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