HomeMy WebLinkAbout5.02_PC-2 - City Council ResolutionAttachment No. PC 2
City Council Resolution No. 2011 -86
RESOLUTION NO. 2011 -86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE
DECLARATION, FINDING TRAFFIC STUDY NO. TS2011 -001 IN
COMPLIANCE WITH THE TRAFFIC PHASING ORDINANCE,
APPROVING GENERAL PLAN AMENDMENT NO. GP2010 -009,
SITE DEVELOPMENT REVIEW NO. SR2010 -001, CONDITIONAL
USE PERMIT NO. 2010 -024, VARIANCE NO. 2010 -004, AND
PARCEL MAP NO. 2010 -008, FOR A COMMERCIAL
DEVELOPMENT PROJECT LOCATED AT 100 -300 WEST
COAST HIGHWAY (PA2010 -114)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by VBAS Corporation, with respect to properties located at 100-
300 West Coast Highway, and legally described as Lots 1, 2, 3 ,4, 5, and 6 of Tract No.
1210 requesting approval of a General Plan Amendment (GPA) to accommodate the
development of a 23,015- square -foot, two -story commercial building and a three -story
parking structure The following applications were requested or required in order to
implement the project as proposed:
a. An amendment to the Land Use Element of the General Plan to increase the
allowable floor area for the project site from 16,518 square feet (0.5 FAR) to a
maximum development limit of 23,015 square feet (approx. 0.7 FAR);
b. An amendment to the Zoning Map of the Zoning Code to increase the allowable
floor area limitation for the project site from 0.3/0.5 FAR to a maximum
development limit of 23,015 square feet (approx. 0.7 FAR);
c. A site development review to allow the construction of a 23,015- square -foot,
two -story building and a three -story parking structure that will exceed the 31-
foot base height limit with a maximum height of 40 feet;
d. A conditional use permit to allow for the construction of a parking structure
adjacent to a residential zoning district, to modify the off - street parking
requirements, allow for the use of off -site parking, and to establish a parking
management plan for the site;
e. A variance to allow the commercial building and parking structure to encroach
five feet into the five -foot rear yard setback;
f. A parcel map to consolidate six lots into one parcel; and
g. A traffic study pursuant to the City's Traffic Phasing Ordinance.
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2. The subject property is located within the Commercial General (CG) Zoning District and
the General Plan Land Use Element category is Commercial General (CG).
3. The subject property is not located within the coastal zone.
4. A public hearing was held by the Planning Commission on June 23, 2011, 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.
5. At the June 23, 2011, Planning Commission hearing, the Planning Commission voted
unanimously to deny the project without prejudice.
6. On July 1, 2011, the Planning Commission's decision to deny the applicant's request was
appealed by City Councilmember Edward Selich. The appeal was filed to allow the City
Council an opportunity to review the project since the project sits at the western entry
into the Mariner's Mile corridor, which is an area the City is trying to revitalize given the
poor condition of the properties.
7. Due to the concerns expressed by the community and the Planning Commission at the
June 23, 2011, Planning Commission hearing, the applicant modified the application
request by reducing the project gross floor area from 23,015 square feet (approx 0.7
FAR) to 19,905 square feet ( approx. 0.6 FAR), increased on -site parking supplies, and
eliminating the need for off -site parking.
8. A public hearing was held by the City Council on August 9, 2011, 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 City Council at this meeting.
9. Pursuant to Section 20.64.030.C, the public hearing was conducted "de novo,"
meaning that it was a new hearing and the decision being appealed has no force or
effect as of the date the call for review was filed.
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 was circulated for a 30 -day comment period
beginning on April 11, 2011 and ending on May 11, 2011. The contents of the
environmental document and comments on the document were considered by the City
Council in its review of the proposed project.
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3. 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 are feasible and will reduce the potential
environmental impacts to a less than significant level.
4. The modifications proposed by the applicant do not constitute "substantial revisions"
that would warrant recirculation of the MIND pursuant to CEQA Guidelines Section
15073.5.
5. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
attached as Exhibit A is hereby adopted. 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.
6. The City Council 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.
1. The project site is located within the Mariner's Mile commercial corridor. The Land Use
Element of the General Plan designates the site General Commercial (CG), which is
intended to provide for a wide variety of commercial activities primarily oriented to
serve citywide or regional needs. The proposed commercial 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.
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The proposed GPA and companion Code Amendment for increased intensity is
consistent with General Plan Policy LU 3.2 as follows:
a. The General Plan recognizes the Mariner's Mile corridor as a location that
needs revitalization.
b. The increased intensity would provide an economic stimulus needed to
accommodate the redevelopment of six lots into one commercial development.
c. As stated in the General Plan, Newport Beach residents desire high quality
development and have identified the Mariner's Mile corridor is an area that
needs revitalization.
d. Redevelopment of the subject property helps implement the goal of revitalizing
the corridor and may encourage the redevelopment of other underperforming
properties within the Mariner's Mile corridor. The project's high quality and
distinctive architectural features, such as the corner tower element and cupola,
will serve as a focal point and anchor into the entry into the Mariner's Mile
corridor. In addition, the project's landscaping and water feature within the
public right -of -way will significantly improve the streetscape in the corridor.
e. The traffic impact analysis that was prepared for the project found that the
addition of project - related traffic would not have a significant impact at any of
the study intersections.
f. The project site is served by existing infrastructure and public services. The
proposed increase in intensity will not necessitate any expansion of existing
infrastructure. The project will extend the transition area from three lanes to two
lanes (lane drop extension) on West Coast Highway, which will improve safety
of westbound traffic and improve access to the site. The removal of the three
existing power poles and undergrounding of the power lines will provide a public
benefit.
3. 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 units 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 represents a cumulative increase (including
prior amendments) of 3,387 square feet and an increase of 10.16 a.m. and 13.55 p.m.
peak hour trips. Therefore, the project and prior amendments do not cumulatively
exceed Charter Section 423 thresholds as to require a vote of the electorate
4. Municipal Code Chapter 15.40 (Traffic Phasing Ordinance, or TPO) requires that a
traffic study be prepared and findings be made before building permits may be
approved if a proposed project will generate in excess of 300 average daily trips
(ADT). For the purposes of preparing the traffic analysis for this project, the originally
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proposed 23,015- square -foot commercial building was assumed to include '12,722
square feet of quality restaurant, 7,293 square feet of specialty retail, and 3,000
square feet of medical office. Combined, this land use mix is forecast to generate
1,292 additional trips per day, including 16 additional a.m. peak hour trips and 70 p.m.
peak hour trips. This land use mix yields a higher project trip generation than the
actual currently proposed land use mix of 9,557 square feet of restaurant, 8,651
square feet of retail, and 1,697 square feet of medical office and, therefore, the traffic
analysis prepared for this project is considered to be a conservative as it over-
estimates average daily trips. Pursuant to Section 15.04.030.A, the project shall not be
approved unless certain findings can be made. 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.
Facts in Support of Finding:
A -1. A traffic study, entitled "Mariner's Pointe Traffic Impact Analysis dated February
17, 2011" was prepared by RBF Consulting under the supervision of the City
Traffic Engineer pursuant to the TPO and its implementing guidelines. A total of
12 primary intersections in the City were evaluated.
Finding:
B. That based on the eight of the evidence in the administrative record, including
the traffic study, one of the findings for approval in subsection (8) can be made:
15.40.030.B.1 Construction of the project will be completed within 60
months of project approval; and
15.40.030. B.1(a) The project will neither cause nor make an unsatisfactory
level of traffic service at any impacted intersection.
Facts in Support of Finding:
B -1. Construction of the project is anticipated to be completed in 2012. If the project
is not completed within sixty (60) months of this approval, preparation of a new
traffic study will be required.
B -2. The traffic study indicates that the project will increase traffic on six of the 12
study intersections by one percent (1 %) or more during peak hour periods one
year after the completion of the project and, therefore, these six intersections
require further Intersection Capacity Utilization (ICU) analysis.
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B -3. Utilizing the ICU analysis specified by the TPO, the traffic study determined that
the six primary intersections identified will continue to operate at satisfactory
levels of service as defined by the Traffic Phasing Ordinance, and no mitigation
is required.
B -4. Based on the weight of the evidence in the administrative record, including the
traffic study, the implementation of the proposed project will neither cause nor
make worse an unsatisfactory level of traffic service at any impacted primary
intersection within the City of Newport Beach.
Finding:
C. 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.
Facts in Support of Finding:
C -1. Since implementation of the proposed project will neither cause nor make
worse an unsatisfactory level of traffic service at any impacted primary
intersection within the City of Newport Beach, no improvements or mitigation
are necessary.
5. The project consists of 19,905 square feet of commercial floor area and requires Site
Development Review, and in accordance with Section 20.52.080 of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set
forth:
Finding:
A. Allowed within the subject zoning district.
Facts in Support of Finding:
A -1. A commercial building with retail, office, and restaurant uses is a permitted use
pursuant to Section 20.20.020 of the Zoning Code. The specific restaurants will
be required to obtain separate minor or conditional use permits prior to
occupying the building.
Finding:
B. Compliance with this Section (20.52.080], the General Plan, this Zoning Code,
any applicable specific plan, and other applicable criteria and policies related to
the use or structure.
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Facts in Support of Finding:
B -1. The proposed commercial building is consistent with the CG General Plan land
use designation and CG zoning district. A General Plan Amendment and
Zoning Map Amendment are requested to allow the proposed increase in
intensity.
B -2. As required by the Zoning Code, a variance has been requested to allow for the
encroachment into the rear setback.
B -3. Land Use Element Policy LU 6.19.6 requires the implementation of landscape,
signage, lighting, sidewalk, pedestrian crossing, and other amenities consistent
with the Mariner's Mile Strategic Vision and Design Framework. Applicable to
this project would be the landscape, lighting, and signage recommendations
within the framework. Project signage has not yet been developed and will be
submitted for a subsequent review. The project implements the landscaping
requirements of the framework by providing the minimum four - foot -wide planter
area with continuous hedge and palms plantings. With regard to lighting, the
lighting has been designed to respect the views from above and to prevent any
light spillage beyond the perimeter of the structure and to eliminate any sources
of glare to the residents and motorists. The framework also includes
architectural objectives that focus on responsible and sensitive design, with an
emphasis on roofs and roof elements to respond to views from above. The
proposed building has been designed with tiled tower elements and clean flat
roofs with all mechanical equipment screened from view within an enclosure.
The third level of the parking structure has been designed with a partial solid
roof that screens the resident's view of vehicles and lighting.
Finding:
C. 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.
Facts in Support of Finding:
C -1. The commercial building is configured in such way to resemble a village of two -
story buildings, with various roof heights, connected to parking on each of the
two levels.
C -2. Although the project is requesting an increase in height, the building will not
block or significantly obstruct any views of the bay or harbor from the residential
homes located on the 40 to 50 -foot high hillside above the project site. The
residential neighbors will maintain their 180 degree private views, although the
cupola feature may project slightly into the view plane toward the Bad Bay
Bridge.
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C -3. The roof of the commercial building has been designed to respect the views of
the residences above and consists of a combination of flat and sloped roof
lines. Roof -top mechanical equipment would be fully enclosed within an
equipment enclosure and would not be visible from the residences above. The
enclosure will have louver vents directed away from the residential properties.
C -4. The rear two- thirds of the parking structure would be enclosed and will screen
the view of the parked vehicles and parking structure lighting from the residents
located above the hillside. The parking structure roof will also provide an
additional sound buffer to the residents above.
C -5. The mechanical equipment enclosure has been located at the rear of the
commercial building to minimize the bulk of the building as viewed from West
Coast Highway.
Finding:
D. The compatibility in terms of bulk, scale, and aesthetic treatment of structures
on the site and adjacent developments and public areas.
Facts in Support of Finding:
D -1. The building and parking structure includes modulated building masses and
rooflines and a variation of building materials and colors that would provide
visual relief.
D -2. To break up the bulk and massing of the parking structure as viewed from West
Coast Highway, a 1194 - square -foot commercial space has been located on the
1st level of the structure, below the ramp, providing a storefront and retail
presence in front the of the structure. A tower element will extend this storefront
along the face of the structure.
D -3. The inclusion of architectural elements such as balconies, tower features,
awnings, trellises, ornamental windows and railings, and the variation in
building elevations and protrusions would also enhance the visual quality of the
buildings and street frontage.
D -4. The project's architectural style, with the use of stone, tile and glass materials,
blends in color and form with some development within Mariner's Mile, will
provide a high standard of quality for future neighboring development, and
complies with the Mariner's Mile Strategic Vision and Design Framework.
D -5. The tower and cupola feature, the tallest portion of the building, is located at the
southeasterly corner of the site, away from the nearest residential and
commercial uses. To minimize the bulk of the parking structure as viewed from
West Coast Highway, the parking structure roof has been setback 37 feet 5
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inches from the front edge of the structure. A trellis runs along the front of the
roof to provide increased screening of the parking structure deck as viewed
from above and improving the aesthetics of the parking structure as viewed
from West Coast Highway. The height of the parking structure along the front
fagade is 29 feet 4 inches providing a transition to the commercial properties to
the west, with the exception of the two tower elements along the front of the
parking structure which break up the massing of the parking structure and adds
visual interest through a variation in roof heights.
D -6. The west elevation of the building has been designed with no openings due to
its proximity to the side property line and in anticipation that the commercial site
to the west may be redeveloped in the future; however, until such time, the west
elevation will be visible from motorist traveling south of West Coast Highway.
To soften the appearance of this elevation and break up the mass of the
parking structure, large green screens would be installed and separated by
columns. Architectural detailing has also been added in the form of stoner
veneer, columns and boarders around the green screens.
D -7. The rear elevation of the building and parking structure has also been designed
as a flat wall with no openings due to its placement on the rear property line and
will range in height from approximately 20 feet to 35 feet from existing grade.
However, the homes located on the hillside above are located a minimum of 60
feet away and approximately 40 -50 feet above the project's pad elevation with
views oriented predominately over the project site towards the bay and harbor,
and therefore, will not be significantly impacted by the height and bulk of the
structures.
Finding:
E. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces.
Facts in Support of Finding:
E -1. The project would eliminate one existing driveway access off Dover Drive and
would consolidate four existing driveways along West Coast Highway into two
driveways. Therefore, the project minimizes the number of driveways along
West Cost Highway, thereby reducing potential conflicts and increasing
vehicular safety. The lane drop extension of Coast Highway will also enhance
the safety of the highway, while providing safe access from the site, as
determined by the City Traffic Engineer.
E -2. The project proves adequate sight distance at each driveway, as determined by
the City Traffic.
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E -3. The proposed parking structure has been designed to accommodate and
provide safe access for emergency, delivery, and refuse collections vehicles, as
determined by the City Traffic.
E -4. The project would include enhanced pedestrian walkways that provide access
between the various uses and areas within the project site and to the
surrounding public sidewalks and uses.
E -5. The existing bus stop along the project frontage would be relocated and a new
designated 'Bus Only" area would be created between the two driveways.
E -6. The project results in a total peak parking demand of 149 spaces, which can be
entirely provided on site within the 150 -space parking structure without any
adjustments in parking requirements. In addition, a shared parking analysis
prepared from the project indicates that because of the different peak hours of
operation of the assumed mix of tenants, not all of the uses within the project
will require their full allotment of parking spaces at the same time. The analysis
indicates that the total parking required has two separate peaks: 1) one peak
during the early afternoon with a total demand for 122 parking spaces at 1:00
p.m.; and 2) a second peak in the early evening with a total demand of 141
parking spaces at 6:00 p.m. Therefore, the project provides a surplus of one
parking space based on Code requirements and nine spaces based on the
shared parking analysis.
F. The adequacy and efficiency of landscaping and open space areas and the use
of water efficient plant and irrigation materials.
Facts in Su000rt of Findin
F -1. The project includes the enhanced use of landscaping, including a variation of
ornamental groundcover, vines, shrubs, and trees, to help soften and buffer the
massing of the parking structure and commercial building from the surrounding
areas and roadways.
F -2. A new water feature design would encompass the southeast corner of the
project site.
F -3. The landscape plan includes the requirements of the Mariner's Mile Strategic
Vision and Design Framework, but also incorporates non - invasive and water
conserving plant types.
F -4. The project is subject to the City's Water Efficient Landscape Ordinance
(Chapter 14.17 of NBMC).
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Finding:
G. The protection of significant views from public right(s) -of -way and compliance
with Section 20.30. 100 (Public View Protection).
Facts in Support of Finding:
G -1. The portion of West Coast Highway, on which the project is located, is not a
designated coastal view road and is not considered a public view corridor
requiring public view protection.
Findinq:
H. Not detrimental to the harmonious and orderly growth of the City, or endanger,
jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the
neighborhood of the proposed development.
Facts in Support of Finding:
H -1. The project has been conditioned to ensure that potential conflicts with
surrounding land uses are minimized to the extent possible to maintain a
healthy environment for both businesses and residents.
H -2. The project's refuse area is located within the first level of the parking garage
and will not result in odor impacts to residents above or noise associated with
refuse collection.
H -3. To minimize or eliminate odors associated with the restaurant uses impacting
the residents above the site, the project has been conditioned to require the
installation of Pollution Control Units with odor eliminators that take the exhaust
from the hoods in the kitchens and filter it for particulates and odor.
H-4. Any illumination of the proposed tower and cupola feature has been conditioned
to consist of soft accent lighting so as not to become a visual disturbance to the
views of the adjacent residents.
H -5. The project is subject to the City's Outdoor Lighting requirements contained
with Section 20.30.070 of the Zoning Code.
H -6. The proposed 750 - square -foot outdoor dining area located within the public- right-
of -away adjacent to Dover will be screened from view of the residents above the
hillside and is not anticipated to result in a significant noise disturbance; however,
until the specific operation of the restaurants are better known, the project has
been conditioned prohibiting this outdoor patio and deferring review until the of the
use permit applications for the future restaurant uses are submitted.
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6. The project site is located in the Nonresidential, Shoreline Height Limit Area where the
height of structures are limited to 26 feet for flat roofs /parapet walls and to 31 feet for
sloped roofs with a minimum 3:12 pitch. The height of a structure can be increased up
to a maximum of 35 feet for flat roofs /parapet walls and up to 40 feet for sloped roofs,
subject to the approval of a Site Development Review. In accordance with Section
20.30.060.0.3 of the Newport Beach Municipal Code, the following findings and facts
in support of such findings are set forth:
Finding:
A. The project applicant is providing additional project amenities beyond those that
are otherwise required.
Facts in Support of Finding:
A -1. The most significant amenity the project provides is the long desired
redevelopment of this highly visible property that serves as a gateway into the
Mariner's Mile corridor. This property is constrained due to its shallow depths
and as such has proven difficult to redevelop and as fallen into disrepair. The
proposed building exhibits a high level of architectural detail and includes
design features that enhance the aesthetics of the building and the area. The
most prominent design feature of the building is the octagonal tower and cupola
at the southeasterly corner of the site intended to serve as a landmark feature
and an anchor into the Mariner's Mile corridor area of the City. The proposed
parking structure has been designed to incorporate a variety of materials and
features (i.e. stone treatment and hanging vines) and includes vertical recessed
openings and a storefront with a vertical tower element to break up the massing
and monotony commonly associated with parking structures.
A -2. The project includes enhanced landscaping of the public right -of -way along the
West Coast Highway and Dover Drive. In addition to the continuous hedge and
palm trees requirement of the Mariner's Mile Strategic Vision and Design
Framework, the landscaping plan incorporates additional ornamental
groundcover, vines, shrubs, and trees, to help soften and buffer the massing of
the parking structure and commercial building and enhance the streetscape of
Mainer's Mile. To further improve the streetscape and improve the entrance into
the corridor, the applicant is proposing the installation of 280 - square —foot water
feature that would encompass the southeast corner of the project site. Water
effects are proposed to include a knife -edge water weir falling towards the
street at the center, boarded by low walls at each end of the feature. The water
feature will also include plant material and a combination or eroded, colored
concrete and natural stone.
A -3. The design and height of the building benefits the residential properties above
and to the north by providing noise attenuation from the roadway noise
generated from vehicles on West Coast Highway and Dover Drive. As
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illustrated in Figure 14 of the MND, a net decrease in roadway noise of up to 9
dBA CNEL is expected as a result of the noise attenuation effect of the new
structures.
A -4. At minimum, City policy requires the applicant to underground their utilities from
the nearest power pole, allowing the power poles to remain in place. In this
case, the applicant is proposing to completely remove the power poles and
underground the power lines around the eastern, southern, and western
perimeter of the project site.
A -5. Another amenity includes the elimination of the existing driveway access off
Dover Drive and the consolidation of the existing four driveways along West
Coast Highway into two main access driveways. Therefore, the project
minimizes the number of driveways along West Cost Highway, ensuring that the
desired traffic flow along this major road is maintained and ensuring that the
continuity of the street - facing building elevations would not be interrupted. The
extension of the lane drop on West Coast Highway also serves to enhance the
safety of the highway by extending the length of the merge lane, which
providing safe access from the site
Finding:
B. The architectural design of the project provides visual interest through the use
of light and shadow, recessed planes, vertical elements, and varied roof planes.
Facts in Support of Finding:
B -1. The goal of the architectural design is to simulate the appearance of a small
Mediterranean village of two -story commercial buildings, resulting in modulated
building masses and rooflines. The project consists mainly of flat roofs with
heights between 29 feet 4 inches and 32 feet 4 inches. Several vertical
elements have been included in the design such as the tower features and
elevator /stairwell enclosures which range in height from 35 feet to 40 feet. The
main elevator and stairwell enclosure has been integrated into the building
fagade as a prominent architectural feature and creates a transition between
the commercial and parking structure components of the project. To break up
the bulk and massing of the parking structure as viewed from West Coast
Highway, a 1194 - square -foot commercial space has been located on the first
level of the structure, below the ramp, providing a storefront and retail presence
in front the of the structure. A tower element extends this storefront vertically
along the face of the structure.
B -2. The storefronts on both the upper and lower level will be setback from the edge
of the balcony along the street elevation, creating light and shadow effects.
Light and shadow will also be created through the extensive use of awnings and
recessed openings. The massing of the parking structure is also minimized
through the use of vertical opening openings along the street frontage.
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Finding:
C. The increased height will not result in undesirable or abrupt scale changes or
relationships being created between the proposed structure(s) and existing
adjacent developments or public spaces. Where appropriate, the proposed
structure(s) provide a gradual transition to taller or shorter structures on
abutting properties.
Facts in Support of Finding:
C -1. The tower and cupola feature, the tallest portion of the building, is located at the
southeasterly corner of the site, away from the nearest residential and
commercial uses. The height of the project transitions in height from east to
west, minimizing the change in scale to the adjacent commercial priorities to the
west. With the exception of the tower elements and mechanical equipment
enclosure, the height of the commercial building is 32 feet 4 inches. To
minimize the visual height and bulk of the parking structure as viewed in
perspective from West Coast Highway, the partial parking structure roof cover
has been setback 37 feet 5 inches from the front edge of the structure. With the
exception of the two 37- foot -high tower features, the resulting height of the
parking structure along the front fagade is 29 feet, 4 inches providing a
transition to the commercial properties to the west as viewed from the highway.
Although the adjacent commercial property is currently with one -story
commercial buildings, the site has the potential to be redeveloped at heights of
31 feet without discretionary approvals.
C -2. The homes on the residential lots to the north are situated at the top of the
hillside that ranges in height from 40 -50 feet above the project's pad elevation.
The homes are also located a minimum of 60 feet back from the rear property
line. These vertical and horizontal separations between the proposed
commercial building and the homes at the top of the slope minimize the impact
of the proposed structure heights to the adjacent residences.
Finding:
D. The structure will have no more floor area than could have been achieved
without the approval of the height increase.
Facts in Support of Finding:
D -1. The requested increase in floor area does not drive the need for the increased
height. The need for the third level of the parking structure is primarily driven by
the need to provide parking for the two restaurants that will serve of anchor
tenants to the development.
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City Council Resolution No. 2011 -86
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D -2. Even if the project is designed with only the two restaurants at the currently
permitted 0.5 FAR, the third level of parking would be needed to accommodate
the 105 parking spaces parking anticipated for the restaurant uses. The height
of the parking structure could be reduced from 35 feet to 29 feet 4 inches if the
roof cover was removed; however, the roof cover provides a benefit to the
residents located above the hillside as it shields parking structure lighting and
glare, and buffers vehicle noise.
D -3. With regard to the height of the commercial building, the need for height is
driven by the need to provide desirable12- foot -high ceilings for the retail tenants
ensuring that these commercial building will remain marketable to tenants. In
order to provide 12- foot -high clear ceilings and accommodate space for
mechanical systems and fire sprinklers, a total plate height between 14 feet 6
inches and 17 feet 6 inches is necessary. Plate heights within the project utilize
a 14- foot -8 -inch dimension. It's also important to note that a majority of the
structure will maintain a maximum height of 29 feet 4 inches, with the exception
for the tower elements, designed to enhance the architecture of the building,
and elevator /stairwell enclosures and mechanical equipment enclosure.
7. Pursuant to Sections 20.40.070.B.3 and 20.40.110.B.2 of the Zoning Code, a
conditional use permit is required to allow for the construction of a parking structure
adjacent to a residential zoning district and to establish a parking management plan. In
accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the
following findings and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
A -1. The commercial building and related uses are consistent with CG General Plan
land use designation. The parking structure is considered an accessory use that
supports of the commercial uses. Parking structures and the use of valet are
commonly associated with restaurant development and compatible with the
other commercial uses located in Mariner's Mile.
Finding:
B. The use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
B -1. The commercial building and related uses are consistent with CG zoning
district. The parking structure is considered an accessory use that supports of
the commercial uses. Parking structures located adjacent to residential districts
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City Council Resolution No. 2011 -86
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requires review and approval of a conditional use permit to minimize impacts to
the residential uses.
Finding:
C. The design, location, size, and operating characteristics of the use are
compatible with the allowed uses in the vicinity.
Facts in Support of Finding:
C -1. The parking structure is proposed to be located at the base of the hillside
adjacent to a residential district, where the neighboring residential properties
are located along the top of the hillside approximately 40 -50 feet above the
project's pad elevation. The height of the covered portion of the parking
structure is 35 feet at the rear of the property directly adjacent to the residential
district. The residential dwellings will remain approximately 22 feet higher in
elevation than the surface of the third level parking deck (25 feet, 10 inches)
and 12 feet, 6 inches higher in elevation than the top of the parking structure
roof. The closest residential dwelling is located approximately 60 feet from the
rear property line. These vertical and horizontal separations between the
proposed commercial building and the homes provide adequate distance so
that the mass and bulk of the parking structure should not negatively impact
residents. The rear two - thirds of the parking structure would be enclosed and
will screen the view of the parked vehicles and parking structure lighting from
the residents located above the hillside. The parking structure roof will also
provide an additional sound buffer to the residents above
Finding:
D. The site is physically suitable in terms of design, location, shape, size,
operating characteristics, and the provision of public and emergency vehicle
(e.g., fire and medical) access and public services and utilities.
Facts in Support of Finding:
D -1. The project results in a total peak parking demand of 149 spaces, which can
now be entirely provided on site within the 150 -space parking structure without
any adjustments in parking requirements. The applicant's Parking Operational
Plan should ensure that employees and patrons are able to park on site.
D -2. The Parking Operational Plan has been reviewed and approved by the City's
Traffic Engineer. Also the Traffic Engineer and Fire Department have reviewed
the parking lot design and have determined that the parking lot design will
function safely and will not prevent emergency vehicle access to the
establishment. Given the design constraints with providing parking in
compliance with City standards on such a shallow lot, the proposed parking
management plan is a reasonable solution.
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Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or
otherwise constitute a hazard to the public convenience, health, interest, safety,
or general welfare of persons residing or working in the neighborhood of the
proposed use.
Facts in Support of Finding:
E -1. Parking structures have the potential to generate noise, such as car - alarms, car
horns, car audio systems, people talking, vehicle pass -bys, and engine idling,
which have the potential to disturb the adjacent residences. These individual
noise sources last for short durations and their occurrences are infrequent;
however, they can annoy neighbors. A noise analysis was prepared by The
Planning Center as part of the MND to analyze the potential noise impacts
associated with the previously proposed uncovered parking structure to the
adjacent residents using sound modeling. The analysis concludes that the noise
generated from vehicles and service trucks within the first and second level of
the structure will be attenuated given that those levels are enclosed. With
regard the uncovered third level, the analysis indicates that during the daytime,
traffic noise from West Coast Highway and Dover Drive would be audible over
the noise generated from the third level. In the evening, noise generated from
the third level would be less than the City's 45 dBL Leq exterior noise standard
at the residences. In addition, the third level of the parking structure will be
reserved for employee and valet parking only, avoiding potential noise
disturbances that may be associated with patrons loitering in the parking area
after hours. Although noise from the third level of the parking structure is not
anticipated to violate the Community Noise Ordinance standards, the applicant
has since proposed to partially enclose and cover the rear two- thirds of the
parking structure. This roof will have the effect of further attenuating noise
generated from vehicles on the third level of the parking structure.
E -2. The rear two- thirds of the upper parking level will be covered and will shield
illumination of the parking structure from view of the resident's above. To
illuminate the uncovered portion of the parking structure, light fixtures would be
recessed into the southerly and westerly walls with very low light output and
shields to eliminate glare from views above. In addition, the project has been
conditioned to require a nighttime light inspection to confirm there are no light
and glare impacts.
E -3. The project has been conditioned to require a nighttime light inspection to
confirm there are no light and glare impacts.
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City Council Resolution No. 2011 -86
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8. The proposed project encroaches five feet into the rear five - foot - setback adjacent to
the residential lots to the north. In accordance with Section 20.52.090 of the Newport
Beach Municipal Code, the following findings and facts in support of such findings are
set forth:
Finding:
A. There are special or unique circumstances or conditions applicable to the
subject property (e.g., location, shape, size, surroundings, topography, or other
physical features) that do not apply generally to other properties in the vicinity
under an identical zoning classification.
Facts in Support of Finding:
A -1. The subject property is wide (approx. 340 feet) and shallow (approx. 90 feet
avg.). Although many of the lots along the inland side of the Mariner's Mile
corridor consist of shallow lots, this property in particular is especially shallow
given the acquisition of the property frontage in 1979 to accommodate the Bay
Bridge realignment project. The realignment reduced the property depth
approximately 27 feet on the westerly end and 47 feet on the easterly end of the
property.
A -2. The subject property is approximately 25 feet shallower than the adjacent
properties to the west. The 60 lots on the inland side of West Coast Highway
and located between the intersection of Dover Drive and the westerly boundary
the Balboa Bay Club are the shallowest commercial lots within Marine's Mile
corridor area. Of these 60 lots, only four lots have lot depths less than 100 feet
(96.47 at its shallowest end). Over half of these lots consist of lot depths greater
than 140 feet. The average lot depth of these 60 lots is approx. 120 feet.
Finding:
B. Strict compliance with Zoning Code requirements would deprive the subject
property of privileges enjoyed by other properties in the vicinity and under an
identical zoning classification.
Facts in Support of Finding:
B -1. The reduced lot depths do not accommodate an optimal commercial center site
configuration. To design an optimal commercial building, the commercial square
footage has been consolidated on the eastern portion of the site as a two -level
design in order to accommodate the required on -site parking on the western
portion of the site where the lot depth is greater.
B -2. Due to the shallow lot depths, strict compliance with the rear 5 -foot setback
would result in a parking structure design that would be substandard to the
minimum parking aisle and parking stall requirements resulting in a potentially
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City Council Resolution No. 2011 -86
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hazardous and difficult to access parking structure. Alternatively, the
elimination of 49 spaces would be required to accommodate a parking structure
that conforms both to setbacks and parking standards, depriving the property
owner of the privilege of constructing a parking structure that could be
constructed on the other 54 neighboring lots that have deeper lot dimensions.
Finding:
C. Granting of the Variance is necessary for the preservation and enjoyment of
substantial property rights of the applicant.
Facts in Support of Finding:
C -1. The reduced lot depths do not accommodate an optimal commercial center site
configuration and in order to maintain a substantial property right of developing
the site for commercial use, the elimination of the rear yard setback is required
to allow for the development of a parking structure that complies with City
standards for vehicular access and parking. The parking structure has been
located on the western portion of the site where the lots depths are greater and
the commercial building has been located on the eastern half of the site where
is the lot depth is narrowest (approx. 85 feet). Without the granting of the
variance, the development of a commercial retail building with adequate on -site
parking would not be feasible on this wide and shallow site.
Finding:
D. Granting of the Variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and in the
same zoning district.
Facts in Support of Finding:
D -1. Granting of the variance would not constitute a special privilege inconsistent
with the limitations upon other properties in the Mariner's Mile corridor as it
allows the applicant the ability to develop an optimal commercial center with
adequate parking on site as could be developed on adjacent lots with greater
lots depths.
Finding:
E. Granting of the Variance will not be detrimental to the harmonious and orderly
growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, safety, or general welfare of persons
residing or working in the neighborhood.
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Facts in Support of Finding:
E -1. Four residential lots abut the project's rear property line; however, these
residential properties are located up the hillside approximately 40 -50 feet above
the project's pad elevation. In addition, the closest residential dwelling is located
approximately 60 feet from the rear property line. These vertical and horizontal
separations between the proposed commercial building and the homes provide
adequate buffer equivalent to or superior to a five -foot rear setback.
E -2. The five -foot encroachment will not result in a condition where the commercial
development will endanger or create a hazard to those persons residing in the
dwellings above. In addition, the hillside is heavily landscaped and the applicant
has agreed to work with adjacent residential property owners to further
landscape the slope to provide increased landscaped screening of the rear of
the project.
E -3. The development includes cutting into the toe of the slope; however, the
preliminary geotechnical report indicates that the design and construction of the
retaining wall is feasible, subject to the recommendations within the report and in
compliance with Building and Grading Codes, and will not undermine the stability
of the hillside.
Finding:
F. Granting of the Variance will not be in conflict with the intent and purpose of this
Section, this Zoning Code, the General Plan, or any applicable specific plan).
Facts in Support of Finding:
F -1. Typically commercially zoned properties are not required to maintain rear
setbacks, except when located adjacent to residentially zoned properties. The
intent is to provide separation for light, air, and open space adjacent to these
residential properties. In this case, four residential lots abut the project's rear
property line; however, the houses are located on the hillside approximately 40-
50 feet above the project's pad elevation. The closest residential dwelling is
located approximately 60 feet from the rear property line. These vertical and
horizontal separations between the proposed commercial building and the
homes provide adequate buffer equivalent to or superior to a five -foot rear
setback. Therefore, the five -foot encroachment will not deprive the adjacent
residential properties form the adequate enjoyment of light, air, and open space.
9. The property consists of six legal lots, which the applicant is proposing to consolidate
into one unified site. The merger of five or more lots requires the approval of a parcel
map. In accordance with Section 19.12.060 of the Newport Beach Municipal Code, the
following findings and facts in support of such findings are set forth:
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Finding:
A. 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 project is consistent with the CG General Plan designation of the site.
A -2. The Public Works Department has reviewed the proposed tentative map and
believes it is consistent with the Newport Beach Subdivision Code (Title 19) and
applicable requirements of the Subdivision Map Act.
A -3. The proposed project accommodates the potential future widening of Coast
Highway and all utility lines will be undergrounded.
A -4. Conditions of approval have been included to ensure compliance with Title 19.
Finding:
8. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
B -1. The existing site is entirely developed and does not support any environmental
resources.
B -2. Portions of the development require cuts into the slope on the northern portion of
the site. The geologic investigation revealed that the portions of this slope which
are not improved by the proposed development may be surficially unstable;
however, mitigation measures have been incorporated, as recommended by the
site - specific geotechnical investigation that will reduce impacts to a less than
significant level.
B -3. The subject site is located at the intersection of West Coast Highway and Dover
Drive and serves as the gateway into the Mariner's Mile commercial corridor of
the City. Given its location, this site is ideal for the development of a commercial
building.
B -4. The subject parcel map allows for the consolidation of six shallow lots into one
unified site large enough to accommodate a viable commercial development.
Finding:
C. That the design of the subdivision or the proposed improvements will not cause
substantial environmental damage nor substantially and avoidably injure fish or
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City Council Resolution No. 2011 -86
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wildlife or their habitat. However, notwithstanding the foregoing, the decision -
making body may nevertheless approve such a subdivision if an environmental
impact report was prepared for the project and a finding was made pursuant to
Section 21081 of the California Environmental Quality Act that specific
economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
Facts in Support of Finding:
C -1. A Mitigated Negative Declaration has been prepared and concludes that no
significant environmental impacts will result with proposed development of the
site in accordance with the proposed subdivision map.
Finding:
D. 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 is for the consolidations of six existing commercial lot
into one commercial development site. All construction for the project will
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 will be complied with.
D -2. All mitigation measures will be implemented as outlined in the Mitigated Negative
Declaration to ensure the protection of the public health.
D -3. No evidence is known to exist that would indicate that the planned subdivision
pattern will generate any serious public health problems.
Finding:
E. 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
Council to determine that the public at large has acquired easements for access
through or use of property within a subdivision.
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City Council Resolution No. 2011 -86
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Facts in Support of Finding:
E -1. 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 as there are no public easements that are located on the property.
E -2. An easement through the site will be retained by the City to sewer and utilities
purposes.
E -3. No other public easements for access through or use of the property have been
retained for use by the public at large.
Finding:
F. 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. The property is not subject to the Williamson Act since the subject property is
not considered an agricultural preserve and is less than 100 acres.
Finding:
G. 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:
G -1. The property is not a "land project' as defined in Section 11000.5 of the
California Business and Professions Code.
G -2. The project is not located within a specific plan area.
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Finding:
H. 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.
Facts in Support of Finding:
G -1. The proposed Parcel Map and improvements 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:
1. 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 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. The project does not involve the
elimination of residential units and therefore will not affect the City's ability to
meet it share of housing needs.
1 -2. Public services are available to serve the proposed development of the site and
the Mitigated Negative Declaration prepared for the project indicates that the
project's potential environmental impacts are expected to be less than
significant.
Finding:
J. 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.
Facts in Support of Finding:
J -1. Waste discharge into the existing sewer system will be consistent with the
existing commercial use of the property and does not violate Regional Water
Quality Control Board (RWQCB) requirements.
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J -2. Sewer connections have been conditioned to be installed per City Standards,
the applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and
the latest revision of the Uniform Plumbing Code.
Finding:
K. 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.
K -2. The subject property does not have access to any beaches, shoreline, coastal
waters, tidelands, coastal parks or trails.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council 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 City
Council's independent judgment and analysis. The City Council adopts 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 City Council of the City of Newport Beach does hereby approve General Plan
Amendment No. GP2010 -009. Table LU2 and Figure LU9 of the Land Use Element of
the General Plan shall be amended as provided in Exhibit "B ".
3. The City Council determines that the Project complies with the Traffic Phasing
Ordinance, based on the weight of the evidence in the administrative record, including
Traffic Study No. TS2011 -001.
4. The City Council of the City of Newport Beach does hereby approve Site Development
Review No. SR2010 -001, Conditional Use Permit No. 2010 -024, Variance No. 2010-
004, and Parcel Map No. 2010 -008, subject to the conditions set forth in Exhibit C.
5. This resolution shall take effect immediately upon adoption.
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City Council Resolution No. 2011 -86
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6. 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.
7. This resolution was approved, passed and adopted at a regular meeting of the City
Council of the City of Newport Beach, held on the 9th day of August, 2011.
ATTEST:
6-�
CITY CLERK
4e-4�
City Council Resolution No. 2011 -86
Paoe 27 of 48
EXHIBIT "A"
MARINER'S POINTE PROJECT
MITIGATION MONITORING PROGRAM (SCH# 2011041038)
CITY OF NEWPORT BEACH
Phase of I Responsible I Completion
Biological Resources
1. The construction contractor shall comply with
During construction
City of Newport
the Migratory Bird Treaty Act of 1918. The
grading permit
Beach Community
construction contractor shall do one of the
Development
following:
Department
Avoid grading activities during the nesting
season, February 14 to September 1; or
If grading activities are to be undertaken
during the nesting season, a site survey for
nesting birds shall be conducted by a
qualified biologist prior to no more than
three days prior to commencement of
grading activities. If nesting birds are found
in trees to be removed, removal shall be
postponed until the fledglings have vacated
the nest or the biologist has determined
that the nest has failed. Furthermore, the
biologist shall establish an appropriate
buffer zone where construction activity may
not occur until the fledglings have vacated
the nest or the biologist has determined
that the nest has failed. If nesting birds are
detected in trees being preserved, the
biologist shall establish an appropriate
buffer zone where construction activity may
not occur until the fledglings have vacated
the nest or the biologist has determined
that the nest has failed.
Cultural Resources
2. The project applicant shall have a qualified
Prior to issuance of
City of Newport
archaeologist conduct a Phase II archaeological
grading permit
Beach Community
investigation and a Phase III investigated if
Development
warranted by the Phase II study. The Phase II
Department
investigation, including trenching and analysis
of any resources found, shall be completed
before issuance of a grading permit by the City
of Newport Beach. A Phase II archaeological
testing program consists of a control subsurface
investigation designed to extract a small sample
of the subsurface deposits, but a sample large
enough to draw a conclusion on the significance
of the site (assuming the site is present). If
intact features of an archaeological site, such as
hearths, living surfaces, or middens, are
discovered in the course of the Phase II
investigation, then the project applicant shall
have the archaeologist:
• Conduct a feasibility investigation to
preserve in place, any significant
archaeological resource that is discovered.
Feasibility can be based on but not limited
to whether the significant archaeological
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City Council Resolution No. 2011 -86
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46
Phase of
Responsible
Completion
Mitigation Measure
Implementation
Monitoring Party
Date/Initials
resource is beneath open space that can
incorporate preservation in place. If
preservation in place is feasible, such
preservation shall be documented with the
City's Planning Division, and no further
mitigation is necessary;
If preservation in place is not feasible, the
applicant's archaeologist shall conduct a
Phase III investigation prior to the issuance
of a grading permit. A Phase III consists of
extracting a larger sample of the site
materials to document the function, age,
and components of the site, allowing for
interpretation and comparative analysis
with respect to the larger area (e.g.,
occupation within the Newport Bay area).
The City's Planning Division shall approve
the report and related actions prior to
grading permit issuance.
3. The Project Applicant shall have a qualified
During construction
City of Newport
professional archaeologist onsite to monitor for
Beach Community
any potential impacts to archaeological or
Development
historic resources throughout the duration of
Department
any ground disturbing activities. The
professional archaeologist shall have the
authority to halt any activities adversely
impacting potentially significant cultural
resources until the resources can be formally
evaluated. The archaeologist must have
knowledge of both prehistoric and historical
archaeology. Additionally, the archaeological
monitoring program shall include the presence
of a local Native American representative
(Gabrielino and /or Juaneno). Resources must
be recovered, analyzed in accordance with
CEQA guidelines, and curated. Suspension of
ground disturbance in the vicinity of the
discoveries shall not be lifted until the
archaeologist has evaluated discoveries to
assess whether they are classified as historical
resources or unique archaeological sites,
pursuant to CEQA.
4. The Project Applicant shall retain a qualified
During construction
City of Newport
professional paleontologist to monitor for any
Beach Community
potential impacts to paleontological resources
Development
throughout the duration of ground disturbing
Department
activities. In the event paleontological resources
are uncovered, the professional paleontologist
shall have the authority to halt any activities
adversely impacting potentially significant fossil
resources until the resources can be formally
evaluated. If potentially significant fossils are
uncovered they must be recovered, analyzed in
accordance with CEQA guidelines, and curated
at facilities at the Natural History Museum of
Los Angeles County, or other scientific
institution accredited for curation and collection
of fossil specimens. Suspension of ground
disturbances in the vicinity of the discoveries
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Geology and Soils
5. Prior to issuance of grading permits, a detailed
Phase of
I Responsible
Completion
Mitigation Measure
Implementation
I Monitoring Party
Datellnitials
shall not be lifted until the paleontologist has
Development
evaluated the significance of the resources
Department
pursuant to CEQA.
During construction
City of Newport
Geology and Soils
5. Prior to issuance of grading permits, a detailed
Prior to issuance of
City of Newport
engineering -level geotechnical investigation
grading permit
Beach Community
report shall be prepared and submitted with
Development
engineered grading plans to further evaluate
Department
expansive soils, soil corrosivity, slope stability,
During construction
City of Newport
landslide potential, settlement, foundations,
Beach Community
grading constraints, and other soil engineering
Development
design conditions and to provide site- specific
Department
recommendations to address these conditions,
if determined necessary. The engineering -level
During construction
City of Newport
report shall include and address each of the
Beach Community
recommendations included in the geotechnical
Development
reports prepared by MACTEC (2010a and
Department
2010b) and included as Appendix E. The
geotechnical reports shall be prepared and
signed /stamped by a Registered Civil Engineer
During construction
City of Newport
specializing in geotechnical engineering and a
Beach Community
Certified Engineering Geologist. Geotechnical
Development
I
rough grading plan review reports shall be
Department
prepared in accordance with the City of Newport
Beach Grading Ordinance.
Noise
6. The contractor shall properly maintain and tune
During construction
City of Newport
all construction equipment in accordance with
grading permit
Beach Community
the manufacturer's recommendations to
Development
minimize noise emissions.
Department
7. Prior to use of any construction equipment, the
During construction
City of Newport
contractor shall ensure that all equipment is
Beach Community
fitted with properly operating mufflers, air intake
Development
silencers, and engine shrouds no less effective
Department
than as originally equipped by the manufacturer.
8. The construction contractor shall locate
During construction
City of Newport
stationary noise sources (e.g., generators,
Beach Community
compressors, staging areas) and material
Development
delivery (loading /unloading) areas as far from
Department
residences as possible (e.g., eastern portion of
the project site).
9. The construction contractor shall post a sign,
During construction
City of Newport
clearly visible onsite, with a contact name and
Beach Community
telephone number of construction contractor to
Development
I
respond in the event of a noise complaint.
Department
Transportation and Traffic
10.Prior to issuance of a grading permit, the project
Prior to issuance of
City of Newport
will be required to develop a Construction Traffic
grading permit
Beach Public
Management Plan that includes the following
Works Department
elements:
Restrict construction worker and equipment
delivery trips to occur outside of the
weekday AM and PM peak hours.
• Identify and establish truck haul routes and
restrict haul operations to occur outside of
the weekday AM and PM peak hours.
Yr
City Council Resolution No. 2011 -86
Page 30 of 48
Mitigation Measure
Phase of
Implementation
Responsible
Monitoring Party
Completion
Date /Initials
Provide Traffic Control Plans for detours
and temporary road closures (f necessary)
that meet the minimum Caltrans, City, and
County criteria.
113he applicant shall contact OCTA and
Prior to issuance of
City of Newport
coordinate operation of the Coast -Dover bus
grading permit
Beach Community
stop along the project's West Coast Highway
Development and
frontage during project construction. Mitigation
Public Works
as required to suspend operation, or modify or
Department
temporarily relocate the bus stop during project
construction activities shall be negotiated with
OCTA. The applicant shall provide the
plans /mitigation to the City as negotiated with
OCTA for review and approval by the City of
Newport Beach's Planning Division and Public
Works Department prior to issuance of grading
permits. The applicant shall provide OCTA with
a minimum 14 -day advance notice prior to the
start of construction activities by contacting
either the Detour Coordinator or Field
Operations.
42
City Council Resolution No. 2011 -86
Paqe 31 of 48
=9
City Council Resolution No. 2011 -86
Pape 32 of 48
50
Statistical
Area
Land Use
Designation
Development
Limit (so
Develop mant Limn Other
Additional Information
Anomaly
Number
1
L4
MU -H2
460,095
471 Hotel Rooms (not included in
total square footage)
2
L4
MU -1-12
1,052,880
2.1
L4
MU -H2
18,810
11,544 sf restricted to general office use onty
(included in total square footage)
3
L4
CO -G
734,641
4
L4
MU -H2
250,176
5
L4
MU -H2 I
32,500
6
L4
MU -H2
46,044
7
L4
MU -H2
I 81,372
8
L4
MU -H2
I 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 -1-12
457,880
13
L4
CO -G
288,264
14
L4
CO- GIMU -H2
860,884
15
L4
MU -1-12
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
L4
CG
228,530
21
J6
CO-G
687,000
Office: 660,000 sf; Retail: 27,000 sf
CV
300 Hotel Rooms
22
J6
COG
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
L2
PI
34,000
50
City Council Resolution No. 2011 -86
Page 33 of 48
0o
Statistical
Area
e o
Land Use
Designation
a
Development
Limit s
Develo ment Limit Other
Additional Information
Anomaly
Number
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
Lt
CO-R
131,201
2,050 Theater Seats (not
included in total square footage)
38
Lt
CO-M
443,627
39
L1
MU -1-13
408,084
4D
L1
MU -H3
1,426,634
425 Hotel Rooms (included in
total Square Footage)
41
L1
CO -R
327,671
42
L1
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
1-1
CO -G
162,364
46
L1
MU -H3 1PR
3,725
24 Tennis Courts
Residential permitted in accordance
with MU -H3.
47
L1
CG
105,000
48
Lt
MU -H3
337,261
49
L1
PI
45,208
50
Lt
CG
25,000
51
K1
PR
20,000
52
K1
CV
479 Hotel Rooms
53
K1
PR
567,500
See Settlement Agreement
54
Jt
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
PR
20,000
59
H4
MU -W1
247,402
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
City Council Resolution No. 2011 -86
Page 34 of 48
0o qmq A,
e o o a
o
Anomaly Statistical
Land Use
Development
Number Area
Designation
Limits
Development Limit Other
Additional In formation
63
G1
CN
66,000
64
M3
CN
74,000
65
M5
CN
80,000
66
J2
CN
138,500
67
D2
PI
I 20,000
68
L3
PI
I 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
I L1
CO-G
8,000
73
A3
CO -M
350,000
74
L1
PR
35,000
City Hall, and the administrative
75
L1
PF
offices of the City of Newport Beach,
and related parking, pursuant to
Section 425 of the City Charter.
1.0 FAR permitted, provided all four
76
H1
CO -G
0.5 FAR
legal lots are consolidated into one
parcel to provide unified site design
77
H4
Cv
240,000
157 Hotel Rooms (included in
total square footage)
78
B5
CM
139,840
Development limit of 19,905 sq. ft.
permitted, provided all six legal
79
H4
CG
03.10.5 FAR
lots are consolidated into one
parcel to provide unified site
design
52
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-
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S N s 3 39
City Council Resolution No. 2011 -86
Page 36 of 48
EXHIBIT "C"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans, roof plans, conceptual building elevations, and conceptual landscape plans stamped
and dated with the date of this approval. (Except as modified by applicable conditions of
approval.)
2. Site Development Review No. SR2010 -001, Conditional Use Permit No. UP2010 -024,
and Variance No. 2010 -004 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an
extension is otherwise granted.
3. The outdoor patio and block wall proposed to encroach into the Dover Drive public right -of-
way shall be eliminated, unless this conditional use permit is amended or a new conditional
use permit is approved in conjunction with an eating and drinking establishment that
specifically approves the construction of the outdoor patio and an encroachment or lease
agreement is approved by the Public Work's Department.
4. Prior to the issuance of building permits, the final building elevations and roof plan of the
final architectural plans for the commercial building and parking structure shall be reviewed
and approved by the Planning Commission to ensure that the high level of architectural
detail and treatments illustrated on the approved conceptual plans is implemented and
incorporated into the final construction drawings for building permit issuance. The specific
colors and materials (including roof colors and materials), window and door specifications,
lighting specifications, and any other information deemed relevant by the Community
Development Director shall be submitted to the Planning Commission for review and
approval. Any substantial changes to the approved final architectural plans shall require
approval by the Planning Commission.
5. Flat roof portions of the building shall be constructed to meet "cool roofs" standards for
energy efficiency; however, the color and material shall not result in glare as viewed from
the residents above. No mechanical equipment shall be permitted on the roof, except
within the designated mechanical well and shall not be visible from West Coast Highway
or the adjacent residential properties.
6. Uses shall be permitted, or conditionally permitted, within the project consistent with the
provisions of the Zoning Code, so long as they do not increase the approved traffic
generation for the project (TS201 1 -001).
54
City Council Resolution No. 2011 -86
Paqe 37 of 48
7. Required parking for this project has been determined based on documentation and a
number of assumptions, including: 1) the shared parking analysis prepared by LSA
Associates, Inc., dated July 22, 2011; 2) a limitation that the maximum Net Public Area
(NPA) of eating and drinking uses be limited to 5,210 square feet; and 3) the proposed floor
area for eating and drinking uses will be occupied by fine dining establishments with very low
turnover with a parking demand of 1 space per 50 square feet of NPA. Any changes to the
assumed tenant mix or changes in the type of food use that would increase parking
demands may require the preparation of a new shared parking analysis to ensure that
adequate parking can be provided on site, and shall be subject to the review and approval of
the Community Development Department.
8. A total of 150 parking spaces shall be provided on site as illustrated on the approved plans
and parking management plan for the project.
9. The upper level of the parking structure shall only be used for employee or valet parking,
unless an amendment to this Conditional Use Permit and new parking management plan is
prepared and approved.
10. Any minor changes to the parking management plan shall be reviewed and approved by the
Community Development Director and City Traffic Engineer prior to implementation.
Significant changes may require an amendment to this Conditional Use Permit.
11. Should the applicant propose to alter the location and/or number of vehicular access points,
or propose to take vehicular access across the adjacent property located at 320 West Coast
Highway, such proposal shall be subject to review and approval by the Community
Development Director and the City Traffic Engineer.
12. Should this business be sold or otherwise come under different ownership, any future
owners or assignees shall be notified in writing of the conditions of this approval by the
current owner or leasing company.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14. The applicant shall comply with all federal, state, and local laws. Material violation of any
of those laws in connection with the use may be cause for modification or revocation of
Site Development Review No. SR2010 -001, Conditional Use Permit No. UP2010 -024,
and Variance No. 2010 -004.
15. 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.
16. This Conditional Use Permit, Site Development Review, and Variance may be modified or
revoked by the City Council or Planning Commission should they determine that the
proposed development, uses, and/ or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious to property or
55
City Council Resolution No. 2011 -86
Page 38 of 48
improvements in the vicinity or if the property is operated or maintained so as to constitute
a public nuisance.
17. Hours of operations for the uses within the project shall be limited to between 6:00 a.m. and
11:00 p.m. daily, unless otherwise permitted to maintain different hours of operation
pursuant to a subsequent Conditional Use Permit.
18. All employees are required to park on site, unless otherwise approved by the Community
Development Director, and may require an amendment to this Site Development Review
and Conditional Use Permit.
19. Any change in operational characteristics, hours of operation, expansion in area, or other
modification to the approved plans, shall require an amendment to Site Development
Review No. SR2010 -001, Conditional Use Permit No. UP2010 -024, and /or Variance No.
2010 -004 or the processing of new permits.
20. Prior to the issuance of building permits, the final landscape and irrigation plan, prepared by
a licensed landscape architect, shall be reviewed and approved by the Planning
Commission to ensure that the landscaping improvements illustrated on the approved
conceptual plan are implemented and incorporated into the final construction drawings for
building permit issuance. These plans shall include specifications and details for all
hardscape, water features, plant materials, planting sizes (including heights, box size, trunk
diameters, etc), and growth characteristics. Any substantial changes to the approved final
landscape plan shall require approval by the Planning Commission.
21. All landscape materials and landscaped areas shall be installed and maintained in
accordance with the final landscape plan approved by the Planning Commission per
Condition No. 20, including the proposed water feature. 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. These plans shall incorporate drought
tolerant plantings and water efficient irrigation practices, and the plans shall be reviewed
by the Municipal Operations Department. 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 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.
22. Prior to the final of building permits, the applicant shall schedule an inspection by the
Code Enforcement Division to confirm that all landscaping was installed in accordance
with the approved plan.
23. Reclaimed water shall be used whenever available, assuming it is economically feasible.
So
City Council Resolution No. 2011 -86
Page 39 of 48
24. Water leaving the project site due to over - irrigation of landscape shall be minimized. If an
incident such as this is reported, a representative from the Code Enforcement Division
shall visit the location, investigate, inform and notice the responsible party, and, as
appropriate, cite the responsible party and /or shut off the irrigation water.
25. Watering shall be done during the early morning or evening hours (between 4:00 p.m. and
9:00 a.m.) to minimize evaporation the following morning.
26. All leaks shall be investigated by a representative from the Code Enforcement Division
and the property owner or operator shall complete all required repairs.
27. Water shall not be used to clean paved surfaces such as sidewalks, driveways, parking
areas, etc. except to alleviate immediate safety or sanitation hazards.
28. Landscaping and plant selections shall be consistent with the applicable landscaping
recommendations set forth by the Mariner's Mile Strategic Vision and Design Framework.
29. New utility connections shall be placed underground unless the Public Works Department
determines that undergrounding the connection is physically infeasible. Appurtenant and
associated utility equipment such as transformers, utility vaults, terminal boxes, meter
cabinets shall be placed underground unless the Public Works Department determines
that undergrounding the appurtenant and associated equipment is physically infeasible. If
appurtenant and associated utility equipment cannot be placed underground, the
equipment shall be located in the least visible location practical and screened from public
view on -site and off -site by fencing or landscaping to the satisfaction of the Community
Development Director.
30. The three existing power poles and overhead power lines shall be removed and the power
lines shall be underground.
31. All ground- mounted equipment including, but not limited to backflow preventers, vents, air
handlers, generators, boilers, trash bins, transformers shall be screened from view behind
and fully below the top of a screen wall or a solid hedge. Screen walls shall be of same or
similar material as adjacent building walls and covered with vines when possible. Chain
link fencing with slats is not permitted.
32. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the mechanical screening equipment enclosure illustrated
on the approved plans, and shall be sound attenuated in accordance with Chapter 10.26
of the Newport Beach Municipal Code, Community Noise Control.
33. 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:
=r
City Council Resolution No. 2011 -86
Pace 40 of 48
34. No outside paging system shall be utilized in conjunction with this development.
35. 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.
36. The operator of the development shall be responsible for the control of noise generated by
the subject facility including, but not limited to, noise generated by tenants, patrons, food
service operations, and mechanical equipment. 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.
37. 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.
38. All trash shall be stored within the proposed trash enclosure located within the lower level
of the parking structure or other approved enclosure. The trash dumpsters shall have a
top, which shall remain closed at all times, except when being loaded or while being
collected by the refuse collection agency.
39. Food uses shall be required to provide temporary refrigerated trash storage to control
odors associated with food wastes, unless otherwise approved by the Community
Development Director.
40. Trash receptacles for patrons shall be conveniently located both inside and outside of the
establishment, however, not located on or within any public property or right -of -way.
41. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
42. 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
52
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
6OdBA
45dBA
5OdBA
Mixed Use Property
45dBA
60dBA
45dBA
5OdBA
Commercial Property
IN !A
65dBA
N/A
6OdBA
34. No outside paging system shall be utilized in conjunction with this development.
35. 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.
36. The operator of the development shall be responsible for the control of noise generated by
the subject facility including, but not limited to, noise generated by tenants, patrons, food
service operations, and mechanical equipment. 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.
37. 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.
38. All trash shall be stored within the proposed trash enclosure located within the lower level
of the parking structure or other approved enclosure. The trash dumpsters shall have a
top, which shall remain closed at all times, except when being loaded or while being
collected by the refuse collection agency.
39. Food uses shall be required to provide temporary refrigerated trash storage to control
odors associated with food wastes, unless otherwise approved by the Community
Development Director.
40. Trash receptacles for patrons shall be conveniently located both inside and outside of the
establishment, however, not located on or within any public property or right -of -way.
41. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
42. 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
52
City Council Resolution No. 2011 -86
Page 41 of 48
provisions of Title 14, including all future amendments (including Water Quality related
requirements).
43. To minimize conflict within the parking structure, refuse collection and deliveries for the
facility utilizing large vehicles shall be allowed between the hours of 6:00 a.m. and 10:00
a.m., daily, unless otherwise approved by the Community Development Director, and may
require an amendment to this Site Development Review and Conditional Use Permit,
44. Storage outside of the building or the parking structure shall be prohibited.
45. All proposed signs shall be in conformance with the provision of Chapter 20.42 of the
Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if
located adjacent to the vehicular ingress and egress.
46. The final location of the signs shall be reviewed by the City Traffic Engineer and shall
conform to City Standard 110 -L to ensure that adequate sight distance is provided.
47. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on-
site lighting shall be shielded and confined within site boundaries. No direct rays or glare
are permitted to shine onto public streets or adjacent sites or create a public nuisance.
"Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off
fixtures.
48. The site shall not be excessively illuminated based on the outdoor lighting standards
contained within Section 20.30.070 of the Zoning Code, or, if in the opinion of the
Community Development Director, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Community
Development Director may order the dimming of light sources or other remediation upon
finding that the site is excessively illuminated.
49. Prior to the issuance of a building permits, the applicant shall prepare photometric study in
conjunction with a final lighting plan for approval by the Planning Division. The survey
shall show that lighting values are "1" or less at all property lines.
50. Any proposed illumination of the cupola and tower features shall consist of soft accent
lighting so as not to become a visual disturbance to the views of the adjacent residences
51. Prior to issuance of the certificate of occupancy or final of building permits, the applicant
shall schedule an evening inspection by the Code Enforcement Division to confirm control
of all lighting sources.
52. A covered wash -out area for refuse containers and kitchen equipment, with minimum
useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be
provided for all food uses, and the area shall drain directly into the sewer system, unless
otherwise approved by the Building Official and Public Works Director in conjunction with
the approval of an alternate drainage plan.
59
City Council Resolution No. 2011 -86
Paoe 42 of 48
53. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform
Mechanical Code. The issues with regard to the control of smoke and odor shall be
directed to the South Coast Air Quality Management District.
54. The exhaust systems for any food uses shall be installed with pollution control units to filter
and control odors.
55. 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.
56. A six - foot -high screen and security fence shall be placed around the construction site
during construction.
57. Construction equipment and materials shall be properly stored on the site when not in
use.
58. 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 Mariner's Pointe Project including, but not limited to,
the approval of General Plan Amendment No. GP2010 -009, Code Amendment No.
CA2010 -009, Site Development Review No. SR2010 -001, Conditional Use Permit No.
2010 -024, Variance No. 2010 -004, and Parcel Map No. 2010 -008; 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 Program 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.
Fire Department Conditions
59. Elevators shall be gurney- accommodating in accordance with Article 30 of the California
Building Code (2007 edition).
60. Fire flow shall be provided to the property in accordance with Newport Beach Fire
Department Guideline B.01.
61. Fire sprinklers shall be installed throughout the commercial building and parking structure.
City Council Resolution No. 2011 -86
Paqe 43 of 48
62. Fire apparatus access is required onto the property. The first level of the parking structure
shall accommodate an inside turning radius of 20 feet and an outside turning radius of 40
feet. A clear ceiling height of 13 feet 6 inches shall be required.
63. A manual fire alarms system is required that activates the occupant notification system in
Group "M" occupancies when the combined occupant load of all floors if 500 or more
persons or the Group "M" occupant load is more than 100 persons or below the lowest
level of exit discharge.
64. The proposed fire curtain between the parking structure and the exit corridor shall require
activation by a smoke detector, unless deemed unnecessary by the Fire Marshall. A
smoke detector in this location may be subject to nuisance alarms from car exhaust,
which can result in false alarm fees from the City.
Building Division Conditions
65. 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.
66. Prior to the issuance of grading permits, 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.
67. Prior to issuance of grading permits, the applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project, subject to the approval of
the Building Division. The WQMP shall provide appropriate Best Management Practices
(BMPs) to ensure that no violations of water quality standards or waste discharge
requirements occur.
68. A list of "good house - keeping" 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.
69. The applicant shall comply with SCAQMD Rule 403 requirements as follows:
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Land Clearing /Earth - Moving
a. Exposed pits (i.e., gravel, soil, dirt) with five percent or greater silt content shall
be watered twice daily, enclosed, covered, or treated with non -toxic soil
stabilizers according to manufacturers' specifications.
b. All other active sites shall be watered twice daily.
C. All grading activities shall cease during second stage smog alerts and periods of
high winds (i.e., greater than 25 mph) if soil is being transported to off -site
locations and cannot be controlled by watering.
d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered
or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical
distance between the top of the load and the top of the trailer).
e. Portions of the construction site to remain inactive longer than a period of three
months shall be seeded and watered until grass cover is grown or otherwise
stabilized in a manner acceptable to the City.
f. All vehicles on the construction site shall travel at speeds less than 15 mph.
g. All diesel - powered vehicles and equipment shall be properly operated and
maintained.
h. All diesel - powered vehicles and gasoline - powered equipment shall be turned off
when not in use for more than five minutes.
j. The construction contractor shall utilize electric or natural gas - powered
equipment instead of gasoline or diesel - powered engines, where feasible.
Paved Roads
k. All construction roads internal to the construction site that have a traffic volume
of more than 50 daily trips by construction equipment, or 150 total daily trips for
all vehicles, shall be surfaced with base material or decomposed granite, or shall
be paved.
I. Streets shall be swept hourly if visible soil material has been carried onto
adjacent public paved roads.
m. Construction equipment shall be visually inspected prior to leaving the site and
loose dirt shall be washed off with wheel washers as necessary.
Unpaved Staginq Areas or Roads
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n. Water or non -toxic soil stabilizers shall be applied, according to manufacturers'
specifications, as needed to reduce off -site transport of fugitive dust from all
unpaved staging areas and unpaved road surfaces.
Public Works Conditions
71. The parking layout and circulation shall comply with City Standard STD - 805 -L -A and
STD- 805 -L -B. The vehicular ramps within the parking garage should be a minimum of
24 feet wide. Ramp slopes shall not exceed 15- percent maximum. The maximum
percent change is 11- percent at a minimum of five -foot intervals. The five -foot interval
shall continue across the entire ramp. Parallel parking spaces shall be 8 feet wide by
22 feet long.
72. Prior to the issuance of a Building Permit, the final parking layout and circulation shall
be subject to the review and approval by the City Traffic Engineer.
73. Prior to the issuance of a building or grading permit, a final valet operations plan is
required to be reviewed and approved by the City Traffic Engineer. Any future changes
to the approved valet plan shall be reviewed and approved by the Community
Development Director and Traffic Engineer. The applicant shall immediately resolve
any valet operational issues that impact the public right -of -way.
74. The ceiling height of the first level of the parking structure shall maintain an
unobstructed vertical clearance of 14 feet clear.
75. Prior to the issue of a building perm it. the applicant shall obtain approval from the
adjacent property owner for the proposed lane drop extension and sidewalk along West
Coast Highway running through the property and shall obtain an easement/dedication
for the City for Street and Sidewalk purposes.
76. The driveway entrances to West Coast Highway shall be designed to accommodate
vehicular sight distance per City Standard STD - 110 -L. All planting shall be limited to
24 inches in height maximum within the limited use area. Walls or other permanent
obstructions shall be limited to 30 inches in height maximum within the limited use
area.
77. The westerly outbound only driveway shall be narrowed to 20 feet maximum and
appropriate signage shall be installed to discourage vehicles from entering the
driveway, unless otherwise approved by the City Traffic Engineer.
78. The proposed striping changes on West Coast Highway shall be reviewed and
approved by Caltrans prior to implementation.
79. The water feature and other non - standard improvements within the West Coast
Highway right -of -way requires approval from the State Department of Transportation
( Caltrans).
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80. Water feature along Dover Drive shall require the review and approval of a Building
Permit and requires an encroachment permit and agreement from the City of Newport
Beach Public Work's Department.
81. All landscaping within the public right -of -way shall be reviewed and approved by the
Public Works Department and Municipal Operations Department. An encroachment
agreement is required for all planting within the public right -of -way.
82. No permanent structure shall be permitted within the required 10- foot -wide sewer
easement area, unless otherwise approved by the Public Work's Department. The
applicant is required to replace the 8 -inch sewer main from the manhole located on the
property line between 303 and 311 Kings Road and the manhole located on West
Coast Highway. Knock -out panels or other improvements approved by the Public
Works Department shall be installed along the entire length of the required 10 -wide
sewer easement, The final design of the parking structure shall take into account the
sewer main and shall be subject to further review and approval by the Public Works
Department.
83. Applicant shall bear all cost (design and construction) of the necessary water system
and sewer improvements needed to support the proposed project, including minimum
fire flow requirements. The water system improvements may include installation of a
regulator and water main extension. The final design shall be reviewed and approved
by the Public Works Department.
84. Prior to issuance of demolition and grading permits, the applicant shall submit a
construction management and delivery plan to be reviewed and approved by the Public
Works Department. The plan shall include discussion of project phasing, parking
arrangements for both sites during construction, and anticipated haul routes. Upon
approval of the plan, the applicant shall be responsible for implementing and complying
with the stipulations set forth in the approved plan.
85. Traffic control and truck route plans shall be reviewed and approved by the Public
Works Department before their implementation. Large construction vehicles shall not
be permitted to travel narrow streets as determined by the Public Works Department.
Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagman.
Parcel Map Conditions
86. 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 Community Development
Director in accordance with the provisions of Section 19.16 of the Newport Beach
Municipal Code.
87. A parcel Map shall be recorded. The Map shall be prepared on the California
coordinate system (NAD88). Prior to recordation of the Map, the surveyor /engineer
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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.
88. 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 Section s 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.
89. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
90. The sidewalk, curb and gutter shall be reconstructed along the entire project frontage
of West Coast Highway and Dover Drive. The sidewalk shall be a minimum width of 10
feet on West Coast Highway and 12 feet on Dover Drive. Limits of reconstruction are at
the discretion of the Public Works inspector.
91. All unused driveway approaches along Dover Drive and West Coast Highway shall be
replaced with a new driveway plug per City Standards.
92. All new driveway approaches shall be constructed per City Standard STD - 166 -L.
93. All existing overhead utilities shall be undergrounded.
94. An encroachment permit is required for all work activities within the public right -of -way.
95. All improvements shall comply with the City's sight distance requirement. See City
Standard 110 -L.
96. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right -of -way could
be required at the discretion of the Public Works Inspector.
97. All on -site drainage shall comply with the latest City Water Quality requirements.
98. All proposed non - standard improvements within the public right of way, are subject to
further review and approval by the Public Works Department and requires an
encroachment permit and encroachment agreement.
99. A 10- foot -wide sewer easement shall be provided through the lower level parking
garage to accommodate the existing sewer main running through the property and
connecting to West Coast Highway.
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100. The applicant shall dedicate to the City a 20' by 27' area located at the southwest
corner of the property to accommodate the new transition on West Coast Highway.
101. Relocation of the safety lighting on West Coast Highway requires approval from
Caltrans.
Mitigation Measures
102. 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.
011
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2011 -86 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of
August, 2011, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Selich, Curry, Mayor Henn
Noes: Gardner, Daigle
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 10th day of August, 2011.
City Clerk
Newport Beach, California
(Seal)