HomeMy WebLinkAbout2019-15 - Approving Major Site Development Review No. SD2015-007, and Conditional Use Permit No. UP2015-047 for the Harbor Pointe Senior Living Project - a Senior Convalescent and Congregate Care Facility Located at 101 Bayview Place (PA2015-210)RESOLUTION NO. 2019-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING MAJOR
SITE DEVELOPMENT REVIEW NO. SD2015-007, AND
CONDITIONAL USE PERMIT NO. UP2015-047 FOR THE
HARBOR POINTE SENIOR LIVING PROJECT - A SENIOR
CONVALESCENT AND CONGREGATE CARE FACILITY
LOCATED AT 101 BAYVIEW PLACE (PA2015-210)
WHEREAS, an application was filed by Harbor Pointe Senior Living LLC of
California ("Applicant"), with respect to property located at 101 Bayview Place, and legally
described as Lot 1 of Tract No. 12528 in the City of Newport Beach, County of Orange,
State of California, as per Map recorded in Book 551 Pages 38 through 41 inclusive of
Miscellaneous Maps, in the Office of the County Recorder of said County, Assessor's
Parcel No. 442-283-05 ("Property"),-
WHEREAS,
"Property");
WHEREAS, the Applicant proposes the demolition of an existing approximately
8,800 square -foot restaurant ("Kitayama") to accommodate the development of an
approximately 85,000 square -foot, three-story senior convalescent and congregate care
facility (i.e., memory care and assisted living) as a State -licensed Residential Care Facility
for the Elderly ("RCFE") with 120 beds ("Project"),-
WHEREAS,
"Project");
WHEREAS, in order to implement the Project, the Applicant requests or requires
the following approvals from the City of Newport Beach ("City") -
General Plan Amendment ("GPA") — The current land use designation is
General Commercial Office ("CO -G") which allows 8,000 square feet for
restaurant use or 70,000 square feet for office use. The general plan amendment
would change the CO -G land use designation to Private Institutions ("PI") and
amend Anomaly No. 22 to allow the 85,000 square foot RCFE (Table LU2 and
associated figures);
• Planned Community Development Plan Amendment (Zoning) — To change
the allowed land uses and amend development standards in Area 5 of the
Bayview Planned Community ("PC -32") Zoning District;
• Major Site Development Review — To ensure the Project is developed in
accordance with the applicable planned community and zoning code
development standards and regulations pursuant to Newport Beach Municipal
Code ("NBMC") Section 20.52.080 (Site Development Reviews);
Resolution No. 2019-15
Page 2 of 12
• Conditional Use Permit — To allow the use of the Property as a 120 bed RCFE
(memory care and assisted living facility) with conditions of approval that protect
the health, safety and general welfare of the surrounding community. A
conditional use permit is required pursuant to the amended Area 5 of the PC -32
Zoning District land use regulations;
• Development Agreement — The applicant has requested a development
agreement, which will provide for public benefits as the project is implemented;
and
• Environmental Impact Report ("EIR") — To address reasonably foreseeable
environmental impacts of the Project with corresponding mitigation measures that
reduce those environmental impacts in accordance with the California
Environmental Quality Act ("CEQA") in 14 California Code of Regulations Section
15000 et seq. and the California Public Resources Code Section 21000 et. seq.
WHEREAS, the Property is located within the PC -32 Zoning District and the
General Plan Land Use Element category is designated as CO -G;
WHEREAS, the Property is not located within the coastal zone; therefore, a coastal
development permit is not required;
WHEREAS, on February 23, 2017, the Planning Commission held a study session
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California,
to provide initial direction on the Project. No action was taken at the study session.
Although not required, the City mailed a courtesy public notice of this study session to
property owners within a 300' radius of the Property;
WHEREAS, on September 13, 2018, the Planning Commission held a study
session in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, to receive a project update and review the draft EIR. No action was taken at
the study session. Although not required, the City mailed a courtesy public notice of this
study session to property owners within a 300' radius of the Property;
WHEREAS, on December 6, 2018, the Planning Commission held a public hearing
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
California Government Code Section 54950 et. seq. ("Ralph M. Brown Act") and Chapter
20.62 of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing;
Resolution No. 2019-15
Page 3 of 12
WHEREAS, the Planning Commission adopted Resolution No. PC2018-033 by a
unanimous vote of 6-0 recommending approval of the Project, and the land use entitlements
referenced above, to the City Council;
WHEREAS, on January 17, 2019, the Airport Land Use Commission (ALUC)
reviewed the proposed project and found it consistent with the AELUP. However, the ALUC
did include two conditions on the consistency determination: (1) to modify noise mitigation
measure N0I-4; and (2) to include an additional condition of approval on the project requiring
outdoor signage informing the public of the presence of operating aircraft;
WHEREAS, on February 12, 2019, the City Council held a public hearing in -the
Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the public hearing was given in accordance with the Ralph M. Brown
Act and NBMC. Evidence, both written and oral, was presented to, and considered by,
the City Council at this public hearing;
WHEREAS, a site development review is required for the nonresidential
construction consisting of 20,000 square feet or more of gross floor area. The site
development review analyzes the project as a whole for compatibility with the site and
surrounding land uses; and
WHEREAS, a conditional use permit is required pursuant to the amended Area 5
of the PC -32 Zoning District land use regulations.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the recommendation of the Planning
Commission and has determined that modifications to the project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council hereby approves Major Site Development Review No.
SD2015-007 and Conditional Use Permit No. UP2015-047, subject to the conditions of
approval set forth in Exhibit "A," which is attached hereto and incorporated herein by
reference.
Section 3: In accordance with NBMC Section 20.52.080(F) (Site Development
Reviews), the findings and facts in support of a site development review are set forth as
follows:
Resolution No. 2019-15
Page 4 of 12
A. Allowed within the subject Zoning district.
Facts in Support of Finding:
The proposed Major Site Development Review for an approximately 85,000 square -foot
RCFE is consistent with the proposed amendment to the PC -32 Development Plan, which
would allow a residential care facility for the elderly, subject to the approval of a
conditional use permit. The RCFE would be a combined convalescent and congregate
care facility. NBMC Chapter 20.70 (Definitions) defines convalescent facilities as
establishments that provide care on a 24 hour basis for persons requiring regular medical
attention. In this case, the convalescent facility is in the form of a 20 bed memory care
facility for Alzheimer and dementia patients. Congregate care is defined as housing built
specifically for the elderly that provides services, such as an on-site meal program,
housekeeping, laundry, social activities, and transportation. In this case, there will be 100
beds for congregate care with various shared amenities and services provided. The total
number of beds between the two components will bel 20 within 101 rooms.
Finding:
B. In compliance with all of the applicable criteria in [NBMC Subsection
20.52.080(C) (2) (c)].-
a.
c) j.•
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;
C. The compatibility in terms of bulk, scale, and aesthetic treatment of
structures on the site and adjacent developments and public areas;
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
Resolution No. 2019-15
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f. The protection of significant views from public right(s)-of-way and
compliance with [NBMC] Section 20.30. 100 (Public View Protections).
Facts in Support of Finding:
1. The project is consistent with the amended PI General Plan land use designation
and the amended PC -32 Zoning District.
2. The proposed structure will maintain a similar size and scale to that of the existing
adjoining nonresidential buildings to the west and east along Bristol Street. The
total gross floor area will be no more than 85,000 square feet, which will be
compliant with the maximum floor area allowed for a RCFE.
3. The proposed structure complies with the pre- and post -amendment maximum
height of 35' for this area of PC -32 from finish grade to the top of the uppermost
ceiling with an additional 10' feet allowed for roofing and mechanical screening. All
mechanical equipment on the rooftop will be screened in compliance with NBMC
Subsection 20.30.020 (Buffering and Screening).
4. The proposed structure is required to comply with all Building and Fire Codes. The
facility is required to obtain a license from the Department of Social Services
("DSS") of the State of California for its operation.
5. The Project will be modern in appearance with building materials and finishes that
include stone veneer and smooth stucco, stainless steel metal panels, glass
windows, and concrete or composition shingle roofing.
6. Site access, including the drive aisles, driveways, parking and loading spaces have
all been reviewed by the Public Works Department for adequacy, efficiency, and
safety. The Project design complies with the required parking ratio of one parking
space for every three beds (i.e., 120 beds divided by three = a minimum of 40
parking spaces).
7. The proposed setbacks would be greater than the currently required setbacks in
the PC -32 Development Plan. The Project is designed such that the building is set
back a minimum of approximately 41 feet from the adjacent residential properties.
The setback area will be improved with parking areas, landscaping, and site walls
to help buffer the site from adjacent residential uses. The building will also be set
back a minimum of 15 feet from the Bristol Street property line and 11 feet from
the Bayview Place property line, which exceeds the current 10 foot minimum
setback requirement.
Resolution No. 2019-15
Page 6 of 12
8. All facility operations including, but not limited to, visiting hours and delivery hours
to the facility are limited by the conditions of approval to help mitigate potential
impacts to the adjacent residential neighbors.
9. The Project includes approximately 18,859 square feet of landscape area, which
has been designed to meet NBMC Chapter 14.17 (Water -Efficient Landscape)
requirements with respect to water efficiency.
10. Although a photometric survey has not been provided, lighting of the building is
conditioned to meet the requirements of the NBMC to mitigate impacts to
neighboring properties.
11. The Project site does not have the potential to obstruct public views from public
view points and corridors, as identified on General Plan Figure NR 3 (Coastal
Views), to the Pacific Ocean, Newport Bay and Harbor, offshore islands, the Old
Channel of the Santa River (the Oxbow Loop), Newport Pier, Balboa Pier,
designated landmark and historic structures, parks, coastal and inland bluffs,
canyons, mountains, wetlands, and permanent passive open space. The Project
is not located near any public view points and there are no designated public views
through or across the site.
Finding:
C. The proposed development is not detrimental to the harmonious and orderly
growth of the City, or endanger jeopardize, or otherwise constitute a hazard to the
public convenience, health, interest, safety, or general welfare of persons residing
or working in the neighborhood of the proposed development.
Facts in Support of Finding:
1. The 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 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
Resolution No. 2019-15
Page 7 of 12
with articulation and building modulations to enhance the urban environment
consistent with development along Bristol Street.
3. 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 entry drive off Bayview Place 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.
4. Conditions of approval are included to help ensure any potential impacts are
limited, including, but not limited to:
a. Conditions of Approval Nos. 29 and 30 require all outdoor lighting to meet
the requirements of the Zoning Code, prohibiting light and glare spillage
from the facility to the adjacent properties. This will be reviewed in more
detail as part of the building permit plan check process;
b. Condition of Approval No.10 limits delivery and commercial trash pick-up
hours to the facility to mitigate potential impacts to the adjacent neighbors;
C. Condition of Approval No. 11 limits visiting hours to the facility to mitigate
potential impacts to the adjacent neighbors; and
d. The noise from a convalescent and/or congregate care facility is typically
low. Condition of Approval No. 32 helps to ensure that the use will comply
with NBMC Chapter 10.26 (Community Noise Control).
5. The Project would introduce approximately 120 new residents, which is a nominal
increase in the City's overall total population. However, these types of facilities
typically require more calls for emergency medical services than a residential
community of the same size. Given the Project's location and its adjacency to
currently proposed residential projects and projects under construction, the
combined projects could impact the ability of emergency services to meet standard
levels or jeopardize the ability to meet existing response times. As such, Mitigation
Measure MM FIRE -1 has been included in the EIR to ensure the Applicant
contributes a fair share amount for the purchasing and equipping of a new rescue
ambulance with patient transport and advanced life support ("ALS") capabilities.
This new ambulance would be stationed at the nearby Santa Ana Heights Fire
Station No. 7 and would serve the Property, as well as the new projects within the
Resolution No. 2019-15
Page 8 of 12
airport area and existing development in the Santa Ana Heights area and other
nearby communities.
6. The Irvine Ranch Water District ("IRWD") has sufficient water supply to serve the
Project and has provided a conditional will -serve letter. Also, the project includes
the installation of water -efficient fixtures in each care unit to reduce water use and
landscape irrigation systems designed with weather sensors, timers, and low -flow
irrigation devices.
7. The John Wayne Airport is located approximately 0.7 -mile northwest of the
Property and is the nearest public airport. 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. A "No Hazard"
determination was provided by the Federal Aviation Administration ("FAA"). The
Property falls inside the Noise Impact Zone "2" — Moderate Noise Impact where
uses would be exposed to noise between 60 and 65 decibels (dB) Community
Noise Equivalent Level ("CNEL"). The proposed use is considered "normally
compatible" where conventional construction, with closed windows and fresh air
supply systems or air conditioning, will normally suffice to insulate residents from
the negative effects of aircraft noise. The project site is within Safety Zone 6
("Traffic Pattern Zone"), where the likelihood of an accident is low.
8. The Project does not involve the use or the manufacturing 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. Rooftop mechanical equipment 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.
11. A nonresidential structure has existed at this location since late 1986. The Project
will improve the site with construction that complies with all current requirements
and will reduce the overall average daily trips ("ADT") by approximately 426 per
the 2017 Institute of Transportation Engineers ("ITE") Trip Generation Manual.
Resolution No. 2019-15
Page 9 of 12
12, The Project would replace the Kitayama restaurant with a needed service for the
aging population, which comprises almost 25 percent of the City's total population
according to latest available American Community Survey ("ACS") data.
Section 4: In accordance with NBMC Section 20.52.020(F) (Findings and
Decision), the following findings and facts in support of such findings for Conditional Use
Permit No. UP2015-007 are set forth as follows:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
The Project is consistent with the General Plan, as proposed to be amended. See all
Facts in Support of Findings B and C above.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the NBMC.
Facts in Support of Finding:
The Project complies with all NBMC and PC -32 development standards, as proposed to
be amended, including, but not limited to, height, floor area, parking, and landscaping.
See all Facts in Support of Findings A and B above.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity.
Facts in Support of Finding:
1. The Project will replace an existing nonresidential use with a new nonresidential
use. At present, a 70,000 square foot office building could be allowed on the
Property. The Project would be of similar bulk and scale, but would have a lesser
trip generation. RCFE and similar assisted living facilities have very low ADT and
Resolution No. 2019-15
Page 10 of 12
peak -hour trip generation. All improvements will modernize and comprehensively
upgrade the general appearance of the site.
2. The Property is located at the corner of Bayview Place and Bristol Street. The
existing driveway entrance from Bayview Place will be maintained and used as the
primary entry and exit.
3. The Property is immediately adjacent to professional office buildings to the west
and east, which are both taller buildings. Also to the west is the Residential Single -
Family ("RSF") District of the Santa Ana Heights Specific Plan Area ("SP -7"). RSF
properties are permitted to have structures with a maximum height of 35 feet. The
Project is a quasi -residential use and complies with the maximum height limitations
currently identified in the PC -32 Development Plan. It has been designed such that
it will be compatible with the adjoining land uses. Multi -family condominiums are
abutting the Project site to the south. All proposed construction will be set back a
minimum of approximately 41 feet from the property lines abutting the residential
uses. The main drive aisle, landscaping, and a perimeter site will serve to further
buffer those residential uses from the Project.
4. Condition of Approval No. 2 is included to limit the Project to 120 beds, which will
ensure the operation does not intensify.
5. See all Facts in Support of Finding C above.
Findinq:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. The Property is currently developed with a single driveway approach accessible
from Bayview Place. The Project will maintain the existing driveway approach and
will add another approach on Bristol Street for emergency vehicle access.
2. The Project site provides adequate parking and circulation including turn -around
areas for deliveries. Conditions of approval are included to ensure compliance with
all the circulation standards and the final plans are required to be reviewed and
approved by the Public Works Department.
Resolution No. 2019-15
Page 11 of 12
3. Adequate emergency vehicle access has been incorporated into the Project
design. Conditions of approval are included to help ensure compliance with all
emergency vehicle access requirements and the final plans are required to be
approved by the Fire Department.
4. The IRWD currently services the site with water and sewer via mains that run
through Bristol Street and Bayview Place. As part of the Project review, the IRWD
issued a conditional will -serve letter, indicating the Project could be adequately
served by its infrastructure. The Gas Company and Southern California Edison will
continue to service the site through existing connections.
Finding:
E. Operation of the use at the location proposed would not be 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 use.
Facts in Support of Finding:
See all Facts in Support of Finding C above.
Section 5: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 6: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 7: The Harbor Pointe Senior Living Final Environmental Impact Report
(EIR) (SCH No. 2016071062) was prepared for the project in compliance with CEQA, the
State CEQA Guidelines, and City Council Policy K-3. By Resolution No. 2019--,.-3, the City
Council, having final approval authority over the Project, adopted and certified as
complete and adequate the Harbor Pointe Senior Living Project Final Environmental
Impact Report (EIR) (SCH No. 2016071062) and adopted "Mitigation Monitoring and
Reporting Program." Resolution No. 2019- 13is hereby incorporated by reference.
Resolution No. 2019-15
Page 12 of 12
Section 8: This resolution shall take effect immediately upon the effective date of
City Council Ordinance No. 2019-_1 adopting Planned Community Development Plan
Amendment No. PD2015-005 and the City Clerk shall certify the vote adopting the
resolution.
ADOPTED this 12th day of February, 2019.
ATTEST:
N-4�-
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
-Aar C. Har
City Attorney
kn.ixon
�lf
Mayor
Attachments: Exhibit A: Conditions of Approval
Exhibit B: Project Plans
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
Planning Division
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. This approval authorizes a 120 bed Residential Care Facility for the Elderly, as
specified in the adopted Planned Community Development Plan.
3. The project shall adhere to the development standards established in the amended
PC -32 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 E/R SCH No. 2016071062 for the project.
5. All proposed signs shall be in conformance with the provisions of PC -32 and
NBMC Chapter 20.42 (Sign Standards).
6. The term and expiration of Major Site Development Review No. SD2017-007 and
Conditional Use Permit No. UP2015-047 shall be governed by Development
Agreement No. DA2018-006.
7. The Project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
8. This approval may be modified or revoked by the Planning Commission should they
determine that the proposed uses or conditions under which it is being operated
or maintained is detrimental to the public health, welfare or materially injurious to
property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
9. Any material changes in operational characteristics, including but not limited to the
following, may require an amendment to this use permit or issuance of a new use
permit as determined by the Community Development Director. -
a. Expiration without renewal, or permanent loss of a Department of Social
Services ("DSS') license as a Residential Care Facility for the Elderly
("RCFE').
A-1
b. Change in on-site staffing that creates a deficiency in parking supply or
results in a parking impact to surrounding properties;
C. Increase in physical capacity of facility and increases in floor area of facility;
and
d. Request for amendment to any condition or conditions of approval.
10. Routine deliveries (i.e., scheduled deliveries) and commercial trash pickup at the
site shall be limited to 9 a.m. to 5 p.m., Monday through Friday. This condition is
not intended to limit irregular parcel delivery services to the same timeframe.
11. Visiting hours shall be limited from 7 a.m. to 11 p.m., daily.
12. All residents, visitors, and employees shall park on-site. Parking on any residential
streets is strictly prohibited.
13. The use shall be operated in compliance with applicable State and local laws.
14. The Operator shall comply with the Business License provisions of the NBMC.
15. The Operator shall provide and maintain public notice of the Regional DSS Office
and the Long -Term Ombudsman addresses and phone numbers for receiving
inquiries and/or complaints in reference to the operation of its facility.
16. The Operator shall not allow more than two residents in one bedroom.
17. Smoking on-site shall be restricted to a designated area that will prevent second-
hand smoke from traveling to the adjacent properties. This area shall be identified
on the final construction drawings.
18. Prior to the issuance of the final certificate of occupancy, the Operator shall obtain
approval of an RCFE license from the DSS and maintain a DSS license at all times
for the memory care facility.
19. On-site assembly -type amenities within the property are limited solely to use by
the residents of the facility and their visiting guests, and facility staff during their
shift.
20. Any and all medical waste generated through the operation of the facility shall be
disposed of in accordance with the NBMC, and all other laws and best industry
standards and practices.
A-2
21. 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 trash enclosure shall have a decorative solid roof for aesthetic and
screening purposes.
22. Trash receptacles for patrons shall be conveniently located both inside and outside
of the establishment, however, not located on or within any public property or right-
of-way.
23. The exterior of the business shall be maintained free of litter and graffiti at all times.
The owner or operator 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.
24. The Applicant shall ensure that the trash dumpsters and/or receptacles are
maintained to control odors. This may include the provision of either fully self-
contained dumpsters or periodic steam cleaning of the dumpsters, if deemed
necessary by the Planning Division. Cleaning and maintenance of trash dumpsters
shall be done in compliance with the provisions of NBMC Title 14; including all
future amendments (including Water Quality related requirements).
25. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of
the building permits.
26. 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
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 Permit and shall highlight the approved elements
such that they are readily discernible from other elements of the plans.
27. Prior to the issuance of building permits, the Applicant shall submit a final
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 City Urban Forester and the
Planning Division. The design shall comply with NBMC Chapter 14.17 (Water -
Efficient Landscaping).
A-3
28. 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.
29. The site shall be in compliance with Zoning Code Section 20.30.070 (Outdoor
Lighting). If in the opinion of the Community Development Director, the illumination
creates an unacceptable negative impact on surrounding land uses or
environmental resources, the Director may order the dimming of light sources or
other remediation upon finding that the site is excessively illuminated.
30. 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.
The survey shall show that lighting values are one inch or less at all property lines,
unless otherwise approved by the Community Development Director.
31. 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.
32. All noise generated by the proposed use shall comply with the provisions of NBMC
Chapter 10.26 and other applicable noise control requirements of the NBMC. The
maximum noise shall be limited to no more than depicted below for the specified
time periods unless the ambient noise level is higher:
33. 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.
34. Construction activities shall comply with NBMC Section 10.28.040 (Construction
Activity -Noise Regulations), which restricts hours of noise -generating construction
activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday
through Friday and 8 a.m. and 6 p.m. on Saturday. Noise -generating construction
activities are not allowed on Sundays or Holidays.
A-4
Between the hours of 7 a.m. and
10 P.M.
Between the hours of 10 p.m.
and 7 a.m.4
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
33. 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.
34. Construction activities shall comply with NBMC Section 10.28.040 (Construction
Activity -Noise Regulations), which restricts hours of noise -generating construction
activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday
through Friday and 8 a.m. and 6 p.m. on Saturday. Noise -generating construction
activities are not allowed on Sundays or Holidays.
A-4
35. No outside paging system shall be utilized in conjunction with this establishment.
36. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
37. Prior to issuance of any building permit, the Applicant shall provide satisfactory
evidence that a Native American monitor has been retained to observe the site when
construction activities occur in native soils. In the event that tribal cultural resources
are discovered, the Native American monitor shall be included in the consultation on
the recommended next steps.
38. Prior to issuance of any building permit, the Applicant shall submit a construction
management and delivery plan to be reviewed and approved by the Public Works
and Community Development Departments. The plan shall include discussion of
project phasing; parking arrangements for both sites during construction (including
construction parking); anticipated haul routes; and construction mitigation. Upon
approval of the plan, the applicant shall be responsible for implementing and
complying with the stipulations set forth in the approved plan.
39. 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 Harbor
Pointe Senior Living Project including, but not limited to, General Plan Amendment
No. GP2015-004, Planned Community Development Plan Amendment No. PD2015-
005, Major Site Development Review No. SD2015-007, Conditional Use Permit No.
UP2015-047, and Development Agreement No. DA2018-006. This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs
of suit, attorneys' fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by Applicant, City,
and/or the parties initiating or bringing such proceeding. The Applicant shall
indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The
Applicant shall pay to the City upon demand any amount owed to the City pursuant
to the indemnification requirements prescribed in this condition.
Fire Department
40. The Applicant is required to obtain all applicable permits from the City's Fire
Department.
A-5
41. The grade of the fire apparatus access road shall be within the limits established
by the Fire Code Official based on the Fire Department's apparatus. As per
Newport Beach Amendments to the California Fire Code ("CFC'), the gradient for
a fire apparatus access road shall not exceed 10 percent.
42. Emergency fire access roadways shall be designed as the Newport Beach
Guideline C.01 and C.02. Emergency access roadways minimum street width shall
be twenty (20) feet with no parking on either side. The width shall be increased to
26' within 30' of a hydrant and no vehicle parking allowed. Parking on one side is
permitted for streets that are a minimum of 28' wide. Parking on both sides is
permitted for streets that are a minimum of 26' wide. Access roads shall have an
unobstructed vertical clearance of not less than 13'6". See CFC Section 503.2.1.
43. Emergency fire access roadways must be constructed of a material that provides
an all-weather driving surface, capable of supporting 72, 000 pounds imposed load
for fire apparatus, and truck outrigger loads of 75 pounds per square inch over a
two foot area.
44. Vehicle access gates or barrier installed across streets shall be in accordance with
the City of Newport Beach Guideline C. 01, California Fire Code, and the NBMC.
45. Any obstruction in required fire access roadways such as speed humps or other
traffic calming measures, when approved by the Fire Code Official, shall be in
accordance with the Newport Beach Public Works Department's Neighborhood
Traffic Management Guidelines.
46. Approved vehicle access for firefighting shall be provided to all construction or
demolition sites. Vehicle access shall be provided to within 100' of temporary or
permanent Fire Department connections. Either temporary or permanent roads,
capable of supporting vehicle loading under all weather conditions, shall provide
vehicle access. Said access shall be maintained until permanent fire apparatus
access roads are available.
47. The R2.1 occupancy shall be justified by specifying the proposed use of memory
care facility and the type of clients it serves.
48. Grounds of a residential care facility R2.1 may be fenced and equipped with locks
provided safe dispersal areas are located not less than 50' from the building.
Dispersal areas shall be sized to provide not less than three square feet per
occupant.
49. Gurney -sized accessible elevator will be required with elevator recall as per CFC
Section 607 and CBC Section 3002.
50. Fire flow shall be determined as per City of Newport Beach Guideline B.01. See
CFC 507.3.
MR
51. Fire hydrants shall be provided and located within 400' of all portions of the
building. See CFC Section 507.5.1.
52. Any property that is fenced may obstruct existing fire hydrants; therefore, hydrants
that cannot be utilized due to fencing will not be considered usable with regard to
fire flow requirements for the new structure. See CFC Section 507.5.4.
53. Public Safety Radio System Coverage will be required per CFC Section 510.1 and
City of Newport Beach Guideline D. 05.
54. Standby power shall be provided for emergency responder radio coverage
systems, as required in CFC Section 510.4.2.3. The standby power supply shall
be capable of operating the emergency responder radio coverage system for a
duration of not less than 24 hours. See CFC Section 604.2.3.
55. Pursuant to the Amendment to CFC Section 604.8, provide and electrical outlets
(120 volt, duplex) connected to the emergency generator circuitry system when a
generator is required by CFC Section 604.2 in every fire control room and in
other areas as may be designated by the Fire Code Official in the following
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; and
f. In such other areas, as may be designated by the Fire Code Official.
56. Licensed 24 hour care facilities in a Group R-2.1, R-3.1 or R-4 occupancy shall
comply with CBC Section 435 for special provisions for licensed twenty-four hour
care facilities in a Group R-2.1, R-3.1 or R-4 occupancy.
Building Division
57. The Applicant is required to obtain all applicable permits from the City's Building
Division. The construction plans must comply with the most current California
Building Code. The construction plans must meet all applicable State Disabilities
Access requirements.
58. The Applicant shall employ the following best available control measures
("BACM") to reduce construction -related air quality impacts:
A-7
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt
deposits on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed twenty five
(25) m.p.h.
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.
• Sandbag construction sites for erosion control.
Fill Placement
The number and type of equipment for dirt pushing will be limited on any day
to ensure that SCAQMD significance thresholds are not exceeded.
Maintain and utilize a continuous water application system during earth
placement and compaction to achieve 10 percent soil moisture content in
the top six inch surface layer, subject to review/discretion of the
geotechnical engineer.
59. 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
("BMP") to ensure that no violations of water quality standards or waste discharge
requirements occur.
on
60. A list of "good housekeeping" practices will be incorporated into the long-term post -
construction operation of the site to minimize the likelihood that pollutants will be
used, stored or spilled on the site that could impair water quality. These may
include frequent parking area vacuum truck sweeping, removal of wastes or spills,
limited use of harmful fertilizers or pesticides, and the diversion of storm water
away from potential sources of pollution (e.g., trash receptacles and parking
structures). The Stage 2 WQMP shall list and describe all structural and non-
structural BMP. 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) BMP.
Public Works Department
61. An encroachment permit is required for all work activities within the public right-of-
way.
62. All improvements shall comply with the City's sight distance standard STD -110-L.
63. In case of damage done to public improvements surrounding the development site
by the private construction, said damage shall be repaired and/or additional
reconstruction within the public right-of-way may be required.
64. The Applicant shall reconstruct all damaged and/or broken existing curb, gutter,
sidewalk and street along the Bristol Street South and Bayview Place along the
property frontages.
65. All on-site drainage shall comply with the latest City water quality requirements.
66. The parking layout shall comply with City Standards STD -805 -L-A and STD -805-
L -B.
67. Prior to the issuance of the final certificate of occupancy, the Applicant shall
fabricate and post signage in conspicuous locations within the outdoor living areas
informing residents and the public of the presence of operating aircraft.
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2
STATE OF CALIFORNIA }
COUNTY OF ORANGE ; ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-15 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 12th day of February, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Joy Brenner, Council Member Jeff Herdman, Council Member
Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon
NAYS: Council Member Brad Avery
ABSENT: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 131h day of February, 2019.
/1 rA r n 1 n
Leilani I. Brown '
City Clerk
Newport Beach, California