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Home My WebLink About20191101_Application Community Development Department Planning Permit Application CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_Guidelines\Planning Permit Application - CDP added.docx Rev: 01/24/17 1. Check Permits Requested: Approval-in-Concept - AIC # Lot Merger Staff Approval Coastal Development Permit Limited Term Permit - Tract Map Waiver for De Minimis Development Seasonal < 90 day >90 days Traffic Study Coastal Residential Development Modification Permit Use Permit -Minor Conditional Condominium Conversion Off-Site Parking Agreement Amendment to existing Use Permit Comprehensive Sign Program Planned Community Development Plan Variance Development Agreement Planned Development Permit Amendment -Code PC GP LCP Development Plan Site Development Review - Major Minor Other: Lot Line Adjustment Parcel Map 2. Project Address(es)/Assessor’s Parcel No(s) 3. Project Description and Justification (Attach additional sheets if necessary): 4. Applicant/Company Name Mailing Address Suite/Unit City State Zip Phone Fax Email 5. Contact/Company Name Mailing Address Suite/Unit City State Zip Phone Fax Email 6. Owner Name Mailing Address Suite/Unit City State Zip Phone Fax Email 7. Property Owner’s Affidavit*: (I) (We) depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature(s): ________________________________ Title: Date: DD/M0/YEAR Signature(s): ________________________________ Title: Date: *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Please note, the owner(s)’ signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. PA2019-227 □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ F:\Users\PLN\Shared\Staff_Dir\Garciamay\Ruby\desktop\DESKTOP_\CUT_PASTE_DRAG_COPY\Office Use Only.docx Updated 08/15/17 FOR OFFICE USE ONLY\ Date Filed: _______________________ 2700-5000 Acct. APN No: __________________________ Deposit Acct. No. ________________________ Council District No.: _________________ For Deposit Account: General Plan Designation: ____________ Fee Pd: _______________________________________ Zoning District: _____________________ Receipt No: ____________________________ Coastal Zone: Yes No Check #: __________ Visa MC Amex # ____________ CDM Residents Association and Chamber Community Association(s): _______________________ Development No: __________________________ _____________________________________________ Project No: ________________________________ _____________________________________________ Activity No: _______________________________ Related Permits: ___________________________ APPLICATION Approved Denied Tabled: _________________________ ACTION DATE Planning Commission Meeting Zoning Administrator Hearing Community Development Director Remarks: __________________________________________________________________________________________ __________________________________________________________________________________________ APPLICATION WITHDRAWN: Withdrawal Received (Date): ________________________ APPLICATION CLOSED WITHOUT ACTION: Closeout Date: ________________________ Remarks: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ NEWPORT CENTER ASSOCIATION, CANYON FAIRWAY COMMUNITY ASSOC. MEDICAL PLAZA ASSOC AT NEWPORT CENTER, GRANVILLE COMMUNITY ASSOCIATION, HARBOR POINTE HOMEOWNERS ASSN. CANYON MESA COMMUNITY ASSOC., CANYON VIEW COMMUNITY ASSOC., HARBOR COVE COMMUNITY ASSOC. PA2019-227 11.01.2019 442 021 29 5 CR PC56 D2019-0571 GP2019-003 and PD2019-001 PA2015-109, PA2012-020, PA2011-017, PA2009-111, PA2007-151 KEEPING RELATED PERMITS SEPARATELY IN PERMITS PLUS NOT IN GIS 016-245563 $7500.00 RCP0011599 3225 PA2019-227October 23, 2019 Mr. James Campbell f~ IRVINE COMPANY ~,, RETAIL PROPERTIES Deputy Director Community Development City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92658-8915 Subject: Letter of Authorization for a PC Text and General Plan Amendments for the North Newport Center Planned Community Dear Mr. Campbell: Please be advised that CAA Planning, Inc. is authorized to represent Irvine Company in securing approval of a Planned Community Text Amendment and a General Plan Amendment to allow Limited General Office within the Fashion Island Regional Center. They are authorized to execute, take delivery, request and take necessary action on behalf of Irvine Company pertinent to obtaining approval of said Planned Community Text and General Plan Amendments from the City of Newport Beach. Sincerely, .·~ ,:\ \ ,0 :\_/~ \ ~v ,8,f V\"-\),7 Chase Gilmore Senior Director, Development Irvine Company Retail Properties cc: Shawna Schaffner 110 Innovation Drive, Irvine, California 92617-3040 949. 720.2000 30900 Rancho Viejo Road, Suite 285 • San Juan Capistrano, CA 92675 • (949) 581-2888 • Fax (949) 581-3599 November 1, 2019 Mr. Jim Campbell Deputy Community Development Director City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Amendments to North Newport Center Planned Community Development Pan and City of Newport Beach General Plan to Incorporate Office Use within the Fashion Island Sub-Area Dear Mr. Campbell: On behalf of Irvine Company, CAA Planning Inc. (CAA) submits the enclosed application package for an amendment to the North Newport Center Planned Community (NNCPC) Development Plan and an amendment to the City of Newport Beach General Plan. The purpose of these amendments is to allow for commercial office use in Fashion Island through the issuance of a Minor Use Permit. An amendment to the General Plan is necessary to allow for commercial office use within the Regional Commercial (CR) designation. This application includes the revised Development Plan, which the City Council originally adopted on December 18, 2007 by Ordinance No. 2007-20 (PA-151). Minor modifications have been made within the NNCPC Development Plan Text to reflect the new development allowances and are provided in an Underline/Strikethrough format. No changes to sub-area boundaries are proposed, and no change in permitted uses or other development regulations are proposed. A check in the amount of $7,500 is also included to initiate review of the proposed project, as is an authorization letter from Irvine Company allowing CAA to act as a representative for the project. Background Following the City's adoption of the 2006 General Plan, which included goals related to updating Planned Communities to make them consistent with the General Plan, Irvine Company prepared the NNCPC. The NNCPC included four sub-areas within Newport Center: Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The Newport Beach City Council adopted the NNCPC in December 2007 and has approved amendments for the NNCPC through four prior applications. The NNCPC was amended in 2009 by Ordinance No. 2009-28 (PA 2009-111) to include Irvine Company ownership portions of Block 100, Block 400, and the residential portion of Block 800. The NNCPC was amended in 2011 by Ordinance No. 2011-16 (PA 2011-017) to incorporate Irvine Company ownership of Pacific Financial Plaza into Block 800. The NNCPC was amended in 2012 by Ordinance No. 2012-19 (PA 2012-020) to incorporate additional residential units into the Planned Community. The NNCPC was amended in 2015 by Ordinance No. 2015-32 PA2019-227 CAA PLANNING Mr. Jim Campbell November 1, 2019 Page 2 of 4 (PA 2015-109) to transfer development intensity from Corporate Plaza and Corporate Plaza West into Block 100. Project Description The proposed General Plan and Planned Community Amendments would allow for commercial office use within the Fashion Island regional commercial shopping center through the issuance of a Minor Use Permit. A General Plan Amendment is required to incorporate Commercial Office as an allowable land use within the Regional Commercial designation. Currently, the General Plan Regional Commercial designation allows for retail, entertainment, and service and supporting uses that serve local and regional residents. The Regional Commercial designation would be amended to specifically include commercial office as a use that is intended to serve local and regional residents. In addition to allowing commercial office use in Fashion Island, the proposed amendment to the NNCPC would allow for the conversion of retail square footage within Fashion Island for use as office square footage, not to exceed a cap of 15% of total gross floor area. Statement of Need As the retail environment continues to evolve and store closures reach record numbers, vacancy rates are increasing; it is critical for property owners to maintain some flexibility in use of space. For some perspective, the United States has 23.5 square feet of retail space per capita, compared to 16.8 in Canada, 11.2 in Australia, and 4.6 in the United Kingdom.1 While retail square footage in the U.S. goes through a correction (contraction), a lesser number of more productive retail tenants has become the norm for shopping malls. While some of the closing stores can be replaced, store counts by profitable brands are contracting while bankruptcy-driven closures by others are peaking, making it increasingly difficult for owners to maintain occupancy, customer traffic, and sales. Malls are fighting a snowball effect in vacancy as landlords continually attempt to fill store closures. Department store failures throughout the country are likewise causing some malls to fail. Rising online sales are leading to negative impacts to foot traffic and department store productivity, which has a secondary effect to inline tenants at the mall. Many retail leases have occupancy thresholds and co-tenancy clauses that allow tenants to close stores if mall occupancy drops below a certain level. The risk of additional tenants opting to leave the mall grows with the loss of a department store coupled with other chronic inline shop vacancies. A single department store closure can trigger an exodus of low-performing tenants, significantly decreasing traffic to the center and causing once-successful tenants to fail as well. This is the chain reaction of retail deterioration that can seemingly cause malls to fail overnight. 1 https://www.businessinsider.com/retail-apocalypse-is-still-in-early-innings-cowen-says-2018-10 PA2019-227 Mr. Jim Campbell November 1, 2019 Page 3 of 4 The ability to integrate additional uses provides landlords the ability to plan ahead for these potential events. Throughout the country, malls are being successfully redeveloped to include offices, hotels, apartments, and condominiums to increase occupancy and foot traffic; this has had a positive impact on the retailers that continue to operate at the shopping centers. Replacing failing retailers with these uses increases the number of daily shoppers for the more stable retailers, allowing for overall sales productivity to increase while improving the overall experience for shoppers and visitors. Irvine Company is proposing to add commercial office as a permitted use within Fashion Island. Including office space as a permitted use allows for flexibility in leasing and will help mitigate the risk of increasing vacancy. The loss of unproductive tenants has minimal impact on sales when the space can be filled or replaced through strategic redevelopment. The ability to maximize visitors to the center and drive sales with the additional office use allows for reinvestment in the retail operations. Irvine Company remains committed to providing a superior retail offering at Fashion Island in Newport Beach. Irvine Company continually invests in its properties to provide best-in-class products and services for the local community as well as visiting customers. To demonstrate this commitment, a cap on the amount of floor area that could be utilized for office use is proposed. The amended Planned Community text specifies that 15% of the total gross floor area within Fashion Island could be converted to commercial office use. This application represents Irvine Company’s determination to successfully meet the needs of the evolution of shopping malls and the next step in the Company’s 52-year history of continuous improvement to Fashion Island. Required Actions As discussed above, the proposed amendment to the NNCPC requires an amendment to the General Plan. The project will require review by the Planning Commission and approval by the City Council. Because the project will include discretionary action, compliance with the California Environmental Quality Act (CEQA) is necessary per CEQA §21080. A completed copy of the City's Environmental Information Form is included as a part of the application. Portions of the NNCPC are located within the John Wayne Airport Environs Land Use Plan (AELUP) height restriction zone. The City is required to submit the NNCPC Amendment to the Airport Land Use Commission (ALUC) for a determination of consistency in accordance with AELUP Section 4.3. The proposed amendment to the NNCPC will not result in changes to exiting building heights or maximum height for future development. PA2019-227 Mr. Jim Campbell November 1, 2019 Page 4 of 4 Conclusion Amendments to Planned Communities are a permitted action under the City's General Plan and Zoning Code. The proposed project will not increase the development limits identified in the General Plan and will be consistent with the character and intent of development within NNCPC. Please do not hesitate to contact me with any questions. Sincerely, CAA PLANNING, INC. Shawna L. Schaffner Chief Executive Officer Attachments: Planning Application Authorization Letter Radius Map and Mailing Labels Environmental Information Form North Newport Center Planned Community Development Plan – Amendment c: Mr. Dan Miller Mr. Chase Gilmore PA2019-227 North Newport Center Planned Community Development Plan Land Uses, Development Standards & Procedures Adopted December 18, 2007, Ordinance No. 2007-20 (PA 2007-151) Amended November 24, 2009, Ordinance No. 2009-28 (PA 2009-111) Amended May 24, 2011, Ordinance No. 2011-16 (PA 2011-017) Amended July 24, 2012, Ordinance No. 2012-19 (PA 2012-020) Amended November 10, 2015, Ordinance No. 2015-32 (PA 2015-109) Amended ______, Ordinance No. 2020-__ (PA 2019-___) PA2019-227 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 1 November 10, 2015October 21, 2019 I. Introduction and Purpose of Development Plan The North Newport Center Planned Community district is comprised of seven sub-areas that include Fashion Island, Block 600, and Block 800; and portions of Block 100, Block 400, Block 500, and San Joaquin Plaza. The sub-areas that comprise North Newport Center shall be governed by the North Newport Center Planned Community (“PC”) Development Plan set forth herein, which includes land uses, development standards, and administration. The City of Newport Beach Municipal Code allows a Planned Community Development Plan to address land use designations and regulations in Planned Communities. The North Newport Center PC Development Plan serves as the controlling zoning ordinance for the sub-areas identified in the Planned Community Development Plan and is authorized and intended to implement the provisions of the Newport Beach General Plan. A. Sub-Area Purpose Newport Center is a regional center comprised of major retail, professional office, entertainment, recreation, and residential development within the City of Newport Beach. The North Newport Center site comprises approximately 170.3 acres along San Joaquin Hills Road and Newport Center Dr. The seven sub-areas that make up the site including Fashion Island (75 acres), Block 100 (10 acres), Block 400 (4 acres), Block 500 (16.3 acres and a 0.4-acre open space area at the corner of MacArthur Boulevard and San Joaquin Hills Road), Block 600 (25 acres), Block 800 (17 acres), and San Joaquin Plaza (23 acres) are shown on Figure 1 and are described below. 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. Fashion Island is the primary retail hub within Newport Center and is developed with retail, dining, and commercial entertainment uses, and commercial office uses. Permitted uses for Fashion Island include uses in support of the existing retail, dining, and commercial entertainment uses. Fashion Island is intended to be a vibrant regional retail and entertainment center and a day/evening destination with a wide variety of uses that will serve visitors, residents, and employees of the area. Figure 2, Fashion Island Sub-Area, shows the boundary of Fashion Island. The Commercial Office blocks include Block 100 (Figure 3), Block 400 (Figure 4), and a portion of Block 800 also referred to as Pacific Financial Plaza. Block 100 generally comprises administrative and professional offices that serve local and regional markets. Other uses permitted in the block include limited accessory retail, financial, service and entertainment uses. Block 400 generally comprises commercial office, with medical related offices and retail use. The Pacific Financial Plaza portion of Block 800 is generally comprised of commercial office and restaurant uses. The Mixed-Use blocks include Block 500 (Figure 5), Block 600 (Figure 6), and San Joaquin Plaza (Figure 7). The Mixed-Use blocks are generally composed of administrative, professional, and financial office uses. Block 600 contains hotel and related ancillary uses. This Development Plan allows for the diversification of land uses in order to encourage new and original uses consistent with the Mixed-Use concept as established in the General Plan. Permitted uses for the Mixed-Use blocks include offices, light general commercial, hotel, residential and other mixed uses in accordance with the General Plan MU-H3 land use designation. The residential portion of Block 800 (Figure 8) allows for multi-family residential or senior citizen housing uses. While not categorized as a mixed-use area, Block 800 contains two distinct uses which are not interchangeable. The northern portion of Block 800 is designated for residential use and the southern portion is commercial office. The boundaries of the Mixed-Use blocks included in this Development Plan are shown in Figure 5, Block 500 Sub-Area, Figure 6, Block 600 Sub-Area, and Figure 7, San Joaquin Plaza Sub-Area, respectively. PA2019-227 -I Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations North Newport Center Planned Community Development Plan 11 November 10, 2015October 21, 2019 II. Land Use and Development Regulations A. Permitted Uses 1. General Permitted uses are those uses set forth in this Section for each sub-area as shown on Table 1. The uses identified within the table are not comprehensive but rather major use categories. 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 Commercial Office, Regional Commercial, Mixed-Use, and Residential General Plan districts, the purpose of this Planned Community Development Plan, and the purpose of the sub-area in which the property is located. Table 1 - North Newport Center Land Use Regulation Table Uses Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 San Joaquin Plaza Commercial Office Residential Banks/Savings and Loans P P P P P P -- P - With drive through services MUP MUP MUP MUP MUP MUP -- MUP Business, Government and Professional -- P P P P P -- P - Emergency Healthcare -- P1 P P P P -- P - Management and Leasing Offices P P P P P P -- P - Office, Medical and Dental --MUP P P P P P -- P - Public Safety Facilities P MUP MUP P P MUP -- P Commercial Recreation and Entertainment P UP UP MUP MUP UP -- MUP Cultural and Institutional UP UP UP P P UP -- P Day Care P P P P P P -- P Day Spas MUP MUP2 MUP2 MUP MUP MUP2 -- MUP Eating and Drinking Establishments P* MUP MUP P** P** MUP -- P** - Bars/Cocktail Lounges MUP UP UP UP UP UP -- UP Personal Improvement MUP MUP MUP P P MUP -- P - Health/Fitness Clubs MUP P P P P P P+ P Personal Services P P1 P1 P P P1 P P Residential -- -- -- P P -- P P Retail Sales P P1 P1 P P P1 P+ P - Animal Sales and Services MUP -- -- MUP MUP -- -- MUP - Medical Retail P P++ P++ P P P++ -- P Visitor Accommodations UP UP UP UP UP UP -- UP P = Permitted UP = Use Permit MUP = Minor use Permit Issued by the Zoning Administrator 1 = Permitted as Accessory/Ancillary Use 2 = In accordance with Chapter 20.87 of the Municipal Code * = A Minor Use Permit Issued by the Zoning Administrator is required for the sale of alcohol ** = A Use Permit is required for the Sale of Alcohol + = Intended for Residential Support Use ++ = Accessory and ancillary medical retail, including those in freestanding structures, shall remain subordinate to principal uses -- = Not Permitted PA2019-227 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations North Newport Center Planned Community Development Plan 12 November 10, 2015October 21, 2019 2. Open Space Corners The passive landscape areas on the following corners shall be limited to landscaping, and permitted signage. San Joaquin Hills Road and Avocado, Avocado and San Nicolas Dr. (northwest and southwest corners), Avocado and San Miguel (northwest), San Joaquin Hills Road and Santa Rosa Dr. (southwest and southeast), San Joaquin Hills Road and Santa Cruz Dr. (southwest and southeast corners), San Joaquin Hills Road and Jamboree Road and San Joaquin Hills Road and MacArthur Boulevard. 3. Special Events The general regional Mixed-Use nature of North Newport Center results in a variety of special events and temporary uses throughout the year. Special community events, such as parades, trade shows, car shows, pageants, community concerts, outdoor displays, recreation/entertainment events and temporary structures are permitted within the North Newport Center Planned Community consistent with the following provisions: a. If the event takes place on private property within Fashion Island the event is not regulated so long as it does not displace required parking. Such events must comply with the City’s Municipal Code related to noise control and other pertinent standards. b. If the event takes place anywhere else within North Newport Center or the public right-of- way, such events are permitted as long as they comply with the Municipal Code. B. Development Limits The development limits in this Development Plan are consistent with those established by the General Plan and are identified in Table 2 below. Development limits may be modified through the approval of a Transfer of Development Rights. Carts, kiosks, temporary uses, and support uses are permitted and are not counted towards square footage development limits. Table 2 – Development Limits (A) Land Use Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 San Joaquin Plaza Total Regional Commercial 1,523,416 sq.ft. 0 0 0 0 0 0 1,523,416 sq.ft. Movie Theater 680 seats 11,000 sq.ft. 0 0 0 0 0 0 680 seats 11,000 sq.ft. Hotel (B) 0 0 0 295 0 0 295 Residential 0 0 0 0 0 245 524 769 Office/ Commercial 0(E) 121,114 sq.ft. (C) 91,727 sq.ft. 623,525 sq.ft. (D) 1,353,399 sq.ft. 286,166 sq.ft. 95,550 sq.ft. 2,571,481 sq.ft. A. Square footage indicated in Table 2 may not reflect current development limits because of the transfer of development rights provision described in Sections II.C and IV.C herein. Transfers may result in increased or decreased development limits, so long as the transfers are consistent with the General Plan and do not result in greater intensity than allowed in the Newport Center statistical area. A transfer of development rights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport Center Planned Community. B. Hotel rooms are permitted in Fashion Island through the transfer of development rights. C. The maximum development for Block 100 may not exceed 121,114 square feet. Transfers of development rights shall be permitted, provided the maximum development limit of 121,114 square feet is not exceeded. D. The development limit for Block 500 reflects the boundary adjustment and incorporation of two existing 12,000 sq. ft. office buildings into North Newport Center Planned Community. E. Office/Commercial intensity is permitted within Fashion Island, up to 15% of the overall square footage. PA2019-227 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations North Newport Center Planned Community Development Plan 13 November 10, 2015October 21, 2019 1. Fashion Island The total gross floor area for Fashion Island is 1,523,416 square feet plus 680 movie theater seats. The movie theater building area is equivalent to and may be converted to 11,000 square feet of retail development. The conversion of the movie theater to retail space shall not require any additional parking. The gross floor area for Regional Commercial development is the total horizontal floor area of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered parking, driveways or loading areas. 2. Mixed-Use Sub-Areas The Mixed-Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 524 residential units and 295 hotel rooms are permitted within the Mixed-Use blocks. Residential and hotel uses are measured on a per unit basis. 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, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Development limits for residential uses are based on unit counts, and are not within square footage limits. Support uses are not included in the square footage development limits and shall not require parking. 3. Commercial Office Blocks The maximum development limit for the commercial office blocks is specified in Table 2 above. The gross floor area for all 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, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Support uses are not included in the square footage development limits and shall not require parking. 4. Block 800 Residential The maximum number of dwelling units for multi-family residential use shall not exceed 245. 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 the General Plan. Development rights may be transferred through a change in location of use(s) and/or a conversion of non- residential use to any other non-residential use allowed by the General Plan and this Planned Community Development Plan or applicable zoning at the receiving site(s). Residential use may be relocated, but may not be converted to or from another use. The transfer of development rights shall be approved, as specified in Section IV.C below, if the transfer will not result in any adverse traffic impacts and will not result in greater intensity than development allowed without the transfer. PA2019-227 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration North Newport Center Planned Community Development Plan 25 November 10, 2015October 21, 2019 IV. Planned Community Development Plan Administration A. Process for New Structures 1. Purpose and Intent The purpose of the Plan Review process is to provide for review of development proposals for new structures within the North Newport Center Planned Community district. Prior to the issuance of a building permit, all development proposals shall be subject to a Plan Review by the Community Development Director for review to determine compliance with the Planned Community Development Plan and North Newport Center Design Regulations. Signs, tenant improvements, carts, kiosks, temporary structures and uses are exempt from this provision. 2. Submittal Contents Each Plan Review submittal or amendment thereof shall contain sufficient details for a thorough review of the relationships between uses on the site and on adjacent sites consistent with the Development Plan and the Design Regulations. At the discretion of the Community Development Director, the requirements for submittal of a Plan Review may be altered from those set forth below when the Director determines that other information will be sufficient to allow a thorough review of the project by the approving authority. Submittals for Plan Review shall include plans that contain the following elements in addition to the City’s submittal requirements for plan check: a. Existing Conditions including adjacent structures and proposed improvements b. Floor plans c. Elevations that clearly demonstrate the architectural theme of each face of all structures, including walls and signs, illustrating the following: 1) All exterior materials 2) All exterior colors 3) Building heights d. Parking management plan (where applicable) e. Preliminary Landscape Plan, illustrating: 1) General location of all plant materials, by common and botanical names 2) Size of plant materials 3) Irrigation concept f. Lighting Plan, including: locations, fixture height, lighting fixture product type and technical specification g. Permitted and proposed floor area, number of hotel rooms, theater seats, and/or residential units h. Statement of consistency with the General Plan, Planned Community Development Plan and Design Regulations i. Any additional background and supporting information, studies or materials that the Community Development Director deems necessary for a clear representation of the projects j. Shade analysis if required k. Open Space Plans for residential projects PA2019-227 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration North Newport Center Planned Community Development Plan 26 November 10, 2015October 21, 2019 3. Review and Action Submittals shall be reviewed by the Community Development Director, and the Community Development Director shall approve the project if he/she makes the following findings: a. The proposed use and/or development is consistent with the General Plan. b. The proposed use and/or development is consistent with the North Newport Center PC Development Plan and Design Regulations. The Community Development Director shall notify the Planning Commission and City Council if deviations from the height limit are approved. If the project includes a conversion of square footage from one use to a different use, the City Traffic Engineer shall perform a traffic analysis to determine the total number of PM peak hour trips that would be generated by development allowed with and without the conversion. Trip generation rates shall be based on standard trip generation values in the current version of ITE’s “Trip Generation,” unless the Traffic Engineer determines that other rates are more valid for the uses involved in the conversion. The Community Development Director action is the final action unless appealed in accordance with the Municipal Code. B. Process for New Signs Applications for new signs shall follow the process identified in the Municipal Code. Submittal shall be reviewed for consistency with the Development Plan and Design Regulations. C. Transfer of Development Rights The following procedure shall be used for the transfer of development rights. 1. The project applicant shall submit an application to the Community Development Director, which identifies the quantity of entitlement (floor area, hotel rooms, theater seats) to be relocated, and the sending and receiving sites. If the requested transfer includes the conversion of non-residential uses, the application shall also identify the quantity of entitlement, by use category, before and after the transfer. 2. The City Traffic Engineer shall perform a traffic analysis to determine the total number of PM peak hour trips that would be generated by development allowed with and without the transfer. Trip generation rates shall be based on standard trip generation values in the current version of ITE’s “Trip Generation,” unless the Traffic Engineer determines that other rates are more valid for the uses involved in the transfer. 3. Depending on the location of the sending and receiving sites, the Traffic Engineer may determine that a more detailed traffic analysis is required to determine whether adverse traffic impacts will result from the transfer. This analysis shall demonstrate whether allowed development, with and without the transfer, would either cause or make worse an unsatisfactory level of service at any primary intersections for which there is no feasible mitigation. This analysis shall be consistent with the definitions and procedures contained in the Traffic Phasing Ordinance of the Municipal Code, except that “unsatisfactory level of service” shall be as specified in the General Plan. 4. If the transfer request involves the conversion of uses, the Community Development Director shall perform a land use intensity analysis to determine the floor area that could be developed with and without the transfer. For purposes of this analysis, theater use shall be allocated 16.1765 square feet per seat. Hotel use shall be allocated the number of square feet PA2019-227 Environmental Information Form Community Development Department Planning Division 100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915 (949)644-3204 Telephone / (949)644-3229 Facsimile www.newportbeachca.gov F:\Users\CDD\Shared\Admin\Planning_Division\Applications\EIR\Info&App.docx Updated 7/24/13 Instructions The Environmental Information Form is intended to provide the basic information necessary for the evaluation of your project to determine its potential environmental effects. This review provides the basis for determining whether the project may have a significant effect on the environment, as required by state law. After this information has been evaluated by the Planning Department, a determination will be made regarding the appropriate environmental documentation for your project. If no significant environmental effects are anticipated, or if impacts can be mitigated or avoided by a change or specific requirement in the project's design or operation, a Negative Declaration will be prepared. If potential significant environmental effects are identified, an Environmental Impact Report must be prepared which focuses on the areas of concern identified by the Initial Study. After preliminary review of your application and the Environmental Information Form, you may be notified that additional information or technical studies will be required (e.g., traffic study, geotechnical survey, etc.) before an environmental determination can be made. Processing Schedule The time required to process the environmental analysis for your project will depend on the nature and complexity of the proposal and the location of the project. If possible, the Planning Department will set a target date for public hearing at the time your application is determined to be complete. If special studies are required (e.g., traffic study, biological assessment), the hearing date cannot be set until these studies are completed. If a Negative Declaration is prepared, a 30-day public review period is normally required prior to the public hearing. Staff will notify you regarding the hearing schedule for your project as soon as possible. Filing Fee A $750 deposit is due at the time the form is submitted. Hourly charges will be accumulated for processing activities. The applicant shall pay all such costs prior to final action on the related project or as soon thereafter as such costs may be finally determined. If a Special Study, Negative Declaration or an Environmental Impact Report is required, the City will retain a consultant with the cost to be fully funded by the applicant. In addition, the applicant may be required to pay a California Department of Fish and Game (DFG) review fee. Planning Department staff will advise you regarding the applicability of DFG fees after the environmental review is completed. PA2019-227 Environmental Information Form Community Development Department Planning Division 100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915 (949)644-3204 Telephone / (949)644-3229 Facsimile www.newportbeachca.gov F:\Users\CDD\Shared\Admin\Planning_Division\Applications\EIR\Info&App.docx Updated 7/24/13 A. General Information Applicant/Agent: _____________________________________________ Phone: __________________ Address: ____________________________________________________________________________ Property Owner: ______________________________________________ Phone: _________________ Address: ____________________________________________________________________________ B. Project Description Please attach the following materials for the project: •Vicinity map •Plans drawn to scale •Proposed revisions to zoning map and text using underline •At least 3 different site photos mounted on 8 1/2 X 11 cardboard with a key map showing the photo locations and direction of view and strikeout notation, if applicable 1.Project name: ________________________________________________________________________ 2.Project location: ______________________________________________________________________ 3.Assessor's parcel #: _________________________4.Permit application #: _____________ 5a. Proposed use: _______________________________________________________________________ 5b. Project size (dwelling units, gross floor area, etc): ____________________________________________ 5c. Site size: _________________________________ 5d. Building height: ____________________ 6.Existing land use designations: General Plan: _____________________________ Zoning: _____________________________ Specific Plan: _____________________________LCP: _______________________________ 7.Previous governmental approvals: ________________________________________________________ 8.Other governmental approvals required: Federal: _________________________________State: ______________________________ Regional: ________________________________ Local: ______________________________ 9.Begin Construction Date: ____________________Estimated Occupancy Date: _____________ OR 2011, OR 2015-31, OR 2015-32 PA2019-227 F:\Users\CDD\Shared\Admin\Planning_Division\Applications\EIR\Info&App.docx Updated 7/24/13 C. Environmental Setting 1.Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe and existing structures on the site, and the use of the structures. Attach photographs of the site. 2.Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-backs, rear yard, etc.). Attach photographs of vicinity. D. Potential Environmental Effects On a separate page, please provide the following information. If the question is not applicable, indicate "Not applicable" or "None". I. AESTHETICS Describe whether the project could potentially obstruct any scenic vista or view open to the public, or create an aesthetically offensive site open to public view. Could the project block any private views? Describe exterior lighting that is proposed for the project and means that will be utilized to reduce light and glare impacts on surrounding properties. II.AGRICULTURE & FOREST RESOURCES Describe any agricultural and/or forest land resources presently located at the project site. Describe any changes to this resource as a result of the implementation of the proposed project. III.AIR QUALITY Describe any air emissions or odors that could result from the project, including emissions duri ng construction, and any measures that are proposed to reduce these emissions. IV.BIOLOGICAL RESOURCES Describe the existing vegetation on the site, and any trees or large shrubs that are to be removed. Identify any fish or wildlife that inhabits the site. V. CULTURAL RESOURCES Please indicate whether any archaeological or paleontological surveys have been done on the site. Could the project result in any adverse physical or aesthetic effects to any building, structure, or object having historical, cultural, or religious significance? VI.GREENHOUSE GAS EMISSIONS Describe any greenhouse gas emissions that could result from the project, including emissions during construction, and any measures that are proposed to reduce these emissions. Please include a description of energy and water conservation features or practices proposed (i.e, low-energy lighting, use of ENERGY STAR appliances/fixtures, LEED Certification, drought-tolerant landscaping). VII.GEOLOGY AND SOILS Please describe the earthwork that will be required for the project. Include grading quantities, and the location of borrow or stockpile sites, and haul routes, if applicable. Describe any geotechnical or soils investigations that have been conducted. Include exhibits showing existing and proposed topography, retaining walls, and erosion control devices. PA2019-227 F:\Users\CDD\Shared\Admin\Planning_Division\Applications\EIR\Info&App.docx Updated 7/24/13 VIII. HAZARDS AND HAZARDOUS MATERIALS Identify any aspects of the project that could present a risk to public health due to normal operations, or due to an explosion or the release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation) in the event of an accident or spill. Is there any possibility that the site could be contaminated due to previous uses or dumping? If so, what measures are proposed to eliminate the hazard or contamination? Is the project located in a flood hazard zone? IX. HYDROLOGY AND WATER QUALITY Describe existing and proposed site drainage, and measures that will be employed to reduce erosion and prevent contaminated runoff from entering the storm drain system, groundwater or surface water. Describe any changes that could occur in groundwater or surface water. X. LAND USE AND PLANNING Describe: a) the existing land uses and structures on the project site and on adjacent parcels; b) the project's conformance with existing land use plans and regulations for the property; and c) its compatibility with surrounding land uses. XI. MINERAL RESOURCES Describe the affect on any adopted energy conservation plan, use of nonrenewable resources and whether the project will result in the loss of any known mineral resource of future value to the region and residents of the State. XII. NOISE Describe any sources of noise that impact the site, and any noise-generating equipment that will be utilized on the property, either during construction or after occupancy. What means to reduce noise impacts on surrounding properties or building occupants are proposed? XIII. POPULATION AND HOUSING If the project is residential, please explain how the project will comply with the affordable housing policies contained in the Housing Element of the General Plan. Identify the number of bedrooms per unit and the expected average household size? What is the projected sales price or rent of the units? If the project is commercial, industrial, or institutional, please identify the tenants and/or uses and the estimated number of employees. XIV. PUBLIC SERVICES Please identify whether adequate capacity currently exists for the following public services and utilities. If expansion is needed, explain how it will be accomplished. Please attach any written confirmation of capacity you have received from service providers. • Fire protection • Police protection • Schools • Maintenance of Public facilities, including roadways • Other Government Services XV. RECREATION Describe the impact of the project on the demand for neighborhood regional parks or other recreational facilities and any affect on existing recreational opportunities. XVI. TRANSPORTATION/TRAFFIC Please identify any changes or improvements to the circulation system that are proposed as part of the project (including pedestrian and bicycle paths, and public transit). PA2019-227 F:\Users\CDD\Shared\Admin\Planning_Division\Applications\EIR\Info&App.docx Updated 7/24/13 XVII.UTILITIES & SERVICE SYSTEMS Please identify whether adequate capacity currently exists for the following public services and utilities. If expansion is needed, explain how it will be accomplished. Please attach any written confirmation of capacity you have received from service providers. • Natural gas •Communications Systems • Local or regional water treatment or distribution facilities • Sewer systems or septic tanks • Storm water drainage systems • Solid waste and disposal Police protection • Local or regional water supplies E. Certification I certify that the statements furnished above and in the attached exhibits are correct and complete to the best of my knowledge and belief. I am the legal owner of the property that is the subject of this application or have been authorized by the owner to act on his behalf regarding this application. I further acknowledge that any false statements or information presented herein may result in the revocation of any approval or permit granted on the basis of this information. _____________________________________ _____________________________________ ____________ Print Name and Title Signature Date DO NOT COMPLETE APPLICATION BELOW THIS LINE – OFFICE USE ONLY Date Filed: __________________ Fee Pd: __________________ Receipt No: __________________ Form of Payment: _____________Check # (if applicable): _____________Rec’d by: ______________ Remarks: _________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ 11-1-19 PA2019-227 1 B. Project Description The project is a General Plan Amendment and Planned Community Amendment to allow for commercial office use within the Fashion Island regional commercial shopping center. A General Plan Amendment is required to incorporate Commercial Office as an allowable land use within the Regional Commercial designation. The Regional Commercial designation allows for retail, entertainment, and service and supporting uses that serve local and regional residents. Automobile sales, repair and service facilities, professional offices, single-destination, and other highway-oriented uses are not permitted. The Regional Commercial designation would be amended as follows: The Regional Commercial designation is intended to provide retail, entertainment, service, commercial office, and supporting uses that serve local and regional residents. Typically, these uses are integrated into a multi-tenant development that contains one or more “anchor” uses to attract customers. Automobile sales, repair and service facilities, professional offices, single- destination, and other highway-oriented uses are not permitted. The Planned Community Amendment to the North Newport Center Planned Community (NNCPC) would allow for commercial office within Fashion Island, through approval of a Minor Use Permit. The Planned Community Amendment would allow for the conversion of retail square footage within Fashion Island for use as office square footage and would establish a cap on the amount of office square footage. Currently, the permitted land uses within Fashion Island include retail, restaurant, entertainment, bank, day care, health and fitness, and personal services. The amendment would allow for the conversion of existing retail square footage to office square footage, not to exceed 15% of total gross floor area. The proposed project does not include an increase in development intensity within the NNCPC boundary. C. Environmental Setting 1. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. North Newport Center Planned Community (NNCPC) is made up of seven sub-areas that include Fashion Island, Block 600, Block 800, and portions of Block 100, Block 400, Block 500, and San Joaquin Plaza. The area is a regional magnet of business and commerce that includes major retail, professional office, entertainment, recreation, and housing in a master planned mixed-use development. Specific components include a regional shopping center (Fashion Island mall), the Island Hotel, and sub-areas of mixed uses including high-rise professional offices, general and medical offices, and commercial uses. The location of NNCPC is depicted on Exhibit 1, Regional Location Map. PA2019-227 2 The area is accessed via surface streets that feed from Newport Center Drive, MacArthur Boulevard, San Joaquin Hills Road, Jamboree Road, and Pacific Coast Highway. An internal network of pedestrian sidewalks allows access via crosswalks at several locations. The location and boundaries of the existing NNCPC are graphically depicted in Exhibit 2. Exhibit 3 shows an aerial view of the NNCPC. Topography on site, which is already developed, slopes generally from north to south and is highest in the northeasterly section and descending towards the southwest. In terms of soil stability, the marine terrace soils on the site are essentially composed of weakly cemented to loose sands and silty sands. No cultural or historical resources of significance exist on site. The site is not designated as a scenic vista, nor is it located within a scenic preservation zone. 2. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-backs, rear yard, etc.). Attach photographs of vicinity. The area within Fashion Island is centrally located within NNCPC and is fully developed. The land surrounding Fashion Island is primarily developed with commercial, residential, and hotel uses. To the north is Block 600 consisting of commercial office uses. Blocks 500 and 400, which include office use, are located easterly of Fashion Island. Blocks 700 and 800, which include hotel, commercial and multi-family residential uses, are located westerly of Fashion Island. Block 100, which has office use, is located to the south, and Newport Beach Country Club is located to the southwest. No changes to the NNCPC boundaries are proposed, and the site is generally bound by Jamboree Road, San Joaquin Hills Road, MacArthur Boulevard, and Pacific Coast Highway. Based on the City of Newport Beach Final Environmental Impact Report for the General Plan Update, no historic resources exist within Newport Center or the surrounding area. The nearest historic resources are located on Balboa Island. D. Potential Environmental Effects Before delving into a detailed discussion of the potential environmental impacts of the proposed project, it is necessary to discuss the Program Environmental Impact Report (PEIR), which serves as a foundation for the analysis of the impacts of the project on the environment. The PEIR analyzes build-out of the City of Newport Beach and specifically addresses full implementation of entitlements for North Newport Center. Section 15168(a) of the CEQA Guidelines defines a Program EIR as: “… an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) Geographically, (2) As logical parts in the chain of contemplated actions, PA2019-227 3 (3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program, or (4) As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways.”1 If the agency finds that pursuant to §15162, no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required.”2 Section 15162 states that a subsequent EIR is not necessary in the absence of the following: (1) substantial changes to the project, (2) substantial changes to the project circumstances, or (3) new information of substantial importance.3. Page 1-1 of the PEIR states: “This EIR has been prepared as a Program EIR pursuant to §15168 of the CEQA Guidelines. This EIR will review the existing conditions of the City of Newport Beach and the Planning Area, analyze potential environmental impacts from implementation of the proposed General Plan Update, identify policies from the proposed General Plan Update that serve to reduce and minimize impacts, and identify additional mitigation measures, if necessary, to reduce potentially significant impacts of the General Plan Update.” This text confirms that the EIR is a Program EIR for the implementation of the General Plan Update. The PEIR contemplates those uses included in the General Plan Update. Under §15168(e), when a law other than CEQA requires public notice of the City’s approval of the proposed project, the City shall include the following information in the notice: (1) the project is within the scope of the program approved earlier, and (2) the program EIR adequately describes the project under CEQA. Page 1-4 of the PEIR states: “This EIR has been prepared to analyze potentially significant environmental impacts associated with future development resulting from implementation of the proposed General Plan Update, and also addresses appropriate and feasible mitigation measures or project alternatives that would minimize or eliminate these impacts.” Page 1-5 of the PEIR states: “The proposed General Plan Update will serve as a comprehensive document that will guide future potential growth and development within the City… The EIR will analyze all aspects of the proposed General Plan Update to determine whether any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment with regards to the environmental issues [identified in the EIR].” The PEIR directly addresses land use changes due to full implementation of entitlements for the seven sub-areas that make up NNCPC under the General Plan Update, as detailed below. The PEIR identified changes in land use for Fashion Island, Block 500, Block 600, and San Joaquin Plaza 1 California Code of Regulations, Title 14, §15168(a) (2007) 2 California Code of Regulations, Title 14, §15168(c)(2). 3 California Code of Regulations, Title 14, §15162(a) PA2019-227 4 under the General Plan Update. Page 3-15 of the PEIR states: “The Plan allows for expanded retail opportunities at Fashion Island, including an additional anchor department store and ancillary shops, another hotel or additions to existing hotels, and 600 additional housing units.” The Draft EIR for the City of Newport Beach General Plan analyzed 600 housing units in Newport Center, which includes Fashion Island, Block 500, Block 600, and San Joaquin Plaza. The General Plan and Municipal Code allows for the conversion of land uses if the overall intensity established in the General Plan is not increased. The conversion to office use will not increase the overall density/intensity allowed by the General Plan, because if a project includes a conversion of land use, PM peak trips for the converted use must remain at the same or lower rate than the prior use. Traffic generation/congestion would be equal to or less than what would result with development prior to the conversion. The environmental setting of the Program EIR has not changed since it was certified in 2006. There is no new information requiring new environmental analysis, and the proposed project will not increase development intensities beyond those studied in the Program EIR. The proposed project therefore requires no additional environmental review, consistent with §15162 and §15168 of the CEQA Guidelines. I. AESTHETICS Describe whether the project could potentially obstruct any scenic vista or view open to the public, or create an aesthetically offensive site open to public view. Could the project block any private views? Describe exterior lighting that is proposed for the project and means that will be utilized to reduce light and glare impacts on surrounding properties. The NNCPC is not designated as a scenic vista, nor is it located in a scenic preservation zone. There are no officially designated scenic highways within the City of Newport Beach. Building height within the PC boundary will not change. Any development of the sub-area consistent with the NNCPC will complement existing buildings and will not create a significant shadow or shading impact. II. AGRICULTURE AND FORESTRY RESOURCES Describe any agricultural and/or forest land resources presently located at the project site. Describe any changes to this resource as a result of the implementation of the proposed project. The project area is not designated as farmland by the California Department of Conservation, Farmland Mapping Program. The site has been fully developed for approximately 50 years, and no farmland exists within close proximity to Newport Center. Full implementation of entitlements in the NNCPC will have no significant agricultural impacts. PA2019-227 5 III. AIR QUALITY Describe any air emissions or odors that could result from the project, including emissions during construction, and any measures that are proposed to reduce these emissions. The project does not propose additional development intensity that has not been considered in the City’s General Plan and General Plan EIR, and there will be no change to the existing development intensity contained in current zoning. Development of existing entitlement consistent with the General Plan and the NNCPC has been considered and would not be expected to increase emissions beyond what was identified in the General Plan EIR. As no change in anticipated development in the statistical area is proposed, no impacts will occur. IV. BIOLOGICAL RESOURCES Describe the existing vegetation on the site, and any trees or large shrubs that are to be removed. Identify any fish or wildlife that inhabits the site. The Newport Center area is a regional center of business and commerce that includes major retail, professional office, entertainment, recreation, and housing in a master planned, mixed- use development. No wetlands or riparian habitat community exists on the site, which has been fully developed for approximately 50 years. The project would not have a substantial adverse effect on any species identified by the California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service as a species for concern, because the site contains no habitat suitable for wildlife. The project does not propose any new development, and there will be no change to the existing General Plan development limits. Therefore, the project will have no impacts. V. CULTURAL RESOURCES Please indicate whether any archaeological or paleontological surveys have been done on the site. Could the project result in any adverse physical or aesthetic effects to any building, structure, or object having historical, cultural, or religious significance? The project site is not identified as a historic area or an area containing historical resources by the General Plan. Also, the project does not propose any additional development. Therefore, no impacts to cultural, historical, archaeological, or paleontological resources will occur. VI. GREENHOUSE GAS EMISSIONS Describe any greenhouse gas emissions that could result from the project, including emissions during construction, and any measures that are proposed to reduce these emissions. Please include a description of energy and water conservation features or practices proposed (i.e., low-energy lighting, use of ENERGY STAR appliances/fixtures, LEED Certification, drought-tolerant landscaping). PA2019-227 6 The project does not propose new development and would not increase intensity. Any future development is required to comply with City General Plan and Municipal Code standards as well as state mandates that implement energy and water conservation measures to reduce greenhouse gas emissions. VII. GEOLOGY AND SOILS Please describe the earthwork that will be required for the project. Include grading quantities, and the location of borrow or stockpile sites, and haul routes, if applicable. Describe any geotechnical or soils investigations that have been conducted. Include exhibits showing existing and proposed topography, retaining walls, and erosion control devices. Existing topography consists of terrain that slopes gently from north to south. The natural topography is highest in the northeasterly section of Newport Center and descends towards the southwest portion of Newport Center. No development is proposed, and the project will not result in any new impacts related to geology and soils. VIII. HAZARDS AND HAZARDOUS MATERIALS Identify any aspects of the project that could present a risk to public health due to normal operations, or due to an explosion or the release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation) in the event of an accident or spill. Is there any possibility that the site could be contaminated due to previous uses or dumping? If so, what measures are proposed to eliminate the hazard or contamination? Is the project located in a flood hazard zone? The project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The project is not located in a flood hazard zone. There are no existing or proposed uses on site that would result in dumping of hazardous materials. IX. HYDROLOGY AND WATER QUALITY Describe existing and proposed site drainage, and measures that will be employed to reduce erosion and prevent contaminated runoff from entering the storm drain system, groundwater or surface water. Describe any changes that could occur in groundwater or surface water. The project does not propose new development. The existing drainage systems have been designed to handle runoff from buildings that currently exist in the NNCPC. All development in the City is required to comply with state and local water quality programs, as well as measures set forth in the General Plan and the Municipal Code, which are designed to reduce erosion and prevent contaminated runoff from entering the storm drain system, groundwater, or surface water. PA2019-227 7 X. LAND USE AND PLANNING Describe: a) the existing land uses and structures on the project site and on adjacent parcels; b) the project’s conformance with existing land use plans and regulations for the property; and c) its compatibility with surrounding land uses. The General Plan land use designation for Fashion Island is Regional Commercial. Land use designations for Block 500, Block 600, and San Joaquin Plaza are Mixed Use Horizontal and Open Space. Block 100 is Regional Commercial Office, Block 400 is Medical Commercial Office, and Block 800 is Multiple Unit Residential and Regional Commercial Office. Uses permitted in NNCPC include but are not limited to retail, professional office, hotel, entertainment, recreation, and residential. Existing uses within the NNCPC are as follows: • Fashion Island is a regional retail commercial center that has the following land uses: retail, restaurants, bars, and theater/nightclubs. • Block 100 includes administrative and professional offices. • Block 400 includes medical-related offices, short-term convalescent and long-term care services, professional offices, retail and other similar uses. • Block 500 includes office, administrative, professional, and financial uses. • Block 600 includes hotel, office, administrative, professional and financial and accessory uses. • Block 800 allows for multi-family residential and commercial office. • San Joaquin Plaza includes business and professional office uses. Commercial office uses surround Fashion Island, and the project would allow for the introduction of office use in Fashion Island, where currently it is not permitted. An amendment to the NNCPC and the General Plan is required to permit office use in Fashion Island, which would be implemented through the conversion of existing retail square footage. There would be a 15% cap on office use within Fashion Island, and intensity and traffic would not be increased as a traffic analysis will be performed to ensure that the intensity of the converted land use remains the same or lower than the prior land use. Portions of the NNCPC are located within the John Wayne Airport Environs Land Use Plan (AELUP) height restriction zone. The City is required to submit the Planned Community Amendment to the Airport Land Use Commission (ALUC) for a determination of consistency in accordance with AELUP Section 4.3. PA2019-227 8 XI. MINERAL RESOURCES Describe the effect on any adopted energy conservation plan, use of nonrenewable resources and whether the project will result in the loss of any known mineral resource of future value to the region and residents of the State. The project does not propose new development and would not result in the loss of availability of either a known mineral resource or a locally important mineral resource recovery site. The NNCPC is classified as an area containing known mineral occurrences of undetermined mineral resource significance. Implementation of the project would not result in any impact in the area of mineral resources. XII. NOISE Describe any sources of noise that impact the site, and any noise-generating equipment that will be utilized on the property, either during construction or after occupancy. What means to reduce noise impacts on surrounding properties or building occupants are proposed? The Newport Center area is a highly urbanized mixed-use area that is subject to traffic-related noise. The NNCPC is within the AELUP height restriction zone for John Wayne Airport. However, the site is not within either the 60 or 65 CNEL Noise Contour; therefore, flight operations will not result in a significant increase to the existing noise environment within the NNCPC. In addition, land uses within the AELUP boundaries must conform to noise standards, and safety and height restrictions. Noise impacts from build out of the NNCPC were previously analyzed, and no new development is proposed as a part of this project. Therefore, the project will not result in any significant impacts related to noise. XIII. POPULATION AND HOUSING If the project is residential, please explain how the project will comply with the affordable housing policies contained in the Housing Element of the General Plan. Identify the number of bedrooms per unit and the expected average household size. What is the projected sales price or rent of the units? If the project is commercial, industrial, or institutional, please identify the tenants and/or uses and the estimated number of employees. The NNCPC includes residential as a permitted use. However, the project does not include residential uses, as NNCPC and General Plan amendments are strictly to permit office use within Fashion Island. The amendment would allow for existing retail square footage within Fashion Island to be converted to office square footage not to exceed a cap of 15% of total gross floor area. No new development is proposed. PA2019-227 9 XIV. PUBLIC SERVICES Please identify whether adequate capacity currently exists for the following public services and utilities. If expansion is needed, explain how it will be accomplished. Please attach any written confirmation of capacity you have received from service providers. • Fire protection • Police protection • Schools • Maintenance of Public facilities, including roadways • Other Government Services Adequate fire and police protection services exist for the greater Newport Center area. No schools or libraries will be impacted, because no additional development is proposed. No impacts will occur to public services with implementation of the project. XV. RECREATION Describe the impact of the project on the demand for neighborhood regional parks or other recreational facilities and any effect on existing recreational opportunities. The Service Area that includes the NNCPC enjoys a park surplus, while the City on the whole has a park deficit. The General Plan EIR analyzed impacts to recreation facilities based on full build- out of entitlements. Payment of park fees has been included in the approval process for development in the NNCPC. Therefore, no new impacts to parks or recreation facilities will result from the project. XVI. TRANSPORTATION/TRAFFIC Please identify any changes or improvements to the circulation system that are proposed as part of the project (including pedestrian and bicycle paths, and public transit). Traffic and parking impacts have been addressed in the General Plan EIR related to retail traffic allocated in the General Plan. The proposed project would not increase intensity and traffic as a traffic analysis will be performed to ensure that the intensity of the converted land use remains the same or lower than the prior land use. The introduction of office use within Fashion Island will not result in parking impacts, as the existing retail use in Fashion Island requires a higher parking rate as compared to the proposed office use. PA2019-227 10 XVII. UTILITIES & SERVICE SYSTEMS Please identify whether adequate capacity currently exists for the following public services and utilities. If expansion is needed, explain how it will be accomplished. Please attach any written confirmation of capacity you have received from service providers. • Natural gas • Communications Systems • Local or regional water treatment or distribution facilities • Sewer systems or septic tanks • Storm water drainage systems • Solid waste and disposal Police protection • Local or regional water supplies Utility systems are in place within the entire NNCPC area, and no new or expanded systems will be required, because no development or increase in intensity is proposed. There will be no impacts to utilities and service systems greater than what was previously analyzed in the General Plan EIR. PA2019-227