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Home My WebLink About05-a_Newport _Business_PlazaCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 5, 2010 Agenda Item 5 SUBJECT: Newport Business Plaza (PA2008 -164) 4699 Jamboree Road and 5190 Campus Drive • General Plan Amendment No. GP2008 -007 • Planned Community Development Plan Amendment No. PD2009 -001 • Tentative Parcel Map No. NP2010 -006 (County Tentative Parcel Map No. 2010 -101) APPLICANT: WPI- Newport, LLC PLANNER: Janet Johnson Brown, Associate Planner (949) 644 -3236, 'brown (a)newportbeachca.gov PROJECT SUMMARY The applicant proposes to redevelop the project site with a new commercial business plaza. The following approvals are requested in order to implement the project: 1. A General Plan amendment to increase the maximum allowable development limit for Anomaly Location #6 in Statistical Area L4 (Airport Area) of the General Plan Land Use Element by 11,544 gross square feet. 2. An amendment to the Koll Center Newport (PC -15) Planned Community text to allow an increase to the Allowable Building Area for Professional & Business Office Site F by 18,346 net square feet. 3. A tentative parcel map for commercial condominium purposes, and to combine the existing two parcels (Parcel 1 at 4699 Jamboree Road, an d Parcel 2 at 5190 Campus Drive) into a single building site. RECOMMENDATION 1. Conduct a public hearing; and 2. Adopt Resolution No. (Attachment No. PC1) recommending that the City Council: a. Adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program; and b. Approve General Plan Amendment No. 2008 -007; and Newport Business Plaza (PA2008 -164) August 5, 2010 Page 2 c. Approve Planned Community Development Plan Amendment No. 2009 -001; and d. Approve Tentative Parcel Map No. 2010 -006. GENERAL PLAN Newport Business Plaza (PA2008 -164) August 5, 2010 Page 3 LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Mixed -Use Horizontal 2 PC -15, Koll Center Newport Former Far East Bank (vacant) MU -H2 Planned CommunitV and office building NORTH MU -H2 PC -15 Existinq commercial offices SOUTH Institutional UCI Irvine Institutional 6.1 Irivne UCI Arboretum EAST Urban and Industrial IBC Mixed Use (Irvine) High density residential Iry ine develo ment WEST Public Facilities (PF) PC -15 Courthouse, Harbor Justice Center - Newport Beach Newport Business Plaza (PA2008 -164) August 5, 2010 Page 4 INTRODUCTION Project Setting The project site is located within the Koll Center Newport Planned Community, a 180 - acre master planned campus office park, at the southwest corner of Campus Drive and Jamboree Road. The 1.76 -acre site was developed in the late 1970's, and consists of two parcels currently developed with a bank building, a commercial office building, and a shared surface parking lot. The property located at 5190 Campus Drive is the former location of the Far East Bank, and is developed with a 10,200- square -foot building, and 4699 Jamboree Road is developed with an 11,100- square -foot commercial office building. Both buildings are currently occupied by the offices of World Premier Investments (WPI) /United American Properties. The surrounding land uses include commercial retail and office buildings located to the north /northwest of the project site, three high -rise condominium towers (The Plaza) located to the north /northeast of the site, and the University of Irvine Arboretum is located across Jamboree Road to the east/southeast of the project site, all of which are located in the City of Irvine. Immediately adjacent to the project site to the south is the Harbor Justice Center, and to the west of the project site is the Campus Plaza office complex, both of which are located within the City of Newport Beach. Project Description The applicant proposes to demolish the two existing buildings and redevelop the site with a new approximately 46,000- gross- square -foot commercial business plaza. The project site is located in the Statistical Area L4 (Airport Area) of the Land Use Element of the General Plan, and is identified as Anomaly Location #6 on the Land Use Plan. Anomaly Location #6 establishes a precise development limit of 34,500 gross square feet ( "GSF ") for this location. Therefore, an amendment to the Land Use Element to allow for an 11,544 -GSF increase in the development limit is requested to implement the proposed redevelopment of the site. The Koll Center Newport Planned Community text identifies the project site as Professional & Business Office Site F, and limits the allowable building area to 24,300 net square feet ( "NSF "). The applicant requests an amendment to the planned community text to increase the allowable building area by 18,346 NSF to implement the proposed redevelopment of the site with a new approximately 42,600 -NSF commercial business plaza. Newport Business Plaza (PA2008 -164) August 5, 2010 Page 5 The applicant requests approval of a tentative parcel map for commercial condominiums purposes, and in order to combine the two parcels into a single building site to accommodate redevelopment of the site with a new commercial business plaza. The map as proposed will establish specific units for the different uses within the property for individual sale, and identify common areas. The applicant has prepared detailed project plans for the proposed redevelopment of the site (Attachment No. PC2). These plans have been provided for informational purposes only, and are not under consideration as part of the proposed project.' The proposed commercial business plaza would be comprised of four levels and would include a 1 -story bank building of approximately 4,000 square feet, two 3 -story office buildings (identified as Buildings A and B on the attached plans) of approximately 42,000 square feet, and a 2 -level parking structure with 214 stalls. The first level (at or slightly below grade) would consist of the first level of the parking structure. The second level (referred to as the podium level on the plans) would consist of the second level of parking, a plaza area, and the first story of the bank building and the two office buildings. The third and fourth levels would consist of the second and third stories of the two office buildings. DISCUSSION Analysis Amendments to the General Plan and the Koll Center Newport Planned Community text are legislative acts. There are no required findings for approval or denial for such amendments established by either City or State Planning laws. However, when making a recommendation to the City Council, the Planning Commission should consider various declarative goals and policies of the General Plan to ensure internal consistency. General Plan The General Plan Land Use Element designates the project site as Mixed -Use Horizontal 2 ( "MU -H2 "). The MU -H2 designation provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed - use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The proposed new commercial business plaza is consistent with this designation. The General Plan provides for the development of office, industrial, retail and airport - related businesses in the Airport Area (Statistical Area L4), and includes goals and i Pursuant to Council Policy K -1 (General Plan) which provides procedures for amendments to the General Plan, detailed plans are not a required submittal item. The Koll Center Newport Planned Community Development Considerations require that a precise development plan be submitted by the developer to the Planning Director for review prior to the issuance of any building permits. Newport Business Plaza (PA2008 -164) August 5, 2010 Page 6 policies related to development in the City, and specifically in the Airport Area. A complete consistency analysis of each of the applicable General Plan policies is included Appendix C of the Mitigated Negative Declaration ( "MND ") on Pages C1 through C16 of Attachment No. PC3. The applicant is requesting to amend the General Plan to increase the maximum allowable development limit in Anomaly Location #6 from 34,500 GSF to 46,044 GSF. In considering the proposed General Plan amendment to increase the allowable development limit, the Planning Commission should consider the following Land Use Element policies: LU 3.2 Growth and Change Enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses that are complementary in type, form, scale, and character. Changes in use and /or densityAntensity 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. (imp 1. 1, 2.1, 5. 1, 10.2, 16.2, 16.3, 17.1, 18.1, 19.1, 22.1, 23.1, 23.2) The applicant asserts the increase in development limits is necessary in order for the redevelopment of this property to be economically feasible. If this assertion is correct, the proposed General Plan amendment would be consistent with Policy LU 3.2 for the following reasons: • The increased development limit would allow for redevelopment of the existing underperforming properties, and would allow a project what would generate greater architectural presence and enhance this prominent intersection at the northeast boundary of the City limits. • The proposed project would be served by adequate infrastructure and public services, and the proposed increase in development limits would not exceed existing service levels for public services or utilities. • As discussed in the Transportation and Traffic Section of the MND prepared for the proposed project (Pages 3 -62 through 3 -69 of Attachment No. PC3), the proposed project would result in a decrease in trips due to the reduction in square footage of the existing bank building from approximately 10,000 square feet to approximately 4,000 square feet. Thus, the decrease in trips during operation of the proposed project would not impact the standards for acceptable traffic level of service in this area. Newport Business Plaza (PA2008 -164) August 5, 2010 Page 7 LU 6.15.1 Land Use Districts and Neighborhoods Provide for the development of distinct business park, commercial, and airport- serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. (Imp 1. 1, 2.1) The proposed General Plan amendment would be consistent with Policy LU 6.15.1 specific to the Airport Area for the following reason: • The proposed project would provide for redevelopment of the site with a new distinct business plaza, integrated to ensure a quality environment that is compatible with the existing surrounding land uses in the Koll Center Newport Planned Community, and the City of Irvine. Staff believes the proposed project can be found consistent with the General Plan goals and policies, and supports the proposed General Plan amendment. If this proposed General Plan amendment is approved, Table LU2 (Anomaly Locations) of the General Plan Land Use Element would be updated to reflect a maximum development limit of 46,044 GSF. See Attachment No. PC4 for draft changes to Land Use Element. Charter Section 423 (Measure S) Charter Section 423 requires voter approval of any major General Plan amendment to the General Plan. A major General Plan amendment is one that significantly increases allowed density or intensity by 40,000 square feet of non - residential floor area, or increases traffic by more than 100 peak hour vehicle trips, or increases residential dwelling units by 100 units. These thresholds apply to the total of increases resulting from the amendment itself, plus 80 percent of the increases resulting from other amendments affecting the same neighborhood (defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted within the preceding ten years. Council Policy A -18 requires that proposed amendments to the General Plan be reviewed to determine if a vote of the Newport Beach electorate would be required. This policy includes a provision that all General Plan amendments be tracked as "Prior Amendments" for ten years to determine if minor amendments in a single Statistical Area cumulatively exceed the thresholds indicated above. The project site for which the General Plan amendment is proposed is located within Statistical Area L4 of the General Plan Land Use Element, and would result in an increase of 11,544 GSF of non - residential floor area. Based on the trip generation rates contained in the Council Policy A -18 (blended commercial rate), the proposed project is forecast to generate an additional 34 a.m. peak hour trips and 46 p.m. peak hour trips. There has been one prior amendment approved within Statistical Area L4 since adoption of the 2006 General Plan, which was adopted on January 9, 2007. Table 1 Newport Business Plaza (PA2008 -164) August 5, 2010 Page 8 below shows the area and peak hour trips analysis for the prior amendment and the proposed project: Prior Amendment (,_o,)nna_naa 19,212.8 s q ft ( 80% ) 34.19 a.m. trips ( 80% ) 33.04 a.m. trips (80 %) A' o 4;, t 11,544 sq.ft. (100 %) 34.63 a.m. trips (100 %) 46.17 p.m. trips (100 %) As indicated in the above table, the proposed General Plan amendment does not exceed the non - residential floor area threshold, and does not exceed the peak hour vehicle trips threshold. Therefore, none of the three thresholds that require a vote pursuant to Charter Section 423 are exceeded. If the proposed General Plan amendment is approved by City Council, the amendment will become a prior amendment that will be tracked for ten years for any proposed future amendments. It should be noted that a second request for a General Plan amendment appears on the August 5, 2010, Planning Commission meeting agenda. None of the three thresholds that require a vote pursuant to Charter Section 423 would be exceeded if both requests are granted by the City Council, as demonstrated in Table 2 below: GP2006 -096V V " 19,212.8 sq.ft. (80 %) Amendment 19,235.2 sq.ft. (80 %) Proposed Amendment 11,544 sq.ft. (100 %) Planned Community Text Amendment 34.19 a.m. trips (80 %) 27.70 a.m. trips (80 %) 20.54 a.m. trips (100 %) 33.04 a.m. trips (80 %) 36.94 p.m. trips (80 %) 19.85 p.m. trips (100 %) The Koll Center Newport Planned Community Development Standards were adopted by the City Council on August 14, 1972. The applicant is requesting to amend Part II ( "Commercial ") of Section I ( "Site Area and Building Area ") of the planned community text to increase the allowable building area for Office Site F from 24,300 NSF to 42,646 NSF. The proposed change in allowable building area affects the Statistical Analysis data for Office Site F, which has been revised accordingly. The proposed changes to Part Il, Section I of the planned community text are shown on Attachment No. PC5. Newport Business Plaza (PA2008 -164) August 5, 2010 Page 9 No changes to any other development regulations are proposed or necessary to implement this project, and the project as proposed will comply with all general development standards specified in the planned community text. Tentative Parcel Map The applicant requests approval of a tentative parcel map for commercial condominiums purposes, and to combine the two parcels into a single building site in order to accommodate development of the new commercial business plaza. In approving a tentative parcel map, the decision - making body must make all of the following findings per Section 19.12.070 of Title 19 of the Newport Beach Municipal Code ( "NBMC "). Staff believes the proposed parcel map is consistent with the legislative intent of Title 20 of the NBMC, and the following facts support the findings required pursuant to Section 19.12.070 to grant approval of a tentative parcel map: 1. Finding: That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: The proposed parcel map is for commercial condominium purposes and to combine two existing parcels of land into a single building site. As part of the proposed project, the applicant requests approval of a General Plan amendment to increase the maximum allowable development limit on the subject property. If the General Plan amendment is approved, the proposed subdivision and improvements of the subdivision would be consistent with the General Plan and the MU -H2 land use designation. 2. Finding: That the site is physically suitable for the type and density of development. Facts in Support of Finding: The lot is regular in shape, has a slope of less than 20 percent, and is suitable for development. • As part of the proposed project, the applicant requests approval of a General Plan amendment and an amendment to the Koll Center Planned Community text to increase the maximum allowable development limit on the subject property. If the General Plan amendment and planned community text amendment are approved, the project site would be physically suitable for the amount of entitlement (or intensity) proposed for development of the site. Newport Business Plaza (PA2008 -164) August 5, 2010 Page 10 3. Finding: That the design of the subdivision or the proposed improvements will not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. 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: A MND has been prepared for the proposed project, and it has been determined that the design of the subdivision or the proposed development will not result in a significant effect on the environment, nor substantially and avoidably injure fish or wildlife or their habitat. 4. Finding: That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: The proposed parcel map is for commercial condominium purposes, and to combine two existing parcels into a single building site. Construction for the proposed 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. 5. Finding: That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to easements previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: 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. 6. Finding: That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting Newport Business Plaza (PA2008 -164) August 5, 2010 Page 11 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: Because the subject property is not considered an agricultural preserve and is less than 100 acres, it is not subject to the Williamson Act. In addition, the subject property is zoned PC -15 (Koll Center Newport Planned Community), which does not allow agricultural uses. 7. Finding: That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision - making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: The property is not a "land project" as defined in Section 11000.5 of the California Business and Professions Code, and the project site is not located within a specific plan area. 8. Finding: That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: The proposed parcel map and improvements associated with the proposed project are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department enforces Title 24 compliance through the plan check and inspection process. 9. Finding: That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: The proposed parcel map is for commercial condominium purposes and to combine two existing parcels into a single building site. No residential uses are proposed as part of the project, and no affordable housing units are being eliminated. 10. Finding: That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board ( "RWQCB "). Newport Business Plaza (PA2008 -164) August 5, 2010 Page 12 Facts in Support of Finding: The proposed project would not exceed wastewater treatment requirements of the RWQCB, and additional wastewater discharge into the existing sewer system generated by the proposed project would not violate RWQCB requirements. 11. Finding: For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Finding: The subject property is not located in the Coastal Zone. Environmental Review A MND has been prepared for the proposed project by ICF Jones & Stokes, an environmental consulting firm, in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). The MND is attached as Attachment No. PC3. Based on the analysis in the MND, seven categories were identified which the project would have potentially significant impacts, as follows: Aesthetics, Biological Resources, Cultural Resources, Geology /Soils, Hazards /Hazardous Materials, Noise, and Transportation/Traffic. Specific mitigation measures have been prepared to reduce the potentially significant adverse effects to a less than significant level, and are included in the Mitigation Monitoring and Reporting Program ( "MMRP "). The MND was circulated for a 20 -day public review period on May 19, 2010, and concluded on June 7, 2010. Staff has received four comment letters from agencies, which are attached as Attachment No. PC5. An Errata to the MND (Chapter 4) has been prepared to address minor modifications to the MND. These minor modifications are related to the public comments received, and have been prepared in order to provide clarifications or corrections to the MND. No new significant environmental impacts were identified, and no new mitigation measures have been added to the MMRP. Summary Staff recommends the Planning Commission adopt the draft resolution recommending City Council adoption of the MND, and approval of General Plan Amendment No. 2008- 007, Planned Community Development Plan Amendment No. 2009 -001, and Tentative Parcel Map No. 2010 -006 subject to the attached findings and conditions (Attachment No. PC1) Newport Business Plaza (PA2008 -164) August 5, 2010 Page 13 Alternatives The Planning Commission may approve the draft resolution and recommend City Council approval of the proposed project as requested, approve a revised project, continue the item, or deny the project. Should the Planning Commission choose to approve a revised project, staff will return at a date certain with a revised resolution incorporating new findings and /or conditions. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property (excluding roads and waterways) and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. The environmental assessment process has also been noticed in a similar manner and all mandatory notices per the California Environmental Quality Act have been given. Finally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: ATTACHMENTS Submitted by: Padrick J. Alf rd Planning Manager PC 1 Draft Resolution with Findings and Conditions PC 2 Project plans PC 3 Draft Mitigated Negative Declaration PC 4 General Plan Land Use Element Text Changes PC 5 Planned Community Text Changes PC 6 Comment Letters Attachment No. PC 1 Draft Resolution with Findings and Conditions RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION, APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2008 -007, APPROVAL OF PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2009 -001, AND APPROVAL OF TENTATIVE PARCEL MAP NO. NP2010 -006 FOR A NEW COMMERCIAL BUSINESS PLAZA LOCATED 4699 JAMBOREE ROAD AND 5190 CAMPUS DRIVE (PA2008 -164) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by WPI- Newport, LLC, with respect to property located at 4699 Jamboree Road and 5190 Campus Drive, and legally described as Parcels 1 and 2 of Parcel Map, as per map filed in Book 142, Pages 18 and 19 of Parcel Maps, in the Office of the Orange County Recorder, requesting approval of: 1) a General Plan Amendment to increase the maximum allowable development limit for Anomaly Location #6 of the Land Use Element by 11,544 gross square feet, 2) an amendment to the Koll Center Newport (PC -15) Planned Community text to allow an increase to the Allowable Building Area for Professional & Business Office Site F by 18,346 net square feet, and 3) approval of a tentative parcel map for commercial condominium purposes, and to combine the existing two parcels (Parcel 1 at 4699 Jamboree Road and Parcel 2 at 5190 Campus Drive) into a single building site. 2. The applicant proposes to demolish the two existing buildings and redevelop the site with a new approximately 46,000- gross- square -foot commercial business plaza. 3. The subject property is located within the Koll Center Newport (PC -15) Planned Community Zoning District and the General Plan Land Use Element category is Mixed- Use Horizontal 2 (MU -112). 4. The subject property is not located within the coastal zone. 5. A public hearing was held by the Planning Commission on August 5, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Page 2 of 20 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 20 -day public comment period beginning on May 19, 2010, and ending on June 7, 2010. The contents of the environmental document and comments on the document were considered by the Planning Commission in its review of the proposed project. 3. 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 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program attached as Exhibit "A" is hereby recommended for adoption by the City Council. The document and all material, which constitute the record upon which this decision for recommendation was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 5. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. 1. The project site is located in the Statistical Area L4 (Airport Area) of the Land Use Element of the General Plan, and is identified as Anomaly Location #6. The General Plan Land Use Element designates the project site as Mixed -Use Horizontal 2 ( "MU- 1-12 "). The MU -H2 designation provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The proposed new commercial business plaza is consistent with this designation. Planning Commission Resolution No. Newport Business Plaza (PA2008 -164) Paae 3 of 19 complementary in type, form, scale, and character. The policy states that changes in use and /or density /intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. The proposed General Plan amendment to increase the maximum allowable development limit in Anomaly Location #6 from 34,500 gross square feet to 46,044 gross square feet is consistent with General Plan Policy LU 3.2 as follows: • The increased development limit would allow for redevelopment of the existing underperforming properties, and would allow a project what would generate greater architectural presence and enhance this prominent intersection at the northeast boundary of the City limits. • The proposed project would be served by adequate infrastructure and public services, and the proposed increase in development limits would not exceed existing service levels for public services or utilities. • As indicated in the Transportation and Traffic Section of the MND, the proposed project would result in a decrease in trips due to the reduction in square footage of the existing bank building from approximately 10,000 square feet to approximately 4,000 square feet. Thus, the decrease in trips during operation of the proposed project would not impact the standards for acceptable traffic level of service in this area. 3. General Plan Policy LU 6.15.1 provides for the development of distinct business park, commercial, and airport- serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. The proposed General Plan amendment to increase the maximum allowable development limit is consistent with this policy as follows: • The proposed project would provide for redevelopment of the site with a new distinct business plaza, integrated to ensure a quality environment that is compatible with the existing surrounding land uses in the Koll Center Newport Planned Community, and the City of Irvine. 4. Charter Section 423 requires that all proposed General Plan Amendments be reviewed to determine if the square footage (for non - residential projects), peak hour vehicle trip, or dwelling 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 does not exceed the non - residential floor area Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Page 4 of 19 threshold, does not exceed the peak hour vehicle trips threshold, and does not create any new dwelling units. 5. The General Plan includes several goals and policies emphasizing high quality redevelopment and new development of sites, utilizing adequate standards for site and building design, parking and undergrounding of utilities, landscaping, and signage control. The Koll Center Newport Planned Community Development Standards provides the regulations to implement these various goals and policies. Other than the increase in allowable building area for Office Site F from 24,300 net square feet to 42,646 net square feet, the project as proposed meets all general development standards specified in the planned community text. 6. A tentative parcel map for commercial condominiums purposes, and to combine the two parcels into a single building site in order to accommodate development of the new commercial business plaza has been prepared in accordance with Title 19 of the Newport Beach Municipal Code (NBMC). The Planning Commission determined in this case that the proposed parcel map is consistent with the legislative intent of Title 20 of the NBMC, and the following findings per Section 19.12.070, and facts in support of such findings are set forth: A. Finding: That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: A -1. The proposed parcel map is for commercial condominium purposes and to combine two existing parcels of land into a single building site. As part of the proposed project, the applicant requests approval of a General Plan amendment to increase the maximum allowable development limit on the subject property. If the General Plan amendment is approved, the proposed subdivision and improvements of the subdivision would be consistent with the General Plan and the MU -1-12 land use designation. B. Finding: That the site is physically suitable for the type and density of development. Facts in Support of Finding: B -1. The lot is regular in shape, has a slope of less than 20 percent, and is suitable for development. Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Paae 5 of 19 B -2. As part of the proposed project, the applicant requests approval of a General Plan amendment and an amendment to the Koll Center Planned Community text to increase the maximum allowable development limit on the subject property. If the General Plan amendment and planned community text amendment are approved, the project site would be physically suitable for the amount of entitlement (or intensity) proposed for development of the site. C. Finding: That the design of the subdivision or the proposed improvements will not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. 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 Findinq: C -1. A MND has been prepared for the proposed project, and it has been determined that the design of the subdivision or the proposed development will not result in a significant effect on the environment, nor substantially and avoidably injure fish or wildlife or their habitat. D. Finding: That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: D -1. The proposed parcel map is for commercial condominium purposes, and to combine two existing parcels into a single building site. Construction for the proposed 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. E. Finding: That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that alternate easements, for access Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Paae 6 of 19 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. 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. A F.1 L Finding: That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding Because the subject property is not considered an agricultural preserve and is less than 100 acres, it is not subject subject property is zoned PC -15 (Koll which does not allow agricultural uses. Finding: to the Williamson Act. In addition, the Center Newport Planned Community), 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, and the project site is not located within a specific plan area. Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Page 7 of 19 H. Finding: That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: HA The proposed parcel map and improvements associated with the proposed project are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department enforces Title 24 compliance through the plan check and inspection process. Finding: That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: 1.1 The proposed parcel map is for commercial condominium purposes and to combine two existing parcels into a single building site. No residential uses are proposed as part of the project, and no affordable housing units are being eliminated. J. Finding: That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board ( "RWQCB'). Facts in Support of Findinq: J.1 The proposed project would not exceed wastewater treatment requirements of the RWQCB, and additional wastewater discharge into the existing sewer system generated by the proposed project would not violate RWQCB requirements. Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Paae 8 of 20 K. Finding: For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Finding: K.1 The subject property is not located in the Coastal Zone. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Planning Commission's independent judgment and analysis. The Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program, attached as Exhibit "A ". The document and all material, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 2. The Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve General Plan Amendment No. 2008 -007 to increase the maximum allowable development for Anomaly Location #6 from 34,500 gross square feet to 46,044 gross square feet. 3. The Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Planned Community Development Plan Amendment No. 2009- 001 to amend the Koll Center Newport (PC -15) Planned Community text to allow an increase in the allowable building area for Professional & Business Office Site F from 24,300 net square feet to 42,646 net square feet. 4. The Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Tentative Parcel Map NP2010 -006 subject to the conditions set forth in Exhibit "B." Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Paae 9 of 19 PASSED, APPROVED AND ADOPTED THIS 5th DAY OF AUGUST, 2010. AYES: NOES: ABSTAIN: ABSENT: 13 ' lv Earl McDaniel, Chairman Michael Toerge, Secretary Planning Commission Resolution No. _ Newport Business Plaza (PA2OO8 -164) Page 10 of 20 EXHIBIT "A" Mitigation and Monitoring Reporting Program No. Mitigation Measure J Time Frame for Responsible Verification ofCompliance Implementation& Monitoring Initials Date Remarks. Monitoring Agency Aesthetics+ - = = --„- A -I The site shall not be excessively illuminated Prior to project City of based on the luminance recommendations of the operation Newport Illuminating Engineering Society of North Beach America, or, if in the opinion of the Planning Planning Director, the illumination creates an Department unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. A -2 Prior to the issuance of building permits, the Prior to issuance of City of applicant shall prepare a final lighting plan for building permits Newport approval by the Planning Department that Beach demonstrates spill light trespass and glare are Planning below or at luminance levels pursuant to Department recommendations of the Illuminating Engineering Society of North America. A -3 Exterior on -site lighting shalt be shielded and Prior to site plan City of confined within site boundaries. No direct rays approval Newport or glare are permitted to shine onto public streets Beach or adjacent sites or create a public nuisance. Planning "Walpak" type fixtures are not permitted. Department Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 feet in height. Biological Resources BIO -1 The removal of ornamental trees on site shall not During constriction Project be scheduled during the avian nesting season construction (approximately February I— August 31) to ensure contractor project conformance with the Migratory Bird Treaty Act. If clearing and grubbing are proposed to occur between February I and August 31, a preconsttuction survey for nesting birds shall be conducted by a qualified biologist no more than 7 days prior to the start of construction. If nesting birds occur within the disturbance area, a buffer around the nest shall be detennined by a qualified biologist. All construction activities shall occur outside the buffer area until a qualified biologist has determined that the nest Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Paae 11 of 20 No. Mitigation Measure . Time Frame for Responsible Verification of Compliance Initials. Date Remarks Implementation& Monitoring Monitoring A enc is complete and that no new nesting activity has occurred within the buffer area. ... Cultural Resom ces - - _ -..:.- ..... .:. ... . --... - -- CR -1 The project plans shall specify that a qualified During construction Project archaeologist be contacted in the unlikely event construction that prehistoric archaeological resources are contractor discovered in the project area during ground - disturbing activities. Work shall stop in the area of the find and within 50 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. Treatment measures typically include development of avoidance strategies, capping with fill material, or mitigation of impacts through data recovery programs such as excavation or detailed documentation. Prehistoric Archeological monitoring of the project site shall not be required, unless it is determined by the qualified archeologist who prepares the treatment measures for the find that monitoring is required based on the sediments being excavated and the significance of the find. CR -2 Project plans shall specify that that a qualified During construction Project paleontologist shall be contacted in the event that construction potential paleontological resources are contractor discovered. During construction, the contractor shall halt site excavation or preparation if suspected fossilized remains are unearthed. Construction shall cease on site and shall not be resumed until a qualified paleontologist is contacted to assess the resources and identify appropriate treatment measures, if applicable. Treatment measures may include salvaging fossils and samples of sediments as they are unearthed to avoid construction delays and/or temporarily halting or diverting equipment to allow removal of abundant or large specimens. Recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Specimens shall be curated into a professional, accredited museum repository with permanent retrievable storage. A report of findings, with an appended itemized inventory of specimens, shall be prepared and shall signify completion of the program to mitigate impacts on paleontological resources. Planning Commission Resolution No. Newport Business Plaza (PA2008-164) Pacie 12 of 20 NO. Mitigation Measure Time Frame for Responsible Verification of Compliance Initials Date Remarks Implementation& Monitoring Mn-;#-:"" . ... ... ...... .... ........ ...... .. ......... .. .......... .... ... . .. - -------- - -- - . . . ........... .......... ------ - ... ....... . . . ....... . ............. ... ..... ---------- .. ... .. ....... ...... . . ..... -Geology arid Soils .. ............ M.- -- - -------- ...... .. .... . -- ------------ ----- - --- ----- ---- GEO- I During the preparation of the grading plans and Prior to issuance of City of prior to issuance of grading permits, the grading grading permits Newport plans shall stipulate that all grading and Beach earthwork shall be performed in accordance with Building the Grading Ordinances of the City of Newport Department Beach and the applicable portion of the General Earthwork Specification in Appendix B of the geotechnical report prepared for the project. During construction, grading of the site by the contractor shall adhere to grading plans approved by the City. The implementation of these measures shall be verified during field inspections. GEO-2 During the preparation of grading plans and prior Prior to issuance of City of to issuance of grading permits, the grading plans grading permits Newport shall stipulate that all fill shall consist of non- Beach expansive materials, moisture-conditioned to Building near optimum if coliesionless and to 130% of Department optimum if cohesive or clayey. The characteristics of the fill soil shall be evaluated by the geotechnical consultant prior to placement, and confirmed to meet grading plan specifications. GEO-3 During construction, to minimize the potential During construction City of for soil movement, the upper 24 inches of soil Newport within the building slab areas (garage slab, and Beach ramp) shall be replaced with 2 feet of crushed Building aggregate. Department GEO-4 Prior to construction of the parking area, a Prior to issuance of City of geotechnical engineer shall inspect the bottom of grading permits Newport the site excavation to verify that no additional Beach excavation is required to minimize impacts on Building the structural integrity of the buildings associated Department with expansive soils. GEO-5 During construction, if groundwater rises near or During construction City of above the proposed excavation during Newport construction, underwater construction and a Beach dewatering system shall be incorporated to Building minimize impacts to the structural integrity of Department the buildings. Hazards and -Iiazardous -Materials HM-1 Prior to demolition of the office buildings on Prior to issuance of City of site, an asbestos-containing materials and lead- grading permits Newport based paint assessment shall be performed by a Beach Public qualified environmental professional and Works conducted in accordance with all federal, state, Department and local requirements, including those established by National Emissions Standards for Planning Commission Resolution No. Newport Business Plaza (PA2008 -164) Paqe 13 of 20 No. Mitigation Measure Time Frame for Responsible Verification of Compliance Initials Date Remarks Implementation& Monitoring Monitoring Agency Hazardous Air Pollutants guidelines and the Occupational Safety and Health Administration (OSHA). A report shall be furnished to the Building Department by said qualified environmental professional and shall outline the occurrence of hazardous materials on the project site. ■ If asbestos - containing materials are discovered during site investigations, all potentially friable asbestos- containing materials shall be removed in accordance with federal, state, and local laws and the National Emissions Standards for Hazardous Air Pollutants guidelines prior to building demolition or renovation that may disturb the materials. All demolition activities shall be undertaken in accordance with California Occupational Safety and Health Administration (Cal/OSHA) standards, contained in Title 8 of the California Code of Regulations (CCR), Section 1529, to protect workers from exposure to asbestos. Materials containing more than 1% asbestos are also subject to SCAQMD regulations. Demolition and the transport and disposal shall be performed in conformance with these federal, state, and local laws and regulations shall avoid significant exposure of construction workers and/or the public to asbestos - containing materials. ■ If lead -based paint is discovered during on- site investigations, all building materials containing lead -based paint shall be removed in accordance with CaVOSHA lead in construction standard, Title 8, CCR 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead -based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the waste being disposed of. Demolition and the transport and disposal shall be performed in conformance with these federal, state, and local laws and regulations shall avoid significant exposure of constmction workers and/or the public to lead -based paint. HM -2 Prior to site plan approval, the City of Newport Prior to site plan City of Beach shall file a notice of Proposed approval Newport Construction or Alteration with FAA (FAA Beach Form 7460 -1) in accordance with Federal Planning Aviation Regulation FAR Part 77. Following Department Planning Commission Resolution No. Newport Business Plaza (PA2008 -164) Paae 14 of 20 No. Mitigation Measure Time Frame for Responsible ;; Verification of Compliance Implementation& Monitoring Initials Date . Remarks Monitoring Agency FAA's aeronautical study of the project site, the proposed project shall comply with conditions of approval imposed or recommended by FAA. Subsequent to these findings, the City shall refer the proposed project to the Orange County Airport Land Use Commission for consistency analysis. The Director of planning, or designee, shall verify that the City has received a Determination of No Hazard to Air Navigation prior to the issuance of building permits for the northern parcel. Nurse - - ....... N -1 All noise - producing project equipment and During final design City of vehicles using internal combustion engines shall and prior to plan Newport be equipped with mufflers, air -inlet silencers check approval Beach Code where appropriate, and any other shrouds, Enforcement shields, or other noise- reducing features in good operating condition that meet or exceed original City of factory specification. Mobile or fixed "package" Newport equipment (e.g., arc welters, air compressors) Beach shall be equipped with shrouds and noise control Building features that are readily available for that type of Department equipment. N -2 All mobile and fixed noise - producing equipment During grading, site City of used on the proposed project that is regulated for preparation, and Newport noise output by a local, state, or federal agency construction Beach Code shall comply with such regulation while in the Enforcement course of project activity. City of Newport Beach Building Department N -3 Electrically powered equipment shall be used During fmal design City of instead of pneumatic or internal and prior to plan Newport combustion - powered equipment, where feasible, check approval Beach Code Enforcement During grading, site preparation, and City of construction Newport Beach Building Deparhnent N -4 Mobile noise - generating equipment and During, grading, site City of machinery shall be shut oft' when not in use. preparation, and Newport construction Beach Code Enforcement City of Newport Planning Commission Resolution No. _ Newport Business Plaza (PA2008 -164) Page 15 of 20 No. Mitigation Measure Time Frame for Responsible Verification of Compliance Implementation& Monitoring Initials Date Remarks Monitoring Agency Beach Building Department N -5 Material stockpiles and mobile equipment During, grading, site City of staging, parking, and maintenance areas shall be preparation, and Newport located as far as practical from noise- sensitive construction Beach Code receptors. Enforcement City of Newport Beach Building Department N -6 Construction site and access road speed limits During, grading, site City of shall be established and enforced during the preparation, and Newport construction period. construction Beach Code Enforcement City of Newport Beach Building Department N -7 The use of noise - producing signals, including During construction City of horns, whistles, alarms, and bells, shall be for Newport safety warning purposes only. Beach Code Enforcement City of Newport Beach Building Department N -8 No project- related public address or music During, grading, site City of system shall be audible at any adjacent receptor. preparation, and Newport constriction Beach Code Enforcement City of Newport Beach Building De arnnent N -9 The on -site construction supervisor shall have During final design City of the responsibility and authority to receive and and prior to plan Newport resolve noise complaints. A clear appeal process check approval Beach Code to the project proponent shall be established Enforcement prior to construction commencement that shall During grading, site allow for resolution of noise problems that preparation, and City of cannot be immediately solved by the site construction Newport supervisor. Beach Building Planning Commission Resolution No. Newport Business Plaza (PA2008 -164) Page 16 of 20 No. Mitigation Measure, Time Frame for Implementation& Monitoring Responsible Monitoring Agency Verification of Compliance Initials Date Remarks Department Planning Commission Resolution No. Newport Business Plaza (PA2008 -164) Facie 17 of 20 EXHIBIT "B" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. NP2010 -006 A parcel map shall be recorded with the Orange County Clerk- Recorder Department. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor /engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 2. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner, unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. All improvements shall be constructed as required by City Ordinance and the Public Works Department, and shall comply with all Building, Public Works and Fire Codes. 4. No permanent structures may be built within the limits of any easement within the property, unless otherwise approved by the Public Works Department. 5. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 6. All applicable Public Works Department plan check fees, improvement bonds and inspection fees shall be paid prior to processing of the map by the Public Works Department. 7. County Sanitation District fees shall be paid prior to issuance of any building permits, required by the Public Works Department or the Building Department. 8. Prior to recordation of the Parcel Map, fair share fees shall be paid in accordance with City Ordinance 94 -19 of the Newport Beach Municipal Code. 9. Additional Public Works improvements, including street and alley reconstruction, work may be required at the discretion of the Public Works Inspector. Planning Commission Resolution No. Newport Business Plaza (PA2008 -164) Paae 18 of 20 10. If any of the existing public improvements surrounding the site is damaged by the private work, public works improvements including, but not limited to, curb and gutter, sidewalk, and alley /street reconstruction may be required at the discretion of the Public Works Inspector. 11. An encroachment agreement shall be applied for and approved by the Public Works Department for all non - standard improvements within the public right -of -way and /or extensions of private, non - standard improvements into the public right -of -way fronting the development site. 12. The applicant shall remove and reconstruct the existing concrete driveway and approach on Jamboree Road per City Standards. 13. The applicant shall remove and replace the existing disabled access ramp at Jamboree Road and Campus Drive to meet current City Standards. 14. The applicant shall install raised truncated domes in the channelizing median /island on the southwest corner of Campus Drive and Jamboree Road to meet current ADA standards. 15. The applicant shall remove and replace any damaged curb, gutter and sidewalk along the Jamboree Road and Campus Drive frontages. Limits of said replacement shall be determined by the City Public Works Inspector. 16. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 17. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.28.090 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 18. Each commercial unit shall be connected to its individual water meter and sewer lateral and cleanout located within the public right -of -way. If installed at a location that will be subjected to vehicle traffic, each water meter and sewer cleanout shall be installed with a traffic -grade box /frame and cover. 19. Each commercial unit shall be served with an individual water service and sewer lateral connection to the public water and sewer systems, unless otherwise approved by the Public Works Department and the Building Department. 20. Each commercial unit shall be served with individual gas and electrical service connection and shall maintain separate meters for the utilities. Planning Commission Resolution No. Newport Business Plaza (PA2008 -164) Paae 19 of 20 existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department through an encroachment permit or agreement. 22. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L. 23. All on -site drainage shall comply with the latest City Water Quality requirements. 24. All existing drainage facilities in the public right -of -way shall be retrofitted to comply with the City's on -site non -storm runoff retention requirements. The Public Works Inspector shall field verify compliance with this requirement prior to recordation of the parcel map. 25. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 26. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport Beach Municipal Code, approved street numbers or addresses shall be placed on all new and existing buildings in such a location that is plainly visible and legible from the street or road fronting the subject property. Said numbers shall be of non - combustible materials, shall contrast with the background, and shall be either internally or externally illuminated to be visible at night. Numbers shall be no less than four inches in height with a one -inch wide stroke. The Planning Department Plan Check designee shall verify the installation of the approved street number or addresses during the plan check process for the new or remodeled structure. 27. 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 Newport Business Plaza including, but not limited to, the General Plan Amendment No. GP2008 -007, Planned Community Development Plan Amendment No. PD2009 -001, and Tentative Parcel Map No. NP2010 -006. 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 Planning Commission Resolution No. Newport Business Plaza (PA2008 -164) Paae 20 of 20 any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 28. This Parcel Map shall expire if the map has not been recorded within three years of the date of approval, unless an extension is granted by the Planning Director in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code, Mitigation Measures 29. 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. Attachment No. PC 2 Project Plans Document available at the City's Planning Commission Agenda page located in the August 5, 2010 Agenda folder located at: http:// www .newportbeachca.gov /index.aspx ?page =1325 Attachment No. PC 3 Draft Mitigated Negative Declaration Document available at the City's Environmental Document Download page located at: http://www.newportbeachca.gov/index.aspx?paqe=1347 Attachment No. PC 4 General Plan Land Use Element Text Changes Anomaly Number Statistical Area Land Use Designation Development Limit (so Development Limit Other Additional Information 1 L4 MU -H2 460,095 471 Hotel Rooms (not included in total square footage) 2 1.4 MU -1-12 1,060,146 3 L4 CO -G 734,641 4 L4 MU -1-12 250,176 5 L4 MU -1-12 32,500 6 L4 MU -1-12 34;5004 7 1.4 MU -1-12 81,372 8 1.4 MU -1-12 442,775 9 L4 CG 120,000 164 Hotel Rooms (included in total square footage) 10 L4 MU -1-12 31,362 349 Hotel Rooms (not included in total square footage) 11 L4 CG 11,950 12 L4 MU -1-12 457,880 13 1.4 CO -G 288,264 14 L4 CO- G /MU -1-12 860,884 15 L4 MU -1-12 228,214 16 L4 CO -G 344,231 17 L4 MU -1-12 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 CO -G 70,000 Restaurant: 8000 sf, or Office: 70,000 sf 23 K2 PR 15,000 24 L3 IG 89,624 25 L3 PI 84,585 26 1.3 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 Anomaly Number Statistical Area Land Use Designation Development Limit (sQ Development Limit Other - Additional Information 33 M3 PI 163,680 Administrative Office and Support Facilitates: 30,000 sf Community Mausoleum and Garden Crypts: 121,680 sf Family Mausoleums: 12,000 sf 34 L1 CO -R 484,348 35 L1 CO -R 199,095 36 L1 CO -R 227,797 37 L1 CO -R 131,201 2,050 Theater Seats (not included in total square footage) 38 L1 CO -M 443,627 39 L1 MU -1-13 408,084 40 L1 MU -1-13 1,426,634 425 Hotel Rooms (included in total Square Footage) 41 L1 CO -R 327,671 42 L1 CO -R 286,166 43 L1 CV 611 Hotel Rooms 44 L1 CR 1,619,525 1,700 Theater Seats (not included in total square footage) 45 L1 CO -G 162,364 46 L1 MU -H3 1PR 3,725 24 Tennis Courts Residential permitted in accordance with MU -1-13. 47 L1 CG 105,000 48 L1 MU -1-13 337,261 49 L1 PI 45,208 50 L1 CG 25,000 51 K1 PR 20,000 52 K1 CV 479 Hotel Rooms 53 K1 PR 567,500 See Settlement Agreement 54 J1 CM 2,000 55 H3 PI 119,440 56 A3 PI 1,343,238 990,349 sf Upper Campus 577,889 sf Lower Campus In no event shall the total combined gross floor area of both campuses exceed the development limit of 1,343,238 sq. ft. 57 Intentionally Blank 58 J5 PR 20,000 59 H4 MU -W1 487,402 157 Hotel Rooms and 144 Dwelling Units (included in total square footage) 60 N CV 2,660,000 2,150 Hotel Rooms (included in total square footage) Anomaly Number Statistical Area Land Use Designation Development Limit (sO Development Limit Other Additional Information 61 N CV 125,000 62 1-2 CG 2,300 63 G1 CN 66,000 64 M3 CN 74,000 65 M5 CN 80,000 66 J2 CN 138,500 67 D2 PI 20,000 68 L3 PI 71,150 69 K2 CN 75,000 70 D2 RM -D Parking Structure for Bay Island (No Residential Units) 71 1-1 CO -G 11,630 72 L1 CO -G 8,000 73 A3 CO -M 350,000 74 1-1 PR 35,000 City Hall, and the administrative offices of the City of Newport 75 1-1 PF Beach, and related parking, pursuant to Section 425 of the City Charter. Attachment No. PC 5 Planned Community Text Changes PART 11 Section I. Group I COMMERCIAL Site Area and Building Area PROFESSIONAL & BUSINESS OFFICES Acreages shown are net buildable land area including landscape setbacks with property lines. (4) FA Site A Site B Site C Site D Site E Site F Site G Site A Site B Site C Site D Site E Site F Site G Building Site (4) Total Acreage 30.939 acres * (29) 43.703 acres (11) 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 122.574 acres (8)(10)(11) Allowable Building Area Office Acreage 30.939 acres *(29) 43.703 acres (11) 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 122.574 acres(8)(10)(11) 366,147 square feet (16)(26)(29)(30) 967,803 square feet (13)(16)(28)(30) 674,800 square feet (10)(15) 240,149 square feet (8)(13) 32,500 square feet (4) 24,300 squaFe feet (4) 42,646 square feet (4) (31) 45,000 square feet (8) 2,350,699 square feet-(I 5)( *) *(3)(4) In addition to 19.399 acres of office use, there is 9.54 acres for hotel and motel and 2.0 acres of lake within Office Site A. Therefore, there are 30.939 acres net within Office Site A. (3)(4)(16) C. Statistical Analysis (4) The following statistics are for information only. Development may include but shall not be limited to the following: Story heights shown are average heights for possible development. The buildings within each parcel may vary. Assumed Parking Criteria: a. One (1) space per 225 square feet of net building area @ 120 cars per acre for Sites C, D, E, F and G. b. One (1) space per 300 square feet of net building area @ 120 cars per acre for Sites A, B and C. (11) 6. Site F (4) Allowable Building Area ? ^z 300 square feet 42,646 square feet Site Area ......... 1.765 acres a. Building Height Land Coverage One story development ............... 0360.98 acres Two story development ............... 0:280.49 acres Three story development ............... 0490.33 acres Four story development ............... 04-40.24 acres Five stogy development 0.20 acres Six story development 0.16 acres b. Parking 408 -190 cars Land Coverage ............... 0,9101.58 acres C. Landscaped Open Space Land Coverage One story development ............... 0:30 <0.80> acres Two story development ............... 038 <0.31> acres Three story development ............... 0:67 <0.15> acres Four story development ............... 032 <0.06> acres Five story development <0.02> acres Six stogy development <0.03> acres Attachment No. PC 6 Comment Letters cc' A California Cultural Resource Preservation Alliance, Inc. P.O. Box 54132 An alliance of American Indian and scientific communities working for Irvine, CA 92619 -4132 the preservation of archaeological sites and other cultural resources. May 23, 2010 Ms. Janet Johnson Brown Associate Planner, Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 I 107-m—iluTM:3ZOis+'F Thank you for the opportunity to review the Draft Initial Study and Mitigated Negative Declaration Newport Business Plaza. We agree that the proposed project will not affect a historic resource and that significant impacts to archaeological resources are unlikely. However, the project area was not inspected for the presence of archaeological remains when it was developed therefore; it is possible that buried archaeological resources are present and could be impacted by the proposed excavation of approximately 3,000 cubic yards of soil. Given the proximity of two archaeological sites and the large amount of soil to be removed, there is a possibility that buried prehistoric archaeological resources could be encountered. Mitigation Measure CR- 1 is proposed as the means to reduce impacts to less than significant. It is our contention that this mitigation measure is inadequate and would not prevent construction impacts because it is dependent upon unqualified construction personnel to identify buried prehistoric archaeological resources. A qualified archaeologist is needed to identify archaeological materials and evaluate them using the California Register of Historic Properties criteria, Therefore, we strongly recommend that an archaeologist be present to monitor excavation that exceeds the depth of previous ground disturbance. If you have any questions, please call me at (949) 559 -6490, or email pmartz @calstatela.edu. Sincerely, Patricia Martz, Ph.D. President Y �Ni'iD$ R� P1.A MP`f 2 "� 210 CITY OF 4 � ogT $ p.CI� Southern California Gas Company A Sempra Energy utiiity� May 27, 2010 City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 Attention: Janet Johnson 0c 019"D GDg�A 1'LA�� 2 2010 og��Og,�BEp��ki C I' � 1919 S. State College Blvd. Anaheim, CA 92806-6114 Subject: Mitigated Negative Declaration for Newport Business Plaza Project, PA2008 -164 This letter is not to be interpreted as a contractual commitment to serve the proposed project but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas facilities within the service area of the project could be altered or abandoned as necessary without any significant impact on the environment. Information regarding construction particulars and any costs associated with initiating service may be obtained by contacting the Planning Associate for your area, Dave Baldwin, (714)634 -3267. Technical Supervisor Orange Coast Region - Anaheim Ps /mr mitnegde.doc STATE OF CAL RORNIA BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENECCER , QqKetuo, DEPARTMENT OF TRANSPORTATION District 12 3337 Michelson Drive, Suite 380 Irvine, CA 92612 -8894 Tel: (949) 724 -2267 RECEIVED BY Fax: (949) 724 -2592 PLANNING DEPARTMENT June 7, 2010 Janet Johnson Brown City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 JUN 1.42010 CITY OF NEWPORT BEACH Subject: Newport Business Plaza Dear Ms.Brown, ra Flexyourpower! Be energy efcient! File: IGR/CEQA SCH #: None Log #: 2535 SR -73, SR -55, and I -405 Thank you for the opportunity to review and comment on the Mitigated Negative Declaration for the Newport Business Plaza project. The project involves a General Plan Amendment and an amendment to the Koll Center Newport Planned Community text for two existing parcels and the re- development of the parcels with a new I -story bank, two 3 -story office buildings, and a 2 -level parking garage. The nearest State route to the project site is SR -73, SR -55, and I -405. The California Department of Transportation (Department), District 12 is a commenting agency on this project and we have no comment at this time. However, in the event of any activity within the Department's right -of -way, an encroachment permit will be required. Please continue to keep us informed of this project and any future developments, which could potentially impact State transportation facilities. If you have any questions or need to contact us, please do not hesitate to call Damon Davis at (949) 440 -3487. Sincerely, n� ch � Chief � Local Development/Intergovernmental Review C: Terry Roberts, Office of Planning and Research "Caltrans improves mobility across California" AIRPORT LAND USE COMMISSION DRANGE COUNTY FOR ORANGE COUNTY .4LdDC 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.SI70 fax: 949.252.6012 RECEIVED BY PLANNING DEPARTMENT June 7, 2010 Janet Johnson Brown, Associate Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 JUN 10 2010 CITY OF NEWPORT BEACH Subject: NOI to Adopt MND for Newport Business Plaza Project Dear Ms. Brown: Thank you for the opportunity to review the Initial Study for the proposed Newport Business Plaza Project in the context of the Airport Land Use Commission's Airport Environs Land Use Plan for John Wayne Airport (JWA AELUP). The proposed project includes the development of a 1 -story bank, two 3 -story office buildings, and a 2 -level parking structure located at 4699 Jamboree Road and 5190 Campus Drive. We wish to offer the following comments and respectfully request consideration of these comments as you proceed with preparation of your Mitigated Negative Declaration (MND). As discussed in the initial study, the proposed project is located within the Federal Aviation Regulation (FAR) Part 77 Notification Area for JWA. The proposed project penetrates the Notification Surface for JWA and the MND includes.Mitigation Measure HM -2 which states that the City of Newport Beach will require the filing of FAA Form 7460 -1 with the FAA Regional. Office and that the City shall refer the proposed project to the ALUC for consistency analysis. We appreciate the inclusion of this mitigation measure and also recommend that the MND include a discussion the proposed project's location within the FAR Part 77 Obstruction Imaginary Surfaces for JWA. With respect to noise, the initial study states that the proposed project is located outside 65 dBA CNEL noise contour for JWA. However, the initial study should also discuss whether the project falls within the 60 dBA CNEL noise contour for JWA. Per the AEL UP for JWA, noise impact within the 60 dBA CNEL noise contour is sufficient to require sound attenuation as set forth in the California Noise Insulation Standards, Title 25, California Code of Regulations. The MND should include evidence that the proposed structure will be sufficiently sound attenuated to allow normal work activities to be conducted. In addition, the MND should also discuss if the development of heliports will be part of the proposed project. Should the development of heliports occur within your jurisdiction, proposals to develop new heliports must be submitted through the City to the ALUC for review and action pursuant to Public Utilities Code Section 21661.5. Proposed heliport projects must comply fully with the State permit procedure provided by law and with all conditions of approval imposed or recommended by FAA, by the ALUC for Orange County and by Caltrans /Division of Aeronautics. A referral by the City to the ALUC may be required for this project due to the location of the proposal within an AELUP Planning Area and due to the nature of the required City approvals (i.e. General Plan Amendment) under PUC Section 21676(b). In this regard, please note that the Commission suggests such referrals to be submitted and agendized by the ALUC staff between the Local Agency's expected Planning Commission and City Council hearings. Since the ALUC meets on the third Thursday afternoon of each month, submittals must be received in the ALUC office by the first of the month to ensure sufficient time for review, analysis, and agendizing. Thank you for the opportunity to continent on this initial study. Please contact Lea Umnas at (949) 252 -5123 or via email at lumnas@.ocair.com if you need any additional details or information regarding the future referral of your project. Sincerely, C�a. qz'*n ,,v Kari A. Rigoni Executive Officer