HomeMy WebLinkAboutPC2021-024 - RECOMMENDING THE CITY COUNCIL CERTIFY ENVIRONMENTAL IMPACT REPORT NO. ER2021-002 (SCH NO. 2020110087), APPROVE GENERAL PLAN AMENDMENT NO GP2020-001, ZONING CODE AMENDMENT NO. CA2020-008, PLANNED COMMUNITY DEVELOPMENT PLAN NO. PC2RESOLUTION NO. PC2021-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA RECOMMENDING THE
CITY COUNCIL CERTIFY ENVIRONMENTAL IMPACT REPORT
NO. ER2021-002 (SCH NO. 2020110087), APPROVE GENERAL
PLAN AMENDMENT NO GP2020-001, ZONING CODE
AMENDMENT NO. CA2020-008, PLANNED COMMUNITY
DEVELOPMENT PLAN NO. PC2020-001, MAJOR SITE
DEVELOPMENT REVIEW NO. SD2020-001, TENTATIVE TRACT
MAP NO. NT2020-001, AND DEVELOPMENT AGREEMENT NO.
DA2020-001 FOR A 28-UNIT MULTI-FAMILY RESIDENTIAL
DEVELOPMENT AND RESCIND USE PERMIT NO. UP1461 FOR
THE PROPERTY LOCATED AT 150 NEWPORT CENTER DRIVE
(PA2020-020)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Newport Center Anacapa Associates, LLC. (“Applicant”), with
respect to property located at 150 Newport Center Drive and legally described in Exhibit
“A,” which is attached hereto and incorporated herein by reference (“Property”).
2. The Applicant requests approval to demolish an existing 2,085-square-foot car wash,
convenience market, and gas station to accommodate the development of a four (4)-story
structure consisting of 28 condominium units and common space amenity areas over a
two (2)-level below-grade parking garage (“Project”). The following discretionary approvals
are requested:
• General Plan Amendment No. GP2020-001 – to change the Property’s land use
designation from Regional Commercial Office (CO-R) to Multiple Residential (RM) and
create a new Anomaly Location for the Property that authorizes a maximum
development density of 28 dwelling units;
• Zoning Code Amendment No. CA2020-008 – to change the site’s zoning classification
from Office Regional (OR) to Planned Community (PC) District;
• Planned Community Development Plan No. PC2020-001 - to establish land uses and
development standards for the Property. In order to establish a planned community
development plan, a waiver of the minimum site area of 10 acres of developed land is
necessary;
• Major Site Development Review No. SD2020-001 – to allow for the development of a
four (4)-story structure containing 28 luxury condominium units and common space
areas over a two (2)-level below-grade parking garage;
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• Tentative Tract Map No. NT2020-001 – to establish a 28-unit residential condominium
subdivision map on the 1.26-acre Property that would allow each unit to be sold
individually;
• Development Agreement No. DA2020-001 – to provide the Applicant with the vested
right to develop the Project subject to the rules and regulations in effect at the time of
Project approval and to provide the City with assurance that certain obligations of the
Applicant will be met, including public benefit fees;
• Environmental Impact Report No. ER2021-002 (EIR) - to disclose reasonably
foreseeable environmental impacts resulting from the legislative and project specific
discretionary approvals, the City has determined that an Initial Study and Environmental
Impact Report are warranted for this project pursuant to California Public Resources
Code Section 23000 et seq. (“CEQA”), Title 14, Division 6, Chapter 3 of the California
Code of Regulations (“CEQA Guidelines”), and City Council Policy K-3; and
• Rescind Use Permit No. UP1461 – rescind use permit since the Project will replace
the operation of a car wash on-site.
3. The Property is designated Regional Commercial Office (CO-R) by the City of Newport
Beach General Plan (“General Plan”) Land Use Element and is located within the Office
Regional (OR) Zoning District.
4. The Property is not located within the coastal zone.
5. The Planning Commission held a public hearing on August 19, 2021 in the Council
Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose
of the hearing was given in accordance with California Government Code Section 54950
et seq. (“Ralph M. Brown Act”) and Chapters 15.45 (Development Agreements), 19.12
(Tentative Map Review), 20.62 (Public Hearings) of the Newport Beach Municipal Code
(“NBMC”). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. A draft Environmental Impact Report (“DEIR”) (SCH No. 2020110087) set forth Exhibit
“B,” which is attached hereto and incorporated herein by reference, has been prepared
in compliance with CEQA, CEQA Guidelines, and City Council Policy K-3.
2. The DEIR was circulated for a 45-day comment period beginning on April 29, 2021 and
ending on June 13, 2021. The DEIR, comments, and responses to the comments (“Final
EIR/FEIR”) were considered by the Planning Commission in its review of the Project.
3. On the basis of the entire environmental review record, the Project, with mitigation
measures, will have a less than significant impact upon the environment and there are
no known substantial adverse effects on human beings that would be caused.
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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”) set forth Exhibit “C,” which is attached hereto and
incorporated herein by reference, are feasible and will reduce the potential
environmental impacts to a less than significant level.
4. 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. REQUIRED FINDINGS.
General Plan and Zoning Code Amendments
1. Amendments to the General Plan and Title 20 (Planning and Zoning) are legislative acts
and neither the NBMC, including Chapter 20.56 (Planned Community Development
District Procedures) of Title 20 (Planning and Zoning) of the NBMC, nor the State of
California including Article 2 (Adoption of Regulations) of Chapter 4 (Zoning
Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of
the California Government Code set forth any required findings for either approval or
denial of amendments to the NBMC.
2. General Plan Amendment No. GP2020-001 and the resulting land use change are
compatible with the existing surrounding uses and planned land uses identified by the
General Plan, because the Project would introduce additional residential land uses in
Newport Center which includes a diverse mix of land uses. Additionally, even with the
conversion from CO-R to RM, the building will be compatible with adjacent commercial
properties in terms of bulk, scale, setbacks, architectural style, and pedestrian
connectivity. Additional residential development would support commercial properties
within Newport Center such as Fashion Island.
3. General Plan Amendment No. GP2020-001 from CO-R to RM does not eliminate
existing or future land uses to the overall detriment of the community given the site’s
size, location, and surrounding uses. Maintaining the Property’s CO-R land use
designation would require redevelopment or major improvements to the Property to
accommodate other commercial uses.
4. General Plan Amendment No. GP2020-001 and the resulting land use change are
consistent with applicable land use policies of the General Plan. In-keeping with General
Plan Policy LU 6.14 (Newport Center), the Property is located in an area of Newport
Center where multi-family uses are encouraged to produce opportunities to live close to
jobs, commerce, entertainment, and recreation. Consistent with General Plan Policy LU
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3.3 (Opportunities for Change), the project would provide opportunities for improved
development and enhanced environments for residences in the Fashion Island/Newport
Center area and add 28 condominium units in proximity to jobs, and services. Further,
the project would not increase the amount of office uses in the area.
5. The size, density and character of the proposed dwelling units complement the existing
land uses in the project area and include design elements consistent with Land Use
Element Policy 5.1.9 (Character and Quality of Multi-Family Residential) that require
multi-family dwellings to be designed to convey a high-quality architectural character.
Consistent with General Plan Policy LU 6.2.1 (Residential Supply), the provision of 28
dwelling units on the site would accommodate Newport Beach population needs
identified in the General Plan Housing Element and accommodate market demand for
residential uses.
6. The Property is located in an area of the City that has sufficient utilities systems to serve
the Project.
7. Council Policy A-18 requires that proposed General Plan amendments be reviewed to
determine if a vote of the electorate would be required pursuant to Section 423 of the
City Charter (known as “Greenlight”). If a General Plan Amendment (separately or
cumulatively with other GPAs within the previous 10 years) generates more than 100
peak hour trips (a.m. or p.m.), adds 40,000 square feet of non-residential floor area, or
adds more than 100 dwelling units in a statistical area, a vote of the electorate would be
required if the City Council approves the GPA.
8. The Project is the third General Plan Amendment in Statistical Area L1 within the last
10 years, including the approved Newport Beach Country Club Clubhouse (PA2008-
152) and Vivante Senior Housing (PA2018-185) projects. The proposed amendment
results in 28 additional dwelling units and there is no change in the square footage of
non-residential floor area. The 28 additional dwelling units result in a net increase of 3.3
a.m. peak hour trips and 2.3 p.m. peak hour trips based on the commercial blended trip
rate (for existing uses) and High-Rise Residential Condominium/Townhouse trip rate for
the proposed use, as provided in Council Policy A-18. Therefore, the Project individually
does not exceed the Greenlight thresholds. Furthermore, including 80 percent of prior
General Plan amendments from the last 10 years with the proposed project (i.e.
cumulative analysis), results in a total increase of 16,800 square feet of nonresidential
floor area, 25 a.m. peak hour trips, 44 p.m. peak hour trips, and 100 residential dwelling
units for Statistical Area L1. As none of the thresholds specified by Charter Section 423
are exceeded, no vote of the electorate is required if the City Council chooses to approve
General Plan Amendment No. GP2020-001.
9. The proposed PC-57 (Residences at Newport Center Planned Community) District
meets the intent and purpose for a PC as specified in NBMC Section 20.56.010 (Planned
Community District Procedures, Purpose) given its location in the Newport Center area
which includes a mixture of shopping, hotels, commercial support uses, professional
offices, and residential developments that cumulatively contain the ingredients of a
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planned community. The proposed PC District adds to this diversity assisting the City in
larger scale community planning.
10. The proposed PC-57 (Residences at Newport Center Planned Community) Zoning
District would establish appropriate site and project specific setbacks, density, and
height limits to the Property given the site’s urban location. All required parking is
provided on-site. The site is fully developed and does not support any natural resources
and all potential environmental impacts associated with the project are appropriately
addressed through standard building permit procedures, conditions of approval, and the
mitigation measures identified in the Environmental Impact Report and contained in the
Mitigation Monitoring and Reporting Program.
11. The future development of the Property affected by the proposed amendments will be
consistent with the goals and policies of the Land Use Element of the General Plan; and
will be consistent with the purpose and intent of the proposed Residences at Newport
Center Planned Community (PC) Zoning District of the NBMC.
12. A voluntary development agreement has been requested by the Applicant as the Project
would add new residential dwelling units within Statistical Area L1 (Newport Center).
The Development Agreement includes all the mandatory elements for consideration and
public benefits that are appropriate to support conveying the vested development rights
consistent with the General Plan, NBMC, and Government Code Section 65864 et seq.
Site Development Review
A site development review is required for the construction of five (5) or more residential units
processed in conjunction with a tentative tract map. The site development review analyzes the
project as a whole for compatibility with the site and surrounding land uses. In accordance with
Section 20.52.080(F) (Site Development Review) of the NBMC, the following findings and facts
in support of a site development review are set forth:
Finding:
A. Allowed within the subject Zoning district;
Fact in Support of Finding:
1. The proposed Site Development Review for a 28-unit condominium project is consistent
with the proposed Planned Community Development Plan that allows 28 residential
units.
Finding:
B. In compliance with all of the applicable criteria in [NBMC Subsection
20.52.080(C)(2)(c)]:
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i. Compliance with this Section, the General Plan, this Zoning Code, any applicable
specific plan, and other applicable criteria and policies related to the use or
structure;
ii. The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent development;
and whether the relationship is based on standards of good design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on
the site and adjacent developments and public areas;
iv. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces;
v. The adequacy and efficiency of landscaping and open space areas and the use
of water efficient plant and irrigation materials; and
vi. The protection of significant views from public right(s)-of-way and compliance
with [NBMC] Section 20.30.100 (Public View Protections); and
Facts in Support of Finding:
1. Refer to Facts 1 through 12 under General Plan and Zoning Code Amendments, above
that discuss the Project’s consistency with the proposed Multiple-Unit Residential (RM)
General Plan land use designation and the PC-57 (Residences at Newport Center
Planned Community Development Plan) Zoning District.
2. The building’s material palate consists of neutral stone and glass building façade
compatible with the surrounding development in Newport Center. The design will
complement, enhance, and be compatible with the adjacent retail and office properties.
The exterior will be comprised predominantly of stone base, stone cladding, metal
finishes and glass. Massing offsets, variations of roof line, varied textures, recesses,
articulation, and design accents on the elevation are integrated to enhance the
expression of a contemporary architectural style.
3. The 28-dwelling-unit Project has been designed as a four (4)-story building structure
with two (2) enclaves that provide for effective private open space, light, and air for each
unit. The Project is integrated as a unified development through the use of similar
architectural style and design elements, on-site parking, and adequate vehicular and
pedestrian circulation with adjacent properties.
4. The proposed setbacks along each street frontage are appropriate to support pedestrian
connectivity within Newport Center and reduce the appearance of bulk. All entry level
residential units are oriented toward adjacent streets to maximize the pedestrian
relationship of the development to the surrounding Newport Center area. The street
setbacks are consistent with surrounding zoning districts and afford a greater interface
with the adjacent rights-of-way to ensure compatibility with the pedestrian environment.
5. The proposed patios along Newport Center Drive have been set back from the property
line and create visual interest and modulation of form for pedestrians and motorists
along Anacapa Drive. The patio walls include solid and glass elements to reduce the
appearance of bulk, and the series of small retaining planter walls create a gradation of
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height from the sidewalk up to the residential units. Private terraces are provided on the
upper floors, in varying locations to create visual interest and provide additional building
articulation through the use of functional outdoor areas.
6. The height, bulk, and scale of the residential building are comparable to height limits on
surrounding properties and existing building heights in the southern half of Newport
Center. The building is designed to provide variation and modulation between the two
main buildings for visual interest and relief. The front façades include both vertical and
horizontal off-sets and utilize a variation of building materials to provide enhanced visual
relief. The massing of the Project is broken up into two (2) distinct mid-rise structures,
breaking up building massing.
7. Mechanical equipment for the residential units has been located within the parking
garage as well as enclosures at the roof level to reduce noise impacts and minimize
aesthetic impacts. The rooftop equipment, stairways, and elevator overrun are located
in the center of the roof to reduce the appearance of bulk and height.
8. The Project has been designed to avoid conflicts among uses, such as noise, vibration,
lighting, odors, and similar impacts. The podium wall provides a buffer between the
proposed residential units and the adjacent commercial development to the south and
west of the Property and is designed to maintain privacy and protection for the residential
tenants.
9. Walkways and egress are sufficient throughout the site as reviewed by the Building
Division and the City Traffic Engineer. Existing pedestrian easements will be maintained
at an appropriate width along the southern property line and along Anacapa Drive to
ensure adequate access across the site.
10. Pursuant to Title 20 (Planning and Zoning) of the NBMC, the Project provides the
required 56 parking spaces for the residences, 14 residential guest or employee parking
spaces, and 12 surplus spaces. All of the parking is provided on-site within the
assigned/private residential two (2)-car garages and open guest parking stalls.
11. On-site circulation, project access, and parking areas are designed to provide standard-
sized parking spaces, minimum 26-foot-wide (two [2]-way) driveways, and the minimum
vehicle turning radius to provide adequate access for residents and guests (including
accessible parking stalls), emergency vehicles, delivery trucks, and refuse collections
vehicles, as determined by the City Traffic Engineer.
12. The Project does not change any street parking configurations, as there is no street
parking provided on Anacapa Drive or Newport Center Drive adjacent to the site. The
recently constructed bike lane on Anacapa Drive would not be impacted as part of the
Project. The site design provides two (2) new curb cuts with guest ingress and egress
access from Anacapa Drive. The Project utilizes an existing driveway at the south of the
Property for primary resident access. The Project provides adequate sight distance at
each driveway, as determined by the City Traffic Engineer.
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13. Substantial landscaping is provided throughout the site in areas that are not utilized by
the residential units or areas for parking circulation. All setback areas are landscaped.
A variation of ornamental groundcover, vines, shrubs, and trees are utilized to help
soften and buffer the massing of the condominium units and podium at ground level. In
particular, landscaping buffers have been provided along the western property line to
screen the pool area for the residents and soften the appearance of the podium wall
from the Gateway Plaza parking lot.
14. New street trees are proposed along Anacapa Drive and will be subject to the review of
the Municipal Operations Division.
15. The Project is subject to the City’s Water-Efficient Landscape requirements (NBMC
Chapter 14.17) and compliance will be confirmed at plan check prior to the issuance of
building permits.
16. The proposed residential development provides a series of common outdoor living areas
that include a private dog run, entry court, and pool area. The units include terraces and
patios for private outdoor space.
17. In the viewshed of the Pacific Ocean as seen from Civic Center Park, the Property is
partially visible. However, the Project is mostly blocked from view by intervening
structures. The Project would appear lower in profile than the horizon ocean view. As
analyzed in the Draft EIR, implementation of the Project would have a less than
significant impact on scenic ocean views.
18. The Project is not visible from the General Plan designated Coastal View Roads
including MacArthur Boulevard or Avocado Avenue, where the public is afforded views
of the Pacific Ocean. Additionally, the Project would not be visible from the segment of
Newport Center Drive that is designated a Coastal View Road, as views are towards the
ocean in the opposite direction of the Property.
Finding:
C. The proposed development is not detrimental to the harmonious and orderly growth of
the City, or endanger jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of persons residing or working
in the neighborhood of the proposed development.
Facts in Support of Finding:
1. The Project has been designed to ensure that potential conflicts with surrounding land
uses are minimized to the extent possible to maintain a healthy environment for both
businesses and residents by providing an architecturally pleasing project with
articulation and building modulations to enhance the urban environment consistent with
development in Newport Center.
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2. Emergency vehicles would stage along Anacapa Drive. The staging area will be marked
for exclusive use by the Fire Department.
3. The proposed building has been designed to accommodate and provide access for
delivery trucks, moving trucks, and refuse collections vehicles, as determined by the
City Traffic Engineer. Delivery trucks will primarily utilize the guest entry off of Anacapa
Drive, while refuse collections vehicles will load trash via a scout truck along the south
driveway. The trash collectors may also roll out the trash containers in lieu of a scout
truck. Larger deliveries or moving vans may utilize the on-site loading area near the
parking garage entry. The Project includes the provision of freight elevators to ensure
that residents can safely move in and staff can adequately service the building.
4. The size, design, location, and screening of the refuse enclosures will comply with the
requirements of NBMC Section 20.30.120 (Solid Waste & Recyclable Materials
Storage), ensuring compatibility with the on-site and adjacent uses.
5. The Project is forecasted to generate a maximum of 152 average daily trips, using the
Multifamily Housing (Mid-Rise) (3-10 floors) ITE land use (ITE 221). The existing use
generates 819 average daily trips and the proposed development results in a reduction
of average daily traffic trips pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of
the NBMC (“TPO”) methodology. Therefore, a traffic study pursuant to the TPO is not
required.
6. The Project is subject to the City’s Outdoor Lighting requirements contained within
NBMC Section 20.30.070. A preliminary photometric plan has been provided and a final
photometric plan will be required as a condition of approval prior to building permit
issuance.
7. Mechanical equipment for each unit is fully enclosed within the parking garage or within
the roof-top equipment screen and is not visible from the public right-of-way.
8. The new construction would comply with all Building, Public Works, Fire Codes, City
ordinances, and all conditions of approval.
Tentative Tract Map
A tentative tract map is requested to allow the proposed 28 dwelling units to be sold individually
as condominiums. In accordance with NBMC Section 19.12.070 (Required Findings for Action
on Tentative Maps), the following findings and facts in support of a tentative tract map are set
forth:
Finding:
D. 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 the
applicable provisions of the Subdivision Map Act and the City Subdivision Code.
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Facts in Support of Finding:
1. Refer to Facts 1 through 12 under General Plan and Zoning Code Amendments, above,
that discuss the Project’s consistency with the proposed Multiple-Unit Residential (RM)
General Plan land use designation.
2. The Tentative Tract Map provides a cohesive development with a pattern of dwelling
unit orientations and vehicle circulation that provides a pedestrian-friendly environment
with strong connectivity to adjacent commercial and office areas.
3. The Public Works Department has reviewed the proposed tentative map and found it
consistent with Title 19 (Subdivisions) of the NBMC and applicable requirements of the
Subdivision Map Act as set forth in California Government Code Section 66410 et seq.
4. Conditions of approval have been included to ensure compliance with Title 19
(Subdivisions) of the NBMC.
Finding:
E. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The Property has a gentle sloping condition and the building design accommodates this
slope with a podium wall at the south and west edge and larger building setbacks above
the podium. The site is not located in a flood zone. The geotechnical feasibility study
and geotechnical report will provide additional recommendations for construction of the
Project to ensure the suitability for the proposed development that will be required for
construction prior to the issuance of building permits.
2. The 1.26-acre site is large enough to accommodate 28 units while providing sufficient
landscape setbacks, open space areas, as well as vehicle access and guest parking
areas that meet applicable standards. The existing developed site is devoid of natural
resources and it is located in an area that provides adequate access to roadways and
utilities.
3. The General Plan estimates that future traffic noise exposure will be 65 dB CNEL to the
nearest residential facades on Newport Center Drive and identifies that residential uses
are normally compatible or compatible with noise insulation features included in the
design. With appropriate noise control measures under conventional construction and
design of the Project (e.g., closed windows, fresh air supply systems or air conditioning),
the interior noise levels comply with the City and State interior noise standard of 45 dB
CNEL for residential units.
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Finding:
F. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife
or their habitat. However, notwithstanding the foregoing, the decision-making body may
nevertheless approve such a subdivision if an environmental impact report was
prepared for the project and a finding was made pursuant to Section 21081 of the
California Environmental Quality Act that specific economic, social, or other
considerations make infeasible the mitigation measures or project alternatives identified
in the environmental impact report.
Facts in Support of Finding:
1. Under existing conditions, the Property and surrounding land areas are fully developed
with urban uses and do not contain sensitive biological resources. The vegetation that
occurs on-site is ornamental in nature, including trees and ornamental shrubs,
groundcover, and vines growing on the existing building’s facades and screen walls. A
Mitigation Measure is provided in the MMRP to ensure adequate protection of nesting
birds during the construction process.
2. No drainages traverse the property and no potential jurisdictional waters or wetlands
areas are present on or immediately adjacent to the Property.
3. An environmental impact report (SCH No. 2020110087) was prepared for the Project.
On the basis of the entire environmental review record, the Project will have a less than
significant impact upon the environment with the incorporation of mitigation measures
for biological resources, cultural resources, geology and soils, and tribal cultural
resources. The mitigation measures identified in the DEIR are feasible and reduce
potential environmental impacts to a less than significant level. The mitigation measures
are applicable to the project through the MMRP.
Finding:
G. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Facts in Support of Finding:
1. At full build-out, air quality and Green House Gas (“GHG”) emissions associated with
construction of the Project will be less than significant, as documented in the DEIR.
2. Mitigation measures identified in the DEIR reduce potential impacts associated with
biological resources, cultural resources, geology and soils, and tribal cultural resources
to a level that is less than significant.
3. No evidence is known to exist that would indicate that the planned subdivision pattern
will generate any serious public health problems.
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4. All construction for the Project complies with Building, Public Works, and Fire Codes.
Public improvements will be required of the developer per NBMC Section 19.28.010 and
Sections 66410 et seq. of the Subdivision Map Act. All ordinances of the City and all
conditions of approval will be complied with.
Finding:
H. 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 ones 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:
1. Public improvements, consisting of the reconstruction of the curb, gutter, and sidewalks,
two (2) new driveways along the Anacapa Drive frontage, and street trees along
Anacapa Drive will be required of the applicant per Title 19 (Subdivisions) and the
Subdivision Map Act. A common sewer and water connection will be provided for the
Project as approved by the Public Works Department that will connect to an existing
main in Anacapa Drive.
2. The tract map will reduce the width of the existing 18-foot-wide private walkway
easement at the south edge of the site to 10 feet in width to accommodate the location
of new structures as part of the development. Pedestrian access would continue to be
provided via a sidewalk along the front of the parking structure within the private
easement. 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.
3. The tract map will maintain the existing 3-foot-wide public sidewalk easement at the east
edge of the site along Anacapa Drive. An encroachment permit and agreement shall be
required for the proposed low stone signage wall located within the sidewalk easement.
The Project includes the reconstruction of the existing 6-foot-wide sidewalk.
Finding:
I. 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
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result in residential development incidental to the commercial agricultural use of the
land.
Fact in Support of Finding:
1. The Property does not contain prime farmland, unique farmland, or farmland of
statewide importance and no portion of the Property is covered by a Williamson Act
contract.
Finding:
J. 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.
Fact in Support of Finding:
1. California Business and Professions Code Section 11000.5 has been repealed by the
Legislature. However, this Property is not considered a “land project” as previously
defined in Section 11000.5 of the California Business and Professions Code because
the Property does not contain 50 or more parcels of land nor is it located within the
boundaries of a specific plan.
Finding:
K. 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.
Fact in Support of Finding:
1. Tentative Tract Map No. NT2020-001 and improvements are subject to Title 24 of the
California Code of Regulations, referred to as the California Building Code or CBC,
which requires new construction to meet minimum heating and cooling efficiency
standards depending on location and climate. The Newport Beach Community
Development Department ensures compliance with the CBC through the plan check and
inspection process.
Finding:
L. 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.
Planning Commission Resolution No. PC2021-024
Page 14 of 32
01-25-19
Fact in Support of Finding:
1. The Property is improved with commercial uses, and there are no residential units on
the Property. The Project includes the construction of 28 new condominium units to
contribute to the City’s population needs, and 28 units above what is planned for within
the General Plan. The Applicant will be responsible for the payment of appropriate fair
share traffic fees, San Joaquin Transportation Corridor fees, in-lieu park fees, and
development agreement fees for the construction of these new dwelling units as
conditions of approval.
Finding:
M. 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.
Facts in Support of Finding:
1. A National Pollutant Discharge Elimination System (“NPDES”) permit is required from
the Regional Water Quality Control Board (“RWQCB”) for the proposed construction
activities. A permit is required for all construction activities that include clearing, grading,
and/or excavation that disturb at least 1 acre of total land area. Additionally, a
Preliminary Water Quality Management Plan (“WQMP”) has been prepared, pursuant to
the requirements of the NPDES permit.
2. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality
Control Program involves the preparation and implementation of a stormwater pollution
prevention plan (“SWPPP”) for construction-related activities, which would specify the
Best Management Practices (“BMP”) that the Project would be required to implement
during construction activities to ensure that all potential pollutants of concern (including
sediment) are prevented, minimized, and/or otherwise appropriately treated prior to
being discharged from the Property.
3. Sewer connections will be installed per City Standards, the applicable provisions of
NBMC Chapter 14.24 (Sewer Connection, Permits), and the latest revision of the
Uniform Plumbing Code.
4. There is adequate sewer system capacity to serve the requirements of the Project. The
Project is able to tie into the existing sewer system without adversely affecting the
system, causing any water quality affects, or violating existing requirements prescribed
by the Regional Water Quality Control Board. Wastewater from the Project will be
generated by the residential users. There will be a reduction in wastewater from the site
with the demolition of the existing car wash and construction of the proposed dwelling
units.
5. NBMC Section 14.24.020 (Dwelling Unit and Business Structure Sewer Connection
Required) requires each dwelling unit to maintain individual water meter and sewer
Planning Commission Resolution No. PC2021-024
Page 15 of 32
01-25-19
connections. The Project has received a waiver of this requirement from the Utilities
Director since the units are located in one (1) building and will together connect to the
existing water and sewer systems.
Finding:
N. 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.
Fact in Support of Finding:
1. The Property is not located within the Coastal Zone.
Rescission
Rescission of Use Permit No. UP1461 is requested for the existing car wash on site. In
accordance with NBMC Section 20.68.050 (Review Authority’s Action), the following finding
and fact in support of the revocation are set forth:
Finding:
O. The permit or approval was issued in error or circumstances under which the permit or
approval was granted have been modified to an extent that one or more of the findings
that justified the original approval can no longer be made and the public health, safety,
and welfare require the revocation or modifications.
Fact in Support of Finding:
1. The entitlements authorized by this resolution would create a change in circumstances
(General Plan amendment to RM) under which the site will no longer be improved with
the infrastructure to accommodate a car wash use as authorized under Use Permit No.
UP1461.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby recommends the following
to the City Council:
a. Certify the Environmental Impact Report No. ER2021-002 (SCH No. 20200110087)
and Mitigation Monitoring and Reporting Program attached as Exhibits “B” and “C”;
b. Approve General Plan Amendment No. GP2020-001 attached as Exhibit “D”;
c. Zoning Code Amendment No. CA2020-008 attached as Exhibit “E”;
Planning Commission Resolution No. PC2021-024
Page 16 of 32
d. Planned Community Development Plan No. PC2020-001 attached as Exhibit "F";
e. Development Agreement No. DA2020-001 attached as Exhibit "G";
f. Tentative Tract Map No. NT2020-001 subject to the conditions of approval attached in
Exhibit "I" and map depicted in Exhibit "H";
g. Major Site Development Review No. SD2020-001 with conditions of approval attached
as Exhibit "I"; and
2. Rescind Use Permit No. 1461, which upon vesting of the rights authorized by this
approval, shall become null and void. Upon vesting of the rights authorized by above
approvals, all prior existing use permits Use Permit No. 1461 shall become null and void .
PASSED, APPROVED, AND ADOPTED THIS 19TH DAY OF AUGUST, 2021.
AYES: Ellmore, Klaustermeier, Kleiman , Koetting , Lowrey, Rosene, and Weigand
NOES:
ABSTAIN:
ABSENT:
Curtis Ellmore, Secretary
Attachment(s):
01-25-19
Exhibit A-Legal Description
Exhibit B -Environmental Impact Report EIR SCH No. 2020110087
Exhibit C -Mitigation Monitoring Report Program
Exhibit D -General Plan Land Use Map Amendment
Exhibit E -Zoning Map Amendment
Exhibit F -PC-57 Residences at Newport Center Planned Community
Development Plan
Exhibit G -Development Agreement
Exhibit H -Tentative Tract Map
Exhibit I -Conditions of Approval
Planning Commission Resolution No. PC2021-024
Page 17 of 32
01-25-19
Exhibit “A”
Legal Description
The property is legally described as Parcel 1 of Parcel Map No. 29-34 (Resubdivision No. 282)
being a portion of Block 93 of Irvine’s subdivision as per map recorded in Book 1, Page 88 of
Miscellaneous Record Maps, records of Orange County, California
Planning Commission Resolution No. PC2021-024
Page 18 of 32
01-25-19
Exhibit “B”
Environmental Impact Report
EIR SCH No. 2020110087
• Notice of Preparation
• Initial Study
• Environmental Analysis
• Alternatives Analysis
• Appendices
• Responses to Comments
• Errata
(Available separately due to bulk)
http://www.newportbeachca.gov/CEQA
Planning Commission Resolution No. PC2021-024
Page 19 of 32
01-25-19
Exhibit “C”
Mitigation Monitoring Report Program
Residences at Newport Center
Environmental Impact Report Mitigation Monitoring and Reporting Program
Lead Agency: City of Newport Beach SCH No. 2020110087
Page 1
Mitigation Monitoring and Reporting Program
Potential Environmental Impact Mitigation Measures (MM) Applicable to
the Project
Implementation
Stage
Responsible
/Monitoring Party
Significance
Determination
4.3 Biological Resources
Threshold a): The Project would not
result in impacts to sensitive natural
plant communities, special-status
plants, or special-status animals.
However, the Project has the
potential to impact nesting birds if
habitat is removed during the nesting
season (February 1 through August
31), which is considered a significant
impact. Impacts to nesting birds are
prohibited by the MBTA and CFGC.
Therefore, migratory bird species
protected by the MBTA could be
impacted by the Project if active
nests are present on the site at the
time that nesting habitat (exterior
structures, trees and shrubs) are
removed.
MM 4.3-1 As a condition of
demolition permits, tree removal permits,
clearing permits, and any other permits that
would authorize the disturbance to and
removal of potential bird nesting habitat
shall be prohibited during the migratory bird
nesting season (February 1 through August
31) unless a migratory bird nesting survey is
completed. If demolition and/or vegetation
removal is planned to occur during the
migratory bird nesting season (February 1 –
August 31), then a migratory bird nesting
survey shall be completed in accordance
with the following requirements:
a) Within three (3) days prior to
initiating demolition, tree removals and/or
vegetation clearing, a nesting bird survey
shall be conducted by a qualified biologist
within the suitable habitat to be removed and
within a 250-foot radius.
b) If the survey reveals no active
nesting, the proposed action may proceed.
c) If the survey identifies the presence
of active sensitive bird nests, then the nests
Prior to demolition
permits, tree removal
permits, clearing
permits, or any
permit that would
authorize removal of
nesting bird habitat
(applies February 1
through August 31)
Project Applicant,
Qualified biologist,
City of Newport
Beach
Less than Significant
Impact with Mitigation
Incorporated.
Residences at Newport Center
Environmental Impact Report Mitigation Monitoring and Reporting Program
Lead Agency: City of Newport Beach SCH No. 2020110087
Page 2
Potential Environmental Impact Mitigation Measures (MM) Applicable to
the Project
Implementation
Stage
Responsible
/Monitoring Party
Significance
Determination
shall not be disturbed unless the qualified
biologist verifies through non-invasive
methods that either (i) the adult birds have
not begun egg-laying and incubation; or (ii)
the juveniles from the occupied nests are
capable of independent survival.
d) If the biologist is not able to verify
any of the conditions from sub-item “b,”
above, then no disturbance shall occur within
a buffer zone specified by the qualified
biologist for each nest or nesting site. The
buffer zone shall be species-appropriate (no
less than 100-foot radius around the nest for
non-raptors and no more than a 500-foot
radius around the nest for raptors, or as
otherwise determined by the qualified
biologist) and shall be sufficient to protect
the nest from direct and indirect impacts
from construction activities. The nests and
buffer zones shall be field checked
approximately weekly by a qualified
biological monitor. The approved buffer
zone shall be marked in the field with
construction fencing, within which no
vegetation clearing or ground disturbance
shall commence until the qualified biologist
with City concurrence verify that the nests
are no longer occupied and/or juvenile birds
can survive independently from the nests.
Residences at Newport Center
Environmental Impact Report Mitigation Monitoring and Reporting Program
Lead Agency: City of Newport Beach SCH No. 2020110087
Page 3
Potential Environmental Impact Mitigation Measures (MM) Applicable to
the Project
Implementation
Stage
Responsible
/Monitoring Party
Significance
Determination
4.4 Cultural Resources MM 4.4-1
Threshold b): Due to the depth of the
excavation required for the proposed
subterranean parking structure, there
is a potential that previously
unearthed archeological resources
may be encountered where
excavation depths exceed the depth
of disturbance associated with
previous construction activities not
associated with the proposed Project.
If archaeological resources are
unearthed during the Project’s
excavation activities that meet the
CEQA Guidelines § 15064.5
definition of significant resources,
and they are not property identified
and treated, a potentially significant
impact could occur.
MM 4.4-1 Prior to the issuance of a
grading permit or any other permit that
authorizes disturbance of native soil, the
Developer/Applicant shall a retain a
professional archaeologist who meets the
U.S. Secretary of the Interior Standards
(SOI), to conduct monitoring. The Project
Archaeologist shall have the authority to
temporarily redirect earthmoving activities
in the event that suspected archaeological or
tribal cultural resources are unearthed during
Project construction. The Project
Archaeologist, with participation from
Consulting Native American Tribe(s)
including the Gabrieleño Band of Mission
Indians – Kizh Nation, and the Juaneno Band
of Mission Indians – Acjachemen Nation -
Belardes, the contractor, and the City of
Newport Beach, shall develop an
Archeological Monitoring Plan to address
the details, timing and responsibility of all
archaeological and tribal cultural monitoring
and mitigation activities that will occur on
the Project site. A consulting tribe is defined
as a tribe that initiated the AB52 tribal
consultation process for the Project, has not
opted out of the AB52 consultation process,
and has completed AB52 consultation with
the City as provided for in Cal Pub Res Code
Prior to the issuance
of the first grading
permit or permit for
ground disturbance
activities.
Project Applicant,
City of Newport
Beach, professional
archaeological
monitor, qualified
Native American
tribal monitor.
Less than Significant with
Mitigation Incorporated.
Residences at Newport Center
Environmental Impact Report Mitigation Monitoring and Reporting Program
Lead Agency: City of Newport Beach SCH No. 2020110087
Page 4
Potential Environmental Impact Mitigation Measures (MM) Applicable to
the Project
Implementation
Stage
Responsible
/Monitoring Party
Significance
Determination
Section 21080.3.2(b)(1) of AB52. The
Developer/Applicant is responsible for
securing any required monitoring
agreements with the Tribes. Details in the
Plan shall include:
a) Project grading and development
scheduling;
b) The development of a rotating
schedule in coordination with the Developer
and the Project Archeologist for designated
Native American Tribal Monitors from the
consulting tribes during grading, excavation
and ground disturbing activities on the site:
including the scheduling, safety
requirements, duties, scope of work;
c) The Project archaeologist and the
Consulting Tribes(s) that choose to
participate shall attend a pre-grading
meeting with the City, the construction
manager and any subcontractors and will
conduct a mandatory Cultural Resources
Worker Sensitivity Training to those in
attendance. The Training will include a brief
review of the cultural sensitivity of the
Project site and the surrounding area; what
resources could potentially be identified
during earthmoving activities; the
Residences at Newport Center
Environmental Impact Report Mitigation Monitoring and Reporting Program
Lead Agency: City of Newport Beach SCH No. 2020110087
Page 5
Potential Environmental Impact Mitigation Measures (MM) Applicable to
the Project
Implementation
Stage
Responsible
/Monitoring Party
Significance
Determination
requirements of the monitoring program; the
protocols that apply in the event inadvertent
discoveries of cultural resources are
identified, including who to contact and
appropriate avoidance measures until the
find(s) can be properly evaluated; and any
other appropriate protocols. All new
construction personnel that will conduct
disturbance activities in native soil and that
begin work on the Project following the
initial Training must take the Cultural
Sensitivity Training prior to beginning work
and the Project archaeologist and Consulting
Tribe(s) that choose to participate shall make
themselves available to provide the training
on an as-needed basis;
d) If the Project Archaeologist or the
Tribal Monitor suspect a resource has been
discovered, they shall immediately cause soil
disturbing operations to stop in a 50-foot
radius around the find to allow identification
and evaluation of the suspected resource. In
consultation with the Native American
Monitor, the Project Archaeologist shall
evaluate the suspected resource and make a
determination of significance pursuant to
California Public Resources Code Section
21083.2. If a significant resource is
discovered, a qualified person meeting the
Residences at Newport Center
Environmental Impact Report Mitigation Monitoring and Reporting Program
Lead Agency: City of Newport Beach SCH No. 2020110087
Page 6
Potential Environmental Impact Mitigation Measures (MM) Applicable to
the Project
Implementation
Stage
Responsible
/Monitoring Party
Significance
Determination
Secretary of the Interior's standards (36 CFR
61), Tribal Representatives and Monitors
and the City of Newport Beach shall be
consulted to determine appropriate measures
to avoid or mitigate negative effects on the
resource. Measures need to be tailored to the
resource and circumstances of the find, so
cannot be determined in advance.
Determinations and recommendations by the
qualified person meeting the Secretary of the
Interior's standards (36 CFR 61) shall be
submitted to the City for consideration, and
implemented as deemed appropriate by the
City in consultation with the State Historic
Preservation Officer (SHPO) and any and all
Consulting Native American Tribes as
defined in MM 4.4-1 before any further work
commences in the affected area.
MM 4.4-2 In the event that significant
Native American cultural resources are
discovered, the following procedures shall
be carried out for final disposition of the
discoveries:
a) One or more of the following
treatment methods shall occur. Evidence of
such shall be provided to the City of Newport
Beach.
Residences at Newport Center
Environmental Impact Report Mitigation Monitoring and Reporting Program
Lead Agency: City of Newport Beach SCH No. 2020110087
Page 7
Potential Environmental Impact Mitigation Measures (MM) Applicable to
the Project
Implementation
Stage
Responsible
/Monitoring Party
Significance
Determination
i. Preservation-In-Place of the
cultural resources, if feasible.
Preservation in place means
avoiding the resources, leaving
them in the place they were
found with no development
affecting the integrity of the
resources.
ii. Onsite reburial of the
discovered items as detailed in
the treatment plan. This shall
include measures and
provisions to protect the future
reburial area from any future
impacts in perpetuity. Reburial
shall not occur until all legally
required cataloging and basic
recordation have been
completed. No recordation of
sacred items is permitted
without the written consent of
all Consulting Native American
Tribal Governments as defined
in MM 4.4-1. The location for
the future reburial area shall be
identified on a confidential
exhibit on file with the City, and
concurred to by the Consulting
Native American Tribal
Residences at Newport Center
Environmental Impact Report Mitigation Monitoring and Reporting Program
Lead Agency: City of Newport Beach SCH No. 2020110087
Page 8
Potential Environmental Impact Mitigation Measures (MM) Applicable to
the Project
Implementation
Stage
Responsible
/Monitoring Party
Significance
Determination
Governments prior to the
issuance of a grading permit.
MM 4.4-3 The Developer or
contractor shall provide a minimum of 30
days advance notice to the City and
Consulting Tribes of all earthwork activities
in native soil.
MM 4.4-4 The City shall verify that
the following note is included on the Grading
Plan:
“If any suspected archaeological or
tribal cultural resources are discovered
during ground-disturbing activities and
the Project Archaeologist or Native
American Tribal Representatives are not
present, the construction supervisor is
obligated to halt work in a 50-foot radius
around the find and call the Project
Archaeologist and the Tribal
Representatives to the site to assess the
significance of the find.
MM 4.4-5 If Native American human
remains and/or grave goods are discovered
during Project construction, then all
construction activities shall immediately
cease. Native American “human remains”
Residences at Newport Center
Environmental Impact Report Mitigation Monitoring and Reporting Program
Lead Agency: City of Newport Beach SCH No. 2020110087
Page 9
Potential Environmental Impact Mitigation Measures (MM) Applicable to
the Project
Implementation
Stage
Responsible
/Monitoring Party
Significance
Determination
are defined to include “an inhumation or
cremation, and in any state of decomposition
or skeletal completeness.” (Pub. Res. Code §
5097.98 (d)(1).) Funerary objects, referred to
as “associated grave goods,” shall be treated
in the same manner and with the same
dignity and respect as human remains. (Pub.
Res. Code § 5097.98 (a), d)(1) and (2). Any
discoveries of human skeletal material or
human remains shall be immediately
reported to the County Coroner (Health &
Safety Code § 7050.5(c); 14 Cal. Code Regs.
§ 15064.5(e)(1)(B)), and all ground-
disturbing project ground-disturbing
activities on site and in any other area where
the presence of human remains and/or grave
goods are suspected to be present, shall
immediately halt and remain halted until the
coroner has determined the nature of the
remains. (14 Cal. Code Regs. § 15064.5(e).)
If the coroner recognizes the human remains
to be those of a Native American or has
reason to believe they are Native American,
he or she shall contact, within 24 hours, the
Native American Heritage Commission, and
Public Resources Code Section 5097.98
shall be followed.
4.5 Geology and Soils
Threshold c): During excavation and
construction of the proposed
MM 4.5-1 Slopes created during
subsurface excavations associated with the
Prior to the issuance
of a grading permit;
Project Applicant,
City of Newport
Less than Significant with
Mitigation Incorporated.
Residences at Newport Center
Environmental Impact Report Mitigation Monitoring and Reporting Program
Lead Agency: City of Newport Beach SCH No. 2020110087
Page 10
Potential Environmental Impact Mitigation Measures (MM) Applicable to
the Project
Implementation
Stage
Responsible
/Monitoring Party
Significance
Determination
Project’s subterranean parking
structure, there is a potential for
impacts associated with soils that
may unstable, or that would become
unstable as a result of the
construction of the proposed Project,
if water seepage occurs that may
result in sloughing, slumping or
other instability of vertical
excavations.
Project’s construction process shall be
shored in accordance with OSHA excavation
safety regulations (Title 29 Code of Federal
Regulations, Part 1926.650-652 [Subpart P])
to the satisfaction of the City of Newport
Beach Building Official. Prior to the
issuance of a grading permit, the Building
Official or his/her designee shall ensure that
the grading plan indicates the methods by
which adequate shoring will occur. The
shoring methods must ensure that the
subsurface excavation will not slough or
slump. The Construction Contractor shall
implement the shoring requirements
throughout the subsurface excavation period
and allow inspection of the shoring method
by the City of Newport Beach.
during subsurface
excavations
associated with the
Project’s
construction process.
Beach Building
Official, Construction
Contractor(s)
MM 4.5-2 Expansive soils shall not be
present as fill material below the building
slab and footings. During the property’s site
preparation and grading phases, expansive
soils shall be mixed with other soil material
to provide a uniform blend of material,
compacted to a minimum of 90 percent
relevant compaction, to the satisfaction of
the City of Newport Beach Building Official.
Prior to the issuance of a grading permit, the
Building Official or his/her designee shall
ensure that the grading plan indicates a
Prior to the issuance
of a grading permit;
ongoing during the
property’s site
preparation and
grading phases.
Project Applicant,
City of Newport
Beach Building
Official, Construction
Contractor(s)
Residences at Newport Center
Environmental Impact Report Mitigation Monitoring and Reporting Program
Lead Agency: City of Newport Beach SCH No. 2020110087
Page 11
Potential Environmental Impact Mitigation Measures (MM) Applicable to
the Project
Implementation
Stage
Responsible
/Monitoring Party
Significance
Determination
subsurface soil content that is non-expansive
and compacted to at least 90 percent. The
Construction Contractor shall implement the
requirements throughout the site preparation
and grading process and allow inspection of
grading by the City of Newport Beach.
.
Threshold d): The expansion
potential of onsite soils is anticipated
to generally range from "Very Low"
to "Medium" within the terrace and
existing fill materials. Soils with
"High" expansion are likely to be
encountered in the
siltstone/claystone of the Monterey
Bedrock. The potential for expansive
soils to be encountered at the Project
site represents a potentially
significant impact, because the
presence of expansive soil could lead
to structural instability if the soils are
not properly treated during the
construction process.
MM 4.5-1 and MM 4.5-2 shall apply. Less than Significant with
Mitigation Incorporated.
Threshold f): Due to the depth of the
excavation required for the proposed
subterranean parking structure, there
is a potential that previously
unearthed paleontological resources
may be encountered where
excavation depths exceed the depth
MM 4.5-3 Prior to the issuance of
grading permits, the Director of Community
Development shall ensure that following
provision is included on the grading plan(s),
and the construction contractor(s) shall be
required to comply with the provision.
Prior to the issuance
of grading permits
Project Applicant,
City of Newport
Beach Community
Development
Department, qualified
paleontologist.
Less than Significant with
Mitigation Incorporated.
Residences at Newport Center
Environmental Impact Report Mitigation Monitoring and Reporting Program
Lead Agency: City of Newport Beach SCH No. 2020110087
Page 12
Potential Environmental Impact Mitigation Measures (MM) Applicable to
the Project
Implementation
Stage
Responsible
/Monitoring Party
Significance
Determination
of disturbance associated with
previous construction activities. If
paleontological resources are
unearthed during the Project’s
excavation activities and they are not
properly identified and treated, a
potentially significant impact could
occur.
"If evidence of subsurface
paleontological resources is found
during construction, excavation and
other construction activity in that area
shall cease and the construction
contractor shall contact the City of
Newport Beach Community
Development Director. With direction
from the Community Development
Director, a qualified paleontologist
meeting the Secretary of the Interior
Professional Qualification for
Paleontology shall evaluate the find. If
warranted, the paleontologist shall
prepare and complete a standard
Paleontological Resources Mitigation
Program for the salvage and curation of
identified resources."
4.11 Tribal Cultural Resources
Threshold a): The Project site does
not contain any known tribal cultural
resources (TCRs). If TCRs are
unearthed during the Project’s
excavation activities, a potentially
significant impact could occur if the
resources are not properly identified
and treated.
MM 4.4-1 through MM 4.4-5 shall apply. Prior to the issuance
of the first grading
permit or permit for
ground disturbance
activities.
Project Applicant,
City of Newport
Beah, professional
archaeological
monitor, qualified
Native American
tribal monitor.
Less than Significant with
Mitigation Incorporated.
Planning Commission Resolution No. PC2021-024
Page 20 of 32
01-25-19
Exhibit “D”
General Plan Land Use Map Amendment
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PA2020-020_GP_Amendment.mxd
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FeetI
City of Newport BeachGIS DivisionJuly 21, 2021
GP2020-001(PA2020-020)General Plan Amendment 150 Newport Center Dr
Land Use Change: Regional Commercial Office (CO-R) portion of Anomaly 35 to Multiple Unit Residential (RM) and Anomaly 82
482
Planning Commission Resolution No. PC2021-024
Page 21 of 32
01-25-19
Exhibit “E”
Zoning Map Amendment
FOURTH AVE ACACIA AVECOLONY PLZMARAPATA DRRAMONADR EVITA DRSAN SIMEON DRS
ALT AIR CIR
LOCHMOORLN
ZAHMA DRSANTANELLA TER
EL PA SEO D R
CROWN DR NMALABARDRSTARBOARDWAYCROWN DR
WINDOVER DR
SAN TA RO S A DRKEWAMEE DR
EBBTIDE RD BEACHCOMBERDRPAU
M
ALN
BL
U
E WA
TE
R DR
WAVECRESTDR
BUNGALOWP
L
ELDORADO LNR
UEGRANDVALLEE
PINEVALLEYLN
BONNIE DOONE TER
SAILHOUSELN
H
A
RB
O
R P
OIN
TE
PORTSIDEWAYSANTACRUZDRSEADRIFT DR
SAN CLEMENTE DR
CHUBASCO DR SURFLINEWAYAVOCADO AVESETTING SUN DRCORPORATE PLZCIVIC CENTER DR
GOLDENROD AVEPEBBLEDR
CENTER DR
C LUBHOU S E D R ANACAPA DRALTURA DR
TAHUNA TER
SABRINA TER AVOCADO AVESEA LNS
A
NTA
MARIARD
WHITE SAILS WAYGALATEA TER
SANNICOLASDR
BAYADERE TERC
A
NYO
N
FAIR
W
AY
DR
GRANVILLEDRBIGCANYONDRHARBORVIEWDR
N EW PORTCENTERDRENEWPORTCENTERDRSANMIGUEL
D
RNEWPORTCENTERDRWSANTABARBARADR
COAST HWY E
SA
N JOA
Q
UIN HILLS RD
MACARTHURBLVDCivicCenter Park
IrvineTerracePark
Dog Park
PC 17
PC56
R-1-6000
PC56
PC 54
R-1
OS
PC 19
RM
PC 27
PC 28
PC 41
PC 47
PC27
PC 17
PC 8
PC 34
PR
PC 8
PC46
R-2
R-1
CC
OG
R-1
PC 30
PC 47
OS
R-1-6000
PC 56
OR
PC 56
OG
OR
CG
PF
PC 8
OS
PC 27
PC 40
OR
OS
PC 56
PC 56
PC 13
RM
R-1-6000
PC 56
CV
RM
PA2020-020_CA_Amendment.mxd
0 700350
FeetI
City of Newport BeachGIS DivisionJuly 21, 2021
CA2020-008 (PA2020-020)Zoning Code Amendment150 Newport Center Dr
Zone Change: Office—Regional (OR) to Planned Community (PC-57)
PC 57
Planning Commission Resolution No. PC2021-024
Page 22 of 32
01-25-19
Exhibit “F”
PC-57
(Residences at Newport Center Planned Community Development Plan)
RESIDENCES
AT NEWPORT CENTER
Planned Community Development Plan
Date: April 19, 2021
Ordinance No. _______________
Adopted ___________, 2020
Residences at Newport Center
Planned Community
Page | 2
TABLE OF CONTENTS
1.0 Introduction and Purpose 3
2.0 Land Use and Development Regulations 4
2.1 Architectural Design 4
2.2 Permitted Uses 5
2.3 Building Setbacks 5
2.4 Density: Number of Units 6
2.5 Floor Area 6
2.6 Grade for Purposes of Determining Height 6
2.7 Height 7
2.8 Landscaping and Irrigation 7
2.9 Lighting 9
2.10 Mechanical Equipment 9
2.11 Open space 9
2.12 Parking 10
2.13 Signs 11
2.14 Podium Walls 12
2.15 Patio Walls 13
2.16 Trash Service and Container Storage 14
2.17 Construction Requirements 14
a. Archaeological/Paleontological
b. Building Codes
c. Grading
d. Sewer Service
e. Storm Water Management
f. Telephone, Gas and Electrical Service
g. Water Service
3.0 Site Development Review 16
3.1 Purpose 16
3.2 Application 16
3.3 Design (Elevations) and Site Development of Building 16
LIST OF EXHIBITS
Exhibits Name Exhibit Number
Conceptual Site Plan & Project Summary A
Setback Exhibit B
Building Tabulation C
Sections D
Residences at Newport Center
Planned Community
Page | 3
1.0 INTRODUCTION AND PURPOSE
The Residences at Newport Center Planned Community Development Plan (PC) is
composed of 28 condominium units located in 4 story buildings totaling 103,158 square
feet of gross building area connected by a common lobby and entry. The project is located
at the southwest intersection of Newport Center Drive and Anacapa Drive in Newport
Center on a 54,949 square feet parcel. The vision presented in the plan shows two luxury
residential buildings with a common entrance and lobby intended to integrate a casual
urban lifestyle with a contemporary California building design.
The unit mix includes 8 residential units on the ground floor, 16 flats on levels 2 and 3 and
four penthouses on Level 4. The square footage of the residential units is 85,236 square
feet. Level 1 will also have a lobby and a lounge with a kitchen, fitness room/spa, lap pool
and office that is approximately 5,518 square feet (not including pool area) and does not
include circulation.
The project is designed for two levels of parking below grade. Level B-1 is partially at
grade on the southern edge to allow tenant and visitor access. General delivery will occur
at the building entry off Anacapa Drive and moving van access is provided on the south of
the building. All units have a private 2-car garage located within the lower levels. Further,
there is one-way vehicular access to the garage from the front entry of the project primarily
for visitors.
The PC identifies land use relationships and associated development standards for the
district identified as the Residences at Newport Center. To that end, it coordinates and
complements the broader scale and massing of the Newport Center area and specifically
Block 100. The PC ensures a broader coordination and consistency with the surrounding
neighborhood, to include a high level of contemporary architectural quality supporting the
Newport Center environment along with pedestrian connectivity.
The PC includes a specific set of standards incorporated through a comprehensive review
of the project within Newport Center while ensuring substantial compliance with the spirit
and intent of the Zoning Code. The PC ensures the following site development review
objectives are met:
1. Ensure consistency with General Plan policies related to the preservation of
established community character, and expectations for high quality
development.
2. Respect the physical and environmental characteristics of the site.
3. Ensure safe and convenient access and circulation for pedestrians and vehicles.
4. Allow for and encourage individual identity for specific uses and structures.
5. Encourage the maintenance of a distinct neighborhood and/or community
identity.
Residences at Newport Center
Planned Community
Page | 4
6. Minimize or eliminate negative or undesirable visual impacts.
7. Ensure protection of significant views from public right(s)-of-way in
compliance with NBMC Section 20.30.100 (Public View Protection);
8. Allow for different levels of review depending on the significance of the
development project (Newport Beach, 2015a).
Whenever the regulations contained in the PC conflict with the regulations of the
Newport Beach Municipal Code (NBMC), the regulations contained in the PC shall
take precedence. The NBMC shall regulate all development within the PC when such
regulations are not provided within the PC Regulations.
2.0 LAND USE AND DEVLOPMENT
The following development standards shall apply to the residential condominium units.
2.1 ARCHITECTURAL DESIGN
The Residences at Newport Center design is inspired by creating a casual yet elegant architecture
that is conceived as two casual and contemporary 4 story buildings that are linked together via a
modern glass entry with a water feature creating the entry into the lobby. Architecturally, the
buildings are proportioned with a defined base, middle, and top that is reinforced by flat plate
structure and glass walls. The elevations are presented through the use of massing, setbacks and
subtle variations in the roof line.
The building’s material palate consists of stone neutrals and glass building façade compatible with
the surrounding development in Newport Center. The design will complement, enhance, and be
compatible with the adjacent retail and office properties. In keeping with this philosophy, the
exterior will be comprised predominately of stone base, stone cladding, metal finishes and glass.
Massing offsets, variations of roof line, varied textures, recesses, articulation, and design accents
on the elevation are integrated to enhance the expression of a unique and contemporary
architectural style.
All first floor residences include outdoor patios and resident entries from the public lobby.
Fenestration of the buildings is developed around the “California Coastal” view of indoor –
outdoor living. Openings above level 1 will have foldable doors allowing for the full aperture to
engage with interior living. Connections to the common area are reinforced via a social gathering
space within the lobby that incorporates both interior and exterior landscape areas.
The exterior landscaping will further enhance the feel of a luxury lifestyle at the adjacent
intersection of Anacapa and Newport Center Drive. The crosswalks at the corner of Newport
Center Drive and Anacapa Drive shall enhance the visual connection to the adjoining office,
entertainment, restaurants, and medical districts. Along Anacapa Drive, the project will provide
resident access via a 27 foot wide driveway served by a luxurious lobby and entry water feature.
Residences at Newport Center
Planned Community
Page | 5
Further, there is access to the visitor parking via a one-way ramp to the lower level. Optionable
valet parking will be provided at the entry level. A dog run on the ground level at the southwest
corner is provided for the residents.
2.2 PERMITTED USES
a. Condominiums (Multi-Family Residential).
b. On-site recreational facilities, valet station, wine storage, separate dedicated storage areas, and
other structures ancillary to residential uses.
c. Telecommunications facilities are permitted in accordance with Chapter 20.49 (Wireless
Telecommunications Facilities) of the NBMC.
d. Land uses that are not listed above are not allowed, except as provided by Chapter 20.12
(Interpretation of Zoning Code Provisions) of the NBMC or as required by State Law.
e. Temporary uses may be allowed only upon approval of a limited term permit pursuant to
Section 20.52.040 (Limited Term Permits) of the NBMC.
2.3 BUILDING SETBACKS
a. Above grade level podium (required/provided)
Anacapa Drive 15 feet/26 feet (including a 3-foot pedestrian
easement)
21 feet for the roof overhang
Newport Center Drive 15 feet /15 feet
10 feet at the roof overhang
Western property line 0 feet/19 feet
13 feet 6 inches at the roof overhang
Southern property line 0 feet/ 19 feet (Including a 10-foot private pedestrian
walkway easement)
b. Below grade level podium (required/provided)
Anacapa Drive 0 feet/ 15 feet
Newport Center Drive 0 feet/ 15 feet
Residences at Newport Center
Planned Community
Page | 6
Western Property Line 0 feet/ 7 feet for basement walls
Southern Property line 0 feet/ 10 feet
Patios may encroach up to 7 feet 4 inches into required setback areas. Decks and balconies may
encroach up to 2 feet 6 inches into the required setback. Decorative architectural features such as
roof overhangs, brackets, and eaves may encroach up to 30 inches into a required setback area,
provided that no architectural features shall project closer than twenty-four inches from a side
property line. Further, the roof overhang on Newport Center Drive may extend up to 60 inches
into the setback. The footings on the south of the building may encroach up to 3 feed feet into the
easement Fences, hedges, and walls may encroach into the required setback areas subject to the
requirements set forth in Section 2.14.
2.4 DENSITY
The maximum allowable number of condominium residential units shall be 28.
2.5 FLOOR AREA
a. Building Area
The maximum gross building area limit for the development is 103,158 gross square feet at a
floor area ratio (FAR) of 1.88.
Gross building Area Definition:
The following areas shall be included in calculations of gross floor area:
a) Any interior finished portion of a structure that is accessible and that measures more than
six feet from finished floor to ceiling.
The following areas shall be excluded:
1. Stairwells and elevator shafts above the first level.
2. The surrounding exterior patio areas.
3. Parking structures including private garages and mechanical areas within the parking
structure.
b. Floor Area per Unit. Residential uses are measured on a per unit basis.
i. Ground floor (1st floor):
1,430 square feet minimum
ii. Units on floor 2:
Residences at Newport Center
Planned Community
Page | 7
2,493 square feet minimum
iii. Units on floor 3:
2,316 square feet minimum
iii. Penthouses (floor 4):
5,223 square feet minimum
2.6 STANDARDS FOR ALLOWABLE HEIGHTS
The building heights are measured from established grade as hereinafter defined. The building is
on a sloping surface and the measurement of height is taken from the building entrance at 167.75
feet (NAVD88). Thus, established grade shall be defined at an elevation of 167 feet 9 inches
(NAVD88).
2.7 HEIGHT
The building height shall not exceed 52 feet 11 inches from the established grade (167.75 feet
NAVD88) of the site or 220 feet 8 inches above mean sea level (AMSL). The height of the open
area between the buildings is approximately 19 feet 8 inches above the established grade of the
site or 187 feet 6 inches NAVD88.
Rooftop appurtenances are permitted and may exceed the maximum building height by up to 7
feet (227.66 feet NAVD88). Rooftop appurtenances may include, but are not limited to, stairwell
and elevator shaft housing, antennae, window washing equipment, and wireless communication
facilities. The mechanical equipment for this project shall be sited in the interior of the 2-level
parking structure. Rooftop appurtenances shall not exceed 30 percent of the overall roof area and
shall be focused toward the interior of the building footprint adjacent to the elevator override and
stairway. Rooftop appurtenances must be screened from view; the height of rooftop appurtenances
shall not exceed the height of the screening. Supports for window washing equipment are permitted
and are not required to be screened from view. Rooftop appurtenances within the 7-foot limitation
are subject to the review and approval of the Planning Division.
Architectural features may exceed the maximum building height up to 2 feet (169.75 feet
NAVD88). Architectural features include the building rooftop edge and other decorative rooftop
features defined as visually prominent or formally significant elements of a building that express
its architectural language and style in a complementary fashion. Architectural features should be
logical extensions of the massing, details, materials, and color of the building which complement
and celebrate its overall aesthetic character. Such features must be an extension of the architectural
style of the building in terms of materials, design, and color.
Residences at Newport Center
Planned Community
Page | 8
2.8 LANDSCAPING AND IRRIGATION
A minimum of 15 percent of the lot area shall be landscaped (8,242 square feet). Landscaping and
irrigation shall be provided in all areas not devoted to structure, driveways, walkways, and private
patios to enhance the appearance of the development, reduce heat and glare, control soil erosion,
conserve water, screen adjacent land uses, and preserve the integrity of the PC.
Site landscaping and irrigation will be designed and planted in accordance with Chapter 20.36
(Landscaping Standards) of the Newport Beach Municipal Code (NBMC) and Chapter 14.17
(Water-Efficient Landscaping) of the Newport Beach Municipal Code. Plants shall be adapted to
the coastal climate of Newport Beach and appropriate to the specific soil, topographic, and
sun/shade conditions of the project site. Drought-tolerant plants shall be used to the maximum
extent practicable. Plant species having comparable water requirements shall be grouped together
for efficient use of irrigation water. All plant materials shall conform to or exceed the plant quality
standards of the latest edition of American Standard for Nursery Stock published by the American
Association of Nurserymen, or the equivalent. Plant selection shall be harmonious to the character
of the project and surrounding projects and shall not be listed as an invasive species by the
California Invasive Plant Council.
a. Minimum Landscape Requirements:
1. Landscaping shall incorporate a street tree species along Newport Center Drive (existing
Mexican Fan Palms to be protected on Newport Center Drive) and Anacapa Drive (Lemon
scented Gum, Eucalyptus citriodora or other tree to the satisfaction of the General Services
Division). The same species street tree shall be planted on both sides of Anacapa Drive,
north of the drive entry (upon the adjacent property owner’s approval).
2. The Anacapa Drive parkway shall be maintained and landscaped to complement the
existing on-site landscaping. Landscaping and irrigation shall consist of a combination of
trees, shrubs, and groundwater and hardscape improvements.
3. The landscaped island at the southern entry within the ingress/egress easement shall be one
continuous landscape area as shown on the attached Exhibit A (upon the underlying
property owner’s approval).
4. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction
of the City Traffic engineer.
5. Planting areas adjacent to vehicular entrances shall be protected by a continuous concrete
curb or similar perimeter barrier.
6. The ground floor landscape area shall include a dog run for use by the occupants of the
project.
7. Landscape areas shall provide a minimum width dimension of 2.5 feet to provide adequate
planting area.
8. Evergreen planting a minimum of 5 feet high shall be used to screen the podium wall along
the eastern property line (along Newport Center Drive).
Residences at Newport Center
Planned Community
Page | 9
9. All landscape materials and irrigation systems shall be maintained in accordance with the
approved landscape and irrigation plans. All landscaped areas shall be maintained in a
healthy and growing condition in accordance with the NBMC and shall receive regular
pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds
and debris. All irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
10. Landscape planting and irrigation plans and specifications shall be submitted by the
applicant for review and approval by the Planning Division prior to the issuance of a
building permit.
b. Irrigation Guidelines
An irrigation system shall be installed and shall incorporate appropriate locations, numbers, and
types of water distribution and emitters to provide appropriate amounts of water to all plant
materials. Application rates and spray patterns shall be consistent with the varying watering
requirement of different plant groupings.
Irrigation systems and controls shall include technology that minimizes over watering by either:
(a) directly measuring soil moisture levels, plant types, and soil types and adjusting irrigation
accordingly, or, (b) receiving weather information at least on a daily basis via satellite or similar
transmission and adjusting irrigation accordingly. The irrigation system shall be designed to
prevent over-watering and minimize overspray and runoff onto streets, sidewalks, driveways,
buildings, fences, and window consistent with water conservation and pollution run-off control
objectives.
Should reclaimed water infrastructure be constructed along Newport Center Drive, the site’s
existing potable irrigation system shall be converted and connected to said infrastructure within
one year of its availability.
2.9 LIGHTING
All new outdoor lighting shall be designed, shielded, aimed, located and maintained to shield
adjacent uses/properties and to not produce glare onto adjacent uses/properties. Lighting plans
shall be prepared in compliance with Chapter 20.30.040 (Outdoor Lighting) of the NBMC. All
lighting and lighting fixtures that are provided shall be maintained in accordance with the approved
lighting plans.
Light fixtures on buildings shall be full cut-off fixtures. Light spillover may not exceed one foot-
candle at the subject property line. Lighting of building interior common areas, exteriors and
parking entrances shall be developed in accordance with City Standards and shall be designed and
maintained in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall
be limited to that necessary for security.
Residences at Newport Center
Planned Community
Page | 10
The plans for lighting shall be prepared and signed by a licensed electrical engineer and shall be
subject to review and approval of the Community Development Director or their designee. If in
the opinion of the Director existing illumination creates an unacceptable negative impact on
surrounding land uses or sensitive habitat areas, the Director may order the dimming of light
sources or other remediation upon finding that the site is excessively illuminated.
2.10 MECHANICAL EQUIPMENT
Roof-top mechanical equipment shall not exceed 7 feet above the maximum height of the building
and shall comply with Section 20.30.020 (Buffering and Screening) of the NBMC. All mechanical
appurtenances on building roof tops and utility vaults shall be screened in a manner meeting the
approval of the Director of Community Development or their designee. It is the intent to place the
mechanical equipment in the garage, if feasible. If placement of mechanical equipment in the
garage is not possible, then the standards articulated in this section shall be implemented.
All new mechanical appurtenances (e.g., air conditioning, heating, ventilation ducts, exhaust vents,
telecom antennas & support equipment, swimming pool and spa pumps, filters, transformers,
utility vaults, and emergency power generators) shall be screened from the public view and
adjacent land uses. The enclosure design shall be approved by the Community Development
Department. All rooftop equipment shall be architecturally treated or screened from off- site views
in a manner compatible with the building materials prior to final building permit clearance. The
mechanical equipment shall be subject to sound rating in accordance with the Chapter 20.30.20
(Buffering and Screening) of the NBMC. There shall be a garage exhaust tower that is 10 feet
above finished grade in the buildable area along Anacapa Drive.
2.11 OPEN SPACE
a. Common Outdoor Space
Common outdoor space consists of land area within the residential development that is not
individually owned or dedicated for public use that is designed, intended, and reserved exclusively
for the shared enjoyment or use by all residents and their guests. Common outdoor space may be
active or passive. Illustrative examples include areas of scenic or natural beauty, barbecue areas,
landscaped areas, play areas, swimming pools, pet areas, or turf areas.
A minimum of 5% of lot area (2,750 square feet for 28 dwelling units) of common open space
shall be provided. Common outdoor space shall be provided either at grade, podium level, or roof
level. Common outdoor space areas shall have a minimum dimension of 15 feet. A minimum of
10 percent of the common outdoor space must be landscaped. All common outdoor space must be
accessible to all residents.
b. Common Indoor Space
Residences at Newport Center
Planned Community
Page | 11
The building shall provide at least one community room of at least 500 square feet available for
use by all residents of the project. The area should be located adjacent to, and accessible from,
common/public space. This area may contain active or passive recreational facilities or meeting
space and must be accessible through a common/public area.
c. Private Open Space
Private open space shall be a minimum of 30 square feet per dwelling unit (6-foot by 5-foot
minimum). At least 50 percent of all dwelling units shall provide private open space, on a balcony,
patio, or roof terrace. Balconies should be proportionately distributed throughout the project in
relationship to floor levels and sizes of units. Qualifying private open space areas shall be
permanently open on one full side or substantially open on multiple sides.
Private open space consists of an outdoor or unenclosed area directly adjoining and accessible to
a dwelling unit, reserved for the exclusive private enjoyment and use of residents of the dwelling
unit and their guests (e.g., balcony, deck, porch, terrace, etc.). Boundaries are evident by use of
fences, gates, hedges, walls, or other similar methods of controlling access and maintaining
privacy.
2.12 PARKING
Parking to the project shall be underground and not visible from the public right-of-way and
surrounding area. Parking spaces, driveways, maneuvering aisles, and turnaround areas shall be
kept free of dust, graffiti, and litter. All components of the parking area including striping, paving,
wheel stops, walls, and lighting of the parking area shall be permanently maintained in good
working condition. Access, location, parking space and lot dimensions, and parking area
improvements shall be in compliance with parking standards of Title 20 of the NBMC. All required
parking shall be provided on-site. There shall be a gated entry into the lower level for the resident
owner with an electronic entry key.
The main driveway entry shall be approximately 27 feet wide in front of the lobby entrance. The
lobby shall have a concierge to provide services to residences such as U.S mail delivery, package
delivery, mailing, receiving food delivery and meeting guests. There shall be optional valet
services for the guests. Guest shall have the option to self-park . The guests parking spaces are
accessed by the valet by a one-way internal ramp at the south end of the driveway and the parking
spaces are at the first lower level. Valet service shall return the vehicles to the front entry via the
main entry on Anacapa if the guests did not self-park. The rules and regulations of these operations
shall be established by the Home Owners Association.
A minimum of two (2) enclosed private parking spaces shall be provided for each of the dwelling
units on Level 1. The units on Level 2 through 4 shall have a minimum of two (2) enclosed parking
spaces per unit. One half (1/2) guest parking space shall be provided per unit for a total of 14 guest
parking spaces including 1 ADA stall. Each two-car garage shall provide minimum clear interior
Residences at Newport Center
Planned Community
Page | 12
dimensions of 17 feet 6 inches in width by 19 feet in depth and shall be maintained so that it is
accessible to vehicles.
Guest parking spaces shall maintain a minimum width of 8 feet 6 inches in width by 17 feet in
depth. There shall be 10 employee spaces on the lower level of the garage. The total visitor and
employee parking shall be 24 stalls. There shall be 4 guest charging stations for electric vehicles.
All resident and guest parking spaces shall be maintained clear of obstructions and available for
parking of vehicles at all times. Vehicle parking and maneuvering areas shall be restricted to the
operation, maneuvering and parking of operable vehicles.
2.13 SIGNS
If three (3) or more signs are proposed for the development, a comprehensive sign program
application for the Residences at Newport Center shall be submitted for review and approval by
the Zoning Administrator. Sign allowance and standards will be in accordance with Chapter 20.42
(Sign Standards) of the NBMC.
2.14 FENCES, HEDGES, AND WALLS
Walls and hedges shall be in accordance with the NBMC except as shown on the Site
Development Review plans and described in the PC. This does not apply to exempt signs per the
NBMC. Where a nonresidential zoning abuts a residential zoning district, consideration of a
landscape buffer as mitigation for wall heights, shall be reviewed as part of the Site Development
Review.
a. Podium Walls
The subject property is a sloping site with an elevation change of approximately 11 feet from the
northeast corner to the southwest corner. Specifically, the northeast corner is at an elevation of
approximately 170 feet and the southwest corner is at an elevation of 159 feet (all elevations
reference NAVD88). Further, the site on the north property line drops from the northeast corner
of 170 feet to 164 feet at the northwest corner. The project is designed for two levels of parking
below grade. Level B-1 is partially at grade on the southern edge to allow access from the private
driveway, and Level 2 is below grade.
The entire project has a podium that incorporates the parking garage and the residential units are
built on the podium deck. The podium lower level has a floor elevation of 148 feet and rises to a
ceiling height of 169 feet 6 inches for most of the building. The ceiling height below Flat 1 and 2
is 2 feet 6 inches higher than the 169 feet 6 inch referenced above to accommodate the entry for
trucks and vans on the south end of the building. The walls, floor and ceiling heights define the
podium.
Residences at Newport Center
Planned Community
Page | 13
The podium walls on the southwest of the building are exposed from elevation 159 up to 173 feet
at Flats 1 and 2. The top of wall is 13.8 feet above the adjacent ground elevation of 159 feet.
There is a 42-inch glass railing above the podium. On the western property line there is enhanced
landscaping to mitigate the exposed podium wall. The sections shown in Exhibit D graphically
illustrate the elevation changes.
b. Patio Walls
The patios on the north of the complex may encroach into the setback area up to 7’6”feet. The
top of wall elevations on the patios on the north side may reach 176.5 feet (NAVD88) for Flats 6
through 8. The grading plan includes raising the grade in front of the patio walls by
approximately 1 to 2 feet. Further, there shall be enhanced landscaping in front of the patio walls
to buffer the view of patio walls from the streetscape.
2.17 TRASH SERVICE
Trash disposal service will be provided by CR&R (or other provider) as contracted by the City of
Newport Beach and shall be subject to applicable regulations, permits and fees as prescribed by
the city.
Trash container storage and bins shall be located within the lower level parking structure in an area
to be designed and engineered for odor control and accessible for pick-up. Common trash bins
provided shall be a minimum of 192 square feet for Trash and Recycling in accordance with
Chapter 20.30.120 (Solid Waste and Recyclable Materials) of the NBMC. The bins will be brought
by a scout truck from their regular storage areas in the basement to the southerly residential access
drive for pick-up by regular trash trucks. Trash pick-up and staging shall not block vehicular access
through the southerly access drive. Trash pick-up and loading is not permitted within the Anacapa
Drive right-of-way.
2.18 CONSTRUCTION REQUIREMENTS
a. Archaeological/Paleontological
Grading of the site is subject to the provisions of the City Council policies K-4 & K-5 regarding
archaeological and paleontological resources.
b. Building Codes
Construction shall comply with applicable provisions of the California Building Code and the
various other mechanical, electrical, and plumbing codes related thereto as adopted by the NBMC.
c. Grading
Residences at Newport Center
Planned Community
Page | 14
Grading and excavation of the development area shall be conducted and undertaken in a manner
both consistent with grading manual standards and ordinances of the City of Newport Beach and
in accordance with a grading and excavation plan approved by the City of Newport Beach Building
Division.
d. Telephone, Gas and Electrical Service
All “on-site” gas lines, electrical lines and telephone lines shall be placed underground.
Transformer or terminal equipment shall be visually screened from view from streets and adjacent
properties.
e. Sewage Service
All sewer lines shall be designed in accordance with the Utilities Manager approval.
f. Storm Water Management
The project shall adhere to the Water Quality Management Plan (WQMP) approved in conjunction
with the issuance of building permits. Drainage and water quality assurance measures will be
implemented as per the City Public Works and Municipal Separate Storm Sewer System (MS4)
requirements. Development of the property will be undertaken in accordance with the flood
protection policies of the City.
g. Water service
Water service to the site will be provided by the City of Newport Beach and is subject to applicable
regulations, permits and fees as prescribed by the City. The project shall provide the infrastructure
for Fire Protection Water Service and Domestic water. Each water meter shall be served and
installed in accordance with the Public Works Department approval.
Residences at Newport Center
Planned Community
Page | 15
3.0 SITE DEVELOPMENT REVIEW
3.1 PURPOSE
The purpose of the Site Development Review (SDR) process is to ensure new development within
the Newport Center Residences Planned Community Development is consistent with the goals and
policies of the General Plan, and provisions of the Planned Community Development Plan.
3.2 APPLICATION
Prior to the issuance of building permits for the original site development, a SDR application shall
be required for the Newport Center Residences Planned Community Development in accordance
with Section 20.52.080 (Site Development Reviews) of the NBMC.
3.3 DESIGN (ELEVATIONS) AND SITE DEVELOPMENT OF BUILDING
The SDR shall be part of this PC and shall be reviewed concurrently with the PC. The submitted
site plans and elevations shall be part of this application.
PROJECT SUMMARY 4/15/2021
MULTI-STORY PROJECT
PROJECT DESCRIPTION SETBACKS *
THE PROJECT CONSISTS OF (1) MULTI-STORY REQUIRED / PROVIDED (FT)
RESIDENTIAL BUILDING ABOVE PODIUM BELOW PODIUM
4 STORIES OF RESIDENTIAL ANACAPA FRONTAGE 15’ / 26’0 / 15’
2 LEVELS OF UNDERGROUND PARKING NEWPORT CENTER DR.15' / 15’0 / 15’
28 DWELLING UNITS WESTERN PRTY LINE 0 / 19’0 / 7’
SOUTHERN PRTY LINE 0 / 19’0 / 10’
BUILDING CODE : CALIFORNIA BUILDING CODE 2019 NOTE: SETBACKS DO NOT INCLUDE ARCHITECTURAL PROJECTIONS
OCCUPANCY GROUP:OPEN SPACE: See A20.1 and A20.2
R-2 (RESIDENTIAL) & S-2 (PARKING)REQUIRED
BUILDING TYPE OF CONSTRUCTION:COMMON OUTDOOR
OPEN SPACE
5% of GROSS LOT
AREA
2,750 S.F.
TYPE I OR TYPE 2 (FULLY SPRINKLERED)PRIVATE OPEN SPACE 30 SF PER EACH UNIT 840 S.F.
TOTAL REQUIRED 3,590 S.F.
GOVERNING AGENCY:
CITY OF NEWPORT BEACH PROVIDED
COMMON OUTDOOR OPEN SPACE +/- 3,600 S.F.
LOT COVERAGE:PRIVATE OPEN SPACE +/- 12,230 S.F.
LOT AREA 54,949 S.F.TOTAL PROVIDED +/- 15,830 S.F.
BUILDING FOOTPRINT (FIRST FLOOR)27,006 S.F.
FAR 1.88 RESIDENTIAL UNITS:
LOT COVERAGE (EXISTING)55% EXISTING
RESIDENTIAL UNITS GROSS AREA* (FLOOR 1-4) :+/- 85,236 S.F.
PLANNING DEPARTMENT GROSS AREA:* NOTE: DOES NOT INCLUDE SHARED CIRCULATION
1ST FLOOR AREA:+/- 27,006 S.F.
2ND FLOOR AREA:+/- 26,551 S.F.
3RD FLOOR AREA:+/- 25,564 S.F.NOTES
4TH FLOOR AREA:+/- 24,037 S.F.
GROSS FLOOR AREA +/- 103,158 S.F.
ADDITIONAL AREAS:
PARKING BASEMENT UPPER AREA:+/- 37,674 S.F.
PARKING BASEMENT LOWER AREA:+/- 33,782 S.F.
TOTAL PARKING GARAGE AREA:+/- 71,456 S.F.
PARKING:
REQUIRED
RESIDENTIAL (2 PER UNIT)56 STALLS
GUEST (.5 PER UNIT)14 STALLS
PROVIDED
RESIDENTIAL 57 STALLS
GUEST (INC. ACCESSIBLE & 3 VALET)26 STALLS
PROJECT SUMMARY
EXHIBIT A - page 1 of 2
podium below ANACAPA DRIVEreq. buildingsetbackpodium wall below165NEWPORT CENTER DRIVEproperty linereq. setback (dashed)3' sidewalk easementLoungeFlat 1TerraceFlat 5Flat 2stairprivate patioprivatepatioFlat 8167166entry168169169rampMeeting RoomFitnesspool12' x 49'stair- to garage onlystairwater featurerampguest elevator from parkingstairFlat 7Flat 6dnelevConciergeexit passagewayOfficescateringkitchenelevFelevopenprivatepatiodnLOBBYstairprivate patiospaRaisedTerraceraised platformTerraceRaised TerraceRaisedTerracestairwalkelevelevFlat 3Flat 4StorageRaisedTerracerampele / dataexhaustCourtyardsee landscapednpexisting signage(to remain)privatepatiotrashtrashupupupupdndndndnFABCBCDParking entry(see level below)garage exhaust (10' clear AFG)raisedplanterwomenmenhigh window highhighcantilevered walkway+/-7' - 5"6' +/-6' +/-easement10' - 0" proposed29' - 2"170164163162 161160164163163159159160161162163163162163Dog Run(see level below)15' - 0"17' - 11"7' - 5" +/-setback15' - 0" req27' - 6"27' - 6"setback15' - 0" req.20' - 2"security gatednplanter planterplanterplanterplanterplanterplanterplanterpppplanterpppodium & guardrailsidewalk(see level below)fire-rated glazing assembly169TW 167.67TW 176.25TW 178.00TW 176.25TW 178.00TW 176.25TW 172.75low stone signage wallTW 171.0proposedstop bar & sign(see civil)170.5167.84'4'5% max5% max170.5170.5172.75172.5170.5170.5170.5170.5170.5172.75 172.75172.75174.5 +/-174.5 +/-172.75172.75174.5 +/-walk168.2 +/-170.5172.5172.75170.5170.5170.5170.5TW 178.00proposedtransformerlocationp169.1165.4STOPproposed FDC(see civil)dn172.75glass railing top 176.25170.5glass railingtop 174.04' - 0"glass railing top 174.012'CONCEPTUAL SITE PLANEXHIBIT A - page 2 of 2Project North 3/17/2021169stairwater featureramp dn12.0% +/- @ CLdnzero curbstairwalk166.3 +/-p168167166 164161159planterplanterppp4 full-size spacesconc curb, typ.low stone signage wall(encroaches into sidewalk easement)3'22' typ.170.5167.8170.5167.9170.3+/-5% max5% max170.5170.5172.75172.5170.5170.5170.5170.5170.5172.75 172.75172.75174.5 +/-174.5 +/-172.75172.75174.5 +/-walk168.2 +/-170.5172.5172.75170.5170.5170.5170.5170.5170.5170.5170.5dnp169.1172.75170.5valet/drop off, 2 % max loading/ deliveryvalet/drop offpSTOP
ANACAPA DRIVENEWPORT
CENTER DRI
V
E
GNIREENEIGN
16795 Von Karman, Suite 100, Irvine, California 92606
tel 949.474.1960 fax 949.474.5315 www.fuscoe.com
SCALE:
1" = 50'
EXHIBIT B 03/30/21BUILDING SETBACK EXHIBIT
LEGEND
9/2/2020
RESIDENTIAL AREA PLANNING AREAS (gross sf*)
Unit #Level Area (gross sf*)first floor residential 15,903
1 1 2,271 first floor circulation / misc 5585
2 1 1,430 offices 602
3 1 2,043 storage 441
4 1 1,478 entry 489
5 1 2,121 lounge 1100
6 1 2,228 concierge 691
7 1 1,647 condo meeting & kitchen 999
8 1 2,685 fitness 1196
9 2 2,832 first floor total 27,006
10 2 3,789
11 2 2,963 second floor residential 24,284
12 2 2,493 second floor circulation / misc 2267
13 2 2,521 second floor total 26,551
14 2 2,954
15 2 3,766
16 2 2,966
17 3 2,649 third floor residential 23,239
18 3 3,646 third floor circulation / misc 2325
19 3 2,866 third floor total 25,564
20 3 2,316
21 3 2,344
22 3 2,955 fourth floor residential 21,810
23 3 3,667 fourth floor circulation / misc 2227
24 3 2,796 fourth floor total 24,037
25 4 5,636
26 4 5,223
27 4 5,262 TOTAL GROSS PLANNING AREAS 103,158
28 4 5,689
Total Residential Units 85,236 Additional Areas
Circulation, Lobbies, Fitness, etc 17,922 Parking -1 37,674
Total Gross planning area 103,158 Parking -2 33,782
NOTE * All areas are shown as gross numbers (including exterior walls & finishes).
Condo units are sold as interior airspace and would be smaller area.
Building Tabulation
EXHIBIT C
1st Floor0"1st Floor0"2nd Floor13' - 2"2nd Floor13' - 2"Roof48' - 8"Roof48' - 8"Parking -1-11' - 0"Parking -1-11' - 0"3rd Floor24' - 4"3rd Floor24' - 4"4th Floor35' - 6"4th Floor35' - 6"Parking -2-22' - 0"Parking -2-22' - 0"Parking GarageLobby A1' - 6"13' - 2"11' - 2"11' - 2"13' - 2"11' - 0"170.5'freight elevatorelevatorelevatortrashParking Garage11' - 0"freight elevatorelev.59' - 11"12' - 0"10' - 0"10' - 0"170' - 6"206' - 0"220' - 8"Terrace219' - 2"148' - 6"172.75174.5 +/-Terrace47' - 11"50' - 2"2' - 9"7' - 0"159 +/-7' - 0"170.5167.75'slope of site from highest to lowest169' high point on Newport Center Dr.property lineNewport Center Drive169.08' - 0"513Flat 7Flat 15Flat 23Flat 27Flat 12Flat 20Flat 26Flat 25Flat 18Flat 10Flat 2Flat 21Flat 1325183' - 8"194' - 10"12' - 0"mech screenproperty line15' - 11"185.2227' - 8"167.75' height datum7' - 0"52' - 11"height datum 167.75'NAVD88 (dashed)68' - 2"52' - 11"7' - 0"2' - 9"167.75'height datum 167.75' NAVD88 (dashed)lowpoint this side 159.0+/-159' - 6"192.5170.52' - 3"EXHIBIT D227' - 8"Flat 28
Planning Commission Resolution No. PC2021-024
Page 23 of 32
01-25-19
Exhibit “G”
Development Agreement
Planning Commission Resolution No. PC2021-024
Page 24 of 32
01-25-19
Exhibit “H”
Tentative Tract Map
Planning Commission Resolution No. PC2021-024
Page 25 of 32
01-25-19
Exhibit “I”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. Snyder Langston will prepare and submit a site-specific safety plan to the Construction
Superintendent and the Building Official prior to mobilization.
3. Prior to issuance of final building permits, the Applicant shall record a deed notification
with the County Recorder’s Office, approved as to form by the Office of the City Attorney,
consistent with NBMC Section 20.48.130.I (Deed Notification). The Deed Notification
shall state that residential units are located in a mixed-use project or in a mixed-use
zoning district and that an owner may be subject to impacts, including inconvenience
and discomfort, from lawful activities occurring on the project or zoning district (e.g.
noise, late night hours, live entertainment, lighting, odors, high pedestrian activity levels,
etc.). The Deed Notification shall also state that the project is located across the street
from businesses currently operating as Muldoon’s Irish Pub located at 202 Newport
Center Drive, Red-O Restaurant located at 143 Newport Center Drive, and Fig and Olive
located at 151 Newport Center Drive, which feature open-air courtyards, live music, DJs,
bands, food service, special events, and guests using adjacent parking lots.
4. The deed notification language contained in Condition of Approval No. 3 shall be copied
into the CC&R’s for the project.
5. Prior to building permit final, the Applicant shall prepare a written disclosure statement.
The written disclosure statement shall be provided to owners and tenants prior to sale,
lease, or rental of a residential unit in the proposed mixed-use development consistent
with Section 20.48.130.H (Notification to Owners and Tenants) of the Municipal Code.
6. Prior to recordation of the Tract Map, the draft CC&R’s shall be provided to the City’s
Planning Division for review and approval.
7. Prior to recordation of the Tract Map, park fees shall be paid for the 28 new dwelling
units in accordance with City Council Resolution No. 2020-95.
8. Prior to the issuance of building permits, fair share traffic fees (per City Ordinance No.
94-19) shall be paid for the 28 dwelling units.
9. Prior to the issuance of building permits, any Newport Mesa Unified School district fees
shall be paid for the project.
Planning Commission Resolution No. PC2021-024
Page 26 of 32
01-25-19
10. Prior to the issuance of building permits for any off-site improvements, property owner
authorization shall be required.
11. Prior to the issuance of building permits, San Joaquin Hills Transportation Corridor
Agency Fees shall be paid for the 28 dwelling units.
12. Prior to the issuance of any building permits including demolition, the mitigation
measures identified in the MMRP (Exhibit B) shall be transcribed onto the plans and
implemented in accordance with the MMRP.
13. Disturbance to or removal of potential bird nesting habitat shall be prohibited during the
migratory bird nesting season (February 1 through August 31) unless a migratory bird
nesting survey is completed. If demolition and/or vegetation removal is planned to occur
during the migratory bird nesting season (February 1 through August 31), then a
migratory bird nesting survey shall be completed in accordance with the following
requirements:
a. Within three (3) days prior to initiating demolition, tree removals and/or vegetation
clearing, a nesting bird survey shall be conducted by a qualified biologist within
the suitable habitat to be removed and within a 250-foot radius.
b. If the survey reveals no active nesting, the proposed action may proceed.
c. If the survey identifies the presence of active sensitive bird nests, then the nests
shall not be disturbed unless the qualified biologist verifies through non-invasive
methods that either (i) the adult birds have not begun egg-laying and incubation;
or (ii) the juveniles from the occupied nests are capable of independent survival.
d. If the biologist is not able to verify any of the conditions from sub-item “b,” above,
then no disturbance shall occur within a buffer zone specified by the qualified
biologist for each nest or nesting site. The buffer zone shall be species-
appropriate (no less than 100-foot radius around the nest for non-raptors and no
more than a 500-foot radius around the nest for raptors, or as otherwise
determined by the qualified biologist) and shall be sufficient to protect the nest
from direct and indirect impacts from construction activities. The nests and buffer
zones shall be field checked approximately weekly by a qualified biological
monitor. The approved buffer zone shall be marked in the field with construction
fencing, within which no vegetation clearing or ground disturbance shall
commence until the qualified biologist with City concurrence verify that the nests
are no longer occupied and/or juvenile birds can survive independently from the
nests.
14. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
Planning Commission Resolution No. PC2021-024
Page 27 of 32
01-25-19
15. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
approval.
16. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport
Beach Municipal Code.
17. Prior to the issuance of building permits, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall incorporate
drought tolerant plantings and water efficient irrigation practices, and the plans shall be
approved by the Planning Division.
18. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
19. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
20. Prior to the issuance of building permits, the applicant shall prepare a final photometric
study in conjunction with a final lighting plan for approval by the Planning Division. The
survey shall show that lighting values are “1” or less at all property lines.
21. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
22. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Planning Commission Resolution No. PC2021-024
Page 28 of 32
01-25-19
Commercial Property N/A 65dBA N/A 60dBA
23. 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
current business owner, property owner or the leasing agent.
24. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday,
and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are
not allowed on Sundays or Holidays.
25. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
26. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
27. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
28. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the
Director of Community Development, and may require an amendment to this Use
Permit.
29. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
30. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
31. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except as determined by the Development
Agreement or where an extension of time is approved in compliance with the provisions of
Title 20 Planning and Zoning of the Newport Beach Municipal Code.
Planning Commission Resolution No. PC2021-024
Page 29 of 32
01-25-19
32. 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 Residences at Newport Center including, but not limited to, Environmental
Impact Report No. ER2021-002, General Plan Amendment No. GP2020-001, Zoning
Code Amendment No. CA2020-008, Planned Community Development Plan No. PC2020-
001, Major Site Development Review No. SD2020-001, Tentative Tract Map No. NT2020-
001 and rescission of Use Permit No. UP1461 (PA2020-020). 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.
Fire Department
33. Fire Department access shall be maintained on Anacapa Drive and marked exclusively
for fire department use.
34. As per California Fire Code Section 507.5.1, a fire hydrant will be required within 400
feet of all portions of every structure. In addition, the number of fire hydrants will also
be determined by the required fire flow for each structure.
35. A fire flow is required and shall be determined per Newport Beach Fire Guideline B.01
(CFC Section 507.5.1 & CFC Section 507.3).
36. The elevator car shall be of such a size and arrangement to accommodate a 24-inch by
84-inch ambulance gurney or stretcher with not less than 5-inch radius corners in the
horizontal open position, shall be provided with a minimum clear distance between walls
or between walls and door excluding return panels not less than 80 inches by 54 inches
and a minimum distance from wall to return panel not less than 51 inches with a 42-inch
slide door. California Building Code (CBC) Section 3002.4.3a.
37. A remote fill for the diesel generator (to refuel the generator) will be required. Per CFC
Section 5704.2.7.5.2, filling, emptying and vapor recovery connection to tanks
containing Class I, II or IIIA liquids shall be located outside of buildings in accordance
with Section 5704.2.7.5.6 at a location free from sources of ignition and not less than 5
feet away from building openings or lot line of property that can be built upon. Such
openings shall be properly identified and provided with a liquid-tight cap that shall be
closed when not in use. Filling and emptying connections to indoor tanks containing
Class IIIB liquids and connected to fuel-burning equipment shall be located at a finished
ground level location outside of buildings. Such openings shall be provided with a liquid-
Planning Commission Resolution No. PC2021-024
Page 30 of 32
01-25-19
tight cap that shall be closed when not in use. A sign, in accordance with Section 5003.6
that displays the following warning, shall be permanently attached at the filling location:
TRANSFERRING FUEL OTHER THAN CLASS IIIB COMBUSTIBLE LIQUID TO THIS
TANK CONNECTION IS A VIOLATION OF THE FIRE CODE AND IS STRICTLY
PROHIBITED
Building Division
38. Prior to plan check submittal for building permit purposes, the applicant shall submit plans
to the Building Division for a preliminary code review.
39. The applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
40. The applicant shall employ the following best available control measures (“BACMs”) to
reduce construction-related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
Off-Site Impacts
• Encourage car pooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six-inch surface layer, subject to review/discretion of the geotechnical
engineer.
Planning Commission Resolution No. PC2021-024
Page 31 of 32
01-25-19
41. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction
Activities shall be prepared, submitted to the State Water Quality Control Board for
approval and made part of the construction program. The project applicant will provide
the City with a copy of the NOI and their application check as proof of filing with the State
Water Quality Control Board. This plan will detail measures and practices that will be in
effect during construction to minimize the project’s impact on water quality.
42. Prior to the issuance of a grading permit, the applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project, subject to the approval of
the Building Division and Code and Water Quality Enforcement Division. The WQMP
shall provide appropriate Best Management Practices (BMPs) to ensure that no
violations of water quality standards or waste discharge requirements occur.
43. A list of “good housekeeping” practices will be incorporated into the long-term post-
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality. These may include frequent
parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful
fertilizers or pesticides, and the diversion of storm water away from potential sources of
pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list
and describe all structural and non-structural BMPs. In addition, the WQMP must also
identify the entity responsible for the long-term inspection, maintenance, and funding for
all structural (and if applicable Treatment Control) BMPs.
Public Works Department
44. A Tract Map shall be recorded. 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.
45. Prior to recordation of the tract 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.
46. Prior to the final tract map approval, a subdivision agreement and bonds (labor and
material, performance and warranty) in the form and amount acceptable to the Director
of Public Works for the estimated improvement costs as prepared by a Registered Civil
Engineer shall be approved by the Director of Public Works.
Planning Commission Resolution No. PC2021-024
Page 32 of 32
01-25-19
47. The proposed driveways on Anacapa Drive shall be installed per City Standard STD-
160.
48. Driveway, garage ramp slopes and parking garage shall comply with City Standard STD-
167-B, STD-805.
49. Prior to the issuance of building permits, a final parking management and site circulation
plan for review and approval of the City Traffic Engineer and Community Development
Director. The narrative shall document the operation of the drop-off area, parking area,
gates, loading area and valet (if proposed).
50. Prior to the issuance of building permits, a final construction management plan shall be
reviewed and approved by the City Traffic Engineer and Community Development
Director.
51. Applicant shall reconstruct damaged/broken curb, gutter and sidewalk along the
Newport Center Drive and Anacapa Drive frontages. Extent to be determined by the
Public Works Director at the time of inspection.
52. Anacapa Drive is on the City’s street-cut moratorium list. Trenching/damage to said
street as a part of this development will require extensive street repair work per City
Standard.
53. A corner-cut off at the corner of Anacapa Drive and the project driveway for sidewalk
purposes shall be dedicated to the City as depicted on the tentative tract map.
54. An encroachment permit and encroachment agreement shall be executed for the
proposed low stone signage wall located within the 3-foot-wide pedestrian easement
along the Anacapa Drive frontage. The proposed low stone signage wall shall be limited
to 3 feet in height maximum measured from the adjacent sidewalk grade.
55. Prior to the issuance of building permits, the median design, stop sign installations, and
storm drain improvements on the Gateway Plaza entry at the southerly project driveway
shall be reviewed and approved by The Irvine Company and the City.
56. The proposed removal of the existing City street trees and proposed installation of new
City street trees shall be subject to review and approval of the City Arborist, including
species and location.
57. After construction of the project is complete, the maximum size moving truck/delivery
vehicle that the site can accommodate is a 30-foot single unit truck. Trucks longer than
30 feet shall be prohibited from using the Loading/Receiving area.
Utilities
58. Prior to the issuance of building permits, a final utilities plan shall be submitted and
approved by the Utilities Department.