HomeMy WebLinkAboutPC2022-003 - RECOMMENDING CITY COUNCIL ADOPTION OF ENVIRONMENTAL IMPACT REPORT ADDENDUM NO. ER2022-001, SITE DEVELOPMENT REVIEW NO. SD2021-003, AFFORDABLE HOUSING IMPLEMENTATION PLAN NO. AH2022-001, TRAFFIC STUDY NO. TS2022-001, AND TRANSFER OF DEVELOPMERESOLUTION NO. PC2022-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL ADOPTION OF ENVIRONMENTAL IMPACT REPORT ADDENDUM NO. ER2022-001, SITE DEVELOPMENT REVIEW NO. SD2021-003, AFFORDABLE HOUSING IMPLEMENTATION PLAN NO. AH2022-001, TRAFFIC STUDY NO. TS2022-001, AND
TRANSFER OF DEVELOPMENT RIGHTS NO. TD2022-001 FOR THE RESIDENCES AT 1300 BRISTOL PROJECT LOCATED AT 1300 BRISTOL STREET (PA2021-161) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS. 1. An application was filed by BCD Newport Beach, LLC (“Applicant”), with respect to property
located at 1300 Bristol Street, and legally described in Exhibit “A” attached hereto and
incorporated herein by reference (“Property”). 2. The Applicant is requesting an approval for the development of 193 apartment units, including a 346-space subterranean parking structure (“Project”). The following approvals
are requested or required in order to implement the Project as proposed:
• Major Site Development Review (“SD”) - A site development review in accordance with the Newport Place planned community and Section 20.52.80 (Site Development
Reviews) of the Newport Beach Municipal Code (“NBMC”), for the construction of the Project;
• Traffic Study (“TS”) - A traffic study pursuant to Chapter 15.40 (Traffic Phasing
Ordinance) of the NBMC;
• Affordable Housing Implementation Plan (“AHIP”) - A program specifying how the Project would meet the City’s affordable housing requirements, in exchange for a
request of 50 percent increase in density. The Applicant seeks six (6) development
standard waivers related to park land dedication, building setbacks, building height, private open space for each residential unit, common open space for the entire Project, and overall residential project density pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law).
The Applicant also seeks two (2) development concessions related to the mix of
affordable units and park in-lieu fee payment, pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915;
• Transfer of Development Rights (“TDR”) – A transfer of development rights for 77
residential dwelling units from the Uptown Newport Development located at 4311
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Jamboree Road to the subject site, pursuant to Chapter 20.46 (Transfer of Development Rights) of the NBMC; and
• Addendum to the 2006 General Plan Update Program Environmental Impact Reports (“Addendum”) - Pursuant to the California Environmental Quality Act (“CEQA”), the addendum addresses reasonably foreseeable environmental impacts
resulting from the Project
3. The Property is designated MU-H2 (Mixed-Use Horizonal 2) by the City of Newport Beach General Plan (“General Plan”) Land Use Element and located within the General Commercial Site 4 of Newport Place Planned Community (PC11) Zoning District.
4. The Property is not located within the coastal zone. 5. A public hearing was held on February 17, 2022 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was
given in accordance with Government Code Section 54950 et seq. (“Ralph M. Brown
Act”), and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. On July 25, 2006, the City Council adopted Resolution No. 2006-75, thereby certifying the adequacy and completeness of the Environmental Impact Report (“EIR”) for the General Plan Update (SCH No. 2006011119). The EIR was prepared in compliance with CEQA Guidelines set forth in the California Public Resources Code Section 21000 et seq. and
its implementing State regulations set forth in the California Code of Regulations Title
14, Division 6, Chapter 3 (“CEQA Guidelines”) and City Council Policy K-3. Additionally, in accordance with Section 15168(a) of the CEQA Guidelines, the City prepared the EIR as a Program Environmental Impact Report (“PEIR”). This PEIR analyzed the potential impacts of a citywide land use plan, and the goals and policies of 10 general plan elements.
Additionally, on November 22, 2011, the City Council adopted General Plan Amendment No. GP2008-003, thereby approving the City of Newport Beach Housing Element Update (2008-2014) and its associated Housing Element and Initial Study/Negative Declaration under CEQA. The PEIR and Initial Study/Negative Declaration are collectively referred to
herein as the “PEIR”.
2. Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an EIR has been certified for a project, no subsequent EIR is required unless the lead agency determines, on the basis of substantial evidence
in the light of the whole record, one or more of the following:
a. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant
effects;
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b. Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR due
to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or c. New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the
previous EIR was certified as complete, shows any of the following: i. The project will have one or more significant effects not discussed in the previous EIR;
ii. Significant effects previously examined will be substantially more severe than shown in the previous EIR; iii. Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or iv. Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or more
significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. 3. As the Project is within the allowable residential land use and density in the General
Plan and analyzed in the PEIR, an Addendum to PEIR was prepared pursuant to Section
15162 (Subsequent EIRs and Negative Declarations) and 15164 (Addendum to an EIR or Negative Declaration) of the CEQA Guidelines. 4. The following environmental topics were analyzed for the Project: Aesthetics, Air
Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils,
Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire. The Addendum includes analysis of new topics that were not included in the previous
EIRs; specifically, it includes a new energy section and a new wildfire section. These
additional analyses are appropriate for inclusion in the Addendum, but none result in new or increased significant impacts that would require preparation of a subsequent EIR pursuant to Section 15162 of the CEQA Guidelines.
5. On the basis of the PEIR and entire environmental review record, the Project will not result
in any new significant impacts that were not previously analyzed in the PEIR. The Addendum confirms and provides substantial evidence that the potential impacts associated with this Project would either be the same or less than those described in either the PEIR, as mitigated by applicable mitigation measures in the PEIR. In addition, there
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are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously
addressed in either the PEIR, nor has any new information regarding the potential for new
or more severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental document for the Project. In taking action to approve any of the requested applications for the Project, the data presented in the PEIR, as augmented
by the Addendum for this Project, are considered as part of the record.
6. The Addendum to the PEIR, is hereby recommended for adoption by the City Council given its analysis and conclusions. The Addendum to the PEIR and related and referenced documentation, constitute the administrative record upon which this decision was based,
are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach,
California. 7. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger.
SECTION 3. REQUIRED FINDINGS. Major Site Development Review
In accordance with Section 20.52.080(F) (Site Development Reviews – Findings and
Decisions) of the NBMC, the following findings and facts in support of such findings are set forth as follows: Finding:
A. The proposed development is allowed within the subject zoning district. Fact in Support of Finding:
The Property is located within General Commercial Site 4 of the Newport Place Planned
Community (PC11) with a residential overlay. The residential overlay allows for residential development consistent with the Mixed-Use Horizontal 2 (MU-H2) land use designation and subject to site development review.
Finding:
B. The proposed development is in compliance with all of the following applicable criteria:
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i. 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;
ii. The efficient arrangement of structures on the site and the harmonious relationship
of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on
the site and adjacent developments and public areas; iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including
drive aisles, driveways, and parking and loading spaces;
v. The adequacy and efficiency of landscaping and open space areas and the use of
water efficient plant and irrigation materials; and
vi. The protection of significant views from public right(s)-of-way and compliance with
NBMC Section 20.30.100 (Public View Protection).
Facts in Support of Finding:
1. The Property is located in the Airport Area and has a City of Newport Beach General Plan
Land Use Element designation of MU-H2 (Mixed-Use Horizontal 2), which provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The MU-H2 designation applies to a majority of properties in the Airport
Area outside the high noise levels from John Wayne Airport. The MU-H2 designation allows
a maximum of 2,200 residential units as replacement of existing office, retail, and/or industrial uses at a maximum density of 50 units per net acre. Any eligible density bonus allowed by Government Code Section 65915 (Density Bonus Law) and Chapter 20.32 (Density Bonus) of the NBMC are not included in the 2,200 allowance or the 50 dwelling
units per acre standard.
The City of Newport Beach General Plan contains a number of policies that provide for the orderly development of the MU-H2 properties in the Airport Business Area, from a business park, to a mixed-use district with cohesive residential villages integrated within the existing fabric of office, industrial, retail, and airport-related businesses. Residential opportunities
are to be developed as clusters of residential villages centering on neighborhood parks and
interconnected by pedestrian walkways. These would contain a mix of housing types and buildings that integrate with ground level retail and residential uses at a sufficient scale to achieve a complete neighborhood.
2. The Project is consistent with the following City of Newport Beach General Plan policies
that establish fundamental criteria for the formation and implementation of new residential
villages in the Airport Business Area (additional policy analysis is included in the EIR Addendum attached hereto as Exhibit “B”):
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a. Land Use Element Policy LU 2.3 Range of Residential Choices. Provide opportunities for the development of residential units that respond to community and regional needs
in terms of density, size, location, and cost. Implement goals, policies, programs, and
objectives identified within the City’s Housing Element.
The Project establishes 193 multi-family residential units, including 24 affordable units, that can respond to market needs and diversify the City’s housing stock.
b. Land Use Element Policy LU 6.15.5 Residential and Supporting Uses. Accommodate
the development of a maximum of 2,200 multi-family residential units, including work
force housing, and mixed-use buildings that integrate residential with ground level office
or retail uses, along with supporting retail, grocery stores, and parklands. Residential
units may be developed only as the replacement of underlying permitted nonresidential uses. When a development phase includes a mix of residential and nonresidential uses
or replaces existing industrial uses, the number of peak hour trips generated by
cumulative development of the site shall not exceed the number of trips that would result
from development of the underlying permitted nonresidential uses. However, a
maximum of 550 units may be developed as infill on surface parking lots or areas not used as occupiable buildings on properties within the Conceptual Development Plan
Area depicted on Figure LU22 provided that the parking is replaced on site.
General Plan Land Use Policy 6.15.5 established a development limit of 2,200 maximum dwelling units for the Airport Area. Of the 2,200 residential units allowed, 1,650 units may be developed as replacement of existing office, retail, and/or industrial uses. The remaining 550 units are classified as additive units meaning they are not required to
replace other units and they may be constructed as “in-fill” units to existing commercial
or office development within the Conceptual Development Plan Area (“CDPA”) of the Airport Area. Any eligible density bonus allowed by Government Code Sections 65915 (Density Bonus Law) and NBMC Chapter 20.32 (Density Bonus) are not included in the 2,200-unit allowance. Considering the dwelling unit sum of the previously approved
projects and the proposed Project, the remaining development allocation within the
Airport Area would be 353 dwelling units (exclusive of density bonus units).
c. Land Use Element Policy LU 6.15.6 Size of Residential Villages. Allow development of
mixed-use residential villages, each containing a minimum of 10 acres and centered on a neighborhood park and other amenities (as conceptually illustrated in Figure LU23).
The first phase of residential development in each village shall encompass at least 5
gross acres of land, exclusive of existing rights-of-way. This acreage may include
multiple parcels provided that they are contiguous or face one another across an existing
street. At the discretion of the City, this acreage may also include part of a contiguous property in a different land use category, if the City finds that a sufficient portion of the
contiguous property is used to provide functionally proximate parking, open space, or
other amenity. The “Conceptual Development Plan” area shown on Figure LU22 shall
be exempt from the 5-acre minimum, but a conceptual development plan described in
Policy LU 6.15.11 shall be required.
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The Property is 1.97 acres in size. The development standards of the Residential Overlay in PC11 waive the minimum lot size requirement of LU 6.15.6, with the
affordable housing provision.
d. Land Use Policy LU 6.15.7. Overall Density and Housing Types. Require that residential
units be developed at a minimum density of 30 units and maximum of 50 units per net
acre averaged over the total area of each residential village. Net acreage shall be exclusive of existing and new rights-of-way, public pedestrian ways, and neighborhood
parks. Within these densities, provide for the development of a mix of building types
ranging from townhomes to high-rises to accommodate a variety of household types and
incomes and to promote a diversity of building masses and scales.
The Project has a base density of 40 units per acre (77 units on 1.97 acres) which is consistent with the 50 dwelling units per acre allowance. The base density does not
include the 50 percent density bonus of 39 units that is allowed by the State Bonus
Density law which includes 24 units set aside for affordable housing. The Project further proposed the transfer of 77 residential units from the Uptown Newport project. Altogether, the Project has an overall density of 98 dwelling units per acre. The Project includes a request to waive Land Use Policy 6.15.7.
The Project is a for-rent apartment development with 193 apartment units. There is a
mix of unit types, ranging from studios to two-bedroom units, accommodating a variety of household types and incomes. Of the 193 units, 24 units will be affordable to low-income households and 169 units will be market-rate housing.
e. Land Use Policy LU 6.15.8 First Phase Development Density. Require a residential
density of 45 to 50 units per net acre, averaged over the first phase for each residential
village. This shall be applied to 100 percent of properties in the first phase development
area whether developed exclusively for residential or integrating service commercial
horizontally on the site or vertically within a mixed-use building. On individual sites, housing development may exceed or be below this density to encourage a mix of
housing types, provided that the average density for the area encompassed by the first
phase is achieved.
The Project would be developed in one phase with a density of 98 units per acre. This increase in density is requested consistent with Government Code Sections 65915-65918 (State Density Bonus Law).
f. Land Use Policy LU 6.15.9 Subsequent Phase Development Location and Density.
Subsequent phases of residential development shall abut the first phase or shall face
the first phase across a street. The minimum density of residential development
(including residential mixed-use development) shall be 30 units per net acre and shall not exceed the maximum of 50 units per net acre averaged over the development phase.
See finding LU 6.15.8 First Phase Development Density above.
g. Land Use Policy LU 6.15.13 Neighborhood Parks Standards. To provide a focus and
identity for the entire neighborhood and to serve the daily recreational and commercial
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needs of the community within easy walking distance of homes, require dedication and improvement of at least 8 percent of the gross land area (exclusive of existing rights-of-
way) of the first phase development in each neighborhood, or ½ acre, whichever is
greater, as a neighborhood park. This requirement may be waived by the City where it
can be demonstrated that the development parcels are too small to feasibly
accommodate the park or inappropriately located to serve the needs of local residents, and when an in-lieu fee is paid to the City for the acquisition and improvement of other
properties as parklands to serve the Airport Area.
In every case, the neighborhood park shall be at least 8 percent of the total Residential
Village Area or one acre in area, whichever is greater, and shall have a minimum
dimension of 150 feet. Park acreage shall be exclusive of existing or new rights-of-way, development sites, or setback areas. A neighborhood park shall satisfy some or all of
the requirements of the Park Dedication Ordinance, as prescribed by the Recreation
Element of the General Plan.
The Project includes a waiver from Land Use Policy LU 6.15.13, as is allowed by the policy, due to a 1.97-acre parcel size that is too small to feasibly accommodate a park. The Applicant further requests City Council provide a concession of a waiver of the in-
lieu park fee payment associated with this policy as a part of the concessions allowed
through the request for density bonus, consistent with Government Code Sections 65915-65918 (State Density Bonus Law) and NBMC Section 20.32.050 (Allowed Incentives). This requested incentive does not include the park in-lieu fee payments associated with the 77 residential units transferred from the Uptown Newport Phase 1
development.
h. Land Use Policy LU 6.15.14 Location. Require that each neighborhood park is clearly
public in character and is accessible to all residents of the neighborhood. Each park
shall be surrounded by public streets on at least two sides (preferably with on-street parking to serve the park), and shall be linked to residential uses in its respective
neighborhood by streets or pedestrian ways.
See finding LU 6.15.13 above.
i. Land Use Policy LU 6.15.16 On-Site Recreation and Open Space Standards. Require
developers of multi-family residential developments on parcels 8 acres or larger to provide on-site recreational amenities. For these developments, 44 square feet of on-
site recreational amenities shall be provided for each dwelling unit in addition to the
requirements under the City’s Park Dedication Ordinance and in accordance with the
Parks and Recreation Element of the General Plan. On-site recreational amenities can
consist of public urban plazas or squares where there is the capability for recreation and outdoor activity. These recreational amenities may also include swimming pools,
exercise facilities, tennis courts, and basketball courts. Where there is insufficient land
to provide on-site recreational amenities, the developer shall be required to pay cash in-
lieu that would be used to develop or upgrade nearby recreation facilities to offset user
demand as defined in the City’s Park Dedication Fee Ordinance.
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The acreage of on-site open space developed with residential projects may be credited against the parkland dedication requirements where it is accessible to the public during
daylight hours, visible from public rights-of-way, and is of sufficient size to accommodate
recreational use by the public. However, the credit for the provision of on-site open
space shall not exceed 30 percent of the parkland dedication requirements
The Project exceeds the 8,492-square-foot (44 square feet x 193 units) on-site recreational amenities by providing a 9,506-square-foot podium courtyard. This outdoor
recreational area includes a pool, spa, outdoor fitness area, seating, and a fire pit. In
addition, the Project includes an indoor fitness center, club house, dog wash room and dog park, and roof deck.
j. Land Use Policy LU 6.15.17 Street and Pedestrian Grid. Create a pattern of streets and pedestrian ways that breaks up large blocks, improves connections between
neighborhoods and community amenities, and is scaled to the predominantly residential
character of the neighborhoods.
The Project is a podium style development with an internal driveway for vehicular circulation around the building and connecting to Bristol Street and Spruce Street. Pedestrian connections are provided to public sidewalks along Spruce Street and Bristol
Street. The Project also includes a condition of approval requiring an additional 2-foot
wide easement along the Bristol Street North frontage for sidewalk purposes to accommodate a future 10-foot wide sidewalk when directed by the Public Works Department.
k. Land Use Policy 6.15.18 Walkable Streets. Retain the curb-to-curb dimension of existing
streets, but widen sidewalks to provide park strips and generous sidewalks by means of
dedications or easements. Except where traffic loads preclude fewer lanes, add parallel
parking to calm traffic, buffer pedestrians, and provide short term parking for visitors and
shop customers.
The Project retains the curb-to-curb dimension of both Bristol Street and Spruce Street.
The Project includes a condition of approval requiring an additional 2-foot wide
easement along the Bristol Street North frontage for sidewalk purposes to accommodate a future 10-foot wide sidewalk when directed by the Public Works Department.
l. Land Use Policy 6.15.19 Connected Streets. Require dedication and improvement of new streets as shown on Figure LU23. The illustrated alignments are tentative and may
change as long as the routes provide the intended connectivity. If traffic conditions allow,
connect new and existing streets across Macarthur Boulevard with signalized
intersections, crosswalks, and pedestrian refuges in the median.
See finding Land Use Policy LU 6.15.18 above.
m. Land Use Policy 6.15.20 Pedestrian Improvements. Require the dedication and
improvement of new pedestrian ways as conceptually shown on Figure LU23. The
alignment is tentative and may change as long as the path provides the intended
connectivity. For safety, the full length of pedestrian ways shall be visible from
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intersecting streets. To maintain an intimate scale and to shade the path with trees, pedestrian ways should not be sized as fire lanes. Pedestrian ways shall be open to the
public at all times.
See finding Land Use Policy LU 6.15.18 above.
n. Land Use Policy LU 6.15.22 Building Massing. Require that high-rise structures be
surrounded with low- and mid-rise structures fronting public streets and pedestrian ways or other means to promote a more pedestrian scale.
The proposed six-story apartment building is 78 feet in height and is compatible with
nearby properties located in the Airport Area, with building mass and scale similar to the nearby existing office developments. The Project includes pedestrian connectivity to public sidewalks along Bristol Street and Spruce Street and pedestrian-scale landscaped areas around the apartment building.
o. Land Use Policy LU 6.15.23 Sustainability Development Practices. Require that
development achieves a high level of environmental sustainability that reduces pollution
and consumption of energy, water, and natural resources. This may be accomplished
through the mix and density of uses, building location and design, transportation modes, and other techniques. Among the strategies that should be considered are the
integration of residential with jobs-generating uses, use of alternative transportation
modes, maximized walkability, use of recycled materials, capture and re-use of storm
water on-site, water conserving fixtures and landscapes, and architectural elements that
reduce heat gain and loss.
The Project would be required to comply with the provisions of the Building and Energy
Efficiency Standards (CCR, Title 24, Parts 6 and 11) and the Green Building Standards
Code (CCR, Title 24, Part 11 - CALGreen). Additionally, the Project would implement water-efficient landscaping, water quality best management practices to treat surface runoff from the project site, and low impact development practices.
The Project is also adjacent to office developments in the Airport Area and would provide
housing near employment opportunities. The Project includes pedestrian linkage to
public sidewalks that would provide connections throughout the site and to adjacent and surrounding uses, thereby providing an alternative mode of public transportation for the residents and their visitors. The Project would also provide alternative forms of transportation to residents by locating close to the existing Orange County
Transportation Authority (“OCTA”) bus routes provided along Bristol Street and Birch
Street.
p. Land Use Policy LU 6.15.24 Airport Compatibility. Require that all development be
constructed in conformance with the height restrictions set forth by Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division
of Aeronautics, and that residential development be located outside of the 65 dBA CNEL
noise contour specified by the 1985 JWA Master Plan.
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The Project is located at 1300 Bristol Street, which is located outside the 65 dBA CNEL contour as that noise contour is mapped by the 2008 JWA Airport Environs Land Use
Plan that accounts for the most recent update to the JWA Master Plan. The Federal
Aviation Administration (“FAA”) conducted an aeronautical study of the Project pursuant to applicable Federal regulations and has determined no hazard to air navigation for the project.
3. The proposed six-story residential building would be 78 feet in height inclusive of
architectural elements and rooftop mechanical equipment. The architecture would be high-
quality and incorporate neutral colors with stone/tile, metal, and glass features. The Project’s building mass is compatible with the surrounding office developments
4. The Project includes a variety of enhanced amenities such as private balconies for most of the units, an outdoor courtyard with pool and spa, a clubroom, a fitness center, a dog wash
room and a dog park, and a roof deck.
5. The Project includes 346 onsite parking spaces located in a subterranean gated parking structure. Therefore, upon completion of the Project, there would be adequate onsite parking exceeding the minimum required residential standard pursuant to Density Bonus Law.
6. The Project site is generally flat and bordered by existing office buildings, storage, and
developed roadways. The City’s General Plan does not identify any scenic vistas or view points on or proximate to the Project site. The nearest public view point to the Project site identified in the City’s General Plan is approximately 3,000 feet to the south at Bayview Park. The nearest coastal view designated portion of Jamboree Road is approximately
3,000 feet south of the site. Due to the distance and highly urbanized nature of the Project
area, public coastal views along this view corridor would not be impacted by the Project.
Finding: C. The proposed development is not detrimental to the harmonious and orderly growth of the
City, nor will it endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of person residing or working in the
neighborhood of the proposed development. Facts in Support of Finding:
1. The Project has been designed to ensure that potential conflicts with surrounding uses are minimized to the extent possible to maintain a healthy environment for both surrounding businesses and residents by providing an architecturally pleasing project with articulation and building modulations to enhance the urban environment.
2. The proposed residential 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. Refuse collection is accommodated via an on-site staging area along the private driveway to ensure safe maneuvering by refuse vehicles.
Emergency vehicles will have access via Bristol Street and Spruce Street.
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3. The Project site is located approximately 0.57 mile east of the southernmost John Wayne
Airport runway and is within the notification area of the AELUP for John Wayne Airport.
However, the Project is below the maximum transitional imagery surface heights, and thus the Project is within the building height limits of the AELUP. The property is located within the 60dBA CNEL noise contours for John Wayne Airport and Safety Zone 6 (Traffic Pattern Zone), where the likelihood of an accident is low. Consistent with the residential overlay,
the Project has been conditioned to provide notice to all future residents of potential
annoyances or inconveniences associated with residing in proximity to airport operations. 4. The Project will comply with all Building, Public Works, Fire Codes, City ordinances, and all conditions of approval.
Traffic Study In accordance with Section 15.40.030 (Standards for Approval—Findings—Exemptions) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A. That a traffic study for the project has been prepared in compliance with this chapter and Appendix A [NBMC Chapter 15.30],
Facts in Support of Finding: 1. A traffic study, entitled Picerne Residential (1300 Bristol Street North) Traffic Impact Analysis, prepared by Ganddini Group, Inc., dated November 23, 2021, was prepared for
the Project in compliance with Municipal Code Chapter 15.40 (Traffic Phasing Ordinance
and Appendix A).
2. That, based on the weight of the evidence in the administrative record, including the traffic
study, one of the findings for approval in subsection (B) [NBMC Section 15.40.030(B)(1)] can be made:
Section 15.40.030(B)(1) (Findings for Approval) of the NBMC states: Construction of the
project will be completed within sixty (60) months of project approval; and
a. The project will neither cause nor make worse an unsatisfactory level of traffic service
at any impacted primary intersection, or
b. The project including circulation improvements that the project proponent is required to
make and/or fund, pursuant to a reimbursement program or otherwise, will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary
intersection, or
c. The project trips will cause or make worse an unsatisfactory level of traffic service at
one or more impacted primary intersection(s) but the project proponent is required to
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construct and/or fund, pursuant to a reimbursement program or otherwise, circulation improvements, or make contributions, such that:
1. The project trips will not cause or make worse an unsatisfactory level of traffic service
at any impacted primary intersection for which there is a feasible improvement, and
2. The benefits resulting from circulation improvements constructed or funded by, or
contributions to the preparation or implementation of a traffic mitigation study made
by, the project proponent outweigh the adverse impact of project trips at any
impacted primary intersection for which there is (are) no feasible improvement(s) that
would, if implemented, fully satisfy the provisions of Section 15.40.030 (B)(1)(b). In balancing the adverse impacts and benefits, only the following improvements and/or
contributions shall be considered with the greatest weight accorded to the
improvements and/or contributions described in subparagraphs (a) and (b) below:
a. Contributions to the preparation of, and/or implementation of some or all of the recommendations in, a traffic mitigation study related to an impacted primary
intersection that is initiated or approved by the City Council,
b. Improvements, if any, that mitigate the impact of project trips at any impacted
primary intersection for which there is (are) no feasible improvement(s) that, if implemented, would satisfy the provisions of Section 15.40.030(B)(1)(b),
c. Improvements that mitigate the impacts of project trips on any impacted primary
intersection in the vicinity of the project,
d. Improvements that mitigate the impacts of project trips on any impacted primary
intersection operating, or projected to operate, at or above 0.80 ICU, or
d. The project complies with (1)(b) upon the completion of one or more circulation
improvements; and:
1. The time and/or funding necessary to complete the improvement(s) is (are) not
roughly proportional to the impacts of project-generated trips, and
2. There is a strong likelihood the improvement(s) will be completed within forty-eight (48) months from the date the project and traffic study are considered by the Planning
Commission, or City Council on review or appeal. This finding shall not be made
unless, on or before the date of approval, a conceptual plan for each improvement
has been prepared in sufficient detail to permit estimation of cost and funding
sources for the improvement(s); the improvement(s) is (are) consistent with the circulation element or appropriate amendments have been initiated; an account has
been established to receive all funds and contributions necessary to construct the
improvement(s) and the improvement is identified as one to be constructed pursuant
to the five year capital improvement plan and as specified in Appendix A, and
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3. The project proponent pays a fee to fund construction of the improvement(s). The fee shall be calculated by multiplying the estimated cost of the improvement(s) by a
fraction. The fraction shall be calculated by dividing the “effective capacity decrease”
in the impacted primary intersection attributable to project trips by the “effective
capacity increase” in the impacted primary intersection that is attributable to the
improvement. The terms “effective capacity increase” and “effective capacity decrease” shall be calculated in accordance with the provisions of Appendix A.
Facts in Support of Finding: 1. Based on the weight of the evidence in the administrative record, including the Traffic Study, and the conditions of approval, all of the findings for approval in Section 15.40.030(B)(1)(a)
can be made in that:
a. The Project is anticipated to be complete within a 28-month period, well within the 60-month criteria. Therefore, the Traffic Study addresses the entire project development.
b. The Traffic Study provides an evaluation of morning and evening peak hours at 13
existing intersections that are located in the City and the adjoining City of Irvine. c. The Project is projected to generate an additional 726 trips, 31 peak AM trips and 47 peak PM trips. When these trips distributed to these studied intersections, the analysis
concludes that there is no significant impact as the Project will neither cause nor make
worse an unsatisfactory level of service at any impacted primary intersection, and all intersections are forecasted to continue to operate at acceptable Levels of Service. Finding:
A. That the project proponent has agreed to make or fund the improvements, or make the
contributions, that are necessary to make the findings for approval and to comply with all
conditions of approval.
Fact in Support of Finding: The Project will be required for the payment of Fair Share fees in accordance with Chapter 15.32 (Underground Utilities) that will be used to fund future planned improvements to the City’s circulation system. Additionally, the Project will be required to pay any applicable fees for the
Major Thoroughfare and Bridge Fee Program. Affordable Housing Implementation Plan
The proposed Affordable Housing Implementation Plan (“AHIP”) is consistent with the intent to
implement affordable housing goals within the City pursuant to Government Code Sections 65915-65918 (State Density Bonus Law), and Title 20, Chapter 20.32 (Density Bonus) of the NBMC for the following reasons:
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1. Consistent with the requested 50 percent density bonus30 percent (24 units) of the Project’s base units (77) would be set aside as affordable units to lower income
households. Lower income households are defined as households 80 percent or less of
the area median income, adjusted for family size for minimum term of 55 years for very low-income households, consistent with the Density Bonus Law and 30 years for low-income households, consistent with Residential Overlay of Newport Place Planned Community.
2. The State Density Bonus Law and the City’s Density Bonus Code provide for an increase in the number of units above General Plan and zoning limits for projects that include a minimum of 30 percent of the base units affordable to low-income households earning 680 percent or less of area median income. The Project’s inclusion of 24 low-income
units, which is 30 percent of the base unit count of 77 units makes the Project eligible
for 39 additional units. Inclusive of 77 units transferred from a 4311 Jamboree Road, the project total is 193 units. 3. In addition to the 39 density bonus units, the Project is entitled to receive up to three
incentives or concessions that would result in identifiable, financially sufficient, and
actual cost reductions. The Project applicant includes requests to the City Council for two development concessions: for the proposed affordable unit mix that does not meet NBMC Section 20.32.070 (Design and Distribution of Affordable Units) and for a waiver of the park in-lieu fee described in General Plan Land Use Policy LU 6.15.13. NBMC
Section 20.32.070 (Design and Distribution of Affordable Units) requires affordable units
in a density bonus project reflect the same range of unit types in the residential development as a whole. In this case, the Project provides a higher percentage of affordable studio units and fewer affordable two-bedroom units compared to market rate units. Granting this incentive will result in identifiable, financially sufficient, and actual
project cost reductions by reducing the long-term rental subsidy costs associated with
the two-bedroom units and affording additional rental income for the project to ensure financial feasibility. 4. In addition to the density bonus units and financial concessions, the Project is entitled
to receive waivers or reductions of development standards if the development standard
would physically prevent the project from being built at the permitted density. In this case, the Project Applicant requests waivers of the following development standards: a. Park dedication requirement. General Plan Land Use Policy LU 6.15.13 requires
a public park equal to eight percent of the gross land area of the development, or
a minimum one-half acre, whichever is greater, be provided. In this case, the 1.97-acre Project site is too small to feasibly accommodate a half-acre park.
b. Street setbacks. The Newport Place Planned Community (PC-11) requires street setbacks of 30 feet from property lines. In this case, 30-foot setbacks along Bristol
Street and Spruce Street would substantially decrease the development of the
footprint of the Project. The Project is designed with 8-foot setbacks to Spruce Street and 17-foot setbacks to Bristol Street (18 feet to building face, 17 feet to balconies).
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c. Building height. The Newport Place Planned Community (PC-11) limits building height to 55 feet from established grade. In this case, a higher building height is
necessary to accommodate 193 residential units. The Project is designed with a
height of 78 feet from established grade.
d. Private open space. NBMC Section 20.18.030 (Residential Zoning Districts General Development Standards) requires a minimum of 5 percent of the gross floor area of each unit to be provided as open space. The Project as designed
does not provide this minimum open space for the studio floor plan units due to
their size and location within the project.
e. Residential density. General Plan Land Use Policy LU 6.15.7 requires residential density between 30-50 units per acre. Inclusive of the base units (77 units), density bonus units (39 units), and transferred units (77 units), the Project totals
193 dwelling units at a density of 98 units per acre.
f. Common open space. NBMC Section 20.18.030 (Residential Zoning Districts General Developments Standards) requires a minimum of 75 square feet per unit be provided as common open space area. In this case, the requirement is 14,475 square feet (75 square feet per unit x 193 units). The Project as designed
provides 9,506 square feet of common open space due to space limitations on
the 1.97-acre lot.
Transfer of Development Rights
In accordance with Section 20.46.050 (Findings) of the NBMC, the following findings and facts
in support of such findings are set forth: Finding:
A. The reduced density/intensity on the donor site provides benefits to the City.
Fact in Support of Finding: Uptown Newport is entitled for up to 1,244 residential units developed in two phases with a
maximum of 680 units in Phase 1 and 564 units in Phase 2. Phase 1 of the development is
nearing completion, with 548 units constructed, under construction, or submitted for entitlement review. The reduction of 77 units from the Uptown Newport development will more accurately reflect the Phase 1 development and result in a more efficient use of land to be developed in Phase 2.
Finding:
B. The transfer of development rights will not result in any adverse traffic impacts and would not result in greater intensity than development allowed without the transfer and the
proposed uses and physical improvements would not lend themselves to conversion to
higher traffic generating uses.
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Fact in Support of Finding:
See facts in support of findings for Traffic Study, above.
Finding: C. The increased development potential transferred to the receiver site will be compatible and
in scale with surrounding development and will not create abrupt changes in scale or character.
Facts in Support of Finding: See facts in Support of Findings B and C for Major Site Development Review, above.
Finding:
D. The receiver site is physically suitable for the development proposed taking into consideration adjacent circulation patterns, protection of significant public views and open
space, and site characteristics, including any slopes, submerged areas, and sensitive
resources. Facts in Support of Finding:
1. See Facts in Support of Finding B for Major Site Development Review, above.
2. The 77-transferred units will be subject to the payment of park in-lieu fee and a public benefit fee, pursuant to the terms and conditions of the Uptown Newport DA. The use of park in-lieu fees is subject to City Council Policy B-1 (Park Fee Policy). The use of public impact fees is subject to the discretion of City Council. The applicant is
responsible for the payment of these fees upon issuance of a building permit.
SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends the following to the
City Council: a. Adopt Environmental Impact Report Addendum No. ER2022-001 to the 2006 General Plan Update (SCH2006011119), as depicted in Exhibit “B” which is
attached hereto and incorporated by reference;
b. Approve Affordable Housing Implementation Plan No. AH2022-001, including requested development standard waivers related to park land dedication, building setbacks, building height, private open space for the studio-size rental units,
common open space for the entire Project, and overall residential project density,
and development concessions related to the mix of affordable units and park in-lieu
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fee payment, as depicted in Exhibit "C" which is attached hereto and incorporated
by reference;
c. Approve Traffic Study No. TS2022-001 , as depicted in Exhibit D, with conditions of
approval as depicted in Exhibit "D" which is attached hereto and incorporated by
reference ;
d. Approve Transfer of Development Rights No. TD2022-001, as depicted in Exhibit
"E" which is attached hereto and incorporated by reference; and
e. Approve Major Site Development Review No. SD2021-003, with conditions of
approval as depicted in Exhibit "F" which is attached hereto and incorporated by
reference.
PASSED, APPROVED, AND ADOPTED THIS 17 DAY OF FEBRUARY, 2022.
AYES:
NOES:
Klaustermeier, Kleiman, Koetting , Lowrey, Rosene, and Weigand
None
RECUSED: Ellmore
ABSENT: None
BY: -----------Lee Lowrey, Chairman
Attachment(s): Exhibit A -Legal Description
Exhibit B -Addendum to the 2006 General Plan Update
(SCH NO. 2006011119)
Exhibit C -Affordable Housing Implementation Plan
Exhibit D -Traffic Study
Exhibit E -Transfer of Development Rights
Exhibit F -Conditions of Approval
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EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL 2, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 49, PAGE 18 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
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EXHIBIT “B”
ADDENDUM TO THE 2006 GENERAL PLAN UPDATE (SCH NO. 2006011119) Available separately due to bulk at: www.newportbeachca.gov/ceqa
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EXHIBIT “C”
AFFORDABLE HOUSING IMPLEMENTATION PLAN
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EXHIBIT “D”
TRAFFIC STUDY
Available separately due to bulk at: https://www.newportbeachca.gov/PLN/Planning Commission_Large/TPO.pdf
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EXHIBIT “E”
TRANSFER OF DEVELOPMENT RIGHTS: A TRANSFER OF 77 UNBUILT RESIDENTIAL UNITS FROM UPTOWN NEWPORT PHASE 1 DEVELOPMENT (4311 JAMBOREE) TO SUBJECT SITE (1300 BRISTOL NORTH STREET)
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EXHIBIT “F”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans, landscape plans, and building elevations stamped and dated with the date of this
approval (except as modified by applicable conditions of approval). 2. The Project is subject to compliance with all applicable submittals approved by the City of Newport Beach (“City”) and all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
3. Site Development Review No. SD2021-003, Affordable Housing Implementation Plan
No. AH2022-001, Traffic Study No. TS2022-001, and Transfer of Development Rights No. TD2022-001 shall expire unless exercised within twenty-four (24) months from the
date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code
(“NBMC”), unless an extension is otherwise granted.
4. The proposed residential development shall consist of 193 apartment units, inclusive of 77 base units, 77 transferred units, and 39 density bonus units.
5. A minimum of 233 on-site parking spaces shall be provided for residents and guest parking
to be located within the residential parking structure.
6. A minimum of 12 apartment units shall be made affordable to very-low-income
households and 12 apartment units shall made affordable to low-income households
consistent with the approved Residences at 1300 Bristol Street Affordable Housing
Implementation Plan (AH2022-001) dated January 7, 2022. 7. Prior to the issuance of a building permit, an affordable housing agreement shall be
executed in a recordable form as required by the City Attorney’s Office.
8. On-site recreational amenities: private balconies, a clubroom, a fitness center, podium
courtyard, a roof terrace, a dog wash room and dog park, leasing lounge and business center as illustrated on the approved plans shall be provided and maintained for the
duration of the Project.
9. Maximum building height of the residential structure shall be 78 feet, inclusive of
architectural features and mechanical equipment.
10. The residential parking garage shall have the following features:
a. A safe, secure and well lighted and signed pedestrian paths for all users.
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b. Adequate and uniform lighting throughout each parking level.
c. Panic alarms and two-way communication systems in prominent locations on
each parking level.
11. Prior to the issuance of a building permit, an acoustical analysis report, prepared by an
acoustical engineer, shall be submitted to the Planning Division describing the
acoustical design features of the structure that will satisfy the exterior and interior noise
standards. The Project shall be attenuated in compliance with the report. 12. Prior to the issuance of a building permit, the Applicant shall submit to the Community
Development Department a final copy of FAA Determination of No Hazard to Air
Navigation reflective of the proposed building height. 13. The Applicant shall comply with all applicable provisions of NBMC Chapter 15.38, Fair Share Traffic Contribution Ordinance, and Chapter 15.42, Major Thoroughfare and
Bridge Fee Program. Prior to the issuance of a building permit, Fair Share and
Transportation Corridor Agency fees shall be paid for the Project. 14. Prior to the issuance of a building permit, the Applicant shall pay applicable school fees for the Project.
15. Prior to the issuance of a building permit, the Applicant shall pay applicable property
development tax as required pursuant to NBMC Chapter 3.12 (Property Development
Tax) for the Project.
16. Prior to the issuance of a building permit, the Applicant shall pay applicable park in lieu
fee for the 77 transferred units from Uptown Newport Planned Community, in
accordance with Uptown Newport Development Agreement No. DA2012-003. 17. Prior to the issuance of a building permit, the Applicant shall pay applicable public benefit
fee for the 77 transferred units from Uptown Newport Planned Community, in
accordance with Uptown Newport Development Agreement No. DA2012-003. 18. Prior to the issuance of a building permit, the Applicant shall pay the Project’s fair share of public safety fee, as determined by the Community Development Director, to fund the
cost of staffing, services and equipment as necessary for fire-related public safety
purposes. 19. The property management company shall distribute a written disclosure statement prior to lease or rental of any residential unit. The disclosure statement shall indicate that the
occupants will be living in an urban type of environment and that the noise, odor, and
outdoor activity levels may be higher than a typical suburban residential area. In
addition, potential annoyances or inconveniences associated with residing in proximity
to airport operations such as noise, vibration, and odor may occur. The disclosure statement shall include a written description of the potential impacts to residents of both
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the existing environment and potential impacts based upon the allowed uses in the zoning district and proximity to airport. Each and every lessee or renter shall sign the
statement acknowledging that they have received, read, and understand the disclosure
statement. The Applicant shall covenant to include within all deeds, leases or contracts
conveying any interest in the Project: (1) the disclosure and notification requirement
stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity
levels may be higher than a typical suburban residential area; and (3) acknowledgment
that the covenant is binding for the benefit and in favor of the City of Newport Beach. 20. Any substantial modification to the approved Site Development Review plans, as determined by the Community Development Director, shall require an amendment to
this Site Development Review application or the processing of a new application.
21. A copy of the Resolution, including conditions of approval Exhibit “F” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits.
22. Prior to the issuance of a building permit, Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Site Development Review file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural
sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall
accurately depict the elements approved by this Site Development Review and shall highlight the approved elements such that they are readily discernible from other elements of the plans.
23. Prior to the issuance of a building permit, Applicant shall submit a detailed landscape
and irrigation plan prepared by a licensed landscape architect for the Project. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division.
24. 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.
25. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, 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.
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26. Prior to the issuance of a building permit, the Applicant shall prepare photometric study for the Project in conjunction with a final lighting plan for approval by the Planning
Division. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and
maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures.
27. Prior to the issuance of Final Certificate of Occupancy, the Applicant shall schedule an
evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare specified in conditions of approval. 28. 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. 29. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
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
30. 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.
31. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays.
32. Refuse collection shall comply with the Waste Management Plan included in the
approved plans. The Applicant’s property management company shall contract with a franchised hauler on the City list of authorized companies. 33. 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.
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34. 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 (Water and Sewers), including all future amendments (including Water Quality related requirements).
35. 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 Residences at 1300 Bristol Street including, but not limited to, Site Development Review No. SD2021-003, Affordable Housing Implementation Plan No. AH2022-001, Traffic Study No. TS2022-001, and Addendum to the 2006 General Plan Update Program Environmental Impact Reports No. ER2022-001 (PA2021-161). 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
36. Two fire hydrants shall be provided on-site to serve the Project. The precise location of
the proposed fire hydrants shall be approved by the Fire Marshal.
37. Prior to the issuance of any occupancy permits (temporary or final), all fire and life safety
systems, and the emergency responder radio system shall be inspected and approved
by the Fire Marshal. 38. Prior to the building permit issuance, a fire master plan shall be submitted and approved by the Fire Marshall.
39. Prior to any foundation permit issuance for the garage basement area, a temporary fire department access way, as approved by the Fire Department, shall be provided until the permanent fire access way is installed. Required fire and life safety systems, including the fire sprinkler system, shall be operational in the garage basement areas used for
parking by the construction crews and for storage of building materials and construction
equipment. 40. One elevator shall be gurney sized and equipped as a medical emergency elevator as CBC Section 3002.
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41. Emergency responder radio coverage shall be required to comply with NBFD Guideline
D.05 “Public Safety Radio Coverage” and CFC Section 510.
42. Emergency power and Standby Power System shall be required as per CFC Section 604.2.14.
43. An automatic sprinkler system shall be installed in accordance with CFC Section 903.2
amendment shall be provided throughout all buildings. 44. A standpipe system shall be required and installed as per CFC Section 905.3.1.
45. Fire Alarm system shall be provided as per CFC Section 907.2.9.
Building Division 46. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit.
47. The Applicant shall employ the following best available control measures (“BACMs”) to
reduce construction-related air quality impacts: Dust Control • Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90-day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment.
Off-Site Impacts
• Encourage carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement
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• 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 a 10 percent soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer.
48. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The Project Applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State
Water Quality Control Board. This plan will detail measures and practices that will be in
effect during construction to minimize the project’s impact on water quality. 49. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of
the Building Division and Code and Water Quality Enforcement Division. The WQMP
shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 50. 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 BMPs. In addition, the WQMP must also
identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 51. Prior to the building plan check submittal, the Applicant shall submit the Project for
Building Code Preliminary Review.
52. The residential dwelling units and their common use areas shall comply with Housing
Accessibility per Chapter 11A.
53. The nonresidential portion of the development shall comply with the public
accommodation requirements per Chapter 11B. Public Works Department
54. All improvements shall be constructed as required by Ordinance and the Public Works
Department. 55. An encroachment permit shall be required for all work activities within the public right-of-way.
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Planning Commission Resolution No. PC2022-003 Page 31 of 31
56. The final Construction Management Plan (CMP) shall be reviewed and approved by the
Community Development Director and City Traffic Engineer prior to building permit
issuance. 57. A Parking Management Plan (PMP) shall be reviewed and approved by the Community Development Director and City Traffic Engineer prior to building permit issuance. The
PMP shall include information regarding gate operation, move-in and move-out, ride-
share area, guest parking areas and residential parking areas.
58. Parking layout shall comply with the City Parking Lot standard STD-805. Dead-end drive aisle in public areas and or unassigned parking area shall provide a dedicated
turnaround space and minimum 5-foot drive aisle extension.
59. The Applicant shall reconstruct all existing broken and/or otherwise damaged concrete
curb, gutter and sidewalk along the Spruce Avenue and Bristol Street North frontages per City Standard.
60. The Applicant shall construct an 8-foot wide sidewalk along the Bristol Street North
project frontage. 61. The Applicant shall provide an additional 2-foot wide easement along the Bristol Street
North frontage for sidewalk purposes to accommodate a future 10-foot wide sidewalk.
The Applicant shall construct a 10-foot wide sidewalk along the Bristol Street North
project frontage when other development in the area occurs and/or future pedestrian
volumes/usage increase, as directed by the Public Works Department.
62. All delivery and moving vehicles shall be accommodated on-site and prohibited from
parking or stopping within the public right-of-way. Only ride share vehicles shall be
permitted to utilize the pull-out area located on Spruce Street. 63. The proposed driveways shall be constructed per City Standard STD-161. The radius
for the Bristol Street North driveway shall be 20-foot minimum and the radius for the
Spruce Street driveway shall be 15-foot minimum. 64. All on-site fire hydrants shall be privately owned and maintained.
65. All on-site Project drainage shall comply with the latest City Water Quality requirements.
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