HomeMy WebLinkAbout2.0 - Uptown Newport MSDR - 4311-4321 Jamboree Rd - PA2013-129CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 5, 2013 Meeting
Agenda Item 2
SUBJECT: Uptown Newport MSDR (PA2013 -129)
4311 -4321 Jamboree Road
■ Master Site Development Review No. SD2013 -002
APPLICANT: Shopoff Management, Inc. (Uptown Newport LP)
PLANNER: Rosalinh Ung, Associate Planner
(949) 644 -3208, rung @newportbeachca.gov
On August 22, 2013, the Planning Commission continued the Uptown Newport Master Site
Development Review application to the September 5, 2013, meeting and directed the applicant
to make the following changes:
Enhance the project's main entry at Jamboree Road and Fairchild to be more iconic;
Redesign Building 2 so it has less of the "institutional" architectural theme by using more
high levels of finished materials; and
Modify Notes 7 and 8 on Sheet A3 (Building 1 - Elevation C) to require that the applicant
shall use enhanced materials /finish as listed (i.e., stone, tile, limestone plaster, and fiber
cement panel), and remove smooth plaster as a part of enhanced materials /finish list and
replace it with "or similar enhanced quality materials approved by the Community
Development Director'.
The applicant has agreed to the requested changes and the revised plans are forthcoming. It is
anticipated that the revised plans will be completed and delivered to the Commission and
electronically posted for the general public on September 3, 2013.
During the August 22n6 meeting, the Planning Commission also commented on the availability of
the approved zoning documents for this project. They are: 1) Land Use, Development
Standards & Procedures; 2) Phasing Plan; and 3) Design Guidelines. These documents were
approved by the City Council on February 26, 2013, and are found online by the following link:
http: / /newportbeachca.gov /index. aspx? page =2029
The draft resolution also has been revised (Attachment PC 1) to include the typographical
corrections that were identified at the August 22nd meeting.
Prepared by:
o alinh Ung
As ociate Planner
ATTACHMENTS
PC 1 Revised Draft Resolution of Approval
Submitted by:
*na i, r ICP, Deputy Director
Attachment No. PC 1
Revised Draft Resolution of
Approval
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING MASTER SITE DEVELOPMENT
REVIEW NO. SD2013 -002 FOR THE 25.05 ACRE PLANNED COMMUNITY
KNOWN AS UPTOWN NEWPORT LOCATED AT 4311 -4321 JAMBOREE
ROAD (PA2n�2PA2013 -129)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
A. An application was filed by Uptown Newport LP ( "Uptown Newport" or "Applicant')
with respect to a 25.05 -acre property generally located on the north side of
Jamboree Road between Birch Street and the intersection of Von Karman Avenue
and MacArthur Boulevard, legally described on Exhibit A, which is attached hereto
and incorporated herein by reference (the "Property"), requesting approval of the
Master Site Development Review (MSDR) application for the development of up to
1,244 residential dwelling units, 11,500 square feet of retail commercial uses, and
2.05 acres of parklands (the "Project').
B. The Property has a General Plan designation of Mixed -Use District Horizontal -2
(MU -112), and is zoned Uptown Newport Planned Community (PC -58) District.
C. On February 26, 2013, the City Council certified the Uptown Newport Final
Environmental Impact Report No. ER2012 -001 (SCH No. 2010051094) and
approved the following entitlement applications for the Project:
1. Planned Community Development Plan Amendment No. PD2011 -003: An
amendment to Planned Community Development Plan #15 (Koll Center Planned
Community) to remove the subject property from the Koll Center Planned
Community, pursuant to Chapter 20.66 (Amendments) of the Municipal Code.
2. Planned Community Development Plan Adoption No. PC2012 -001: A Planned
Community Development Plan (PCDP) adoption to establish the allowable land
uses, general development regulations, and implementation and administrative
procedures, which would serve as the zoning document for the construction of
up to 1,244 residential units, 11,500 square feet of retail commercial, and 2.05
acres of park space to be built in two (2) separate phases on a 25.05 -acre site,
pursuant to Chapter 20.56 of the Municipal Code. The PCDP has three (3)
components: 1) Land Uses, Development Standards & Procedures; 2) Phasing
Plan; and 3) Design Guidelines.
3. Tentative Tract Map No. NT2012 -002: A tentative tract map to establish lots
for residential development purposes pursuant to Title 19 of the Municipal
Code.
Planning Commission Resolution No.
Page 2 of 8
4. Traffic Study No. TS2012 -005: A traffic study pursuant to Chapter 15.40 (Traffic
Phasing Ordinance) of the Municipal Code.
5. Affordable Housing Implementation Plan No. AH2012 -001: A program specifying
how the proposed project would meet the City's affordable housing
requirements, pursuant to Chapter 19.53 (Inclusionary Housing) and Chapter
20.32 (Density Bonus) of the Municipal Code.
6. Development Agreement No. DA2012 -003 (adopted on March 12, 2013): A
Development Agreement between the applicant and the City of Newport Beach
describing development rights and public benefits, pursuant to Section
15.45.020.A.2.a of the Municipal Code and General Plan Land Use Policy
LU6.15.12.
D. A-pPublic hearings wa�were held on August 22 and September 5, 2013, in the City
Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California.
Public notices of the time, place, and purpose of the aforesaid meetings was -were
provided in accordance with the Newport Beach Municipal Code ( "NBMC "). The
staff reports, and evidence, both written and oral, were presented to and considered
by the Planning Commission at the scheduled hearings.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
A. All significant environmental effects for the PCDP have been adequately addressed
in the previously certified Environmental Impact Report No. ER2012 -001 (SCH No.
2010051094) ( "EIR "), which included a mitigation, monitoring and reporting program
and statement of overriding considerations, and the City of Newport Beach intends
to use said document for the approval of the subject MSDR application and its
implementation. Copies of the previously prepared environmental document are
available for public review and inspection at the Planning Division or at the City of
Newport Beach website at www. newportbeachca .gov /cegadocuments.
B. The MSDR application is a subsequent application required by the PCDP in order to
ensure that the subject property is developed consistent with the previously approved
entitlements identified above.
C. None of the conditions described in Section 15162 of the CEQA Guidelines calling
for preparation of a subsequent or supplemental EIR have occurred, and the MSDR
application and its implementation do not require changes or additions to the EIR
pursuant to Section 15164 of the CEQA Guidelines.
D. No new effects would occur, nor would a substantial increase in the severity of
previously identified significant effects occur as the result of this approval as the
MSDR application identifies the same previously approved project with refined
detailed drawings, no increase in intensity, and no changes to the development
standards.
Planning Commission Resolution No.
Page 3 of 8
E. There are no additional reasonable alternatives or mitigation measures that should
be considered in conjunction with the MSDR application or its implementation.
F. The Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming.
In addition, project opponents often seek an award of attorneys' fees in such
challenges. As project applicants are the primary beneficiaries of such approvals, it
is appropriate that such applicants should bear the expense of defending against
any such judicial challenge, and bear the responsibility for any costs, attorneys'
fees and damages which may be awarded to a successful challenger.
SECTION 3. FINDINGS.
In accordance with Section 4.1 of the Land Uses, Development Standards &and
Procedures ( LUDSP) of the PCDP, the purpose of the Master Site Development Review is
to ensure that the Uptown Newport Project is developed consistent with the PCDP,
Development Agreement, applicable environmental mitigation measures, and applicable
City Codes and standards. The following consistency findings and facts in support of the
MSDR application are set forth:
Finding
A. The MSDR application is in compliance with the provisions of the Land Uses,
Development Standards and Procedures of the PCDP.
Fact in Support of Finding
Al. The LUDSP provides for a maximum height of 75 feet for low -rise and mid -rise
buildings and a maximum height of 150 feet for high -rise portions of buildings. The
proposed prototypical building elevations are in compliance with these height
restrictions.
A2. Section 3.3 of the LUDSP identifies a network of streets centered around the internal
Spine Street and traffic roundabout, and Section 3.4 allows for parking along internal
streets and within integrated structured parking. The proposed MSDR plans depict
street improvements for both phases that establish clear and convenient access to
individual development parcels, structured parking entrances, and street parking
consistent with the Master Site Plan of the PCDP and Tentative Tract Map No. 17438.
The MSDR plans also emphasize pedestrian connectivity, paseos, public open space,
and accessibility as required by the PCDP.
A3. Section 3.7 of the LUDSP requires public parks, on -site recreational amenities and
open space. The MSDR plans identify areas for residential amenities, open space
and balconies throughout the project consistent with this requirement.
Finding
B. The MSDR application is consistent with the Phasing Plan of the PCDP.
Planning Commission Resolution No.
Page 4 of 8
Fact in Support of Finding
B1. The MSDR application includes Phases 1 and 2 development plans that are
consistent with the Phasing Plan of the PCDP. Each plan set contained landscape
plans, wall and fence plans, lighting plans, signage plans, and civil engineering
plans designed considering the phased nature of the project. The prototypical
architectural building elevations for Phase 1 and for Phase 2 are illustrated in the
Phase 1 plan set.
C. The MSDR application is consistent with the Design Guidelines of the PCDP.
Fact in Support of Finding
C1. The MSDR plans depict the ten framework principles identified in the Design
Guidelines: (1) a distinct high- density, mixed -use residential village; (2) a legible
internal roadway circulation with ample access to all portions of the site; (3) a
sequence of spaces promoting clear way- finding; (4) incorporation of neighborhood -
serving ground -level retail uses; (5) creation of neighborhood public park space as
a principal focus for the village; (6) housing opportunities to serve the needs of
residents; (7) pedestrian orientation with pedestrian - scaled streets and greenbelts
that break up large blocks and provide connectivity; (8) on- street parking; (9)
architectural massing that provides variety and interest with spatial definition along
internal streets and pedestrian scale elements; and (10) establishment of a
landscape character that unifies and enhances streets, paseos, and other
components of the public realm.
C2. The proposed prototypical architectural building elevations identify a distinct multi-
family residential village with residential stoops, balconies, and retail storefronts.
Sheets Al -A8 of the Phase 1 plan set demonstrate the architectural design /theme for
the entire project that will guide the preparation of Phase 2 plans to ensure consistent
designs between the phases. A variety of colors, materials and architectural character
are also shown on the building elevation plans. The Jamboree Road frontage
contains building height variations and major and minor massing breaks in
accordance with Section 3.3.3 of the Design Guidelines. The provided massing
breaks avoid continuous uninterrupted building planes and provide shade and
shadow.
C3. The Phase 1 and Phase 2 street improvement and landscape plans are consistent
with pedestrian connectivity and circulation goals and connect residential buildings
with the on -site retail, parks, and off -site adjacencies.
C4. The landscaping unifies and enhances the project design, and incorporates plants that
adhere to the City's low water use standards consistent with the City's drought
tolerant/water efficient landscape ordinance.
C5. The MSDR plans depict a distinct, high- density, mixed -use village that incorporates
various styles, materials, colors, and heights providing Architectural interest
Planning Commission Resolution No.
Page 5 of 8
expressing a high quality environment consistent with the Design Guidelines of the
PCDP. Massing breaks avoid uninterrupted building planes and highlight the efficient
arrangement of the on -site structures and their relationship to adjacent developments.
C6. Section 2.2.1 of the Design Guidelines identifies Master Site Improvements including
site preparation, backbone storm drainage, sanitary sewer systems, reclaimed water
distribution systems, street improvements, fencing and walls, park improvements,
landscape improvements, streetlight and lighting improvements, dry utilities and
master community signage. As stated above, the MSDR application identifies project
specific details and certain Master Site Improvements, including preliminary grading
plans, preliminary street improvements plans, fencing and wall details, and landscape
improvement plans.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
A. The Planning Commission of the City of Newport Beach hereby approves Master
Site Development Review No. SD2013 -002, subject to the conditions set forth in
Exhibit B, which is attached hereto and incorporated by reference.
B. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED, AND ADOPTED THIS 22nd5th DAY OFTSEPTEMBER,
2013.
AYES:
NOES:
ABSTAIN
ABSENT:
M_ V'
Bradley Hillgren, Chairman
BY:
Kory Kramer, Secretary
Planning Commission Resolution No.
Page 6 of 8
EXHIBIT A
LEGAL DESCRIPTION
Being a subdivision of Lots 1 and 2 of Tract No. 7953, in the City of Newport Beach, County
of Orange, State of California, as shown on a map recorded in Book 310, Pages 7 to 11
inclusive, of Miscellaneous Maps, recorded of said County.
Planning Commission Resolution No.
Page 7 of 8
EXHIBIT B
CONDITIONS OF APPROVAL
MASTER SITE DEVELOPMENT REVIEW NO. SD2013 -002
Planning Division Conditions
1. The expiration date of Master Site Development Review No. SD2013 -002 shall be
consistent with the term of Development Agreement No. DA2012 -003 (the
"Development Agreement ").
2. Any substantial modification to the approved Master Site Development Review
plans, as determined by the Community Development Director, shall require an
amendment to this Master Site Development Review application or the processing
of a new application.
3. The final design of two (2), one -acre neighborhood public parks shall be consistent
with Master Site Development Review No. SD2013 -002 and subject to the review
and approval of the City of Newport Beach Parks Beach and Recreation
Commission.
4. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the property owner or the leasing agent.
5. To the fullest extent permitted by law, the applicant shall indemnify, defend and
hold harmless the City, its City Council, its boards and commissions, officials,
officers, employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to the City's approval
of the Uptown Newport project including, but not limited to, the approval of the
Master Site Development Review No. SD2013 -002. This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of
suit, attorneys' fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by applicant, City,
and /or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The
applicant shall pay to the City upon demand, from time to time, any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
The provisions herein shall not apply to the extent such damage, liability or claim is
caused by the willful misconduct or sole active negligence of the City or the City's
officers, officials, agents, employees, or representatives.
Planning Commission Resolution No.
Page 8 of 8
Fire Department Conditions
6. Emergency access roads shall be 26 feet wide within 30 feet of a fire hydrant (both
sides of hydrant) with no vehicle parking allowed in the 30 feet.
7. Fire hydrant locations shall be determined based on the spacing and fire flow
requirements.
8. A separate fire flow plan shall be required for each future building structure.
9. Fire lane marking and fire sign heights shall be provided as per Newport Beach
Guideline C.02.
Public Works Conditions
10. Prior to commencement of demolition and grading of Phases 1 and 2 of the project,
the applicant shall submit a construction management and delivery plan for each
phase separately to be reviewed and approved by the Public Works Department.
The plan shall include discussion of the overall project phasing; parking
arrangements for the site during construction; anticipated haul routes and
construction mitigation. Upon approval of the plan, the applicant shall be
responsible for implementing and complying with the stipulations set forth in the
approved plan.
11. Traffic control and truck route plans for Phases 1 and 2 shall be reviewed and
approved by the Public Works Department before their implementation. Large
construction vehicles shall not be permitted to travel narrow streets as determined
by the Public Works Department. Disruption caused by construction work along
roadways and by movement of construction vehicles shall be minimized by proper
use of traffic control equipment and flagman.
12. All improvements shall comply with the City's sight distance requirement per City
Standard 100 -L.
13. All traffic related signage shall be a minimum of 7 feet in height, measured from the
bottom of sign.
14. All handicap parking stalls and loading zones shall be per current ADA
requirements. Path of travel shall be shown on plan and minimum of 48 inches
clearance per ADA. Ramps required at tops of loading zones. All handicap stalls
shall be located at the ends of aisle, not in the center, of angled parking.
Ung, Rosalinh
From: Ken Nilmeier [KNilmeier @mve- architects.com]
Sent: Tuesday, September 03, 2013 11:33 AM
To: Ung, Rosalinh
Cc: Kristin Stoyanova; Tim Beuchat; brupp @shopoff.com
Subject: Summary of Changes to Uptown Newport Submittal
September 3, 2013
In response to Planning Commission comments from the August 22, 2013 hearing, the Applicant has provided
modifications to the architectural drawings that had comprised a portion of the Uptown Newport July 19, 2013
submittal documents. The formatting and sheet number remained constant.
The changes to the exhibits include the following:
Building 1: Changes were made to the proposed corner tower element located at the corner of Jamboree and Fairchild.
Portions of the building adjacent to the tower were.also modified as needed to complete the architectural
composition. This design is to be considered an alternative to the July 19, 2013 submittal. The original design is to still
be considered a valid option.
Sheet Al:
- Re- design of the corner "tower" element;
- The area designated for enhanced materials on the tower element includes only the first two floors ( "base"
element) in response to the change; and
- Change in language in the notes section pertaining to enhanced materials.
Sheet A2:
Change in language in the notes section pertaining to enhanced materials.
Sheet A3
- Re- design of the corner "tower" element.
- The area designated for enhanced materials on the tower element includes only the first two floors ( "base"
element) in response to the design change.
Designation of additional areas along the Jamboree fapade for enhanced materials in four locations; and
Change in language in the notes section pertaining to enhanced materials.
Building 2: The Jamboree (F) and Secondary Entry (E) elevations been revised to emphasize a more residential
character.
Sheet A4
- Change in color to the plaster on the northerly (as viewed to the left side of the elevation) single bay massing
element
Change in language in the notes section pertaining to enhanced materials.
Sheet AS
- Adjustments to the massing element on the corner at Jamboree (left side of the elevation drawing) to include
a slightly wider form. This element is now designated for enhanced materials;
Enhanced materials designations are also identified for additional vertical elements layered on the facade;
Colors were slightly modified to be more saturated in order to create more interest in the elevation;
Change in language in the notes section pertaining to enhanced materials.
W
NOTES
1: COMMUNITY FOCAL POINT WITH
ENHANCED BASE AND VARIED WINDOW
DETAILING AT DIFFERENT FLOORS
2: VARIATION IN STOREFRONTS AND
DETAILING AT BASE
3: PEDESTRIAN ACCESS TO RETAIL FROM
GARAGE
4: ONE -STORY STEP DOWN
5: RECESSED BALCONIES
6: HIGHER CEILING WITH TALLER GLASS
7: TRIM AT COLOR CHANGE; BASE /MIDDLE/
TOP PROPORTION
8: JULIET BALCONIES
9: COMMUNITY FOCAL POINT WITH
ENHANCED MATERIALS AND DETAILS AT
CORNER
10: ENHANCED MATERIALS/ FINISHES
SHALL INCLUDE STONE, TILE, LIMESTONE
PLASTER AND OTHER ENHANCED
MATERIALS APPROVED BY THE COMMUNITY
DEVELOPMENT DIRECTOR.
PROTOTYPICAL BUILDING ELEVATIONS
Uptown Newport
Uptown Newport LP
Date: 09 -03 -2013
Scale: 3/32" = 1'
0' 16' 32 '
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NOTES
1: CORNER BREAK WITH ONE -STORY
STEP DOWN
2: BALCONY
3: CORNER LOBBY OR RESIDENT
AMENITY WITH DOUBLE HEIGHT
GLAZING
4: CANOPY
5: ENHANCED MATERIALS/ FINISHES SHALL
INCLUDE TILE, FIBER CEMENT PANEL,
METAL PANEL, LIMESTONE PLASTER AND
OTHER ENHANCED MATERIALS APPROVED BY
THE COMMUNITY DEVELOPMENT DIRECTOR
W
PROTOTYPICAL BUILDING ELEVATIONS
Uptown Newport
Uptown Newport LP
Date: 09 -03 -2013
Scale: 3/32" = 1'
0' 16' 32'
SHEET
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NOTES
1: COMMUNITY FOCAL POINT: CORNER
LOBBY OR RESIDENT AMENITY WITH
ENHANCED MATERIALS AND ONE -STORY
STEP DOWN
2: BALCONY
3: ACTIVE RESIDENTIAL USE RELATING
TO STREET
4: COMMUNITY FOCAL POINT: CORNER
LEASING LOBBY OR RESIDENT AMENITY
WITH DOUBLE HEIGHT GLAZING AND
EXPANDED CORNER GLASS
5: ENHANCED MATERIALS/ FINISHES
SHALL INCLUDE TILE, CONCRETE, FIBER
CEMENT PANEL AND OTHER ENHANCED
MATERIALS APPROVED BY THE COMMUNITY
DEVELOPMENT DIRECTOR
PROTOTYPICAL BUILDING ELEVATIONS
=Uptown Newport
ryl
Uptown Newport LP
Date: 09 -03 -2013
Scale: 3/32" = 1'
0' 16' 32 '
SHEET
A7
9 OF 28
NOTES
1: CORNER TOWER ELEMENT
2: LEASING LOBBY OR RESIDENT AMENITY
WITH DOUBLE HEIGHT GLAZING
3: RESIDENT STOOP /PATIO
4: MINOR MASSING BREAK
5: CANOPY
6: BALCONY
7: ENHANCED MATERIALS/ FINISHES
SHALL INCLUDE STONE, TILE, FIBER
CEMENT SIDING AND OTHER ENHANCED
MATERIALS APPROVED BY THE COMMUNITY
DEVELOPMENT DIRECTOR
PROTOTYPICAL BUILDING ELEVATIONS
=Uptown Newport
Uptown Newport LP
Date: 09 -03 -2013
Scale: 3/32" = 1'
0' 16' 32'
SHEET
A8
10 OF 28
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UPTOWN NEWPORT SITE PLAN
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UPTOWN NEWPORT PLANNED COMMUNITY DEVELOPMENT PLAN
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UPTOWN NEWPORT PLANNED COMMUNITY DEVELOPMENT PLAN
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Building 2 — Current Submittal
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