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HomeMy WebLinkAbout2011-7 - Newport Business PlazaRESOLUTION NO. 2011-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE DECLARATION, APPROVING GENERAL PLAN AMENDMENT NO. GP2008 -007, APPROVING TENTATIVE PARCEL MAP NO. NP2010 -006 FOR A NEW COMMERCIAL BUSINESS PLAZA LOCATED 4699 JAMBOREE ROAD AND 5190 CAMPUS DRIVE (PA2008 -164) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by WPI- Newport, LLC, with respect to property located at 4699 Jamboree Road and 5190 Campus Drive, and legally described as Parcels 1 and 2 of Parcel Map, as per map filed in Book 142, Pages 18 and 19 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 for Anomaly Location #6 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 F by 18,346 net square feet, and 3) approval of a tentative parcel map for commercial condominium purposes, and to combine the existing two parcels (Parcel 1 at 4699 Jamboree Road and Parcel 2 at 5190 Campus Drive) into a single building site. 2. The applicant proposes to demolish the two existing buildings and redevelop the site with a new approximately 46,000- gross- square -foot commercial business plaza. 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, 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 (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 6. At the August 5, 2010, Planning Commission hearing, the Planning Commission voted 6 ayes and 1 excused recommending 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 January 11, 2011, (continued from the October 26 and November 23, 2010 meetings), 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 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 and City Council in its review of the proposed project. 3. 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 are feasible and will reduce the potential environmental impacts to a less than significant level. 4. The Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program attached as Exhibit "A" is hereby adopted. The document and all material, which constitute the record upon which this decision for recommendation was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 5. 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 #6. 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 business plaza 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 in Anomaly Location #6 from 34,500 gross square feet to 46,044 gross square feet is consistent with General Plan Policy LU 3.2 as follows: • The increased development limit would allow for redevelopment of the existing underperforming properties, and would allow a project what would generate greater architectural presence and enhance this prominent intersection at the northeast boundary of the City limits. • 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. • When compared to the existing uses of the site, the proposed project would result in a decrease in trips due to the reduction in square footage of the existing bank building from approximately 10,000 square feet to approximately 4,000 square feet. Thus, the decrease in trips during operation of the proposed project would not impact the standards for acceptable traffic level of service 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 proposed project would provide for redevelopment of the site with a new distinct business plaza, integrated to ensure a quality environment that is compatible with the existing surrounding land uses in the Koll Center Newport Planned Community, and the City of Irvine. 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 does not exceed the non - residential floor area threshold, does not exceed the peak hour vehicle trips threshold, and does not create any new dwelling units. 5. A tentative parcel map for commercial condominiums purposes, and to combine the two parcels into a single building site in order to accommodate development of the new commercial business plaza has been prepared in accordance with Title 19 of the NBMC. The City Council 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 proposed parcel map is for commercial condominium purposes and to combine two existing parcels of land into a single building site. 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. If the General Plan amendment is approved, the proposed subdivision and improvements of the subdivision would be consistent with the General Plan and the MU -H2 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 lot is regular in shape, has a slope of less than 20 percent, and 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 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. Findinq: 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. 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 Califomia 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: C -1. A MND has been prepared for the proposed project, and it has been determined that the design of the subdivision or the proposed development will not result in a significant effect on the environment, nor substantially and avoidably injure fish or wildlife or their habitat. D. Finding: 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: D -1. The proposed parcel map is for commercial condominium purposes, and to combine two existing parcels into a single building site. Construction for the proposed project will 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 will 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 altemate 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 as there are no public easements that are located on the property. 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 Califomia 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. 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: H.1 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 is for commercial condominium purposes and to combine two existing parcels into a single building site. No residential uses are proposed as part of the project, and no affordable housing units are being eliminated. 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. 6. 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 as it does not change the General Plan land use designation of the site. The City Council finds that the project would provide significant public benefits to the City, as the increased floor area would allow for redevelopment of the existing underperforming site with a new 46,000 -GSF commercial business plaza; the resultant project would generate increased property tax revenue; the project would provide short-term construction jobs and long -term banking and professional business service employment opportunities; the project would be adequately served by existing public facilities, infrastructure and services; and the project would result in a decrease in trips during operation and would not impact the standards for acceptable traffic level of service in this area of the City. 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's independent judgment and analysis. The City Council hereby adopts 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. GP2008 -007 to increase the maximum allowable development for Anomaly Location #6 from 34,500 gross square feet to 46,044 gross square feet. Table LU2 and of the Land Use Element of the General Plan shall be amended as provided in Exhibit °B ". 3. 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 "C ". 4. The City Council of the City of Newport Beach does hereby waive the requirement for a development agreement. 5. The City Council of the City of Newport Beach does hereby approve the Newport Business Plaza project. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 11th day of January, 2011. Michael F. Mayor ATTEST: - --p bprv"� Leilani I. Brown City Clerk EXHIBIT "A" Mitigation and Monitoring Reporting Program No. Mitigation Measure Time Frame for Responsible I Verification of Compliance Initials Date Remarks Implementation& Monitoring Monitoring Agency Aesthetics A -1 The site shall not be excessively illuminated Prior to project City of based on the luminance recommendations of the operation Newport Illuminating Engineering Society of North Beach America, or, if in the opinion of the Planning Planning Director, the illumination creates an Department unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. A -2 Prior to the issuance of building permits, the Prior to issuance of City of applicant shall prepare a final lighting plan for building permits Newport approval by the Planning Department that Beach demonstrates spill light trespass and glare are Planning below or at luminance levels pursuant to Department recommendations of the Illuminating Engineering Society of North America. A -3 Exterior on -site lighting shall be shielded and Prior to site plan City of confined within site boundaries. No direct rays approval Newport or glare are permitted to shine onto public streets Beach or adjacent sites or create a public nuisance. Planning "Walpak" type fixtures are not permitted. Department Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 feet in height. 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 1— August 31) to ensure contractor 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 area, 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. No. Mitigation Measure Time Frame for Responsible Verification of Compliance Implementation& Monitoring Initials Date Remarks Monitoring Agency Cultural Resources CR -1 The project plans shall specify that a qualified During construction Project archaeologist be contacted in the unlikely event construction that prehistoric archaeological resources are contractor discovered in the project area during ground - disturbing activities. Work shall stop in the area of the find and within 50 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. Treatment measures typically include development of avoidance strategies, capping with fill material, or mitigation of impacts through data recovery programs such as excavation or detailed documentation. Prehistoric Archeological monitoring of the project site shall not be required, unless it is determined by the qualified archeologist who prepares the treatment measures for the find that monitoring is required based on the sediments being excavated and the significance of the find. CR -2 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 prepared and shall signify completion of the program to mitigate impacts on paleontological resources. Geology and Soils GEO -1 During the preparation of the grading plans and Prior to issuance of City of prior to issuance of grading permits, the grading grading permits Newport plans shall stipulate that all grading and Beach earthwork shall be performed in accordance with Building the Grading Ordinances of the City of Newport Department Beach and the applicable portion of the General Earthwork Specification in Appendix B of the geotechnical report prepared for the project. During construction, grading of the site by the contractor shall adhere to grading plans approved by the City. The implementation of these measures shall be verified during field inspections. GEO -2 During the preparation of grading plans and prior Prior to issuance of City of to issuance of grading permits, the grading plans grading permits Newport shall stipulate that all fill shall consist of non- Beach expansive materials, moisture- conditioned to Building near optimum if cohesionless and to 130% of Department 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 specifications. GEO -3 During construction, to minimize the potential During construction City of for soil movement, the upper 24 inches of soil Newport within the building slab areas (garage slab, and Beach ramp) shall be replaced with 2 feet of crushed Building aggregate. Department GEO -4 Prior to construction of the parking area, a Prior to issuance of City of geotechnical engineer shall inspect the bottom of grading permits Newport the site excavation to verify that no additional Beach excavation is required to minimize impacts on Building the structural integrity of the buildings associated Department with expansive soils. GEO -5 During construction, if groundwater rises near or During construction City of above the proposed excavation during Newport construction, underwater construction and a Beach dewatering system shall be incorporated to Building minimize impacts to the structural integrity of Department the buildings. Hazards and Hazardous Materials HM -1 Prior to demolition of the office buildings on Prior to issuance of City of site, an asbestos - containing materials and lead- grading permits Newport based paint assessment shall be performed by a Beach Public qualified environmental professional and Works conducted in accordance with all federal, state, Department and local requirements, including those established by National Emissions Standards for Hazardous Air Pollutants guidelines and the Occupational Safety and Health Administration (OSHA). A report shall be furnished to the Building Department by said qualified environmental professional and shall outline the occurrence of hazardous materials on the project site. ■ If asbestos- containing materials are discovered during site investigations, all potentially friable asbestos - containing materials shall be removed in accordance with federal, state, and local laws and the National Emissions Standards for Hazardous Air Pollutants guidelines prior to building demolition or renovation that may disturb the materials. All demolition activities shall be undertaken in accordance with California Occupational Safety and Health Administration (Cal/OSHA) standards, contained in Title 8 of the California Code of Regulations (CCR), Section 1529, to protect workers from exposure to asbestos. Materials containing more than 1% asbestos are also subject to SCAQMD regulations. Demolition and the transport and disposal shall be performed in conformance with these federal, state, and local laws and regulations shall avoid significant exposure of construction workers and/or the public to asbestos- containing materials. ■ If lead -based paint is discovered during on- site investigations, all building materials containing lead -based paint shall be removed in accordance with Cal/OSHA lead in construction standard, Title 8, CCR 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead -based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the waste being disposed of Demolition and the transport and disposal shall be performed in conformance with these federal, state, and local laws and regulations shall avoid significant exposure of construction workers and/or the public to lead -based paint. HM -2 Prior to site plan approval, the City of Newport Prior to site plan City of Beach shall file a notice of Proposed approval Newport Construction or Alteration with FAA (FAA Beach Form 7460 -1) in accordance with Federal Planning Aviation Regulation (FAR) Part 77. Following Department FAA's aeronautical study of the project site, the proposed project shall comply with conditions of approval imposed or recommended by FAA. Subsequent to these findings, 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 prior to the issuance of building permits for the northern parcel. Noise N -1 All noise - producing project equipment and During final design City of vehicles using internal combustion engines shall and prior to plan Newport be equipped with mufflers, air -inlet silencers check approval Beach Code where appropriate, and any other shrouds, Enforcement shields, or other noise - reducing features in good operating condition that meet or exceed original City of factory specification. Mobile or fixed "package" Newport equipment (e.g., arc welders, air compressors) Beach shall be equipped with shrouds and noise control Building features that are readily available for that type of Department equipment. N -2 All mobile and fixed noise - producing equipment During grading, site City of used on the proposed project that is regulated for preparation, and Newport noise output by a local, state, or federal agency construction Beach Code shall comply with such regulation while in the Enforcement course of project activity. City of Newport Beach Building Department N -3 Electrically powered equipment shall be used During final design City of instead of pneumatic or internal and prior to plan Newport combustion - powered equipment, where feasible. check approval Beach Code Enforcement During grading, site preparation, and City of construction Newport Beach Building Department N -4 Mobile noise - generating equipment and During, grading, site City of machinery shall be shut off when not in use. preparation, and Newport construction Beach Code Enforcement City of Newport Beach Building Department N -5 Material stockpiles and mobile equipment During, grading, site City of staging, parking, and maintenance areas shall be preparation, and Newport located as far as practical from noise - sensitive construction Beach Code receptors. Enforcement City of Newport Beach Building Department N -6 Construction site and access roadspeed limits During, grading, site 1 City of shall be established and enforced during the preparation, and Newport construction period. construction Beach Code Enforcement City of Newport Beach Building Department N -7 The use of noise - producing signals, including During construction City of horns, whistles, alarms, and bells, shall be for Newport safety warning purposes only. Beach Code Enforcement City of Newport Beach Building Department N -8 No project - related public address or music During, grading, site City of system shall be audible at any adjacent receptor. preparation, and Newport construction Beach Code Enforcement City of Newport Beach Building Department N -9 The on -site construction supervisor shall have During final design City of the responsibility and authority to receive and and prior to plan Newport resolve noise complaints. A clear appeal process check approval Beach Code to the project proponent shall be established Enforcement prior to construction commencement that shall During grading, site allow for resolution of noise problems that preparation, and City of cannot be immediately solved by the site construction Newport supervisor. Beach Building Department EXHIBIT "B" Land Use Element Changes Table Anomaly Number Stafisficof Area - Land Use Designation Development Umit (So Development Limit other Additional Information 1 L4 MU -1-12 460,095 471 Hotel Rooms (not included in total square footage) 2 L4 MU -H2 1,060,146 3 L4 CO -G 734,641 4 L4 MU -H2 250,176 5 L4 MU -H2 32,500 6 L4 MU -1-12 46,044 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 -1-12 457,880 13 L4 CO -G 288,264 14 L4 CO- G /MU -H2 860,884 15 L4 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" CONDITIONS OF APPROVAL Newport Business Plaza 4699 Jamboree Road and 5190 Campus Drive 1. 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. 2. 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. 3. 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. 4. Redevelopment of the project site shall be in substantial conformance with the conceptual plans submitted with the application dated March 15, 2010, and on file with the Planning Department. 5. No permanent structures may be built within the limits of any easement within the property, unless otherwise approved by the Public Works Department. 6. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 7. 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. 8. 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. 9. 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, 10. Additional Public Works improvements, including street and alley reconstruction, work may be required at the discretion of the Public Works Inspector. 11. 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. 12. 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. 13. The applicant shall remove and reconstruct the existing concrete driveway and approach on Jamboree Road per City Standards. 14. The applicant shall remove and replace the existing disabled access ramp at Jamboree Road and Campus Drive to meet current City Standards. 15. The applicant shall install raised truncated domes in the channelizing median /island on the southwest corner of Campus Drive and Jamboree Road to meet current ADA standards. 16. The applicant shall remove and replace any damaged curb, gutter and sidewalk along the Jamboree Road and Campus Drive frontages. Limits of said replacement shall be determined by the City Public Works Inspector. 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. Each commercial unit shall be connected to its individual water meter and sewer lateral and cleanout located within the public right -of -way. If installed at a location that will be subjected to vehicle traffic, each water meter and sewer cleanout shall be installed with a traffic -grade box/frame and cover. 20. Each commercial unit shall be served with an individual water service and sewer lateral connection to the public water and sewer systems, unless otherwise approved by the Public Works Department and the Building Department. 21. Each commercial unit shall be served with individual gas and electrical service connection and shall maintain separate meters for the utilities. 22. 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. 23. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L. 24. The parking layout shall comply with City Standard #805 -L -A & B. Parking and circulation shall be subject to further review by the City Traffic Engineer. 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. 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. 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 Newport Business Plaza project including, but not limited to, the General Plan Amendment No. GP2008 -007, Planned Community Development Plan Amendment No. PD2009 -001, and Tentative Parcel Map No. NP2010 -006; and /or the City's related California Environmental Quality Act determinations, the certification of the Mitigated Negative Declaration and /or the adopted of a Mitigation Monitoring and Reporting Program 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. 30. Tentative Parcel Map No. NP2010 -006 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 NBMC. Mitigation Measures 31. 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 -7 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 11th day of January, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Curry, Selich, 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 12th day of January, 2011. City Clerk Newport Beach, California (Seal)