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HomeMy WebLinkAbout2033 - GENERAL PLAN AMENDMENT, ZONING CODE AMENDMENT, PLANNED COMMUNITY DEVELEOPMENT PLAN, ENVIRONMENTAL REVIEW - MUSEUM HOUSE - 850 San ClementeRESOLUTION NO. 2033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL CERTIFY ENVIRONMENTAL IMPACT REPORT NO. ER2016-002 AND APPROVE THE MITIGATION MONITORING AND REPORTING PROGRAM, GENERAL PLAN AMENDMENT NO. GP2015-001, PLANNED COMMUNITY DEVELOPMENT PLAN NO. PC2015-001, SITE DEVELOPMENT REVIEW NO. SD2016-001, TENTATIVE TRACT MAP NO. NT2016-001, TRAFFIC STUDY TS2015-004 AND DEVELOPMENT AGREEMENT NO. DA2016-001, FOR A 100 - UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT, AND REVOKE USE PERMIT NO. UP2005-017 AND MODIFICATION PERMIT NO. MD2004-059 LOCATED AT 850 SAN CLEMENTE DRIVE (PA2015-152) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Related California Urban Housing, LLC with respect to property located at 850 San Clemente Drive, and legally described as Parcel 2 of the Parcel Map, in the City of Newport Beach, County of Orange (County), State of California, as shown on a map recorded in Book 81, Pages 8 and 9 of Parcel Maps, in the office of the County Recorder of said County. 2. The project includes demolition of an existing 23,632 -square -foot Orange County Museum of Art (OCMA) building to accommodate the development of a 25 -story, 100 - unit residential condominium building with two levels of subterranean parking. The applicant requests the following approvals from the City of Newport Beach (City): • General Plan Amendment (GPA) — To amend Anomaly No. 49 to remove the property and to reduce the allowed development from 45,208 square feet to 21,576 square feet (Table LU2 and associated figures), and to change the land use designation for the property from Private Institutional (PI) to Multi -Unit Residential (RM -100) with a maximum development limit of 100 units. • Planned Community Development Plan Amendment (Zoning) — To change the San Joaquin Plaza Planned Community (PC) land use designation from Civic/Cultural/Professional/Office to Multi -Unit Residential. The PC amendment also includes new residential development standards including a 295 -foot height limit measured from finished grade. • Tentative Vesting Tract Map — To allow the 100 individual dwelling units to be sold separately as condominiums. • Site Development Review — To ensure site development is in accordance with the applicable planned community and zoning code development standards and Planning Commission Resolution No. 2033 Page 2 of 21 regulations pursuant to Newport Beach Municipal Code (NBMC) Section 20.52.080 (Site Development Reviews). • Traffic Study — To study potential traffic impacts pursuant to the City of Newport Beach Traffic Phasing Ordinance. • Development Agreement —To comply with NBMC Section 15.45.020 because the requested GPA includes 50 or more units. • Environmental Impact Report (EIR) — To address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals pursuant to the California Environmental Quality Act (CEQA). • Revoke Use Permit - To revoke Use Permit No. UP2005-017 (PA2005-086), which allows beer and wine sales at the museum. • Revoke Modification Permit - To revoke Modification Permit No. MD2004-059 (PA2004-184), which allows flagpoles/signage beyond that allowed by the NBMC. 3. The property is located within the PC -19 (San Joaquin Plaza) Zoning District and the General Plan Land Use Element category is PI (Private Institutional). 4. The property is not located within the coastal zone. 5. A study session was held on April 7, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to introduce the project to the Planning Commission. No action was taken at the study session. 6. A study session was held on September 1, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California to provide a project update to the Planning Commission and review the conclusions of the draft EIR. No action was taken at the study session. 7. A public hearing was held on October 20, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to CEQA, Public Resources Code Sections 21000, et seq., the State CEQA Guidelines (14 Cal. Code of Regulations, Sections 15000 et seq.), and City Council Policy K-3, it was determined that the project could have a significant adverse effect on the environment, and thus warranted the preparation of an EIR. 2. On February 5, 2016, the City, as lead agency under CEQA, prepared a Notice of Preparation (NOP) of the EIR and mailed that NOP to responsible and trustee public agencies, organizations and persons likely to be interested in the potential impacts of the proposed project, including any persons who had previously requested notice in writing. 03-03-2015 Planning Commission Resolution No. 2033 Page 3 of 21 3. On February 22, 2016, the City held a public scoping meeting to present the project and to solicit input from interested individuals, organizations, and responsible and trustee public agencies regarding environmental issues that should be addressed in the EIR. 4. A draft EIR (SCH No. 2016021023) (DEIR) was prepared in compliance with the CEQA, the State CEQA Guidelines, and City Council Policy K-3. 5. The draft EIR was circulated for a 45 -day comment period beginning on August 17, 2016 and ending on September 30, 2016. The draft EIR, comments, and responses to the comments were considered by the Planning Commission in its review of the project. 6. The Final EIR, consisting of the NOP, Initial Study, Draft EIR, Responses to Comments, Revisions to the Draft EIR, and Mitigation Monitoring and Reporting Program attached as Exhibits A and B, and incorporated herein by reference, were considered by the Planning Commission in its review of the proposed project. 7. The Final EIR identifies significant impacts to the environment which are unavoidable in the areas of Noise and Vibration and more specifically short-term construction - related noise impacts. 8. On the basis of the entire environmental review record, the project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse effects on the environment that would be caused by the project with the exception of short-term construction -related noise impacts. 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 (Exhibit B), which are attached hereto and incorporated herein by reference, are feasible and will reduce the potential environmental impacts, with the exception of short-term construction related noise, to a less than significant level. 9. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. 03-03-2015 Planning Commission Resolution No. 2033 Page 4 of 21 SECTION 3. REQUIRED FINDINGS. Amendments 1. Amendments to the General Plan and Zoning Code (Planed Community Development Plan) are legislative acts and neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. The requested GPA and resulting land use change are compatible with the surrounding existing uses and planned land uses identified by the General Plan because the project would introduce additional residential land uses in Newport Center which contains a mix of commercial and residential uses. The Newport Center area has a demand for additional residential development and additional residential units would support the existing retail, service, and office uses within Newport Center and Fashion Island area. 3. The requested GPA from PI to RM does not eliminate existing or future land uses to the overall detriment of the community given the site's size, location, and surrounding uses. Numerous PI designated properties are located throughout the City that could accommodate cultural institutions. Additionally, cultural institutions are allowed by right in eleven commercial and mixed-use zoning districts. 4. The requested GPA and resulting land use change is consistent with other applicable land use policies of the General Plan. Consistent with General Plan Goal LU6.14 for Newport Center, the project site is located in an area of Newport Center where multi- family uses are encouraged to produce opportunities to live close to jobs, commerce, entertainment, and recreation. The project site is also located in the northerly section of Newport Center making the proposed height consistent with Land Use Policy LU6.14.4, which directs development with the greatest building mass and height to be located in the northeasterly section of Newport Center along San Joaquin Hills Road. The size, density and character of the proposed dwelling units complement the existing land uses in the project area and include design elements consistent with Land Use Element Policy 5.1.9 (Character and Quality of Multi -Family Residential) that require multi -family dwellings to be designed to convey a high quality architectural character. 5. City Council Policy A-18 requires that proposed GPAs be reviewed to determine if a vote of the electorate would be required pursuant to Section 423 of the City Charter. If a GPA (separately or cumulatively with other GPA's within the previous 10 years) generates more than 100 peak hour trips (a.m. or p.m.), adds 40,000 square feet of non-residential floor area, or adds more than 100 dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the GPA. 6. This is the third GPA that affects Statistical Area L1 since the General Plan update in 2006. The amendment results in 100 additional dwelling units and there is no change in the square footage of non-residential floor area. The 100 additional units result in a 03-03-2015 Planning Commission Resolution No. 2033 Page 5 of 21 net increase of 30 a.m. and 33 p.m. peak hour trips based on the Trip Generation Study prepared by DKS Associates for the existing museum use and the High Rise Condominium use trip rates included in City Council Policy A-18. Including 80 percent of prior General Plan amendments, the proposed GPA results in a total increase of 16,800 square feet of nonresidential floor area, 30 a.m. peak hour trips, 33 p.m. peak hour trips, and 100 residential dwelling units for Statistical Area L1. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve GPA No. GP2015-001. 7. The proposed amendment to the PC -19 (San Joaquin Plaza) Zoning District meets the intent and purpose for a PC as specified in NBMC Section 20.56.010 (Planned Community District Procedures, Purpose). The property is located in the Newport Center area which includes a mixture of shopping, hotels, commercial support uses, professional offices, and residential developments. The development plan and standards are consistent with the surrounding development including the standards and allowed uses of the adjoining North Newport Center Planned Community. 8. The proposed amendment to the PC -19 (San Joaquin Plaza) Zoning would apply appropriate site and project specific setbacks, density, and height limits to the project site given the site's urban location and all required parking is provided onsite. The site is fully developed and does not support any natural resources and all potential environmental impacts associated with the project are appropriately addressed through standard building permit procedures and the mitigation measures identified in the Final EIR. 9. The future development of the property affected by the proposed amendments will be consistent with the goals and policies of the Land Use Element of the General Plan; and will be consistent with the purpose and intent of the proposed San Joaquin Plaza (PC) Zoning District of the NBMC. 10. A development agreement is requested by the applicant as the project would add 100 new residential dwelling units within Statistical Area L1 (Newport Center). The development agreement includes all the mandatory elements for consideration and public benefits that are appropriate to support conveying the vested development rights consistent with the General Plan, NBMC, and Government Code Sections 65864 et seq. 11. The public benefit in the proposed development agreement includes the payment of a public benefit fee in the amount of $71,100 per dwelling unit and the donation of the adjacent 0.9 -acre property located at 856 San Clemente Drive from the OCMA to the City. 03-03-2015 Planning Commission Resolution No. 2033 Page 6 of 21 Height Increase NBMC Section 20.30.060(C)(3) (Height Limits and Exceptions, Required Findings) requires findings to be made to adopt a Planned Community District with an increase in the height of the structure above the previous base height limit: _Finding: A. The project applicant is providing additional project amenities beyond those that are otherwise required. Examples of project amenities include, but are not limited to: i. Additional landscaped open space; ii. Increased setback and open areas.- iii. reas;iii. Enhancement and protection of public views. Facts in Surmort of Findin 1. The building design provides a high level of design with open space, landscape, residential amenities, and building setbacks that are similar or greater than those required on adjoining properties. The main building provides lot coverage of approximately 30 percent. The remaining portion of the site includes the service/emergency access drive, the motor court and a variety of open and useable plazas, land scaped/hardscape areas, planters, and a dog run. 2. The site design provides 32,261 square feet of outdoor common open space, much of it landscaped area (not including the motor court) where a total of 7,500 square feet are required (75 square feet/dwelling unit) under the RM development standards of the NBMC. 3. The main residential tower is set back a minimum of 36 feet from the front property line (San Clemente Drive), 34 feet from the right property line (adjacent to the office parking structure), 10 feet to the left property line (adjacent to the OCMA administration building site) and 42 feet to the rear property line (adjacent to the Villas at Fashion Island apartments). Parking level basement setbacks occur largely below grade and are not immediately visible from the street frontage along San Clemente Drive. They maintain a minimum 10 -foot setback except on the right side where the access road caisson wall in located along the property line adjacent to the office parking structure. 4. The property abuts properties located in the North Newport Center Planned Community to the north and east. The North Newport Center PC includes setbacks from streets, which are typically 15 feet. No interior setbacks standards are included and the placement of buildings and structures is reviewed during the Plan Review process for new structures. 5. The adjoining property developed with the OCMA administration building is in the San Joaquin Plaza Planned Community, which does not include required setbacks. 03-03-2015 Planning Commission Resolution No. 2033 Page 7 of 21 Building location and design is reviewed during the site development review process. The existing building is set back approximately 30 feet from the side property line. 6. The project does not affect existing public views from designated viewpoints or view corridors as shown in the view simulations and discussed in Chapter 5-01 (Aesthetics) of the Final EIR and does not detract from the character of the area. The overall project height is generally consistent with the height limit and existing building heights in the northerly section of Newport Center. 7. The subject property is located in the 300 -foot High Rise Height Area as depicted on Map H-1 High Rise and Shoreline Height Limitation of the NBMC. Although this height limit is applicable to nonresidential buildings, the type and design of a structure, and not only the use, are important in determining if its bulk and scale are appropriate for a particular location. In this case the residential highrise is well designed and is consistent with the 300 -foot high rise height limit and meets the intent of Land Use Element Policy LU 6.14.4 (Development Scale), which suggests, but does not limit that the greatest building mass and height should be concentrated in the northeastern section of Newport Center along San Joaquin Hills Road. Finding: B. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes; Facts in Support of Finding: 1. The exterior is comprised predominantly of stone and masonry with metal work details and glass windows. Massing offsets, variations of roofline, varied textures, recesses, articulation, and design accents on the elevations are integrated to enhance the building's architectural style. 2. The building fagade is designed to be compatible with surrounding retail, office and residential development in Newport Center. The architectural design provides a significant amount of articulation to fit with the context of surrounding buildings in the Newport Center area. Large scale features such as variation in floor size, multistory bay windows, balconies and terraces help to reduce the scale of the structure and to provide visual interest and variety. Mechanical equipment and elevator overrides are screened from view. Finding: C. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed structure(s) and existing adjacent developments or public spaces. Where appropriate, the proposed structure(s) provides a gradual transition to taller or shorter structures on abutting properties; and 03-03-2015 Planning Commission Resolution No. 2033 Page 8 of 21 .Fact in Support of Finding: Although the building is taller than the structures in the immediate vicinity it is not out of character with the structures in the northerly section of Newport Center which includes a mix of building types and heights. There are six existing buildings in the northern section of Newport Center that are greater than 200 feet in height. _Finding: D. The structure will have no more floor area than could have been achieved without the approval of the height increase. _Fact in Support of Finding: The proposed floor area for the project would conform to the dwelling unit and gross floor area limit established through the amended PC -19 (San Joaquin Plaza Planned Community Development Plan). Site Development Review A site development review is required for the construction of five or more residential units processed in conjunction with a tentative tract map. The site development review analyzes the project as a whole for compatibility with the site and surrounding land uses. In accordance with NBMC Section 20.52.080(F) (Site Development Review), the following findings and facts in support of a site development review are set forth: Finding: A. Allowed within the subject Zoning district; _Fact in Support of Findinq: The proposed Site Development Review for a 100 -unit condominium project is consistent with the proposed amendment to the San Joaquin Plaza Planned Community Development Plan that allows 100 residential units. ,Finding: B. In compliance with all of the applicable criteria in (NBMC Subsection 20.52.080(C) (2) (c)]: a. Compliance with this Section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure, b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent development; and whether the relationship is based on standards of good design; 03-03-2015 Planning Commission Resolution No. 2033 Page 9 of 21 C. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas,- d. reas;d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials, and f. The protection of significant views from public right(s)-of-way and compliance with [NBMC] Section 20.30. 100 (Public View Protections); and Facts in Support of Finding: 1. Refer to facts under Amendments, above that discuss the project's consistency with the proposed Multiple -Unit Residential (RM) General Plan land use designation and the proposed amendment to PC -19 (San Joaquin Plaza Planned Community Development Plan) Zoning District. 2. The project has been designed as 100 units with interior amenities and shared spaces within a 25 -story building that provides effective open space, light, and air for each unit. The project is integrated as a unified development through the use of similar architectural style and design elements, on-site parking, and adequate vehicular and pedestrian access to the site. 3. The building, including the relatively small footprint, is designed to be compatible with surrounding residential, office and office development in Newport Center and Fashion Island. The building architecture provides a stone and masonry exterior with large window openings, a textured stone base, masonry frames and detailed metalwork. Massing offsets, multi -story bay windows, balconies, varied textures, recesses, articulation, and design accents on all building elevations are integrated to enhance the overall architectural style of the building. 4. The height, bulk, and scale of the residential building are comparable to height limits on surrounding properties and existing building heights throughout the northern half of Newport Center. The building is designed to provide variation and modulation between visual interest, especially at higher floors. The front fagades include both vertical and horizontal offsets and utilize a variation of building materials to provide enhanced visual relief. The project's orientation toward Newport Center Drive and San Clemente Drive creates a cohesive and visual connection to the interior of Newport Center. 5. Mechanical equipment for the residential units have been located within enclosures at the roof level to reduce noise impacts and the enclosures will provide effective screening below the roof parapet level to minimize aesthetic impacts. 6. The project has been designed to avoid long term conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts. The podium wall provides a buffer between a portion of the top floor parking garage units and the adjacent commercial development to the east and west and the residential development to the north. 03-03-2015 Planning Commission Resolution No. 2033 Page 10 of 21 7. Walkways and egress are sufficient throughout the site as reviewed by the Building Division and the City Traffic Engineer. S. Pursuant to the Zoning Code, the project provides the required 200 residential parking spaces, and 50 guest parking spaces, which are provided entirely on-site. Additionally, the use of valet and the parking management increases the number of parking spaces. 9. Access to the site, on-site circulation, and parking areas are designed to provide standard -sized parking spaces, adequate drive aisles, and the minimum vehicle turning radius to provide safe access for residents and guests, emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. 10. The project's primary access would be at a new curb cut across from the intersection of San Clemente Drive and Santa Maria Road, and would include two main entry lanes and a guard station that would be setback from San Clemente Drive by approximately 60 feet. An exit lane would be adjacent to the entry lanes, though separated by a landscaped median and the guard station. The entry lanes would lead into a motor court that will be used for drop-off/pick-up of residents and guests, short-term parking, and pedestrian access to the building lobby. 11. Operationally, the project will provide 24-hour valet service to residents and guests. The use of valet will optimize the area available for parking and ensure all residents and guests can park on-site. The final valet/parking management plan is subject to the review and approval by the City Traffic Engineer. 12. The project does not change any street parking configurations as no parking is allowed on San Clemente Drive. The site design provides three curb cuts, one each for ingress and egress and one for emergency and delivery vehicle access. The project provides adequate sight distance at each driveway, as determined by the City Traffic Engineer. 13. Landscaping is provided throughout the site in areas that are not utilized by the existing units or areas for parking circulation. The project's perimeter and street landscaping will complement the street tree pattern, enhance the pedestrian experience, and soften the view of the building facade. The majority of setback areas are landscaped. A variation of ornamental groundcover, vines, shrubs, and trees are utilized to help soften and buffer the massing of the building and podium at ground level. 14. New street trees will be provided along San Clemente Drive. 15. The existing pedestrian sidewalk and bicycle lanes along the San Clemente Drive frontage are maintained and will connect future residents to Fashion Island and Newport Center's other commercial and entertainment opportunities. To further facilitate vehicle independence and pedestrian use of nearby resources, the project 03-03-2015 Planning Commission Resolution No. 2033 Page 11 of 21 includes storage for resident bicycles (two bicycles per unit) to take advantage of existing bicycle infrastructure within the City. 16. The project is subject to the City's Water -Efficient Landscape requirements (NBMC Chapter 14.17) and compliance will be confirmed at plan check prior to issuing building permits. 17. The proposed residential development provides a series of common outdoor living areas that includes pools, a dog run, open plazas, and landscaped seating. Half of the units provide private outdoor living space in the form of balconies or decks. 18. The site is visible from several coastal view roads including Avocado Avenue, Jamboree Road, MacArthur Boulevard and Newport Center Drive as identified by the General Plan. These roads have been designated as Coastal View Roads because portions of them offer views of the coast. In this case, although the project may be seen from portions of these designated coastal view roads; it will not block or obstruct views of the coast. As shown in in the view simulations and discussed in the analysis of the Aesthetics chapter of the DEIR, the project does not affect existing public views does not detract from the character of the area. The overall project height is consistent with the height limit on properties in the northern area of Newport Center and existing building heights on nearby blocks. Finding: C. The proposed development is not detrimental to the harmonious and orderly growth of the City, or endanger jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. Facts in Support of Finding: The residential project has been designed to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for both businesses and residents by providing an architecturally pleasing project with articulation and building modulations to enhance the urban environment consistent with development in Newport Center. 2. The proposed building has been designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. Emergency, refuse and delivery trucks will utilize the service entry drive that leads to parking level 1 at the easterly side of the property. The final size, design, location, and screening of the refuse enclosures will comply with the requirements of NBMC Section 20.30.120 (Solid Waste & Recyclable Materials Storage), ensuring compatibility with the on-site and adjacent uses. 03-03-2015 Planning Commission Resolution No. 2033 Page 12 of 21 3. The project, which would introduce approximately 224 new residents, would not impact the ability of public service providers, including police, fire protection, and emergency services, to meet standard levels or jeopardize the ability to meet existing response times. 4. The project redevelops an existing lot and introduces new residents into an area of Newport Beach with the intent of providing opportunities for residents to live in a pedestrian -friendly environment close to jobs, commerce, entertainment, and recreation. 5. While the project would generate new sources of light, the project site is located in the highly developed, urban Newport Center area that consists of substantial sources of light. Also, all exterior project lighting is required to comply with NBMC Section 20.30.070, which requires all outdoor lighting fixtures to be designed, aimed, located, and maintained to shield adjacent properties from light spillage. 6. The City has sufficient water supply to serve the project, which was accounted for in the City's 2015 Urban Water Management Plan (UWMP) water demand projections. Also, the project includes the installation of water -efficient fixtures in each unit to reduce water use and landscape irrigation systems designed with weather sensors, timers, and low -flow irrigation devices. 7. The project is within the notification area of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. However, the project is below the maximum transitional imagery surface heights, and thus the project is within the building height limits of the AELUP. The project site also falls outside the 60 dBA Community Noise Equivalent Level contour line established by the AELUP and would, therefore, not conflict with any land use compatibility issues related to noise. Finally, the project site does not fall within any of the AELUP Safety Zones, in which certain land uses have been identified as incompatible and restricted. 8. The project does not involve the use or manufacture of any hazardous substances that could impact nearby development. Moreover, project construction would comply with all applicable laws and regulations governing application and disposal of any hazardous materials discovered during construction. 9. Roof -top mechanical equipment for each unit is fully enclosed within an equipment screen and is not visible from the public right-of-way. 10. The new construction complies with all Building, Public Works, Fire Codes, City ordinances, and all conditions of approval. 03-03-2015 Planning Commission Resolution No. 2033 Page 13 of 21 Tentative Tract Map A tentative tract map is requested for residential condominium purposes, to create 100 condominium units. In accordance with NBMC Section 19.12.070 (Required Findings for Action on Tentative Maps), the following findings and facts in support of a tentative tract map are set forth: Finding: D. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with the applicable provisions of the Subdivision Map Act and the City Subdivision Code. Facts in Support of Finding: 1. Refer to facts under Amendments, above, that discuss the project's consistency with the proposed Multiple -Unit Residential (RM) General Plan land use designation. 2. The Tentative Tract Map provides for the development of residential condominium project located in a mixed-use area developed with residential, office and service/retail uses. 3. The Public Works Department has reviewed the proposed tentative map and found it consistent with the NBMC Title 19 (Subdivisions) and applicable requirements of the Subdivision Map Act. 4. Conditions of approval have been included to ensure compliance with NBMC Title 19 (Subdivisions). _Finding: E. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The site has a gentle sloping condition from the front (San Clemente Drive) towards the rear. The building design accommodates this slope by with a podium wall at the westerly and northerly sides that maintain 10 -foot setbacks. A caisson retaining wall along the easterly property line adjacent to the parking structure and a portion of the adjoining apartment development accommodates the design of the emergency/service access road. The site is safe and suitable for development. The site is not located in a flood zone. The geotechnical feasibility study and geotechnical report provides additional recommendations for construction of the project. Additional analysis of the structural design will be completed prior to the issuance of building permits. 03-03-2015 Planning Commission Resolution No. 2033 Page 14 of 21 2. The approximate two acre site is large enough to accommodate 100 units while providing sufficient landscape, setback and useable open space areas as well as vehicle access and guest parking areas that meet applicable standards. The existing developed site is devoid of natural resources, and it is located in an area that provides adequate access to roadways and utilities. 3. The General Plan designates the properties to north as mixed-use and an apartment community is currently under construction. Other multi -family residential uses are been developed in the Newport Center area and have proven suitable for the area. Finding: F. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision-making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: Under existing conditions, the project site and surrounding land areas are fully developed with urban uses and do not contain sensitive biological resources. The on-site vegetation is ornamental in nature, including trees and shrubs, groundcover, and vines growing on the existing building's facades and screen walls. Compliance with standard construction practices including avoiding removal of trees and vegetation during nesting season will ensure protection of any indigenous or migratory nesting birds during the construction. 2. No natural drainages traverse the property and no potential jurisdictional waters or wetlands areas are present on or immediately adjacent to the site. 3. An EIR (SCH No. 2016021023) was prepared for the proposed project. On the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment, with the exception of temporary construction noise, with the incorporation of mitigation measures for air quality, cultural resources, geology and soils. The mitigation measures identified in the Final EIR are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applicable to the project through the MMRP (Exhibit B). Finding: G. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 03-03-2015 Planning Commission Resolution No. 2033 Page 15 of 21 Facts in Support of Finding 1. At full build -out, air quality and greenhouse gas (GHG) emissions associated with construction of the project will be less than significant, as documented in the Final EIR. 2. Mitigation measures identified in the Final EIR reduce potential impacts associated with air quality, cultural resources and geology and soils to a level of less than significant. 3. Although a significant unavoidable impact related to construction noise has been identified, mitigation measures have been included to reduce the impact as much as feasibly possible. The impact is short term and no long term or permanent impacts related to noise have been identified. 4. No evidence is known to exist that would indicate that the subdivision pattern will generate any serious public health problems. 5. All construction for the project complies with Building, Public Works, and Fire Codes. Public improvements will be required of the developer per NBMC Section 19.28.010 and Section 66410 et seq. of the Subdivision Map Act. This project shall comply with all ordinances of the City and all conditions of approval. Finding: H. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision-making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding 1. Public improvements, consisting of the reconstruction of the curb, gutter, and sidewalks, three curb cuts along the San Clemente Drive frontage, and street trees along San Clemente Drive will be required of the applicant per the NBMC and the Subdivision Map Act. Sewer and water connections will be provided for the project as approved by the Public Works Department. 2. The existing sewer easement is no longer necessary and will be abandoned. The existing water easement will be abandoned and a new water easement, integrated into the design of the project, will be established. 03-03-2015 Planning Commission Resolution No. 2033 Page 16 of 21 .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. .Fact in Support of Finding: The project site does not contain prime farmland, unique farmland, or farmland of statewide importance and no portion of the project site is covered by a Williamson Act contract. _Finding: J. That, in the case of a "land project' as defined in Section 11000.5 of the California Business and Professions Code. (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision-making body finds that the proposed land project is consistent with the specific plan for the area. Fact in Support of Finding: California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this project site is not considered a "land project' as previously defined in Section 11000.5 of the California Business and Professions Code because the project site does not contain 50 or more parcels of land nor is it located within the boundaries of a specific plan. .Finding: K. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Fact in Support of Finding: The proposed Tentative Tract Map and improvements 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 Community Development Department enforces Title 24 compliance through the plan check and inspection process. Finding: 03-03-2015 Planning Commission Resolution No. 2033 Page 17 of 21 L. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. _Fact in Support of Finding: There are no existing dwelling units on the project site. Rather, the proposed project includes the construction of 100 new condominium units to contribute to the City's population needs, and 100 units above what is included in the General Plan. The applicant will be responsible for the payment of appropriate traffic fair share, San Joaquin Transportation Corridor, park, and development agreement public benefit fees for the development of these new dwelling units as conditions of approval. Finding: M. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: 1. A National Pollutant Discharge Elimination System (NPDES) permit is required from the Regional Water Quality Control Board (RWQCB) for the proposed construction activities. A permit is required for all construction activities that include clearing, grading, and/or excavation that disturb at least one acre of total land area. Additionally, a Water Quality Management Plan (WQMP) has been prepared, pursuant to the requirements of the NPDES permit. 2. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality Control Program involves the preparation and implementation of a SWPPP for construction -related activities, which would specify the Best Management Practices (BMPs) that the project would be required to implement during construction activities to ensure that all potential pollutants of concern (including sediment) are prevented, minimized, and/or otherwise appropriately treated prior to being discharged from the subject property. 3. Sewer connections have been conditioned to be installed per City Standards, the applicable provisions of NBMC Chapter 14.24 (Sewer Connection, Permits), and the latest revision of the Uniform Plumbing Code. 4. The sewer analysis determined that a 12 -inch vitrified clay pipe (VCP) sewer line would be needed to replace the existing 8 -inch VCP in the downstream reach in Santa Barbara Drive. Thus, the project would install a 12 -inch VCP sewer pipe at this location to connect with the Orange County Sanitization District sewer system. With 03-03-2015 Planning Commission Resolution No. 2033 Page 18 of 21 this improvement, there will be adequate sewer system capacity to serve the requirements of the project. _Findin N. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Fact in Support of Finding: The project site is not located within the Coastal Zone. Traffic Study In accordance with NBMC Section 15.40.030(A) Traffic Phasing Ordinance (TPO), the following findings and facts in support of such findings are set forth: .Finding: A. That a traffic study for the project has been prepared in compliance with this chapter (15.40] and Appendix A. Facts in Support of Finding: 1. A traffic study, titled "Traffic Impact Analysis, OCMA — Residential Project, City of Newport Beach" dated April 29, 2016, was prepared by DKS Associates under the supervision of the City Traffic Engineer. The analysis included a project trip generation study to establish existing trip generation for the museum. A supplemental traffic analysis dated July 15, 2016, was also prepared that studied five additional intersections. Both studies were prepared and reviewed for compliance with NBMC Chapter 15.40 (Traffic Phasing Ordinance). 2. Based on the proposed project description, the proposed project is anticipated to generate approximately 418 average daily trips where the existing museum use generates 108 average daily trips. Since the net increase exceeds 300, a TPO study has been completed. No significant impacts related to traffic have been identified. _Finding: G That, based on the weight of the evidence in the administrative record, including the traffic study, one of the findings for approval in subsection (8) can be made: 03-03-2015 Planning Commission Resolution No. 2033 Page 19 of 21 Facts in Support of Finding: Construction of the project is anticipated to be completed in 2020. If the project is not completed within 60 months of receiving, preparation of a new traffic study is required. The traffic study included fifteen study intersections plus five additional intersections in the supplemental traffic analysis were analyzed for potential impacts based on the City's Intersection Capacity Utilization methodology. Intersections under the jurisdiction of Caltrans were analyzed for potential impacts using the Highway Capacity Manual methodology. Utilizing these methodologies, the traffic study determined that the 18 intersections identified will continue to operate at satisfactory levels of service as defined by the TPO. ,Finding: H. That the project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection. Fact in Support of Finding: No improvements or mitigation are necessary because implementation of the proposed project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City of Newport Beach. RPvnrntinn Revocation of Use Permit No. 2005-017 is requested by the applicant. Use Permit No. 2015- 017 allowed beer and wine sales at the museum. Revocation of Modification Permit No. MD2004-059 which allowed additional flagpoles/signage beyond that allowed by the NBMC is also requested by the applicant. In accordance with NBMC Section 20.68.050(B)(4)(a) (Review Authority's Action), the following finding and fact in support of the revocation are set forth: ,Finding: The permit or approval was issued in error or circumstances under which the permit or approval was granted have been modified to an extent that one or more of the findings that justified the original approval can no longer be made and the public health, safety, and welfare require the revocation or modifications. Fact in Support of Finding: The property is subject to changed circumstances (General Plan amendment to RM) under which the site will no longer be improved with the infrastructure and occupied by a use contemplated by UP2005-017 and MD2004-059. 03-03-2015 Planning Commission Resolution No. 2033 Page 20 of 21 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends the City Council of the City of Newport Beach certify Environmental Impact Report No. ER2016-002 (SCH No. 2016021023) as depicted in Exhibit "A" , which consists of the notice of preparation, initial study, environmental analysis, alternatives analysis, appendices, responses to comments, and revisions to the draft EIR. 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council of the City of Newport Beach approve the Mitigation Monitoring Report Program as depicted in Exhibit "B" of this resolution. 3. The Planning Commission of the City of Newport Beach hereby recommends the City Council of the City of Newport Beach approve General Plan Amendment No. GP2015- 001 as depicted in Exhibit "C," To remove the property from Anomaly No. 49 (Table LU2 and associated figures), change the land use category from Private Institutional (PI) to Multi -Unit Residential (RM -100) with a maximum development limit of 100 units and reduce the allowed in Anomaly No 49 to 21,576 square feet. 4. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Planned Community Development Plan Amendment No. 2015-001 (Zoning) as depicted in Exhibit "D" to change the San Joaquin Plaza Planned Community (PC) land use designation from Civic/Cultural/Professional/Office to Multi - Unit Residential and revise the development standards to accommodate the proposed residential development. 5. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Development Agreement No. DA2016-001, as set forth in Exhibit "E." 6. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Site Development Review No. SD2016-001 and Tentative Tract Map No. NT2016-001, as set forth in Exhibit "F", subject to the conditions of approval set forth in Exhibit "G." 7. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Traffic Study No. TS2015-004. 8. The Planning Commission of the City of Newport Beach hereby recommends City Council revocation of Use Permit No. UP2005-017 and Modification Permit No. MD2004-059, with each revocation effective upon the issuance of a demolition and/or grading permit. 03-03-2015 Planning Commission Resolution No. 2033 Page 21 of 21 PASSED, APPROVED, AND ADOPTED THIS 20th DAY OF OCTOBER, 2016. AYES: Dunlap, Hillgren, Koetting, Kramer, Lawler, Zak, Weigand NOES: None ABSTAIN: None ABSENT: None M 03-03-2015 Planning Commission Resolution No. 2033 Exhibit "A" Environmental Impact Report EIR SCH No. 2016021023 Notice of Preparation Initial Study Environmental Analysis Alternatives Analysis Appendices Responses to Comments Revisions to Draft EIR (Available separate due to bulk) http://www.newportbeachca.qov/index.aspx?page=1347 03-03-2015 Planning Commission Resolution No. 2033 Exhibit "B" Mitigation Monitoring Report Program 03-03-2015 Planning Commission Resolution No. 2033 October 2016 1 Mitigation Monitoring and Reporting Program State Clearinghouse No. 2016021023 MUSEUM HOUSE PROJECT for City of Newport Beach Prepared for: City of Newport Beach Contact: Gregg Ramirez, Senior Planner 100 Civic Center Drive Newport Beach, California 92660 949.644.3219 gramirez@newportbeachca.gov Prepared by: PlaceWorks Contact: JoAnn Hadfield, Principal, Environmental Services 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 714.966.9220 info@placeworks.com www.placeworks.com Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Section Page 1. MITIGATION MONITORING AND REPORTING PROGRAM.........................................................1 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM ............................1 1.2 PROJECT LOCATION....................................................................................................................................... 2 1.3 PROJECT SUMMARY......................................................................................................................................... 3 List of Tables Table 1 Mitigation Monitoring Requirements..................................................... Planning Commission Resolution No. 2033 This pa intentionally left blank. Planning Commission Resolution No. 2033 1. Mitigation Monitoring and Reporting Program 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program has been developed to provide a vehicle by which to monitor mitigation measures and conditions of approval outlined in the Museum House Draft Environmental Impact Report (DEIR), State Clearinghouse No. 2016021023. The Mitigation Monitoring and Reporting Program (MMRP) has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of Newport Beach Monitoring Requirements. Section 21081.6 states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. The State CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring program must be designed to ensure compliance during project implementation. The City of Newport Beach is the lead agency for the Museum House project and is therefore responsible for implementing the MMRP. The MMRP has been drafted to meet the requirements of Public Resources Code Section 21081.6 as a fully enforceable monitoring program. The MMRP consists of the mitigation program and the measures to implement and monitor the mitigation program. The MMRP defines the following for the mitigation measure outlined in Table 1, Mitigation Monitoring Requirements: Planning Commission Resolution No. 2033 ■ Definition of Mitigation. The mitigation measure contains the criteria for mitigation, either in the form of adherence to certain adopted regulations or identification of the steps to be taken in mitigation. ■ Responsible Party or Designated Representative. Unless otherwise indicated, the project applicant is the responsible party for implementing the mitigation, and the City of Newport Beach or a designated representative is responsible for monitoring the performance and implementation of the mitigation measures. To guarantee that the mitigation measure will not be inadvertently overlooked, a supervising public official acting as the Designated Representative is the official who grants the permit or authorization called for in the performance. Where more than one official is identified, permits or authorization from all officials shall be required. ■ Time Frame. In each case, a time frame is provided for performance of the mitigation measure or review of evidence that mitigation has taken place. The performance points selected are designed to ensure that impact -related components of project implementation do not proceed without establishing that the mitigation is implemented or ensured. All activities are subject to the approval of all required permits from local, state, and federal agencies with permitting authority over the specific activity. The numbering system in Table 1 corresponds with the numbering system used in the DEIR. The last column of the MMRP table will be used by the parties responsible for documenting when implementation of the mitigation measure has been completed. The ongoing documentation and monitoring of mitigation compliance will be completed by the City of Newport Beach. The completed MMRP and supplemental documents will be kept on file at the City of Newport Beach Community Development Department Planning Division. 1.2 PROJECT LOCATION The City of Newport Beach is in the western part of Orange County in Southern California. The City is bordered by Huntington Beach to the northwest, Costa Mesa to the north, Irvine to the northeast, and unincorporated areas (Crystal Cove State Park) of Orange County to the southeast. Regional access to the City is provided by various freeways, including Interstate 405 which runs north to south across the southern California region and intersects State Route 73 (San Joaquin Hills Transportation Corridor) and State Route 55. State Route 55 also runs north to south and terminates in the City of Costa Mesa. State Route 73 runs along the northwestern boundary of the City limits and connects with Interstate 5 further south in Laguna Niguel. Highway 1, also known as East/West Coast Highway, runs near the southeastern boundary of Newport Beach. The project site is located in Newport Center, which includes residential, hospitality, and high- and low-rise office buildings surrounding the Fashion Island regional mall. The site itself is approximately two acres (86,942 square feet) and is located at 850 San Clemente Drive in Newport Center (Assessor's Parcel Number 442-261-05). The project site is generally bounded by Santa Cruz Drive to the east, Santa Barbara Drive to the west, San Joaquin Hills Road to the north, and San Clemente Drive to the south. Planning Commission Resolution No. 2033 1.3 PROJECT SUMMARY A 25 -story condominium tower is proposed for the approximately two -acre site and would consist of 100 for -sale residential units and a two-level subterranean garage. The tower footprint would measure approximately 75 feet by 220 feet, with floors becoming progressively smaller at higher levels. The building would be located in the northeastern portion of the site and angled so that the lobby entrance faces San Clemente Drive. From finished grade of the main building entry point at approximately 187 feet above mean sea level (amsl) to the roof of the highest portion of the tower, which includes the mechanical equipment and elevator overrun, the tower is expected to be 482 feet amsl. Therefore, the tower itself, from finished grade of the main building entry point to the top of the tower would be 295 feet. Each residential floor would be approximately 11 feet in height. The 100 residential units would consist of 54 two-bedroom units with 3 baths, and 46 three-bedroom units with 4 baths, ranging in size from approximately 1,800 to 6,000 square feet. The number of units per floor would range from three on the upper levels to five on the lower floors. All units would include private balconies. Architectural Features The Museum House tower would be designed as a Leadership in Energy and Environmental Design (LEED) Silver -certified building. The tower would be built with a textured stone base, masonry frames and pilasters, delicate metalwork details, and a predominantly stone and masonry exterior with large window openings. Larger -scale elements, such as multistory bay windows with French balconies and inset terraces, help define the massing in a residential manner, and multistory window groupings and large terraces at the uppermost floors create a finished cap to the building. All mechanical equipment and elevator overruns would be enclosed at the top floor. Common Area Amenities The proposed common area amenities would be located on Levels 1 and 2, and include both indoor and outdoor spaces. Common areas on the ground floor (level 1) could include a main lobby, bar and lounge, dining room and foyer, screening room, library, conservatory, and outdoor open space. The outdoor amenities may include a garden, lawn area, and a fountain plaza in the northern and northwestern portions of the project site, and dog run lawn along the southeastern site boundary. Level 2 is envisioned to have additional indoor common areas, which may include, but are not limited to, a lounge, fitness center and spa, billiards room, kid's playroom, party/event room, business center, and resident services. Outdoor spaces could include two amenity decks on each side of the building with a pool and garden terrace, an infinity edge pool, outdoor kitchen and barbecue area, and indoor space. An outdoor roof terrace is planned on the 25th floor. Planning Commission Resolution No. 2033 Site Circulation and Parking Parking The proposed project would include 200 resident and 50 guest parking spaces, the majority of which would be in a two-level subterranean garage. Residential parking would be provided entirely in the underground garage. Guest parking would be available at the surface level (12 spaces) and underground garage (38 spaces). Valet parking for guests and residents would be used on a full-time basis. Vehicular Circulation Primary vehicular access to the site would be at the T -intersection of San Clemente Drive and Santa Maria Road, with secondary service access from a new San Clemente Drive curb cut near the project's southeastern boundary. Two main entry lanes would gain access to the property through a guard station and gate, which would be set back about 60 feet from the property line. One exit lane, separated by a landscaped median, would be adjacent to the entry lanes. The proposed entry lanes would lead into a motor court that could be used for drop-off/pick-up, short-term parking, and pedestrian access to the building lobby. The motor court would also provide access to the project's underground parking areas via ramps along the western edge of the site. The eastern side of the site, east of the proposed residential tower, would be improved with a fire lane and loading zone for delivery vehicles ending as a partially underground dead-end. Pedestrian Circulation Primary pedestrian access to the site would be from San Clemente Drive to the motor court and the lobby entrance on the western building facade. A five -foot -wide walkway along the service lane east of the building would provide secondary pedestrian access. Table 1 Mitiaation Monitorina Requirements Measure 5.2 AIR QUALITY Planning Commission Resolution No. 2033 Monitor Responsibility for Responsibility for (Signature Required) 2-1 During construction, the construction contractor(s) shall require Project Applicant; During building plan City of Newport Beach the use of interior paint with 0 grams per liter (g/L) of volatile Construction Contractor check and construction Community Development organic compounds (VOC) (i.e., zero VOC paint). Paints that Construction Contractor Department — Building emit less than the low-VOC limits of South Coast Air Quality Division Management District (SCAQMD) Rule 1113 are known as "super -compliant paints." A list of super -compliant VOC coating manufacturers is available at SCAQMD's website (hftp://www.aqmd.gov/prdas/brochures/paintguide.html). Use of super -compliant interior paints shall be noted on building plans. 2-2 The construction contractor(s) shall limit the daily amount of Project Applicant; During grading and City of Newport Beach debris haul trips during the project's building demolition and Construction Contractor construction Community Development asphalt demolition phases to a maximum of 17 truckloads per Department — Building day (34 truck trips per day) or a total overall daily haul truck Division miles traveled of 680 miles. These requirements shall be noted on all construction management plans and truck trips and mileage shall be documented. 5.3 CULTURAL RESOURCES 3-1 Prior to the issuance of grading permits, the project applicant Project Applicant; Prior to issuance of City of Newport Beach shall demonstrate to the Community Development Department Certified Archaeologist; grading permits Community Development that an Orange County—certified professional archaeologist has Construction Contractor Department — Planning been retained to monitor any potential impacts to archaeological Division resources throughout the duration of any ground -disturbing activities at the project site. The qualified archeologist shall be present at the pregrade meeting to discuss the monitoring, collection, and safety procedures of cultural resources, if any are found. If subsurface cultural resources are discovered during ground - disturbing activities, the construction contractor shall ensure that all work stops within 25 feet of the find until the qualified archeologist can assess the significance of the find and, if necessary, develop appropriate treatment or disposition of the resources in consultation with the City of Newport Beach and a representative of the affected Native American tribe (Gabrieleno or Juaneno). The archeological monitor shall have the authority to halt any project -related activities that may adversely impact Planning Commission Resolution No. 2033 Table 1 Mitigation Monitoring Requirements Mitigation Measure Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) Date of Compliance potentially significant archaeological resources. Suspension of ground disturbances in the vicinity of the discoveries shall not be lifted until an archeological monitor has evaluated the discoveries to assess whether they are classified as significant cultural resources, pursuant to the California Environmental Quality Act and, if determined to be significant, to develop an appropriate treatment or disposition plan. As required by General Plan Policy HR 2.4, any scientifically valuable materials will be donated to a responsible public or private institution with a suitable repository, located within Newport Beach or Orange County, whenever possible. 3-2 Prior to the issuance of grading permits, the project applicant Project Applicant; Prior to issuance of City of Newport Beach shall demonstrate to the Community Development Department Certified Paleontologist grading permits Community Development that an Orange County—certified professional paleontologist has Department — Planning been retained to monitor any potential impacts to Division paleontological resources throughout the duration of any ground -disturbing activities at the project site. The paleontologist shall develop and implement a Paleontological Mitigation Plan, which shall include the following minimum elements: ■ All earthmoving activities eight feet or more below the current surface shall be monitored full-time by a qualified paleontological monitor. ■ If fossils are discovered, the paleontological monitor has the authority to temporarily divert work within 25 feet of the find to allow recovery of the fossils and evaluation of the fossil locality. • Fossil localities shall require documentation, including stratigraphic columns and samples for micropaleontological analyses and for dating. ■ Fossils shall be prepared to the point of identification and evaluated for significance. ■ Significant fossils shall be cataloged and identified prior to being donated to an appropriate repository. • The final report shall interpret any paleontological Planning Commission Resolution No. 2033 Table 1 Mitigation Monitoring Requirements Mitigation Measure Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) Date of Compliance resources discovered in the regional context and provide grading permits Community Development the catalog and all specialists' reports as appendices. Department — Building An executed curation agreement shall be part of the plan, and Division the project proponent shall bear all expenses of the mitigation program, including curation of materials meeting significance criteria. 3-3 During construction activities, the project applicant shall allow Project Applicant During grading and City of Newport Beach representatives of cultural organizations, including Native construction Community Development American tribes (i.e., Gabrieleno Band of Mission Indians), to Department — Planning access the project site on a volunteer basis to monitor grading Division and excavation activities. 5.4 GEOLOGY AND SOILS 4-1 Given that the project would require excavation extending to the Project Applicant Prior to issuance of City of Newport Beach property line, shoring is required to support subterranean grading permits Community Development excavation. Prior to issuance of grading permits, the City of Department — Building Newport Beach Building Division shall confirm that the grading Division plans include the shoring requirements detailed in the project's geotechnical study. Cantilever, tied -back or internally braced shoring systems can be used for the subterranean excavation. Cantilever shoring systems are typically limited to a maximum retained height of 15 feet. Tied -back shoring walls will require a temporary or permanent easement from the adjacent property owners and the City of Newport Beach. The shoring system shall be designed to resist a uniform pressure equal to 25 pounds per square foot (psf). An allowable passive earth pressure of 200 psf per foot of depth below the bottom of the excavation shall be used for design of the shoring system. The residential tower would be located approximately 26 feet from the property line. Therefore, it may be possible to excavate to the subgrade elevation without the use of shoring. Temporary slope in the marine terrace deposit may be excavated at slopes where the proportion of the height of the rise is less than or equal to the length of the slope (1 H:1 V). Alternatively, sloped excavations may be used to reduce the height of the shored Planning Commission Resolution No. 2033 Table 1 Mitigation Monitoring Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring Date of Compliance excavation. In the case, the earth pressures above may be increased and will be handled on a case by case basis when the height of the sloped excavation is known. All shoring and excavation shall comply with current Occupational Safety and Health Administration regulations and observed by the designated competent person on site. 4-2 The bedding zone is defined as the area containing the material Project Applicant Prior to issuance of City of Newport Beach specified that is supporting, surrounding, and extending to one grading permits Community Development foot above the top of any proposed utility pipes. During grading Department — Building and construction plan reviews, the City of Newport Beach Division Building Divisions shall confirm that the project's proposed bedding satisfies the requirements of the Standard Specifications for Public Works Construction (SSPWC) Section 306-1.2.1. There shall be a 4 -inch minimum of bedding below the pipe and 1 -inch minimum clearance below a projecting bell. There shall be a minimum side clearance of 6 inches on each side of the pipe. Bedding material shall be sand, gravel, crushed aggregate, or native free -draining material having a sand equivalent of not less than 30, or other material approved by the engineer. Materials used for the bedding zone shall be placed and compacted with light mechanical means to reduce the potential of damaging the pipe; jetting shall not be allowed. 4-3 Backfill shall be considered as starting 12 inches above the Project Applicant; Prior to issuance of City of Newport Beach pipe. On-site excavated materials are suitable as backfill. Construction Contractor grading permits and Community Development During construction activities, any boulders or cobbles larger during construction Department — Building than three inches in any dimension shall be removed before Division backfilling. All backfill shall be placed in loose lifts not exceeding 6 to 8 inches in thickness and be compacted to at least 90 percent relative compaction. The upper 12 inches below pavement shall be compacted at least to 95 percent relative compaction. Mechanical compaction will be required to accomplish compaction above the bedding along the entire pipeline alignments. In backfill areas, where mechanical compaction of soil backfill is impractical due to space constraints, sand -cement slurry may be substituted for compacted backfill. The slurry shall contain Planning Commission Resolution No. 2033 Table 1 Mitigation Monitoring Requirements Mitigation Measure Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) Date of Compliance one sack of cement per cubic yard and have a maximum slump demolition or Community Development residents or businesses within 500 feet of the project site of 5 inches. When set, such a mix typically has the consistency Department — Building regarding the planned construction activities. The notification of hard compacted soil and allows for future excavation. shall include a brief description of the project, the activities that A lean non -shrink concrete plug with a minimum width length of occur. The notification shall also include the telephone number 3 feet shall be placed in the utility trenches at the location where of the construction contractor's authorized representative to off-site utilities enter the project boundaries to minimize the respond in the event of a vibration or noise complaint. potential for off-site water flow onsite. 9-2 Prior to the beginning of construction activities, a sign shall be Project Applicant; Prior to construction City of Newport Beach 4-4 All foundation excavations shall be observed and/or tested by Project Applicant; During grading and City of Newport Beach the project applicant's geotechnical consultant before placement Geotechnical construction Community Development of concrete to verify that the foundations would be supported in Consultant Department — Building competent soils. If soft or loose soils are encountered at the Division subgrade level, the soils shall be removed or brought to a near - optimum moisture content (±2 percent), recompacted, and tested to a minimum of 95 percent relative compaction prior to placement of fill or footing or floor slab construction. Only granular soils shall be used for compacted fill. Mat foundations may also derive lateral load resistance from passive resistance along the vertical sides of the foundations. Therefore, an ultimate passive fluid pressure of 350 pounds per cubic foot (pcf) shall be used. It is recommended that an ultimate sliding friction coefficient of 0.45 to be used for design. Passive and sliding resistance may be used in combination without reduction. The required factor of safety is 1.5 for static loads and 1.1 for wind or seismic loads. 5.9 NOISE 9-1 At least 30 days prior to commencement of demolition or any Project Applicant; At least 30 days prior to City of Newport Beach other construction activities, notification shall be given to all Construction Contractor demolition or Community Development residents or businesses within 500 feet of the project site construction Department — Building regarding the planned construction activities. The notification Division shall include a brief description of the project, the activities that would occur, the duration and hours when construction would occur. The notification shall also include the telephone number of the construction contractor's authorized representative to respond in the event of a vibration or noise complaint. 9-2 Prior to the beginning of construction activities, a sign shall be Project Applicant; Prior to construction City of Newport Beach Planning Commission Resolution No. 2033 Table 1 Mitigation Monitoring Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Im lementation Timing Monitoring Date of Compliance posted at the entrance to the job site, clearly visible to the Construction Contractor Community Development public, that contains a contact name and telephone number of Department — Building the construction contractor's authorized representative to Division respond in the event of a vibration or noise complaint. If the authorized representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City of Newport Beach's Community Development Director. 9-3 Route all construction -related trips (including worker Project Applicant; During grading and City of Newport Beach commuting, material deliveries, and debris/soil hauling) so as to Construction Contractor construction Community Development minimize pass-bys or residential areas around the project site. Department — Building Division 9-4 All heavy construction equipment used on the proposed project Project Applicant; During grading and City of Newport Beach shall be maintained in good operating condition, with all internal Construction Contractor construction Community Development combustion, engine -driven equipment fitted with intake and Department — Building exhaust muffles, air intake silencers, and engine shrouds no Division less effective than as originally equipped by the manufacturer. 9-5 Electrically powered equipment instead of pneumatic or internal Project Applicant; During grading and City of Newport Beach combustion powered equipment shall be used to the extent Construction Contractor construction Community Development possible. Department — Building Division 9-6 All stationary noise -generating equipment shall be located as far Project Applicant; During grading and City of Newport Beach away as possible from neighboring property lines; with particular Construction Contractor construction Community Development attention paid to the residential complex (currently under Department — Building construction) to the north of the project site. Division 9-7 Limit all internal combustion engine idling both on the site and at Project Applicant; During grading and City of Newport Beach nearby queuing areas to no more than five (5) minutes for any Construction Contractor construction Community Development given vehicle or machine. Signs shall be posted at the job site Department — Building and along queueing lanes to reinforce the prohibition of Division unnecessary engine idling. 9-8 The use of noise producing signals, including homs, whistles, Project Applicant; During grading and City of Newport Beach alarms, and bells will be for safety warning purposes only. Use Construction Contractor construction Community Development smart back-up alarms, which automatically adjust the alarm Department — Building level based on the background noise level, or switch off back-up Division alarms and replace with human spotters. Planning Commission Resolution No. 2033 Table 1 Mitigation Monitoring Requirements Mitigation Measure Responsibility for Im lementation Timing Responsibility for Monitoring Monitor (Signature Required) Date of Compliance) 9-9 A temporary noise barrier/curtain shall be erected between the Project Applicant; During building plan City of Newport Beach construction zone and adjacent residential receptors to the Construction Contractor check and grading and Community Development north of the project site boundary. The temporary sound barrier construction Department — Building shall have a minimum height of 16 feet and be free of gaps and Division holes and must achieve a Sound Transmission Class (STC) of 35 or greater. The barrier can be (a) a %-inch-thick plywood wall OR (b) a hanging blanket/curtain with a surface density of at least 2 pounds per square foot. For either configuration, the construction side of the barrier shall have an exterior lining of sound absorption material with a Noise Reduction Coefficient (NRC) rating of at least 0.7. 5.13 TRANSPORTATION AND TRAFFIC 13-1 Prior to issuance of building permits, the project applicant shall Project Applicant; Prior to issuance of City of Newport Beach prepare a construction traffic management plan to be submitted Construction Contractor building permits Traffic Engineer and approved by the City of Newport Beach Traffic Engineer. At a minimum, the construction traffic management plan shall include the following: ■ Provide detail on planned lane closures, including scheduling and duration; • Detail applicable lane closure restrictions during peak hours and holiday periods and noticing to surrounding property owners and tenants; • Provide measures to prevent blocking of surrounding property access points (due to construction vehicle queuing, etc.); • Document specific off-site parking locations for construction workers; ■ Project phasing; • Parking arrangements for off-site parking location and on-site during construction; ■ Anticipated haul routes; and ■ All materials transported on and offsite shall be securely covered to prevent excessive amounts of dust or dirt. Planning Commission Resolution No. 2033 This page intentionally /0 blank. Planning Commission Resolution No. 2033 Exhibit "C" General Plan Land Use Map Amendment 03-03-2015 Land Use Change: Anomaly 49 Development Limit from 45,208 s.f to 21,576 s.f. 71 74 W Land Use Change: Private Institutions (PI) Anomaly 49 to Multiple Unit 50 Residential (RM) 100 dwelling units 48 41 -V 427M3eWF` 40 �I Planning Commission Resolution No. 2033 Table LU2 - Anomaly 49 GPA Table Anomaly Statistical Land Use Development Development Additional Number Area Designation Limit (so Limit (Other) Information 49 L1 PI 4&�M 21,576 Planning Commission Resolution No. 2033 Exhibit "D" Amended PC -19 (San Joaquin Plaza) 03-03-2015 Planning Commission Resolution No. 2033 San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan I Land Uses, Development Standards & Procedures Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan Land Uses, Development Standards & Procedures Table of Contents Introduction A. Introduction and Purpose of Development Plan B. San Joaquin Plaza Statistical Analysis C. Planned Community Area Location Map Chapter 1 (PC Subarea 1) Relationship to Other Regulations A. Relationship to the Municipal Code II. Land Use and Development Regulations A. Permitted Uses B. Development Limits C. Transfer of Development '�-► III. Site Development Standards A. Permitted Height of Structures B. Standards for Allowable Heights C. Rooftop Appurtenances D. Site Walls, Retaining Walls, Garage Walls and Mechanical Screens E. Site Setbacks F. Floor Area Ratio G. Lot Coverage H. Parking I. Landscaping J. Lighting K. Signs L. Residential Open Space Requirements M. LEED Certification N. Construction and Utility Requirements IV. Definitions V Site Development Review San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 1 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures Chapter 2 (PC Subarea 2) I. San Joaquin Plaza Planned Community District Regulations A. General Notes B. Permitted Uses C. Building Location D. Building Height E. Parking F. Landscaping G. Loading Areas H. Refuse Collection Areas I. Telephone and Electrical Service J. Signs *0 San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 2 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures [this page intentionally blank] San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures San Joaquin Plaza PC Development Plan Amendment No. 8 Introduction A. Introduction and Purpose of Development Plan The San Joaquin Plaza Planned Community ("PC") District (PC -19) for the City of Newport Beach is a part of the Newport Center Development in conformance with the Newport Beach General Plan. The General Plan identifies the goal of creating a successful mixed-use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the sub -region, with expanded opportunities for residential development within Newport Center. As shown on Figure 1, the San Joaquin Plaza PC District is located in the north end of Newport Center where the concentration of building height and mass is greatest. It is generally bounded by Santa Cruz Drive on the east, San Clemente Drive on the south, and Santa Barbara Drive to the west. Surrounding uses include an existing parking structure to the east office buildings to the west, residential apartments to the north and office and residential apartments to the south. The Fashion Island regional mall is approximately % mile to the south. The purpose of the San Joaquin Plaza PC District is to ensure consistency with General Plan policies related to development scale in Newport Center and expectations for high quality development. This San Joaquin Plaza PC Development Plan is divided into two chapters. Chapter 1 provides land use and development standards for PC Subarea 1 (850 San Clemente Drive) only. Chapter 1 supersedes the Existing PC Development Plan with respect to PC Subarea 1. The land use and development standards in the Existing PC Development Plan shall not apply to PC Subarea 1. Chapter 2 of this San Joaquin Plaza PC Development Plan provides land use and development standards for PC Subarea 2 (856 San Clemente Drive) only. Chapter 2 consists of the entire Existing PC Development Plan except Section I (Statistical Analysis), which shall be superseded by Section I (B) (San Joaquin Plaza Statistical Analysis) below. Section 11 (General Notes) and Section III (Civic, Cultural, Business and Professional Offices) of the Existing PC Development Plan, which set forth land use and development standards, shall apply to PC Subarea 2 only, and not PC Subarea 1. San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 4 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures B. San Joaquin Plaza Statistical Analysis The San Joaquin Plaza Planned Community area consists of two distinct subareas: PC Subarea 1(850 San Clemente Drive) a. Site Area: 1.99 acres b. Existing Use: Orange County Museum of Art Exhibition Space (23,632 Square Feet) PC Subarea 2 (856 San Clemente Drive) a. Site Area: 0.93 acre a. Existing Use: Orange County Museum of Art Galleries Administrative Offices & Storage (13,670 Square Feet) �P San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 5 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures C. San Joaquin Plaza Planned Community Area Location Map Figure -1— San Joaquin Plaza SAAI pR N CLE -41. PC Subarea 1 (850 San Clemente Drive) 171 PC Subarea 2 (856 San Clemente Drive) ❑ Not Included in Planned Community San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 6 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures Chapter 1 (PC Subarea 1) I. Relationship to Other Regulations A. Relationship to the Municipal Code Whenever the development regulations of this plan conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall prevail. The Municipal Code shall regulate this development whenever regulations are not provided within these district regulations. All words and phrases used in this San Joaquin Plaza PC Development Plan shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in Section V — Definitions. �P San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 7 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures II. Land Use and Development Regulations — PC Sub Area 1 A. Permitted Uses 1. General Specific uses are permitted consistent with the definitions provided in Section V of this Development Plan. Uses determined to be accessory or ancillary to permitted uses, or residential support uses to permitted uses are also permitted. The Community Development Director may determine other uses not specifically listed herein, provided they are consistent with the Multi - Residential (RM) Land Use designation. 2. San Joaquin Plaza Subarea 1 a. Residential i. 100 residential units b. Uses that are accessory or ancillary to the permitted residential uses, including residential support uses, are also permitted. These include, but are not limited to, the following: i. Club Rooms ii. Lobby iii. Fitness and Spa iv. Business Services and Building Services v. Rooftop lounge vi. Wine Storage vii. Catering kitchen 1. Resident serving food and beverage services viii. Laundry ix. Conference Rooms x. Similar resident serving uses c. Structured Parking, Garage and Facilities B. Development Limits The development limits in this Development Plan are consistent with those established by the General Plan. Development limits may be modified through the approval of a Transfer of Development Rights. 1. San Joaquin Plaza Subarea 1 (850 San Clemente Drive) Up to 100 residential units are permitted within San Joaquin Plaza Subarea 1. Residential uses are measured on a per unit basis and not by gross floor area. Ancillary uses, such as club rooms, San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 8 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures fitness, lobbies, business services, amenities and building services shall not require parking as they support the primary operations of the residential community and its residents. C. Transfer of Development Rights The transfer of development rights among sub -areas of this Planned Community and to/from other areas in the Newport Center/Fashion Island District identified in the General Plan is allowed in accordance with Policy LU 6.14.3 of the General Plan and this Planned Community Development Plan. The transfer of development rights shall be approved, as specified in the General Plan 1 San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 9 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures III. Site Development Standards A. Permitted Height of Structures 1. San Joaquin Plaza Subarea 1 B. Standards for Allowable Heights The maximum height of all structures shall be 295 feet as measured from finished grade to the roof of the highest appurtenance. Finish grade is defined in Graphic 1, as elevation of main building entry point in relation to mean sea level. C. Rooftop Appurtenances Rooftop appurtenances are permitted. Rooftop appurtenances shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(1)(b). Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of the screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required for any rooftop appurtenances San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 10 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures Note, In no instance shall any part of the building, including rooftop appurtenances or architectural features, penetrate the FAA (Part 77) imaginary obstruction surface for John Wayne Airport Graphic 1— Example of Building Height and Rooftop Appurtenances San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 11 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures D. Site Walls, Retaining Walls, Garage Walls and Mechanical Screens a. Site Walls i. Site walls will not exceed 8'-0" from finish grade. b. Retaining Walls i. Interior: The height of a retaining wall that faces interior to the project is not to exceed 30'-0" from finish grade. ii. Exterior: Retaining walls that face exterior to adjacent properties and San Clemente Drive at property lines, are limited in height to 8'-0" from finish grade not including handrail conditions that may be required above these walls. These handrail requirements may be formed by the retaining wall. c. Garage Walls that are exposed will be treated as architectural building fagade. d. Mechanical Screens will be allowed to be of sufficient height to provided coverage of equipment. Required grills, louvers, vents and other functional requirements of building equipment will to the extent possible be incorporated into the building architecture. E. Site Setbacks a. San Clemente Drive b. East Property Line (Adjacent to Parking Garage) c. North Property Line (Adjacent to San Joaquin Apartments) d. West Property Line F. Floor Area Ratio a. Allowable Floor Area for Site is 4.5:1 FAR b. Lot Area 86,924 Square Feet c. Allowable Area 391,000 Square Feet G. Lot Coverage Lot coverage is the percentage of buildable site area. a. Lot Area 86,924 Square Feet b. Allowable Lot Coverage is 90% 78,430 Square Feet H. Parking 15'-0" 5'-0" 5'-0" 5'-0" Residential parking is based on unit count with each unit receiving 2 parking spaces. Residential guest parking is also based on unit count with .5 spaces per unit. Accessory, ancillary, and support uses for residential developments shall not be included in the calculation of required parking. San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 12 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures Valet parking is allowed subject to the approval of a valet plan by the City Traffic Engineer and Community Development Director. I. Landscaping Refer to City of Newport Beach Municipal Code. J. Lighting Refer to City of Newport Beach Zoning Code K. Signs 1. General Sign Standards A comprehensive sign program may be prepared if the applicant wishes to deviate from the sign standards identified herein. Comprehensive sign programs shall be submitted for review and consideration in accordance with the provisions of the Municipal Code. 2. Restricted Sign Types Signs visible from public right-of-ways are subject to the following restrictions: a. No rotating, flashing, blinking, or signing with animation shall be permitted on a permanent basis. b. No signs shall be permitted which imitate or resemble official traffic signs or signals. C. No wind signs or audible signs are permitted. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. 3. Sign Standards San Joaquin Plaza Subarea 1 Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas. Secondary address signs may be located where appropriate for on-site orientation and safety. All address signs shall have a consistent color, design, and material for any given building. A single letter style is recommended. San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 13 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures Table 2 — Sign Standards for San Joaquin Plaza Subarea 1 Sign Maximum Maximum Type yp Description Location Number Maximum Sign Size Letter / Logo Height Signs mounted on Determined by landscape walls San Joaquin (includes ground Plaza at San project name; A 4 letter/logo height 36 inches mounted signs in Clemente not to exceed 36 front of landscaping project entry inches and landscape walls) Determined by On building name of project; elevation, letter/logo height Primary 24 B Building Sign awning or 2 primary and 4 not to exceed: inches parking secondary primary 24 Secondary structure inches, Secondary 16 inches 16 inches 4 (additional address signs 24 inches or On building may be located as required C Building Address elevation where 24 inches high by Fire appropriate for on-site Department orientation) As required by Fire Entry to As appropriate Department D Advisory Signs for safety and 6 feet high or Building service orientation Code for safety purposes San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 14 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures 4. Temporary Signs Temporary signs are permitted. See Definitions. L. Residential Open Space Requirements The following open space standards shall apply to residential development projects: 1. Common Outdoor Open Space The project shall provide common outdoor open space either at grade, podium, common level within the building, or roof level. Common outdoor open space areas shall have a minimum horizontal dimension of 30 feet and may contain active and/or passive areas and a combination of hardscape and landscape features, but a minimum of 10 percent of the common outdoor open space must be landscaped. All common outdoor open space must be accessible to all residents. Projects shall provide a minimum of 5 percent common outdoor open space based on the residential lot area. 2. Common Indoor Open Space The project shall provide at least one community room of at least 500 square feet for use by all residents of the project. The area should be located adjacent to, and accessible from, common access point. This area may contain active or passive recreational facilities or meeting space, and must be accessible through a common corridor. 3. Private Open Space At least 50 percent of all dwelling units shall provide private open space, on a balcony, patio, or roof terrace. Private open space shall be a minimum area of 30 square feet and an average horizontal dimension of 6 feet. Balconies should be proportionately distributed throughout the project in relationship to floor levels and sizes of units. M. LEED Certification The Building will be designed to meet the criteria of LEED Certification as based on LEED's prototype points and scorecard rating system. N. Construction and Utility Requirements 1. Archaeological/Paleontological Grading of the site is subject to the provisions of the City Council Policies K-4 & K-5 regarding archaeological and paleontological resources. San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 15 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures 2. Building Codes Construction shall comply with applicable provisions of the California Building Code and the various other mechanical, electrical and plumbing codes related thereto as adopted by the NBMC. 3. Grading Grading and excavation of the development area shall be conducted and undertaken in a manner both consistent with grading manual standards and ordinances of the City of Newport Beach and in accordance with a grading and excavation plan approved by the City of Newport Beach Building Division. 4. Telephone, Gas and Electrical Service All "on-site" gas lines, electrical lines and telephone lines shall be placed underground. Unless prohibited by the utility company, transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. S. Sewage Service All new and upgrade on and off-site sewer lines shall be designed in accordance with the Utilities Manager's approval. 6. Storm Water Management The project shall adhere to the Water Quality Management Plan (WQMP) approved in conjunction with the issuance of building permits. Drainage and water quality assurance measures will be implemented as per the City Public Works and Municipal Separate Storm Sewer System (MS4) requirements. Development of the property will be undertaken in accordance with the flood protection policies of the City. 7. Water service Water service to the site will be provided by the City of Newport Beach and is subject to applicable regulations, permits and fees as prescribed by the City. The project shall provide the infrastructure for Fire Protection Water Service and Domestic water. Each dwelling unit shall be served by its own individual water meter in accordance with the Public Works Department unless a waiver is approved by the Public Works Department. San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 16 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures IV. Definitions All words and phrases used in this North San Joaquin Plaza PC shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in this section. Advisory Sign: Any sign that contains directional or safety information; does not contain advertisements. Audible Signs: Any sign that uses equipment to communicate a message with sound or music. Building Elevation: The exterior wall surface formed by one (1) side of the building. Building Height: Building height is measured from the roof of the highest occupied space to the exterior finished grade. If the building is on a sloping surface, the height measurement is taken from the building entrance. Exceptions include but are not limited to below grade parking structure entrances, motor courts, and retaining walls. Floor Area, Gross: The gross floor area for all other permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, space below building entry or basement, parking, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces, which are inaccessible to tenants, are not counted as square footage. Monument Sign: Any sign that is supported by its own structure and is not part of or attached to any building. Parking Structure: Structures containing more than one story principally dedicated to parking. Parking structures may contain accessory, ancillary and resident support uses. Podium Level: A superposed terrace conforming to a building's plan, a continuous pedestal; a level of vertical segregation linking separate areas. Project Identification Sign: A free-standing (single or double faced) monument sign containing the project name. Residential: An area or areas within a structure on a parcel that contains separate or independent living facilities for one or more persons, with area or equipment for sleeping, sanitation or food preparation. Individual residential units may be located on multiple floors and need not be located in contiguous spaces. Rooftop Appurtenance: Rooftop appurtenances include, but are not limited to, mechanical equipment, stairwell and elevator shaft housing, antennae, window washing equipment, and wireless communication facilities. See Graphic 1 on page 34. Sign: Any media, including their structure and component parts which are used or intended to be used out-of-doors to communicate information to the public. Sign Area: The area enclosed by a rectangle drawn around the working, numbers or images composing the sign. Sign Face: The physical plane and/or surface upon which the working or images are applied. Sign Letter: The individual symbols of the alphabet used in forming the words of a message. San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 17 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures Support Uses: Uses within residential developments and parking structures designed, oriented, and intended to primarily serve building occupants. This includes uses such as dry cleaners, coffee vendors, and sundry shops. Temporary Sign: Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. Wind Sign: A series of similar banners or objects of plastic or other light material more than 2 inches in diameter which are fastened together at intervals by wire, rope, cord, string or by any other means, designed to move and attract attention upon being subjected to pressure by wind or breeze. 1 San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 18 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures V. Site Development Review The purpose of the Site Development Review (SDR) process is to ensure that any new development proposal within Subarea 1 is consistent with the goals and policies of the General Plan and the provisions of the San Joaquin Plaza Planned Community Development Plan. Prior to the issuance of building permits for development within Subarea 1, a SDR application shall be required in accordance with Section 20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code. The Subarea 1 SDR shall be part of this Planned Community Development Plan and shall be reviewed concurrently with the Planned Community Development Plan. The submitted site pans and elevations shall be part of this application. San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 19 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures Chapter 2 (PC Subarea 2) San Joaquin Plaza Planned Community District Regulations Chapter 2 of this San Joaquin Plaza PC Development Plan provides land use and development standards for PC Subarea 2 (856 San Clemente Drive) only. Chapter 2 consists of the entire Existing PC Development Plan except Section I (Statistical Analysis), which shall be superseded by Section I (B) (San Joaquin Plaza Statistical Analysis) above. Section 11 (General Notes) and Section III (Civic, Cultural, Business and Professional Offices) of the Existing PC Development Plan, which set forth land use and development standards, shall apply to PC Subarea 2 only, and not PC Subarea 1. A. GENERAL NOTES 1. Water within the Planned Community area will be furnished by the City of Newport Beach. 2. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. 3. The subject property is within the City of Newport Beach. The Developer will provide the necessary flood protection facilities under the jurisdiction of the City of Newport Beach. 4. Grading and erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Community Development Director. 5. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Code shall apply. 6. The contents of this supplemental text notwithstanding, no construction shall be proposed within the boundaries of this Planned Community District except that which shall comply with all provisions of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 7. Parking lot lighting shall be subject to the review and approval of the Community Development Director. Parking lot lighting shall be designed in a manner so as to minimize impacts on adjacent residential areas. 8. All mechanical appurtenances on building roof tops and utility vaults shall be screened from street level view in a manner meeting the approval of the Community Development Director. 9. Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City polices. 10. In the event that any non -office facility was to be eliminated from the project, the eliminated facility would be replaced with the equivalent amount of office space. 11. That a pedestrian and bicycle trail system be reviewed and approved by the Community Development Director. San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 20 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures San Joaquin Plaza — Planned Community District Regulations 5 12/4/07 II. CIVIC, CULTURAL, BUSINESS AND PROFESSIONAL OFFICES A. INTENT The intent of this district is to permit the location of a combination of civic, cultural, business and professional office uses, and support commercial activities engaged in the sale of products to the general public. B. PERMITTED USES The following shall be permitted: 1. Retail sales and service of a convenience nature. 2. Administrative and professional offices. 3. Restaurants, bars and theater/nightclubs. Subject to Use Permit. 4. Institutional, financial and governmental facilities. 5. Civic, cultural, commercial recreational and recreational facilities. 6. Parking lots, structures and facilities. C. BUILDING LOCATION I;e 1. All buildings shall be located in substantial conformance with the approved site plan. D. BUILDING HEIGHT 1. All buildings and appurtenant structures shall be limited to a maximum height of sixty- five (65) feet. E. PARKING 1. Adequate off-street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on -street parking. 2. Required off-street parking shall be provided on the site of the use served, or on a common parking area in accordance with the off-street parking requirements of City of Newport Beach Planning and Zoning Ordinance. 3. Parking for the museum shall be based on 3.5 spaces/1,000 square feet of gross floor area. F. LANDSCAPING 1. Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be reviewed by the Director of Parks, Beaches and Recreation. San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 21 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures 2. All landscaping referred to in this section shall be maintained in a neat and orderly fashion. a. Screening -Areas used for parking shall be screened from view or have the view interrupted by landscaping, and/or fencing from access streets, and adjacent properties. b. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees. G. LOADING AREAS 1. Street side loading shall be allowed providing the loading dock is screened from view from adjacent streets. H. REFUSE COLLECTION AREAS 1. All outdoor refuse collection areas shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No refuse collection area shall be permitted between a frontage street and the building line. I. TELEPHONE AND ELECTRICAL SERVICE ,,,,%,, 1. All "on site" electrical lines (excluding transmission lines) and telephone lines shall be placed underground. Unless prohibited by the utility company, transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. J. SIGNS 1. Building Address Sign a. Building address numerals shall be a maximum of two (2) feet in height and shall be consistent with the building identification signing. b. Building address number shall face the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas. 2. Project/Building Identification Sign a. Project and/or building identification signs are permitted at major entry access drives from adjacent frontage streets, and adjacent to project intersection corners provided that they comply with the City of Newport Beach sight distance requirement 110-L. b. The identification signage is permitted in the form of a free-standing (single or double faced) monument sign. The sign copy shall be restricted to the project or building name and street address. Individual letter heights shall not exceed eighteen (18) inches. The monument sign shall be limited to 5 feet in height and 12 feet in width as depicted on the attached sign drawings. San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 22 Planning Commission Resolution No. 2033 Land Uses, Development Standards & Procedures 3. Project/Tenant Identification Signs a. Project/tenant identification signs are permitted at major entry access drives from adjacent frontage streets, provided that they comply with the City of Newport Beach sight distance requirement 110-L. b. The project/tenant identification signage is permitted in the form of a free standing (single or double faced) monument sign and may contain the project identification and a maximum of two tenant names. The tenant selection will be determined by the property owner or their designated management company. The tenant name shall not exceed 5 %Z inches in height and the monument sign shall be limited to 6 feet in height and 12 feet in width as depicted on the attached sign drawings. 4. Tenant Identification Signs a. Tenant identification signs are permitted and are divided into two (2) categories: b. Primary Tenant - Secondary Tenant identification signs are to be wall -mounted graphics, consisting of individually fabricated letters. Box or "can" signs are not permitted. The maximum number of primary tenant signs permitted on any one building elevation is two (2). c. Each secondary tenant shall be limited to one (1) identification sign. d. The maximum letter height of a primary tenant sign shall not exceed twenty-four (24) inches. The maximum letter height of a secondary tenant sign shall not exceed sixteen (16) inches. e. Sign copy shall be restricted to identification of the person, firm, company or corporation operating the use conducted on the site. 5. General Sign Standards a. Signs (to include all those visible from the exterior of any building) may be lighted but no sign or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 6. Temporary Signs a. The following guidelines are intended to produce a consistent sign design for temporary signs within Newport Center. All temporary signs require the approvals of the City of Newport Beach and The Irvine Company. b. Temporary signs are to identify the future site, project or facility under development on individual project sites. c. Information on this sign is limited to: i. For Sale, For Lease, Future Home of, Building/Project Name, etc. - Type or Name of Development - Type and Area of Space Available - Major Tenant or Developer - Financial Institution - General Contractor - Architect - Leasing Agent - Occupancy Date - Phone Number - The Irvine Company or Project Name and Logo ii. Location: One temporary sign is permitted on site for each frontage street. These signs may be single or double-faced and parallel or perpendicular to the roadway. iii. Longevity: Signs can exist from the time of lease or sale of the parcel until construction and/or leasing of the facility is complete. San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 23 Planning Commission Resolution No. 2033 Exhibit "E" Draft Development Agreement 03-03-2015 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attn: Citv Clerk Planning Commission Resolution No. 2033 (Space Above This Line Is for Recorder's Use Only) This Agreement is recorded at the request and for the benefit of the City of Newport Beach and is exempt from the payment of a recording fee pursuant to Government Code §§ 6103 and 27383. DEVELOPMENT AGREEMENT between CITY OF NEWPORT BEACH, OCMA URBAN HOUSING, LLC, and ORANGE COUNTY MUSEUM OF ART concerning 850 & 856 SAN CLEMENTE DRIVE Planning Commission Resolution No. 2033 DEVELOPMENT AGREEMENT (Pursuant to Newport Beach Municipal Code Chapter 15.45 and California Government Code Sections 65864-65869.5) This DEVELOPMENT AGREEMENT ("A�zreement") is dated for reference purposes as of the —day of , 2016 ("Agreement Date"), and is being entered into by and between the CITY OF NEWPORT BEACH ("City"), OCMA URBAN HOUSING, LLC ("Developer"), and the ORANGE COUNTY MUSEUM OF ART ("OCMA"). City, Developer, and OCMA are sometimes collectively referred to in this Agreement as the "Parties" and individually as a "Party." RECITALS A. Developer is in the process of purchasing that certain real property located in the City of Newport Beach, County of Orange, State of California commonly referred to as the 1.99 - acre Museum House project site, located at 850 San Clemente Drive (APN # 442-261-05), and generally bounded by Santa Cruz Drive on the east, San Clemente Drive on the south, and Santa Barbara Drive to the west ("Property"). As of the Agreement Date, the Property is owned by OCMA, a California nonprofit public benefit corporation, but Developer has a legal or equitable interest in the Property and therefore is authorized to enter into this Agreement pursuant to Government Code Section 65865 and Newport Beach Municipal Code Chapter 15.45. The Property is more particularly described in the legal description attached hereto as Exhibit A and is depicted on the site map attached hereto as Exhibit B. B. OCMA owns that certain real property located in the City of Newport Beach, County of Orange, State of California commonly referred to as the 0.9 -acre parcel, located at 856 San Clemente Drive (APN # 442-261-17), and generally bounded by Santa Cruz Drive on the east, San Clemente Drive on the south, and Santa Barbara Drive to the west ("0.9 Acre Parcel"). The 0.9 Acre Parcel is more particularly described in the legal description attached hereto as Exhibit C and is depicted on the site map attached hereto as Exhibit B. As part of this Agreement, and pursuant to that certain Donation Agreement attached hereto as Exhibit D, OCMA intends to donate the 0.9 Acre Parcel to the City. C. To encourage investment in, and commitment to, comprehensive planning and public facilities financing, strengthen the public planning process and encourage private implementation of the local general plan, provide certainty in the approval of projects to avoid waste of time and resources, and reduce the economic costs of development by providing assurance to property owners that they may proceed with projects consistent with existing land use policies, rules, and regulations, the California Legislature adopted California Government Code Sections 65864-65869.5 ("Development Agreement Statute") authorizing cities and counties to enter into development agreements with persons or entities having a legal or equitable interest in real property located within their jurisdiction. D. On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled "Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code Regarding Development Agreements" ("Development Agreement Ordinance"). This Agreement is consistent with the Development Agreement Ordinance. Planning Commission Resolution No. 2033 E. As detailed in Section 4 of this Agreement and the Development Plans (as defined herein), and in consideration of the significant benefits outlined in this Agreement, Developer has agreed to pay a Public Benefit Fee (as defined herein) in the sum of seventy-one thousand and one -hundred dollars ($71,100) per residential dwelling unit, or seven -million, one -hundred and ten thousand dollars ($7,110,000) for the one -hundred (100) residential dwelling units proposed by the Project (as defined herein). Developer shall pay the Public Benefit Fee to the City as follows: F. This Agreement is consistent with the City of Newport Beach General Plan, including, without limitation, the Property's proposed "Multiple Residential (RM -100)" General Plan designation that is being adopted and approved by the City Council concurrently with its approval of this Agreement to establish appropriate standards to regulate land use and development of the Property consistent with the General Plan. G. In recognition of the significant public benefits that this Agreement provides, the City Council has found that this Agreement: (i) is consistent with the City of Newport Beach General Plan as of the date of this Agreement; (ii) is in the best interests of the health, safety, and general welfare of City, its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of, the City's police power; (iv) is consistent and has been approved consistent with the Project's final Environmental Impact Report (SCH# 2016021023) ("EIR") that has been certified by the City Council on or before the Agreement Date, all of which analyze the environmental effects of the proposed development of the Project on the Property, and all of the findings, conditions of approval and mitigation measures related thereto; and (v) is consistent and has been approved consistent with provisions of California Government Code Section 65867 and City of Newport Beach Municipal Code Chapter 15.45. H. On , 2016, City's Planning Commission held a public hearing on this Agreement, made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement. I. On , 2016, the City Council also held a public hearing on this Agreement and considered the Planning Commission's recommendations and the testimony and information submitted by City staff, Developer, and members of the public. On , 2016, consistent with applicable provisions of the Development Agreement Statute and Development Agreement Ordinance, the City Council adopted its Ordinance No. ("Adopting Ordinance"), finding this Agreement consistent with the City of Newport Beach General Plan and approving this Agreement. AGREEMENT NOW, THEREFORE, City and Developer agree as follows: 1. Definitions. In addition to any terms defined elsewhere in this Agreement, the following terms when used in this Agreement shall have the meanings set forth below: "0.9 Acre Parcel" is located at 856 San Clemente Drive in the City, as described in Exhibit C and depicted on Exhibit B. Planning Commission Resolution No. 2033 "Action" shall have the meaning ascribed in Section 8.10 of this Agreement. "Adopting Ordinance" shall mean City Council Ordinance No. approving and adopting this Agreement. "Agreement" shall mean this Development Agreement, as the same may be amended from time to time. "Agreement Date" shall mean the date first written above, which date is the date the City Council adopted the Adopting Ordinance. "CEQA" shall mean the California Environmental Quality Act (California Public Resources Code sections 21000-21177) and the implementing regulations promulgated thereunder by the Secretary for Resources (California Code of Regulations, Title 14, section 15000 et seq.), as the same may be amended from time to time. "CC" shall mean the City of Newport Beach, a California municipal corporation and charter city, and any successor or assignee of the rights and obligations of the City of Newport Beach hereunder. "City Council" shall mean the governing body of City. "City's Affiliated Parties" shall have the meaning ascribed in Section 10.1 of this Agreement. "Claim" shall have the meaning ascribed in Section 10.1 of this Agreement. "CPI Index" shall mean the Consumer Price Index published from time to time by the United States Department of Labor for all urban consumers (all items) for the smallest geographic area that includes the City or, if such index is discontinued, such other similar index as may be publicly available that is selected by City in its reasonable discretion. "Cure Period" shall have the meaning ascribed in Section 8.1 of this Agreement. "Default" shall have the meaning ascribed to that term in Section 8.1 of this Agreement. "Develop" or "Development" shall mean to improve or the improvement of the Property for the purpose of completing the structures, improvements, and facilities comprising the Project, including but not limited to: grading; the construction of infrastructure and public facilities related to the Project, whether located within or outside the Property; the construction of all of the private improvements and facilities comprising the Project; the preservation or restoration, as required of natural and man-made or altered open space areas; and the installation of landscaping. The terms "Develop" and "Development," as used herein, do not include the maintenance, repair, reconstruction, replacement, or redevelopment of any structure, improvement, or facility after the initial construction and completion thereof. "Developer" shall mean OCMA Urban Housing, LLC, a California limited liability corporation, and any successor or assignee to all or any portion of its right, title, and/or interest in and to ownership of all or a portion of the Property and/or the Project. Planning Commission Resolution No. 2033 "Development Agreement Ordinance" shall mean Chapter 15.45 of the City of Newport Beach Municipal Code. "Development Agreement Statute" shall mean California Government Code Sections 65864-65869.5, inclusive. "Development Exactions" shall mean any requirement of City in connection with or pursuant to any ordinance, resolution, rule, or official policy for the dedication of land, the construction or installation of any public improvement or facility, or the payment of any fee or charge in order to lessen, offset, mitigate, or compensate for the impacts of Development of the Project on the environment or other public interests. "Development Plan" shall mean all of the land use entitlements, approvals and permits approved by the City for the Project on or before the Agreement Date, as the same may be amended from time to time consistent with this Agreement. Such land use entitlements, approvals and permits include, without limitation, the following: (1) the Development rights as provided under this Agreement; (2) General Plan Amendment No. 2015-001 (amending the land use designation from Private Institutional (PI) to Multiple Residential (RM -100) with a maximum development limit of 100 units); (3) San Joaquin Planned Community Development Plan Amendment No. PD 2015-001 (amending the San Joaquin Plaza Planned Community land use designation from Civic/Cultural/Professional/Office to Multi -Unit Residential and to allow new residential development standards including a 300 -foot height limit); (4) Vesting Tentative Tract Map No. NT 2016-001; (5) Traffic Study No. TS 2015-004; (6) Site Development Review No. SD2016-001); (7) the EIR (State Clearinghouse No. 2016021023); and (8) all conditions of approval and all mitigation measures approved for the Project on or before the Agreement Date. "Development Regulations" shall mean the following regulations as they are in effect as of the Effective Date and to the extent they govern or regulate the development of the Property, but excluding any amendment or modification to the Development Regulations adopted, approved, or imposed after the Effective Date that affects the Development of the Property, unless such amendment or modification is expressly authorized by this Agreement or is agreed to by Developer in writing: the General Plan; the Development Plan; and, to the extent not expressly superseded by the Development Plan or this Agreement, all other land use and subdivision regulations governing the permitted uses, density and intensity of use, design, improvement, and construction standards and specifications, procedures for obtaining required City permits and approvals for development, and similar matters that may apply to the Development of the Project on the Property during the Term of this Agreement that are set forth in Title 15 of the Municipal Code (buildings and construction), Title 19 of the Municipal Code (subdivisions and inclusionary housing), and Title 20 of the Municipal Code (planning, zoning and density bonus), but specifically excluding all other sections of the Municipal Code, including without limitation Title 5 of the Municipal Code (business licenses and regulations). Notwithstanding the foregoing, the term "Development Regulations," as used herein, does not include any City ordinance, resolution, code, rule, regulation or official policy governing any of the following: (i) the conduct of businesses, professions, and occupations; (ii) taxes and assessments; (iii) the control and abatement of nuisances; (iv) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; or (v) the exercise of the power of eminent domain. Planning Commission Resolution No. 2033 "Effective Date" shall mean the latest of all of the following occurring: (i) the date that is thirty (30) calendar days after the Agreement Date; (ii) if a referendum concerning the Adopting Ordinance, the Development Plan, or any of the Development Regulations approved on or before the Agreement Date is timely qualified for the ballot and a referendum election is held concerning the Adopting Ordinance or any of such Development Regulations, the date on which the referendum is certified resulting in upholding and approving the Adopting Ordinance and the Development Regulations; (iii) if a lawsuit is timely filed challenging the validity or legality of the Adopting Ordinance, this Agreement, the Development Plan, and/or any of the Development Regulations approved on or before the Agreement Date, the date on which said challenge is finally resolved in favor of the validity or legality of the Adopting Ordinance, this Agreement, the Development Plan, and/or the applicable Development Regulations, whether such finality is achieved by a final non -appealable judgment, voluntary or involuntary dismissal (and the passage of any time required to appeal an involuntary dismissal), or binding written settlement agreement; or (iv) the date on which title to the Property has been transferred to, and vested in, Developer as evidenced by an instrument duly recorded with the Office of the County Recorder of the County of Orange. Promptly after the Effective Date occurs, the Parties agree to cooperate in causing an appropriate instrument to be executed and recorded against the Property memorializing the Effective Date. "Environmental Laws" means all federal, state, regional, county, municipal, and local laws, statutes, ordinances, rules, and regulations which are in effect as of the Agreement Date, and all federal, state, regional, county, municipal, and local laws, statutes, rules, ordinances, rules, and regulations which may hereafter be enacted and which apply to the Property or any part thereof, pertaining to the use, generation, storage, disposal, release, treatment, or removal of any Hazardous Substances, including without limitation the following: the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601, et sem., as amended ("CERCLA"); the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et S�Mc., as amended ("RCRA"); the Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. Sections 11001 et seg., as amended; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., as amended; the Clean Air Act, 42 U.S.C. Sections 7401 et seq., as amended; the Clean Water Act, 33 U.S.C. Section 1251, et SeMc ., as amended; the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et seq., as amended; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Sections 136 et seq., as amended; the Federal Safe Drinking Water Act, 42 U.S.C. Sections 300f et seQ., as amended; the Federal Radon and Indoor Air Quality Research Act, 42 U.S.C. Sections 7401 et seq., as amended; the Occupational Safety and Health Act, 29 U.S.C. Sections 651 et seq., as amended; and California Health and Safety Code Section 25100, et seq. "General Plan" shall mean City's 2006 General Plan adopted by the City Council on July 25, 2006, by Resolution No. 2006-76, and any amendments to the 2006 General Plan that became effective before the Effective Date. The term "General Plan" shall exclude any amendments that became effective after the Effective Date unless such amendment is expressly authorized by this Agreement, is authorized by Sections 8 or 9, or is specifically agreed to by Developer. The Land Use Plan of the Land Use Element of the General Plan was approved by City voters in a general election on November 7, 2006. Planning Commission Resolution No. 2033 "Hazardous Substances" means any toxic substance or waste, pollutant, hazardous substance or waste, contaminant, special waste, industrial substance or waste, petroleum or petroleum -derived substance or waste, or any toxic or hazardous constituent or additive to or breakdown component from any such substance or waste, including without limitation any substance, waste, or material regulated under or defined as "hazardous" or "toxic" under any Environmental Law. "Mortgage" shall mean a mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Property, or a part or interest in the Property, is pledged as security and contracted for in good faith and for fair value. "Mortgagee" shall mean the holder of a beneficial interest under a Mortgage or any successor or assignee of the Mortgagee. "Notice of Default" shall have the meaning ascribed in Section 8.1 of this Agreement. "Party" or "Parties" shall mean either City, OCMA or Developer or all three, as determined by the context. "Project" shall mean all on-site and off-site improvements, including a 100 -unit residential condominium tower at the Property measuring approximately 295 feet in height (25 stories) as well as all ancillary uses, such as club rooms, fitness facilities, lobbies, business services, amenities, and other building services, as provided in this Agreement and the Development Regulations, as the same may be modified or amended from time to time consistent with this Agreement and applicable law. "Property" is located at 850 San Clemente Drive in the City, as described in Exhibit A and depicted on Exhibit B. "Public Benefit Fee" shall have the meaning ascribed in Section 3.1 of this Agreement. "Subsequent Development Approvals" shall mean all discretionary development and building approvals that Developer is required to obtain to Develop the Project on and with respect to the Property after the Agreement Date consistent with the Development Regulations and this Agreement, with the understanding that except as expressly set forth herein City shall not have the right subsequent to the Effective Date and during the Term of this Agreement to adopt or impose requirements for any such Subsequent Development Approvals that do not exist as of the Agreement Date. "Term" shall have the meaning ascribed in Section 2.4 of this Agreement. "Termination Date" shall have the meaning ascribed in Section 2.4 of this Agreement. "Transfer" shall have the meaning ascribed in Section 11 of this Agreement. 2. General Provisions. 2.1 Plan Consistency, Zoning Implementation. Planning Commission Resolution No. 2033 This Agreement and the Development Regulations applicable to the Property will cause City's zoning and other land use regulations for the Property to be consistent with the General Plan. 2.2 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of this Agreement. 2.3 Developer Representations and Warranties Regarding Ownership of the Property and Related Matters Pertaining to this Agreement. Developer and each person executing this Agreement on behalf of Developer hereby represents and warrants to City as follows: (i) that Developer has an option to purchase the fee simple title to the Property and will be the owner of fee simple title to the Property approximately one -hundred and eighty (180) calendar days following the Effective Date; (ii) if Developer or any co-owner comprising Developer is a legal entity that such entity is duly formed and existing and is authorized to do business in the State of California; (iii) if Developer or any co-owner comprising Developer is a natural person that such natural person has the legal right and capacity to execute this Agreement; (iv) that all actions required to be taken by all persons and entities comprising Developer to enter into this Agreement have been taken and that Developer has the legal authority to enter into this Agreement; (v) that Developer's entering into and performing its obligations set forth in this Agreement will not result in a violation of any obligation, contractual or otherwise, that Developer or any person or entity comprising Developer has to any third party; and (vi) that neither Developer nor any co-owner comprising Developer is currently the subject of any voluntary or involuntary bankruptcy or insolvency petition; and (vii) that Developer has no actual knowledge of any pending or threatened claims of any person or entity affecting the validity of any of the representations and warranties set forth in clauses (i) -(vi), inclusive. 2.4 Term. The term of this Agreement ("Term") shall commence on the Effective Date and shall terminate on the "Termination Date." Notwithstanding any other provision set forth in this Agreement to the contrary, if any Party reasonably determines that the Effective Date of this Agreement will not occur because (i) the Adopting Ordinance or any of the Development Regulations approved on or before the Agreement Date for the Project has/have been disapproved by City's voters at a referendum election or (ii) a final non -appealable judgment is entered in a judicial action challenging the validity or legality of the Adopting Ordinance, this Agreement, and/or any of the Development Regulations for the Project approved on or before the Agreement Date such that this Agreement and/or any of such Development Regulations is/are invalid and unenforceable in whole or in such a substantial part that the judgment substantially impairs such Party's rights or substantially increases its obligations or risks hereunder or thereunder, then such Party, in its sole and absolute discretion, shall have the right to terminate this Agreement upon delivery of a written notice of termination to the other Party, in which event neither Party shall have any further rights or obligations hereunder except that Developer's indemnity obligations set forth in Article 10 shall Planning Commission Resolution No. 2033 remain in full force and effect and shall be enforceable, and the Development Regulations applicable to the Project and the Property only (but not those general Development Regulations applicable to other properties in the City) shall similarly be null and void at such time. The Termination Date shall be the earliest of the following dates: (i) the tenth (10th) anniversary of the Effective Date, unless such date has been extended in accordance with Section 5.1 of this Agreement; (ii) such earlier date that this Agreement may be terminated in accordance with Articles 5, 7, and/or Section 8.3 of this Agreement and/or Sections 65865.1 and/or 65868 of the Development Agreement Statute; or (iii) completion of the Project in accordance with the terms of this Agreement, including Developer's complete satisfaction, performance, and payment, as applicable, of all Development Exactions, the issuance of all required final occupancy permits, and acceptance by City or applicable public agency(ies) or private entity(ies) of all required offers of dedication. Notwithstanding any other provision set forth in this Agreement to the contrary, the provisions set forth in Article 10 and Section 13.10 (as well as any other Developer obligations set forth in this Agreement that are expressly written to survive the Termination Date) shall survive the Termination Date of this Agreement. 3. Public Benefits. 3.1 Public Benefit Fee. As consideration for City's approval and performance of its obligations set forth in this Agreement, Developer shall pay to City a fee that shall be in addition to any other fee or charge to which the Property and the Project would otherwise be subject (herein, the "Public Benefit Fee") in the sum of seventy-one thousand and one -hundred dollars ($71,100) per residential dwelling unit, or seven -million, one -hundred and ten thousand dollars ($7,110,000) for the Project's one -hundred (100) residential dwelling units, with the unpaid balance of said Public Benefit Fee increased beginning on January 1St following the _ anniversary of the Effective Date by the percentage increase in the CPI Index between the Effective Date and said January 1St date (the first "Adjustment Date") and thereafter with the unpaid balance of said Public Benefit Fee increased on each subsequent January 1St during the Term of this Agreement (each, an "Adjustment Date") by the percentage increase in the CPI Index in the year prior to the applicable Adjustment Date. The amount of the percentage increase in the CPI Index on the applicable Adjustment Dates shall in each instance be calculated based on the then most recently available CPI Index figures such that, for example, if the Effective Date of this Agreement falls on July 1 and the most recently available CPI Index figure on the first Adjustment Date (January 1 of the following year) is the CPI Index for November of the preceding year, the percentage increase in the CPI Index for that partial year (a 6 -month period) shall be calculated by comparing the CPI Index for November of the preceding year with the CPI Index for May of the preceding year (a 6 -month period). In no event, however, shall application of the CPI Index reduce the amount of the Public Benefit Fee (or unpaid portion thereof) below the amount in effect prior to any applicable Adjustment Date. Notwithstanding any other provision set forth in this Agreement to the contrary, during the Term of this Agreement City shall not increase the Public Benefit Fee except pursuant to the CPI Index as stated in this Section 3.1. Planning Commission Resolution No. 2033 The Developer shall pay the Public Benefit Fee to the City as follows: . The City has not designated a specific project or purpose for the Public Benefit Fee. Developer acknowledges by its approval and execution of this Agreement that it is voluntarily agreeing to pay the Public Benefit Fee, that its obligation to pay the Public Benefit Fee is an essential term of this Agreement and is not severable from City's obligations and Developer's vested rights to be acquired hereunder, and that Developer expressly waives any constitutional, statutory, or common law right it might have in the absence of this Agreement to protest or challenge the payment of the Public Benefit Fee on any ground whatsoever, including without limitation pursuant to the Fifth and Fourteenth Amendments to the United States Constitution, California Constitution Article I Section 19, the Mitigation Fee Act (California Government Code Section 66000 et seq.), or otherwise. In addition to any other remedy set forth in this Agreement for Developer's default, if Developer shall fail to timely pay any portion of the Public Benefit Fee when due, City shall have the right to withhold issuance of any further building permits, occupancy permits, or other development or building permits for the Project. 3.2 0.9 Acre Parcel Donation As part of this Agreement, and pursuant to that certain Donation Agreement attached hereto as Exhibit D, OCMA shall execute a quitclaim deed to donate the 0.9 Acre Parcel to the City within thirty (30) days of the Effective Date. The City affirms that no physical redevelopment of the 0.9 Acre Parcel is contemplated as of the Agreement Date, and that the City intends to continue to operate the 0.9 Acre Parcel in a manner consistent with its operations on the Agreement Date for the foreseeable future. To the extent that the City may wish to change the use or development of the 0.9 Acre Parcel at a currently -unforeseen point in the future, such a change would be required to adhere to all applicable development controls, including but not limited to Title 20 of the Municipal Code (planning, zoning and density bonus), the California Environmental Quality Act (California Public Resources Code sections 21000- 21177) and CEQA's implementing regulations as promulgated thereunder by the Secretary for Resources (California Code of Regulations, Title 14, section 15000 et seq.). 3.3 Other Public Benefits. In addition to the Public Benefit Fee and the 0.9 Acre Parcel donation, the direct and indirect benefits City expects to receive pursuant to this Development Agreement are as follows: 3.3.1 In -Lieu of Park Land Dedication Fee and On -Site Private Recreational Amenities. Based upon the anticipated number of residents at the Project, the City calculated that Developer's park land dedication for the Project pursuant to the City General Plan, Government Code Section 66477 ("Quimby Act") and Newport Beach Municipal Code Chapter 19.52 at 1.1 acres. City acknowledges that Developer shall be eligible to receive credit against the payment of fees or dedication of land consistent with the General Plan, Quimby Act and Newport Beach Municipal Code Chapter 19.52. As of the Agreement Date, the City's established fair market value per acre is $2,500,000, and this shall be used in assessing in -lieu of park dedication fees and credit. 3.3.1.1. Credit for Private Recreational Amenities. Developer shall construct and improve private recreational amenities pursuant to the Development Plan. Private recreational amenities shall be privately owned and maintained in perpetuity by Developer or Planning Commission Resolution No. 2033 any governing homeowners' association. For private recreational amenities, Developer may be eligible to receive up to twenty percent (20%) credit against the payment of City fees (e.g., Park In -Lieu Fees) or dedication of land in exchange for the provision of private recreational amenities consistent with Newport Beach Municipal Code Chapter 19.52. The dollar amount of the credit shall be based on land value established by multiplying the eligible acreage by Two Million Five Hundred Thousand Dollars ($2,500,000). 3.3.1.2. Payment of Park In -Lieu Fees. In -lieu of parkland dedication fees ("Park In -Lieu Fees") shall be paid to the City on a per unit basis prior to the issuance of a certificate of occupancy for such unit. The fee amount for Park In -Lieu Fees shall be calculated on a per-unit basis consistent with Newport Beach Municipal Code Chapter 19.52. 3.3.2 Bond Financing of Public Improvements and Fees. City and Developer may cooperate in good faith with each other in connection with the formation of, or annexation into, an assessment district or community facilities district, if any, to facilitate bond financing of eligible public improvements and development impact fees. 4. Development of Project. 4.1 Applicable Regulations; Developer's Vested Rights and City's Reservation of Discretion With Respect to Subsequent Development Approvals. Other than as expressly set forth in this Agreement, during the Term of this Agreement, (i) Developer shall have the vested right to Develop the Project on and with respect to the Property in accordance with the terms of the Development Regulations and this Agreement and (ii) City shall not prohibit or prevent development of the Property on grounds inconsistent with the Development Regulations or this Agreement. Notwithstanding the foregoing, nothing herein is intended to limit or restrict the City's discretion with respect to (i) those review and approval requirements contained in the Development Regulations, (ii) the exercise of any discretionary authority City retains under the Development Regulations, (iii) the approval, conditional approval, or denial of any Subsequent Development Approvals that are required for Development of the Project as of the Effective Date, or (iv) any environmental approvals that may be required under CEQA or any other federal or state law or regulation in conjunction with any Subsequent Development Approvals that may be required for the Project, and in this regard, as to future actions in connection with the Subsequent Development Approvals, the City reserves its full discretion to the same extent that it would have such discretion in the absence of this Agreement. In addition, it is understood and agreed that nothing in this Agreement is intended to vest Developer's rights with respect to any laws, regulations, rules, or official policies of any other (i.e., non -City) governmental agency or public utility company with jurisdiction over the Property or the Project; or any applicable federal or state laws, regulations, rules, or official policies that may be inconsistent with this Agreement and that override or supersede the provisions set forth in this Agreement, and regardless of whether such overriding or superseding laws, regulations, rules, or official policies are adopted or applied to the Property or the Project prior or subsequent to the Agreement Date. Developer has expended and will continue to expend substantial amounts of time and money planning and preparing for Development of the Project. Developer represents, and City acknowledges, that Developer would not make these expenditures without this Agreement, and Planning Commission Resolution No. 2033 that Developer is and will be making these expenditures in reasonable reliance upon its vested rights to Develop the Project as set forth in this Agreement. Developer may apply to City for permits or approvals necessary to modify or amend the Development specified in the Development Regulations, without amending this Agreement, provided that the request does not propose an increase in the maximum density, intensity, height, or size of proposed structures, or a change in use that generates more peak hour traffic or more daily traffic and, in addition, Developer may apply to City for approval of minor amendments to the existing tentative tract map, or associated conditions of approval, consistent with City of Newport Beach Municipal Code Section 19.12.090. This Agreement does not constitute a promise or commitment by City to approve any such permit or approval, or to approve the same with or without any particular requirements or conditions, and City's discretion with respect to such matters shall be the same as it would be in the absence of this Agreement. 4.2 No Conflicting Enactments. Except to the extent City reserves its discretion as expressly set forth in this Agreement, during the Term of this Agreement City shall not apply to the Project or the Property any ordinance, policy, rule, regulation, or other measure relating to Development of the Project that is enacted or becomes effective after the Effective Date to the extent it conflicts with this Agreement or Developer consents in writing. This Section 4.2 shall not restrict City's ability to enact an ordinance, policy, rule, regulation, or other measure applicable to the Project pursuant to California Government Code Section 65866 consistent with the procedures specified in Section 4.3 of this Agreement. In Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, the California Supreme Court held that a construction company was not exempt from a city's growth control ordinance even though the city and construction company had entered into a consent judgment (tantamount to a contract under California law) establishing the company's vested rights to develop its property consistent with the zoning. The California Supreme Court reached this result because the consent judgment failed to address the timing of development. The Parties intend to avoid the result of the Pardee case by acknowledging and providing in this Agreement that Developer shall have the vested right to Develop the Project on and with respect to the Property at the rate, timing, and sequencing that Developer deems appropriate within the exercise of Developer's sole subjective business judgment, provided that such Development occurs in accordance with this Agreement and the Development Regulations, notwithstanding adoption by City's electorate of an initiative to the contrary after the Effective Date. No City moratorium or other similar limitation relating to the rate, timing, or sequencing of the Development of all or any part of the Project and whether enacted by initiative or another method, affecting subdivision maps, building permits, occupancy certificates, or other entitlement to use, shall apply to the Project to the extent such moratorium or other similar limitation restricts Developer's vested rights in this Agreement or otherwise conflicts with the express provisions of this Agreement. 4.3 Reservations of Authori Notwithstanding any other provision set forth in this Agreement to the contrary, the laws, rules, regulations, and official policies set forth in this Section 4.3 shall apply to and govern the Development of the Project on and with respect to the Property. Planning Commission Resolution No. 2033 4.3.1 Procedural Regulations. Unless otherwise specified in this Agreement, procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure shall apply to the Property, provided that such procedural regulations are adopted and applied City- wide or to all other properties similarly situated in City. 4.3.2 Processing and Permit Fees. City shall have the right to charge, and Developer shall be required to pay, all applicable processing and permit fees to cover the reasonable cost to City of processing and reviewing applications and plans for any required Subsequent Development Approvals, building permits, excavation and grading permits, encroachment permits, and the like, for performing necessary studies and reports in connection therewith, inspecting the work constructed or installed by or on behalf of Developer, and monitoring compliance with any requirements applicable to Development of the Project, all at the rates in effect at the time fees are due. 4.3.2.1 Vested Development Impact Fees. All City development impact fees and fee in lieu of parkland dedication fees shall be fixed at the rates in place on the Agreement Date as shown on attached Exhibit E. Fees and charges levied by any other (i.e., non -City) governmental agency or public utility company with jurisdiction over the Property or the Project shall not be fixed in place by the Development Agreement. 4.3.3 Consistent Future City Regulations. City ordinances, resolutions, regulations, and official policies governing Development which do not conflict with the Development Regulations, or with respect to such regulations that do conflict, where Developer has consented in writing to the regulations, shall apply to the Property. 4.3.4 Development Exactions Applicable to Property. During the Term of this Agreement, Developer shall be required to satisfy and pay all Development Exactions at the time performance or payment is due to the same extent and in the same amount(s) that would apply to Developer and the Project in the absence of this Agreement; provided except where the extent the timing, value, scope and/or extent of a particular Development Exaction for the Project has been established and fixed by City in this Agreement, the Project's conditions of approval, or the Development Regulations. City shall not alter, increase, or modify said Development Exaction in a manner that is inconsistent with this Agreement, the Project's conditions of approval, or the Development Regulations without Developer's prior written consent or as may be otherwise required pursuant to overriding federal or state laws or regulations (Section 4.3.5 below). In addition, nothing in this Agreement is intended or shall be deemed to vest Developer against the obligation to pay any of the following (which are not included within the definition of "Development Exactions") in the full amount that would apply in the absence of this Agreement: (i) City's normal fees for processing, environmental assessment and review, tentative tract and parcel map review, plan checking, site review and approval, administrative review, building permit, grading permit, inspection, and similar fees imposed to recover City's costs associated with processing, reviewing, and inspecting project applications, plans, and specifications; (ii) fees and charges levied by any other public agency, utility, district, or joint powers authority, regardless of whether City collects those fees and charges; or (iii) community facility district special taxes or special district assessments or similar assessments, business license fees, bonds or other security required for public improvements, transient occupancy taxes, sales taxes, Planning Commission Resolution No. 2033 property taxes, sewer lateral connection fees, water service connection fees, new water meter fees, and the Property Development Tax payable under Section 3.12 of City's Municipal Code. 4.3.5 Overriding Federal and State Laws and Regulations. Federal and state laws and regulations that override Developer's vested rights set forth in this Agreement shall apply to the Property, together with any City ordinances, resolutions, regulations, and official policies that are necessary to enable City to comply with the provisions of any such overriding federal or state laws and regulations, provided that (i) Developer does not waive its right to challenge or contest the validity of any such purportedly overriding federal, state, or City law or regulation; and (ii) upon the discovery of any such overriding federal, state, or City law or regulation that prevents or precludes compliance with any provision of this Agreement, City or Developer shall provide to the other Party a written notice identifying the federal, state, or City law or regulation, together with a copy of the law or regulation and a brief written statement of the conflict(s) between that law or regulation and the provisions of this Agreement. Promptly thereafter, City and Developer shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to comply with such overriding federal, state, or City law or regulation. In such negotiations, City and Developer agree to preserve the terms of this Agreement and the rights of Developer as derived from this Agreement to the maximum feasible extent while resolving the conflict. City agrees to cooperate with Developer at no cost to City or Developer in resolving the conflict in a manner which minimizes any financial impact of the conflict upon Developer. City also agrees to process in a prompt manner Developer's proposed changes to the Project and any of the Development Regulations as may be necessary to comply with such overriding federal, state, or City law or regulation; provided, however, that the approval of such changes by City shall be subject to the discretion of City, consistent with this Agreement. 4.3.6 Public Health and Safety. Any City ordinance, resolution, rule, regulation, program, or official policy that is necessary to protect persons on the Property or in the immediate vicinity from conditions dangerous to their health or safety, as reasonably determined by City, shall apply to the Property, even though the application of the ordinance, resolution, rule regulation, program, or official policy would result in the impairment of Developer's vested rights under this Agreement. 4.3.7 Uniform Building Standards. Existing and future building and building - related standards set forth in the uniform codes adopted and amended by City from time to time, including building, plumbing, mechanical, electrical, housing, swimming pool, and fire codes, and any modifications and amendments thereof shall all apply to the Project and the Property to the same extent that the same would apply in the absence of this Agreement. 4.3.8 Public Works Improvements. To the extent Developer constructs or installs any public improvements, works, or facilities, the City standards in effect for such public improvements, works, or facilities at the time of City's issuance of a permit, license, or other authorization for construction or installation of same shall apply. 4.3.9 No Guarantee or Reservation of Utility Capacity. Notwithstanding any other provision set forth in this Agreement to the contrary, nothing in this Agreement is intended or shall be interpreted to require City to guarantee or reserve to or for the benefit of Developer or the Property any utility capacity, service, or facilities that may be needed to serve the Project, Planning Commission Resolution No. 2033 whether domestic or reclaimed water service, sanitary sewer transmission or wastewater treatment capacity, downstream drainage capacity, or otherwise, and City shall have the right to limit or restrict Development of the Project if and to the extent that City reasonably determines that inadequate utility capacity exists to adequately serve the Project at the time Development is scheduled to commence. Notwithstanding the foregoing, City covenants to provide utility services to the Project on a non-discriminatory basis (i.e., on the same terms and conditions that City undertakes to provide such services to other similarly situated new developments in the City of Newport Beach as and when service connections are provided and service commences). 4.4 Tentative Subdivision Maps City agrees that Developer may file and process new and existing vesting tentative maps for the Property consistent with California Government Code Sections 66498.1-66498.9 and Newport Beach Municipal Code Chapter 19.20. Pursuant to the applicable provision of the California Subdivision Map Act (California Government Code section 66452.6(a)), the life of any tentative subdivision map approved for the Property, whether designated a "vesting tentative map" or otherwise, shall be extended for the Term of this Agreement. 5. Amendment or Cancellation of Agreement Other than Minor Modifications of, and Amendments to, of this Agreement under Section 4.1 of this Agreement, this Agreement may be amended or canceled in whole or in part only by mutual written and executed consent of the Parties in compliance with California Government Code Section 65868 and Newport Beach Municipal Code Section 15.45.070 or by unilateral termination by City in the event of an uncured default of Developer. 5.1 Extension. Developer may request up to, and upon receipt of a written request from Developer, City shall grant one (1) five (5) year extension to extend the Term of this Agreement for a total of five (5) additional years provided that Developer has timely submitted its written request to extend this Agreement prior to its expiration and that Developer is not in default of this Agreement. 6. Enforcement. Unless amended or canceled pursuant to California Government Code Section 65868, Newport Beach Municipal Code Section 15.45.070, or modified or suspended pursuant to Newport Beach Municipal Code Chapter 15.45 or California Government Code Section 65869.5, and except as otherwise provided in subdivision (b) of Section 65865.3, this Agreement shall be enforceable by any Party despite any change in any applicable general or specific plan, zoning, subdivision, or building regulation or other applicable ordinance or regulation adopted by City (including by City's electorate) that purports to apply to any or all of the Property. 7. Annual Review of Developer's Compliance With Agreement. 7.1 General. City shall review this Agreement once during every twelve (12) month period following the Effective Date for compliance with the terms of this Agreement as provided in Government Planning Commission Resolution No. 2033 Code section 65865.1. Developer (including any successor to the owner executing this Agreement on or before the date of the Adopting Ordinance) shall pay City a reasonable fee in an amount City may reasonably establish from time to time to cover the actual and necessary costs for the annual review. City's failure to timely provide or conduct an annual review shall not constitute a Default hereunder by City. 7.2 Developer Obligation to Demonstrate Good Faith Compliance. During each annual review by City, Developer is required to demonstrate good faith compliance with the terms of the Agreement. Developer agrees to furnish such evidence of good faith compliance as City, in the reasonable exercise of its discretion, may require, thirty (30) days prior to each anniversary of the Effective Date during the Term. 7.3 Procedure. The Zoning Administrator shall conduct a duly noticed hearing and shall determine, on the basis of substantial evidence, whether or not Developer has, for the period under review, complied with the terms of this Agreement. If the Zoning Administrator finds that Developer has so complied, the annual review shall be concluded. If the Zoning Administrator finds, on the basis of substantial evidence, that Developer has not so complied, written notice shall be sent to Developer by first class mail of the Zoning Administrator's finding of non-compliance, and Developer shall be given at least ten (10) days to cure any noncompliance that relates to the payment of money and thirty (30) days to cure any other type of noncompliance. If a cure not relating to the payment of money cannot be completed within thirty (30) days for reasons which are beyond the control of Developer, Developer must commence the cure within such thirty (30) days and diligently pursue such cure to completion. If Developer fails to cure such noncompliance within the time(s) set forth above, such failure shall be considered to be a Default and City shall be entitled to exercise the remedies set forth in Article 8 below. 7.4 Annual Review a Non -Exclusive Means for Determining and Requiring Cure of Developer's Default. The annual review procedures set forth in this Article 7 shall not be the exclusive means for City to identify a Default by Developer or limit City's rights or remedies for any such Default. 8. Events of Default. 8.1 General Provisions. In the event of any material default, breach, or violation of the terms of this Agreement ("Default"), the Party alleging a Default shall have the right to deliver a written notice (each, a "Notice of Default") to the defaulting Party. The Notice of Default shall specify the nature of the alleged Default and a reasonable manner and sufficient period of time (twenty (20) days if the Default relates to the failure to timely make a monetary payment due hereunder and not less than thirty (30) days in the event of non -monetary Defaults) in which the Default must be cured ("Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of this Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then the Default thereafter shall be deemed not Planning Commission Resolution No. 2033 to exist. If a non -monetary Default cannot be cured during the Cure Period with the exercise of commercially reasonable diligence, the defaulting Party must promptly commence to cure as quickly as possible, and in no event later than thirty (30) days after it receives the Notice of Default, and thereafter diligently pursue said cure to completion. 8.2 Default by Developer. If Developer is alleged to have committed Default and it disputes the claimed Default, it may make a written request for an appeal hearing before the City Council within ten (10) days of receiving the Notice of Default, and a public hearing shall be scheduled at the next available City Council meeting to consider Developer's appeal of the Notice of Default. Failure to appeal a Notice of Default to the City Council within the ten (10) day period shall waive any right to a hearing on the claimed Default. If Developer's appeal of the Notice of Default is timely and in good faith but after a public hearing of Developer's appeal the City Council concludes that Developer is in Default as alleged in the Notice of Default, the accrual date for commencement of the thirty (30) day Cure Period provided in Section 8.1 shall be extended until the City Council's denial of Developer's appeal is communicated to Developer in writing. 8.3 City's Option to Terminate Agreement. In the event of an alleged Developer Default, City may not terminate this Agreement without first delivering a written Notice of Default and providing Developer with the opportunity to cure the Default within the Cure Period, as provided in Section 8.1, and complying with Section 8.2 if Developer timely appeals any Notice of Default. A termination of this Agreement by City shall be valid only if good cause exists and is supported by evidence presented to the City Council at or in connection with a duly noticed public hearing to establish the existence of a Default. The validity of any termination may be judicially challenged by Developer. Any such judicial challenge must be brought within ninety (90) calendar days of service on Developer, by first class mail, postage prepaid, of written notice of termination by City or a written notice of City's determination of an appeal of the Notice of Default as provided in Section 8.2. 8.4 Default by City. If Developer alleges a City Default and alleges that the City has not cured the Default within the Cure Period, Developer may pursue any legal or equitable remedy available to it, including, without limitation, an action for a writ of mandamus, injunctive relief, or specific performance of City's obligations set forth in this Agreement. Upon a City Default, any resulting delays in Developer's performance hereunder shall neither be a Developer Default nor constitute grounds for termination or cancellation of this Agreement by City and shall, at Developer's option (and provided Developer delivers written notice to City within thirty (30) days of the commencement of the alleged City Default), extend the Term for a period equal to the length of the delay. 8.5 Waiver. Failure or delay by any Party in delivering a Notice of Default shall not waive that Party's right to deliver a future Notice of Default of the same or any other Default. 8.6 Specific Performance Remedy. Planning Commission Resolution No. 2033 Due to the size, nature, and scope of the Project, it will not be practical or possible to restore the Property to its pre-existing condition once implementation of this Agreement has begun. After such implementation, both Developer and City may be foreclosed from other choices they may have had to plan for the development of the Property, to utilize the Property or provide for other benefits and alternatives. Developer and City have invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement. It is not possible to determine the sum of money which would adequately compensate Developer or City for such efforts. For the above reasons, City and Developer agree that damages would not be an adequate remedy if either City or Developer fails to carry out its obligations under this Agreement. Therefore, specific performance of this Agreement is necessary to compensate Developer if City fails to carry out its obligations under this Agreement or to compensate City if Developer falls to carry out its obligations under this Agreement. 8.7 Monetary Damages. The Parties agree that monetary damages shall not be an available remedy for any Party for a Default hereunder by the other Party; provided, however, that (i) nothing in this Section 8.7 is intended or shall be interpreted to limit or restrict City's right to recover the Public Benefit Fees due from Developer as set forth herein; and (ii) nothing in this Section 8.7 is intended or shall be interpreted to limit or restrict Developer's indemnity obligations set forth in Article 10 or the right of the prevailing Party in any Action to recover its litigation expenses, as set forth in Section 8.10. 8.8 Additional City Remedy for Developer's Default. In the event of any Default by Developer, in addition to any other remedies which may be available to City, whether legal or equitable, City shall be entitled to receive and retain any Development Exactions applicable to the Project or the Property, including any fees, grants, dedications, or improvements to public property which it may have received prior to Developer's Default without recourse from Developer or its successors or assigns. 8.9 No Personal Liability of City Officials, Employees, or Agents. No City official, employee, or agent shall have any personal liability hereunder for a Default by City of any of its obligations set forth in this Agreement. 8.10 Recovery of Legal _ Expenses by Prevailing Part. in Action. In any judicial proceeding, arbitration, or mediation (collectively, an "Action") between the Parties that seeks to enforce the provisions of this Agreement or arises out of this Agreement, the prevailing Party shall recover all of its actual and reasonable costs and expenses, regardless of whether they would be recoverable under California Code of Civil Procedure section 1033.5 or California Civil Code section 1717 in the absence of this Agreement. These costs and expenses include court costs, expert witness fees, attorneys' fees, and costs of investigation and preparation before initiation of the Action. The right to recover these costs and expenses shall accrue upon initiation of the Action, regardless of whether the Action is prosecuted to a final judgment or decision. Planning Commission Resolution No. 2033 9. Force Majeure. No Party shall be deemed to be in Default where failure or delay in performance of any of its obligations under this Agreement is caused, through no fault of the Party whose performance is prevented or delayed, by floods, earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes or other labor difficulties, state or federal regulations, or court actions. Except as specified above, nonperformance shall not be excused because of the act or omission of a third person. In no event shall the occurrence of an event of force majeure operate to extend the Term of this Agreement. In addition, in no event shall the time for performance of a monetary obligation, including without limitation Developer's obligation to pay Public Benefit Fees, be extended pursuant to this Section. 10. Indemnity Obligations of Developer. 10.1 Indemnity Arising From Acts or Omissions of Developer. Except to the extent caused by the intentional misconduct or negligent acts, errors or omissions of City or one or more of City's officials, employees, agents, attorneys, and contractors (collectively, the "City's Affiliated Parties"), Developer shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against all suits, claims, liabilities, losses, damages, penalties, obligations, and expenses (including but not limited to reasonable attorneys' fees and costs) (collectively, a "Claim") that may arise, directly or indirectly, from the acts, omissions, or operations of Developer or Developer's agents, contractors, subcontractors, agents, or employees in the course of Development of the Project or any other activities of Developer relating to the Property or pursuant to this Agreement. City shall have the right to select and retain counsel to defend any Claim filed against City and/or any of City's Affiliated Parties, and Developer shall pay the reasonable cost for defense of any Claim. The indemnity provisions in this Section 10.1 shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date. 10.2 Third Party Litigation. In addition to its indemnity obligations set forth in Section 10.1, Developer shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any Claim against City or City's Affiliated Parties seeking to attack, set aside, void, or annul the approval of this Agreement, the Adopting Ordinance, any of the Development Plan approvals for the Project (including without limitation any actions taken pursuant to CEQA with respect thereto), any Subsequent Development Approval, or the approval of any permit granted pursuant to this Agreement. Said indemnity obligation shall include payment of reasonable attorney's fees, expert witness fees, and court costs. City shall promptly notify Developer of any such Claim and City shall cooperate with Developer in the defense of such Claim. Developer shall not be responsible to indemnify, defend, and hold City harmless from such Claim until Developer is so notified and if City fails to cooperate in the defense of a Claim Developer shall not be responsible to defend, indemnify, and hold harmless City during the period that City so fails to cooperate or for any losses attributable thereto. City shall be entitled to retain separate counsel to represent City against the Claim and the City's reasonable defense costs for its separate counsel shall be included in Developer's indemnity obligation, provided that such counsel shall reasonably cooperate with Developer in an effort to minimize the total litigation Planning Commission Resolution No. 2033 expenses incurred by Developer. In the event either City or Developer recovers any attorney's fees, expert witness fees, costs, interest, or other amounts from the party or parties asserting the Claim, Developer shall be entitled to retain the same (provided it has fully performed its indemnity obligations hereunder). No settlement of any Claim against City or City's Affiliated Parties shall be executed without the written consent of both the City and Developer. The indemnity provisions in this Section 10.2 shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date. 10.3 Environmental Indemnity. In addition to its indemnity obligations set forth in Section 10.1, from and after the Effective Date Developer shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any and all Claims for personal injury or death, property damage, economic loss, statutory penalties or fines, and damages of any kind or nature whatsoever, including without limitation reasonable attorney's fees, expert witness fees, and costs, based upon or arising from any of the following: (i) the actual or alleged presence of any Hazardous Substance on or under any of the Property in violation of any applicable Environmental Law; (ii) the actual or alleged migration of any Hazardous Substance from the Property through the soils or groundwater to a location or locations off of the Property; and (iii) the storage, handling, transport, or disposal of any Hazardous Substance on, to, or from the Property and any other area disturbed, graded, or developed by Developer in connection with Developer's Development of the Project. The indemnity provisions in this Section 10.3 shall commence on the Effective Date occurs, and shall survive the Termination Date. 11. Assignment. Developer shall have the right to sell, transfer, or assign (hereinafter, collectively, a "Transfer") Developer's interest in or fee title to the Property, in whole or in part, to a "Permitted Transferee" (which successor, as of the effective date of the Transfer, shall become the "Developer" under this Agreement) at any time from the Agreement Date until the Termination Date; provided, however, that no such Transfer shall violate the provisions of the Subdivision Map Act (Government Code Section 66410 et seq.) or City's local subdivision ordinance and any such transfer shall include the assignment and assumption of Developer's rights, duties, and obligations set forth in or arising under this Agreement as to the Property or the portion thereof so Transferred and shall be made in strict compliance with the following conditions precedent: (i) no transfer or assignment of any of Developer's rights or interest under this Agreement shall be made unless made together with the Transfer of all or a part of Developer's interest in the Property; and (ii) prior to the effective date of any proposed Transfer, Developer (as transferor) shall notify City, in writing, of such proposed Transfer and deliver to City a written assignment and assumption, executed in recordable form by the transferring and successor Developer and in a form subject to the reasonable approval of the City Attorney of City (or designee), pursuant to which the transferring Developer assigns to the successor Developer and the successor Developer assumes from the transferring Developer all of the rights and obligations of the transferring Developer with respect to the Property, or interest in the Property, or portion thereof to be so Transferred, including in the case of a partial Transfer the obligation to perform such obligations that must be performed outside of the Property so Transferred that are a condition precedent to the successor Developer's right to develop the portion of the Property so Transferred. Any Permitted Transferee shall have all of the same rights, benefits, duties, Planning Commission Resolution No. 2033 obligations, and liabilities of Developer under this Agreement with respect to the portion of, or interest in, the Property sold, transferred, and assigned to such Permitted Transferee; provided, however, that in the event of a Transfer of less than all of the Property, or interest in the Property, no such Permitted Transferee shall have the right to enter into an amendment of this Agreement that jeopardizes or impairs the rights or increases the obligations of the Developer with respect to the balance of the Property, without Developer's written consent. Notwithstanding any Transfer, the transferring Developer shall continue to be jointly and severally liable to City, together with the successor Developer, to perform all of the transferred obligations set forth in or arising under this Agreement unless there is full satisfaction of all of the following conditions, in which event the transferring Developer shall be automatically released from any and all obligations with respect to the portion of the Property so Transferred: (i) the transferring Developer no longer has a legal or equitable interest in the portion of the Property so Transferred other than as a beneficiary under a deed of trust; (ii) the transferring Developer is not then in Default under this Agreement and no condition exists that with the passage of time or the giving of notice, or both, would constitute a Default hereunder; (iii) the transferring Developer has provided City with the notice and the fully executed written and recordable assignment and assumption agreement required as set forth in the first paragraph of this Section 11; and (iv) the successor Developer either (A) provides City with substitute security equivalent to any security previously provided by the transferring Developer to City to secure performance of the successor Developer's obligations hereunder with respect to the Property, or interest in the Property, or the portion of the Property so Transferred or (B) if the transferred obligation in question is not a secured obligation, the successor Developer either provides security reasonably satisfactory to City or otherwise demonstrates to City's reasonable satisfaction that the successor Developer has the financial resources or commitments available to perform the transferred obligation at the time and in the manner required under this Agreement and the Development Regulations for the Project. 12. Mortgagee Rights. 12.1 Encumbrances on Property. The Parties agree that this Agreement shall not prevent or limit Developer in any manner from encumbering the Property, any part of the Property, or any improvements on the Property with any Mortgage securing financing with respect to the construction, development, use, or operation of the Project. 12.2 Mortgagee Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Nevertheless, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. Any acquisition or acceptance of title or any right or interest in the Property or part of the Property by a Mortgagee (whether due to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination, or otherwise) shall be subject to all of the terms and conditions of this Agreement. Any Mortgagee who takes title to the Property or any part of the Property shall be entitled to the benefits arising under this Agreement. 12.3 Mortgagee Not Obligated. Planning Commission Resolution No. 2033 Notwithstanding the provisions of this Section 12.3, a Mortgagee will not have any obligation or duty under the terms of this Agreement to perform the obligations of Developer or other affirmative covenants of Developer, or to guarantee this performance except that: (i) the Mortgagee shall have no right to develop the Project under the Development Regulations without fully complying with the terms of this Agreement; and (ii) to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, that performance shall continue to be a condition precedent to City's performance. 12.4 Notice of Default to Mortgagee, Riaht of Mortgaizee to Cure. Each Mortgagee shall, upon written request to City, be entitled to receive written notice from City of. (i) the results of the periodic review of compliance specified in Article 7 of this Agreement, and (ii) any default by Developer of its obligations set forth in this Agreement. Each Mortgagee shall have a further right, but not an obligation, to cure the Default within thirty (30) days after receiving a Notice of Default with respect to a monetary Default and within sixty (60) days after receiving a Notice of Default with respect to a non -monetary Default. If the Mortgagee can only remedy or cure a non -monetary Default by obtaining possession of the Property, then the Mortgagee shall have the right to seek to obtain possession with diligence and continuity through a receiver or otherwise, and to remedy or cure the non -monetary Default within sixty (60) days after obtaining possession and, except in case of emergency or to protect the public health or safety, City may not exercise any of its judicial remedies set forth in this Agreement to terminate or substantially alter the rights of the Mortgagee until expiration of the sixty (60) -day period. In the case of a non -monetary Default that cannot with diligence be remedied or cured within sixty (60) days, the Mortgagee shall have additional time as is reasonably necessary to remedy or cure the Default, provided the Mortgagee promptly commences to cure the non -monetary Default within sixty (60) days and diligently prosecutes the cure to completion. 13. Miscellaneous Terms. 13.1 Notices. Any notice or demand that shall be required or permitted by law or any provision of this Agreement shall be in writing. If the notice or demand will be served upon a Party, it either shall be personally delivered to the Party; deposited in the United States mail, certified, return receipt requested, and postage prepaid; or delivered by a reliable courier service that provides a receipt showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows: TO CITY: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attn: City Manager Planning Commission Resolution No. 2033 With a copy to: City Attorney City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 TO DEVELOPER: Mr. Gino Canori OCMA Urban Housing, LLC 18201 Von Karman Avenue, Suite 900 Irvine, California 92912 With a copy to: Sean Matsler, Esq. Manatt, Phelps & Phillips, LLP 695 Town Center Drive, 14th Floor Costa Mesa, California 92626 TO OCMA: Mr. Todd Smith Orange County Museum Of Art 850 San Clemente Drive Newport Beach, CA 92660 Any Party may change the address stated in this Section 13.1 by delivering notice to the other Parties in the manner provided in this Section 13. 1, and thereafter notices to such Parry or Parties shall be addressed and submitted to the new address. Notices delivered in accordance with this Agreement shall be deemed to be delivered upon the earlier of. (i) the date received, or (ii) three business days after deposit in the mail as provided above. 13.2 Project as Private Undertaking. The Development of the Project is a private undertaking. Neither the Developer nor the City is acting as the agent of the other in any respect, and each is an independent contracting entity with respect to the terms, covenants, and conditions set forth in this Agreement. This Agreement forms no partnership, joint venture, or other association of any kind. The only relationship between the Parties is that of a government entity regulating the Development of private property by the owner of the property. 13.3 Cooperation. Each Party shall cooperate with and provide reasonable assistance to the other Party to the extent consistent with and necessary to implement this Agreement. Upon the request of a Party at any time, the other Party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record the required instruments and writings and take any actions as may be reasonably necessary to implement this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 13.4 Estoppel Certificates. At any time, any Party may deliver written notice to the other Party requesting that that Party certify in writing that, to the best of its knowledge: (i) this Agreement is in full force and Planning Commission Resolution No. 2033 effect and is binding on the Party; (ii) this Agreement has not been amended or modified either orally or in writing or, if this Agreement has been amended, the Party providing the certification shall identify the amendments or modifications; and (iii) the requesting Party is not in Default in the performance of its obligations under this Agreement and no event or situation has occurred that with the passage of time or the giving of Notice or both would constitute a Default or, if such is not the case, then the other Party shall describe the nature and amount of the actual or prospective Default. The Party requested to furnish an estoppel certificate shall execute and return the certificate within thirty (30) days following receipt. 13.5 Rules of Construction. The singular includes the plural; the masculine and neuter include the feminine; "shall" is mandatory; and "may" is permissive. 13.6 Time Is of the Essence. Time is of the essence regarding each provision of this Agreement as to which time is an element. 13.7 Waiver. The failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a Default by the other Party, shall not constitute a waiver of that Party's right to demand strict compliance by the other Party in the future. 13.8 Counterparts. AL., IV This Agreement may be executed in two or more counterparts, each of which shall be identical and may be introduced in evidence or used for any other purpose without any other counterpart, but all of which shall together constitute one and the same agreement. 13.9 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter addressed in this Agreement. 13.10 Severability. The Parties intend that each and every obligation of the Parties is interdependent and interrelated with the other, and if any provision of this Agreement or the application of the provision to any Party or circumstances shall be held invalid or unenforceable to any extent, it is the intention of the Parties that the remainder of this Agreement or the application of the provision to persons or circumstances shall be rendered invalid or unenforceable. The Parties intend that no Party shall receive any of the benefits of the Agreement without the full performance by such Party of all of its obligations provided for under this Agreement. Without Planning Commission Resolution No. 2033 limiting the generality of the foregoing, the Parties intend that Developer shall not receive any of the benefits of this Agreement if any of Developer's obligations are rendered void or unenforceable as the result of any third party litigation, and City shall be free to exercise its legislative discretion to amend or repeal the Development Regulations applicable to the Property and Developer shall cooperate as required, despite this Agreement, should third party litigation result in the nonperformance of Developer's obligations under this Agreement. The provisions of this Section 13.10 shall apply regardless of whether the Effective Date occurs and after the Termination Date. 13.11 Construction. This Agreement has been drafted after extensive negotiation and revision. Both City and Developer are sophisticated parties who were represented by independent counsel throughout the negotiations or City and Developer had the opportunity to be so represented and voluntarily chose to not be so represented. City and Developer each agree and acknowledge that the terms of this Agreement are fair and reasonable, taking into account their respective purposes, terms, and conditions. This Agreement shall therefore be construed as a whole consistent with its fair meaning, and no principle or presumption of contract construction or interpretation shall be used to construe the whole or any part of this Agreement in favor of or against any Party. 13.12 Successors and Assigns; Constructive Notice and Acceptance. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to Development of the Property: (i) is for the benefit of and is a burden upon every portion of the Property; (ii) runs with the Property and each portion thereof, and (iii) is binding upon each Party and each successor in interest during its ownership of the Property or any portion thereof. Every person or entity who now or later owns or acquires any right, title, or interest in any part of the Project or the Property is and shall be conclusively deemed to have consented and agreed to every provision of this Agreement. This Section 13.12 applies regardless of whether the instrument by which such person or entity acquires the interest refers to or acknowledges this Agreement and regardless of whether such person or entity has expressly entered into an assignment and assumption agreement as provided for in Section 11. 13.13 No Third Party Beneficiaries. The only Parties to this Agreement are City and Developer. This Agreement does not involve any third party beneficiaries, and it is not intended and shall not be construed to benefit or be enforceable by any other person or entity. 13.14 Applicable Law and Venue. This Agreement shall be construed and enforced consistent with the internal laws of the State of California, without regard to conflicts of law principles. Any action at law or in equity arising under this Agreement or brought by any Party for the purpose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or the United States District Court Planning Commission Resolution No. 2033 for the Central District of California. The Parties waive all provisions of law providing for the removal or change of venue to any other court. 13.15 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect construction or interpretation of this Agreement. 13.16 Incorporation of Recitals and Exhibits. All of the Recitals are incorporated into this Agreement by this reference. Exhibits A and B are attached to this Agreement and incorporated by this reference as follows: EXHIBIT DESIGNATION DESCRIPTION A Legal Description of Property B Depiction of the Property and 0.9 Acre Parcel C Legal Description of 0.9 Acre Parcel D 0.9 Acre Parcel Donation Agreement E Schedule of Development Impact Fees 13.17 Recordation. The City Clerk of City shall record this Agreement and any amendment, modification, or cancellation of this Agreement in the Office of the County Recorder of the County of Orange within the period required by California Government Code section 65868.5 and City of Newport Beach Municipal Code section 15.45.090. The date of recordation of this Agreement shall not modify or amend the Effective Date or the Termination Date. [SIGNATURE PAGE FOLLOWS] Planning Commission Resolution No. 2033 SIGNATURE PAGE TO DEVELOPMENT AGREEMENT "DEVELOPER" OCMA Urban Housing, LLC a California limited liability corporation By: Name: Title: "OCMA" ATTEST: City Clerk APPROVED AS TO FORM: Aaron Harp, City Attorney By: Name: Title: "CITY" CITY OF NEWPORT BEACH C Its: Mayor Planning Commission Resolution No. 2033 ACKNOWLEDGEMENTS A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 1 , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Planning Commission Resolution No. 2033 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 2 OF THE PARCEL MAP, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 81- PAGES 8 AND 9, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE SAID LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE SAID LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND, AS RESERVED BY THE IRVINE COMPANY IN THE DEED RECORDED FEBRUARY 28, 1977, IN BOOK 12085, PAGE 1561, OF OFFICIAL RECORDS_ APN: 442-261-05 Planning Commission Resolution No. 2033 EXHIBIT B DEPICTION OF PROPERTY AND 0.9 ACRE PARCEL This Map is being rumished as a convenience to ]ocatr the j` heroin described land in relation to adjoining streets, and other �r s Janda-Tire Company does not guarantee dimensions, distances, bearings.or acreage stated thereon, nor Is It 442-21 Intended to illustrate legs] building sites or supersede Cdty or Q County ordinances. I.e. zoning and building codes, etc. Of tial Irtrormation c"coming the use or any parcel should T7 be obtained "in local government agencies- IRV71V� p,RNf y a yy++ GO RN. rr-4P Y•�;j V 4Az aC. SR BLK. 55 IO.NAf. �q1 q+fy W. r t{ „TRACT R, W. Ir5-rr \tel :1 —L rorr ®crural.>� i• 1,... II 10-3 P.u, rrJ�r' e•• a 'a-' Cq Pt 14 Rwl 3 '� 9 YMpsdT � �y fr-cux'. =�Atal M• ' \� � Px Jr�ef r74 _ r e'.06d^C- l f R.k. Me -ea SA as-rr'a.ePi'viia-n: P.mr.c5� S^ �� sax 5t�ff fag AC 8.f56 <:. ,SyJg 946`3 \ AC AV. 1517 6AR6gF4 1#7 AR E �i PARCEL N(I ERS .. - . �`�• IRVINE SUB er N. 1-66 SHOW IN CIRCLES Pe SrM ,WIRCN rg76 TRACT NO. 6075 'S..,r,5, M. M. P74 -M To 41 mr. ,.re xnrs4wvs wrr rPvzsr}°�; rrf� y\ TRACT NO. 15178 k. il. 737-45,46.47 PARCEL AVIP P.N. 81-8 136 PP.r75-PP 3,+'...15 AAI 7A,r` I6 Planning Commission Resolution No. 2033 EXHIBIT C LEGAL DESCRIPTION OF 0.9 ACRE PARCEL THE LAND REFERRED TO HEREIN BELOW I5 SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 2, AS SHOWN ON EXHIBIT "B" OF CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT, N.B.L.L.A. 95-3, CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED OCTOBER 31, 1995, AS INSTRUMENT NO. 19954483821, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHT'S, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE SAID LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE SAID LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND AS RESERVED BY THE IRVINE COMPANY IN THE DEED RECORDED NOVEMBER 22, 1995, AS INSTRUMENT NO. 19950519960. OF OFFICIAL RECORDS. EXCEPT ANY AND ALL WATER RIGHTS OR INTERESTS THEREIN APPURTENANT OR RELATING TO THE LAND OR WITH RESPECT TO THE LAND, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL, TOGETHER WITH THE RIGHT AND POWER TO DRILL, REDRILL, STORE IN AND REMOVE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTEREST ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, BUT WITHOUT, HOWEVER ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, AS RESERVED BY THE IRVINE COMPANY IN THE DEED RECORDED NOVEMBER 22, 1995, AS INSTRUMENT NO. 19954519960, OF OFFICIAL RECORDS. AN APPURTENANT NON-EXCLUSIVE JOINT ACCESS EASEMENT FOR ACCESS, INGRESS AND EGRESS OVER THAT PORTION OF PARCEL I AS SHOWN ON EXHIBIT "B" OF CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT N.B.L.L.A. 95-3, RECORDED OCTOBER 31, 1995, AS INSTRUMENT NO. 19950483821, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY SOUTHEASTERLY CORNER OF SAID PARCEL 1; THENCE, NORTHERLY ALONG THE EASTERLY PARCEL LINE OF SAID PARCEL 1 NORTH 070 03'01" WEST 55.00 FEET; THENCE, SOUTH 82° 56' 59" WEST 65.00 FEET; THENCE, SOUTH 07° 03' 01" EAST 55.00 FEET TO A POINT ON THE MOST SOUTHERLY LINE OF SAID PARCEL 1, SAID POINT BEING ALSO ON THE MOST NORTHERLY RIGHT OF WAY LINE OF SAN CLEMENTE DRIVE; THENCE, EASTERLY ALONG SAID SOUTHERLY LINE AND SAID RIGHT OF WAY LINE NORTH 820 56'59" EAST 65.00 FEET TO THE POINT OF BEGINNING. APN: 442-261-17 Planning Commission Resolution No. 2033 EXHIBIT D 0.9 ACRE PARCEL DONATION AGREEMENT Planning Commission Resolution No. 2033 DONATION AGREEMENT by and between The City of Newport Beach and the Orange County Museum of Art Regarding 0.9 Acre Parcel (APN # 442-261-17) This Donation Agreement ("Agreement") is made by and between the City of Newport Beach ("City"), a California municipal corporation, and the Orange County Museum of Art (successor -in -interest by merger to Newport Harbor Art Museum) ("OCMA"), a California nonprofit public benefit corporation, as of , 2016 ("Effective Date"). City and OCMA are referred to in this Agreement individually as a "Party" and collectively as the "Parties." RECITALS A. OCMA is the owner of fee title to that certain approximately 0.9 acre real property parcel located in the City located at 856 San Clemente Drive (APN # 442-261-17), as more particularly described in Exhibit A and depicted on Exhibit B, attached hereto, including all fixtures and improvements thereon (collectively, the "0.9 Acre Parcel"). B. OCMA is also the owner of fee title to a 1.99 -acre parcel located at 850 San Clemente Drive (APN # 442-261-05) (the "Museum Parcel"). OCMA has entered into a contract with OCMA Urban Housing, LLC ("Developer") for the purchase of the Museum Parcel (the "Museum Parcel Purchase Agreement"). C. The Museum Parcel is subject to the provisions of that certain Development Agreement by and between the City and Developer (Ordinance No. _, the "Development Agreement") regarding the entitlement and development of the Museum Parcel for the "Museum House" project comprised of one -hundred (100) residential dwelling units ("Project"). The Development Agreement was introduced on , 2016 and adopted by the Newport Beach City Council on , 2016. As a condition to the Development Agreement, Section 3.2 thereof requires Developer to cause OCMA to donate the 0.9 Acre Parcel to the City. OCMA has agreed to such donation of the 0.9 Acre Parcel on the terms set forth herein. D. Consistent with the Development Agreement, the Parties desire that fee ownership of the 0.9 Acre Parcel be transferred via quitclaim deed to, and vested in, the City, subject to a limited -term Leaseback (defined below) to OCMA on the Planning Commission Resolution No. 2033 terms set forth herein, and that the 0.9 Acre Parcel be thereafter held and operated in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the above, OCMA offers to donate the 0.9 Acre Parcel to the City in fee, and the City accepts said offer, upon the following terms and conditions: 1. Timing. Subject to the condition precedent set forth in Section 4 of this Agreement, OCMA agrees to convey, assign, and transfer all of its interest in the 0.9 Acre Parcel to the City pursuant to a quitclaim deed, duly executed and acknowledged by OCMA, within thirty (30) days of the last of the following events to occur ("Transfer Date"): a. Thirty (30) days after the date that the City Council adopts the Development Agreement via ordinance ("Adopting Ordinance"); b. If a referendum concerning: (i) the Adopting Ordinance: (ii) any of the land use entitlements, approvals and/or permits approved by the City for the Project, or any of the land use and subdivision regulations governing the Project (collectively, "Project Approvals") is timely qualified for the ballot and a referendum election is held concerning same, the date on which the referendum is certified resulting in upholding and approving same and allowing for the development of the Project; c. If a lawsuit is timely filed challenging the Project Approvals, the date on which said challenge is finally resolved in favor of same whether such finality is achieved by a final non -appealable judgment, voluntary or involuntary dismissal (and the passage of any time required to appeal an involuntary dismissal), or binding written settlement agreement; or d. The date on which title to_850 San Clemente Drive (APN # 442-261-05) has been transferred to, and vested in, OCMA Urban Housing, LLC as evidenced by an instrument duly recorded with the Office of the County Recorder of the County of Orange. 2. Leaseback. Beginning on the Transfer Date, City shall lease the 0.9 Acre Parcel back to the OCMA for a term of five (5) years ("Leaseback"), pursuant to the following terms and conditions: a. Leaseback Financial Obligations. OCMA's annual rent obligation shall be fixed at one dollar ($1.00). During the Leaseback, OCMA shall be solely responsible for any maintenance expenses, building insurance, and property taxes (i.e., triple net lease). b. City's Leaseback Rights. The City shall retain limited access rights to the 0.9 Acre Parcel throughout the Leaseback to inspect, survey and/or Planning Commission Resolution No. 2033 analyze the 0.9 Acre Parcel. The City's access during the Leaseback shall occur, if at all: (i) during normal business hours; (ii) subject to three (3) calendar days' prior written notice to OCMA; and (iii) in strict compliance with OCMA's reasonable security procedures. The City's access shall not materially interfere with OCMA's use of the 0.9 Acre Parcel. The City has no right to make any physical improvements or modifications to the 0.9 Acre Parcel during the Leaseback. c. Leaseback Indemnification. City shall indemnify, defend, save, and hold harmless OCMA, its elected officers, employees, and agents, from and against any and all liability, expense (including defense costs and legal fees), and claims for damages of any nature whatsoever arising out of the City's use of the 0.9 Acre Parcel during the Leaseback. The foregoing terms shall be set forth in a lease agreement to be executed by OCMA, as tenant, and the City, as landlord, on or before the Transfer Date, in such form as may be reasonably acceptable to the Parties. 3. Physical Condition. OCMA offers the 0.9 Acre Parcel to the City in "as is" condition, without any representations or warranties regarding physical condition of the 0.9 Acre Parcel or its improvements. OCMA shall have no obligation to the City to perform any repairs, alterations or improvements to the 0.9 Acre Parcel (other than normal maintenance during the Leaseback). 4. Declaration of Special Land Use Restrictions. As a condition precedent to the effectiveness of this Agreement and OCMA's execution thereof, the City shall deliver to OCMA written consent to said transfer from The Irvine Company, as well as The Irvine Company's waiver of its future rights and OCMA's future obligations under the Declaration of Special Land Use Restrictions, Right of First Refusal, Mortgage Lien and Other Remedies recorded in the County of Orange, California (Instrument No. 19950519961). 5. City Use of 0.9 Acre Parcel. Following expiration of the Leaseback term, the 0.9 Acre Parcel shall be used in a manner that is consistent with the City's General Plan and corresponding zoning. No physical redevelopment of the 0.9 Acre Parcel is contemplated as of the Effective Date, and the City intends to continue to operate the 0.9 Acre Parcel in a manner consistent with its operations on the Effective Date for the foreseeable future. To the extent that the City may wish to change the use or development of the 0.9 Acre Parcel at a currently -unforeseen point in the future, such a change would be required to adhere to all applicable development controls, including but not limited to Title 20 of the Municipal Code (planning, zoning and density bonus), Title 5 of the Municipal Code (business licenses and regulations), the Subdivision Map Act (Government Code Section 66410 et seq.), the California Environmental Quality Act (California Public Resources Code Sections 21000-21177) and CEQA's implementing regulations as Planning Commission Resolution No. 2033 promulgated thereunder by the Secretary for Resources (California Code of Regulations, Title 14, Section 15000 et seq.). 6. Condition of 0.9 Acre Parcel. City acknowledges that neither OCMA, its agents, employees nor its other representatives have made any representations or warranties regarding any matter relating to the 0.9 Acre Parcel, including but not limited to the 0.9 Acre Parcel's physical condition, title, environmental conditions, adequacy of design, suitability for a particular purpose, effect of zoning and/or other applicable laws, regulations and/or governmental rulings, or the accuracy, completeness or relevance of any materials or information regarding the 0.9 Acre Parcel. City agrees that it is relying exclusively on its own independent judgment of all such matters and the 0.9 Acre Parcel is being accepted in an "as -is, where -is, with -all -faults" condition with all physical or title defects. 7. Indemnification. City shall indemnify, defend, save, and hold harmless OCMA, its elected officers, employees, and agents, from and against any and all liability, expense (including defense costs and legal fees), and claims for damages of any nature whatsoever arising out of OCMA's donation of the 0.9 Acre Parcel to the City excluding only claims arising during the term of the Leaseback which are proximately caused by the acts or omissions of OCMA or its employees, agents or permittees on the 0.9 Acre Parcel. 8. Taxes and Assessments. OCMA shall pay all general and special real property taxes and supplemental assessments, as well as any assessments, special taxes or other payments arising from bonds, contracts, or liens created by, through or as a result of the efforts or activities of OCMA (collectively, "Obligations") that have accrued prior to the Transfer Date. Except as set forth in Section 2 of this Agreement, City shall pay for all Obligations accruing from the Transfer Date. 9. Transactional Fees. All recording, escrow, title, insurance and other fees necessary to effect the donation of the 0.9 Acre Parcel to the City shall be paid by the City. 10. Amendment. This Agreement may be amended only by the written mutual consent of OCMA and the City. 11. Required Actions of City and OCMA. City and OCMA agree to execute all such instruments and documents and to take all actions pursuant to the provisions of this Agreement in order to consummate donation of the 0.9 Acre Parcel. Notwithstanding the foregoing, in no event shall the City have any right to record this Agreement or any memorandum thereof prior to satisfaction of the City's obligations under Section 4 above to deliver to OCMA the written consent to transfer and waiver of rights under the SLURS by The Irvine Company as required thereby. Planning Commission Resolution No. 2033 12. Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the 0.9 Acre Parcel and supersedes all prior oral and written communications regarding same. 13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same Agreement. 14. California Law. This Agreement shall be construed in accordance with the laws of the State of California. 15. Waivers. No waiver by either Party of any provision of this Agreement shall be deemed a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provision. 16. Headings. The headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections of this Agreement. 17. Severability. In the event any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such portion shall be severed from this Agreement and the remaining parts shall remain in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement, provided that the remaining provisions of the Agreement can be reasonably and equitably enforced. 18. Binding Effect. The provisions of this Agreement shall be binding upon the Parties and their respective successors -in -interest. 19. Individual Authority. The individuals executing this Agreement on behalf of both Parties affirm that they have the legal power, right, and authority to bind the Parties to the terms and conditions of this Agreement. 20. Assistance of Counsel. Each Party either had the assistance of counsel or had counsel available to it, in the negotiation for, and the execution of, this Agreement, and all related documents. 21. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested or by Express Mail or Federal Express to the following address: To City: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attn: City Attorney Planning Commission Resolution No. 2033 To OCMA: Orange County Museum of Art 850 San Clemente Drive Newport Beach, CA 92660 Attn: Director and CEO Notice shall be deemed given two (2) business days after deposit with a carrier as specified above. Notice of a change of address shall be given by written notice in the manner detailed herein. ***********************SIGNATURE PAGE FOLLOWS********************** Planning Commission Resolution No. 2033 IN WITNESS WHEREOF, the Parties have executed this Agreement or caused it to be executed on their behalf, on the day, month, and year first written above. "OCMA" Uz Name: Title: "CITY" CITY OF NEWPORT BEACH Its: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Aaron Harp, City Attorney 1329748.4 Planning Commission Resolution No. 2033 EXHIBIT E SCHEDULE OF DEVELOPMENT IMPACT FEES 1. Park Dedication Fee: $26,125 per new residential unit as established by City Council Resolution No. 2007-30. 2. Fair Share Traffic Fee: $203.29/trip as specified in the June 21, 206 Traffic Engineer Memorandum to the Planning Department. 317298119.4 Planning Commission Resolution No. 2033 Exhibit "F" Project Plans Including Vesting Tentative Tract Map No. NT2016-001 03-03-2015 RAMSA ROBERT A.M. STERN ARCHITECTS MVE + P A R T N E R S ENTITLEMENT SET OCTOBER 12, 2016 OCMA 850 San Clemente Drive Newport Beach, CA COVER SHEET running commission Kesomion ivo. zujj SHEET INDEX - ARCHITECTURAL A0.0 COVER SHEET C-02 A0.1 SITE PLAN & PROJECT SUMMARY (*UPDATED SHEET) A0.2 OPEN SPACE DIAGRAMS - COMMON OPEN SPACE (*UPDATED SHEET) A0.3 OPEN SPACE DIAGRAMS - PRIVATE OPEN SPACE (*UPDATED SHEET) A0.4 OPEN SPACE DIAGRAMS - PRIVATE OPEN SPACE (*UPDATED SHEET) A1.1 -A FLOOR PLAN - LEVEL 131 (*UPDATED SHEET) A1.1 -B FLOOR PLAN - LEVEL B2 (*UPDATED SHEET) A1.2 FLOOR PLAN - LEVEL 1 - 2 (*UPDATED SHEET) A1.3 FLOOR PLAN - LEVEL 3 - 6 A1.4 FLOOR PLAN - LEVEL 7 - 14 A1.5 FLOOR PLAN - LEVEL 15 - 16 A1.6 FLOOR PLAN - LEVEL 17 - 19 A1.7 FLOOR PLAN - LEVEL 20 - 21 A1.8 FLOOR PLAN - LEVEL 22 - 23 A1.9 FLOOR PLAN - LEVEL 24 - 25 A1.10 FLOOR PLAN - ROOF LEVEL A2.1 FRONT ELEVATION (*UPDATED SHEET) A2.2 BACK ELEVATION (*UPDATED SHEET) A2.3 NORTH & SOUTH ELEVATIONS (*UPDATED SHEET) A3.1 SITE SECTION 1 (*UPDATED SHEET) SHEET INDEX - FIRE ACCESS FP -1 FIRE MASTER SITE PLAN (*UPDATED SHEET) SHEET INDEX - CIVIL C-01 CONCEPT GRADING C-02 SECTIONS C-03 SECTIONS C-04 SECTIONS C-05 TREE EXHIBIT C-06 SECTIONS C -CM CONSTRAINTS MAP C-FHLE FIRE HYDRANT LOCATION EXHIBIT C-VTTM VESTING TENTATIVE TRACT MAP SHEET INDEX - LANDSCAPE L1.0 HARDSCAPE PLAN - GROUND FLOOR (*UPDATED SHEET) L1.1 HARDSCAPE PLAN - ROOF GARDENS (*UPDATED SHEET) L2.0 PLANTING PLAN - GROUND FLOOR (*UPDATED SHEET) L2.1 PLANTING PLANS - ROOF GARDENS (*UPDATED SHEET) VICINITY MAP C X11 r RELATED 10/14/2016 PROJECT INFORMATION Site Address: RESIDENTIAL DENSITY GENERAL PLAN DESIGNATION Lot 1 APN:442-261-05 850 San Clemente Drive 10012.00 ac = 50 Units per Acre San Joaquin Plaza REQUIRED PARKING: LOT AREA AND LOT AREA COVERAGE Newport Beach, CA 92660 OWNERSHIP ARCHITECT DESIGN ARCHITECT REQUIRED: SF 250 STALLS OCMA Urban Housing, LLC MVE + Partners Robert A.M. Stern Architects, LLP RESIDENTIAL 500 200 STALLS 18201 Von Karman Avenue, 1900 Main St, 460 West 34th Street GUEST Lot Coverage - 9 50 STALLS Suite 900 Suite 800 New York, NY 10001 UNITS 1,500 SF Tower (30%) - Irvine, CA 92612 Irvine, CA 92614 Contact: Daniel Lobitz TOTAL REQUIRED: 99500 SF Contact: Steven Oh. Contact: Matthew F. McLarand 7:212.967.5100 F:212.967.5588 PROVIDED: 250 STALLS T:949.660.7272 T:949.809.3388 F:949.809.3399 Subtotal - 86,012 sf (1.97 acre) PROVIDED CIVIL LANDSCAPE LAND USE CONSULTAN RESIDENTIAL 200 STALLS Fuscoe Engineering Inc. Pamela Burton & Company Manatt, Phelps & Phillips, LLP GUEST SF 50 STALLS 16795 Von Karman, 1430 Olympic Boulevard 695 Town Center Drive 14th Floor GROUND LEVEL OUTDOOR AMENITIES - 447365 SF Suite 100 Santa Monica, CA 90404 costa Mesa, CA 92626 *PER GENERAL PLAN PC -56:2 SPACES PER UNIT INCLUDES 1 COVERED: PLUS 0.5 Irvine, California 92606 contact: Pamela Burton contact: sewn Matsler SPACES PER UNIT UP TO 50 UNITS 0.25 THEREAFTER FOR GUEST PARKING Contact: John Olivier T:310.828.6373 F:310.828.8054 T: 714.371.2500 F:714.371.2550 15 FT 5 FTTOTAL LANDSCAPING (10% MIN) - 17,587 T:213.673.4400 F:213.673.4410 REAR YARD - 5 FT TOTAL NON -LANDSCAPED SPACE - PROJECT DESCRIPTION SF o Q LCV FLOOR AREA r • - PL THE PROJECT CONSISTS OF (1) MULTI -STORY 1ST FLOOR AREA: 21409 SF 14TH FLOOR AREA: 16,021 SF ' RESIDENTIAL BUILDING. 2ND FLOOR AREA: 17,022 SF 15TH FLOOR AREA: 16,011 SF 25 STORIES OF RESIDENTIAL 3RD FLOOR AREA: 17,597 SF 16TH FLOOR AREA: 16,011 SF ' 2 LEVELS OF UNDERGROUND PARKING 4TH FLOOR AREA: 17,597 SF 17TH FLOOR AREA: 14,536 SF BUILDING SHALL BE COMPLETELY SPRINKLERED. 5TH FLOOR AREA: 17,597 SF 6TH FLOOR AREA: 16,215 SF 18TH FLOOR AREA: 19TH FLOOR AREA: 14,550 SF 14,550 SF LEGAL DESCRIPTION PARCEL 2 OF THE PARCEL MAP, IN THE CITY OF NEWPORT BEACH, COUNTY OF 7TH FLOOR AREA: 16,329 SF 20TH FLOOR AREA: 14 453 SF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 81, > PAGES 8 AND 9, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF 8TH FLOOR AREA: 16,329 SF 21 T FLOOR AREA: 13,947 SF SA0 COUNTY. 9TH FLOOR AREA: 16,329 SF 22ND FLOOR AREA: 13,045 SF EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL EXISTING EASEMENT: PURPOSE - SEWER GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, 10TH FLOOR AREA: 16,329 SF 23RD FLOOR AREA: 12,645 SF GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT 11TH FLOOR AREA: 16,329 SF 24TH FLOOR AREA: 11,728 SF OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS, INCLUDING THE 12TH FLOOR AREA: 16,329 SF 25TH FLOOR AREA: 111721 SF RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE SAID LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH 13TH FLOOR AREA: 16,329 SF TOTAL: 3915158 SF OR ACROSS THE SUBSURFACE OF THE SAID LAND AND TO BOTTOM SUCH - - WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, PARKING STRUCTURE GROSS AREA: 1157828 SF RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND LEVEL P1 - 607259 SF OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND, AS RESERVED BY THE IRVINE COMPANY IN THE DEED RECORDED LEVEL P2 - 557569 SF FEBRUARY 28, 1977, IN BOOK 12085, PAGE 1561, OF OFFICIAL RECORDS. TOTAL GROSS BUILDING AREA: 506,986 SF BUILDING CODE: CALIFORNIA BUILDING CODE 2013 *NOTE: CBC 2016 & IBC 2015 CODES EFFECTIVE JAN, 01 12017 TOTAL PROPOSED FLOOR AREA: RESIDENTIAL BUILDING: 391,158 SF BUILDING TYPE OF CONSTRUCTION:FLOOR AREA RATIO: (4.5:1) TYPE I -A - FULLY SPRINKLERED *NOTE: TOTAL ENCLOSED AREA OF ALL DEVELOPMENT PLAN FLOORS PER PLANNED COMMUNITY GOVERNING AGENCY: CITY OF NEWPORT BEACH (PC 19 AMENDMENT) DWELLING UNITS (BEDROOM I FIXTURE COUNT): ZONE 2BR/3BA 54 UNITS LOT ZONE GENERAL PLAN DESIGNATION Lot 1 APN:442-261-05 of Huber Tract PC -19 San Joaquin Plaza 3 BR/4 BA 46 UNITS TOTAL: 100 UNITS PROVIDED: v SAN CLEMENTE DR - 25 FT COMMON INDOOR SPACE: SIDE YARD - (MIN.) 10 FT GROUND LEVEL INDOOR AMENITY - REAR YARD - 10 FT LEVEL 2 INDOOR AMENITY - 191,343 SF 6,998 SF 12,345 SF HEIGHT Height District (Per Blocks: 400,500,600) - Max. Height Allowed 295 FT PRIVATE OPEN SPACE: 21,444 SF (+20'Additional Height Allowance For Mech. Penthouse / Arch Features) UNIT INSTANCES (50% M I I - 99 UNITS TOTAL PROVIDED: 931,310 SF Proposed Building Height: 291'-6" ft (Roof of Last Occupied Space) *NOTE: PROVIDED OPEN SPACE MAY CHANGE. THE PROJECT DESIGN WILL (25 Stories of Residential over 2 Levels of Parking) EXCEED THE REQUIREMENTS. OCMA 850 San Clemente Drive New ort Beach CA ROBERT A.M. STERN ARCHITECTS �- P A R T N E R S 275-111/8" S.�R�CTURE 5'-0" 265-111/8" PROPERTY LINE MIN ET ACK \ a , z BASEMENT FOOTPRI T REQUIRED PROPERT LINE SETBACK L2 AMENITY POOL DEICK (SEE LANDSCAPE DRWI$GS) v C9 OWN C9 N M 175.4' TW REFER TO CIVIL DRAWINGS, MAIN EN NCE PATH CO z PROPERTY LINE S79 2158 E 275.94pi • V• 41• V• 4"=W__6 • • • ° - �ni ni inn ��oc�- ° , ,,�.�SE r o I,I ° �0 U O • o ° 4 r 0 0 = 0 o° o s YI �I 0°0000°°.� 0°II II o \ o 0 ° 0 0 �I I 0 °000° 0 9 0 0 ° o 0000° G o 0o 0 l0 1 0 �I Ia I o II II I I �I +204.5' II31 I�� 1 I� II I� 3° U. 'l�r000000 0 300 ° o oP Q c� III IL 0 0 °UE r I < � - °00003° • 000 2 SA ES I EXISTING EASEMENT: PURPOSE ELECTRICAL SUPPLY AND COMMUNICATIONS SYSTEMS. Iro: NOTE: EASEMENTS CUTTING THROUGH THE SITES ARE TO BE ABANDONED. REFER TO CIVIL DRAWINGS MAINTENANCE Y PATH • • • q cm o oOoo0 0 o -00 cO OO O 000o a � oo o ooo O o ° °°o/°° °� O O 0 n0°°000 Qo °°0 0330 o °° o0 o °°00 0° °00 O0 0�0� o O � o0a ° °° 17 0(SSE LAND CA N S)°°°rWDEN TERRAC �16 00Ou0° 000n ®\ ° 30°r o 71 0 003000°° 0 o 0 0 0 9 \ O o 0 30 t Planning Commission Resolution No. 2033 PARKING MINET ACK PROPERTY LINE • • " 181' TW ui REFER TO CIVIL DRAWINGS. z REQUIRED PROPERTY LINE SETBACK 180' TW REFER TO CIVIL DRAWINGS. EXISTING EASEMENT: PURPOSE - ELECTRICAL SUPPLY AND COMMUNICATIONS SYSTEMS. SEE CIVIL DRAWINGS NOTE: EASEMENTS CUTTING THROUGH THE SITES ARE TO BE ABANDONED. REFER TO CIVIL DRAWINGS EXISTING EASEMENT: PURPOSE - SEWER AND WATER. SEE CIVIL DRAWINGS III NOTE: EASEMENTS CUTTING THROUGH 22 THE SITES ARE TO BE ABANDONED. REFER 11 ­ Ji TO CIVIL DRAWINGS PLS'_ M L2 AMENITY ROOF GARDEN OPEN SPACE: PROPOSED ZONE - RM -100 REQUIRED LOT AREA AND LOT AREA COVERAGE COMMON OPEN SPACE 75 S.F. PER UNIT 77500 SF °3 INDOOR SPACE 500 S.F. 500 SF Lot Area 86,924 sf 2,00 acre )COMMON ( Lot Coverage - 9 86,924 sf(2.00 acre ) O PRIVATE OPEN SPACE 30 S.F. PER 50 /o OF UNITS 1,500 SF Tower (30%) - 25,753 sf (0.59 acre) TOTAL REQUIRED: 99500 SF Subterranean Garage (69%) - 60,259 sf (1.38 acre) 24 - Subtotal - 86,012 sf (1.97 acre) PROVIDED I I , LIJ -J4' I COMMON OPEN SPACE: 529523 SF SETBACKS GROUND LEVEL OUTDOOR AMENITIES - 447365 SF REQUIRED: LEVEL 2 OUTDOOR AMENITY - 8158 SF SAN CLEMENTE DR - SIDE YARD - 15 FT 5 FTTOTAL LANDSCAPING (10% MIN) - 17,587 SF REAR YARD - 5 FT TOTAL NON -LANDSCAPED SPACE - 34, 936 SF PROVIDED: v SAN CLEMENTE DR - 25 FT COMMON INDOOR SPACE: SIDE YARD - (MIN.) 10 FT GROUND LEVEL INDOOR AMENITY - REAR YARD - 10 FT LEVEL 2 INDOOR AMENITY - 191,343 SF 6,998 SF 12,345 SF HEIGHT Height District (Per Blocks: 400,500,600) - Max. Height Allowed 295 FT PRIVATE OPEN SPACE: 21,444 SF (+20'Additional Height Allowance For Mech. Penthouse / Arch Features) UNIT INSTANCES (50% M I I - 99 UNITS TOTAL PROVIDED: 931,310 SF Proposed Building Height: 291'-6" ft (Roof of Last Occupied Space) *NOTE: PROVIDED OPEN SPACE MAY CHANGE. THE PROJECT DESIGN WILL (25 Stories of Residential over 2 Levels of Parking) EXCEED THE REQUIREMENTS. OCMA 850 San Clemente Drive New ort Beach CA ROBERT A.M. STERN ARCHITECTS �- P A R T N E R S 275-111/8" S.�R�CTURE 5'-0" 265-111/8" PROPERTY LINE MIN ET ACK \ a , z BASEMENT FOOTPRI T REQUIRED PROPERT LINE SETBACK L2 AMENITY POOL DEICK (SEE LANDSCAPE DRWI$GS) v C9 OWN C9 N M 175.4' TW REFER TO CIVIL DRAWINGS, MAIN EN NCE PATH CO z PROPERTY LINE S79 2158 E 275.94pi • V• 41• V• 4"=W__6 • • • ° - �ni ni inn ��oc�- ° , ,,�.�SE r o I,I ° �0 U O • o ° 4 r 0 0 = 0 o° o s YI �I 0°0000°°.� 0°II II o \ o 0 ° 0 0 �I I 0 °000° 0 9 0 0 ° o 0000° G o 0o 0 l0 1 0 �I Ia I o II II I I �I +204.5' II31 I�� 1 I� II I� 3° U. 'l�r000000 0 300 ° o oP Q c� III IL 0 0 °UE r I < � - °00003° • 000 2 SA ES I EXISTING EASEMENT: PURPOSE ELECTRICAL SUPPLY AND COMMUNICATIONS SYSTEMS. Iro: NOTE: EASEMENTS CUTTING THROUGH THE SITES ARE TO BE ABANDONED. REFER TO CIVIL DRAWINGS MAINTENANCE Y PATH • • • q cm o oOoo0 0 o -00 cO OO O 000o a � oo o ooo O o ° °°o/°° °� O O 0 n0°°000 Qo °°0 0330 o °° o0 o °°00 0° °00 O0 0�0� o O � o0a ° °° 17 0(SSE LAND CA N S)°°°rWDEN TERRAC �16 00Ou0° 000n ®\ ° 30°r o 71 0 003000°° 0 o 0 0 0 9 \ O o 0 30 t Planning Commission Resolution No. 2033 PARKING MINET ACK PROPERTY LINE • • " 181' TW ui REFER TO CIVIL DRAWINGS. z REQUIRED PROPERTY LINE SETBACK 180' TW REFER TO CIVIL DRAWINGS. EXISTING EASEMENT: PURPOSE - ELECTRICAL SUPPLY AND COMMUNICATIONS SYSTEMS. SEE CIVIL DRAWINGS NOTE: EASEMENTS CUTTING THROUGH THE SITES ARE TO BE ABANDONED. REFER TO CIVIL DRAWINGS EXISTING EASEMENT: PURPOSE - SEWER AND WATER. SEE CIVIL DRAWINGS III NOTE: EASEMENTS CUTTING THROUGH 22 THE SITES ARE TO BE ABANDONED. REFER 11 ­ Ji TO CIVIL DRAWINGS PLS'_ M L2 AMENITY ROOF GARDEN SITE EGRESS SITf�tGRESS PROP DRIVEWAY 0 �Q Z coE 34 -0'� °3 �BI.DG S T ACK 0'-0' 2011-0"I'll- 24 - I I , LIJ -J4' I �n Q 12'-0" " w MI _ M 1� o i W � o Q LCV N 22 0 r • - PL SITE EGRESS SITf�tGRESS PROP DRIVEWAY 0 �Q Z coE - _ - - - - 188.7 TW REFER TO CIVIL DRAWINGS. °000° ° 0 0 3 3O o °. _ o 0 o_ o - I CIO h°G I • W co • a ADA COMPLIANT PEDESTRIAN REQUIRED PROPERTY ACCESS LINE SETBACK VEHICULAR GATE CONTROL POINT SAN CLEMENTE DR. z PROPERTY LINE 4` 4 PROP DRIVEWAY MONUMENT SIGNAGE TRUE NORTH PROJECT I- NORTH 0' 20' 40' 80' 160' As indicated SITE PLAN & PROJECT SUMMARY UPDATED SHEET P�MCO PARKING S�R�CIORE AO.1 G RELATED 10/14/2016 34 -0'� �BI.DG S T ACK 0'-0' 2011-0"I'll- I , LIJ Q o w o Q LCV o r O II W EXISTING EASEMENT: PURPOSE - SEWER AND WATER. SEE CIVIL DRAWINGS - NOTE: EASEMENTS CUTTING THROUGH THE SITES ARE TO BE ABANDONED. REFER - - - TO CIVIL DRAWINGS - _ - - - - 188.7 TW REFER TO CIVIL DRAWINGS. °000° ° 0 0 3 3O o °. _ o 0 o_ o - I CIO h°G I • W co • a ADA COMPLIANT PEDESTRIAN REQUIRED PROPERTY ACCESS LINE SETBACK VEHICULAR GATE CONTROL POINT SAN CLEMENTE DR. z PROPERTY LINE 4` 4 PROP DRIVEWAY MONUMENT SIGNAGE TRUE NORTH PROJECT I- NORTH 0' 20' 40' 80' 160' As indicated SITE PLAN & PROJECT SUMMARY UPDATED SHEET P�MCO PARKING S�R�CIORE AO.1 G RELATED 10/14/2016 d C, AIN' ATH 27-11 1/8" COMMON - OUTDOOR SPACE COMMON - INDOOR SPACE PRIVATE - OPEN SPACE SA ROBERT A.M. STERN ARCHITECTS + P A R T N E R S vi IL_L_ i - wivuvivim yr L_ 1'4 jrrx�_." kL_ i - I I Level Name Indoor/Outdoor? Area Level 1 AMENITY DECK OUTDOOR 14548 SF Level 1 COVERED VOLUME OUTDOOR 3020 SF Level 1 DECK OUTDOOR 1922 SF Level 1 INDOOR AMMENITIES INDOOR 4642 SF Level 1 MAIN LOBBY INDOOR 2356 SF Level 1 MOTOR COURT OUTDOOR 20263 SF Level 1 PLANTED AREA OUTDOOR 4613 SF �I00 Cfl N 1 w U) Z_ Y U C0 Z 5-0" MIN SET CK 230'-3" 275-111/8" 265-111/8" S79021'58"E 275.94' PIL Y • �• 49—AMI 6—i -Mk—� • • 0- GENEIIIII-6—• ° ° ° MUM 5',SETBACK° o a Q �_ 4 a 4 Q o.- a ' . W o a 4 a o o ` a • U) F o a o o a Ur o a 0 ° i U-9° 0 0 0 I OD S V \ V o� r G o 0 0 o O°00000°O / • I I o ° o 0 o S o 0 0 0 0 o I o O o 0 O O j O O a ° 000000 'Do 000° o o 0 0 7(1 • to 00 O° o 00000 0 0 00 0 a 0 NOTE: o = 000 00a • I REFER TO LANDSCAPE DRAWINGS _ o o 1 60 O00o00 0o I I o z L1.1 FOR ADDITIONAL INFORMATION El o 0 0°0000°00 0 0 0°000000 0 ❑ �A \ POOL,) ° o 0 0 0 • �� V o o 0 0 0 0°°0 0°° ° o 0 o O o 0 0 o Cn cn °o \ o 0 0 0 TRELLIS ° o° °- 0000000 ° o N� I � o I \ 0000 0 0 o °o o° °0000 ° YOGA RM °000° • I 16'-0" °00000° 0 9 596 SF 0000000 o \ °o �� - o 0 0 0000 00 I MIN. 61 = o 0 0 0 \ 0 0 O O MIN. °°0000°0 --- = o O o 0 0 000 O ' I °00000 I • -27716'To" SPI FITNESS° AMENITY DECK ELL S • � � � \ 4545 SF CENTER CEN , 1359 SF I �\ POOL TERRAC 1902 \ �\ I (SEE LANDSCAPE DRAM \<X 000000° o� O O • I 0 0 0 I� o 0 \0 00- l � \ HOME OFFICE 431 SF • I � �� � � °000000 KIDS ( `� � ` f 000 D °° ROOM HOME OFFICE v 0 0 0 0 695 SF 442 SF O I� O°0000 0° 000 0 I 00000 \ LOUNGE I °oo °° o � _ 640 SF HOME OFFICE 0 o r 334 SF ++ LEVEL 2 - COMMON SPACE 2 1/16" = 1'-0" COMMON - OUTDOOR SPACE COMMON - INDOOR SPACE PRIVATE - OPEN SPACE o°o�u °00 o ID 000 o°°o O �° ° O O / oO 0 O o 0 0 0 0 Planning Commission Resolution No. 2033 5' -Off MIN SET CK I) I o w LANDSCAPE INFORMATION DRAWINGS OUTDOOR I TRELLIS -r c � NITER �V 0000°° o DECK I I I I I• � � o o I I o °O o 0- -0 - 0°00 ° I° 0 ° O 0001 00 4642 SF I I I U INDOOR I I I II MOTOR COURT I I h °00000 PLANTED AREA AI • 4613 SF I _ II W ,I I� • I I .I I I I I -1 �• I I I '• I I I �• 341-5 1 1411 co ti I PL `4 _ M 34'-0" LDG SETBACK TERRACE 0'-0" 20'-0" 4' -Ob LOUNGE 998 SF I � I I M N K �I GARDEN TERRACE I (SEE LANDSCAPE DRAWINGS) PLANTING AREA = • b0F �f 0 00 0 ° \ I MIN, A MIN." I� NOTE: F; II�IU�M 1STBA�GK� 231.92" PL SHEET - COMMON OPEN SPACE (L1 -ROOF) Level Name Indoor/Outdoor? Area Level 1 AMENITY DECK - REFER TO L1.1 FOR ADDITIONAL LANDSCAPE INFORMATION DRAWINGS OUTDOOR °00000° TRELLIS -r c � NITER �V 0000°° o DECK OUTDOOR 1922 SF � o o o�, +S7 ~ o� °°000`M o °O o 0- -0 - 0°00 ° I° 0 ° O 0001 00 4642 SF Level 1 U INDOOR 0 I Level 1 MOTOR COURT - Q o 20263 SF °00000 PLANTED AREA OUTDOOR 4613 SF SHEET - COMMON OPEN SPACE (L1 -ROOF) Level Name Indoor/Outdoor? Area Level 1 AMENITY DECK OUTDOOR 14548 SF Level 1 COVERED VOLUME OUTDOOR 3020 SF Level 1 DECK OUTDOOR 1922 SF Level 1 INDOOR AMMENITIES INDOOR 4642 SF Level 1 MAIN LOBBY INDOOR 2356 SF Level 1 MOTOR COURT OUTDOOR 20263 SF Level 1 PLANTED AREA OUTDOOR 4613 SF 19 51364 SF 19 51364 SF Level 2 AMENITY DECK OUTDOOR 8158 SF Level 2 AMENITY DECK OUTDOOR 8158 SF Level 2 INDOOR AMMENITIES INDOOR 12344 SF Level 2 INDOOR AMMENITIES INDOOR 12344 SF 16 20502 SF 16 20502 SF OCMA 850 San Clemente Drive Newport Beach, CA GRAND TOTAL: 71866 SF 0' 20' 40' 80' 160' 1/16" = V-0" OPEN SPACE DIAGRAMS - COMMON OPEN SPACE UPDATED SHEET GRAND TOTAL: 71866 SF PROJECT TRUE NORTH NORTH A0.2 r RELATED 10/14/2016 Planning Commission Resolution No. 2033 I PRIVATE OPEN SPACE N PRIVATE OPEN SPACE N ° PRIVATE OPEN SPACE N ° o 200 SF 200 SF �' 0" / 'TY E/: '13 / 200 SF 8' 111/2" j UNIT - A i BA T TYPE: ® } _ } _ } PRIVATE PEN PA E_ } PRIVATE OPEN SPACE _j_y_L_ 0 S C L �� PRIVATE OPEN SPACE - • �, PRIVATE PEN PA 118 SF 118 SF e / 0 SPACE - � 0 I I 93 SF o 54 SF PRIVATE OPEN SPACE / PRIVATE OPEN SPACE,�E; 2 B 93 SF PRIVATE OPEN SPACE 717 SF54 SF \ o J sv COMPLI 1 D o z ° U IT ,C ��� %�� � I,'� 'C�PRIVATE OPEN SPACE D 'TYPE. IT TYP63 SF PE:'2"BR 3 B " Nil Irt f j/ M T: Yes T P BR N LIANT: Yes PRIVATE OPEN SPACE T: PRIVATE OPEN SPACE � ,q I i I F F � �I 63 S 63 S YO 00 0 0 D3 4 =Lj e i I �1 190 18-11 112 � " -11 112 � 9 F - m 0 0 } / } PRIVATE OPEN SPACE 0 I IISF-- 63 PRIVATE A TE OPEN SPACE 63 SF n � � � � R VATE OPEN S I 461-111/2" 1 '-911 " 200 SF PR VATES ACE E 0 A PRIVATE OPEN SPACE PRIVATE OPEN SPAC 200 SF 63 SF 118 SF PRIVATE OPEN SPACE 118 SF PRIVATE OPEN SPACE PRIVATE OPEN SP CE � I � � �. I����� 717 SF 200 SF I LEVEL 1 LEVEL 2 LEVEL 3 (4-5 TYP.) LEVEL 6 LEVEL 7 (7-13 TYP.) LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY COMMON - OUTDOOR SPACE COMMON - OUTDOOR SPACE COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (L3-5) COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (L6) COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (L7-13) Level Name Count Area Level Name Count Area Level Name Count Area COMMON - INDOOR SPACE COMMON - INDOOR SPACE COMMON - INDOOR SPACE COMMON - INDOOR SPACE COMMON - INDOOR SPACE Level 3 UNIT - A 1 200 SF Level 6 UNIT - A 2 293 SF Level 7 UNIT - A 2 254 SF Level 3 UNIT - B 1 118 SF Level 6 UNIT - B 1 717 SF Level 7 UNIT - B 1 118 SF PRIVATE - OPEN SPACE PRIVATE - OPEN SPACE PRIVATE - OPEN SPACE Level 3 UNIT - C 1 63 SF PRIVATE - OPEN SPACE Level 6 UNIT - C 1 63 SF PRIVATE - OPEN SPACE Level 7 UNIT - C 1 63 SF Level 3 UNIT - D 2 182 SF Level 6 UNIT - D 2 780 SF Level 7 UNIT - D 2 182 SF Level 3 UNIT - E 1 200 SF Level 6 UNIT - E 2 293 SF Level 7 UNIT - E 2 254 SF 6 6 763 SF 8 8 2145 SF 8 8 871 SF DECKS COUNTED PER LEVEL: 0 DECKS COUNTED PER LEVEL: 0 DECKS COUNTED PER LEVEL: 5(3) =15 DECKS COUNTED PER LEVEL: 5 DECKS COUNTED PER LEVEL: 5(7) = 35 *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS, PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS, PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. 8'711 11,2" 8'-11 11,2" 8' 11 112" - 45'-11" SHEET - PRIVATE OPEN SPACE (L3-25) PRIVATE OPEN SPACE PRIVATE OPEN SPACE / : PRIVATE OPEN SPACE ° PRIVATE OPEN SPACE 200 SF 8' 11 112" 200 SF g 0„ oJNIT- j 200 SF - 480 SF Level Area STYPE R�- 3 A PE:2� A i PRIVATE OPEN SPACE- PRIVATE OPEN SP -� ° y° �.MP. Level 3 763 SF 9 -8 / 118 SF �� PRIVATE OPEN SPACE 118 SF - % i �, PRIVATE OPEN SPACE i PRIVATE OPEN SPACE T1T TYPE: Level 4 763 SF 2 B - 54 SF ° 54 SF 54 SF Level 5 763 SF PRIVATE OPEN SPACE :.2 BIS PRIVATE OPEN SPACE PRIVATE OPEN SPACE I Level 6 2145 SF 1, 54 SF 54 SF � 54 SF PRIVATE OPEN SPACE Level 7 871 SF o 0it 375 SF °,4_ Level 8 871 SF - PRIVATE OPENS PA E IT - B%' Level 9 871 SF SHEET A0.3 (DECK COUNT - 73) 1 105 SF<�°_ 8'.1 11 Level 10 871 SF PRIVATE OPEN SPACE!% �' e T - C' CO Level 11 871 SF -- - PRIVATE OPEN S PRIVATE OPEN SPACE 63 SF PE: PE Level 12 871 SF 63 SF 63 SF Level 13 871 SF BA TYPE: T TYPE` A A �, Level 14 871 SF OMP/ _ s P I I Level 15 1081 SF %UNIT - I Level 16 634 SF Level 17 1710 SF 840 SF PRIVATE OPEN SPACE PRIVATE OPEN SPACE �; %' o°Level 19 840 SF 13'111/21-1 63 SF- - - r 63 SF - 18'-11 112"Level 20 840 SF SHEET A0,4 (DECK COUNT = 26) I o Level 21 596 SF Level 22 1201 SF °0-511 " 1 '-9' 11 " 35'-5" o Level 23 842 SF R VATE OPEN SP CE P IVATE OPEN SP CE PRIVATE OPEN SP CE Level 24 1226 SF 200 SF 200 SF 200 SF Level 25 231 SF PRIVATE OPEN SPACE PRIVATE OPEN SPACE PRIVATE OPEN SPACE PRIVATE OPEN SPACE I 14Q 21444 SF 63 SF 118 SF 105 SF 118 SF PRIVATE OPEN SPACE REc�UIRED PRIVATE OPEN SPACE = 1,500 SF PROVIDED PRIVATE OPEN SPACE = 21,444 SF 375 SF REQUIRED UNITS TO CONTAIN PRIVATE OPEN SPACE :50 INSTANCES PROVIDED UNITS THAT CONTAIN PRIVATE OPEN SPACE94NSTANCES *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. LEVEL 14 LEVEL 15 LEVEL 16 LEVEL 17 LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (L14) COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (L15) COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (L16) COMMON - OUTDOOR SPACE SHEET- PRIVATE OPEN SPACE (L17) Level Name Count Area Level Name Count Area Level Name Count Area Level Name Count Area COMMON - INDOOR SPACE COMMON - INDOOR SPACE COMMON - INDOOR SPACE COMMON - INDOOR SPACE Level 14 UNIT - A 2 254 SF Level 15 UNIT - A 2 254 SF Level 16 UNIT - A 2 254 SF Level 17 UNIT - A 1 480 SF Level 14 UNIT - B 1 118 SF Level 15 UNIT - B 1 118 SF Level 16 UNIT - C 1 63 SF Level 17 UNIT - B 1 375 SF PRIVATE -OPEN SPACE Level 14 UNIT - C 1 63 SF PRIVATE -OPEN SPACE Level 15 UNIT - C 2 168 SF PRIVATE -OPEN SPACE Level 16 UNIT - D 1 63 SF PRIVATE -OPEN SPACE Level 17 UNIT - C 1 1 1 375 SF Level 14 UNIT - D 2 182 SF Level 15 UNIT - D 3 287 SF Level 16 UNIT - E 2 254 SF Level 17 UNIT - D 1 480 SF Level 14 UNIT - E 2 254 SF Level 15 UNIT - E 2 254 SF 6 6 634 SF 4 4 1710 SF 8 8 871 SF 10 10 1081 SF DECKS COUNTED PER LEVEL: 5 DECKS COUNTED PER LEVEL: 5 DECKS COUNTED PER LEVEL: 4 DECKS COUNTED PER LEVEL: 4 *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. PROJECT TRUE NORTH I I NORTH 0' 30' 60' 120 240' 1" = 30'-0" AO.3 OCMA 850 San Clemente Drive OPEN SPACE DIAGRAMS - PRIVATE OPEN SPACE ■ E L E ROBERT A.M. STERN ARCHITECTS+ P A R T N E R S Newport Beach, CA UPDATED SHEET 10/14/2016 PRIVATE OPEN SP 375 SF PRIVATE OPEN SPACE +I+ 375 SF PRIVATE OPEN SPACE + 375 SF I PRIVATE OPEN SPACE 150 SF 13'-9112" PRIVATE npi:m 4PAf'.F PRIVA' 150 SF �E PRIVA 119 SF PRIVATE OPEN SPACE PRIVATE OPEN SPACE 119 SF 150 SF + I 9-01 PRIVATE OPEN SPAC- 150 SF M PRIVATE OPEN SPACE 271 SF IT TYP, 'UNIT TYP BA AD s o 13'-9112 PRIVATE OPEN SPACE PR VATE OPEN SPAC 271 SF 150 SF I I I ! I I I LEVEL 18 (19 TYR) LEVEL 20 LEVEL 21 LEVEL 22 LEVEL 23 LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY COMMON - OUTDOOR SPACE COMMON - INDOOR SPACE PRIVATE - OPEN SPACE PRIVATE OPEN SPACE 497 SF M ti SHEET - PRIVATE OPEN SPACE (1-18-19) Level Name Count Area Level 18 UNIT - A 1 45 SF Level 18 UNIT - B 1 375 SF Level 18 UNIT - C 1 375 SF Level 18 UNIT - D 1 45 SF 4 4 840 SF DECKS COUNTED PER LEVEL: 4(2) = 8 *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. 4T-4" PRIVATE OPEN SPACE 231 SF PRIVATE OPEN SPACE 497 SF COMMON - OUTDOOR SPACE 1 COMMON - INDOOR SPACE PRIVATE - OPEN SPACE SHEET - PRIVATE OPEN SPACE (1-20) Level Name Count Area Level 20 UNIT - A 1 45 SF Level 20 UNIT - B 1 375 SF Level 20 UNIT - C 1 375 SF Level 20 UNIT - D 1 45 SF 4 4 840 SF DECKS COUNTED PER LEVEL: 4 *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. ZJ i '�)r COMMON - OUTDOOR SPACE COMMON - INDOOR SPACE PRIVATE - OPEN SPACE SHEET - PRIVATE OPEN SPACE (1-21) Level Name Count Area Level 21 UNIT - A 1 148 SF Level 21 UNIT - B 1 150 SF Level 21 UNIT - C 1 150 SF Level 21 UNIT - D 1 148 SF 4 4 596 SF DECKS COUNTED PER LEVEL: 4 *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. LEVEL 24 - (LOWER LEVEL TOWNHOMES) LEVEL 25 - (UPPER LEVEL TOWNHOMES) ROOF LEVEL LEGEND 1 FLOOR SUMMARY LEGEND UNIT - TH-C FLOOR SUMMARY LEGEND FLOOR SUMMARY UNIT - D 2 481 SF 871 SF Level 9 871 SF COMMON - OUTDOOR SPACE COMMON - INDOOR SPACE PRIVATE - OPEN SPACE SHEET - PRIVATE OPEN SPACE (1-24) E)vel Name = Count Area Level 24 UNIT - TH-A 1 497 SF Level 24 UNIT - TH-B 1 231 SF Level 24 UNIT - TH-C 1 497 SF 3 3 DECKS COUNTED PER LEVEL: 3 *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. iwvAl - k' I- - ralTILI nak ROBERT A.M. STERN ARCHITECTS COMMON - OUTDOOR SPACE COMMON - OUTDOOR SPACE COMMON - INDOOR SPACE COMMON - INDOOR SPACE Level 25 UNIT - TH-B 1 231 SF 1 1 231 SF PRIVATE -OPEN SPACE PRIVATE -OPEN SPACE 1226 SF DECKS COUNTED PER LEVEL: 0 *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. OC MA 850 San Clemente Drive MVE Newport Beach, CA + P A R T N E R S DECKS COUNTED PER LEVEL: 2 *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. COMMON - OUTDOOR SPACE COMMON - INDOOR SPACE PRIVATE - OPEN SPACE SHEET - PRIVATE OPEN SPACE (1-22) Level Name Count Area Level 22 UNIT - A 2 481 SF Level 22 UNIT - B 1 119 SF Level 22 UNIT - C 1 119 SF Level 22 UNIT - D 2 481 SF 6 6 1201 SF COMMON - OUTDOOR SPACE COMMON - INDOOR SPACE PRIVATE - OPEN SPACE Level 23 UNIT - A 1 150 SF Level 23 UNIT - B 2 543 SF Level 23 UNIT - C 1 150 SF 842 SF 1 DECKS COUNTED PER LEVEL: 4 DECKS COUNTED PER LEVEL: 3 *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. SHEET - PRIVATE OPEN SPACE (1-3-25) Level Area I 0' 30' 60' OPEN SPACE DI UPDATED SHEET Level 3 763 SF Level 4 763 SF Level 5 763 SF Level 6 2145 SF Level 7 871 SF Level 8 871 SF Level 9 871 SF Level 10 871 SF Level 11 871 SF Level 12 871 SF Level 13 871 SF Level 14 871 SF Level 15 1081 SF Level 16 634 SF Level 17 1710 SF Level 18 840 SF Level 19 840 SF Level 20 840 SF Level 21 596 SF Level 22 1201 SF Level 23 842 SF Level 24 1226 SF Level 25 231 SF SHEET A0.3 (DECK COUNT = 73) SHEET A0.4 (DECK COUNT = 26) REQUIRED PRIVATE OPEN SPACE = 21444 SF 1,500 SF PROVIDED PRIVATE OPEN SPACE = 21,444 SF REQUIRED UNITS TO CONTAIN PRIVATE OPEN SPACE :60 INSTANCES PROVIDED UNITS THAT CONTAIN PRIVATE OPEN SPACE94NSTANCES *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. 120' 240' 1" = 30'-0" AGRAMS - PRIVATE OPEN SPACE PROJECT TDI IC NORTH 111W� NORTH A0.4 r.RELATED 10/14/2016 TYPICAL ACCESSIBLE PARKING STALL 1/411 = 11-011 ROBERT A.M. STERN ARCHITECTS 0 TYPICAL TURNAROUND SPACE - DEAD END CONDITION 1/411 19-091 OCMA 850 San Clemente Drive Newport Beach, CA + P A R T N E R S A.- MAINT PATH U Q cw z 275-111/8" 54" 265-111/8" 5'-0" MIN SETBACK MIN SETBACK 231'-10" MAINTENANCE S79021'58"E 275.94' PL PATH � U • • • O • • • • • • � • • � • � • • • • • • • • • • • car • • _ MINIMUM 5' SETBACK = o - oLU - - _ - - - - -- `�' "' TRANSFORMER �i1 n � t Li z • FF ri u I A3.1 I � NO PARKING 33'-0112" +168.5 -- • III _Uj LtN -:t 4F3 +168.5 LU v �, i� Fr 7TT - • N o o16 017 HILLE GENE TOR RM. • III ,,, ,„,„-� ,„,,„ I I I II 26 0 9- 8'-6 - 4-61/ o _ 56 I 1 I T 24 IN. i �CID 1= • I / 00 I 013 014 015 0 r wCU � •II _ 260-= - -1 } DRIVE' AISLE - I ZD STORAGE • I RESIDENTIAL -7 IADA SPACE 018 019 -all I 020 021 022 023 024 025 00 I o co / / A 940`0 " � REQUIRED FIRE TURNABOUT • co SWITCH -MIN. - UNDERNEATH PODIUM AT LEVEL P1 283 SF MECH./ELEC. �o- + 168.5 I � I � - I � 19'-0" �`�� o • RM 1 3159 SF FF�+ ti GREASE •_ R TERCEPTOR 1 / I • -I7GU-LST AD 3' 0" 3 RM F I - - . I SPACE 1� • ORAGE • ��� " C? o -18 -7 `n _ LOADING N �. ' • 613 SF o o A 693 SF _ �\ ` 16 -5" / \ _ Q `� L _ _ _sim _; sti9 LEVELMSL L I MEASUREMENTS FROM MEAN SEA J L 3 I - �, \X • . • III _ I I ( ) LU o A �P y sr(� / / _SEI!UIC (EXIT CORRIDOR , o I , o - �IIazo' MEASUREMENTS FROM GROUND LEVEL • I o z ( STORAGE = / oe �� - MECH./ELEC. ��� I I • FINISH GRADE PLANE (FGP). Lo 520 SF I i`n �oe�`O .��;�"' �,�� TRASH L o RM 1 / �`o 321SF o �I - 5-1 1/ _ - RESID-NTIAL� So���F�s 441 SF 10'-9' 18'-0" o • I 1 I ADA S PACE / 043 ,i r F� F r GP FIR 33'-9" 71`-1 rl WAND o L 559 SFIII • • I / / 042 -13' 6.. Z I SERVICE C R TDO r I GP ' - - L PARKING AREA I 1 173'6.. • o Q 1 44454 SF ` 1 �o� ,� 044 i / • LU �/ j �,, �i FIRE GAS +SL 047 �v PUMP RM. METERS 1 a, 9 / v 1U-0 114 20 -0 „ 5,_0„ 8�_6„ g,_0„ , vl 9,_011 8,_6f' 91 ,0 2 g� 0" 8'-6" 9'-0" o / - 508 SF 313 SF 3 -6 1 / • / / / 053 / r •. _ CIA MIN, PL - - - 4 Sim `�'' / 0 0 / // / 055 -STAIR -#Z ANT-Pf�S�AGEWA pL 1 6 • N A1.1 -A �- / / 54'-01 /2" F - • 026 028 030 032 034 036 038 040 ���L� �I \ j / / • / 9, i 054 / �MECH. / I STORAGE • a o / 046 / ,/ 2358 SF I 0 M , 0 / ��, - ` o z } • � 027 029 III 031 033 035 037 039 041 � 049 % �;� �`�I I I 1 - - VA ESS - � 341-011 / I • STAIR L0 IO \ B ( S TBA IK I BLDG SETBACK , 057 061 065 069 073 077 081 085 089 093 097 104 114 1 8 1 2 126 1 130 134 • 0 10' 0" 20170" 4'-0b III I I I -- 14-3 — 103 � co D \ I I 1• •II II 1� 1III I I 111 I I I III � III I III I I 11 1 I,� \\\ =15-I 060 064 068 072 076 080 084 088 092 096 I 102 `9 26'0" 125 129 133 . w 011 • z - - -RNtAISLE _ w JIo w I• oLL — \ Q o 0 - - I\ 1 I o 9-0 86 9 90 86 90 9-0 8-6 90-0 90 86 90 90 9 MIN. Sim \ w c� I CD LL • III 2 5 m J Y \ U 0 • 1� A1.1 -A' o - A1.1 -A o ¢ �Q Iv�0 - co > 2 I \ W.1 -A 0 • 9,_0 ,_ 9,_0 _0„ 9-0" 8'-6" '9'-0 10"3-6" 90. 9._0.1 g. 90.. 9 _6. 9._0. .I 9.0.. 8.6.. _6. 986 . 0 I I • 1 I III I I `= I - - • I I� e I r 058 062 066 070 I 074 078 082 086 090 094 098 100 105 J171 jol Lff 115 119 123 127 13 135 .� L - • I�LL ESTE „ M I II • L-1 I I p M • I II ,, M I TOR E I 1 I I • 059 063 067 071 075 079 083 087 091 095 099 101 106 108 110 112 116 120 124 128 132 136 18 F, I .I NI D 1 [ 6 0] 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 0 1 0 1 0 • I III, ; ,I I I I I I I I I I 11 l I I 1 I I I I I I I I• 'I I tj I I I nl 1 • - - - - - I I- - - - - - ¢ i Y MINIMUM 15 SETBACK Lu I I N Q oI I , CIO 1 • •I mUj 0 � 0 0 � 0 � 0 � 0-4m 0 0 0 0 0 4imm, 4k) N79 22 07 W 231.92 PL 0' 16' 32' 64' 128' As indicated FLOOR PLAN - LEVEL B1 UPDATED SHEET Planning Commission Resolution No. 2033 SHEET - PARKING SCHEDULE Level Type Count Level 1 Guest (ADA) - 9'-0" x 17'-0" 1 Level 1 Guest (Primary) - 17'-0" x 8'-6" 9 Level 1 Guest (Primary) - 17'-0" x 9'-0" 2 P1 Residential (Primary) - 17'-0" x 9'-0" 38 P1 Residential (Tandem) - 18'-0" x 8'-6" (35' Min) 19 O Residential (Tandem) - 18'-0" x 9'-0" (35' Min) 39 P2 Residential (Tandem) - 18'-0" x 9'-0" (35' Min) 29 1 C 1 `Y' I 1 ��0 1 1 I 19'-0" 34'-8" OTYPICAL TURNING RADIUS 1/811 11-011 - - - 6"X6"X4'-0" PRE -CAST CONCRETE `9 C° `9 WHEEL STOP AT TANDEM STALL 2'4" c4 1'-10" 04 1'-10" N TANDEM TANDEM TANDEM Z z z 0 0 0 PAINTED STALL 6"X6"X4'-0" PRE -CAST CONCRETE IDENTIFICATION (SEE T-6" 7'-0" 7'-6" WHEEL STOP AT SINGLE STALL CLEAR CLEAR CLEAR GARAGE PLANS) z 7 F_ -1 F_ co 2'4" c% 1'-10" c1 1'-10" c� 4" WIDE PAINT STRIPES (TYP.) STANDARD STANDARD STANDARD z_ z_ z_ COLUMN PER STRUCT. DWGS. 0 0 0 ti I -.=na PAINTED STALL IDENTIFICATION (SEE T-6" T-0" T-6" CLEAR CLEAR CLEAR GARAGE PLANS) :L OF STRIP TO END OF RIVE AISLE CONDITION 9'-0" TYP. 8'-6" TYP. 9'-0" TYP. TYPICAL PARKING STALL 4 ' 1/411 = 1'-0" POST MOUNT ACCESSIBLE PARKING IDENTIFICATION SIGNAGE SEE DETAIL - C� FACE OF WALL OR STALL END PER PLAN 6"X6"X4'-0" PRE -CAST 6"x6"x4'-0" PRE -CAST N CONCRETE WHEEL STOP CONCRETE WHEEL STOP AT SINGLE STALL \ STANDARD 4" WIDE PAINTED T-0" O.C. AT 45 DEGREE ANGLE AT LOADING ZONE \ WHITE BORDER � I 4" WIDE PAINT STRIPES (TYP.) z 2% MAX. SLOPE q \ PAINTED STALL WHITE INTERNATIONAL IDENTIFICATION (SEE SYMBOL OF ACCESSIBILITY ON GARAGE PLANS) A BLUE BACKGROUND 4" WIDE PAINT STRIPES (TYP.) 0'- 3" _ NO Cl, PARKING CL OF STRIP TO END OF DRIVE AISLE CONDITION 7'_0" CLEAR M COLUMN PER GARAGE PLANS ,p 36 IN 0" w "NO PARKING" J Q STENCILED IN WHITE 12" HIGH LETTERS w II �- -- 5'-0" 0 8'-6" TYP. Of zo o MIN. <" EQ EQ �L-- 01-1011 9'-0" 5'-0" 12'-0" AT VAN ACCESSIBLE STALL MIN. TYPICAL ACCESSIBLE PARKING STALL 1/411 = 11-011 ROBERT A.M. STERN ARCHITECTS 0 TYPICAL TURNAROUND SPACE - DEAD END CONDITION 1/411 19-091 OCMA 850 San Clemente Drive Newport Beach, CA + P A R T N E R S A.- MAINT PATH U Q cw z 275-111/8" 54" 265-111/8" 5'-0" MIN SETBACK MIN SETBACK 231'-10" MAINTENANCE S79021'58"E 275.94' PL PATH � U • • • O • • • • • • � • • � • � • • • • • • • • • • • car • • _ MINIMUM 5' SETBACK = o - oLU - - _ - - - - -- `�' "' TRANSFORMER �i1 n � t Li z • FF ri u I A3.1 I � NO PARKING 33'-0112" +168.5 -- • III _Uj LtN -:t 4F3 +168.5 LU v �, i� Fr 7TT - • N o o16 017 HILLE GENE TOR RM. • III ,,, ,„,„-� ,„,,„ I I I II 26 0 9- 8'-6 - 4-61/ o _ 56 I 1 I T 24 IN. i �CID 1= • I / 00 I 013 014 015 0 r wCU � •II _ 260-= - -1 } DRIVE' AISLE - I ZD STORAGE • I RESIDENTIAL -7 IADA SPACE 018 019 -all I 020 021 022 023 024 025 00 I o co / / A 940`0 " � REQUIRED FIRE TURNABOUT • co SWITCH -MIN. - UNDERNEATH PODIUM AT LEVEL P1 283 SF MECH./ELEC. �o- + 168.5 I � I � - I � 19'-0" �`�� o • RM 1 3159 SF FF�+ ti GREASE •_ R TERCEPTOR 1 / I • -I7GU-LST AD 3' 0" 3 RM F I - - . I SPACE 1� • ORAGE • ��� " C? o -18 -7 `n _ LOADING N �. ' • 613 SF o o A 693 SF _ �\ ` 16 -5" / \ _ Q `� L _ _ _sim _; sti9 LEVELMSL L I MEASUREMENTS FROM MEAN SEA J L 3 I - �, \X • . • III _ I I ( ) LU o A �P y sr(� / / _SEI!UIC (EXIT CORRIDOR , o I , o - �IIazo' MEASUREMENTS FROM GROUND LEVEL • I o z ( STORAGE = / oe �� - MECH./ELEC. ��� I I • FINISH GRADE PLANE (FGP). Lo 520 SF I i`n �oe�`O .��;�"' �,�� TRASH L o RM 1 / �`o 321SF o �I - 5-1 1/ _ - RESID-NTIAL� So���F�s 441 SF 10'-9' 18'-0" o • I 1 I ADA S PACE / 043 ,i r F� F r GP FIR 33'-9" 71`-1 rl WAND o L 559 SFIII • • I / / 042 -13' 6.. Z I SERVICE C R TDO r I GP ' - - L PARKING AREA I 1 173'6.. • o Q 1 44454 SF ` 1 �o� ,� 044 i / • LU �/ j �,, �i FIRE GAS +SL 047 �v PUMP RM. METERS 1 a, 9 / v 1U-0 114 20 -0 „ 5,_0„ 8�_6„ g,_0„ , vl 9,_011 8,_6f' 91 ,0 2 g� 0" 8'-6" 9'-0" o / - 508 SF 313 SF 3 -6 1 / • / / / 053 / r •. _ CIA MIN, PL - - - 4 Sim `�'' / 0 0 / // / 055 -STAIR -#Z ANT-Pf�S�AGEWA pL 1 6 • N A1.1 -A �- / / 54'-01 /2" F - • 026 028 030 032 034 036 038 040 ���L� �I \ j / / • / 9, i 054 / �MECH. / I STORAGE • a o / 046 / ,/ 2358 SF I 0 M , 0 / ��, - ` o z } • � 027 029 III 031 033 035 037 039 041 � 049 % �;� �`�I I I 1 - - VA ESS - � 341-011 / I • STAIR L0 IO \ B ( S TBA IK I BLDG SETBACK , 057 061 065 069 073 077 081 085 089 093 097 104 114 1 8 1 2 126 1 130 134 • 0 10' 0" 20170" 4'-0b III I I I -- 14-3 — 103 � co D \ I I 1• •II II 1� 1III I I 111 I I I III � III I III I I 11 1 I,� \\\ =15-I 060 064 068 072 076 080 084 088 092 096 I 102 `9 26'0" 125 129 133 . w 011 • z - - -RNtAISLE _ w JIo w I• oLL — \ Q o 0 - - I\ 1 I o 9-0 86 9 90 86 90 9-0 8-6 90-0 90 86 90 90 9 MIN. Sim \ w c� I CD LL • III 2 5 m J Y \ U 0 • 1� A1.1 -A' o - A1.1 -A o ¢ �Q Iv�0 - co > 2 I \ W.1 -A 0 • 9,_0 ,_ 9,_0 _0„ 9-0" 8'-6" '9'-0 10"3-6" 90. 9._0.1 g. 90.. 9 _6. 9._0. .I 9.0.. 8.6.. _6. 986 . 0 I I • 1 I III I I `= I - - • I I� e I r 058 062 066 070 I 074 078 082 086 090 094 098 100 105 J171 jol Lff 115 119 123 127 13 135 .� L - • I�LL ESTE „ M I II • L-1 I I p M • I II ,, M I TOR E I 1 I I • 059 063 067 071 075 079 083 087 091 095 099 101 106 108 110 112 116 120 124 128 132 136 18 F, I .I NI D 1 [ 6 0] 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 0 1 0 1 0 • I III, ; ,I I I I I I I I I I 11 l I I 1 I I I I I I I I• 'I I tj I I I nl 1 • - - - - - I I- - - - - - ¢ i Y MINIMUM 15 SETBACK Lu I I N Q oI I , CIO 1 • •I mUj 0 � 0 0 � 0 � 0 � 0-4m 0 0 0 0 0 4imm, 4k) N79 22 07 W 231.92 PL 0' 16' 32' 64' 128' As indicated FLOOR PLAN - LEVEL B1 UPDATED SHEET Planning Commission Resolution No. 2033 SHEET - PARKING SCHEDULE Level Type Count Level 1 Guest (ADA) - 9'-0" x 17'-0" 1 Level 1 Guest (Primary) - 17'-0" x 8'-6" 9 Level 1 Guest (Primary) - 17'-0" x 9'-0" 2 12 P1 Guest (Primary) - 17'-0" x 8'-6" 6 P1 Guest (Primary) - 17'-0" x 9'-0" 2 P1 Residential (Primary) - 17'-0" x 8'-6" 20 P1 Residential (Primary) - 17'-0" x 9'-0" 38 P1 Residential (Tandem) - 18'-0" x 8'-6" (35' Min) 19 P1 Residential (Tandem) - 18'-0" x 9'-0" (35' Min) 39 124 P2 Guest (Primary) - 17'-0" x 8'-6" 9 P2 Guest (Primary) - 17'-0" x 9'-0" 15 P2 Guest (Tandem) - 18'-0" x 9'-0" (35' Min) 6 P2 Residential (Primary) - 17'-0" x 8'-6" 13 P2 Residential (Primary) - 17'-0" x 9'-0" 29 P2 Residential (Tandem) - 18'-0" x 8'-6" (35' Min) 13 P2 Residential (Tandem) - 18'-0" x 9'-0" (35' Min) 29 114 250 250 PROJECT TRUE NORTH NORTH A1.1 -A r RELATED 10/14/2016 I 1 1 I 1 I 1 �z 19'-011 341-811 M TYPICAL TURNING RADIUS. 3 1/811 — 1'-0" c r C C I PAINTED STALL IDENTIFICATION (SEE GARAGE PLANS) PAINTED STALL DENTIFICATION (SEE GARAGE PLANS) CL OF STRIP TO END OI DRIVE AISLE CONDITIOf -JL 2 TYPICAL PARKING STALL. J1/411 11-011 6"X6"X4'-0" PRE -CAST CONCRETE WHEEL STOP AT SINGLE STALL 4" WIDE PAINT STRIPES (TYP.) 9'-0" TYP. 8'-6" TYP. zo STANDARD z I I � I PAINTED STALL IDENTIFICATION (SEE GARAGE PLANS) CL OF STRIP TO END OF DRIVE AISLE CONDITION Guest (ADA) - 9'-0" x 17'-0" 7'-0" CLEAR 203 204 9 T 207 0 211 0 215 P1 219 0 223 0 P1 I w 233 0 � J 240 241 242 243 a I� W T 248 0 of 208 2-4" N 8'-6" TYP. 1' " -10 228 232 234 239 I 216 TANDEM TANDEM TANDEM 0 0 0 a0 7'-6" 00 7'-0" 00 7'-6" CLEAR CLEAR CLEAR 2 -1 in M 19 T C14 04 STANDARD STANDARD STANDARD 0 0 0 . no T-6" 7'-0" 7'-6" 6 CLEARCLEAR CLEAR -JL 2 TYPICAL PARKING STALL. J1/411 11-011 6"X6"X4'-0" PRE -CAST CONCRETE WHEEL STOP AT SINGLE STALL 4" WIDE PAINT STRIPES (TYP.) 9'-0" TYP. 8'-6" TYP. zo STANDARD z I I � I PAINTED STALL IDENTIFICATION (SEE GARAGE PLANS) CL OF STRIP TO END OF DRIVE AISLE CONDITION Guest (ADA) - 9'-0" x 17'-0" 7'-0" CLEAR 203 204 9 T 207 0 211 0 215 P1 219 0 223 0 P1 I w 233 0 � J 240 241 242 243 a I� W 227 0 248 0 of 208 5-0" 8'-6" TYP. MIN. L \ -I C'04 228 ®TYPICAL TURNAROUND SPACE - DEAD END CONDITION. 1/411 11-011 RAMSA ROBERT A.M. STERN ARCHITECTS 9'-0" TYP. MVE + P A R T N E R S 6"X6"X4'-0" PRE -CAST CONCRETE WHEEL STOP AT TANDEM STALL 6"X6"X4'-0" PRE -CAST CONCRETE WHEEL STOP AT SINGLE STALL 4" WIDE PAINT STRIPES (TYP.) 7 COLUMN PER STRUCT. DWGS. OCMA 850 San Clemente Drive Newport Beach, CA w z 0 00 Cfl N 275-111/8" 5'-0" 265-111/8" 15-011 MIN SET BVCK MIN SET CK S79°21'58"E 275.94' PL 0 0 0 0 0 � � 0 � 0 MINIMUM S SETBACK o - - - - - - - - - - - o -� 191 0 Guest (ADA) - 9'-0" x 17'-0" 195 0 196 199 0 200 203 204 9 T 207 0 211 0 215 P1 219 0 223 0 P1 I 231 0 233 0 238 0 39 240 241 242 243 244 o M 245 I� STORAGE _j M 2183 SF �I 53'-4" 227 0 248 0 192 208 212 220 224 228 232 234 239 I 216 - - - - I I - - - - - - o � MINIMUM 15 SETBACKCO W C7 Cl J m N79022'07"W 231.92' PL 4' -Ob M N Q • o � LU cn z • • • • • • • • • • • 0' 16' 32' 64' 128' As indicated FLOOR PLAN - LEVEL B2 UPDATED SHEET Planning Commission Resolution No. 2033 SHEET - PARKING SCHEDULE Level Type Count Level 1 Guest (ADA) - 9'-0" x 17'-0" 1 Level 1 Guest (Primary) - 17'-0" x 8'-6" 9 Level 1 Guest (Primary) - 17'-0" x 9'-0" 2 12 P1 Guest (Primary) - 17'-0" x 8'-6" 6 P1 Guest (Primary) - 17'-0" x 9'-0" 2 P1 Residential (Primary) - 17'-0" x 8'-6" 20 P1 Residential (Primary) - 17'-0" x 9'-0" 38 P1 Residential (Tandem) - 18'-0" x 8'-6" (35' Min) 19 P1 Residential (Tandem) - 18'-0" x 9'-0" (35' Min) 39 124 P2 Guest (Primary) - 17'-0" x 8'-6" 9 P2 Guest (Primary) - 17'-0" x 9'-0" 15 P2 Guest (Tandem) - 18'-0" x 9'-0" (35' Min) 6 P2 Residential (Primary) - 17'-0" x 8'-6" 13 P2 Residential (Primary) - 17'-0" x 9'-0" 29 P2 Residential (Tandem) - 18'-0" x 8'-6" (35' Min) 13 P2 Residential (Tandem) - 18'-0" x 9'-0" (35' Min) 29 114 250 250 PROJECT TRUE NORTH NORTH A1.1 -B r RELATED 10/14/2016 M P/ 97;'-11 112" ROBERT A.M. STERN ARCHITECTS MVE, + P A R T N E R S OCMA 850 San Clemente Drive Newport Beach, CA EVEL P1 GARAGE OOTPRINT RELLIS 'DEE LANDSCAPE E ,EQUIRED FIRE TU INDERNEATH PODI EVEL P1 'DEE LEVEL P1 PLAI DOG RUN 'SEE LANDSCAPE[ Planning Commission Resolution No. 2033 97F'-11 112" LEVEL 2 1/16" = V-0" 0' 16' 32' 64' 128' 1/16" = V-0" FLOOR PLAN - LEVEL 1 - 2 UPDATED SHEET PROJECT TRUE NORTH NORTH L 1, M11 WO) r RELATED 10/14/2016 975'_11 1/R" 975'_11 1/R" Planning Commission Resolution No. 2033 1 LEVEL 0 3-5 (TYP. ) 1/16 1'-0" LEVEL 6 1/16" = 1'-0" DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Level 3 Level 6 Level 9 Level 12 Level 15 Level 18 Level 21 Level 24-25 UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2480 SF 2 293 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 2322 SF 1 148 SF UNIT - TH-A 3 4 5866 SF 1 497 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1953 SF 1 717 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF 1 118 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3437 SF 1 150 SF UNIT - TH-B 3 4 5574 SF 2 462 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 2 168 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2778 SF 1 150 SF UNIT - TH-C 3 4 5595 SF 1 497 SF UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3176 SF 2 780 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 3 287 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 2175 SF 1 148 SF TOTALS: 246 346 276,649 SF 140 21,444 SF UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2830 SF 2 293 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF Level 19 Level 22 Level 4 Level 7 Level 10 Level 13 Level 16 UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 1990 SF 2 481 SF UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3317 SF 1 119 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2659 SF 1 119 SF DWELLING UNIT TYPE +BEDROOM COUNT UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 1 63 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 1844 SF 2 481 SF Fixture ADA UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 1 63 SF Level 20 Level 23 Unit Type Unit Count Count Unit Area Compliant UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF UNIT - A 2 3 2522 SF 1 45 SF UNIT -A 3 4 3281 SF 1 150 SF Level 5 Level 8 Level 11 Level 14 Level 17 UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3018 SF 2 543 SF 2 54 3 126505 SF Yes UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2627 SF 1 480 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 3073 SF 1 150 SF 3 46 4 150144 SF Yes UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1953 SF 1 118 SF UNIT - B 3 4 3442 SF 1 375 SF UNIT - D 2 3 2375 SF 1 45 SF 100 100 276649 SF 63 SF UNIT - C 3 4 2783 SF 1 375 SF PROJECT 182 SF UNIT - D 2 3 2449 SF 1 480 SF TRUE NORTH 254 SF NORTH 1q) UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3176 SF 2 UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 ROBERT A.M. STERN ARCHITECTS MVE, + P A R T N E R S OCMA 850 San Clemente Drive Newport Beach, CA 0' 16' 3 2' FLOOR PLAN - LEVEL 3 - 6 128' 1/16" = 1'-0" A1.3 r RELATED 10/14/2016 975'_11 1/R" 975'_11 1/R" Planning Commission Resolution No. 2033 LEVEL 7-13 (TYP. ) 1/16 1'-0" LEVEL 14 1/16 1'-0" DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Level 3 Level 6 Level 9 Level 12 Level 15 Level 18 Level 21 Level 24-25 UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2480 SF 2 293 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 2322 SF 1 148 SF UNIT - TH-A 3 4 5866 SF 1 497 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1953 SF 1 717 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF 1 118 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3437 SF 1 150 SF UNIT - TH-B 3 4 5574 SF 2 462 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 2 168 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2778 SF 1 150 SF UNIT - TH-C 3 4 5595 SF 1 497 SF UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3176 SF 2 780 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 3 287 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 2175 SF 1 148 SF TOTALS: 246 346 276,649 SF 140 21,444 SF UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2830 SF 2 293 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF Level 19 Level 22 Level 4 Level 7 Level 10 Level 13 Level 16 UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 1990 SF 2 481 SF UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3317 SF 1 119 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2659 SF 1 119 SF DWELLING UNIT TYPE +BEDROOM COUNT UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 1 63 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 1844 SF 2 481 SF Fixture ADA UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 1 63 SF Level 20 Level 23 Unit Type Unit Count Count Unit Area Compliant UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF UNIT - A 2 3 2522 SF 1 45 SF UNIT -A 3 4 3281 SF 1 150 SF Level 5 Level 8 Level 11 Level 14 Level 17 UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3018 SF 2 543 SF 2 54 3 126505 SF Yes UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2627 SF 1 480 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 3073 SF 1 150 SF 3 46 4 150144 SF Yes UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1953 SF 1 118 SF UNIT - B 3 4 3442 SF 1 375 SF UNIT - D 2 3 2375 SF 1 45 SF 100 100 276649 SF 63 SF UNIT - C 3 4 2783 SF 1 375 SF PROJECT 182 SF UNIT - D 2 3 2449 SF 1 480 SF TRUE NORTH 254 SF NORTH 1q) UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3176 SF 2 UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 ROBERT A.M. STERN ARCHITECTS MVE, + P A R T N E R S OCMA 850 San Clemente Drive Newport Beach, CA 0' 16' 3 2' M FLOOR PLAN - LEVEL 7 - 14 128' 1/16" = 1'-0" r RELATED 10/14/2016 975'_11 1/R" 975'_11 1/R" Planning Commission Resolution No. 2033 LEVEL 15 1/16 1'-0" LEVEL 16 1/16" = 1'-0" DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Level 3 Level 6 Level 9 Level 12 Level 15 Level 18 Level 21 Level 24-25 UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2480 SF 2 293 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 2322 SF 1 148 SF UNIT - TH-A 3 4 5866 SF 1 497 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1953 SF 1 717 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF 1 118 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3437 SF 1 150 SF UNIT - TH-B 3 4 5574 SF 2 462 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 2 168 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2778 SF 1 150 SF UNIT - TH-C 3 4 5595 SF 1 497 SF UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3176 SF 2 780 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 3 287 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 2175 SF 1 148 SF TOTALS: 246 346 276,649 SF 140 21,444 SF UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2830 SF 2 293 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF Level 19 Level 22 Level 4 Level 7 Level 10 Level 13 Level 16 UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 1990 SF 2 481 SF UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3317 SF 1 119 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2659 SF 1 119 SF DWELLING UNIT TYPE +BEDROOM COUNT UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 1 63 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 1844 SF 2 481 SF Fixture ADA UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 1 63 SF Level 20 Level 23 Unit Type Unit Count Count Unit Area Compliant UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF UNIT - A 2 3 2522 SF 1 45 SF UNIT -A 3 4 3281 SF 1 150 SF Level 5 Level 8 Level 11 Level 14 Level 17 UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3018 SF 2 543 SF 2 54 3 126505 SF Yes UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2627 SF 1 480 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 3073 SF 1 150 SF 3 46 4 150144 SF Yes UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1953 SF 1 118 SF UNIT - B 3 4 3442 SF 1 375 SF UNIT - D 2 3 2375 SF 1 45 SF 100 100 276649 SF 63 SF UNIT - C 3 4 2783 SF 1 375 SF PROJECT 182 SF UNIT - D 2 3 2449 SF 1 480 SF TRUE NORTH 254 SF NORTH 1q) UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3176 SF 2 UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 ROBERT A.M. STERN ARCHITECTS MVE, + P A R T N E R S OCMA 850 San Clemente Drive Newport Beach, CA 0' 16' 3 2' FLOOR PLAN - LEVEL 15 - 16 128' 1/16" = 1'-0" A1.5 r RELATED 10/14/2016 975'_11 1/R" 975'_11 1/R" Planning Commission Resolution No. 2033 LEVEL 17 1/16 1'-0" SHEET - Level 18-19 (4BR) 1/16" = 1'-0" DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Level 3 Level 6 Level 9 Level 12 Level 15 Level 18 Level 21 Level 24-25 UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2480 SF 2 293 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 2322 SF 1 148 SF UNIT - TH-A 3 4 5866 SF 1 497 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1953 SF 1 717 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF 1 118 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3437 SF 1 150 SF UNIT - TH-B 3 4 5574 SF 2 462 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 2 168 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2778 SF 1 150 SF UNIT - TH-C 3 4 5595 SF 1 497 SF UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3176 SF 2 780 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 3 287 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 2175 SF 1 148 SF TOTALS: 246 346 276,649 SF 140 21,444 SF UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2830 SF 2 293 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF Level 19 Level 22 Level 4 Level 7 Level 10 Level 13 Level 16 UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 1990 SF 2 481 SF UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3317 SF 1 119 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2659 SF 1 119 SF DWELLING UNIT TYPE +BEDROOM COUNT UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 1 63 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 1844 SF 2 481 SF Fixture ADA UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 1 63 SF Level 20 Level 23 Unit Type Unit Count Count Unit Area Compliant UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF UNIT - A 2 3 2522 SF 1 45 SF UNIT -A 3 4 3281 SF 1 150 SF Level 5 Level 8 Level 11 Level 14 Level 17 UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3018 SF 2 543 SF 2 54 3 126505 SF Yes UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2627 SF 1 480 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 3073 SF 1 150 SF 3 46 4 150144 SF Yes UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1953 SF 1 118 SF UNIT - B 3 4 3442 SF 1 375 SF UNIT - D 2 3 2375 SF 1 45 SF 100 100 276649 SF 63 SF UNIT - C 3 4 2783 SF 1 375 SF PROJECT 182 SF UNIT - D 2 3 2449 SF 1 480 SF TRUE NORTH 254 SF NORTH 1q) UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3176 SF 2 UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 ROBERT A.M. STERN ARCHITECTS MVE, + P A R T N E R S OCMA 850 San Clemente Drive Newport Beach, CA 0' 16' 3 2' FLOOR PLAN - LEVEL 17 - 19 128' 1/16" = 1'-0" A1.6 r RELATED 10/14/2016 975'_11 1/R" 975'_11 1/R" Planning Commission Resolution No. 2033 LEVEL 20 1 1/16" = 1'-0" 2� LEVEL 21 1/16 1'-0" DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Level 3 Level 6 Level 9 Level 12 Level 15 Level 18 Level 21 Level 24-25 UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2480 SF 2 293 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 2322 SF 1 148 SF UNIT - TH-A 3 4 5866 SF 1 497 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1953 SF 1 717 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF 1 118 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3437 SF 1 150 SF UNIT - TH-B 3 4 5574 SF 2 462 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 2 168 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2778 SF 1 150 SF UNIT - TH-C 3 4 5595 SF 1 497 SF UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3176 SF 2 780 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 3 287 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 2175 SF 1 148 SF TOTALS: 246 346 276,649 SF 140 21,444 SF UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2830 SF 2 293 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF Level 19 Level 22 Level 4 Level 7 Level 10 Level 13 Level 16 UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 1990 SF 2 481 SF UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3317 SF 1 119 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2659 SF 1 119 SF DWELLING UNIT TYPE +BEDROOM COUNT UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 1 63 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 1844 SF 2 481 SF Fixture ADA UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 1 63 SF Level 20 Level 23 Unit Type Unit Count Count Unit Area Compliant UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF UNIT - A 2 3 2522 SF 1 45 SF UNIT -A 3 4 3281 SF 1 150 SF Level 5 Level 8 Level 11 Level 14 Level 17 UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3018 SF 2 543 SF 2 54 3 126505 SF Yes UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2627 SF 1 480 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 3073 SF 1 150 SF 3 46 4 150144 SF Yes UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1953 SF 1 118 SF UNIT - B 3 4 3442 SF 1 375 SF UNIT - D 2 3 2375 SF 1 45 SF 100 100 276649 SF 63 SF UNIT - C 3 4 2783 SF 1 375 SF PROJECT 182 SF UNIT - D 2 3 2449 SF 1 480 SF TRUE NORTH 254 SF NORTH 1q) UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3176 SF 2 UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 ROBERT A.M. STERN ARCHITECTS MVE, + P A R T N E R S OCMA 850 San Clemente Drive Newport Beach, CA 0' 16' 3 2' M FLOOR PLAN - LEVEL 20 - 21 128' 1/16" = 1'-0" r RELATED 10/14/2016 975'_11 1/R" 975'_11 1/R" Planning Commission Resolution No. 2033 0 LEVEL 22 1/16 1'-0" OLEVEL 23 1/16 1'-0" DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Level 3 Level 6 Level 9 Level 12 Level 15 Level 18 Level 21 Level 24-25 UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2480 SF 2 293 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 2322 SF 1 148 SF UNIT - TH-A 3 4 5866 SF 1 497 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1953 SF 1 717 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF 1 118 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3437 SF 1 150 SF UNIT - TH-B 3 4 5574 SF 2 462 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 2 168 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2778 SF 1 150 SF UNIT - TH-C 3 4 5595 SF 1 497 SF UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3176 SF 2 780 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 3 287 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 2175 SF 1 148 SF TOTALS: 246 346 276,649 SF 140 21,444 SF UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2830 SF 2 293 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF Level 19 Level 22 Level 4 Level 7 Level 10 Level 13 Level 16 UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 1990 SF 2 481 SF UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3317 SF 1 119 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2659 SF 1 119 SF DWELLING UNIT TYPE +BEDROOM COUNT UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 1 63 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 1844 SF 2 481 SF Fixture ADA UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 1 63 SF Level 20 Level 23 Unit Type Unit Count Count Unit Area Compliant UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF UNIT - A 2 3 2522 SF 1 45 SF UNIT -A 3 4 3281 SF 1 150 SF Level 5 Level 8 Level 11 Level 14 Level 17 UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3018 SF 2 543 SF 2 54 3 126505 SF Yes UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2627 SF 1 480 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 3073 SF 1 150 SF 3 46 4 150144 SF Yes UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1953 SF 1 118 SF UNIT - B 3 4 3442 SF 1 375 SF UNIT - D 2 3 2375 SF 1 45 SF 100 100 276649 SF 63 SF UNIT - C 3 4 2783 SF 1 375 SF PROJECT 182 SF UNIT - D 2 3 2449 SF 1 480 SF TRUE NORTH 254 SF NORTH 1q) UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3176 SF 2 UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 ROBERT A.M. STERN ARCHITECTS MVE, + P A R T N E R S OCMA 850 San Clemente Drive Newport Beach, CA 0' 16' 3 2' FLOOR PLAN - LEVEL 22 - 23 128' 1/16" = 1'-0" A1.8 r RELATED 10/14/2016 97;'_11 1 /R" � 1E 6E L 14 0.. 97;'_11 1 /R" Planning Commission Resolution No. 2033 LEVEL 25 1/16 1'-0" DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Unit Name BR Count Fixture Count Square Footage Balcony Count Balcony Area Level 3 Level 6 Level 9 Level 12 Level 15 Level 18 Level 21 Level 24-25 UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2480 SF 2 293 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 2322 SF 1 148 SF UNIT - TH-A 3 4 5866 SF 1 497 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1953 SF 1 717 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF 1 118 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3437 SF 1 150 SF UNIT - TH-B 3 4 5574 SF 2 462 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 2 168 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2778 SF 1 150 SF UNIT - TH-C 3 4 5595 SF 1 497 SF UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3176 SF 2 780 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 3 287 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 2175 SF 1 148 SF TOTALS: 246 346 276,649 SF 140 21,444 SF UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2830 SF 2 293 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF Level 19 Level 22 Level 4 Level 7 Level 10 Level 13 Level 16 UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 1990 SF 2 481 SF UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3317 SF 1 119 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2659 SF 1 119 SF DWELLING UNIT TYPE +BEDROOM COUNT UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 1 63 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 1844 SF 2 481 SF Fixture ADA UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 1 63 SF Level 20 Level 23 Unit Type Unit Count Count Unit Area Compliant UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF UNIT - A 2 3 2522 SF 1 45 SF UNIT -A 3 4 3281 SF 1 150 SF Level 5 Level 8 Level 11 Level 14 Level 17 UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3018 SF 2 543 SF 2 54 3 126505 SF Yes UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2627 SF 1 480 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 3073 SF 1 150 SF 3 46 4 150144 SF Yes UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1953 SF 1 118 SF UNIT - B 3 4 3442 SF 1 375 SF UNIT - D 2 3 2375 SF 1 45 SF 100 100 276649 SF 63 SF UNIT - C 3 4 2783 SF 1 375 SF PROJECT 182 SF UNIT - D 2 3 2449 SF 1 480 SF TRUE NORTH 254 SF NORTH 1q) UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3176 SF 2 UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 ROBERT A.M. STERN ARCHITECTS MVE, + P A R T N E R S OCMA 850 San Clemente Drive Newport Beach, CA 0' 16' 3 2' FLOOR PLAN - LEVEL 24 - 25 128' 1/16" = 1'-0" A1.9 r RELATED 10/14/2016 ROBERT A.M. STERN ARCHITECTS MVE, + P A R T N E R S 97;'_11 1 /W ROOF LEVEL 1/16 1'-0" OCMA 850 San Clemente Drive Newport Beach, CA 0' 16' 32' 64' 128' 1/16" = V-0" FLOOR PLAN - ROOF LEVEL Planning Commission Resolution No. 2033 PROJECT TRUE NORTH NORTH A1.10 r RELATED 10/14/2016 1 � � ROBERT A.M. STERN ARCHITECTS i► .^wfl i o0Q °oo o / \ r `\ a \ L — — — — — — — — — — — —J . \\ o• C)000 0 o °o \ a •o + P A R T N E R S OCMA 850 San Clemente Drive Newport Beach, ca Pent. 32'-0" -eve 11 17 1 7 1 0' 16' 32' 64' 128' 1/16" = 1'-0" FRONT ELEVATION UPDATED SHEET Planning Commission Resolution No. 2033 A2.1 H EL ED 1M3A/2016 A ROBERT A.M. STERN ARCHITECTS gq,;,-11,1 10 + P A R T N E R S e I P 114 V 4 \• 0- OCMA 850 San Clemente Drive Newport Beach, CA _ 0400 d 00 0 a 0 O O O o0©0444x9© I do4Op04p0©©°o Q O V Q o O O V L7 Q oCI© a'oa° 004440 Mech. Pent. 482'- 0" -j _ Level 187'-0' 0' 16' 32' 64' 128' 1/16" = 1'-0" BACK ELEVATION UPDATED SHEET Planning Commission Resolution No. 2033 A2.2 N EL ED WJ�4/2016 RA—l Pent. ,. Roof 178' NORTH ELEVATION 1 1116" _ 1'-01, 1 t � ROBERT A.M. STERN ARCHITECTS + P A R T N E R S OCMA 850 San Clemente Drive Newport Beach, CA ,evel 25 I.65" - 6" ,evel 24 153' - 0" --- evel 23 1411- 2" .evel 22 201- 411 .evel 21 118'-611 ,evel 20 106,-81' -1 9-1 5 ' 1 � 39- 1 a" .evel 18 385' - 0" ,evel 17 373' - 2" .evel 16 X62' - 4" ,evel 15 351"-6" .eve[ 14 339 -8 ,evel 13 , 328, - 10" evel 12 X18'-0" ,evel 11 307' - 2" --' ,evel 10 ?961- 411 Level 9 '.85'-6" - Level 8 741- 811 Level 7 i3'- 10" Level 6 X 531 - 011 - Level s , !41'- 2" Level 4 !301- 41' Level 3 X19' Level 2 '.04' - 6" Level 1 87' Planning Commission Resolution No. 2033 295'-0,1 Mech. Pent. 482"',1-"0" Roof - 478' - 6„ - ', SOUTH ELEVATION 1116" = 1'-G" I Ir I � 7.I ■1 PLl �c I � a 0' 161 321 64' 128' 1%16" ^ V-011 NORTH & SOUTH ELEVATIONS UPDATED SHEET Level 25 4651' - 6" - Level 24 '453' - 011 Level 23 441 Level 22 430'- 4" Level 21 418'-61 Level 20 � 4'06'$" Level 19 395'-10" 0 Level 18 385' 0" .� Level 17 373"2 Level. l 362'- 4" Level 15 351' 11_-'6 Level 14 y .339'- 1p,r Level 13 � :328' -10" Level 12 318'-0" Level 11 -' 307'- 211 11 Level 10 ; :296'�4rr Level 9 '285'- 611 Level 8 :274'x$" -Level ()rt ,63' - 1 ()rt Level 6 ;253' Level 5 211 Level 4 :230'- 411 Level Level 2 2041-611 Level 1 1187'- a" A2.3 GRELATED wiel/vNM!M1wIYr1.,IMIw�IrN�/IlYrlrlrmrll.mlr�=.•N•-•�•r•:•,/.r NINE! � -.r � � _.ri�nrlrirfa�7�ra■Ir■�■ -.:+.+r•^��,•++'•a1r..rrwa,l.u.l.r_rr.■.�_Aww>•�rrr li�l I� �+ �� I.I�I I�.i �Inv � M11111il 11IM111 1 'Il X01 �II� ��ILI �M-- M.I kw Ir �'.tl ■ WI _ II Imo} �� ;� i!� liil�•rel :� out 19■1■i 'Y'r■•iil Ytr 1 1.I Y■■ ■!i I 1.1 ■nr ■ull._= re'rlfYrfwll�■mrrl■■ �— �■I�1=�' - -�■■Tlgililr■_■,■■_r■Ir' �� — t■� 1�1 fYIOIOIIi = .■1r1�■rll Il It■Fti■ _ _ � ��I ral I __ — X1=10 ■� ■!� li`— ILII �� � �I� (fir —T—- _ I"_"�I_. ■ ANN d/1111■ !It!■1■r■ ■1■'r■ rn 111 I II■ J� Y■I ■111J■1■II. 1 ■I ■Irl >All. 1 v■. r_•. �■�■ !■■r ■ �r�l rtYl. 10 ��alr�lll�il !— I�rr■�I■�r'i In■r/rrmn�Nor �I�� I� llrr■■■e i11rr'Ir1•�Irr�i .� • ■ �• !� I� I. ���._ I� �.� unr■Ir■rrrtllrs■/ru I—` Ir'r��il� . -- �a�rall•r. ■Iwrrv■ �I - _■rr■r■r�'Tu•i�rlit - '.fed I� �� � -- � _ ... ■, �I:,..,—, I� �II I■/I•=■c::.r.:■n.1■Ira:s ,.:�!■r■■s:�-/1!t I. —' �ii_iirr■r.9■�-�ivii � ■ -� i• ■ li 7 II��.'�1 III IlriI �I' Irl .ter Irl I� I, L� ��_ ��+ ��� �.�I� �I� �J�■LF.1•illii■I■I■■Y■t.. lwonr.w■■■uw. wrr�l� �..� , ■ a 111�� .�:�!� _ �f�■��rllr�Ylr•1'�I�_. _. _�� — 1•r�l! � � � I��''r ISI I� �" .,� >.� Is � ! �!I[�IIII 11�11�1 1111 ICI= �! 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Lla..� MMM ', SOUTH ELEVATION 1116" = 1'-G" I Ir I � 7.I ■1 PLl �c I � a 0' 161 321 64' 128' 1%16" ^ V-011 NORTH & SOUTH ELEVATIONS UPDATED SHEET Level 25 4651' - 6" - Level 24 '453' - 011 Level 23 441 Level 22 430'- 4" Level 21 418'-61 Level 20 � 4'06'$" Level 19 395'-10" 0 Level 18 385' 0" .� Level 17 373"2 Level. l 362'- 4" Level 15 351' 11_-'6 Level 14 y .339'- 1p,r Level 13 � :328' -10" Level 12 318'-0" Level 11 -' 307'- 211 11 Level 10 ; :296'�4rr Level 9 '285'- 611 Level 8 :274'x$" -Level ()rt ,63' - 1 ()rt Level 6 ;253' Level 5 211 Level 4 :230'- 411 Level Level 2 2041-611 Level 1 1187'- a" A2.3 GRELATED Planning Commission Resolution No. 2033 RAMSA ROBERT A.M. STERN ARCHITECTS T �— �. Pe�tt,. 82 Roof � 78'-66 vel 25 65'-6" :vel 2 53'-0" ,vel 23 41'-2" ,vel 22 301-411 ,vel 21 181-611 ,vel 20 06' - 8" :vel 19 95'- 10" ,vel 18 85'-0" ,vel 17 73' - 2" ,vel 16 621- 4" ;vel 15 51'-6" vel 14 39'-8" vel 13 28'- 10" :vel 12 18'-0" ,vel 11 071-211 well 10 961-411 -evel9 85'-6" -evel 8 74' - 8" -evel 7 3' - •10" -evel 6 53'-0" -evel 5 411- 2" -evel 4 301-411 _91-1 3 19'-6�! -evel 2 04'-6" _ever 87'-0" P 73'-6" P 63'-6" 0' 20' 40' 80' 160' 1/16" = 1'-0" Planning Commission Resolution No. 2033 A3.1 MVEOCMA 850 San Clemente Drive SITE SECTION 1 r R ELATED Newport Beach, CA UPDATED SHEET +P a R T N E R s FIRE DEPARTMENT NOTES 1. NEWPORT BEACH FIRE DEPARTMENT SITE INSPECTIONS ARE REQUIRED FOR THIS PROJECT. PLEASE SCHEDULE ALL FIELD INSPECTIONS AT LEAST 48 HOURS IN ADVANCE. INSPECTIONS CANCELED AFTER 1 P.M. ON THE DAY BEFORE THE SCHEDULED DATE WILL BE SUBJECT TO A RE -INSPECTION FEE. CALL NEWPORT BEACH FIRE DEPARTMENT INSPECTION SCHEDULING AT (714) 644-3255. 2. A LUMBER DROP INSPECTION SHALL BE PERFORMED PRIOR TO BRINGING COMBUSTIBLE MATERIALS ON-SITE (OR DRYWALL FOR STRUCTURES OF NON-COMBUSTIBLE CONSTRUCTION). ALL-WEATHER ACCESS ROADS CAPABLE OF SUPPORTING 72,000 LBS., TOPPED WITH ASPHALT, CONCRETE, OR EQUIVALENT SHALL BE IN PLACE AND HYDRANTS SHALL BE TESTED AND MADE SERVICEABLE PRIOR TO AND DURING TIME OF CONSTRUCTION. 3. PHASED INSTALLATION OF FIRE ACCESS ROADS REQUIRES ADDITIONAL INSPECTIONS NOT COVERED BY THE FEES PAID AT PLAN SUBMITTAL. CONTACT INSPECTION SCHEDULING TO ARRANGE FOR ADDITIONAL INSPECTIONS THAT MAY BE NEEDED AND ANY FEES THAT MAY BE DUE. 4. AN ORIGINAL APPROVED, SIGNED, WET -STAMPED NEWPORT BEACH FIRE, FIRE MASTER PLAN SHALL BE AVAILABLE ON-SITE AT TiME OF INSPECTION. 5. ACCESS ROADS AND HYDRANTS SHALL BE MAINTAINED AND REMAIN CLEAR OF OBSTRUCTIONS AT ALL ITEMS DURING AND AFTER CONSTRUCTION. AREAS WHERE PARKING IS NOT PERMITTED SHALL BE CLEARLY IDENTIFIED AT ALL TIMES. OBSTRUCTION OF FIRE LANES AND HYDRANTS MAY RESULT IN CANCELLATION OR SUSPENSION OF INSPECTIONS. 6. FIRE APPARATUS ROADS SHALL BE DESIGNED AND MAINTAINED TO SUPPORT THE IMPOSED LOADS OF FIRE APPARATUS (72,000 LBS) AND TRUCK OUTRIGGER LOADS OF 75 LBS. PER SQUARE INCH OVER A TWO FOOT AREA. CALCULATIONS STAMPED AND SIGNED BY A REGISTERED PROFESSIONAL ENGINEER SHALL CERTIFY THAT THE PROPOSED SURFACE MEETS THE CRITERIA OF AN ALL WEATHER DRIVING SURFACE AND IS CAPABLE OF WITHSTANDING THE WEIGHT OF 72,000 LBS. THESE LOADS ARE ALSO REQUIRED IF SURFACE 13 TURF BLOCK OR OTHER ENGINEERED ALTERNATE SURFACE. 7. TEMPORARY FUEL TANKS OF 60 OR MORE GALLONS SHALL BE REVIEWED, INSPECTED, AND PERMITTED BY NEWPORT BEACH FIRE PRIOR TO USE. 8. THE PROJECT ADDRESS SHALL BE CLEARLY POSTED AND VISIBLE FROM THE PUBLIC ROAD DURING CONSTRUCTION. 9. ALL GATES IN CONSTRUCTION FENCING SHALL BE EQUIPPED WITH EITHER A KNOX OR BREAKAWAY PADLOCK. 10. BUILDINGS OF FOUR OR MORE STORIES SHALL BE PROVIDED WITH STAIRS AND A STANDPIPE BEFORE REACHING 40 FEET IN HEIGHT. 11. FIRE LANE WIDTHS SHALL BE MEASURED FROM TOP FACE OF THE CURB TO TOP FACE OF THE CURB FOR FIRE LANES WITH STANDARD CURBS AND GUTTERS AND FROM FLOW -LINE TO FLOW -LINE FOR FIRE LANES WITH MODIFIED CURB DESIGNS (E.G., ROLLED, RAMPED, ETC). THE DEVELOPER IS RESPONSIBLE TO VERIFY THAT ALL APPROVED PUBLIC WORKS OR GRADING DEPARTMENT STREET IMPROVEMENT PLANS OR PRECISE GRADING PLANS CONFORM TO THE MINIMUM STREET WIDTH MEASUREMENTS PER THE APPROVED CITY OF NEWPORT BEACH FIRE MASTER PLAN AND STANDARDS FOR ALL PORTIONS OF THE FIRE ACCESS ROADS. 12. PERMANENT, TEMPORARY, AND PHASED EMERGENCY ACCESS ROADS SHALL BE DESIGNED AND MAINTAINED TO SUPPORT AN IMPOSED LOAD OF 72,000 LBS. AND SURFACED TO PROVIDE ALL-WEATHER DRIVING CAPABILITIES. 13. FIRE LANE SIGNS AND RED CURBS SHALL MEET THE SPECIFICATIONS SHOWN ON DETAIL AND NEWPORT BEACH FIRE STANDARDS, AND SHALL BE INSTALLED AS DESCRIBED THEREIN. ADDITIONAL FIRE LANE MARKINGS MAY BE REQUIRED AT THE TIME OF INSPECTION DEPENDING ON FIELD CONDITIONS. 14. ALL ONSITE FIRE HYDRANTS SHALL HAVE A "BLUE REFLECTIVE PAVEMENT MARKER" INDICATING THEIR LOCATION PER THE NEWPORT BEACH FIRE STANDARD. ON PRIVATE PROPERTY MARKERS ARE TO BE MAINTAINED IN GOOD CONDITION BY THE PROPERTY OWNER. 15. ADDRESS NUMBERS SHALL BE LOCATED AND BE OF A COLOR AND SIZE SO AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM THE ROADWAY FROM WHICH THE BUILDING IS ADDRESSED. ADDRESS NUMBERS SHALL BE ILLUMINATED AT NIGHT. FIRE DEPARTMENT SHALL HAVE INPUT ON BUILDING ADDRESSING. 16. ACCESS GATES SHALL BE APPROVED PRIOR TO INSTALLATION AND SHALL BE IN COMPLIANCE WITH CHAPTER 5 OF THE CFC. 17. VEGETATION SHALL BE SELECTED AND MAINTAINED IN SUCH A MANNER AS TO ALLOW IMMEDIATE ACCESS TO ALL HYDRANTS, VALVES, FIRE DEPARTMENT CONNECTIONS, PULL STATIONS, EXTINGUISHERS, SPRINKLER RISERS, ALARM CONTROL PANELS, RESCUE WINDOWS, AND OTHER DEVICES OR AREAS USED FOR FIREFIGHTING PURPOSES. VEGETATION OR BUILDING FEATURES SHALL NOT OBSTRUCT ADDRESS NUMBERS OR INHIBIT THE FUNCTIONING OF ALARM BELLS, HORNS, OR STROBES. 18. DUMPSTERS AND TRASH CONTAINERS LARGER THAN 1.5 CUBIC YARDS SHALL NOT BE STORED IN BUILDINGS OR PLACED WITHIN 5 FEET OF COMBUSTIBLE WALLS, OPENINGS OR COMBUSTIBLE ROOF EAVE LINES UNLESS PROTECTED BY AN APPROVED SPRINKLER SYSTEM. 19. ANY FUTURE MODIFICATION TO THE APPROVED FIRE MASTER PLAN OR APPROVED SITE PLAN, INCLUDING BUT NOT LIMITED TO ROAD WIDTH, GRADE, SPEED HUMPS, TURNING RADII, GATES OR OTHER OBSTRUCTIONS, SHALL REQUIRE REVIEW, INSPECTION, AND APPROVAL BY THE NEWPORT BEACH FIRE DEPARTMENT, 20. APPROVAL OF THIS PLAN SHALL NOT BE CONSTRUED AS APPROVAL OF ANY INFORMATION OR PROJECT CONDITIONS OTHER THAN THOSE ITEMS AND REQUIREMENTS IDENTIFIED IN NEWPORT BEACH FIRE STANDARDS AND RELATED PORTIONS OF THE CFC AND CBC. THIS PROJECT MAY BE SUBJECT TO ADDITIONAL REQUIREMENTS NOT STATED HEREIN UPON EXAMINATION OF ACTUAL SITE AND PROJECT CONDITIONS OR DISCLOSURE OF ADDITIONAL INFORMATION. 21. A "KNOX" KEY STORAGE BOX WILL BE REQUIRED FOR EACH BUILDING. KEYS SHALL BE PROVIDED FOR ALL EXTERIOR ENTRY DOORS, FIRE PROTECTION EQUIPMENT CONTROL ROOMS, MECHANICAL ROOMS, EQUIPMENT ROOMS, PEDESTRIAN GATES, POOL GATES AND ADDITIONAL AREAS THE FIRE INSPECTOR UPON INSPECTION FINAL FINDS NECESSARY FOR EMERGENCY RESPONSE PERSONNEL. THE KNOX BOXES SHALL BE LOCATED ON EACH BUILDING IN THE SAME CONSISTENT LOCATION. E.G. MAIN ENTRANCE ETC. 22. AN UNDERGROUND PIPING PLAN IS REQUIRED FOR THE INSTALLATION OF AN AUTOMATIC FIRE SPRINKLER SYSTEM OR FOR A PRIVATE FIRE HYDRANT SYSTEM. A SEPARATE PLAN SUBMITTAL IS REQUIRED. 23. AN ARCHITECTURAL PLAN IS REQUIRED TO BE SUBMITTED TO THE NEWPORT BEACH FIRE DEPT. FOR REVIEW AND APPROVAL. 24, AUTOMATIC FIRE SPRINKLER SYSTEM SHALL BE INSTALLED IN COMPLIANCE WITH NFPA FULL 13, WITH APPLICABLE CODES AND LOCAL ORDINANCES, AMENDMENTS, AND GUIDELINES. A SEPARATE PLAN SUBMITTAL IS REQUIRED. 25. SEPARATE PLAN SUBMITTAL AND PERMITS WILL BE REQUIRED FOR THE FOLLOWING ITEMS: FIRE ALARM SYSTEM, STANDPIPE SYSTEM. 26, A CHEMICAL CLASSIFICATION AND HAZARDOUS MATERIALS COMPLIANCE PLAN SHALL BE APPROVED BY THE NEWPORT BEACH FIRE DEPARTMENT PRIOR TO ANY HAZARDOUS MATERIALS BEING STORED OR USED ON SITE. A SEPARATE PLAN SUBMITTAL IS REQUIRED. 27. ALL ELEVATORS SHALL BE GURNEY ACCOMMODATING IN ACCORDANCE WITH THE CALIFORNIA BUILDING CODE. 28. FIRE MONITORING ROOM WILL BE PROVIDED. ROOM WILL CONTAIN BUILDING FLOOR PLANS, ELECTRICAL AND PLUMBING PLANS, ALARM PANELS AND BUILDING KEYS. 29. CONSTRUCTION GATES WILL BE PROVIDED WITH A KNOX OR BREAKAWAY PADLOCK. 30. STANDPIPES SHALL BE PROVIDED FOR ALL BUILDINGS AS PER C.F.C. SEC. 905.3.1. 31. EMERGENCY RESPONDER RADIO COVERAGE (800 MHZ WILL BE REQUIRED AND SHALL COMPLY WITH NEWPORT BEACH FIRE DEPARTMENT GUIDELINE & STANDARDS D.05 PUBLIC SAFETY RADIO SYSTEM COVERAGE. 32. STAIRWELL SIGNAGE SHALL MEET NEWPORT BEACH FIRE DEPARTMENT GUIDELINE & STANDARDS D.01. COMBUSTIBLE CONSTRUCTION LETTER FIRE LANE SIGN DETAILS HIGHRISE REQUIREMENTS SEE NBFD GUIDELINE C.02 FOR ADDITIONAL REQUIREMENTS I Fire Department Access: Evacuation Signs: _ - -- Truck ladder access to HRBs shall be provided so that fire department ladder operations can Evacuation signs are required per Title 19 Section 3.09 and Health and Safety Code Sections 13220. occur from at least two side of the structure. The fire department access roadway shall be located Standard Fire Lane Sign no closer than 20 feet to the structure and no more than 40 feet from the structure and a minimum Sign Details ~� `-:� E of 20 feet in width. Vegetation in the area between the building and the fire department access 1. Provide a detail of the signs for each floor -level. road where aerial operations are provided shall not impede those operations and shall be 2. Specify that all signs shall include the following features: �_ _ M 1. The sign must be approved by restricted to 20 feet in height at maturity. The roadway surfaces shall be capable of supporting a. Minimum lettering size 3116 inch non decorative lettering - _ � I i A 18" 68,000 pounds and a minimum of 20 feet in unobstructed width. b. All lettering shall be in sharp contrast to the background - _ ___ the Fire Department and/or Cit c. Constructed of durable material I/ - - t, f B 1�� � � Y I'J' C 114" Traffic Engineer and must be a Fire Command Center (FCC): d. Emergency Exit Routes, and map legend, shall include: ' G minimum of 18" x 12". A FCC is required and shall be separated from the building by a one-hour fire barrier constructed i. The pathway of the means of egress that indicates the evacuation routes I // S���In 5 1J2 in accordance with CBC Chapter 7. The FCC shall be located so that it is accessible directly from ii. Exit doors , NG E 1 1/2° 2. Lettering shall be RED' onWHITE the exterior door adjacent to the fire department access roadway. The size of the room shall be a iii. Locations ❑f manual fire alarm stations n F 3 11V background, no smaller than minimum of 96 ft2, with the minimum dimensions of 8 feet. The FCC shall contain the following Iv. Schematic of manual fire alarm stations , FIDE 1 G 719' 2 1/4" in height not reflectorized. equipment at a minimum: v. Statements describing bo#h audible and visual fire alarm systems J 21 4" 3 The words "lora" shall be WHITE vi. Fire Department emergency telephone number 911 vehicular traffic entering the area. 5. Signs shall be of durable material G x 1J2" on ICED background, no smaller g A. Emergency Voice/Alarm Communications B. Fire Alarm Control Panel (FACP) vj.Statement prohibiting the use of elevators in case of emergency // / "�__�� LANE J L 518" than 2 1 j 4" in height, not C. Fire Alarm/Detection System Annunciator Unit Sign Location cord to reach all portions of the room M.One Work table (3'x5') with 2 folding chairs vk. Immediately inside all public entrances to a public building 318"reflectorized. D. Elevator annunciator showing location and status 1. Identify the location of all evacuation signs for each floor. if the floor layout is identical for multiple stories, theC 5 inch Size .. Inch stroke C 225DD•1 i&M 64.4-3717 The sign shall tae securely IL5 facing the direction of E. Status indicators and controls for air handling systems F. Smoke control panel plan can be so indicated. A separate floor plan for each subsequent identical floor -level will not be required.'4. 2. Specify all signs shall be posted at a height no greater than 48" above the floor level measured to the top of1mounted the 1 Inch size i�IC PARKING P. Emergency contact information (Building Engineer, Maintenance, Property Management, Breathing Air Replenishment Systems. G.Sprinkler valve and water -flow detector display panel sign. Security, Alarm Company, Elevator Company, Major Tenants point of contact) _ � _I travel and clearly visible to H. Emergency and standby power status indicators 3. The floor plan diagram on the evacuation sign shall be oriented directionally as it is seen from the viewer's OWNHOM UNIT vehicular traffic entering the area. 5. Signs shall be of durable material I. Generator status panel with manual stark and transfer features J. Fire pump status panel perspective. 4. The following locations must be provided with an emergency evacuation sign: '� and construction. K. Controls for unlocking all stairway doors simultaneously L. A wall -mounted telephone with an outside -dedicated private line, with sufficient telephone vi.All elevator landings vj.Every stairway landing (on the corridor side) Entrance Sign to Communities cord to reach all portions of the room M.One Work table (3'x5') with 2 folding chairs vk. Immediately inside all public entrances to a public building `- 12 Audible Alarm $Voice Evacuation System: 5 inch Size .. Inch stroke ■ Lettenng shall be RED on WHITE background, with Fire Lanes N. Knox Key Locker O.Battery powered emergency lighting device (Bug Eyes) Example 1 Inch size i�IC PARKING P. Emergency contact information (Building Engineer, Maintenance, Property Management, Breathing Air Replenishment Systems. ax IHR°"c_La '/.Inch Stroke Security, Alarm Company, Elevator Company, Major Tenants point of contact) X12"� + The sign must be approved by the Fire I�epai-klllent City Traffic Engineer NOTICE Q.Schematic building plans in clear) labeled approved containers, indicating the typical floor g p Y pp g YP and detailing the building core, fire resistive separations, exit facilities, on-site T I EAST STAIR � Inch Size Inch stroke and/or and plan water No Roos AccEss 478- 6" �� " must be a minimum of 1S � 24p supply, fire- fire -protection systems, firefighting equipment, and fire department access. Y 9 9p 12 Audible Alarm $Voice Evacuation System: 5 inch Size .. Inch stroke ■ Lettenng shall be RED on WHITE background, R. The entry door shall be provided with a Schlage lock with a "C" cylinder open able with an Activation of the audible fire alarm and voice evacuation system shall be as follows: M 'I 1 Inch size i�IC PARKING NBFD master key.Once it has been installed, a licensed locksmith shall key the Cylinder. Y Y Breathing Air Replenishment Systems. ax IHR°"c_La '/.Inch Stroke no smaller than 2" In ))eight. The locksmith shall contact NBFD Fire Prevention staff for the keying sequence. A ° dI B. The above cycle shall continue to sound until manually terminated by Fire Department IN RED ZONES • The words "FIRE LADE" shall be WHITE on RED background, than �" in height. The panels/equipment shag be arranged on the wall in the following order starting left of the entry no smallerg door and proceeding in a clockwise direction. Fire Sprinkled ,ayavv,,,. + The sign shall be securely mounted facing the A. Knox Box All HRBs shall be protected by an automatic fire sprinkler system. The sprinkler system design shall conform to NFPA 21:: direction of travel and clearly visible to vehicular B. Controls for unlocking all stairway doors 13, CBC Chapter 4 and Chapter 9; CFC Chapter 9. In the shell building, only quick response sprinklers shall be used. E32M traffic entedn ark) C. Fire Alarm Annunciator (Graphic Display) g p area• D. Fire Alarm Control Panel (FACP) A fire pump shall be provided and rated to provide the demands of the sprinkler or standpipe system whichever is + Signs shall be made of durable material and E. Voice Evacuation Panel greater. If the fire pump is electric, it shall be connected to the emergency power system. The fire pump shall be VIOLATING VEHICLES construction. F. Elevator Status Panel designed and installed in accordance to NFPA 20, In HRB's 15 stories or taller, two fire pumps shall be provided to VVILL BE CITED G. Emergency and standby power status create a low -zone high -zone configuration. One pump shall supply the first to the Oth floor, the second pump for all OR TOWED H. Generator Status Panel other floors. 1. Fire Pump Status Panel J. Smoke Control Panel The sprinkler system design shall be designed to minimize the use of pressure regulating/reducing devices M. C. 12.40.190 F K. Air Handling Unit Status Panel EXISTING OFFICE CVC 22500.1 L. Telephone Standpipe System: M.Emergency Contact Information adjacent to telephone The standpipe system shall be combined with the sprinkler system risers and shall be installed according to CFC COMPLEX Chapter 9, NFPA 14. The combined systems shall be interconnected at the bottom between risers. N. B. P. D. 544-3117 Emergency Responder Radio Coverage System: 800 MHZ radio coverage shall be provided in the building. The owner is responsible to retain a Two (2) two and one-half (2'/2") outlets shall be provided at the roof. If all portions of the roof cannot be reached within -NOT A PART - FCC -certified technician who will test and certify the system before an issuance of a Certification 150 feet from the roof outlets, additional outlets shall be provided. ---,.,/ of Occupancy. A$5.7 The system shall be designed so that the system is automatically capable of providing a minimum of 500 GPM from the A EX FH I>A_� F, iSJ4%N F//v � Q&S '19 PROPOSED APARTMENT COMPLEX -NOT A PART mann) GRAPHIC SCALE 0 30' 60' 90' ( IN FEET) 1 inch = 30 ft. s.:// c n I a I 111111111111111% -NOT A Fire Alarm System: outlets at the roof and a minimum of 250 GPM for all subsequent standpipe outlets, to a maximum of 1250 GPM. The ° I HRBs shall be provided with an approved automatic fire alarm system meeting the requirements residual pressure shall be 100 psi with full flow. A typical two -stair HRB will have a total standpipe demand of 750 GPM.14 °" Fire Lane Sign P St I nsta I I ati n of 2013 CBC, 2013 CFC, and 2013 NFPA 72. The alarm plans may be submitted separately from A listed pressure gauge shall be provided at the top of each standpipe. - a � i i 0 °° p,,e ® °°1 - I t it (1 x 18) > > other submittals. Prior to submitting the alarm plans to NBFD, they shall be reviewed by the smoke ® - control design engineer for compliance the smoke control design. The design engineer shall A three inch (3") express drain shall be provided adjacent to each standpipe. The express drain shall contain a two and ® i 1 �° A. Height of the sign: 7' in sidewalk or provide a letter indicating compliance with the Smoke Control Rational Analysis. one-half (2 '/z") inlet at each floor level. The drain shall be clearly R °� °'° i 1 Wall ' , marked "Drain" at each level. The drain is intended to allow testing of the standpipe system. The inspectors test valve s ° ! 1 M pedestrian areas, S in all other areas. a 7271tJT Sequence of Operation: shall be connected to the express drain. x - I i ) 4 S. Distance from front of curb: 18" wi it A. General Alarm °°' i I GutterLine lora standard curb, 24" with rolled curb, (o Activation of a water flow switch, manual fire alarm box, smoke detector, heat detector, or On -Site Water Supply: � °05 - I 1 3 center of post. other fire protection or extinguishing system shall activate the following: A secondary on-site water supply shall be provided. The tank shall be a minimum of 12,000 gallons of usable water or _ . °° ° I n 1. Activation of all audible/visual devices and automatic voice evacuation on the floor the volume of water based on the following equation: D + 100 x 30 = V, whichever is greater. ° ° ° °°fi 1 C. Depth of sign base: �4 mlIumum D = Highest sprinkler demand in GPM calculated area x density) above, floor below, and the floor the initiating device is located g p ( Y) � on InC embedment. 2. Activation of the smoke control system/stairway pressurization V =Gallons of usable water # %% °,2 �, 1 I 3. Activation of the smoke control system for the floor involved, the floor above, and the e ! floor below the floor involved The on-site water supply shall not contain any substance which could damage or affect the efficiency or reliability of the ° 1 NATE: Signs may be m�tirtt�d to an existing °°°°o°�0 � �������\��� \\\\�- . 4. Stairwell doors to unlock (as applicable) fire pump. A swimming pool is not acceptable substitute for the on-site water supply. The tank shall be designed and 1. past or on a building that is no more than 5. Release of all door hold open devices installed per the requirements specified by NFPA 22.M0 ,°°.° ° Y 24 from curb or edge of road surface. 6. Shut dawn heating ventilation air conditioning (HVAC) system 3 a I =:M 7. Closure of all fire and smoke dampers Smoke Control System: � °°°°° 0 8. Alarm to display on the FACP HRBs shall be provided with a smoke control system compliant with CFC Section 909. A Smoke Control/Rational\ \ 4 000000,x °° °°° 9. Alarm to display an the graphic annunciator panel Analysis Report shall be submitted with the architectural plan for NBFD review and approval. The report shall include $o° 0 n 10. Alarm signal to be send to the central station but not limited to the following: 0 ■ Design Method __Q_ I I I I I - J , . FH ¢� IRE LAN B. Elevator Recall ■ Stack Effect Smoke/heat detector activation in any elevator lobby, elevator machine room, or elevator ■ Temperature Effect of Fire EX FH _ �, shaft shall recall the all elevators to the first floor. If the alarm initiates from the first floor the ■ Climate/Wind Effect , ";�0, - END elevatorls shall recall to an alternate floor approved by NBFD. Elevator shutdown is a ■ HVAC System Operation = \f��i 1¢� �F separate function from elevator recall that will need to occur only after completion of elevator ■ Duration of Operation lii�\`-, recall. The elevator shut down shall be initiated upon activation a heat detector or waterflow ■ Design Fire � - SAN CLEMENTE DRIVE FIRE DEPT. initiating device. o Factor Considerations - - - 16 ./8 rz, - i6+00 � //�� EXISTING ACCESS 14+03 LETTERING SHALL BE BOLD, CONDENSED RED ON DRIVE o Separation Distance OWN REFLECTIVE BACKGROUND, (2) INCHES IN HEIGHT. ACCESS C. Duct Detectors ❑ Heat Release Assumptions LETTERING SHALL BE WHITE ON RED REFLECTIVEActivation of HVAC smoke detectors shall initiate the follow: o Sprinkler Effectiveness Assumptions. 2 BACKGROUND, (2) INCHES IN HEIGHT. 1. Shut down HVAC system ■ Detailed System Test Matrix 2. Release all door hold open devices -� 3. Close all smoke dampers NBFD requires the use of a third party inspector for all smoke control system. NBFD will complete the final inspections - 12p4. Shows supervisory alarm on the FACP in conjunction with the third party Ins ector. - 7 I* AS Sl�vw�1 oN PLAN 5. Show alarm type on the graphic annunciator panel SECTION 610 BREATHING AIR REPLENISHMENT SYSTEMS (BARS) _* Ex FH _- 6. Send supervisory alarm signal to the central station END OF FIRE ACCESS 610.1 General. Breathing air replenishment systems shall be installed in accordance with the requirements of SECTION A -A ILLUSTRATION BY MVE & PARTNERS SIGN Smoke Detectors Smoke detectors shall be provided in the following locations: Section 610. A. Elevator Machine Rooms VIEW FROM SAN CLEMENTE DRIVE PAINTED RED CURB DETAILS B. Elevator Lobbies 610.2 Breathing air replenishment systems. All high rise buildings having floors used for human occupancy C. Telephone Equipment Rooms when not provided with sprinklers 482'-D" D. HVAC Systems with X2,000 CFM located more than 55 feet (16,764 mm) above the lowest level of fire department vehicular or personnel access MSL I as determined b the fire code official , or located 55 feet 16,764 mm below the level of fire department 295'-°" 291'-6" PAINT RED 1. In the main return air ( Y ) ( } 11" Mech. Pent. 2. Exhaust air plenum vehicular or personnel access (as determined by the fire code official) shall be equipped with an approved 293'-D„ 1 LGP T,O.R. f 1 482'- 0" �_- -.: 3. At each connection to a vertical duct or riser serving two or more stories from a return breathing air replenishment system for firefighters. The system shall provide an adequate pressurized fresh air TOP1 j_ - - - T 1"; N:.-� - Ski _� air duct or plenum of an air conditioning system _ - yam:, 478- 6" supply through a permanent piping system for the replenishment of self contained breathing air Carried by TOWNHOME UNIT =� , __ _,= - -� Audible Alarm $Voice Evacuation System: firefighters in the performance of their duties. The location of refill stations, installation of the system, and UNIT - - Activation of the audible fire alarm and voice evacuation system shall be as follows: maintenance of BARS shall be in accordance with Newport Beach Fire Department Guideline D.02 Firefighter TDWNHOME UNIT °__-___ ____- -- A. Cycle: Three (3) slow -whoop tones (Temporal Pattern), electrically generated, followed by Breathing Air Replenishment Systems. {E 485' - 6" a taped voice message. A ° dI B. The above cycle shall continue to sound until manually terminated by Fire Department OWNHOM UNIT I personnel. if the voice message fails to operate, the temporal pattern shall continue to nt nt sound until terminated. Section 907.2.13 High-rise buildings and Group 1-2 occupancies having occupied floors located more than 75 feet UNIT I WEDGE CURB C. Unless alternative message is approved by the NBFD, the voice message recording (22,860 mm) above the lowest level of fire department vehicle access is amended to read as follows: UNIT PAINT RED shall state, "Attention, attention: An emergency has been reported in the building. Please 907.2.13 High-rise buildings. All occupancies having floors used for human occupancy located more than 55 feet -., leave the building immediately through the marked exits. Do not use the elevators, use 1 7 4 v f 1 w I level f v i 6 6 mm ab❑ a or more than 55 feet 12 92 mm Belo the Qwest le a of Ire de artment eh cle access as ( ) ( ) p _____ :�_-11_ - = onl the exit stairwells." determined b the fire code official, shall be rovided with an automatic fire alarms stem and a communications stem UNIT =°-,_��-9� D. Speakers shall be provided throughout the structure and set up in paging zones. At a in accordance with 907.2.13.2. All fire protection devices shall be connected to, and operate with the main building fire ,Ac,minimum, the paging zones shall consist of: alarm panel. No building shall have more than one fire alarm panel. UNIT "'``>j - 1. Elevator groups Exceptions: - . 2. Exit stairways 3. Each floor 1. Airport traffic control towers in accordance with Sections 412 and 907.2.22 of the California I UNI r A -, �- f4 4. Areas of refuge Building Code. 1; 1=1I I A. The system shall have a "live voice message" feature that allows broadcasting of live 2• Open parking garages in accordance with Section 406.3 of the California Building Code. UNIT -. -- voice messages through the paging zones on a selective and all -call basis. - . 6" ROLLED CURB 3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1 of the California Building . o 1 Secondary Electrical Power Supply: Code. UNIT PAINT RED A secondary electrical power supply shall be provided. The plan shall show the total load :I -- calculations for both emergency and standby power. If more than one generator is provided 4. Low -hazard special occupancies in accordance with Section 503.1.1 of the California UNIT _ - _ T B" T calculations shall be provided for each. An on-site fuel supply for not less than six hours at the full Building Code. 418'-6" � ..A�- 7 rated power of the generated shall be provided. For a HRB that utilizes electric fire pump(s), eight W---UNM. ��M=.==_ hours of fuel shall be provided. The design shall be in accordance to 2013 CFC, Chapter 34, and f3 9 p 5. In Groups I-2 and R-2.1 occupancies, the alarm shall sound a# a constantly attended location and uvrr _ _ ___ N NFPA 110. general occupant notification shall be broadcast by the emergency voice/alarm communication system. = ' °-- .. L � UNIT _ - ---:._'"°"``" a Emergency power shall be provided within 10 seconds after primary power loss and be provided Section 907.2.19 Deep underground buildings is deleted in its entirety. _ S to the following system: UNIT 395'- 10" ■ A. Exit Signs B. Emergency Lighting Section 907.4 Fire safety functions is amended by adding section 907.4.5 to read as follows: I. { STANDARD CURB C. Elevator Car Lighting 907.4.5 Door release service. All doors within interior service corridors of commercial occupancies shall be equipped } UNIT D. Fire Alarm/Fire Detection Systems with automatic closing devices released by smoke detectors or smoke detection systems. 1. E. Smoke Control System UNIT F. Stairwell ventilation systems Section 907.6.2.2 Emergency voice/alarm communication systems is amended to read as follows: I-{ UNIT 1 907 6 2 2 Emergency voicelalarm communication systems Emergency voice/alarm communication systems UNIT March 8, 2016 CURBS ALONG ACCESS LANES SHALL BE PAINTED OSHA SAFETY RED Standby power shall be provided within 60 seconds after primary power loss and be provided to • . • . the following system: required by this code shall be designed and installed in accordance with NFPA 72. The operation of any automatic fire 1. OR EQUIVALENT. "FIRE LANE NO PARKING" SHALL BE PAINTED ON TOP detector, sprinkler waterllow device or manual fire alarm box shall automatically sound an alert tone followed by voice Newport Beach Fire Department OF CURB IN WHITE LETTERING 3 INCHES HIGH AND SHALL BE SPACED A. Power and lighting for the fire command center B. Electrically power firmUNIT Beccay poee pup instructions giving approved information and directions far a general ❑r staged evacuation in accordance with the I 100 Civic Center Drive 30'-0" ON CENTER OR PORTION THEREOF. building's fire safety and evacuation plans required by Section 404. In high-rise buildings having occupied floors located Newport Beach, CA 92660 more than 55 feet (16,764 mm) above or 55 feet (16,764 mm) below the lowest level of fire department vehicle access UNIT LEGEND the system shall operate on a minimum of the alarming floor, the floor above, and the floor below. Speakers shall be 1. Subject: Combustible Construction Letter, Museum House, Newport Beach, CA. provided throughout the building by paging zones. At a minimum, paging zones shall be provided as follows: UNIT The purpose of this letter is to notify you that Museum House condominiums shall install all required paved ON BUILDINGS- INDICATES AERIAL TRUCK LADDER REACH Ex FH I` EXISTING FIRE HYDRANT 1. Elevator groups fire access roads that meet Newport Beach Fire Department access requirements per the approved plans. UNIT All fire hydrants and water supply for firefighting purposes shall be installed per the approved plans and 2. Exit stairways I; shall meet all fire flaws requirements, prior to any combustible construction materials being delivered for ■ INDICATES APPROXIMATE LOCATION OF KNOX BOX WITH 4 -SETS OF ENTRY FH � PROPOSED FIRE HYDRANT W!3' WIDE CONCRETE UNIT construction. KNOX DOORlGATE KEYS ALL GATES USED FOR FIRE ACCESS WILL BE (MINIMUM) 5' PAD. 3. Each floor BOX WALK-THRU GATE WITH SUB -KEYED KNOX BOX W!3 -SETS OF GATE KEYS OR PARKING ENFORCEMENT LETTER CARD READER. u INDICATES BLUE REFLECTIVE FIRE HYDRANT 4. Areas of refuge as defined in Section 1002.1. KEYS WILL BE PROVIDED FOR: LOCKED POINTS OF INGRESS AT INTERIOR & MARKER. MARKER SHALL BE PLACED 6' FROM CONSTRUCTION NOTES UNIT EXTERIOR POINTS OF BUILDING, TO LOCKED MECHANICAL & ELECTRICAL CENTERLINE OF STREET 5. Dwelling units in apartment houses � UNIT March 8, 2016 ROOMS AND TO ELEVATOR CONTROLS INSTALL FIRE LANE ENTRY SIGN PER NBFD GUIDELINE C.02 AND DETAIL PROPOSED & EXISTING FIRE SIGNAGE �5P PROPOSED WET STAND PIPE LOCATIONS 6. Hotel guest rooms or suites Newport Beach Fire Department 0 INSTALL'NO STOPPING - FIRE LANE' SIGN PER NBFD GUIDELINE C.02 AND DETAIL Exception: In Group 1-2 and R-2.1 occupancies, the alarm shall sound in a constantly attended area and a general 100 Civic Center Drive -- ^ ^ ^ ^ ^ INDICATE515D' HOSE PULL � BUILDING IDENTIFICATION LOCATIONS -12" MIN. TALL, ILLUMINATED �.J PAINT RED CURB RED WITH STENCILED'NO PARKING -FIRE LANE' AT 3d' INTERVALS PER occupant notification shall be broadcast over the overhead page. AMENITY Newport Beach, CA 92660 - - _- _ p 0&VISIBLE FROM FIRE ACCESS DRIVE ■ ■ ■ ■ ■ ■ ■ ■ INDICATES HOSE PULL DEFICIENCY DETAIL Section 907.7.3.2 High-rise buildings is amended to read as follows: Y-= _=_-��-. Re: Museum House, Newport Beach, CA. Parking Enforcement Plan INDICATES PAVED FIRE ACCESS MEETING NEWPORT BEACH FIRE INDICATES PAINT CURB RED WITH WHITEINSTALL "LOADING 1 UNLOADING ONLY" SIGN BY OTHERSCD DEPT. LOAD REQUIREMENTS OF 72,400 LBS STENCIL'NO PARKING FIRE LANE' AT 30' 907.7.3.2 High-rise buildings. In high-rise buildings having occupied floors located more than 55 feet (16,764 mm) �, CD The fire lane parking enforcement plan for the above referenced project is stated as follows: INTERVALS 0 INSTALL KNOX BOX, MOUNTED 4$ ABOVE FINISH SURFACE PUBLIC VIEWABLE SIDE OF above or more than 55 feet (16,764 mm) below the lowest level of fire department vehicle access, a separate zone by C3 BUILDING ENTRY LIMITS OF RESIDENTIAL BUILDING GATE OR BUILDING WITH 4 -SETS OF KEYS floor shall be provided for all of the following types of alarm -initiating devices where provided: All fire lanes within Museum House shall be maintained and in no event shall parking be permitted along any „ 1. Smoke detectors -_ RESMENTIALIGUEST PARKING 0. INSTALL BUILDING ADDRESS SIGN WITH 12 MINIMUM LETTERING. NUMBERS AND LETTERS �_ portion of a street or drive that required fire lanes or any area designated as a fire lane for turn -around or INDICATES NOTA PART OF DRIVABLE FIRE DEPARTMENT ACCESS°u INDICATES NEWPORT BEACH FIRE DEPARTMENT WILL BE OF NON-COMBUSTIBLE MATERIAL. SIGN WILL BE ILLUMINATED AND VISIBLE FROM drive through purposes. _ �,,■ TURNING RADII 2. Sprinkler water -flow devices - RESiDENTIAUGUEST PARKING �"EMERGENCY ACCESS l STREET. I. �?0 7 INSTALL'END OF F.D. DRIVE ACCESS' SIGN PER DETAIL PROVIDED 3. Manual fire alarm boxes .f !- , -- _ _- Museum House onsite management shall adopt reasonable rules and regulations regarding the parking of I 1,=111=111=111=111111= =111=111=111=1111 1=111=1 = 11 + -+ 1=i 1=i-111-111-11, 4 iii -iii; I I �-1 I I I = _ =1 - _ =1 i = _ - - III - I 11 III I I I I III I I III I I I i I I III III I III 11 I 111-11 I -III -1 I f -111-I 11 -II I 111 1 1 MECHIELEVATOR OVERHEAR CORE CORE CORE 'URE CORE CORE CORE CORE CORE CORL CORE CORE CORE CORE CORE CORE CORE CORE CORE CORE CORE CORE CORE CORE CORE CORE V. PIT -�. Roof ' 4 478- 6" TOWNHOM � i UNIT _ Level 25 AV 485' - 6" � OWNHOM N l UNIT I Level 24 W 453' 0" I = ) UNIT r cr Level 23 441'- 2"UNIT I � Y I Level 22 - � 430' 4" . o UNIT = :I � Level 21 UNIT _. ; o 418'-6" � � Level 20 ar I, 406'-B" UNIT I L � ?I Level 19 S = . 395'- 10" ■ UNIT o � t Level 18 w 385'- 0" 0' UNIT 1 = > I Level 17 r � 373' _ 2" IF UNITI 0 � a W Q_ � Level 16 � 362' - 4" { UNIT III1. ku w o Q w Level l5 'u 351' - 6" 0 LU M 0 UNIT o L'�_, Level 14 �� z - w _- 339'-8" UNIT 1 t2 W - '- :I o -n a _ Level 13 ti w M _ . 328'- 10" b o UNIT W W o 11 M Level 12 AV { � w - - 31 8' 0" UNIT I z Z: II Level 11 + m - . 307' - 2" UNIT I o 7 Level 10 111�r� 1 - 296'- 4" UNIT Levels I �- 285'- 6" UNIT t o Level - 274' 8" UNIT 8; ffff1111 Level" +I 263'- 10" � UNIT 1C_ Level6 :I _. 253'-0" r UNIT Q III- LU Levels , - 241'-2" UNIT Q Level �r _• 230'-4" UNIT o 'I Level" 219'- 6" �r� AMENITY � - W Level ,U z 204' - 6" M C AMENITY GARDEN TERRACE Level) %9 1871-01 W LOADING DOCK � M v Pi %-111=i �+ LOAD INGIFIRE ROAD TURNAROUND 173'- 6" , t 1 111-111 -_11-111-- Ifil= t rt it11=it1� 11=71 I fit E1T-� -111-111-1 11=1 11=111-1 1 111-111-I I 1 11 I I I I I I[ -111-111-111=111=111=111-111=f 1-11 I i=1 I I=-� F71 11=111=1 ! 1= P2 163' - 6" 4'9 CI vehicles along the streets, roads and or drives within the project that are not In conflict with applicable law. GE INDICATES GURNEY SIZE ELEVATOR LOCATION 4. Other approved types of automatic fire detection devices or suppression systems - _ _ _ _ - - - - _ _ - _ - - _ _ - _ - 1,1 �1� 1 IT Irl lI I, I I,1, , 1I,lf I,I,TI I,I,Tf TI ISI �,II ice! 11,1, �I I,I, -I 11, �I 11, �I I I, �I I I, �[ [ f, �I f I, �I I, �I 1, �l 1 ]11��1 I JAI lel ISI 1 J�a�]1J�]1J1 I �i jam[ I1. rl 11�11 JAI I J,=1 I If 1, . In furtherance thereof, Museum House onsite management, through its officers, committees and agents will FIRE FLOW PREPARED FOR: 1111i1 CIVIL ENGINEER: PREPARED BY: PLANNING I ARCHITECTURE: Sheet establish the "parking" and "no parking" areas within the property in accordance with Section 22658.2 of the - MUSEUM HOUSE California Vehicle Code and Newport Beach Fire Department standards. The law shall be enforced through � - such rules and regulations by all lawful means, including, written warnings, citing, levying fines and towing N FOR ON-SITE ACCESS ROAD ONLY - FIRE MASTER PLAN vehicles in violation. FIRE FLOW OF 6,000 GPM 14 HOURS WILL BE PROVIDED BY THE PROPOSED WATER FUSCOE MEETING CITY OF NEWPORT BEACH 1900 Main Street, 8th FloorrRELATEa SYSTEM. FIRE DEPARTMi=NT REOUIRi=MENTS Irvine, CA 92614 Museum House onsite management will contract with a certified patrol and towing company to remove HYDRANT SPACING REQUIREMENT IS 250' AVERAGE BETWEEN HYDRANTS PER NEWPORT 18201 Von Karman Avenue5uite 900 E N G I N E E R I N G SOLUTIONS (949) 809-3388 850 SAN CLEMENTE DRIVE vehicles that violate no parking restrictions. First time violators will receive a written warning and with 16795 Van Karman, Suite 100 302 N. EL CAMINO REAL, SUITE 202 p A R T N E R S subsequent violations, the vehicle shall be subject to towing. The vehicle owner shall be responsible for all FIRE DEPARTMENT STANDARD. A MINIMUM OF 6 HYDRANTS SHALL PROVIDE Irvine CA 92612 SAN CLEMENTE, CA 92672 g PROTECTION FOR PROJECT. ECT. Irvine, California 92696 NEWPORTcosts incurred in remedying such violation, including without limitation towing cost, citations and legal fees. T 949.660.7272 tel 949.474.1960 C fax 949.474.5315 BY DATE (949) 240-5911 (949) 240-8291 FAx BEACH Of 1 121 c4 0 N N It0 T 164.50 y L 170 FL G50 172 - '!art _ 17h.66 Q O TG 165 HP PROPERTY 172 ��91 _ ---- // ( FL HP / ---- -------- - U LINE 17a m PROP FH N ROP / ~ U 168.83TC U U CAISSON 3FG PROP STORM PROP `� vwi SETBAC 179 3TW PROP UNDER -1 MAINTENANCE - - DRAIN FOIE STORM DRAIN = HP 176 - - LINE H=10.3' GROUND PUMPI 181.OTW 174• SD SD SD SD SD SD SD SD SD H=13' A FM 1 FM ' FM FM FM FM- A C ru ni 167.49 \ / / 2% FORMER FL 168.50 / I PROP \ / / I CAISSON I I / \ I I 4 I FS I WALL F- - PROP ss_ - - / �o a I STORM .;4 PROPOSED I I BASIN BUILDING BELOW I DRAIN p GRADE I 8'w , 1 47.31 FLS -LP /'� s LL - - - - - - G 180.64 C-04 H=12'� \ / / 2.5FG - _ - TRUCK oo I (. �� 1� TURBELOWUND m 1 I o i SFS e•W2x - s'w - BUILDING PROPOSED FS 10 z z J - OVERHANG ISI I m 5' MIN 1% I 79 7�/ / SETBAC 168.25 I MIN. 167.77 �17176/,j5 17410, FS I I FL -GB ��I • �-• r �r v rrry u'tte'r 180.8TW' �. ; I H=11.7' I - -- --- - - 168.5C �� 168.08 174.5 GI I o FS �� - - - I 5� I FL- C - - - `� PROP N 6" DCDA '� Q 1 4 U PROP I'. PROP - Of I CATCH I POC P ' •2% 1 BASIN o 6TW } 173.2FG� . IQ q a � - � x170.2,3_ I � 169 87 PROPERTY �N .I �, I FL BVC LINE_7 1 1711 SII PROP STORM DRAIN FORCE B MAIN L. / I P V -UL 174.1 FG I 1 I 180.3TW END STORM 0' I H=7.3' DRAIN FORCE I 173 MAIN 87.00FF I C-03 I -ILLL I I I ------ i I CPROP ATCH BASIN 4-15 MODULAR ,WETLAND t PROP 4-15 MODULAR WETLAND 175.O H=1.0'TW 174.OFG PROP ° TRO M DRAIN `175.OTW H=4.0' rn 0 X PR P a4 STORM DRAIN OUTLETS PROP SEWER 170.3 +/g- INV CLEANOUT SS SS u i H=4.7' O 173.40FS 168.6/ 100 M 5' �tA�VIRENANCE PROP CMU � � � � � ASPH• MOTOR COURT ON -PODIUM /10. I - 4% PATH - ss WALL WITH SETBACKS- 178.OTW LINE 175.5FG PLASTER FINISH 50' 184.5TW 5' MIN 184.OFG SETBACK -- S$ 167.6 X 2% 182.5TW 83 1Lq Lq 179 5F 31 C -- -- - - 175 I I 180.00TW` I 176 I H=4 4' 1 0 I I PRO 15' r� 11I WTR ESM_ I 1 177 I I I I I I I I I I 1178= I I I I I 79-- 180-.- 1824- 2% 9180-.-1822% I DD 183 -� -S --------- --1 - o----- --^----- I i 184 134' SS SS SS SS SS SS - -- SS - ---------------- 185 N I QU ---- - I 186 PROPOSED -- 1.2% s'w BIII7BELOW-sw - - GRADE 187 -- PROP 186.79 DIRIVE FS -EVC 6" FIRE 18 PROP CMU - - Y TRENCH TRENCH 00 WATER 188.. - WALL WITH 18 Z U DRAIN PA DRAIN PAI � � DCDA DOMESTIC FS -GB s PLASTER FINISH ° 1.OFG Q I oN o o WATER DCDA } - .182.5TW / PROP PROP I cs Iro 179 5FG & uwi °0° °0° `r 8" SEWER SEWER g N PROPERTY LINE - t, co I I I _ PARKING STRUCTURE 179.5TW H=0.51 F C-03 DDnD rrw 1 H=6.8' 186.37 FL -EVC i 87.8" FI w .-. i� \ � ice. � . . . � ■N I1� as J _ CLEANOUT i FS 12.1 % H==0.50.5'' _ t OP )11110.12FS.5y� G 183 .22Fc 7.6 0 ` G 188.51 I �I 188.93 ��r _ RELOCK FS / MODU R i ov.46 S I 1$3.06F ' / FH ®WETLAND -o `. o ® o o - -/ 6.17% 180.O1TC 182.61TC PROP 4.58% i ! I 188.06TC 2.1 (2.05% / Tfz,w (TC 179.97F ,w 5 9%� ® 182.57FL FH ( PROP STREET -- - J - 188.02FL - _ TREE TYP 179.06FL EX TREE T 5 / �� � EX TREE TO �� 75 188 48TC H 179'5 BE REM0 , 183.95TC BE REMOVED EX FH TO BE 188.44FL U 174-` i / 183.28FL PROP 2" RELOCATED X /6, IRRIGATION WATER ` SAN i 171.4 / SPH. / X69.6 / 17.6 J / 8,55 y( m \ M 1 � � ROBERT A.M. STERN ARCHITECTS 176.5 - s'S s'sS 1-75.4 W � 168.5 � 16+89 78 � ~ `� 16+00 ss LINE 15+00 � s'S s'Ss s• J 181.5 �CS� r ----�-----�--- OCMA 850 San Clemente Drive + P A R T N E R S Newport Beach, CA Alntn• nmainn Pat-4mnn Gihinnt TA f hmnnn FUSCOE E N G I N E E R I N G 16795 Von Korman, Suite 100 Irvine, California 92606 � I - G G AN ---- -� --- -- --- f7 --- 12'W 12'w 189.6 CLE TE 189.4 X 14+ roti G 1 20' 0' 10' 20' SCALE: 1 " = 20' Planning Commission Resolution No. 2033 SITE ADDRESS 850 SAN CLEMENTE DRIVE NEWPORT BEACH, CA 92660 LEGAL DESCRIPTION PARCEL 2 OF THE PARCEL MAP, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 81, PAGES 8 AND 9, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE SAID LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE SAID LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND, AS RESERVED BY THE IRVINE COMPANY IN THE DEED RECORDED FEBRUARY 28, 1977, IN BOOK 12085, PAGE 1561, OF OFFICIAL RECORDS. BASIS OF BEARINGS BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS #6268 AND STATION GPS #6249 BEING NORTH 03°13'27" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. BENCH MARK BENCHMARK DESIGNATION: 3N-56-77 OCPW VERTICAL CONTROL-OCS 1995 ADJUSTMENT ELEVATION: 119.926 FEET (NAVD88) DESCRIPTION FOUND 3-3/4" OCS ALUMINUM BENCHMARK DISK STAMPED "3N-56-77", SET IN THE TOP NORTHERLY CORNER OF A 4.5 FT. BY 8 FT. CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE SOUTHEASTERLY PORTION OF THE INTERSECTION OF JAMBOREE ROAD AND SAN JOAQUIN HILLS ROAD, SET IN THE CENTER MEDIAN FOR SAN JOAQUIN HILLS ROAD, 14 FT. SOUTHEASTERLY OF THE NORTHWESTERLY NOSE OF THE MEDIAN AND 4 FT. NORTHERLY OF THE SOUTHERLY CURB FACE OF THE MEDIAN. MONUMENT IS SET LEVEL WITH THE SIDEWALK. EARTHWORK 45,000CY EXPORT CIVIL ENGINEER ORIANA SLASOR, P.E. FUSCOE ENGINEERING, INC. �o QROFEssroNq` 16795 VON KARMAN, SUITE 100 IRVINE, CA 92606 PHONE: (949) 474-1960 NO. C63451 m FAX: (949) 474-5315 Exp. 09/30/16 M - , 0/�'- ST CIV 11- a�P qTf OF CALIFOR LEGEND - - RIGHT OF WAY/PROPERTY LINE BF BACKFLOW LOT LINE BLDG BUILDING CB CATCH BASIN - CENTER LINE CL CENTER LINE - - - - - - - - - EXISTING EASEMENT DCDA DOUBLE CHECK -DETECTOR --------- PROPOSED WATER EASEMENT ASSEMBLY RETAINING WALL DW DOMESTIC WATER CONTOUR LINES ESMT EASEMENT EX. EXISTING DW- PROPOSED PUBLIC WATER FH FIRE HYDRANT PRIVATE STORM DRAIN LINE FW FIRE WATER DIRECTION OF FLOW L LENGTH MW MODULAR WETLAND W _ EXISTING WATER MAIN P/L PROPERTY LINE - ss EXISTING SEWER MAIN POC POINT OF CONNECTION --Izrr- _ EXISTING STORM DRAIN R RADIUM EXISTING CABLE TV LINE R/W RIGHT OF WAY - CAN - SD STORM DRAIN EXISTING ELECTRIC LINE E UTIL UTILITY - E(TS)- EXISTING TRAFFIC SIGNAL CONDUIT ® TREE EXISTING GAS LINE G_ EXISTING TELEPHONE LINE T _ EXISTING STREET LIGHT CONCEPTUAL GRADING C-01 08/02/2016 GRELATED 1-22 220 210 200 190 F 180 170 160 BLDG SETBACK EX. R/W 15.0' I SETBACK 35 9' I 19 5' i F' SAN CLEMENTE A SCALE: 1 "=10'C-02 SECTIONB SCALE: 1 "=10'C-02 7 200 190 O 170 160 150 ./ EX. BLDG II II ii ii ---------------JI ii I II �I it II ii II �I L — — — J 50' 0 25' 50' SCALE: 1 " = 50' W.M.0NII WALL (5') (28') WALK SOUTHERLY SERVICE DR. EX. GRADE -Zf SECTION C SCALE: 1 "=10' C-02 3 FIRE/DELIVERY TRUCK TURN -AROUND AREA PROP. CAISSON I WALL � EX. GRADE ^ I PROP. I `v" CAISSON WALL u ----------------- \-ROUGH GRADE SURFACE 200 190 O 170 160 C-02 os/oz/zo16 M"" OCMA 850 San Clemente Drive 7� SECTIONS 200 - --- ROBERT A.M. STERN ARCHITECTS EX. BLDG Newport Beach, CA Note: Conceptual Design Package Subject To Change 16795 Von Karman, Suite 100 Irvine, California 92606 tel 949.474.1960 o fax 949.474.5315 PL 190 34,0 I 15.0' FF=187 LEVEL 1 r — — — — >>9 0.25' 10.0' 20.0' .19 PROP. ACCESS ROAD +I �' EX. RET WALL 180 EX.�RADE 7 / FF=173.5 P1 1.2% MIN. i� L� i EX 8"W TO i EX SLOPE ;I BE REMOVED /iIPROP. CAISSON 1 . 5 --�----, WALL L--- -- -_ J FF=163.5 P2 4.0' ROUGH GRADE 160 Q0 2i SURFACE (ASSUMED 1.5:1 ------� - - - - - - - - - -PAD SLOPE) SECTIONB SCALE: 1 "=10'C-02 7 200 190 O 170 160 150 ./ EX. BLDG II II ii ii ---------------JI ii I II �I it II ii II �I L — — — J 50' 0 25' 50' SCALE: 1 " = 50' W.M.0NII WALL (5') (28') WALK SOUTHERLY SERVICE DR. EX. GRADE -Zf SECTION C SCALE: 1 "=10' C-02 3 FIRE/DELIVERY TRUCK TURN -AROUND AREA PROP. CAISSON I WALL � EX. GRADE ^ I PROP. I `v" CAISSON WALL u ----------------- \-ROUGH GRADE SURFACE 200 190 O 170 160 C-02 os/oz/zo16 222 0 T 0 a 0 0 N N N O 01 U O N N co O 6 6 d N U C O U c a� a� w / 0 / 0 / N N U M"" OCMA 850 San Clemente Drive „1'' I �� FUSCOE SECTIONS r.RELATED ERMASA N G I N E E R I N 6 ROBERT A.M. STERN ARCHITECTS + P A R T N E R S Newport Beach, CA Note: Conceptual Design Package Subject To Change 16795 Von Karman, Suite 100 Irvine, California 92606 tel 949.474.1960 o fax 949.474.5315 www.fuscoe.com 222 0 T 0 a 0 0 N N N O 01 U O N N co O 6 6 d N U C O U c a� a� w / 0 / 0 / N N U 190 ii EX. BLDG i I5' MAINTENANCE I I PATH II EX. GRADE it 17 ON 1 Me 170 140 0 I_L � I IL L ---J EX. FS ROUGH GRADE I SURFACE (ASSUMED 1.5:1 SLOPE) II If II II 10.0' 11 FF=187 LEVEL 1 FF=173.5 P1 1� 1.5 I II FF=163.5 P2 1n z � SHORING PAD N SECTION E SCALE: 1 "=10'C-03 200 '---- 200 - PL I EX. BLDG 10.0' 20.0' PROP. ACCESS ROAD 190 34.0' 15.0' ---- 190 FF=187 LEVEL 1 0.25' PROP. RET 2% MIN. MIN. WALL 2 o 1.2% RET WALL I 180 " 180 _ --� II-.... FF=173.5 P1 = EX. GRADE , L — J i EX EX 8"W 170 �BE REMOVOED �/1 I SLOPE III I 170 1.5 FF=163.5 P2 ROUGH GRADE CE 160 -- -- ---�� (A SUAMED 1.5:1 160 - � PAD SLOPE) Z N SECTION F SCALE: 1 "=10'C-03 II II — II EX. BLDG I I II -----------------4 1 1 33' 5' 28' WALK SOUTHERLY SERVICE DR. I I I I I J , II RETAINING II WALL PER II SEPARATE PLAN & PERMIT II II I; 2% II I H I II ,I V1 5' MAINTENANCE PATH 10.0' FF=187 LEVEL 1 EX. PATIO TO BE REMOVED EX. V—DITCH TO REMAINEX. I 2% WA RET I I WALL MI I EX. FS�, n I I I I I I w I I-� ° I I � I I I I I I I r_J_ L J I I I I I I I L_J SECTION D SCALE: 1 "=10' C-03 101�— - 19�iT.LL7 No 170 160 50' 0' 25' 50' SCALE: 1 " = 50' C-03 os/oz/zo16 RMASA M"" OCMA 850 San Clemente Drive moll _ FUSCOE FF=173.5 P1 ■ R E L A T E ID E N G I N E E R I N G I 1.5 Newport Beach, CA Note: Conceptual Design Package Subject To Change 16795 Von Karman, Suite 100 Irvine, California 92606 tel 949.474.1960 ° fax 949.474.5315 o�� www.fuscoe.com \ ROUGH GRADE i FF=163.5 P2 SURFACE (ASSUMED 1.5:1 SLOPE) I L------ -- _ PAD z 1n L SHORING N 101�— - 19�iT.LL7 No 170 160 50' 0' 25' 50' SCALE: 1 " = 50' C-03 os/oz/zo16 RMASA M"" OCMA 850 San Clemente Drive moll _ FUSCOE SECTIONS ■ R E L A T E ID E N G I N E E R I N G ROBERT A.M. STERN ARCHITECTS + P A R T N E R S Newport Beach, CA Note: Conceptual Design Package Subject To Change 16795 Von Karman, Suite 100 Irvine, California 92606 tel 949.474.1960 ° fax 949.474.5315 www.fuscoe.com 12.4 0 Of 0 a ifJ O 0 N N 6� 3 N 0 01U O N N co 6 6 d N U C O U c a� a� w 0 0 N N U 0Q9111 190 180 170 FF=163.5 B2 160 150 200 R 190 LANDSCAPE ON PODIUM FIRE/DELIVERY TRUCK TURN -AROUND AREA FF=168.5 11/— 168.50FS 0.5% 10.0' I 180 EX. GRADE I I 170 I 168.41 FS I I SHORING 160 150 SECTION rG SCALE: 1 "=10' C-04 PROP FINISH 168.25FS SURFACE 2.1% ROUGH GRADE SURFACE 01191 200 LANDSCAPE ON PODIUM FF=187.00 LEVEL 1 190 FIRE/DELIVERY TRUCK TURN -AROUND AREA 180 PROP FINISH FF=173.5 B1 SURFACE 168.54FS 170 —77 z --------—---------------� N FF=163.5 B2 Z ROUGH GRADE \ N SURFACE MAT 160 1.5 2 FOUNDATION 00 150 SECTION H SCALE: 1 "=10' C-04 50' 0' 25' 50' SCALE: 1 " = 50' 0 Of T N O 0 0 N N O� 3 N O I 010 N N O O d O� C O C-04 F 08/02/2016 RMASA MIAE 190 4.0' EX. GRADE _ __ 180 E PROP. CAISSON WALL E N G I N E E R I N G 170 + P A R T N E R S 160 16795 Von Karman, Suite 100 Irvine, California 92606 tel 949.474.1960 o fax 949.474.5315 150 200 LANDSCAPE ON PODIUM FF=187.00 LEVEL 1 190 FIRE/DELIVERY TRUCK TURN -AROUND AREA 180 PROP FINISH FF=173.5 B1 SURFACE 168.54FS 170 —77 z --------—---------------� N FF=163.5 B2 Z ROUGH GRADE \ N SURFACE MAT 160 1.5 2 FOUNDATION 00 150 SECTION H SCALE: 1 "=10' C-04 50' 0' 25' 50' SCALE: 1 " = 50' 0 Of T N O 0 0 N N O� 3 N O I 010 N N O O d O� C O C-04 F 08/02/2016 RMASA MIAE OCMA 850 San Clemente Drive .1111111 W=J11iii, FUSCOE SECTIONS r.RELATED E E N G I N E E R I N G ROBERT A.M. STERN ARCHITECTS + P A R T N E R S Newport Beach, CA Note: Conceptual Design Package Subject To Change 16795 Von Karman, Suite 100 Irvine, California 92606 tel 949.474.1960 o fax 949.474.5315 0 www.fuscoe.com / c E UJ / 0 / 0 / N N U .o LEGEND 20' 0' 10' 20' SCALE: 1 " = 20' EXISTING TREE RIGHT OF WAY/PROPERTY LINE Planning Commission Resolution No. 2033 C-05 os/oz/zo16 RMASA MIAE OCMA 850 San Clemente Drive 1111'I FUSCOE TREE EXHIBIT ■ ELATED E N G I N E E R I N G + P A R T N E R S ROBERT A.M. STERN ARCHITECTS Newport Beach, CA Note: Conceptual Design Package Subject To Change 16795 Von Karman, Suite 100 Irvine, California 92606 tel 949.474.1960 o fax 949.474.5315 www.fuscoe.com 122 LEVEL 1 _ 187'-0" 173' TOP OF WALL H=12' LEVEL P1 173'-6" LEVEL P2 163'-6" FS = 161' ADJACENT PROPERTY ACCESS ROAD I 10'-0" BLDG SETBACK -5'-0"- MIN. SETBACK I I I I I 11811'TP OF WALL H=13' 180' TOP OF WALL H=12' PROP RETAINING WALL 180.8' TOP OF NALL H=11.7' FS =168.25' I li III III i u III III 279'-10" BUILDING EXTENT 314'-10" 200' 177.7' TOP OF WALL 190' H=7.3' 178.5' TOP OF WALL 179.5' TOP OF WALL H=3' H=0.5' Planning Commission Resolution No. 2033 ADJACENT PIMCO PARKING STRUCTURE OUTLINE 25'-0" BLDG SETBACK - SOUTHERN PROPERTY LINE 15-0" MIN. SETBACK ' 187' TOP OF WALL H=6.8' 188.7' TOP OF WALL H=5.9' I 189.5 TOP OF WALL H=0.5' 189.01' FS 188.44' FL STREET CURB SIDEWALK - SAN CLEMENTE DR 180' i 10% MAX SLOPE — — — — — — i M =IID III IIIIII III III III III 0 �I .I III li lil III I u II III ill � III III I _ iiiH-� Ii1 III iiL�H��i1 III i1i III i1i II � III III III III III III IIII'I'lll III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III ::0III III III III III III III III I 200'-0" FIRE ROAD EXTENT - TRANSFORMER 200' 190' GARAGE I SERVICE & LOADING 80'-0" MIN. TURNABOUT DIAMETER 50'-0" PODIUM ABOVE TURNABOUT/LOADING ZONE U z I I M LUJ � U z M FS = 168.25' I ` ME �am manor 4'-0" SETBACK. 34'-0" EAST BLDG SETBACK I, 179.3' TOP OF WALL H=10.3' EASTERN PROPERTY LINE 181' TOP OF WALL H=13' LEVEL 1 187'-0" r' ADJACENT PIMCO PARKING STRUCTURE OUTLINE LEVEL P1 jk -o �o 163'-6" SECTION H SCALE: 1 " = 10' C-04 THE RETAINING WALL IS DESIGNED FOR THE PURPOSE OF MITIGATING THE ELEVATION GRADE DIFFERENCE BETWEEN ADJACENT PROPERTY AND FINISH GRADE ELEVATION OF THE DELIVERY/BACK OF HOUSE AREA. IT ALSO SERVES AS A SCREEN WALL TO PRESERVE AESTHETIC VIEWS OF THE ADJACENT APARTMENT FROM DIRECT LINE OF SIGHT TO THE BACK OF HOUSE OPERATIONS FOR THIS PROJECT SECTION G SCALE: 1 " = 10' C-04 LEVEL 1 187'-0" T EVEL P1 - 173'-6" /EL P2 163'-6" VA OCMA mill RAMSA NP)IE FUSCOE r � ■ts SECTIONS r.RELATED 850 San Clemente [give E N G I N E E R I N G ROBERT A.M. STERN ARCHITECTS Ne pC7r t Beach, CA Nate: Conceptual Design Package Subject To Charge 16795 Von Korman, Suite 100 Irvine, California 92606 tel 949.474.1960 o fax 949-474.53115 + P A R T N E R S www.fuscoe.com VA LEGAL DESCRIPTION: PARCEL 2 OF THE PARCEL MAP, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 81, PAGES 8 AND 9, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE SAID LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE SAID LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND, AS RESERVED BY THE IRVINE COMPANY IN THE DEED RECORDED FEBRUARY 28, 1977, IN BOOK 12085, PAGE 1561, OF OFFICIAL RECORDS. TITLE REPORT: BOUNDARY AND EASEMENTS SHOWN HEREON ARE TICOR TITLE COMPANY ORDER NO. 00254237-988-JP4, DATED AS C JULY 8, 2015, AMENDED: JULY 20, 2015, AMENDMENT NO. 2. THE ITEMS REFERRED TO BELOW ARE EXCEPTIONS TO COVERAGE AS CITED IN SCHEDULE B OF SAID REPORT. OINDICATES EASEMENT PLOTTED HEREON. A PROPERTY TAXES, WHICH ARE A LIEN NOT YET DUE AND PAYABLE, INCLUDING ANY ASSESSMENTS COLLECTED WI1 TAXES TO BE LEVIED FOR THE FISCAL YEAR 2015-2016. B THE LIEN OF SUPPLEMENTAL TAXES, IF ANY. 1 A PERPETUAL AIR OR FLIGHT EASEMENT, SOMETIMES REFERRED TO AS AVIGATION RIGHTS, IN AND TO ALL THE Al SPACE ABOVE THOSE PORTIONS OF PARTICULAR PLANES OR IMAGINARY SURFACES THAT OVERLIE SAID LAND FOR USE BY AIRCRAFT, PRESENT OR FUTURE, FROM OR TO THE ORANGE COUNTY AIRPORT, SAID EASEMENTS AND RIGHTS BEING MORE PARTICULARLY DESCRIBED AND DEFINED IN AND GRANTED TO THE COUNTY OF ORANGE BY DEED SET FORTH BELOW: RECORDING DATE: MARCH 17, 1964 RECORDING NO.: BOOK 6965, PAGE 721, OFFICIAL RECORDS THE PLANES ABOVE WHICH SAID EASEMENT LIES ARE MORE PARTICULARLY DESCRIBED IN SAID DEED AND SHOWN ON A MAP REFERRED TO THEREIN. SURVEYOR'S NOTE: THE EXACT LOCATION OF THE EASEMENT CANNOT BE DETERMINED FROM RECORD INFORMATIOf 2 COVENANTS, CONDITIONS AND RESTRICTIONS AS SET FORTH IN THE DOCUMENT: RECORDING DATE: FEBRUARY 28, 1977 RECORDING NO: IN BOOK 12085, PAGE 1561, OFFICIAL RECORDS OEASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: SOUTHERN CALIFORNIA EDISON COMPANY PURPOSE: UNDERGROUND ELECTRICAL SUPPLY AND COMMUNICATION SYSTEMS RECORDING DATE: MARCH 17, 1977 RECORDING NO: IN BOOK 12108, PAGE 671, OFFICIAL RECORDS AFFECTS: A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. OEASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: CITY OF NEWPORT BEACH PURPOSE: SEWER AND WATER RECORDING DATE: JULY 19, 1977 RECORDING NO: IN BOOK 12296, PAGE 1131, OFFICIAL RECORDS AFFECTS: A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT 5 INTENTIONALLY DELETED. 6 INTENTIONALLY DELETED. 7 INTENTIONALLY DELETED. 8 DISCLOSURE OF ANY OPEN DEEDS OF TRUST OF RECORD. 9 WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT DISCLOSED BY THE PUBLIC RECORDS. 10 ANY RIGHTS OF THE PARTIES IN POSSESSION OF A PORTION OF, OR ALL OF, SAID LAND, WHICH RIGHTS ARE NO1 DISCLOSED BY THE PUBLIC RECORDS. 11 ANY EASEMENTS NOT DISCLOSED BY THE PUBLIC RECORDS AS TO MATTERS AFFECTING TITLE TO REAL PROPERTY WHETHER OR NOT SAID EASEMENTS ARE VISIBLE AND APPARENT. 12 MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION AND/OR BY A CORRECT ALTA/ACSM LAND TITLE SURVEY OF SAID LAND THAT IS SATISFACTORY TO THE COMPANY, AND/OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. BASIS OF BEARINGS: BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS #6268 AND STATION GPS #6249 BEING NORTH 03'13'27" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. DATUM STATEMENT: COORDINATES SHOWN ARE BASED UPON THE CALIFORNIA COORDINATE SYSTEM (CCS83) ZONE VI, 1983 NAD, (2007.00 EPOCH OCS GPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GROUND, UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES MULTIPLY THE GROUND DISTANCE BY 0.99996506. BENCHMARK: BENCHMARK DESIGNATION: 3N-56-77 OCPW VERTICAL CONTROL-OCS 1995 ADJUSTMENT ELEVATION: 119.926 FEET (NAVD88) DESCRIPTION FOUND 3-3/4" OCS ALUMINUM BENCHMARK DISK STAMPED "3N-56-77", SET IN THE TOP NORTHERLY CORNER OF A 4.5 FT. BY 8 FT. CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE SOUTHEASTERLY PORTION OF THE INTERSECTION OF JAMBOREE ROAD AND SAN JOAQUIN HILLS ROAD, SET IN THE CENTER MEDIAN FOR SAN JOAQUIN HILLS ROAD, 14 FT. SOUTHEASTERLY OF THE NORTHWESTERLY NOSE OF THE MEDIAN AND 4 FT. NORTHERLY OF THE SOUTHERLY CURB FACE OF THE MEDIAN. MONUMENT IS SET LEVEL WITH THE SIDEWALK. RECORD DATA REFERENCES: R1 - PARCEL MAP, P.M.B. 81/8-9 R2 - RECORD OF SURVEY 2013-1061, R.S.B. 276/8 /256 22'� 5 20' 0' 10' 20' 40' 80' GRAPHIC SCALE: 1" = 20' an VICINITY MAP NO SCALE LEGEND: AC - ASPHALT CONCRETE FP - FLAGPOLE SLPB - STREET LIGHT PULLBOX SMH - SEWER MANHOLE TVT - TELEPHONE VAULT VT - VENT WM - WATER METER WV - WATER VALVE rlm� BLOCK WALL CONCRETE WALL X FENCE (CHAIN LINK) ° o- FENCE (WROUGHT IRON) FIRE HYDRANT ® GRATED INLET ® HANDICAP PARKING LIGHTPOLE MANHOLE PALM RETAINING WALL 77- SIGN 177.5 X SPOT ELEVATION STREET LIGHT ® VALVE (D TREES MONUMENT & BOUNDARY ESTABLISHMENT NOTES: FD. LEAD, TACK AND TAG "RCE 21687", FLUSH, NO REFERENCE, ACCEPTED AS NW'LY COR. PARCEL 2, P.M.B. 81/8-9 2] FD. 1" I.P. TAGGED "RCE 21687", FLUSH, NO REFERENCE, ACCEPTED AS NE'LY COR. PARCEL 2, P.M.B. 81/8-9. ❑3 FD. 2" PUNCHED BRASS CAP IN CITY OF NEWPORT BEACH WELL MONUMENT PER R1 AND R2, DN 0.8' ❑4 FD. 2" PUNCHED BRASS CAP IN CITY OF NEWPORT BEACH WELL MONUMENT PER R1 AND R27, DN 1.0', S79'22'13'E 0.10' FROM CALCULATED CENTERLINE EC. FD. 2" PUNCHED BRASS CAP IN CITY OF NEWPORT BEACH WELL MONUMENT PER R1 AND R2, DN 1.0', N82'56'22"E 0.06' FROM CALCULATED CENTERLINE BC. F6 ESTAB. BY PRORATION PER R1 TOPOGRAPHY NOTE: INO] DATE I REVISION I CONSTRAINTS MAP THE TOPOGRAPHY SHOWN HEREON IS BY: ROBERT J. LUNG & ASSOCIATES 2832 WALNUT AVENUE, SUITE E TUSTIN, CALIFORNIA 92680 (714) 832-2077 PHOTO DATE: AUGUST 8, 2015 CONTOUR INTERVAL = 1' FEI REFERENCE: of: 850 SAN CLEMENTE DRIVE NEWPORT BEACH, CA 92660 for: THE RELATED COMPANIES 18201 VON KARMAN AVE., SUITE 900 IRVINE, CA 92612 I0 o6 M PREPARED UNDER MY SUPERVISION: �' ' `' 09/04/15 KURT R. TROXELL, L.S. 7854 FUSCOE E N 6 1 N E E R I N 6 16795 Von Karman, Suite 100 Irvine, California 92606 tel 949.474.1960 0 fax 949.474.5315 www.fuscoe.com IK' LAND �O fT KURT R. ROXELL * 7854 DATE: September 4, 2015 SCALE: 1 " = 20' FN: 0622-013CNS.dwg JN: 0622-013-01 DRAWN BY: JBF CHECKED BY: KT SHEET 1 OF 1 122 r 0 I 0 c� 0 V) z 0 n O 1 N N 0 r 0 z i N N i c� z 6= a i 7 I 1 \ \ 1 40 150 154 VIA 160 ------ PARKING ,es —165 PROPERP i i --- --- - - LIN 114 S79'21'58"E it \ r / 155.3 ROBERT A.M. STERN ARCHITECTS 12'W — 13+00 Planning Commission Resolution No. 2033 N N O LL 7 O LEGEND p _o RIGHT OF WAY/PROPERTY LINE a- a_ REQUIRED FIRE HYDRANT SPACING (300') \� PROPOSED FIRE HYDRANT LOCATION 0 N N O, 3 c O O U O J Li -c X O N N co -c X W c O . O O J 2 LL 1 ) d Q1 30' 0' 15' 30' 60' O 7 d SCALE: 1 " = 30' O U c 19 c w V) a- r2 O / N N \ ti 5' MIN SETBACK VESTING TENTATIVE TRACT MAP NO. 17970 --- __ �.- _ IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA n K- -(FOR CONDOMINIUM PURPOSES DO STIC WATER co EX. Fiq TO BE RELOCATED PROP DRIVEWAY W=20' — EXISTING EASEMENTS (TO BE ABANDONED/QUITCLAIMED) OEASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: SOUTHERN CALIFORNIA EDISON COMPANY PURPOSE: UNDERGROUND ELECTRICAL SUPPLY AND R/W COMMUNICATION SYSTEMS RECORDING DATE: MARCH 17, 1977 RECORDING NO: IN BOOK 12108, PAGE 671, OFFICIAL CATCH BASIN RECORDS AFFECTS: A PORTION OF SAID LAND AS MORE THE RELATED COMPANIES PARTICULARLY DESCRIBED IN SAID 25.2' 12.5' 26' DOCUMENT. FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL OEASEMENT(S) THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: CITY OF NEWPORT BEACH PURPOSE: SEWER AND WATER RECORDING DATE: JULY 19, 1977 RECORDING NO: IN BOOK 12296, PAGE 1131, OFFICIAL CONTACT: STEVEN OH RECORDS AFFECTS: A PORTION OF SAID LAND AS MORE G PARTICULARLY DESCRIBED IN SAID IEX. PARKWAY DOCUMENT riaininiy wiiniiisswn f�Cs�iuuun IVV. LVJJ SPN SITE O� BIG CANYON COUNTRY pp�0 u0 CLUB SAN CLE ENTE DR co Of FOUR Q SEASONS �F QHOTEL m s NEWPORT O FASHION BEACH p ISLAND FLS COUNTRY CLUB w LOCATION MAP NTS GENERAL NOTES 1. EXISTING LAND USE: ORANGE COUNTY MUSEUM OF ART 2. PROPOSED LAND USE: CONDOMINIUMS 3. SEWAGE DISPOSAL SERVICE IS PROVIDED BY CITY OF NEWPORT BEACH 4. WATER SERVICE IS PROVIDED BY CITY OF NEWPORT BEACH 5. THERE ARE NO AREA'S SUBJECT TO INUNDATION OR STORMWATER OVERFLOW. AREAS GROSS AREA = 86,942 SF (2.00 AC) LOT 1 RESIDENTIAL CONDOS = 86,942 SF (2.00 AC) FLOOD ZONE THIS PROPERTY IS IN ZONE "X" OF THE FLOOD INSURANCE RATE MAP, MAP NO. 06059C0382J, PANEL DATED DECEMBER 3, 2009. OWNER LEGEND RIGHT OF WAY/PROPERTY LINE OCMA URBAN HOUSING, LLC LOT LINE EX. BACKFLOW CENTER LINE R/W — — EXISTING EASEMENT SUBDIVIDER — — PROPOSED WATER EASEMENT 35.2' 38.5' RETAINING WALL CATCH BASIN � CONTOUR LINES CENTER LINE THE RELATED COMPANIES PROPOSED PUBLIC WATER 25.2' 12.5' 26' 26' 18201 VON KARMAN AVE., SUITE 900 DIRECTION OF FLOW ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 81, EXISTING WATER MAIN IRVINE, CA 92612 — EXISTING SEWER MAIN 8.5' 4' — EXISTING STORM DRAIN PHONE: (949) 660-7272 EXISTING CABLE TV LINE E _ EXISTING ELECTRIC LINE CONTACT: STEVEN OH — EXISTING TRAFFIC SIGNAL CONDUIT � EXISTING GAS LINE G GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, IEX. PARKWAY EXISTING TELEPHONE LINE — T _ — — — EX. WALK EXISTING STREET LIGHT PROP. P / L CIVIL ENGINEER AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS, INCLUDING THE BLDG RADIUM RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER R/W RIGHT OF WAY THAN THE SAID LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH ORIANA SLASOR, P.E. OR ACROSS THE SUBSURFACE OF THE SAID LAND AND TO BOTTOM SUCH SD FUSCOE ENGINEERING, INC. QROFESS/Oh& SAN CLEMENTE KA UTILITY 16795 VON KARMAN, SUITE 100 �O RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR IRVINE, CA 92606 h SCALE: 1 "=20' PHONE: (949) 474-1960 N0. C63451 m FAX: (949) 474-5315 Ld Exp. 09/30/16 rn FEBRUARY 28, 1977, IN BOOK 12085, PAGE 1561, OF OFFICIAL RECORDS. BASIS OF BEARINGS SP _ civil- ivil PARKINS STRUGTURE G - iz•w iz•w — O/ LEGEND — — RIGHT OF WAY/PROPERTY LINE SITE ADDRESS LOT LINE BF BACKFLOW CENTER LINE — — — — — — — — — EXISTING EASEMENT — — — — — — — — — PROPOSED WATER EASEMENT RETAINING WALL CATCH BASIN � CONTOUR LINES CENTER LINE — DW- PROPOSED PUBLIC WATER DOMESTIC WATER PRIVATE STORM DRAIN LINE ESMT DIRECTION OF FLOW ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 81, EXISTING WATER MAIN — ss — EXISTING SEWER MAIN --lzrr — EXISTING STORM DRAIN CATV EXISTING CABLE TV LINE E _ EXISTING ELECTRIC LINE — E(TS) — EXISTING TRAFFIC SIGNAL CONDUIT EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL EXISTING GAS LINE G GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, L EXISTING TELEPHONE LINE — T _ MODULAR WETLAND EXISTING STREET LIGHT 20' 0' 10' 20' 40' SCALE: 1 " = 20' BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS #6268 AND STATION GPS #6249 BEING NORTH 03°13'27" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. BENCH MARK BENCHMARK DESIGNATION: 3N-56-77 OCPW VERTICAL CONTROL—OCS 1995 ADJUSTMENT ELEVATION: 119.926 FEET (NAVD88) DESCRIPTION FOUND 3-3/4" OCS ALUMINUM BENCHMARK DISK STAMPED "3N-56-77", SET IN THE TOP NORTHERLY CORNER OF A 4.5 FT. BY 8 FT. CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE SOUTHEASTERLY PORTION OF THE INTERSECTION OF JAMBOREE ROAD AND SAN JOAQUIN HILLS ROAD, SET IN THE CENTER MEDIAN FOR SAN JOAQUIN HILLS ROAD, 14 FT. SOUTHEASTERLY OF THE NORTHWESTERLY NOSE OF THE MEDIAN AND 4 FT. NORTHERLY OF THE SOUTHERLY CURB FACE OF THE MEDIAN. MONUMENT IS SET LEVEL WITH THE SIDEWALK. Iso SITE ADDRESS BF BACKFLOW 850 SAN CLEMENTE DRIVE NEWPORT BEACH, CA 92660 BLDG BUILDING CB CATCH BASIN CL CENTER LINE LEGAL DESCRIPTION DW DOMESTIC WATER PARCEL 2 OF THE PARCEL MAP, IN THE CITY OF NEWPORT BEACH, COUNTY OF ESMT EASEMENT ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 81, PAGES 8 AND 9, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF EX. EXISTING SAID COUNTY. FH FIRE HYDRANT FW FIRE WATER EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, L LENGTH GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, MW MODULAR WETLAND THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN P / L PROPERTY LINE AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS, INCLUDING THE R RADIUM RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER R/W RIGHT OF WAY THAN THE SAID LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE SAID LAND AND TO BOTTOM SUCH SD STORM DRAIN WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER UTIL UTILITY AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR ® TREE MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND, AS RESERVED BY THE IRVINE COMPANY IN THE DEED RECORDED FEBRUARY 28, 1977, IN BOOK 12085, PAGE 1561, OF OFFICIAL RECORDS. BASIS OF BEARINGS BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS #6268 AND STATION GPS #6249 BEING NORTH 03°13'27" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. BENCH MARK BENCHMARK DESIGNATION: 3N-56-77 OCPW VERTICAL CONTROL—OCS 1995 ADJUSTMENT ELEVATION: 119.926 FEET (NAVD88) DESCRIPTION FOUND 3-3/4" OCS ALUMINUM BENCHMARK DISK STAMPED "3N-56-77", SET IN THE TOP NORTHERLY CORNER OF A 4.5 FT. BY 8 FT. CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE SOUTHEASTERLY PORTION OF THE INTERSECTION OF JAMBOREE ROAD AND SAN JOAQUIN HILLS ROAD, SET IN THE CENTER MEDIAN FOR SAN JOAQUIN HILLS ROAD, 14 FT. SOUTHEASTERLY OF THE NORTHWESTERLY NOSE OF THE MEDIAN AND 4 FT. NORTHERLY OF THE SOUTHERLY CURB FACE OF THE MEDIAN. MONUMENT IS SET LEVEL WITH THE SIDEWALK. Iso ROBERT A.M. STERN ARCHITECTS PBD,Co Pamela Burton & Company Landscape Architecture OCMA 850 San Clemente Drive Newport Beach, CA Note: n Packaae Subiect To Chan LEGEND CONCRETE DRIVEWAY AND MAINTENANCE PATH NATURAL GRAY INTEGRALLY COLORED • 4 DECORATIVE CONCRETE TYPE 1 - VEHICLE RATED I/ � ,/ � % 1� ,/ , INTEGRALLY COLORED v, p- v, p- v, a- v, A_ o ° v,'vk °k °h v DECORATIVE CONCRETE TYPE 2 - GARDEN WALK h , h , h °°°°°°° STONE ACCENT PAVERS :::::::::: :: NEW CONCRETE SIDEWALK AND DRIVEWAY APRON IN RIGHT OF WAY WATER FEATURE SYNTHETIC TURF DOG RUN 0 0 PERIMETER PODIUM LEVEL ORNAMENTAL METAL FENCE WITH PILASTERS, 6'-0" HIGH MAX. II II II II II II II II II II II II II II II II II II II II II II II II �a Lia LH JL 11 11 11 i� 0 Ell GARDEN TRELLIS 16'-0" HIGH, IPE WOOD WITH PLASTER COLUMNS MONUMENT SIGNAGE (SEE NOTE BELOW) PLANTING AREA NOTES 1. ENTRY MONUMENT SIGNAGE: ALL PROPOSED SIGNAGE SHALL COMPLY WITH CITY STANDARD 110-L AND MUNICIPAL CODE 20.30.130, TYP. 2. REFER TO CIVIL SHEET C-01 FOR ALL SITE WALL HEIGHTS AND MATERIALS 0' 20' 40' 80' 160' 1" = 20'-0" HARDSCAPE PLAN - GROUND FLOOR Planning Commission Resolution No. 2033 PROJECT TRUE NORTH NORTH ,: 10/12/2016 rl :4 =1 WA!L% 9 =1 L1.0 131 nTA I M n T!1 LEVEL 2 ROOF TERRACES t � � ROBERT A.M. STERN ARCHITECTS PBD,Co Pamela Burton & Company Landscape Architecture OCMA 850 San Clemente Drive Newport Beach, CA Note: n Packaae Subiect To Chan TRELLIS, PER ARCHITECT, 12" HEIGHT STAIRS TO PODIUM LEVEL Planning Commission Resolution No. 2033 LEGEND +-j .......... ;; STRUCTURE PAVERS _ __ _ _____ __ __ __ __ ____ _________ _ __ TYPE 1 - - - - - - ON STRUCTURE PAVERS _---_---_-_- TYPE 2 0' 16' 32' 64' 188' 1" = 16'-0" HARDSCAPE PLAN - ROOF GARDENS WATER FEATURE PLANTING AREA PROJECT TRUE NORTH NORTH ,: 10/12/2016 L1.1 2-S2 7 1 JAA � ROBERT A.M. STERN ARCHITECTS PBD,Co Pamela Burton & Company Landscape Architecture OCMA 850 San Clemente Drive Newport Beach, CA Note: Concentual Desian Packaae Subiect To Chan RKING STRU�TURE PA HEIGHT OF PLANTS 4 -LIMITED U!�L_AREA 2'. TYP. ,> Planning Commission Resolution No. 2033 PLANT SCHEDULE TREES BOTANICAL NAME COMMON NAME PALM TREE: Butia capitata Pindo Palm Brahea armata Blue Hesper Palm Chamaerops humilis Mediterranean Fan Palm ❑0 000 00000000 0 0 0 o o 0 0 0 0 0 0 °000000000 I� J l GROUND -LEVEL GARDENS SHRUB MIX ewewewewe NOTE: ON • - M*KS "M Nm— ael I N m I q 91 am - -.1 *A STREETSCAPE AND BUFFER SHRUB MIX u NOTES ORNAMENTAL TREES: Arbutus x Marina Marina Strawberry tree Citrus Lemon, Orange, Grapefruit Magnolia grandiflora 'Little Gem' Dwarf Southern Magnolia Olea europaea Olive Pyrus calleryana 'Aristocrat' Aristocrat Pear ACCENT EVERGREEN TREE: Cupressus sempervirens EVERGREEN CANOPY TREE: Pinus piney Schinus molle STREET TREE: (SEE NOTES BELOW) Ficus rubiginosa EXISTING STREET TREE (TO BE REMOVED) Agave attenuate 'Kara's Stripes' Coprosma repens 'Marble Queen' Dietes bicolor Dymondia margaretae Lavandula dentata ' Goodwin Creek Gray' Pennisetum x 'Fairy Tails' Pittosporum crassifolium 'Nana' Rosmarinus officinalis ' Huntington Carpet Asparagus densiflorus Echium candicans Muhlenbergia rigens Salvia x 'Bee's Bliss' Westringia fruticosa 'Morning Light' Juncus patens 'Elk Blue Arctostaphylos uva-ursi 'Point Reyes' Carex pansa Ceanothus griseus horizontalis 'Yankee Point' Festuca Hybrid Italian Cypress Italian Stone Pine California Pepper Tree Rusty Leaf Fig Agave Marble Queen Mirror Plant Fortnight Lily Dymondia Goodwin Creek Gray Lavender Fountain Grass Karo Pittosporum Huntington Carpet Rosemary Asparagus fern Pride of Madeira Deer Grass Sage Morning Light Coast Rosemary California Grey Rush Kinnikinnick Sanddune Sedge California Lilac Marathon II 1. LANDSCAPE DESIGN IS TO COMPLY WITH CITY OF NEWPORT BEACH WATER EFFICIENT LANDSCAPE ORDINANCE (MBMC 14.17) 2. ALL EXISTING STREET TREES TO BE REMOVED AND REPLACED. ALL NEW STREET TREES SHALL BE MIN. 36" BOX SIZE. FINAL LOCATIONS PER MUNICIPAL OPERATIONS DEPARTMENT. 3. ENTRY MONUMENT SIGNAGE: ALL PROPOSED SIGNAGE SHALL COMPLY WITH CITY STANDARD 110-L AND MUNICIPAL CODE 20.30.130, TYP. 0' 20' 40' 80' 160' 1" = 20'-0" PLANTING PLAN - GROUND FLOOR PROJECT TRUE NORTH NORTH ,: 10/12/2016 rl :4 =1 WAi% 9 =1 L2.0 1 Is LEVEL 2 ROOF TERRACES M �L, 4- l 0 njailaL ROBERT A.M. STERN ARCHITECTS PBD,Co Pamela Burton & Company Landscape Architecture OCMA 850 San Clemente Drive Newport Beach, CA Note: Conceptual Desian Packaae Subiect To Ch PLANTING AREA, 70 SF PLANT SCHEDULE BOTANICAL NAME Planning Commission Resolution No. 2033 COMMON NAME ORNAMENTAL TREE: Olea europaea Olive (D Laurus nobilis Sweet Bay Arbutus marina Marina Strawberry Tree oco HEDGE: Ligustrum texanum Texas Privet Ficus nitida Indian Laurel Fig Prunus caroliniana compacta Cherry Laurel A ® ® VINE: Bougainvillea N.C.N. Solandra maxima Cup -of -Gold -Wine ROOF GARDENS SHRUB MIX BOTANICAL NAME COMMON NAME Ajuga reptans 'Atropurpurea' i Anigozanthos flavidus 'Bush Ranger' 600 sf Coprosma repens 'Marble Queen' Correa alba Dietes bicolor NOTES Gaura lindheimeri Helleborus foetidus Bronze Ajuga Kangaroo Paw Marble Queen Mirror Plant White Correa Fortnight Lily White Gaura Bearsfoot Hellebore Lavandula dentata 'Goodwin Creek Gray' Goodwin Creek Gray Lavender Ophiopogon plan iscapus 'Nigrescens' Black Mondo Grass Pittosporum crassifolium 'Nana' Karo Pittosporum Rosmarinus officinalis 'Huntington Carpet' Huntington Carpet Rosemary 1. LANDSCAPE DESIGN IS TO COMPLY WITH CITY OF NEWPORT BEACH WATER EFFICIENT LANDSCAPE ORDINANCE (MBMC 14.17) 0' 16' 32' 64' 128' 1/16" = 1'-0" PLANTING PLAN - ROOF GARDENS PROJECT TRUE NORTH NORTH k5 10/12/2016 1-2.1 r. ELATED IS4- PBO'co PAMELA BURTON & COMPANY LANDSCAPE ARCHITECTURE z P rw"M".' Y : a�� i '_� ;t rl��lf�lr➢ ri ®f�ufi3�lir,'' d :. ,.r r� ' SANTA MARIA DRIVE ,1 SAN CLEMENTE DRIVE ORANGE COUNTY MUSEUM OF ART RESIDENCES OCTOBER �2, 20�6 Planning Commission Resolution No. 2033 LEGEND GROUND LEVEL OENTRY DRIVE &GATE HOUSE OWATER FEATURE ODROP OFF OD GARAGE ENTRY/EXIT OVALET PARKING OTEMPORARY PARKING (A) LAWN HO GARDEN TRELLIS OI OLIVE ALLEE OFOUNTAIN PLAZA OK SCULPTURE GARDEN OL DOG RUN OBUFFER LANDSCAPE �j SIGNAGE QO LOADING DOCK OSERVICE �f P rw"M".' Y : a�� i '_� ;t rl��lf�lr➢ ri ®f�ufi3�lir,'' d :. ,.r r� ' SANTA MARIA DRIVE ,1 SAN CLEMENTE DRIVE ORANGE COUNTY MUSEUM OF ART RESIDENCES OCTOBER �2, 20�6 Planning Commission Resolution No. 2033 LEGEND GROUND LEVEL OENTRY DRIVE &GATE HOUSE OWATER FEATURE ODROP OFF OD GARAGE ENTRY/EXIT OVALET PARKING OTEMPORARY PARKING (A) LAWN HO GARDEN TRELLIS OI OLIVE ALLEE OFOUNTAIN PLAZA OK SCULPTURE GARDEN OL DOG RUN OBUFFER LANDSCAPE OPROJECT SIGNAGE QO LOADING DOCK OSERVICE TURN AROUND UPPER LEVELS OINFINITY EDGE POOL OTRELLIS - CABANA OTRELLIS -DINING AREA OOUTDOOR LIVING SPACE SCALE: 1/16" = V-0" I -S5 Planning Commission Resolution No. 2033 EXHIBIT "G" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Site Development Review Conditions 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The site development review authorizes the approval of a 100 -unit condominium development as specified in the adopted Planned Community Development Plan. 3. The project shall adhere to the development standards established in the amended PC -19 (San Joaquin Plaza Planned Community Development Plan) for the project site. 4. The applicant shall comply with all project design features, mitigation measures, and standard conditions contained within the approved mitigation monitoring reporting program (MMRP) of EIR SCH No. 2016021023 for the project. 5. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 6. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this approval. 7. A copy of the Resolution, including these conditions of approval shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the project file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Site Development Review and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 9. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 29 of 42 10. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the new dwelling units (currently $1,748.00 per new additional dwelling unit) in accordance with NBMC Chapter 15.38. The applicant shall be credited for the reduction in commercial square footage and the remaining balance shall be charged or credited to the applicant. 11. Prior to the issuance of building permits, San Joaquin Transportation Corridor Fees shall be paid for the new dwelling units (currently $2,398.00 per new additional dwelling unit). The applicant shall be credited for the reduction in commercial square footage and the remaining balance shall be charged or credited to the applicant. 12. Prior to the issuance of building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division demonstrating compliance with the requirements of NBMC Chapter 14.17 (Water -Efficient Landscaping Ordinance). 13. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Replacement street trees shall be a minimum 36 -inch box and shall be replaced at the applicant's cost. 14. Prior to the issuance of building permits, the applicant shall submit a valet parking and management plan subject to the review and approval by the City Traffic Engineer and the Planning Division. 15. The parking structure will be valet operated by parking attendants. 16. The guard house shall be manned 24 hours a day and turnaround shall be provided on-site, when necessary, with direction from parking attendants. The turn around may be provided within the motor court, behind the main entrance gates. 17. Prior to the issuance of building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. 18. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The final design of the trash enclosure shall be subject to the review and approval of Community development Director prior to the issuance of building permits. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 30 of 42 19. The exterior of the property shall be maintained free of litter and graffiti at all times. The homeowner's association shall provide for daily removal of trash, litter, debris, and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 20. The homeowner's association shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of NBMC Title 14, including all future amendments (including Water Quality related requirements). 21. All proposed signs shall be in conformance with an approved Comprehensive Sign Program for the project site and provisions of NBMC Chapter 20.42 (Signs). 22. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 23. During construction activities, the project applicant shall allow representatives of cultural organizations, including Native American tribes (i.e., Gabrieleno Band of Mission Indians), to access the project site on a volunteer basis to monitor grading and excavation activities. Representatives shall follow all site safety and security protocols. 24. Prior to the issuance of building permits, the Planning Commission shall review the final exterior building materials, landscaping, and resident site amenities for substantial conformance with the project plans as approved. 25. 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 Museum House Residential Project including, but not limited to, the General Plan Amendment No. GP2015-001, Planned Community Development Plan No. PC2015-001, Site Development Permit No. SD2016-001, Tentative Tract Map No. NT2016-001, Traffic Study No. TS2015-004, Development Agreement No. DA2016-001, certification of Environmental Impact Report No. ER2016- 002. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 31 of 42 incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department Conditions 26. Provide on-site fire hydrants and mains capable of supplying the required fire flow. See NBFD Guideline B.01 for determination of fire flow. The number of fire hydrants will also be determined by the required fire flow for the structure. CFC Sec. 507.5.1 27. Effective emergency responder radio coverage (800 MHz) will be required and shall comply with Newport Beach Fire Department Guideline & Standards D.05 Public Safety Radio System Coverage. CFC Sec. 510.1 28. One (1) Gurney sized elevator with phase I recall will be required as per California Building Code (CBC) Sec. 3002.4a. 29. In buildings with an occupied floor more than 120 feet above the lowest level of Fire Department vehicle access, no fewer than two fire service access elevators, or all elevators, whichever is less, shall be provided in accordance with Section 3007. Each fire service access elevator shall have a capacity of not less than 3500 pounds. CBC Sec. 403.6.1. Only one (1) fire service access elevator shall be required to provide Gurney access. 30. The fire service access elevator shall open into a fire service access elevator lobby. CBC Sec. 3007.7. 31. The fire service access elevator lobby shall have direct access from the enclosed elevator lobby to a smokeproof enclosure complying with Section 909.20. Exception: Access to a smokeproof enclosure shall be permitted to be through a protected path of travel that has a level of fire protection not less than the elevator lobby enclosure. The protected path shall be separated from the enclosed elevator lobby through an opening protected by a smoke and draft control assembly in accordance with Section 716.5.3. 32. Actuation of any building fire alarm -initiating device shall initiate Phase I emergency recall operation on all fire service access elevators in accordance with California Code of Regulations, Title 8, Division 1, Chapter 4 Subchapter 6, elevator Safety Orders. CFC Sec. 3007.2 33. The fire service access elevator lobby shall be enclosed with a smoke barrier having a fire -resistance rating of not less than 1 hour, except that lobby doorways shall comply with Section 3007.7.3. CBC Sec. 3007.7.2 34. Other than the door to the hoistway, each doorway to a fire service access elevator lobby shall be provided with a 3/4 hour fire door assembly complying with section 716.5. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 32 of 42 The fire door assembly shall also comply with the smoke and draft control door assembly requirements of Section 716.5.3.1 with the UL 1784 test conducted without the artificial bottom seal. CBC Sec. 3007.7.3 35. The enclosed fire service access elevator lobby shall be not less than 150 square feet in area with a minimum dimension of 8 feet. CBC Sec. 3007.7.4 36. The following features serving each fire service access elevator shall be supplied by both normal power and Type 60/Class 2/ Level 1 standby power: a. Elevator equipment. b. Elevator hoistway lighting. c. Elevator machine room ventilation and cooling equipment. d. Elevator controller cooling equipment. CBC Sec. 3007.9 37. Wires or cables that are located outside of the elevator hoistway and machine room and that provide normal or standby power, control signals, communication with the car, lighting, heating, air condition, ventilation and fire -detecting systems to fire service access elevators shall be protected by construction having a fire -resistance rating of not less than 2 hours, or shall be circuit integrity cable having a fire -resistance rating of not less than 2 hours. CBC Sec. 3007.9.1 38. A class I standpipe hose connection in accordance with Section 905 shall be provided in the interior exit stairway and ramp having direct access from the fire service access elevator lobby. CBC Sec. 3007.10 39. The exit enclosure containing the standpipe shall have access to the floor without passing through the fire service access elevator lobby. CBC Sec. 3007.10.1 40. Building and structures shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and a secondary water supply where required by Section 903.3.1.1 and a secondary water supply where required by Section 903.3.5.2. A sprinkler water -flow alarm -initiating device and a control valve with a supervisory signal -initiating device shall be provided at the lateral connection to the riser for each floor. CBC Sec. 403.3 41. Redundant fire pump systems shall be required for high-rise buildings having an occupied floor more than 200 feet above the lowest level of Fire Department vehicle access. Each fire pump system shall be capable of automatically supplying the required demand of the automatic sprinkler and standpipe systems. CBC Sec. 403.3.2.1 42. An automatic secondary on-site water supply having a usable capacity of not less than the hydraulically calculated sprinkler demand including the hose stream requirement shall be provide for high-rise buildings and Group 1-2 occupancies having occupied floor located more than 75 feet above the lowest level of Fire Department vehicle access assigned to Seismic Design Category C, D, E, or F as determined by the 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 33 of 42 California Building Code. The secondary water supply shall have duration of not less than 30 minutes as determined by the occupancy hazard classification in accordance with NFPA 13, whichever is greater. CFC Sec. 903.3.5.2 43. Required fire pumps shall be supplied by connections to no fewer than two water mains located in different streets. For purposes of this project, a water main off of San Clemente Drive and a second water main off of the project's access lane located along the east edge of the property satisfy this requirement. Separate supply piping shall be provided between each connection to the water main and the pumps. Each connection and the supply piping between the connection and the pumps shall be sized to supply the flow and pressure required for the pumps to operate. CBC Sec. 403.3.2 44. Fire pumps shall be located in rooms that are separated from all other areas of the building by 2 -hour fire barriers constructed in accordance with Section 797 or 2 -hour horizontal assemblies constructed in accordance with section 711, or both CFC Sec. 913.2.1 45. Engine -driven fire pumps and electric drive fire pumps supplied by generators shall both be provided with an on -premises fuel supply, sufficient for not less than 8 -hour full -demand operation at 100 percent of the rated pump capacity in addition to all other required supply demands in accordance with Sections 9.6 and 11.4.2 of NFPA 20 and this section. CFC Sec. 913.2.1 46. Area smoke detectors shall be provided in accordance with this section. Smoke detectors shall be connected to an automatic fire alarm system. The activation of any detector required by this section shall activate the emergency voice/alarm communication system in accordance with Section 907.5.2.2. In addition to smoke detectors required by Sections 907.2.1 through 907.2.1-0, smoke detectors shall be located as follows: a. In each mechanical equipment, electrical, transformer, telephone equipment or similar room which is not provided with sprinkler protection. b. In each elevator machine room and in elevator lobbies. CFC Sec 907.2.13.1.1 47. Smoke detectors listed for use in air duct systems shall be provided in accordance with this section and the California Mechanical Code. The activation of any detector required by this section shall initiate a visible and audible supervisory signal at a constantly attended location. CFC Sec. 907.2.13.1.2 48. A fire alarm system shall be provided in accordance with Section 907.2.13. CBC Sec. 403.4.3 49. Smoke detectors will be required for the individual dwelling units as per CFC Sec. 907.2.11.2. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 34 of 42 50. A high-rise building shall be equipped with a standpipe system as required by CFC Section 905.3. CBC Sec. 403.4.3 51. An emergency voice/alarm communication system shall be provided with a fire command center for fire department operations. CFC Sec. 911.1 52. The location and accessibility of the fire command center shall be approved by the fire chief. The fire command center shall be located at the perimeter of the structure and accessible from the fire access roadway. CFC Sec. 911.1.1 53. The fire command center shall be separated from the remainder of the building by not less than a 1 -hour fire barrier constructed in accordance with Section 707 or horizontal assembly constructed in accordance with Section 711, or both. CFC Sec. 911.1.2 54. The fire command center shall be a minimum of 200 square feet with a minimum dimension of 10 feet. CFC Sec. 911.1.3 55. A layout of the fire command center and all features required by this section to be contained therein shall be submitted for approval prior to installation. CFC Sec. 911.1.4 56. The fire command center shall comply with NFPA 72 and shall contain the following features: a. The emergency voice/alarm communication system control unit. b. The fire department communications system. c. Fire alarm system zoning annunciator panel required by CFC Section 907.6.3.3. d. Annunciator unit visually indicating the location of the elevators and whether they are operational. e. Status indicators and controls for air distribution systems. f. The fire-fighter's control panel required by CFC Section 909.16 for smoke control systems installed in the building. g. Controls for unlocking stairway doors simultaneously. h. Sprinkler valve and water flow detector display panels. L Emergency and standby power status indicators. j. A telephone for Fire Department use with controlled access to the public telephone system k. Fire pump status indicators. I. Schematic building plans indicating the typical floor plan and detailing the building core, means of egress, fire protection systems, fire -fighting equipment and fire department access and the location of fire walls, fire barriers, fire partitions, smoke barriers and smoke partitions. m. An approved Building Information Card that contains all items listed in CFC Sec. 911.1 (13). n. Work table. o. Generator supervision devices, manual start and transfer features. p. Public address system, where specifically required by other sections of this code. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 35 of 42 q. Elevator fire recall switch in accordance with California Code of Regulations, Title 8, Division1, Chapter 4, Subchapter 6, Elevator safety Orders. r. Elevator emergency or standby power selector switch, where emergency or standby power is provided. s. A master switch for unlocking elevator lobby doors permitted by Section 1008.1.4.6. CFC Sec. 911.1.5 57. The fire command center shall be provided with an independent ventilation or air- conditioning system. CFC Sec. 911.1.6 58. Emergency power outlets are required as per Newport Beach Fire Department Amendment to the California Fire Code. Amendment states: Provided and install electrical outlets (120 volt, duplex) that are connected to the emergency generator circuitry/ system when a generator is required by Section 604.2 of the CFC. The electrical outlets shall be provide in the flowing locations: a. In the main exit corridor of each floor, adjacent to each exit enclosure. b. On every level in every stairwell. c. In each elevator lobby. d. In public assembly areas larger than 1,500 square feet. e. In every fire control room. f. In such other areas as may be designated by the fire code official. 59. High-rise buildings shall be provided with a passive or active smoke control system or combination thereof in accordance with Section 909. CBC Sec. 403.4.7.1 60. Smoke proof enclosures shall be constructed and shall consist of an enclosed interior exit stairway that conforms to California Fire Code Section 1022.2 and an open exterior balcony or vestibule meeting the requirements of this section. Where access to the roof is required by the California Fire Code, such access shall be from the smokeproof enclosure (all exiting stairwells) where a smokeproof enclosure is required. CFC Sec. 909.20 61. The smokeproof enclosure shall be separated from the remainder of the building by not less than 2 -hour fire barriers constructed in accordance with Section 707 or horizontal assemblies constructed in accordance with Section 711, or both. Openings are not permitted other than the required means of egress doors. The vestibule shall be separated from the stairway by not less than 2 -hour fire barriers constructed in accordance with California Building Code Section 707.1 (Fore Barrier Requirements) or horizontal assemblies constructed in accordance with California Building Code Section 711.1 (Horizontal Assembly Requirements), or both. The open exterior balcony shall be constructed in accordance with the fire -resistance rating requirements for floor assemblies. CFC Sec. 909.20.2 62. The parking garage shall meet requirements of CFC Sec. 914.5 if applicable. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 36 of 42 63. No vehicular parking shall be allowed along the first 200 feet of the access lane located at the eastern property line (beginning at San Clemente Drive). 64. If fire access is to cross a property line then an agreement for access will need to be legally recorded for fire access use. 65. For all vegetated roofing systems abutting combustible vertical surfaces, a Class A - rated roof system complying with ASTM E 108 or UL 790 shall be achieved for a minimum 6 -foot wide continuous border placed around rooftop structures and all rooftop equipment including, but not limited to mechanical and machine rooms, penthouses, skylight, roof vents, solar panels, antenna supports, and building service equipment. CFC Sec. 317.3 66. Buildings or structures that have rooftop gardens or landscaped roofs and that are equipped with a standpipe system shall have the standpipe system extended to the roof level on which the rooftop garden or landscaped roof is located. CFC Sec. 905.3.8 67. A 2A 10BC fire extinguisher will be required for the R-2, M and B occupancies. The extinguishers must be located so that it is not more than 75 feet travel distance to reach an extinguisher from the front door of each unit. CFC Sec. 906.1 68. The parking garage is classified as an ordinary hazard occupancy which requires a 2A 20BC fire extinguisher. This fire extinguisher will cover 1500 square feet of floor area and the extinguisher must be located so that it is not more than 50 feet travel distance to reach an extinguisher from the garage floor area. CFC Sec. 906.1 69. Car charging stations will need to be shown on plans and must comply with National Electrical Code Sec. 625.5. 70. Address shall be placed on all new buildings in such a position that is plainly visible and legible from the street or road fronting the property. CFC Sec. 505.1 71. Stairwell signage shall meet Newport Beach Fire Department Guideline & Standards D.01. 72. Areas with an "A" occupancy will need to meet all requirements for an assembly type occupancy referenced in CFC Sec. 1028. 73. Dumpster locations will need to meet Newport Beach Fire Department Guideline & Standard A.16 with regard to requirements for locations of dumpsters. 74. A pictorial symbol of a standardized design designating which elevators are fire service access elevators shall be installed on each side of the hoistway door frame on 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 37 of 42 the portion of the frame at right angles to the fire service access elevator lobby. CBC Sec. 3007.7.5 75. The fire service access elevator shall be continuously monitored at the fire command center by a standard emergency service interface system meeting the requirements of NFPA 72. CBC Sec. 3007.8 76. A telephone or other two-way communications system connected to an approved constantly attended station shall be provided at not less than every fifth floor in each stairway where the doors to the stairway are locked. CBC Sec. 403.5.4 77. Provide standby power system as per CFC Sec. 604.2.14.1. 78. A Knox box will be required for the proposed structure. The Knox box must contain keys which will gain entrance to the building in an emergency situation. Also, keys to any mechanical room or equipment room will need to be placed in the Knox box. CFC Sec. 506.1 79. Barbecues on balconies will require fire sprinklers in balcony area over the barbecues. Terraces open to above and with Barbeques will not require sprinklers. 80. Access areas will need to meet Newport Beach Guideline C.01 with regard to weight supported, turnaround, widths, etc. 81. Fire lane access markings for the front entrance shown on Fire Master Plan will need to comply with Newport Beach Guideline C.02 with signs and red curbs or signs only. 82. Rooftop garden or landscaped roof areas shall not exceed 15,625 square feet in size for any single area with a maximum dimension of 125 feet in length or width. A minimum 6 -foot wide clearance consisting of a Class A -rated roof system complying with ASTM E 108 or UL 790 shall be provide between adjacent rooftop gardens or landscaped roof areas. The gardens and landscaped areas at the podium deck level, and rooftop pools are not subject to these limitations. CFC Sec. 317.2 83. Clearances with the gas fire table must be met as per the manufactures recommendations and the California mechanical Code. Building Division Conditions 84. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 38 of 42 85. The applicant shall employ the following best available control measures ("BACMs") to reduce construction -related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if average winds exceeding 25 mph. Emissions • Require 90 -day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off -Site Impacts • Encourage carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. �Iacement Sandbag construction sites for erosion control. Fill • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. 86. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 87. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 88. A list of "good house -keeping" practices will be incorporated into the long-term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 39 of 42 frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non-structural BMPs. In addition, the WQMP must also identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 89. A grading and shoring bond shall be required prior to grading or building permit issuance. The bond shall be based on the total value of excavation, grading and shoring work. 90. A geotechnical report shall be submitted to the Building Division for review prior to permit issuance. The review shall include a study on the potential for liquefaction. 91. A drainage and hydrology study shall be submitted for review prior to permit issuance. 92. Cal Green and Energy commissioning and acceptance testing may be required at the time of permit issuance. 93. A shoring plan shall be submitted prior to building permit issuance. Tie back system will not be allowed under street or public improvements without obtaining public works approval. Public Works/Tentative Tract Map 94. A Tract Map shall be recorded. The Map shall be prepared on the California coordinate system (NAVD88). Prior to the recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital -graphical 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 Sub article 18. The Map submitted to the City of Newport Beach shall comply with the City's CADD standards. Scanned images will not be accepted. 95. Prior to the recordation of the Tract Map, the surveyor/engineer preparing the map shall tie the boundary of the map into the horizontal control system established by the County Surveyor in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, sub article 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 the construction project. 96. Vesting Tract Map No. 17970 shall expire 24 months from the date of approval pursuant to NBMC Chapter 19.16.010, unless an extension is otherwise granted by the City for the period of time provided for in the Development Agreement pursuant to the provisions of California Government Code Section 66452.6(a). 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 40 of 42 97. Prior to recordation of the tract map, Park Fees shall be paid for the 100 new dwelling units (currently $26,125.00 per unit) in accordance with City Council Resolution No. 2007-30. 98. All improvements shall be constructed as required by Ordinance and the Public Works Department. 99. The approximate 82 -foot existing 8 -inch VCP in Santa Barbara Drive at Jamboree shall be replaced with a 12 -inch VCP sewer line as determined by the Sewer Analysis Report. 100. Reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels, curb and gutter along the San Clemente frontage. 101. Each unit shall be served by its individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed with a traffic -grade box and cover. Water meter and the sewer cleanout shall be located within the public right-of- way. Alternatively, if a waiver is approved by the Public Works Department, the building may be served by one water meter and sewer lateral. 102. All unused sewer laterals to be abandoned shall be capped at property line. If the sewer lateral to be abandoned has an existing cleanout, abandonment shall include removal of the cleanout riser, the 4TT box and the wye. Sewer lateral shall then be capped where the wye used to be. 103. A new sewer cleanout needs to be installed on the proposed sewer lateral per STD - 406 -L adjacent to the property line in the San Clemente Drive public right-of-way. 104. Per Chapter 13 of the City Municipal Code, 36 -inch box street trees shall be planted along the San Clemente Drive frontage. Tree species shall be per Council Policy G-6. Quantity and location of tree to be determined by Municipal Operations Department at plan check. 105. All improvements, including the proposed monument signage and landscaping, shall comply with the City's sight distance requirement. See City Standard 110-L and Municipal Code 20.30.130. 106. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 107. All on-site drainage shall comply with the latest City Water Quality requirements. 108. The parking structure and drive approaches shall be constructed per City Standards. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 41 of 42 109. No permanent structures can be built within the limits of the proposed and existing easements. 110. All proposed street trees to be located at least 10 feet away from all utility services and driveway approaches. 111. No temporary or permanent structural encroachments will be permitted within the public right-of-way or city easement areas, including but not limited to, caissons, tie- backs, shoring, etc. No excavation will be permitted within the public right-of-way as part of the foundation shoring installation. 112. Prior to the recordation of the Tract Map, a Subdivision Agreement shall be obtained and approved by the City Council. 113. Prior to Final Map approval, the applicant shall provide a Faithful Performance Bond and a Labor and Materials Bond, each for 100 percent of the estimated public improvements. An engineer's cost estimate shall be prepared by a Registered Civil Engineer and approved by the Public Works Director. 114. Prior to commencement of demolition and grading of the project, the applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works Department. The plan shall include the following: • Provide detail on planned lane closures, including scheduling and duration; • Detail applicable lane closure restrictions during peak hours and holiday periods and noticing to surrounding property owners and tenants; • Provide measures to prevent blocking of surrounding property access points (due to construction vehicle queuing, etc.); • Document specific off-site parking locations for construction workers; • Project phasing; • Parking arrangements for off-site parking location and on-site during construction; • Anticipated haul routes; and • All materials transported on and offsite shall be securely covered to prevent excessive amounts of dust or dirt. Upon approval of the plan, the applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 115. During the construction process, truck hauling shall be prohibited during the PM peak hour after 4:00 p.m. 116. Prior to commencement of demolition and grading of the project, traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 42 of 42 caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 117. Prior to commencement of demolition and grading of the project, an adequate off-site construction employee parking arrangement shall be finalized. 118. Any lane closures shall be subject to the discretion of the Public Works Department and require a separate Temporary Street and Sidewalk Closure Permit. Lane closures shall not occur between Thanksgiving Day and New Year's Day. 03-03-2015