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HomeMy WebLinkAbout1697 - RECOMMEND TO ADOPT MND AND APPROVE GPA AND PD_4450 MACARTHUR BLVDRESOLUTION NO. 1697 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT MITIGATED NEGATIVE DECLARATION (SCH NO. 2006 - 081039) AND APPROVE GENERAL PLAN AMENDMENT NO. 2006 -003 TO INCREASE THE DEVELOPMENT ALLOCATION OF STATISTICAL AREA L4, KOLL CENTER NEWPORT OFFICE SITE A BY 24,016 GROSS SQUARE FEET AND PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2006 -001 TO INCREASE THE DEVELOPMENT ALLOCATION FOR PROFESSIONAL AND BUSINESS OFFICES OF SITE A AND ELIMINATE THE ENTIRE RETAIL SITE #1, AN UNDEVELOPED PORTION OF RESTAURANT SITE #2 AND THE ENTIRE RESTAURANT SITE #5 (PA 2006 -095) WHEREAS, an application was filed by The Koll Company with respect to Office Sites A and B of the Koll Center Newport Planned Community generally bounded by MacArthur Boulevard to the west, Birch Street to the north and northeast and Jamboree Road to the southeast, requesting a General Plan Amendmend to increase the maximum gross floor area permitted in Sub -Area 1 -1 (Office Site A) of the Airport Area (Statistical Area L4) by 24,016 square feet and an amendment to the Koll Center Newport Planned Community (PC -15) to allow the transfer of 24,016 gross square feet of unused retail, restaurant and office square footage from Office Site B to Office Site A. The aplications are requested to facilitate the construction of a 21,311 square foot, two -story office building over a subterranean parking garage on a 1.49 -acre site at 4450 MacArthur Boulevard; and WHEREAS, a public hearing was held on September 7, 2006, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared which, sets forth objectives, supporting policies and limitations for development in the City of Newport Beach and designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including commercial floor area limitations; and WHEREAS, the project site is designated Administrative, Professional, & Financial Commercial by the General Plan Land Use Element. The City has adopted Planned Community District Regulations (PC -15 Koll Center) that establish development standards and use regulations to implement the General Plan. The property is presently improved with a paved common parking area for the Office Site A; and, WHEREAS, the Land Use Element presently allocates a maximum of 436,079 gross square feet for non hotel uses for Koll Center Newport Office Site A (Sub -Area 1 -1). This floor area limit includes the projected growth of 1,740 square feet for Steadfast Investment Properties permitted by General Plan Amendment No. 2005 -007 and 1,222 square feet for the Pacific Club remaining after the implementation of their current expansion authorized by GPA Planning Commission Resolution No. Page 2 of 19 97 -3(E). No additional growth within this block is anticipated as noted in the estimated growth table within the Land Use Element; and, WHEREAS, the Land Use Element presently allocates a maximum of 1,062,648 gross square feet to Koll Center Newport Office Site B (Sub -Area 1 -2). This total includes a projected growth of 1,750 gross square feet for Master Development Corporation authorized by General Plan Amendment No. 2004 -006. No additional growth within this block is anticipated as noted in the estimated growth table within the Land Use Element; and, WHEREAS, a recent review of all existing building permits within Koll Center Newport Office Site B, revealed that the overall building gross floor area of this area is approximately 1,060,146 square feet, which is 2,502 square feet less than the current maximum contained within the Land Use Element (1062,648 current maximum — 1,060,146 existing = 2,502). The total existing floor area of Office Area B was derived from a combination of building plans and permits and it is believed to be more accurate than the estimate included within the 1988 Land Use Element; and, WHEREAS, the Koll Center Newport Planned Community presently authorizes 24,016 square feet of additional retail, office and restaurant floor area beyond that anticipated for Steadfast Investment Properties, Master Development Corporation and the Pacific Club. This un -built floor area was authorized prior to the original adoption of the 1998 Land Use Element. The 1988 Land Use Element established gross floor area limits at existing levels without accounting for the un -built floor area; and, WHEREAS, to eliminate the discrepancy between the Land Use Element and the Koll Center Newport Planned Community, the Koll Company requests an increase in gross floor area authorized by the General Plan to accommodate the additional development contemplated by the Koll Center Planned Community; and, WHEREAS, the General Plan provides for a sufficient diversity of land uses so that schools, employment, recreation areas, public facilities, churches and neighborhood shopping centers are in close proximity to each resident of the community. The proposed project would increase the development allocation in the Office Area A by 24,016 square feet; however, only a total of 21,311 square feet would be used for the construction of the new office building to be occupied by the Koll Company. The remaining un -built square footage of 2,705 would be reserved for future office development within Office Area A. Although the proposed amendment to the Koll Center Newport Planned Community eliminates a potential small retail site (10,000 square feet) and two potential restaurant sites (totaling 14,000 square feet), the Planned Community allows unused floor area allocated for these uses to be converted to professional and business office use (Section Group V - Restaurants). The project is consistent with this policy as the change of uses does not significantly alter the character of the area and the resulting office development is consistent with the surrounding uses and is consistent with the Land Use Designation of the Land Use Element; and, WHEREAS, the Land Use Element of the General Plan allows for the redevelopment of older or underutilized properties to preserve the value of property by allowing for some modest growth, while maintaining acceptable levels of traffic service. The project consists of an Planning Commission Resolution No. Page 3 of 19 increase of 24,016 square feet of proposed for office development. The proposed development is anticipated to generate less than 300 daily trips and therefore, does not required the preparation of a traffic analysis pursuant to the City's Traffic Phasing Ordinance; and, therefore it is consistent with Policy B; and, WHEREAS, the City's General Plan indicates that the City shall maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and undergrounding of utilities to ensure that the quality character of residential neighborhoods are maintained and that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses. The City implements this policy through the Koll Center Planned Community Text. The project is designed to meet all applicable development standards contained within. The proposed building height, size; and, architectural design of the project will be physically compatible with the existing and surrounding professional office and commercial developments; and, WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. This project has been reviewed in accordance with Council Policy A -18 and a voter approval is not required as the project represent an increase of 42.7 — A.M. and 41.3 P.M. peak hour trips, 24,016 gross square feet of non - residential floor area and zero residential units. These increases, when added with 80% of the increases attributable to four previously approved amendments (GP2001 -004, GP2004 -004, GP2004 -006 and GP2005 -007), result in a total of 66.1 — A.M. peak hour trips and 72.5 — P.M. peak hour trips and a total increase in 28,080 square feet do not cumulatively exceed Charter Section 423 thresholds for a vote; and, WHEREAS, the Land Use Policy No. 4.3 of the 2006 Land Use Element sets criteria for the transfer of development rights from a property to one or more other properties. The project would not be in conflict with this policy as the proposed transfer of development rights would occur within the same statistical area. The reduction of allowed development within the donor site would serve to reduce traffic trips (general office uses generate fewer trips than restaurant or retail uses) and therefore, would not result in any impacts to the local circulation system. The proposed development to be located on the receiver site has been designed with an architectural style is compatible with existing development in the business complex; and, WHEREAS, the Land Use Policy No. 5.3.6 of the 2006 Land Use Element requires that adequate parking be provided and is conveniently located to serve tenants and customers. Set open parking lots back from public streets and pedestrian ways and screen with buildings, architectural walls, or dense landscaping. Parking for the new office building would be provided in a combination of surface and below -grade lots immediately adjacent to the proposed structure. The parking areas will be convenient and accessible to the tenants and customers. Views of the parking lot would be minimized through the placement of parking underground and through the placement of the structure nearest to the public sidewalk that would serve to shield the existing parking lot to the east of the building. Landscaping of the lot is also proposed; and, Planning Commission Resolution No. Page 4 of 19 WHEREAS, the amendment to the Koll Center Planned Community Text to allow the conversion of retail site #1, an undeveloped portion of restaurant site #2 and the entire restaurant site #5 from Office Site B, a total of 24,016 square feet, to professional and business office use is consistent with the provisions stated in Group V and VI of the Planned Community Development Standards that allows retail and restaurant acreage not utilized for that purpose to be developed as office use; and WHEREAS, the proposed office development meets all the development standards for building setbacks and on -site parking; and WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines; and, City Council Policy K -3. The Draft MND was circulated for public comment between August 4 and September 5, 2005. Comments were received from Orange County Airport Land Use Commission, City of Irvine and California Cultural Resource Preservation Alliance, Inc. The contents of the environmental document, including comments on the document, have been considered in the various decisions on this project; and, WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and reduce potential environmental impacts to a less than significant level. NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS: Section No. 1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Planning Commission's independent judgment and analysis. The Planning Commission hereby recommends that the City Council adopt Mitigated Negative Declaration SCH No. 2006 - including the Mitigation Monitoring and Reporting Program attached therewith. The document and all material which institute the record upon which this decision was based on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. Section No. 2. Based on the aforementioned findings, the Planning Commission hereby recommends approval of General Plan Amendment No. 2006 -003 affecting the 1988 Land Use Element as amended per Exhibit "A" Section No. 3. The Planning Commission hereby also recommends approval of General Plan Amendment No. 2006 -003 per Exhibit "B" Section No. 4. The Planning Commission hereby recommends approval of Planned Community Development Plan Amendment No. 2006 -001 per the revised Koll Center Newport Planning Commission Resolution No. Page 5 of 19 Planned Community District regulations depicted in Exhibit "C" subject to the standard code requirements listed in Exhibit "D ". PASSED, APPROVED AND ADOPTED THIS 215' DAY OF SEPTEMBER 2006. AYES: Eaton, Hawkins, Cole and Toerge ABSENT: Henn and Peotter ABSTAIN: McDaniel Planning Commission Resolution No. Page 6 of 19 Exhibit "A" The following changes should be made to the Land Use Element and all other provisions of the Land Use Element shall remain unchanged: Airport Area (Statistical Area L4) 1 -1. KCN Office Site A. This site is designated for Administrative, Professional and Financial Commercial land use and is allowed 486,079 460,095 sq. ft. plus 471 hotel rooms. [GPA97- 3(E)][GP 2006 -003]. 1 -2 KCN Office Site B. This site is designated for Administrative, Professional and Financial Commercial land use and is allowed 1,068,899 1,060,146 square feet)[GP 2006 -003]. Support retail commercial uses are allowed within this allocation. Planning Commission Resolution No. Page 7of19 ESTIMATED GROWTH FOR STATISTICAL AREA L4 Residential (in du's) Commercial (in sq. ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth 1 -1. KCN OS A 0 0 0 * ** 780,223 8 9;185 834,201 06648 29,962 53,978 1--749 1 -2. KCN OS B 0 0 0 1,060,898 * * ** 1,060,146 1,060,146 0 1 -3. KCN OS C 0 0 0 734,641 734,641 0 1 -4. KCN OS D 0 0 0 250,176 250,176 0 1 -5. KCN OS E 0 0 0 27,150 32,500 5,350 1 -6. KCN OS F 0 0 0 31,816 34,500 2,684 1 -7. KCN OS G 0 0 0 81,372 81,372 0 1 -8. KCN OS 1 0 0 0 377,520 442,775 65,255 1 -9. KCN RS 1 0 0 0 52,086 120,000 67,914 1- Court 10. House 0 0 0 69,256 90,000 20,744 2 -1. NP BLKA 0 0 0 349,000 380,362 31,362 2 -2. NPBLK B 0 0 0 10,150 11,950 1,800 2 -3. NP BLK C 0 0 0 211,487 457,880 246,393 24. NP BLK D 0 0 0 274,300 288,264 13,964 2 -5. NP BLK E 0 0 0 834,762 860,884 26,122 2 -6. NP BLK F 0 0 0 225,864 228,214 2,350 NP BLK G & 2 -7. H 0 0 0 * 342,641 344,231 1,590 2 -8. NP BLK 1 0 0 0 99,538 378,713 279,175 2 -9. NP BLK J 0 0 0 ** 203,528 228,530 25,002 Campus 3 Drive 0 0 0 885,202 1,261,727 376,525 TOTAL 0 0 0 6,904,640 6,900,858 9,099,5.52 8,121,066 142 1,220,208 Revised Population 0 0 0 09/07/2006 ****Existing Existing square footage as of * *Existing as of 05/24/2005 as of * 01/22/2002 ***Existing as of 06/22/2006 09/07/2006 Planning Commission Resolution No. Page 8 of 19 Exhibit "B" The following changes to the maximum gross floor area within the 2006 Land Use Element should be made provided the voters of Newport Beach affirmatively vote to enact the 2006 Land Use Element on November 7, 2006. All other provisions of the 2006 Land Use Element would remain unchanged: Table LU2 Anomaly Locations Anomaly Statistical Land Use Development Development Additional Number Area Designation Limit sf) Limit(Other) Information 1 L4 MU -1-12 486,079 471 Hotel 460,095 Rooms (Not included in total square footage 2 L4 MU -1-12 '' ^ 2,6499 � o 1,060,146 Planning Commission Resolution No. Page 9 of 19 Exhibit "C" The following changes will be made to Group I (Professional and Business Offices), Group V (Restaurants) and Group VI (Retail and Service Center) of Section I of Part 11 (COMMERCIAL) of the Koll Center Planned Community Text and all other provisions of the PC Text shall remain unchanged. PART 11 Section 1. Group l (30) Proposed KCN P:C. Text Amendment COMMERCIAL for New Koll Headquarters. Incorporates Prepared by Langdon Wilson 8/21/06 Rvsd Site Area and Building Area PROFESSIONAL & BUSINESS OFFICES Acreages shown are net buildable land area including landscape setbacks with property lines. (4) A. Site A Site B Site C Site D Site E Site F Site G a Site A Site B Site C Site D Site E Site F Site G L Building Sites (4) Total Acreage 30.939 acres 43.703 acres (1 l ) 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 122.574 acres (8)(10)(1 l) Allowable Building Area -- �..c.. 674,800 square feet (10)(15) 240,149 square feet (8)(1 3)) 32,500 square feet (4) 24.300 square feet (4) 45,000 square feet (8) 2,324,096 sqiiafe 2,350,699 square feet Statistical Analysis (4) Office Acreage 30.939 acres 43.703 acres (11) 18.806 (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 122.574 acres (8)(10)(11) 366,147 (16) (29) (30) square feet 967,803 (13) (16) (28) (30) square feet 2,324,096 ..,.uafe feet 2,350,699 square feet The following stastics are for information only. Development may include but shall not be limited to the following: Story heights shown are average heights for possible development. The buildings within each parcel may vary. Assumed Parking Criteria: a. One (1) space per 225 square feet of net building area @ 120 cars per acre for sites C, D, E, F and G. 15 *(3)(4) In addition to 19.399 acres of office use, there is 9.54 acres for hotel and motel and 2.0 acres of lake within Office Site A. Therefore, there are 30.939 acres net within Office Site A. (3)(4)(16) b. One (1) space per 300 square feet of net building area a 120 cars per acre for Sites A, B and C. (1 1) Site A Allowable Building Area ..... 3A2,11 square e°"16 )(1O 366,147 square feet (16)(29)(30) Site Area ..... 19.399 acres *(3)(4)(16) a. Building Height Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development b. Parking 1m 3r 99 eaFS 1,221 cars Land Coverage (16)(29 )(30) 1. °7o-n A. ^ " °-°g 4.20 acres '2 6, aeFes 2.80 acres 1.96 acre 2.10 acres 1.5'' -. 1.68 acres '.311 ac° °° 1.40 acres 1.12 aeFeS 1.20 acres 0.98 acres 1.05 acres 0.8v7 acres 0.93 acres 0.'0 -78 aefes 0.84 acres 0.70 71 acres 0.76 acres 06 acres 0.70 acres Land Coverage 94 n acres(I1)(16)(29` 10.18 acres (11)(16)(29)(30) Landscaped Open Space (4)(11)(I6)Land Coverage (29)(30) Two story development 5.99 acres Three story development 7.30 acre, Four story development '.nom Re °g Five story development 8.31 affes Six story development 8.60 aeees Seven story development 8.70 9 aefes Eight story development 80 - 93 acres Nine story development 9.A4 acres 'Fen story development Eleven story development Twelve story development 2. Site B Allowable Building Area ...... 5.02 acres 6.42 acres 7.12 acres 7.54 acres 7.82 acres 8.02 acres 8.17 acres 8.29 acres 8.38 acres 8.46 acres 8.52 acres 965,216 square feet (13)(16) (28) 967,803 square feet (13)(16) (28)(30) Site Area ........43.703 acres (4)(11) 16 3. a. Building Height Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development b. Parking 3,219 ,....,. 3,226 cars Land Coverage (l6)(28)(30) ..... n 11 T aP�F�� 11.11 acres "9 aeFe 7.41 acres ........ .`� �4 aeFe 5.55 acres ........^.43 aeFe 4.44 acres ........ 3.69 -aeFe 3.70 acres � - " aeFe's 3.17 acres ........'.7tee? 2.78 acres ........2.46 acres 2.47 acres ........2 22 acre 27 2...� acres ........ ' 2.01 acre 2.02 acres ........ 1 Qc,- 5 Rpres 1.85 acres Land Coverage (11) (13) (16) (28) (30) ........'6 Qom'- apFp-s 26.88 acres C. Landscaped Open Space (11) Land Coverage (ll)(13)(16)(28)(30) Two story development ........ `.°� 80 ass 5.71 acres Three story development ........ 1) °O.r�� nPrePreq 9.41 acres Four story development ..... 11.34 1.' �4 acres 1 1.27 acres Five story development ..... 12.^z n aefes 12.38 acres Six story development ..... 13.19 13.12 acres Seven story development ..... 1' .� 71 ate° eg 13.65 acres Eight story development ..... 14.1 «.-e^ 14.04 acres Nine story development ..... 14.^� 2 ass 14.35 acres Ten story development ..... 14.66 acres 14.60 acres Eleven story development ..... 14 9;! apFeg 14.80 acres Twelve story development ..... 15.^, 03 acres 14.97 acres Site C 10 Allowable Building Area ........674,800 square feet (15) (17)* Site Area .......... 18.806 acres (4) a. Building Height Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development 17 Land Coverage (15) ........7.75 acres ........5.16 acres ........3.87 acres ........3.10 acres ........2.58 acres ........2.21 acres ........1.94 acres ........1.72 acres ........1.55 acres ........1.41 acres ........1.29 acres E. Building Height Maximum building height shall not exceed height limits set by the Federal Aviation authority for Orange County Airport. Group IV. SERVICE STATIONS A. Building Site (4) (5) (11) Site 3: 1.765 acres ................ ..........................1.765 acres Service station site 3 shall be located within Office Site F and shall not exceed 1.765 acres in size. Any portion or all of Site 3 not utilized for service station use shall revert to either professional and business office use or restaurant use. (4) Group V. RESTAURANTS (1) (4) A. Building Sites Maximum acreages for Site 2 shall not exceed 1.25 (18) acres. Maximum acreage for Site 3: 1.765 acres. Maximum acreages for Sites 4 and 5 shall not exceed 3.0 acres. Maximum acreage for Sites 6 and 7 shall not exceed 2.2 acres. (8) (The following acreages are for information only.) Site I Deleted see Group VII. .................. (18) Site 2 .......................... ...........................1.25 acres Site 3 ........................... ..........................1.765 acres Site 4 Deleted (30) .... ...........................1.500 acres Site 5 Deleted ( 30) ............................... 5n, 0 HUes Site 6 .......................... ...........................1.50 acres (8) Site 7 .......................... ...........................0.70 acres (8) n 5.215 acres ....................... 5.215 acres (30) Site I Deleted see Group VII Private Club (18) Site 3 located within Office Site "F ". (4) Sites 2 n and c located within Office Site "B" im (16) Site 2(4101 Jamboree. —Taco Bell) located within Office Site "B'.'.(4)(16)(30) Site 4 (4300 Von Karman Avenue — Koto Restaurant) deleted and reverted to Site B Professional and Business;Office Allowable Building Area..(30) Site 5 .deleted from Office Site "B" and transferred to Office Site "A" as Professional and Business Office Allowable Building Area (30) Sites 6 and 7 located within Office Site "G ". (8) Any portion or all of the restaurant, bar, theater /nightclub acreage for Sites 2, 4, 5, 6 or 7 not utilized for that purpose shall revert to professional and business office use. Any portion or all of the restaurant acreage for Site 3 not utilized for that purpose shall revert to either professional and business office use or service station use. (4) (8) (18) 22 Group VI. The following statistics are for information only. Development may include but shall not be limited to the following. B. Building Area (4) Site 2 .....................5,00 .............0.'o 0.11 acres 2,397 sq. ft.... 0.06 acres (30) Site 3 ...................10,000 sq. ft. ............ 0.22 acres Sae . ..................... 7,000 sq. ft. ............ 0.1 E aer s Sit.. .....................7,000 spy. 0.16 acres Site 6 (8) ...............7,000 sq. ft. ............ 0.16 acres Site 7 (8) ...............3.000 sa. ft............. 0.07 acres 22.397 sa. ft .............0.51 acres........ 0.51 acres (8) (18) (30) C. Parkin Criteria: 300 occupants/] 0,000 sq. ft. I space /3 occupants and 120 cars per acre. Site 2 ..........................50 GaeS. .............. 0.42 awes 24 cars.......... 0.20 acres (30) Site 3 ........................100 cars . .............. 0.84 acres Site 4 .........................30 cars ............... 0.58 acres Site 5 ..........................79 cis............... 0-5 S-8-saas Site 6 (8) ....................70 cars ........ .... ...0.58 acres Site 7 (8) ....................30 cars ............... 0.25 acres 224 cars ...............1.87 acres........ 1.87 acres (8) (18) (30) D Landscaped Open Space (4) Site 2 . ...........................0.'e , 2 aeres ..... ...........................0.99 acres (30) Site 3 . ...........................0.70 acres S+te-0 ............................ 0.76 -¢ores Site 5 ............... ............. 0.76 Beres Site 6 (8) ......................0.76 acres Site 7 (8) ......................0.38 acres 4. 08ae. e5 ................................. n n4 (Q) 14) 2.83 acres ...... ...........................2.83 acres (8) (18) (30) E. Building Height Building height of structures shall be limited to a height of thirty -five (35) feet. RETAIL & SERVICE CENTER A. Building Site (4) (5) 23 Site I .. ..........................5.026 acres Site 2 ............................1.500 acre Deleted (30) 6.4' z^- °s ............................ -6.526 acres 5.026 acres ..... ..........................5.026 acres (30) Site 2 shall be located within Office Site "B." any portion or all of the retail and service Site 2 acreage not utilized for that purpose shall revert to professional and business office use. (4) (16) Site 2 deleted from Office Site `B" and transferred to Office Site "A" as Professional and Business Office Allowable Building Area. (30) B. Allowable Building Area (5) *Retail Site No. I .................. 102,110 sq. ft. (14)(27) Retai! Site Ne 10,000 scT G (30) *Retail Site No. l (S. Ft.) Parcel Existing Total Parcel I,R/S 588 (H) (1 -I) 70,630 Parcel 3,R/S 506 (R) (R) 0 (0) (0) 22,000 Parcel 4. R/S 506 (R) 4,115 (R) 21,896 (0) 0 (0) 5,474 Subtotal (R) 12,315 (R) 21,896 (0) 0 (0) 27,474 (H) 70,630 Total 120,000 (14)(27) (R) = Retail (0) = Office (H)= Hotel C. Landscape Area (5) Twenty -five (25) percent of the 5.026 acres constituting retail and service center Site No. I shall be developed as landscape area. If twenty -five (25) percent of the 5.026 acres constituting retail and service center Site No. I is not developed as landscape area, a specific site plan shall be submitted to the City of Newport Beach Planning Commission for approval prior to the issuing of a building permit. D. Statistical Analysis (5) The following statistics are for information only. Development may include but shall not be limited to the following. 24 Assumed parking criteria: One (1) space per 200 square feet of net building area at 120 cars per acre. 1. Site 1 Allowable Building Area ....................... ........................120,000 sq. ft.(24)(27) (14) Site Area ................ ............................... ..........................5.026 acres a. Building Height (14) Two story development . ...........................1.17 acres Three story development ..........................0.78 acres Four story development ...........................0.59 acres Five story development . ...........................0.47 acres b. Parking (14) 460 cars ......................... ...........................3.83 acres C. Landscaped Open Space (14) Two story development . ...........................0.03 acres Three story development ..........................0.87 acres Four story development ...........................0.61 acres Five story development . ...........................0.73 acres 2. S tc (30) E. Building Height Building height of structures shall be limited to a height of thirty -five (35) feet above mean existing grade as shown on Exhibit "B." (5) Group VII. PRIVATE CLUB (18) A. Building Site Site 1 ....................2.0 acres ..................................... 2.0 acres 25 Planning Commission Resolution No. Page 17 of 19 Exhibit "D" STANDARD CODE REQUIREMENTS 1. The project is subject to all applicable City ordinances, policies; and, standards, unless specifically waived or modified by the conditions of approval. 2. The development shall be in substantial conformance with the approved site plan and floor plans dated July 27, 2006 (except as modified by applicable conditions of approval). 3. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 4. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. 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. 5. The parking level shall have 8 feet 2 inches clear ceiling height. 6. The elevator shall not open to the stair enclosure. 7. The stairs shall have one -hour enclosure. 8. A preliminary code review is recommended. 9. The parking lot layout and the subterranean parking area shall comply with the City Standard Plans STD - 805 -L -A and STD - 805 -L -B; and, shall be reviewed and approved by the City Traffic Engineer. 10. The ramp slope to the subterranean parking shall comply with City Standard Plan STD - 160 -L -C. 11. Drive aisle leading into the subterranean parking area shall be a minimum of 26 feet wide. 12. The final on -site parking, vehicular and pedestrian circulation systems shall be reviewed and approved by the City Traffic Engineer. 13. The mechanical equipment shall not impact the required parking stalls or drive aisle dimensions. 14. No above ground permanent improvements shall be built within the limits of the existing utilities and pedestrian easements adjacent to the property frontage, along the MacArthur Boulevard. Planning Commission Resolution No. Page 18 of 19 15. The applicant shall submit a detail drainage plan to show how the storm runoff that travels down the driveway ramp will be discharged in a timely manner so as to prevent the underground garage from being flooded from raining. 16. All improvements shall be constructed per the Public Works Department standards. Additional public works improvements may be required at the discretion of the Public Works Department. 17. An ADA compliant curb access ramp shall be constructed at each of the MacArthur Boulevard curb returns, at the entrance to the shared service driveway. 18. All above ground utilities shall be located outside the sight distance planes per City Standard Plan STD - 110 -L. 19. A construction traffic control plan shall be approved by the City prior to the issuance of the encroachment permit. Said plan shall be wet sealed, signed and dated by a California Registered Traffic Engineer. 20. Elevator shall be gumey accommodating in accordance with Chapter 30 of the California Building Code, 2001 Edition. Interior cab dimensions shall be a minimum of 54 inch by 80 inch. 21. The building shall be provided with an automatic fire sprinkler system. 22. The sprinkler system shall be monitored. 23. Approved numbers or addresses shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting the property. Said numbers shall be of non - combustible materials and contrast with their background and shall be either internally or externally illuminated by a photo cell to visible at night. The numbers shall be no less than six inches in height with a one -inch stroke. 24. The parking garage gate shall be strobe and knox key switch. 25. The building shall be provided with a knox box. 26. A Fire Department connection shall be located within 150 feet if a fire hydrant. 27. The building plans shall specify the occupancy classification. 28. Prior to issuance of building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site and any adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices. The landscape plans shall be approved by the Planning Director prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation Planning Commission Resolution No. Page 19 of 19 system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 29. All landscape materials and landscaped areas 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. 30. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets; and, shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 31. Prior to the issuance of a building permit or within 30 days of receiving a final notification of costs, the applicant shall be responsible for the payment of all administrative costs identified by the Planning Department. 32. The construction and equipment staging area shall be located in the least visually prominent area on the site and shall be properly maintained and /or screened to minimize potential unsightly conditions. 33. A six -foot high screen and security fence shall be placed around the construction site during construction. 34. Construction equipment and materials shall be properly stored on the site when not in use.