HomeMy WebLinkAbout2011-21 - PRES Office Building B - 4300 Von KarmanRESOLUTION NO. 2011 -21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE
DECLARATION, APPROVING GENERAL PLAN AMENDMENT
NO. GP2007 -009, APPROVING PLANNED COMMUNITY
DEVELOPMENT PLAN AMENDMENT NO. PD2007 -006,
APPROVING TENTATIVE PARCEL MAP NO. NP2010 -005, AND
APPROVING EXCEPTIONS TO THE PLANNED COMMUNITY
GENERAL DEVELOPMENT STANDARDS FOR A NEW
COMMERCIAL OFFICE BUILDING LOCATED 4300 VON
KARMAN AVENUE (PA2007 -213)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Professional Real Estate Services, Inc. (PRES), with respect
to property located at 4300 Von Karman Avenue, and legally described as Parcel 1 of
Parcel Map, as per map filed in Book 60, Page 14 of Parcel Maps, in the Office of the
Orange County Recorder, requesting approval of: 1) a General Plan Amendment to
increase the maximum allowable development limit of the Land Use Element by 11,544
gross square feet, 2) an amendment to the Koll Center Newport (PC -15) Planned
Community text to allow an increase to the Allowable Building Area for Professional &
Business Office Site B by 9,917 net square feet, 3) approval of a tentative parcel map to
subdivide the existing 55,779- square -foot parcel of land into two separate parcels, and 4)
an exception to the Koll Center Newport Planned Community General Development
standards which require a minimum site of area of not less than 30,000 square feet,
and to lower the parking requirement of one space for each 225 net square feet to one
space for each 250 net square feet.
2. The applicant proposes to develop a new 11,960- gross- square -foot commercial office
building.
3. The subject property is located within the Koll Center Newport (PC -15) Planned
Community Zoning District and the General Plan Land Use Element category is Mixed -
Use Horizontal 2 (MU -1-12).
4. The subject property is not located within the coastal zone.
5. A public hearing was held by the Planning Commission on August 5, and August 19,
2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California. A notice of time, place and purpose of the meeting was given in accordance
with the Newport Beach Municipal Code. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this meeting.
City Council Resolution No. 2011 -21
PRES Office Building B (PA2007 -213)
Paoe 2 of 12
6. At the August 29, 2010, Planning Commission hearing, the Planning Commission voted
5 ayes with 2 excused to recommend that the City Council approve the project
application as proposed, subject to findings and conditions of approval.
7. At its regular meeting of October 21, 2010, the Airport Land Use Commission for Orange
County considered the project and voted to find the project consistent with the
Commission's Airport Environs Land Use Plan for John Wayne Airport.
8. The applicant filed a request for a waiver of the requirement of a development agreement
pursuant to the provisions of Chapter 15.45 of the NBMC.
9. A public hearing was held by the City Council on February 22, 2011, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of the meeting was given in accordance with the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance
with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K -3.
2. The draft Mitigated Negative Declaration (MND) was circulated for a 20 -day public
comment period beginning on May 19, 2010, and ending on June 7, 2010. The
contents of the environmental document and comments on the document were
considered by the Planning Commission in its review of the proposed project.
3. An Errata to the MND, dated August 13, 2010, was prepared which clarifies and
augments data in the document, and supports the conclusions reached in the draft
MND. Consistent with CEQA Guidelines section 15073.5(c)(4), recirculation of the
MND is not required when new information is added to the document which merely
clarifies, amplifies, or makes insignificant modifications to the MND.
4. On the basis of the entire environmental review record, the proposed project, with
mitigation measures, will have a less than significant impact upon the environment and
there are no known substantial adverse affects on human beings that would be
caused. Additionally, there are no long -term environmental goals that would be
compromised by the project, nor cumulative impacts anticipated in connection with the
project. The mitigation measures identified and incorporated in the Mitigation
Monitoring and Reporting Program (MMRP) are feasible and will reduce the potential
environmental impacts to a less than significant level.
5. The MND and MMRP attached as Exhibit "A" is hereby adopted by the City Council.
The document and all material, which constitute the record upon which this decision
City Council Resolution No. 2011 -21
PRES Office Building B (PA2007 -213)
Paae 3 of 12
for recommendation was based, are on file with the Planning Department, City Hall,
3300 Newport Boulevard, Newport Beach, California.
6. The City Council 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.
1. The project site is located in the Statistical Area L4 (Airport Area) of the Land Use
Element of the General Plan, and is identified as Anomaly Location #2. The General
Plan Land Use Element designates the project site as Mixed -Use Horizontal 2 (MU-
H2). The MU -H2 designation provides for a horizontal intermixing of uses that may
include regional commercial office, multifamily residential, vertical mixed -use buildings,
industrial, hotel rooms, and ancillary neighborhood commercial uses. The proposed
new commercial office building is consistent with this designation.
2. General Plan Policy LU 3.2 encourages the enhancement of existing neighborhoods,
districts, and corridors, by allowing for re -use and infill with uses that are
complementary in type, form, scale, and character. The policy states that changes in
use and /or density /intensity should be considered only in those areas that are
economically underperforming, are necessary to accommodate Newport Beach's
share of projected regional population growth, improve the relationship and reduce
commuting distance between home and jobs, or enhance the values that distinguish
Newport Beach as a special place to live for its residents. The scale of growth and new
development shall be coordinated with the provision of adequate infrastructure and
public services, including standards for acceptable traffic level of service.
The proposed General Plan amendment to increase the maximum allowable
development limit by 11,544 gross square feet restricted to office use only, as depicted
in Exhibit "B" and Exhibit "C" attached hereto and incorporated by reference, is
consistent with General Plan Policy LU 3.2 as follows:
0 The former use of the project site was a restaurant with an 84 -space surface
parking lot. In 2005, the applicant renovated the existing building and converted it
to office use. Due an amendment to the Koll Center Newport Planned Community
text in 2006, a restaurant is no longer a permitted use. As a result, there is now a
surplus of unused parking spaces on the project site. As there is no entitlement
remaining, future development on this site is limited to replacement of the existing
City Council Resolution No. 2011 -21
PRIES Office Building B (PA2007 -213)
Page 4 of 12
building, with a new 7,266- square -foot building'. The site is constrained by a 0.13
FAR because it was originally used as a restaurant site with the required off - street
parking spaces. Therefore, the project site is underutilized and cannot be
developed to perform at its highest and best use.
The applicant proposes to develop a new commercial office building on the project
site which would provide a potential increase in employment opportunities for
approximately 53 individuals. The Airport Area has been identified as an ideal
location for future housing opportunities. The increase in development limits would
provide employment opportunities as existing office and /or industrial uses are
replaced with the future development of mixed -use residential villages in the Airport
Area.
o The proposed new commercial office building could help maintain the City's jobs -
to- housing balance if commercial uses are replaced by residential uses in the
Airport Area.
o The increased development limit would allow for development and infill with a new
commercial office building that is complementary in type, form, scale and
character, and consistent with the existing development pattern in the area.
The proposed project would be served by adequate infrastructure and public
services, and the proposed increase in development limits would not exceed
existing service levels for public services or utilities.
o As described in the analysis included in the Transportation and Traffic Section of
the MND (Pages 3 -59 through 3 -65, and in the Errata, Pages 4 -16 through 4 -18),
the proposed project is expected to generate a total of 132 ADT (average daily
trips) per day, and a total of 19 a.m. peak hour trips and 18 p.m. peak hour trips.
These assumptions are based on criteria from the Institute of Transportation
Engineers Trip Generation, 8th Edition. Per the Circulation Element of the General
Plan, a Level of Service (LOS) E is considered acceptable at intersections in the
John Wayne Airport Area shared with the City of Irvine. The addition of 19 a.m.
peak hour trips and 18 p.m. peak hour trips is not anticipated to worsen the LOS at
these shared intersections with implementation of the proposed project. Thus,
operation of the proposed project would not impact the standards for acceptable
traffic LOS in this area.
3. General Plan Policy LU 6.15.1 provides for the development of distinct business park,
commercial, and airport- serving districts and residential neighborhoods that are
integrated to ensure a quality environment and compatible land uses. The proposed
General Plan amendment to increase the maximum allowable development limit is
consistent with this policy as follows:
' The existing building consists of 6,850 gross square feet in area; 416 square feet was demolished and
removed during renovation and conversion of the building from restaurant to office use.
City Council Resolution No. 2011 -21
PRES Office Building B (PA2007 -213)
Paqe 5 of 12
o The proposed project would provide for development of the site with a new
commercial office building, integrated to ensure a quality environment that is
compatible with the existing surrounding land uses in the Koll Center Newport
Planned Community.
4. Charter Section 423 requires that all proposed General Plan Amendments be
reviewed to determine if the square footage (for non - residential projects), peak hour
vehicle trip, or dwelling unit thresholds would be exceeded as the means to determine
whether a vote by the electorate would be required to approve the General Plan
Amendment. Pursuant to Council Policy A -18, voter approval is not required as the
proposed General Plan Amendment, with the increased development limit of 11,544
gross square feet restricted to office use only, does not exceed the non - residential
floor area threshold, does not exceed the peak hour vehicle trip threshold, and does
not create any new dwelling units.
5. The General Plan includes several goals and policies emphasizing high quality
redevelopment and new development of sites, utilizing adequate standards for site and
building design, parking and undergrounding of utilities, landscaping, and signage
control. The Koll Center Newport Planned Community Development Standards
provides the regulations to implement these various goals and policies.
6. The amendment to the Koll Center Newport Planned Community text to increase the
allowable building area for Office Site B from 967,803 net square feet to 977,720 net
square feet, with the granting of exceptions to the minimum site area of not less than
30,000 square feet, and a change the off - street parking requirements of one space for
each 225 square feet to one space for each 250 square feet would meet the intent of
the Koll Center Newport Planned Community Development Considerations. As
described below, the development standards would be substantially met, and the
project as proposed would not be detrimental to the surrounding office developments.
7. The granting of the exception to subdivide the existing 55,779- square -foot parcel of
land into two separate parcels, comprised of approximately 32,395 square feet, and
approximately 23,383 square feet can be made subject to the facts in support of
following findings:
A. Finding:
That the granting of the exception will not be detrimental to the public welfare or
injurious to other property in the vicinity.
A.1 Facts in Support of Finding:
The granting of the exception to the minimum lot size would not be detrimental
to the public welfare or injurious to other property in the vicinity because:
City Council Resolution No. 2011 -21
PRIES Office Building B (PA2007 -213)
Page 6 of 12
o The area in which the project site is located is fully developed and bounded
on the north by common areas comprised of landscaping and a large water
feature (referred to as a retarding basin in the MND).
o The proposed development would be located within the building envelope of
the project site, would meet the setback requirements, and would not
exceed the maximum height requirements.
o The proposed lot size of 23,383 square feet is similar to or larger than other
lots in the vicinity of the project site (4320 Von Karman: approximately
12,294 square feet; 4220 Von Karman: 23,065 square feet; and 4040
MacArthur Blvd.: 25,847 square feet).
B. Finding:
That the Development Considerations and intent of this Planned Community
Development Standards are substantially met.
B.1 Facts in Support of Finding:
The Development Considerations are provided on page 2 of the Koll Center
Newport Planned Community text, and includes a provision that a precise
development plan be submitted to the Planning Director for review in order to
insure development consistent with the master plan concept of the Koll Center.
The precise plan shall be reviewed prior to the issuance of any building permit
to show conformance with the requirements of the planned community text. The
plan review material shall include:
1. Building Criteria: a) size, b) location, c) height, and d) materials
2. Parking Criteria: a) areas, including drives and accesses, b) quantity, and c)
size
3. Landscaped Areas: a) setbacks, b) walls, c) plazas, and d) pools, fountains
and /or other amenities
4. Signing Criteria: a) location, b) size, and c) quantity
5. All other site improvements as directed by the Planning Director
Detail plans have been submitted for informational purposes, and include of the
above required items, with the exception of signage plans which would be
required for review prior to the issuance of any building or sign permit.
City Council Resolution No. 2011 -21
PRES Office Building B (PA2007 -213)
Page 7 of 12
B.2. Facts in Support of Finding:
If the amendment to the General Plan and planned community text is approved
to allow an increase in the development limits, and the exception to the
minimum site area and parking requirements were granted, the intent of the
development standards would be substantially met because:
o A commercial office building is a permitted use in Office Site B.
O The proposed development would be located within the building envelope of
the site.
The proposed building would meet the required setback, building height and
landscape requirements.
The proposed project would be incorporated into the overall development
pattern of the Koll Center, a master planned campus office park complex.
8. The granting of the exception to the Koll Center Planned Community General Parking
Requirement standards to lower the parking requirement of one space for each 225
net square feet to one space for each 250 net square feet can be made because this
parking ratio is consistent with Chapter 20.66 of the NBMC, and adequate off - street
parking to accommodate all parking needs for the project site will be provided.
9. A tentative parcel map tentative parcel map to subdivide the existing 55,779- square-
foot parcel of land into two separate parcels in order to accommodate development of
the new office building has been prepared in accordance with Title 19 of the Newport
Beach Municipal Code (NBMC). The Planning Commission determined in this case
that the proposed parcel map is consistent with the legislative intent of Title 20 of the
NBMC, and the following findings per Section 19.12.070, and facts in support of such
findings are set forth:
A. Finding:
That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with
applicable provisions of the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
A -1. The purpose of the proposed parcel map to subdivide the existing 55,779 -
square -foot parcel of land into two separate parcels. As part of the proposed
project, the applicant requests approval of a General Plan amendment to
increase the maximum allowable development limit on the subject property to
allow development of new office building on one of the two parcels. If the
City Council Resolution No. 2011 -21
PRES Office Building B (PA2007 -213)
Page 8 of 12
General Plan amendment is approved, the proposed subdivision and
improvements of the subdivision would be consistent with the General Plan and
the MU -1-12 land use designation.
B. Finding:
That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
B -1. The proposed subdivision would create two lots which would be physically
suitable to accommodate the proposed development of a new office building,
and the lots have a slope of less than 20 percent, which is suitable for
development.
B -2. As part of the proposed project, the applicant requests approval of a General
Plan amendment and an amendment to the Koll Center Newport Planned
Community text to increase the maximum allowable development limit on the
subject property. If the General Plan amendment and planned community text
amendment are approved, the project site would be physically suitable for the
amount of entitlement (or intensity) proposed for development of the site.
C. Finding:
That the design of the subdivision or the proposed improvements will not cause
substantial environmental damage nor substantially and avoidably injure fish or
wildlife or their habitat.
Facts in Support of Finding:
C -1. A MND has been prepared for the proposed project, and it has been
determined that the design of the subdivision for the proposed development will
not result in a significant effect on the environment, nor substantially and
avoidably injure fish or wildlife or their habitat. An Errata to the MND dated
August 13, 2010, was prepared in order to clarify data in the MND, and support
the conclusions reached in the draft MND. Pursuant to CEQA Guidelines
section 15073.5(c)(4), recirculation of the MND is not required as a result of the
Errata because in consists of new information added to the MND that merely
clarifies, amplifies, or makes insignificant modifications to the MND.
D. Finding:
That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
City Council Resolution No. 2011 -21
PRIES Office Building B (PA2007 -213)
Page9of12
Facts in Support of Finding:
D -1. The proposed parcel map would subdivide the existing 55,779- square -foot
parcel of land into two separate parcels. Construction for the proposed new
office building would comply with all Building, Public Works, and Fire Codes,
which are in place to prevent serious public health problems. Public
improvements will be required of the developer per Section 19.28.010 of the
Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances
of the City and all Conditions of Approval shall be complied with.
E. Finding:
That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision. In this connection, the decision -
making body may approve a map if it finds that alternate easements, for access
or for use, will be provided and that these easements will be substantially
equivalent to easements previously acquired by the public. This finding shall
apply only to easements of record or to easements established by judgment of
a court of competent jurisdiction and no authority is hereby granted to the City
Council to determine that the public at large has acquired easements for access
through or use of property within a subdivision.
Facts in Support of Finding:
E.1 The design of the development will not conflict with any easements acquired by
the public at large for access through or use of property within the proposed
development, and all on -site easements including those for reciprocal ingress
and egress shall be incorporated on the final parcel map.
F. Finding:
That, subject to the detailed provisions of Section 66474.4 of the Subdivision
Map Act, if the land is subject to a contract entered into pursuant to the
California Land Conservation Act of 1965 (Williamson Act), the resulting parcels
following a subdivision of the land would not be too small to sustain their
agricultural use or the subdivision will result in residential development
incidental to the commercial agricultural use of the land.
Facts in Support of Finding:
F.1 Because the subject property is not considered an agricultural preserve and is
less than 100 acres, it is not subject to the Williamson Act. In addition, the
subject property is zoned PC -15 (Koll Center Newport Planned Community),
which does not allow agricultural uses.
City Council Resolution No. 2011 -21
PRIES Office Building B (PA2007 -213)
Page 10 of 12
G. Finding:
That, in the case of a "land project" as defined in Section 11000.5 of the
California Business and Professions Code: (a) there is an adopted specific plan
for the area to be included within the land project; and (b) the decision - making
body finds that the proposed land project is consistent with the specific plan for
the area.
Facts in Support of Finding:
G.1 The property is not a `land project" as defined in Section 11000.5 of the
California Business and Professions Code, and the project site is not located
within a specific plan area.
H. Finding:
That solar access and passive heating and cooling design requirements have
been satisfied in accordance with Sections 66473.1 and 66475.3 of the
Subdivision Map Act,
Facts in Support of Finding:
HA The proposed parcel map and improvements associated with the proposed
project are subject to Title 24 of the California Building Code that requires new
construction to meet minimum heating and cooling efficiency standards
depending on location and climate. The Newport Beach Building Department
enforces Title 24 compliance through the plan check and inspection process.
I. Finding:
That the subdivision is consistent with Section 66412.3 of the Subdivision Map
Act and Section 65584 of the California Government Code regarding the City's
share of the regional housing need and that it balances the housing needs of
the region against the public service needs of the City's residents and available
fiscal and environmental resources.
Facts in Support of Finding:
1.1 The proposed parcel map would subdivide the existing 55,779- square -foot
parcel of land into two separate parcels. No residential uses are proposed as
part of the project, and no affordable housing units are being eliminated.
City Council Resolution No. 2011 -21
PRIES Office Building B (PA2007 -213)
Page 11 of 12
J. Finding:
That the discharge of waste from the proposed subdivision into the existing
sewer system will not result in a violation of existing requirements prescribed by
the Regional Water Quality Control Board (`RWQCB').
Facts in Support of Finding:
J.1 The proposed project would not exceed wastewater treatment requirements of
the RWQCB, and additional wastewater discharge into the existing sewer
system generated by the proposed project would not violate RWQCB
requirements.
K. Finding:
For subdivisions lying partly or wholly within the Coastal Zone, that the
subdivision conforms with the certified Local Coastal Program and, where
applicable, with public access and recreation policies of Chapter Three of the
Coastal Act.
Facts in Support of Finding:
K.1 The subject property is not located in the Coastal Zone.
10. Pursuant to Chapter 15.45 of the NBMC, the City Council may waive the requirement
for a development agreement in conjunction with City approval of a project that
requires a General Plan amendment and includes non - residential development in
Statistical Area L4 (Airport Area). The City Council finds that the project is minor in
nature because it consists of an 11,544 -GSF increase in floor area to the General
Plan, does not involve a change to the site's land use designation, and does not
involve any residential uses. The City Council finds that the nature of the project is
such that neither the City nor the developer would benefit from a development
agreement because the project is small, no significant environmental impacts would be
created, adequate infrastructure currently exists, there is not change in land use, and
the proposed building is compatible with the surrounding office /business park. In
addition, the project is not a long -term project, and would be constructed, in a single
phase. The City Council therefore waives the requirement for a development
agreement.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council of the City of Newport Beach does hereby find, on the basis of the
whole record, that there is no substantial evidence that the project will have a significant
effect on the environment and that the Mitigated Negative Declaration reflects the
City Council Resolution No. 2011 -21
PRES Office Building B (PA2007 -213)
Paae 12 of 12
Planning Commission's independent judgment and analysis. The Planning Commission
hereby recommends that the City Council adopt the Mitigated Negative Declaration,
including the Mitigation Monitoring and Reporting Program, attached as Exhibit "A ".
The document and all material, which constitute the record upon which this decision
was based, are on file with the Planning Department, City Hall, 3300 Newport
Boulevard, Newport Beach, California.
2. The City Council of the City of Newport Beach does hereby approve General Plan
Amendment No. GP2007 -009 to increase the maximum allowable development limit by
11,544 gross square feet restricted to office use only, as depicted in Exhibit "B" and
Exhibit "C" attached hereto and incorporated by reference.
3. The City Council of the City of Newport Beach does hereby approve an exception to
the Koll Center Newport Planned Community General Development standards which
require a minimum site of area of not less than 30,000 square feet, and approve a
change in the off - street parking requirement of one space for each 225 square feet to
one space for each 250 square feet of net floor area.
4. The City Council of the City of Newport Beach does hereby approve Tentative Parcel
Map NP2010 -006, subject to the conditions set forth in Exhibit "D ".
5. The City Council of the City of Newport Beach does hereby waive the requirement for a
development agreement
6. The City Council of the City of Newport Beach does hereby approve the PRES Office
Building B Project subject to the Conditions of Approval set forth herein in Exhibit "D."
Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 22 "d
of February, 2011, by the following vote to wit:
AYES, COUNCIL MEMBERS Hill, 8osansky, Gardner,
Selich, Curry, Daigle, Mayor Henn
NOES, COUNCIL MEMBERS
ABSENT COUNCIL
MAYOR'
ATTEST:
CITY CLERK "
EXHIBIT "A"
Mitigation and Monitoring Reporting Program
No.
Mitigation Measure
Time Frame for
Responsible
Verification of Compliance
Implementation&
Monitoring
Initials
Date
Remarks
Monitoring
Agency
Biological Resources
BI0 -1
The removal of ornamental trees on site shall not
During construction
Project
be scheduled during the avian nesting season
construction
(approximately February l through August 31)
contractor
to ensure project conformance with the
Migratory Bird Treaty Act. If clearing and
grubbing are proposed to occur between
February 1 and August 31, a preconstruction
survey for nesting birds shall be conducted by a
qualified biologist no more than 7 days prior to
the start of construction.
If nesting birds occur within the disturbance
limits, a buffer around the nest shall be
determined by a qualified biologist. All
construction activities shall occur outside the
buffer area until a qualified biologist has
determined that the nest is complete and that no
new nesting activity has occurred within the
buffer area.
Cultural Resources
CR -1
Project plans shall specify that that a qualified
During construction
Project
paleontologist shall be contacted in the event that
construction
potential paleontological resources are
contractor
discovered. During construction, the contractor
shall halt site excavation or preparation if
suspected fossilized remains are unearthed.
Construction shall cease on site and shall not be
resumed until a qualified paleontologist is
contacted to assess the resources and identify
appropriate treatment measures, if applicable.
Treatment measures may include salvaging
fossils and samples of sediments as they are
unearthed to avoid construction delays and/or
temporarily halting or diverting equipment to
allow removal of abundant or large specimens.
Recovered specimens shall be prepared to a point
of identification and permanent preservation,
including washing of sediments to recover small
invertebrates and vertebrates. Specimens shall
be curated into a professional, accredited
museum repository with permanent retrievable
storage. A report of findings, with an appended
itemized inventory of specimens, shall be
No.
Mitigation Measure
Time Frame for
Responsible
Verification of Compliance
Implementation&
Monitoring
Initials
Date
Remarks
Monitorin
A enc
prepared and shall signify completion of the
program to mitigate impacts on paleontological
resources.
Geology and Soils
GEO -1
Prior to approval of grading permits, soil
Prior to issuance of
City of Newport
preparation measures to minimize expansion
grading permits
Beach Building
potential shall be identified by the applicant in
Department
construction documents and grading permits.
During construction, grading of the site by the
contractor shall adhere to grading plans approved
by the City. Soils required to bring the site to
final grade shall be placed as engineered fill. The
site soils may be re -used as compacted fill
provided the material is cleaned of organics,
demolition debris, and other deleterious
materials. Fill originating on the project site shall
be moisture- conditioned to approximately 130%
of optimum and compacted to a minimum
relative compaction of 90% in accordance with
American Society for Testing and Materials
(ASTM) standard D1557 for laboratory
compaction characteristics. The implementation
of these measures shall be verified during field
inspections.
GEO -2
Prior to approval of grading permits, the grading
Prior to issuance of
City of Newport
plans shall stipulate that all fill shall consist of
grading permits
Beach Building
non - expansive materials, moisture - conditioned
Department
to near optimum if cohesionless, and to 130% of
optimum if cohesive or clayey. The
characteristics of the fill soil shall be evaluated
by the geotechnical consultant prior to
placement, and confirmed to meet grading plan
s ecifications.
GEO -3
Prior to approval of grading permits, the grading
Prior to issuance of
City of Newport
plans shall stipulate that wall backfill soils shall
grading peon its
Beach Building
consist of granular, cohesionless backfill with
Department
sand equivalent greater than 30 and an expansion
index less than 20. The characteristics of the fill
soil shall be evaluated by the geotechnical
consultant prior to placement, and confirmed to
meet grading plan specifications.
Hydrology and Water Quality
WQ -1
Prior to issuance of grading permits, the
Prior to issuance of
City of Newport
applicant shall prepare and have approved by the
grading permits
Beach Public
City a SWPPP to be implemented during
Works
construction, which shall include BMPs to
Department
prevent discharges of polluted stormwater from
construction sites from entering the storm drains
or the existing retarding basin. The SWPPP shall
be prepared as directed in the City's stormwater
No.
Mitigation Measure
Time Frame for
Responsible
Verification of Compliance
Implementation&
Monitoring
Initials
Date
Remarks
tVlonitarin
A enc
protection requirements, and may include, but
not be limited to, the following measures:
is Diversion of off -site runoff away from the
construction site.
• Revegetation of exposed soil surfaces as
soon as feasible following grading activities.
• Installation of perimeter straw wattles to
prevent off -site transport of sediment.
is Protection of drop inlets (filters and sand
bags or straw wattles) with sandbag check
dams in paved roadways.
• Provision of specifications for construction
waste handling and disposal.
• Training of subcontractors on general site
housekeeping.
Noise
N -I
All noise - producing project equipment and
During final design
City of Newport
vehicles using internal combustion engines shall
and prior to plan
Beach Code
be equipped with mufflers, air -inlet silencers
check approval
Enforcement
where appropriate, and any other shrouds,
shields, or other noise - reducing features in good
City of Newport
operating condition that meet or exceed original
Beach Building
factory specification. Mobile or fixed "package"
Department
equipment (e.g., arc welders, air compressors)
shall be equipped with shrouds and noise control
features that are readily available for that type of
equipment.
N -2
All mobile and fixed noise - producing equipment
During grading, site
City of Newport
used on the proposed project that is regulated for
preparation, and
Beach Code
noise output by a local, state, or federal agency
construction
Enforcement
shall comply with such regulation while in the
course of project activity.
City of Newport
Beach Building
Department
N -3
Electrically powered equipment shall be used
During final design
City of Newport
instead of pneumatic or internal combustion—
and prior to plan
Beach Code
powered equipment, where feasible,
check approval
Enforcement
During grading, site
City of Newport
preparation, and
Beach Building
construction
Department
NA
Mobile noise - generating equipment and
During, grading, site
City of Newport
machinery shall be shut off when not in use.
preparation, and
Beach Code
construction
Enforcement
City of Newport
Beach Building
Department
No.
Mitigation Measure
Time Frame for
Responsible
Verification of Compliance
Implementation&
Monitoring
Initials
Date
Remarks
Monitorin
A enc
N -5
Material stockpiles and mobile equipment
During, grading, site
City of Newport
staging, parking, and maintenance areas shall be
preparation, and
Beach Code
located as far as practical from noise- sensitive
construction
Enforcement
receptors.
City of Newport
Beach Building
Department
N -6
Construction site and access road speed limits
During, grading, site
City of Newport
shall be established and enforced during the
preparation, and
Beach Code
construction period.
construction
Enforcement
City of Newport
Beach Building
Department
N -7
The use of noise - producing signals, including
During, grading, site
City of Newport
hems, whistles, alarms, and'bells, shall be for
preparation, and
Beach Code
safety warning purposes only.
construction
Enforcement
City of Newport
Beach Building
Department
N -8
No project - related public address or music
During, grading, site
City of Newport
system shall be audible at any adjacent receptor.
preparation, and
Beach Code
construction
Enforcement
City of Newport
Beach Building
Department
N -9
The onsite construction supervisor shall have the
During final design
City of Newport
responsibility and authority to receive and
and prior to plan
Beach Code
resolve noise complaints. A clear appeal process
check approval
Enforcement
to the project proponent shall be established
prior to construction commencement that shall
During grading, site
City of Newport
allow for resolution of noise problems that
preparation, and
Beach Building
cannot be immediately solved by the site
construction
Department
supervisor.
EXHIBIT "B"
REVISED TABLE LU2
ANOMALY LOCATIONS
0 0 LU2
Anomaly
Number
Anom-aly
Statistical
Area
0 0 0
Land Use lopment
Designation mit s
Development Limit Other
Additional Information
1
L4
MU -H2
7460,095
471 Hotel Rooms (not included
in total square footage)
2
L4
MU -H2
52,880
2.1
L4
MU -H2
18,810
11,544 sf restricted to
general office use only
(included in total square
footage)
3
L4
CO-G
734,641
4
L4
MU -H2
250,176
5
L4
MU -H2
32,500
6
L4
MU -H2
34,500
7
L4
MU -H2
81,372
8
L4
MU -H2
442,775
9
L4
CG
120,000
164 Hotel Rooms (included in
total square footage)
10
L4
MU -H2
31,362
349 Hotel Rooms (not included
in total square footage)
11
L4
CG
11,950
12
L4
MU -H2
457,880
13
L4
CO -G
288,264
14
L4
CO- GIMU -H2
860,884
15
1.4
MU -H2
228,214
16
L4
CO -G
344,231
17
L4
MU -H2
33,292
304 Hotel Rooms (not included
in total square footage)
18
L4
CG
225,280
19
L4
CG
228,530
21
J6
CO -G
687,000
Office: 660,000 sf
Retail: 27,000 sf
CV
300 Hotel Rooms
22
J6
CO-G
70,000
Restaurant: 8000 sf, or
Office: 70,000 sf
23
K2
PR
15,000
24
L3
IG
89,624
25
L3
PI
84,585
26
L3
IG
33,940
27
L3
IG
86,000
28
L3
IG
110,600
29
L3
CG
47,500
30
M6
CG
54,000
31
L2
PR
75,000
32
L2
PI
34,000
EXHIBIT "C„
REVISED FIGURE LUl I
FOR
STATISTICAL AREAS J6, L4
§�
LLI
»)�
\/
|-
`•!(!
"!.!
_
�!!!!!!
i_`
|, Q
\
°l =.tl
;., |�•!! §]
/
'|
z
'8 *�
§
}!i!!
| |!!#b
|Mot 111/§■■■■ |
&!I!
/
�
�
f
EXHIBIT "D"
CONDITIONS OF APPROVAL
PRES Office Building B
4300 Von Karman Avenue
General Plan Amendment No. GP2007 -009
Planned Community Development Plan Amendment No. PD2007 -006
Tentative Parcel Map No. NP2010 -005
1. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless 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 City's approval of the PRIES
Office Building B Project including, but not limited to, the General Plan Amendment
No. GP2007 -009, Planned Community Development Plan Amendment No. PD2007-
006, and Tentative Parcel Map No. NP2010 -005; and /or the City's related California
Environmental Quality Act determinations, the certification of the mitigated Negative
Declaration and /or the adoption of a Mitigation Monitoring Programs for the project.
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 any amount owed to the City pursuant to
the indemnification requirements prescribed in this condition.
2. A parcel map shall be recorded with the Orange County Clerk- Recorder Department.
The Map shall be prepared on the California coordinate system (NAD83). Prior to
recordation of the Map, the surveyor /engineer preparing the Map shall submit to the
County Surveyor and the City of Newport Beach a digital - graphic file of said map in a
manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision
Code and Orange County Subdivision Manual, Subarticle 18. The map to be
submitted to the City of Newport Beach shall comply with the City's CADD
Standards. Scanned images will not be accepted.
3. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the
Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle
18. Monuments (one inch iron pipe with tag) shall be set on each lot corner, unless
otherwise approved by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of construction project.
PRES Office Building B (PA2007 -213)
Exhibit "D" - Conditions of Approval
Paqe 2 of 4
4. All improvements shall be constructed as required by City Ordinance and the Public
Works Department, and shall comply with all Building, Public Works and Fire Codes.
5. The applicant shall reconstruct the existing broken and /or otherwise damaged
concrete sidewalk panels along the Von Karman Avenue frontage. Limits of
reconstruction shall be at the discretion of the Public Works inspector.
6. The applicant shall protect existing trees in place on the project site to the extent
possible during construction of the project. Any existing trees on the project site
removed during the course of construction shall be replaced with new trees consistent
with the type, variety and /or species determined by the Community Development
Department.
7. No permanent structures may be built within the limits of any easement within the
property, unless otherwise approved by the Public Works Department.
8. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
9. All applicable Public Works Department plan check fees, improvement bonds and
inspection fees shall be paid prior to processing of the map by the Public Works
Department.
10. County Sanitation District fees shall be paid prior to issuance of any building permits, if
required by the Public Works Department or the Building Department.
11. Prior to recordation of the Parcel Map, fair share fees shall be paid in accordance with
City Ordinance 94 -19 of the Newport Beach Municipal Code.
12. The parcel map shall be recorded prior to the issuance of any building permits.
13. If required, prior to site plan approval and issuance of any building permits, the
applicant shall file a notice of Proposed Construction or Alteration with FAA (FAA Form
7460 -1) in accordance with Federal Aviation Regulation (FAR) Part 77. The City shall
refer the proposed project to the Orange County Airport Land Use Commission for
consistency analysis. The Director of Planning, or designee, shall verify that the City
has received a Determination of No Hazard to Air Navigation, if required, prior to the
issuance of building permits for the northern parcel.
14. Additional Public Works improvements, including street and alley reconstruction, work
may be required at the discretion of the Public Works Inspector.
15. If any of the existing public improvements surrounding the site is damaged by the
private work, public works improvements including, but not limited to, curb and gutter,
sidewalk, and alley /street reconstruction may be required at the discretion of the Public
Works Inspector.
PRES Office Building B (PA2007 -213)
Exhibit "D" - Conditions of Approval
Pape 3 of 4
16. An encroachment agreement shall be applied for and approved by the Public Works
Department for all non - standard improvements within the public right -of -way and /or
extensions of private, non - standard improvements into the public right -of -way fronting
the development site.
17. Arrangements shall be made with the Public Works Department in order to guarantee
satisfactory completion of the public improvements if it is desired to record a parcel
map or obtain a building permit prior to completion of the public improvements.
18. Overhead utilities serving the site shall be undergrounded to the nearest appropriate
pole in accordance with Section 19.28.090 of the Municipal Code unless it is
determined by the City Engineer that such undergrounding is unreasonable or
impractical.
19. A sewer demand capacity study shall be submitted to the Public Works Department
along with the first plan check. The study recommendation (s) shall be incorporated as
part of the submitted plans. Any cost of upgrading the existing City sewer lateral shall
be borne by the applicant.
20. The applicant shall provide a new public sewer easement for the existing City sewer
lines along the southerly property lines. (Note: The new easements do not appear to
impact the proposed development.)
21. In accordance with the provisions of Chapter 13 (or any other applicable chapters) of
the Newport Beach Municipal Code, additional street trees may be required and
existing street trees shall be protected in place during construction of the subject
project, unless otherwise approved by the General Services Department and the
Public Works Department through an encroachment permit or agreement.
22. All improvements shall comply with the City's sight distance requirement. See City
Standard 110 -L.
23. The parking layout and circulation is subject to further review by the Public Works
Department. The parking layout shall comply with City Standard STD - 805 -L -A and
STD - 805 -L -B.
24. Trash service shall be provided prior to the start of the work day so it does not impact
the overall circulation of the site.
25. All on -site drainage shall comply with the latest City Water Quality requirements.
26. All existing drainage facilities in the public right -of -way shall be retrofitted to comply
with the City's on -site non -storm runoff retention requirements. The Public Works
Inspector shall field verify compliance with this requirement prior to recordation of the
parcel map.
PRIES Office Building B (PA2007 -213)
Exhibit "D" - Conditions of Approval
Paae 4 of 4
27. Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagmen. Traffic control and transportation of equipment and materials shall be
conducted in accordance with state and local requirements.
28. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport
Beach Municipal Code, approved street numbers or addresses shall be placed on all
new and existing buildings in such a location that is plainly visible and legible from the
street or road fronting the subject property. Said numbers shall be of non - combustible
materials, shall contrast with the background, and shall be either internally or
externally illuminated to be visible at night. Numbers shall be no less than four inches
in height with a one -inch wide stroke. The Planning Department Plan Check designee
shall verify the installation of the approved street number or addresses during the plan
check process for the new or remodeled structure.
29. This Parcel Map shall expire if the map has not been recorded within three years of
the date of approval, unless an extension is granted by the Planning Director in
accordance with the provisions of Section 19.16 of the Newport Beach Municipal
Code.
Mitigation Measures
30. The applicant shall comply with all mitigation measures and standard conditions
contained within the approved Mitigation Monitoring and Reporting Program of the
adopted Mitigated Negative Declaration (Exhibit "A ") for the project.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2011 -21 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 22nd day of
February, 2011 , and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 2V day of February, 2011.
YUrVV
City Clerk
Newport Beach, California
(Seal)