HomeMy WebLinkAbout1819 - RECOMMEND ADOPTION OF MND, APPROVAL OF GPA, PD, NP, AND EXCEPTIONS TO THE PC DEVELOPMENT STANDARDS_4300 VON KARMAN AVERESOLUTION NO. 1819
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING ADOPTION OF
A MITIGATED NEGATIVE DECLARATION, APPROVAL OF
GENERAL PLAN AMENDMENT NO. GP2007 -009, APPROVAL
OF PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT NO. PD2007 -006, APPROVAL OF TENTATIVE
PARCEL MAP NO. NP2010 -005, AND APPROVAL OF
EXCEPTIONS TO THE PLANNED COMMUNITY GENERAL
DEVELOPMENT STANDARDS FOR A NEW COMMERCIAL
OFFICE BUILDING LOCATED 4300 VON KARMAN AVENUE
(PA2007 -213)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Professional Real Estate Services, Inc. (PRES), with respect
to property located at 4300 Von Karman Avenue, and legally described as Parcel 1 of
Parcel Map, as per map filed in Book 60, Page 14 of Parcel Maps, in the Office of the
Orange County Recorder, requesting approval of: 1) a General Plan Amendment to
increase the maximum allowable development limit of the Land Use Element by 11,544
gross square feet, 2) an amendment to the Koll Center Newport (PC -15) Planned
Community text to allow an increase to the Allowable Building Area for Professional &
Business Office Site B by 9,917 net square feet, 3) approval of a tentative parcel map to
subdivide the existing 55,779- square -foot parcel of land into two separate parcels, and 4)
an exception to the Koll Center Newport Planned Community General Development
standards which require a minimum site of area of not less than 30,000 square feet,
and to lower the parking requirement of one space for each 225 net square feet to one
space for each 250 net square feet.
2. The applicant proposes to develop a new 11,960- gross- square -foot commercial office
building.
3. The subject property is located within the Koll Center Newport (PC -15) Planned
Community Zoning District and the General Plan Land Use Element category is Mixed -
Use Horizontal 2 (MU -1-12).
4. The subject property is not located within the coastal zone.
5. A public hearing was held by the Planning Commission on August 5, and August 19,
2010, 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 Newport Beach Municipal Code. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this meeting.
Planning Commission Resolution No. 1819
PRIES Office Building B (PA2007 -213)
Paqe 2 of 12
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance
with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K -3.
2. The draft Mitigated Negative Declaration (MND) was circulated for a 20 -day public
comment period beginning on May 19, 2010, and ending on June 7, 2010. The
contents of the environmental document and comments on the document were
considered by the Planning Commission in its review of the proposed project.
3. An Errata to the MND, dated August 13, 2010, was prepared which clarifies and
augments data in the document, and supports the conclusions reached in the draft
MND. Consistent with CEQA Guidelines section 15073.5(c)(4), recirculation of the
MND is not required when new information is added to the document which merely
clarifies, amplifies, or makes insignificant modifications to the MND.
4. On the basis of the entire environmental review record, the proposed project, with
mitigation measures, 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 (MMRP) are feasible and will reduce the potential
environmental impacts to a less than significant level.
5. The MND and MMRP attached as Exhibit "A" is hereby recommended for adoption by
the City Council. The document and all material, which constitute the record upon
which this decision for recommendation was based, are on file with the Planning
Department, City Hall, 3300 Newport Boulevard, Newport Beach, California.
6. 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. FINDINGS.
1. The project site is located in the Statistical Area L4 (Airport Area) of the Land Use
Element of the General Plan, and is identified as Anomaly Location #2. The General
Plan Land Use Element designates the project site as Mixed -Use Horizontal 2 (MU-
112). The MU -H2 designation provides for a horizontal intermixing of uses that may
Planning Commission Resolution No. 1819
PRES Office Building B (PA2007 -213)
Page 3 of 12
include regional commercial office, multifamily residential, vertical mixed -use buildings,
industrial, hotel rooms, and ancillary neighborhood commercial uses. The proposed
new commercial office building is consistent with this designation.
2. General Plan Policy LU 3.2 encourages the enhancement of existing neighborhoods,
districts, and corridors, by allowing for re -use and infill with uses that are
complementary in type, form, scale, and character. The policy states that changes in
use and /or density /intensity should be considered only in those areas that are
economically underperforming, are necessary to accommodate Newport Beach's
share of projected regional population growth, improve the relationship and reduce
commuting distance between home and jobs, or enhance the values that distinguish
Newport Beach as a special place to live for its residents. The scale of growth and new
development shall be coordinated with the provision of adequate infrastructure and
public services, including standards for acceptable traffic level of service.
The proposed General Plan amendment to increase the maximum allowable
development limit by 11,544 gross square feet restricted to office use only, as depicted
in Exhibit "B" and Exhibit "C" attached hereto and incorporated by reference, is
consistent with General Plan Policy LU 3.2 as follows:
The former use of the project site was a restaurant with an 84 -space surface parking
lot. In 2005, the applicant renovated the existing building and converted it to office
use. Due an amendment to the Koll Center Newport Planned Community text in 2006,
a restaurant is no longer a permitted use. As a result, there is now a surplus of
unused parking spaces on the project site. As there is no entitlement remaining, future
development on this site is limited to replacement of the existing building, with a new
7,266- square -foot building. The site is constrained by a 0.13 FAR because it was
originally used as a restaurant site with the required off - street parking spaces.
Therefore, the project site is underutilized and cannot be developed to perform at its
highest and best use.
The applicant proposes to develop a new commercial office building on the project site
which would provide a potential increase in employment opportunities for
approximately 53 individuals. The Airport Area has been identified as an ideal location
for future housing opportunities. The increase in development limits would provide
employment opportunities as existing office and /or industrial uses are replaced with
the future development of mixed -use residential villages in the Airport Area.
The proposed new commercial office building could help maintain the City's jobs -to-
housing balance if commercial uses are replaced by residential uses in the Airport
Area.
1 The existing building consists of 6,850 gross square feet in area; 416 square feet was demolished and
removed during renovation and conversion of the building from restaurant to office use.
Planning Commission Resolution No. 1819
PRES Office Building B (PA2007 -213)
Page 4 of 12
• The increased development limit would allow for development and infill with a new
commercial office building that is complementary in type, form, scale and character,
and consistent with the existing development pattern in the area.
• The proposed project would be served by adequate infrastructure and public services,
and the proposed increase in development limits would not exceed existing service
levels for public services or utilities.
• As described in the analysis included in the Transportation and Traffic Section of the
MND (Pages 3 -59 through 3 -65, and in the Errata, Pages 4 -16 through 4 -18), the
proposed project is expected to generate a total of 132 ADT (average daily trips) per
day, and a total of 19 a.m. peak hour trips and 18 p.m. peak hour trips. These
assumptions are based on criteria from the Institute of Transportation Engineers Trip
Generation, 8th Edition. Per the Circulation Element of the General Plan, a Level of
Service (LOS) E is considered acceptable at intersections in the John Wayne Airport
Area shared with the City of Irvine. The addition of 19 a.m. peak hour trips and 18
p.m. peak hour trips is not anticipated to worsen the LOS at these shared intersections
with implementation of the proposed project. Thus, operation of the proposed project
would not impact the standards for acceptable traffic LOS in this area.
3. General Plan Policy LU 6.15.1 provides for the development of distinct business park,
commercial, and airport- serving districts and residential neighborhoods that are
integrated to ensure a quality environment and compatible land uses. The proposed
General Plan amendment to increase the maximum allowable development limit is
consistent with this policy as follows:
• The proposed project would provide for development of the site with a new
commercial office building, integrated to ensure a quality environment that is
compatible with the existing surrounding land uses in the Koll Center Newport
Planned Community.
4. Charter Section 423 requires that all proposed General Plan Amendments be
reviewed to determine if the square footage (for non - residential projects), peak hour
vehicle trip, or dwelling unit thresholds would be exceeded as the means to determine
whether a vote by the electorate would be required to approve the General Plan
Amendment. Pursuant to Council Policy A -18, voter approval is not required as the
proposed General Plan Amendment, with the increased development limit of 11,544
gross square feet restricted to office use only, does not exceed the non - residential
floor area threshold, does not exceed the peak hour vehicle trip threshold, and does
not create any new dwelling units.
5. The General Plan includes several goals and policies emphasizing high quality
redevelopment and new development of sites, utilizing adequate standards for site and
building design, parking and undergrounding of utilities, landscaping, and signage
control. The Koll Center Newport Planned Community Development Standards
provides the regulations to implement these various goals and policies.
Planning Commission Resolution No. 1819
PRIES Office Building B (PA2007 -213)
Page 5 of 12
6. The amendment to the Koll Center Newport Planned Community text to increase the
allowable building area for Office Site B from 967,803 net square feet to 977,720 net
square feet, with the granting of exceptions to the minimum site area of not less than
30,000 square feet, and a change the off - street parking requirements of one space for
each 225 square feet to one space for each 250 square feet would meet the intent of
the Koll Center Newport Planned Community Development Considerations. As
described below, the development standards would be substantially met, and the
project as proposed would not be detrimental to the surrounding office developments.
7. The granting of the exception to subdivide the existing 55,779- square -foot parcel of
land into two separate parcels, comprised of approximately 32,395 square feet, and
approximately 23,383 square feet can be made subject to the facts in support of
following findings:
A. Findinq:
That the granting of the exception will not be detrimental to the public welfare or
injurious to other property in the vicinity.
A.1 Facts in Support of Findinq:
The granting of the exception to the minimum lot size would not be detrimental
to the public welfare or injurious to other property in the vicinity because:
• The area in which the project site is located is fully developed and bounded
on the north by common areas comprised of landscaping and a large water
feature (referred to as a retarding basin in the MND).
• The proposed development would be located within the building envelope of
the project site, would meet the setback requirements, and would not
exceed the maximum height requirements.
• The proposed lot size of 23,383 square feet is similar to or larger than other
lots in the vicinity of the project site (4320 Von Karman: approximately
12,294 square feet; 4220 Von Karman: 23,065 square feet; and 4040
MacArthur Blvd.: 25,847 square feet).
B. Findinq;
That the Development Considerations and intent of this Planned Community
Development Standards are substantially met.
Planning Commission Resolution No. 1819
PRIES Office Building B (PA2007 -213)
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B.1 Facts in Support of Findinq:
The Development Considerations are provided on page 2 of the Koll Center
Newport Planned Community text, and includes a provision that a precise
development plan be submitted to the Planning Director for review in order to
insure development consistent with the master plan concept of the Koll Center.
The precise plan shall be reviewed prior to the issuance of any building permit
to show conformance with the requirements of the planned community text. The
plan review material shall include:
1. Building Criteria: a) size, b) location, c) height, and d) materials
Parking Criteria: a) areas, including drives and accesses, b) quantity, and c)
size
3. Landscaped Areas: a) setbacks, b) walls, c) plazas, and d) pools, fountains
and /or other amenities
4. Signing Criteria: a) location, b) size, and c) quantity
5. All other site improvements as directed by the Planning Director
Detail plans have been submitted for informational purposes, and include of the
above required items, with the exception of signage plans which would be
required for review prior to the issuance of any building or sign permit.
B.2. Facts in Support of Finding:
If the amendment to the General Plan and planned community text is approved
to allow an increase in the development limits, and the exception to the
minimum site area and parking requirements were granted, the intent of the
development standards would be substantially met because:
• A commercial office building is a permitted use in Office Site B.
• The proposed development would be located within the building envelope of
the site.
• The proposed building would meet the required setback, building height and
landscape requirements.
• The proposed project would be incorporated into the overall development
pattern of the Koll Center, a master planned campus office park complex.
Planning Commission Resolution No. 1819
PRIES Office Building B (PA2007 -213)
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8. The granting of the exception to the Koll Center Planned Community General Parking
Requirement standards to lower the parking requirement of one space for each 225
net square feet to one space for each 250 net square feet can be made because this
parking ratio is consistent with Chapter 20.66 of the NBMC, and adequate off - street
parking to accommodate all parking needs for the project site will be provided.
9. A tentative parcel map tentative parcel map to subdivide the existing 55,779- square-
foot parcel of land into two separate parcels in order to accommodate development of
the new office building has been prepared in accordance with Title 19 of the Newport
Beach Municipal Code (NBMC). The Planning Commission determined in this case
that the proposed parcel map is consistent with the legislative intent of Title 20 of the
NBMC, and the following findings per Section 19.12.070, and facts in support of such
findings are set forth:
A. Finding:
That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with
applicable provisions of the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
A -1. The purpose of the proposed parcel map to subdivide the existing 55,779 -
square -foot parcel of land into two separate parcels. As part of the proposed
project, the applicant requests approval of a General Plan amendment to
increase the maximum allowable development limit on the subject property to
allow development of new office building on one of the two parcels. If the
General Plan amendment is approved, the proposed subdivision and
improvements of the subdivision would be consistent with the General Plan and
the MU -H2 land use designation.
B. Finding:
That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
B -1. The proposed subdivision would create two lots which would be physically
suitable to accommodate the proposed development of a new office building,
and the lots have a slope of less than 20 percent, which is suitable for
development.
B -2. As part of the proposed project, the applicant requests approval of a General
Plan amendment and an amendment to the Koll Center Newport Planned
Community text to increase the maximum allowable development limit on the
subject property. If the General Plan amendment and planned community text
Planning Commission Resolution No. 1819
PRES Office Building B (PA2007 -213)
Page 8 of 12
amendment are approved, the project site would be physically suitable for the
amount of entitlement (or intensity) proposed for development of the site.
C. Finding:
That the design of the subdivision or the proposed improvements will not cause
substantial environmental damage nor substantially and avoidably injure fish or
wildlife or their habitat.
Facts in Support of Finding:
C -1. A MND has been prepared for the proposed project, and it has been
determined that the design of the subdivision for the proposed development will
not result in a significant effect on the environment, nor substantially and
avoidably injure fish or wildlife or their habitat. An Errata to the MND dated
August 13, 2010, was prepared in order to clarify data in the MND, and support
the conclusions reached in the draft MND. Pursuant to CEQA Guidelines
section 15073.5(c)(4), recirculation of the MND is not required as a result of the
Errata because in consists of new information added to the MND that merely
clarifies, amplifies, or makes insignificant modifications to the MND.
D. Finding:
That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
Facts in Support of Finding:
D -1. The proposed parcel map would subdivide the existing 55,779- square -foot
parcel of land into two separate parcels. Construction for the proposed new
office building would comply with all Building, Public Works, and Fire Codes,
which are in place to prevent serious public health problems. Public
improvements will be required of the developer per Section 19.28.010 of the
Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances
of the City and all Conditions of Approval shall be complied with.
E. Finding:
That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision. In this connection, the decision -
making body may approve a map if it finds that alternate easements, for access
or for use, will be provided and that these easements will be substantially
equivalent to easements previously acquired by the public. This finding shall
apply only to easements of record or to easements established by judgment of
a court of competent jurisdiction and no authority is hereby granted to the City
Planning Commission Resolution No. 1819
PRIES Office Building B (PA2007 -213)
Pape 9 of 12
Council to determine that the public at large has acquired easements for access
through or use of property within a subdivision.
Facts in Support of Finding:
EA The design of the development will not conflict with any easements acquired by
the public at large for access through or use of property within the proposed
development, and all on -site easements including those for reciprocal ingress
and egress shall be incorporated on the final parcel map.
F. Finding:
That, subject to the detailed provisions of Section 66474.4 of the Subdivision
Map Act, if the land is subject to a contract entered into pursuant to the
California Land Conservation Act of 1965 (Williamson Act), the resulting parcels
following a subdivision of the land would not be too small to sustain their
agricultural use or the subdivision will result in residential development
incidental to the commercial agricultural use of the land.
Facts in Support of Finding:
F.1 Because the subject property is not considered an agricultural preserve and is
less than 100 acres, it is not subject to the Williamson Act. In addition, the
subject property is zoned PC -15 (Koll Center Newport Planned Community),
which does not allow agricultural uses.
G. Finding:
That, in the case of a "land project' as defined in Section 11000.5 of the
California Business and Professions Code: (a) there is an adopted specific plan
for the area to be included within the land project; and (b) the decision - making
body finds that the proposed land project is consistent with the specific plan for
the area.
Facts in Support of Finding;
GA The property is not a "land project' as defined in Section 11000.5 of the
California Business and Professions Code, and the project site is not located
within a specific plan area.
H. Finding:
That solar access and passive heating and cooling design requirements have
been satisfied in accordance with Sections 66473.1 and 66475.3 of the
Subdivision Map Act.
Planning Commission Resolution No. 1819
PRIES Office Building B (PA2007 -213)
Pape 10 of 12
Facts in Support of Finding:
HA The proposed parcel map and improvements associated with the proposed
project are subject to Title 24 of the California Building Code that requires new
construction to meet minimum heating and cooling efficiency standards
depending on location and climate. The Newport Beach Building Department
enforces Title 24 compliance through the plan check and inspection process.
Finding:
That the subdivision is consistent with Section 66412.3 of the Subdivision Map
Act and Section 65584 of the California Government Code regarding the City's
share of the regional housing need and that it balances the housing needs of
the region against the public service needs of the City's residents and available
fiscal and environmental resources.
Facts in Support of Finding;
1.1 The proposed parcel map would subdivide the existing 55,779- square -foot
parcel of land into two separate parcels. No residential uses are proposed as
part of the project, and no affordable housing units are being eliminated.
Finding:
That the discharge of waste from the proposed subdivision into the existing
sewer system will not result in a violation of existing requirements prescribed by
the Regional Water Quality Control Board (`RWQCB').
Facts in Support of Finding:
J.1 The proposed project would not exceed wastewater treatment requirements of
the RWQCB, and additional wastewater discharge into the existing sewer
system generated by the proposed project would not violate RWQCB
requirements.
K.
Finding:
For subdivisions lying partly or wholly within the Coastal Zone, that the
subdivision conforms with the certified Local Coastal Program and, where
applicable, with public access and recreation policies of Chapter Three of the
Coastal Act.
Facts in Support of Finding:
K.1 The subject property is not located in the Coastal Zone.
Planning Commission Resolution No. 1819
PRIES Office Building B (PA2007 -213)
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
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 the Mitigated Negative
Declaration, including the Mitigation Monitoring and Reporting Program, attached as
Exhibit "A ". The document and all material, which constitute the record upon which
this decision was based, are on file with the Planning Department, City Hall, 3300
Newport Boulevard, Newport Beach, California.
2. The Planning Commission of the City of Newport Beach does hereby recommend that
the City Council approve General Plan Amendment No. GP2007 -009 to increase the
maximum allowable development limit by 11,544 gross square feet restricted to office
use only, as depicted in Exhibit "B" and Exhibit "C" attached hereto and incorporated
by reference.
3. The Planning Commission of the City of Newport Beach does hereby recommend that
the City Council approve an exception to the Koll Center Newport Planned Community
General Development standards which require a minimum site of area of not less than
30,000 square feet, and approve a change in the off - street parking requirement of one
space for each 225 square feet to one space for each 250 square feet of net floor
area.
4. The Planning Commission of the City of Newport Beach does hereby recommend that
the City Council approve Planned Community Development Plan Amendment No.
PD2007 -006 to amend the Koll Center Newport (PC -15) Planned Community text to
allow an increase in the allowable building area for Professional & Business Office Site B
from 967,803 net square feet to 977,720 net square feet, as depicted in Exhibit "D"
attached hereto and incorporated by reference.
5. The Planning Commission of the City of Newport Beach does hereby recommend that
the City Council approve Tentative Parcel Map NP2010 -006.
6. The Planning Commission of the City of Newport Beach does here recommend that
the City Council approve the PRIES Office Building B Project subject to the Conditions
of Approval set forth herein in Exhibit "E."
Planning Commission Resolution No. 1819
PRES Office Building B (PA2007 -213)
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PASSED, APPROVED AND ADOPTED THIS 19th DAY OF AUGUST, 2010.
AYES: EATON, UNSWORTH, MCDANIEL, AMERI, AND TOERGE
NOES: NONE
ABSENT: HAWKINS AND HILLGREN
f
Earl McDaniel, Chairman
BY:
Mioha oerge, Secretary
Mitigation and Monitoring Reporting Program
No.
Mitigation Measure
Time Frame for
Responsible
Verification of Compliance
Implementation&
Monitoring
Hritials
Date
Remarks
Monitorin
Agency
Biological Resources -
BI O -1
The removal of ornamental trees on site shall not
During construction
Project
be scheduled during the avian nesting season
construction
(approximately February 1 through August 31)
contractor
to ensure project conformance with the
Migratory Bird Treaty Act. If clearing and
grubbing are proposed to occur between
February 1 and August 31, a preconstruction
survey for nesting birds shall be conducted by a
qualified biologist no more than 7 days prior to
the start of construction.
If nesting birds occur within the disturbance
limits, a buffer around the nest shall be
determined by a qualified biologist. All
construction activities shall occur outside the
buffer area until a qualified biologist has
determined that the nest is complete and that no
new nesting activity has occurred within the
buffer area.
Glrltural Resources ;
.._ _..
CR -I
Protect plans shall specify that that a qualified
During construction
Project
paleontologist shall be contacted in the event that
construction
potential paleontological resources are
contractor
discovered. During construction, the contractor
shall halt site excavation or preparation if
suspected fossilized remains are unearthed.
Construction shall cease on site and shall not be
resumed until a qualified paleontologist is
contacted to assess the resources and identify
appropriate treatment measures, if applicable.
Treatment measures may include salvaging
fossils and samples of sediments as they are
unearthed to avoid construction delays and/or
temporarily halting or diverting equipment to
allow removal of abundant or large specimens.
Recovered specimens shall be prepared to a point
of identification and permanent preservation,
including washing of sediments to recover small
invertebrates and vertebrates. Specimens shall
be curated into a professional, accredited
museum repository with permanent retrievable
storage. A report of findings, with an appended
itemized inventory of specimens, shall be
No.
Mitigation Measure
Time Frame for
Responsible
Verification of Com liance
-
Implementation&
Monitoring
Initials '
Date
Remarks
Monitoring
Agency
prepared and shall signify completion of the
program to mitigate impacts on paleontological
resources.
Geology acid Soils °- _
GEO 1
Prior to approval of grading permits, soil
Prior to issuance of
City of Newport
preparation measures to minimize expansion
grading permits
Beach Building
potential shall be identified by the applicant in
Department
construction documents and grading permits.
During construction, grading of the site by the
contractor shall adhere to grading plans approved
by the City. Soils required to bring the site to
final grade shall be placed as engineered fill. The
site soils may be re -used as compacted fill
provided the material is cleaned of organics,
demolition debris, and other deleterious
materials. Fill originating on the project site shall
be moisture - conditioned to approximately 130%
of optimum and compacted to a minimum
relative compaction of 90% in accordance with
American Society for Testing and Materials
(ASTM) standard D1557 for laboratory
compaction characteristics. The implementation
of these measures shall be verified during field
inspections.
GEO -2
Prior to approval of grading permits, the grading
Prior to issuance of
City of Newport
plans shall stipulate that all fill shall consist of
grading permits
Beach Building
non - expansive materials, moisture - conditioned
Department
to near optimum if cohesionless, and to 130% of
optimum if cohesive or clayey. The
characteristics of the fill soil shall be evaluated
by the geotechnical consultant prior to
placement, and confirmed to meet grading plan
specifications.
GEO -3
Prior to approval of grading permits, the grading
Prior to issuance of
City of Newport
plans shall stipulate that wall backfill soils shall
grading permits
Beach Building
consist of granular, cohesionless backfill with
Department
sand equivalent greater than 30 and an expansion
index less than 20. The characteristics of the fill
soil shall be evaluated by the geotechnical
consultant prior to placement, and confirmed to
meet grading planspecifications.
Hydrology and Water Quality
WQ -1
Prior to issuance of grading permits, the
Prior to issuance of
City of Newport
applicant shall prepare and have approved by the
grading permits
Beach Public
City a SWPPP to be implemented during
Works
construction, which shall include BMPs to
Department
prevent discharges of polluted stornwater from
construction sites from entering the storm drains
or the existing retarding basin. The S WPPP shall
be prepared as directed in the City's stormwater
No.
.Mitigation Measure,
Time Frame for
Responsible
Verification of Com liance
Initials
Date
Remarks
Implementation&
Monitoring
Monitoring
Agency
protection requirements, and may include, but
not be limited to, the following measures:
• Diversion of off -site runoff away from the
construction site.
• Revegetation of exposed soil surfaces as
soon as feasible following grading activities.
• installation of perimeter straw wattles to
prevent off -site transport of sediment.
• Protection of drop inlets (filters and sand
bags or straw wattles) with sandbag check
dams in paved roadways.
• Provision of specifications for construction
waste handling and disposal.
• Training of subcontractors on general site
housekeeping.
Norse = -
_.
N-I
All noise- producng project equipment and
During final design
City of Newport
vehicles using internal combustion engines shall
and prior to plan
Beach Code
be equipped with mufflers, air -inlet silencers
check approval
Enforcement
where appropriate, and any other shrouds,
shields, or other noise-reducing features in good
City of Newport
operating condition that meet or exceed original
Beach Building
factory specification. Mobile or fixed "package"
Department
equipment (e.g., arc welders, air compressors)
shall be equipped with shrouds and noise control
features that are readily available for that type of
e ui ment.
N -2
All mobile and fixed noise - producing equipment
During grading, site
City of Newport
used on the proposed project that is regulated for
preparation, and
Beach Code
noise output by a local, state, or federal agency
construction
Enforcement
shall comply with such regulation while in the
course of project activity.
City of Newport
Beach Building
Department
N -3
Electrically powered equipment shall be used
During final design
City of Newport
instead of pneumatic or internal combustion—
and prior to plan
Beach Code
powered equipment, where feasible.
check approval
Enforcement
During grading, site
City of Newport
preparation, and
Beach Building
construction
Department
N -4
Mobile noise- generating equipment and
During, grading, site
City of Newport
machinery shall be shut off when not in use.
preparation, and
Beach Code
construction
Enforcement
City of Newport
Beach Building
Department
No.
Mitigation Measure
Time Frame for
Responsible
Verification of Com liance
Implementation&
Monitoring
Initials
Date
Remarks.
MonitoringA
enc
N -5
Material stockpiles and mobile equipment
During, grading, site
City of Newport
staging, parking, and maintenance areas shall be
preparation, and
Beach Code
located as far as practical from noise - sensitive
construction
Enforcement
receptors.
City of Newport
Beach Building
Department
N -6
Construction site and access road speed limits
During, grading, site
City of Newport
shall be established and enforced during the
preparation, and
Beach Code
construction period.
construction
Enforcement
City of Newport
Beach Building
Department
N -7
The use of noise - producing signals, including
During, grading, site
City of Newport
horns, whistles, alarms, and bells, shall be for
preparation, and
Beach Code
safety warning purposes only.
construction
Enforcement
City of Newport
Beach Building
Department
N -8
No project- related public address or music
During, grading, site
City of Newport
system shall be audible at any adjacent receptor.
preparation, and
Beach Code
construction
Enforcement
City of Newport
Beach Building
Department
N -9
The onsite construction supervisor shall have the
During final design
City of Newport
responsibility and authority to receive and
and prior to plan
Beach Code
resolve noise complaints. A clear appeal process
check approval
Enforcement
to the project proponent shall be established
prior to construction commencement that shall
During grading, site
City of Newport
allow for resolution of noise problems that
preparation, and
Beach Building
cannot be immediately solved by the site
construction
Department
supervisor.
EXHIBIT "B"
REVISED TABLE LU2
ANOMALY LOCATIONS
Anomaly
Number
Statistical
Area
Land Use
Designation
Development
Limit (so
Development Limit Other
- - -
Additional Information
1
L4
MU -H2
460,095
471 Hotel Rooms (not included
in total square footage)
2
L4
MU -1-12
4,060461,052,880
2a
L4
MU-1-12
18 810
11,544 sf restricted to
general office use only
(included in total square
footage)
3
L4
CO -G
734,641
4
1.4
MU -H2
250,176
5
L4
MU -112
32,500
6
L4
MU -H2
34,500
7
L4
MU -H2
81,372
8
1.4
MU -1-12
442,775
9
L4
CG
120,000
164 Hotel Rooms (included in
total square footage)
10
L4
MU -H2
31,362
349 Hotel Rooms (not included
in total square footage)
11
L4
CG
11,950
12
L4
MU -H2
457,880
13
L4
CO -G
288,264
14
L4
CO- G(MU -H2
860,884
15
1.4
MU -H2
228,214
16
L4
CO -G
344,231
17
L4
MU -H2
33,292
304 Hotel Rooms (not included
in total square footage)
18
L4
CG
225,280
19
1.4
CG
228,530
21
A
CO -G
687,000
Office: 660,000 sf
Retail: 27,000 sf
CV
300 Hotel Rooms
22
A
CO -G
70,000
Restaurant: 8000 sf, or
Office: 70,000 sf
23
K2
PR
15,000
24
L3
IG
89,624
25
L3
PI
84,585
26
L3
IG
33,940
27
L3
IG
86,000
28
L3
IG
110,600
29
L3
CG
47,500
30
M6
CG
54,000
31
L2
PR
75,000
32
1.2
PI
34,000
Anomaly
Number
Statistical
Area
Land Use Development
Designation limit so
Development Limit Other
Additional Information
33
M3
PI
163,680
Administrative Office and
Support Facilitates:
30,000 sf
Community Mausoleum and
Garden Crypts: 121,680 sf
Family Mausoleums:
12,000 sf
34
L1
CO -R
484,348
35
L1
CO -R
199,095
36
L1
CO -R
227,797
37
L1
CO -R
131,201
2,050 Theater Seats (not
included in total square
footage)
38
L1
CO -M
443,627
39
L1
MU -1-13
408,084
40
L1
MU -1-13
1,426,634
425 Hotel Rooms (included in
total Square Footage)
41
L1
CO -R
327,671
42
L1
I CO -R
286,166
43
L1
Cv
611 Hotel Rooms
44
L1
CR
1,619,525
1,700 Theater Seats (not
included in total square
footage)
45
L1
CO -G
162,364
46
L1
MU -H3 /PR
3,725
24 Tennis Courts
Residential permitted in
accordance with MU -1-13.
47
L1
CG
105,000
48
L1
MU -1-13
337,261
49
L1
I PI
45,208
50
L1
CG
25,000
51
K1
PR
20,000
52
K1
Cv
479 Hotel Rooms
53
K1
PR
567,500
See Settlement Agreement
54
J1
CM
2,000
55
H3
PI
119,440
56
A3
PI
1,343,238
990,349 sf Upper Campus
577,889 sf Lower Campus
In no event shall the total
combined gross floor area of
both campuses exceed the
development limit of
1,343,238 sq. ft.
57
Intentionally Blank
58
J5 I
PR
20,000
.. -
Anomaly
Number
MM
Statistical
Area
I
Land Use Development
Designation Limit (so
Development Limit Other
Additional Information
59
H4
MU -W1
487,402
157 Hotel Rooms and 144
Dwelling Units (included in total
square footage)
60
N
CV
2,660,000
2,150 Hotel Rooms (included in
total square footage)
61
N
CV
125,000
62
L2
CG
2,300
63
G1
CN
66,000
64
M3
CN
74,000
65
M5
CN
80,000
66
J2
CN
138,500
67
D2
PI
20,000
68
1-3
PI
71,150
69
K2
CN
75,000
70
D2
RM -D
Parking Structure for Bay
Island (No Residential Units)
71
L1
CO -G
11,630
72
L1
CO -G
8,000
73
A3
CO -M
350,000
74
L1
PR
35,000
75
1-1
PF
City Hall, and the
administrative offices of
the City of Newport
Beach, and related
parking, pursuant to
Section 425 of the City
Charter.
EXHIBIT "C"
REVISED FIGURE LU11
FOR
STATISTICAL AREAS J6, L4
wtt A=dMd JMi frvraoe
CITY of NEWPORT BEAC
GENERALPLAN
Figure LU7f
STATISTICAL AREAS
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EXHIBIT "D"
KOLL CENTER NEWPORT PLANNED COMMUNITY TEXT CHANGES
PART II COMMERCIAL
Section I. Site Area and Building Area
Group I PROFESSIONAL & BUSINESS OFFICES
Acreages shown are net buildable land area including landscape setbacks with
property lines. (4)
A. Building Site (4)
Total AcreaEe
Site A
30.939 acres * (29)
Site B
43.703 acres (11)
Site C
18.806 acres (10)
Site D
19.673 acres
Site E
2.371 acres
Site F
1.765 acres
Site G
5.317 acres (8)
122.574 acres (8)(10)(11)
B. Allowable Building Area
Office Acreage
30.939 acres *(29)
43.703 acres (11)
18.806 acres (10)
19.673 acres
2.371 acres
1.765 acres
5.317 acres (8)
122.574 acres(8)(10)(I1)
Site A 366,147 square feet (16)(26)(29)(30)
Site B 967- 8&3squar° feet (13)( 6)(U)(30 ) 977,720 s ware feet (13)(16)(28)(30)
Site C 674,800 square feet (10)(15)
Site D 240,149 square feet (8)(13)
Site E 32,500 square feet (4)
Site F 24,300 square feet (4)
Site G 45,000 square feet (8)
2,350,699 square feet_(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)
C.
2. Site B
Statistical Analysis (4)
The following statistics 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.
Allowable Building Area
Site Area
a.
In
Buildine Heieht
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
Parkine
3,2-263259 cats
C. Landscaped Open Space (11)
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
967,803 square feet (13,16,28,30)
43.703 acres (4) (11)
Land Coverage (16,28,3 0)
........... X1111_22 acres
........... 7.417.18 acres
........... 5- 555.61 acres
........... 444.49 acres
........... 3- 793.74 acres
........... -34-73.21 acres
........... 2.782.81 acres
........... 2.472.49 acres
........... 2.222.24 acres
........... 2.022.04 acres
........... 4:851.87 acres
Land Coverage (11,13,16,28,30)
............... 26.8827_16 acres
Land Coverage (11,13,16,28,30)
............... 5:715.32 acres
............... 9419.06 acres
............... 11.2710.93 acres
............... 12812_05 acres
............... 13 12_80 acres
............... 13.6513.33 acres
............... 14.0413_73 acres
............... . 143514_05 acres
............... 146914.30 acres
............... .14.8 14.50 acres
............... 445714_67 acres
EXHIBIT "E"
CONDITIONS OF APPROVAL
PRES Office Building B
4300 Von Karman Avenue
General Plan Amendment No. GP2007 -009
Planned Community Development Plan Amendment No. PD2007 -006
Tentative Parcel Map No. NP2010 -005
1. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of the PRES
Office Building B Project including, but not limited to, the General Plan Amendment
No. GP2007 -009, Planned Community Development Plan Amendment No. PD2007-
006, and Tentative Parcel Map No. NP2010 -005; and /or the City's related California
Environmental Quality Act determinations, the certification of the mitigated Negative
Declaration and /or the adoption of a Mitigation Monitoring Programs for the project.
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.
2. A parcel map shall be recorded with the Orange County Clerk- Recorder Department.
The Map shall be prepared on the California coordinate system (NAD83). Prior to
recordation of the Map, the surveyor /engineer preparing the Map shall submit to the
County Surveyor and the City of Newport Beach a digital - graphic file of said map in a
manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision
Code and Orange County Subdivision Manual, Subarticle 18. The map to be
submitted to the City of Newport Beach shall comply with the City's CADD
Standards. Scanned images will not be accepted.
3. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the
Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle
18. Monuments (one inch iron pipe with tag) shall be set on each lot corner, unless
otherwise approved by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of construction project.
PRES Office Building B (PA2007 -213)
Exhibit "E" - Conditions of Approval
Paae 2 of 4
4. All improvements shall be constructed as required by City Ordinance and the Public
Works Department, and shall comply with all Building, Public Works and Fire Codes.
5. No permanent structures may be built within the limits of any easement within the
property, unless otherwise approved by the Public Works Department.
6. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
7. All applicable Public Works Department plan check fees, improvement bonds and
inspection fees shall be paid prior to processing of the map by the Public Works
Department.
8. County Sanitation District fees shall be paid prior to issuance of any building permits, if
required by the Public Works Department or the Building Department.
9. Prior to recordation of the Parcel Map, fair share fees shall be paid in accordance with
City Ordinance 94 -19 of the Newport Beach Municipal Code.
10. The parcel map shall be recorded prior to the issuance of any building permits.
11. If required, prior to site plan approval and issuance of any building permits, the
applicant shall file a notice of Proposed Construction or Alteration with FAA (FAA Form
7460 -1) in accordance with Federal Aviation Regulation (FAR) Part 77. The City shall
refer the proposed project to the Orange County Airport Land Use Commission for
consistency analysis. The Director of Planning, or designee, shall verify that the City
has received a Determination of No Hazard to Air Navigation, if required, prior to the
issuance of building permits for the northern parcel.
12. Additional Public Works improvements, including street and alley reconstruction, work
may be required at the discretion of the Public Works Inspector.
13. If any of the existing public improvements surrounding the site is damaged by the
private work, public works improvements including, but not limited to, curb and gutter,
sidewalk, and alley /street reconstruction may be required at the discretion of the Public
Works Inspector.
14. An encroachment agreement shall be applied for and approved by the Public Works
Department for all non - standard improvements within the public right -of -way and /or
extensions of private, non - standard improvements into the public right -of -way fronting
the development site.
15. Arrangements shall be made with the Public Works Department in order to guarantee
satisfactory completion of the public improvements if it is desired to record a parcel
map or obtain a building permit prior to completion of the public improvements.
PRES Office Building B (PA2007 -213)
Exhibit "E" - Conditions of Approval
Paqe 3 of 4
16. Overhead utilities serving the site shall be undergrounded to the nearest appropriate
pole in accordance with Section 19.28.090 of the Municipal Code unless it is
determined by the City Engineer that such undergrounding is unreasonable or
impractical.
17. A sewer demand capacity study shall be submitted to the Public Works Department
along with the first plan check. The study recommendations) shall be incorporated as
part of the submitted plans. Any cost of upgrading the existing City sewer lateral shall
be borne by the applicant.
18. The applicant shall provide a new public sewer easement for the existing City sewer
lines along the southerly property lines. (Note: The new easements do not appear to
impact the proposed development.)
19. In accordance with the provisions of Chapter 13 (or any other applicable chapters) of
the Newport Beach Municipal Code, additional street trees may be required and
existing street trees shall be protected in place during construction of the subject
project, unless otherwise approved by the General Services Department and the
Public Works Department through an encroachment permit or agreement.
20. All improvements shall comply with the City's sight distance requirement. See City
Standard 110 -L.
21. The parking layout and circulation is subject to further review by the Public Works
Department. The parking layout shall comply with City Standard STD - 805 -L -A and
STD - 805 -L -B.
22. Trash service shall be provided prior to the start of the work day so it does not impact
the overall circulation of the site.
23. All on -site drainage shall comply with the latest City Water Quality requirements.
24. All existing drainage facilities in the public right -of -way shall be retrofitted to comply
with the City's on -site non -storm runoff retention requirements. The Public Works
Inspector shall field verify compliance with this requirement prior to recordation of the
parcel map.
25. Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagmen. Traffic control and transportation of equipment and materials shall be
conducted in accordance with state and local requirements.
26. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport
Beach Municipal Code, approved street numbers or addresses shall be placed on all
new and existing buildings in such a location that is plainly visible and legible from the
street or road fronting the subject property. Said numbers shall be of non - combustible
PRES Office Building B (PA2007 -213)
Exhibit "E" - Conditions of Approval
Page 4 of 4
materials, shall contrast with the background, and shall be. either internally or
externally illuminated to be visible at night. Numbers shall be no less than four inches
in height with a one -inch wide stroke. The Planning Department Plan Check designee
shall verify the installation of the approved street number or addresses during the plan
check process for the new or remodeled structure.
27. This Parcel Map shall expire if the map has not been recorded within three years of
the date of approval, unless an extension is granted by the Planning Director in
accordance with the provisions of Section 19.16 of the Newport Beach Municipal
Code.
Mitigation Measures
28. The applicant shall comply with all mitigation measures and standard conditions
contained within the approved Mitigation Monitoring and Reporting Program of the
adopted Mitigated Negative Declaration (Exhibit "A ") for the project.