Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Newport Executive Court_UP, TS, NP, ND_20372 Birch St (PA2006-280)
CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 18, 2007 Meeting Agenda Item No. 4 SUBJECT: Newport Executive Court (PA2006 -280) 20372 Birch Street • Use Permit No. 2006 -039 ■ Traffic Study No. 2006 -003 ■ Tentative Parcel Map No. 2007 -002 ■ Mitigated Negative Declaration No. 2007 -005 APPLICANT: Newport Executive Court, LLC PLANNER: Rosalinh Ung, Associate Planner (949) 644 -3208, runaCa)-citv.newport- beach.ca.us PROJECT SUMMARY The project consists of the construction of four, two -story medical office buildings totaling approximately 64,973 square feet of floor area with an underground parking garage. The following discretionary approvals are requested, or required, in order to implement the project as proposed: 1. Use permit approval pursuant to Chapter 20.44.050.B. (Business Park District of Santa Ana Heights Specific Plan) to allow medical office uses. Decision - making authority for this use permit is assigned to the Planning Director; however, it is being referred to the Planning Commission for consideration due to the required consideration by the Planning Commission of the traffic study. 2. Traffic study approval pursuant to Chapter 15.40 (Traffic Phasing Ordinance) as the project will generate in excess 300 average daily trips (ADT). 3. Tentative parcel map approval pursuant to Title 19 (Subdivision Code) for a 4- parcel consolidation. Staff recommends that the Planning Commission take the following action: 1. Adopt attached draft resolution (Exhibit 1) approving Use Permit No. 2006 -039, Traffic Study No. 2006 -003, and Tentative Parcel Map No. 2007 -002, and adopting Mitigated Negative Declaration No. 2007 -005. 10, N., 41 6 40 44 IN AY, os ' ';(I r. 1. � 1, 4 ( lk IW NIS Newport Executive Court October 18, 2007 Page 3 I GENERAL PLAN I ZONING I I lr°cagp.,.a,.uw mqt ml.l .,n eqV tlt. i t w a•I w�i K r etn RdV nu ned xm 0 �2Adt exit n«' »n A \ mwl 1 \\ r \ eW �\ I LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE General Commercial Office 0.5 Business Park District of Santa Ana Heights Vacant S ecific Plan BP -SP -7 NORTH General Commercial Office 0.5 Business Park District of Santa Ana Heights Office Specifi c Plan BP -SP -7 Development Residential Equestrian District of Santa Ana residential SOUTH Single -Unit Residential Detached Heights Specific Plan (REQ -SP -7) residential dwellincis Residential Equestrian District of Santa Ana Single -unit EAST Single -Unit Residential Detached residential Heights Specific Plan (REQ -SP -7) dwellings Residential Equestrian District of Santa Ana residential WEST Single -Unit Residential Detached Heights Specific Plan (REQ -SP -7) residential dwellings 5 arts mno ew q qHf 1 1 (' A.I 1 mm j ( ml Ir AAI' «a. RS 0 .e S SP-7 »n A \ mwl 1 \\ r \ eW �\ I LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE General Commercial Office 0.5 Business Park District of Santa Ana Heights Vacant S ecific Plan BP -SP -7 NORTH General Commercial Office 0.5 Business Park District of Santa Ana Heights Office Specifi c Plan BP -SP -7 Development Residential Equestrian District of Santa Ana residential SOUTH Single -Unit Residential Detached Heights Specific Plan (REQ -SP -7) residential dwellincis Residential Equestrian District of Santa Ana Single -unit EAST Single -Unit Residential Detached residential Heights Specific Plan (REQ -SP -7) dwellings Residential Equestrian District of Santa Ana residential WEST Single -Unit Residential Detached Heights Specific Plan (REQ -SP -7) residential dwellings 5 5 Newport Executive Court October 18, 2007 Page 4 INTRODUCTION Proiect Settin The subject property is located on the south side of Birch Street, at the terminus of Birch Street and Mesa Drive in Santa Ana Heights. The property is bound by Birch Street to the north, a proposed park (Mesa Birch View Park) and residential developments to the west and southeast, and commercial /office development to the northeast. The 3.06 -acre site had been improved with single - family residential structures with nurseries and horse stables. These structures were demolished in 2004. The site is currently vacant and fenced with some mature vegetation. Proiect Description The applicant proposes to construct four, two -story medical office buildings referred to as Newport Executive Court. The Newport Executive Court is an integrated ensemble of four buildings situated on top of a single level, below grade parking garage. The proposed buildings include a dark grey color stone band that rises at the front elevation of each building to emphasize the entry from the courtyard. The rest of the building facades are glass curtain walls. The main entry elevation towards Birch Street is designed with light earth -tone colored aluminum panels. According to the applicant, the proposed project has also been designed to follow the architectural and development guidelines in the Santa Ana Heights Specific Plan. The project has a 75 -foot setback from the residential -zoned properties. The development consists of Building A with 10,037 square feet, Building B with 20,102 square feet, Building C with 15,972 square feet and Building D with 18,862 square feet for a total of 64,973 square feet. The proposed building height for these buildings is from 34 to 37 feet in height. The buildings will be centrally located on the subject property, surrounded by surface parking, and interconnected by landscaped pedestrian courtyards. The perimeter of the site provides 6 -foot high, slump -stone block walls with landscaped setbacks. The applicant proposes to provide 222 surface parking spaces and 104 spaces within the parking garage for a total of 326 parking spaces. Vehicular access to the property would be from Birch Street via two drive approaches. The driveways are located on the northern and southern edges of the property, approximately 295 feet apart. Vehicular access to the parking garage is located below Building C. A pedestrian drop -off and pick -up area in the garage level near the elevator of Building A is proposed. 11 Newport Executive Court October 18, 2007 Page 5 DISCUSSION Analysis General Plan The Land Use Element of the General Plan designates the subject property as General Commercial Office (CO -G) with the maximum floor area of 0.50 (CO -G 0.50). The CO -G designation is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. The applicant's request is consistent with this designation as it entails the construction of a medical office development. The proposed floor area ratio for the project is 0.49. The proposed project is, therefore, consistent with the CO -G land use designation. Zoning Code The subject property is located within the Business Park (BP) District of the Santa Ana Height Specific Plan (SP -7). This district is established to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development, and limited light industrial uses. It also provides that attention be given to the protection of the adjacent residential uses through regulation of building mass and height, landscape buffers, and architectural design features. Medical office use is one of the principal permitted uses subject to the approval of a use permit by the Planning Director, per Section 20.44.050 of the Zoning Code. Required findings for approval of the use permit must be made in accordance with the provisions of Chapter 20.91 of the Zoning Code, which will be discussed later in this report. Santa Ana Heights Business Park (BP) District Development Standards As proposed, the project meets all development regulations of the BP District including setbacks, parking, landscape, building height and floor area. The following table identifies the main development standards in the BP District and the project's conformance with those standards. DEVELOPMENT STANDARD REQUIREDILIMIT PROPOSED Building Site Area 19,800 s . ft. minimum 133,479 s . ft. 3.06 acres Site Coverage 40% maximum 32.3% Floor Area Ratio FAR 0.50 FAR 0.49 FAR Building Height 37 feet maximum 37 feet Mechanical Roof Screen 6 feet high maximum 6 feet Newport Executive Court October 18, 2007 Page 6 DEVELOPMENT REQUIREDILIMIT PROPOSED STANDARD Front Setback 10 feet minimum 72 feet, 8 inches Side Setback North 10 feet 48 feet Side Setback (South) 75 feet (when abutting REQ 75 feet District Rear Setback 75 feet (when abutting REQ 75 feet District Landscaping Setback — 10 feet 10 feet Front Landscaping Setback — 3 feet 3 feet Side North Landscaping Setback - 10 feet (when abutting REQ 10 feet Side South & Rear District Parkin 325 1 space per 200 326 Santa Ana Heights Specific Plan Design Guidelines Per Section 20.44.020 of the Zoning Code, the intent of the Santa Ana Heights Specific Plan design guidelines is to promote a consistent, high quality character of development that will result in the overall enhancement of the aesthetic character of the community. The majority of the guidelines are mandatory by the use of the term "shall" and some are flexible using terms such as "encourage "; however, most of the guidelines involve the exercise of independent judgment without an objective standard. These guidelines state that the use of the guidelines in project approvals will implement the goals of the business park area through the careful use of building forms and materials, streetscape concepts, setback and buffer areas and a unifying landscape concept. These guidelines are created to address the architectural design for business park uses and landscape criteria for all uses within the Santa Ana Heights area. The project is designed within this framework and sufficiently complies with the guidelines to warrant project approval. Santa Ana Heights Project Advisory Committee The Santa Ana Heights Planning Advisory Committee (PAC) is a standing committee established by the County and consisting of local residents. The purpose of the committee is to provide consultation and community feedback on proposed projects within the Santa Ana Heights area. PAC's initial comments on the project focused on the architectural and exterior treatments of the proposed buildings. PAC also requests assurance from the applicant that the existing mature ficus trees located on the adjacent REQ lot (2141 Mesa Drive) be protected in place when the new property wall is built. Consideration of proper soil erosion control, location of block wall footings, and drainage is also requested. The applicant addressed PAC's concerns by redesigning the building elevations facing Birch Street to reduce the amount of glass so it would not be a dominant material and 0 Newport Executive Court October 18, 2007 Page 7 stucco color has been changed to color in the range from white to earth tones. These changes would reduce the "glass box" look and the earth tone colors would be more in harmony with the natural surroundings and with the adjoining REQ neighborhood. The applicant also has been in communication with the owner of the property at 2141 Mesa Drive in order to address the tree issue. Several of the existing ficus trees located at 2141 Mesa Drive are within 3 feet of the common property line with a branch canopy that extends approximately 30 feet into the subject property. Their root system may have extended 60 feet or more into the subject property. Due to these existing conditions, the applicant is proposing to remove these trees and replace them with six (6), 48 -inch box Brisbane Box trees. These trees will be the same type as the property line trees that will be planted on the subject property. Soil erosion control would be addressed during the review and approval of the grading plan. The block wall is being proposed to be constructed on the subject property side, where the footings will not encroach on the adjacent property. A letter sent to 2141 Mesa Drive property owner, stating the above proposed improvements is attached as Exhibit 2. The applicant is waiting for an acceptance of the tree proposal. The PAC has recommended approval of the project (Exhibit No. 3). Use Permit Findings Section 20.91.035(A) of the Zoning Code requires the Planning Commission to make certain mandatory findings for the approval of a use permit. These findings are listed and discussed below. 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Medical offices are permitted in the Business Park (BP) District of the Santa Ana Heights Specific Plan subject to the approval of a use permit. The proposed location of the office use and the conditions under which it would be operated and maintained are consistent with the purpose and intent of the Business Park District and consequently compliant with the findings for a use permit. 2. That the proposed location of the use pennit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City. The proposed project is consistent with the Land Use Element of the General Plan. All development regulations of the BP Zoning District would be met, including building and landscape setbacks, structure height limitations, parking and development limits. The proposed project will not be detrimental to the welfare of persons residing or working in or adjacent to the neighborhood of the business park. The proposed project will be of )b Newport Executive Court October 18, 2007 Page 8 similar nature to the surrounding business park uses, thereby complementary to the surrounding neighborhood as envisioned in the Santa Ana Heights Specific Plan. The project is designed to be compatible with the adjacent residential properties along the south and east property lines by providing greater building and landscaping setbacks, and decorative block walls. No other sensitive land uses (e.g. schools, hospitals, etc.) are in the immediate vicinity. 3. That the proposed use will comply with the provisions of this code, including any speck condition required for the proposed use in the district in which it would be located. The proposed development and the proposed conditions, under which it would be developed and maintained, are consistent with the General Plan and the purpose of the district in which the site is located. As indicated in the previous sections, the project complies with all applicable development standards and is generally consistent with the design guidelines with the Santa Ana Heights Specific Plan. Subdivision Compliance (Title 19 of the Municipal Code) In accordance with Title 19 (Subdivision Code), approval of a parcel map is required for the proposed 4 -parcel consolation. The Planning Commission must make the following findings in approving the tentative parcel map: • 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. As noted in the previously sections above, the project is consistent with the General Plan and the Santa Ana Heights Specific Plan in Title 20. The Public Works Department has reviewed the proposed parcel map for lot consolidation and has concluded that it is consistent with the Subdivision Code. Conditions of approval will also be included to ensure compliance. • That the site is physically suitable for the type and density of development. The subject site is not within a zone deemed to be subject to seismically induced liquefaction potential based upon the geotechnical report. The project complies with the maximum floor area ratio (FAR) of 0.5. There is a minor change in topography between the subject property and the adjacent properties. This change has been incorporated in the design of the project. The site is suitable for the type and density of development proposed in that the infrastructure serving the site and surrounding area has been designed and developed to accommodate the proposed project. • That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage nor substantially and avoidably injure fish Newport Executive Court October 18, 2007 Page 9 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 aftematives identified in the environmental impact report. A mitigated negative declaration has been prepared for the project. It concludes that the project will have a less than significant impact to the environment with mitigation measures and no cumulative impacts have been identified. The site is developed in a highly urbanized area and no significant natural resources exist in the area of the project site. • That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. No evidence is known to exist that would indicate that the proposed development will generate any serious public health problems. All mitigation measures will be implemented as outlined in the mitigated negative declaration to ensure the protection of the public health. • 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 ones 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. No public easements for access through or use of the property have been retained for the use of the public at large. 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. The site is not subject to a Williamson Act contract. Therefore, this finding does not apply. P. Newport Executive Court October 18, 2007 Page 10 • 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. Title 24 of the Uniform Building code requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department will enforce Title 24 compliance through the plan check and field inspection processes for the proposed development. • 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. The project is consistent with the Santa Ana Heights Specific Plan in Title 20. Medical office use is one of the principal permitted uses subject to the approval of a use permit. • 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. The proposed project does not create residential units; however, the project does generate jobs. The applicant has projected a figure of approximately 350 employees for the medical office buildings. The City's Housing Element addresses the regional housing needs and its fair share to ensure that job and housing are balanced. • 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. Waste discharge into the existing sewer will be consistent with the commercial use of the property, which does not violate Regional Water Quality Control Board (RWQCB) requirements. The RWQCB has not provided any comments related to the proposed mitigated negative declaration during the 30 -day review period. The proposal is in compliance with the parcel map standards for lot size, width, depth, and square footage as required by the Municipal Code. The standards specify that lots must be a minimum of 19,800 square feet within the Business Park District of the Santa Ana Heights Speck Plan. The proposed lot consolidation would result in a lot of approximately 133,479 square feet in size. Therefore, the project is consistent with the legislative intent of Chapter 19 of the Municipal Code and the Subdivision Map Act. 1�) Newport Executive Court October 18, 2007 Page 11 • 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. The subject property is not located within the Coastal Zone; therefore, this finding does not apply. Traffic Study The proposed project is forecast to generate a net increase of more than 300 average daily trips (ADT), and therefore requires the approval of a traffic study per the Traffic Phasing Ordinance (TPO). A traffic study has been prepared by Kimley -Hom and Associates, Inc. under contract to the City to look at potential traffic impacts, cumulative traffic, site access, on -site circulation and parking. The project will generate approximately 3,260 daily trips, of which 195 trips are expected to occur during the AM peak hour and 325 trips are anticipated during the PM peak hour. The following is a summary of the study: • Based on the City's Intersection Capacity Utilization (ICU) methodology, all study intersections are currently operating at an acceptable Level of Service (LOS) with the exception of the intersection of Irvine at Mesa Drive, which is currently operating at LOS "E" in the evening peak hour; however, the County of Orange is planning to widen this intersection by the year 2009; therefore all future analysis incorporates the new lane configuration for this intersection, as identified in the attached Traffic Study. • All study intersections will operate at an acceptable LOS in the existing plus growth plus approved project condition (analyzed for TPO purposes). With the addition of project traffic the project will not cause any intersection to deteriorate from acceptable to unacceptable conditions and will not have a significant impact at any study intersection. • In the cumulative conditions (analyzed for CEQA purposes) the intersection of MacArthur Boulevard and Jamboree Road would continue to operate at an unacceptable LOS (0.985). The project impact would not change the reported ICU value; therefore, the impact would not be considered to be a significant impact. No mitigation measures would be required for the project. • The Traffic Engineer also concluded that site access and on -site circulation provide adequate circulation with no significant conflicts, while the proposed parking adequately provides for parking needs. As noted previously, the project provides one parking stall for every 200 square feet of gross floor area, which is the City's parking standard for medical office use. 1A Newport Executive Court October 18, 2007 Page 12 Transportation Demand Management Ordinance Per Chapter 20.64 of the Municipal Code, the intent of the Transportation Demand Management Ordinance is to meet the requirements of Government Code Section 65089(b)(3), which requires development of a trip reduction ordinance and travel demand element to the Congestion Management Program, and Government Code Section 65089.3(b) which requires adoption and implementation of a Trip Reduction and Travel Demand Ordinance. This section is applicable to all new, nonresidential development projects that are estimated to employ a total of 100 or more persons, or the current limit set by the South Coast Air Quality Management District (SCAQMD) in Rule 2202, whichever is lower at the time of project submittal. According to the applicant, the proposed office development would generate a total 350 employees. The project is, therefore, subject to the site development requirements which include the provision of carpool parking, bicycle lockers, lockers and showers, etc. for their employees. As a condition of approval, the applicant shall be required to submit a transportation management program to be reviewed and approved by the City Traffic Engineer prior to the issuance of certificate of occupancy for any of the buildings. Summary In staffs opinion, the requirements and findings necessary for project approval can be met and the proposed medical office development would not prove detrimental to the surrounding area. The project will implement a professional office land use consistent with the General Plan and applicable standards of the Santa Ana Heights Specific Plan. The tentative parcel map is consistent with the consolidation of the site for a business park use. Alternatives 1. If the Planning Commission determines that not all the facts in support of the findings can be made for the applicant's requests, the Planning Commission should direct staff to prepare findings and a resolution denying the requests and return to the next available Planning Commission meeting date with such resolution for adoption; or 2. The Planning Commission may suggest specific project modifications that are needed for approval. If this is done, the item should be continued if the changes are reasonable and easy to incorporate. If substantial changes are directed, the item should be removed from calendar to allow redesign of the project. Environmental Review A Mitigated Negative Declaration (MND) has been prepared by PB Americas, Inc. in accordance with the implementing guidelines of the California Environmental Quality Act k5 Newport Executive Court October 18, 2007 Page 13 (CEQA). The MND has been noticed and distributed for a 30 -day comment period from July 27 to August 27, 2007. The MND is attached as Exhibit No. 4 for consideration. The MND identifies 8 issue areas where 45 mitigation measures are identified. The projects Mitigation Monitoring Program (MMP) is attached to MND as Appendix D. Those issues identified are: Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Public Services, Utilities and Service Systems. The City of Newport Beach received 6 comment letters regarding the MND from the Airport Land Use Commission, California Cultural Resource Preservation Alliance, Inc., City of Irvine, Department of Toxic Substance Control, the Irvine Ranch Water District, and Department of Transportation. Consequently, one new mitigation measure was added or several were revised in response to public comments. These changes are equal or more effective measures. Recirculation of the MND is not required since there were no major project revisions or potential significant effects that must be reduced by any new mitigation measure. Insertions or deletions to the draft MND are indicated with a margin bar on the left hand side of the page in the document. Responses to comments are included in the MND as Appendix E. A summary of the changes to the MND is attached as Appendix F. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Ro alinh Ung, ssoc at Planner EXHIBITS Submitted by: i� 1. Draft resolution No. 2007 -_; findings and conditions of approval 2. Letter to Holly Jarvis (2141 Mesa Drive) 3. SAH -PAC Letter 4. Draft Initial Study /Negative Declaration' 5. Project plans 'Distributed separately due to bulk. The entire document is available in Planning Department. 16 EXHIBIT 1 DRAFT RESOLUTION OF APPROVAL 11 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH ADOPTING NEGATIVE DECLARATION NO. 2007- 005 (SCH NO. 2007 - 071158) AND APPROVING USE PERMIT NO. 2006- 039, TRAFFIC STUDY NO. 2006 -003 AND TENTATIVE PARCEL MAP NO. 2007 -002 ON PROPERTY LOCATED AT 20372 BIRCH STREET (PA2006 -280) WHEREAS, an application was filed by Newport Executive Court, LLC with respect to property located at 20372 Birch Street, and legally described as Lots 99, 125, 126, and 127 of Book, Page 25 of Miscellaneous Maps, requesting approval of a use permit to allow the construction of four, two -story medical office buildings totaling approximately 64,973 square feet of floor area; a traffic study pursuant to the Traffic Phasing Ordinance (TPO); and tentative parcel map for a 4- parcel consolidation. WHEREAS, on October 18, 2007, the Planning Commission held a noticed hearing in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California at which time the project application was considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to, and considered by, the Planning Commission at the hearing; and WHEREAS, a use permit for the proposed medical office development has been prepared in accordance with Section 20.91.035 of the Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: Medical offices are permitted in the Business Park (BP) District of the Santa Ana Heights Specific Plan subject to the approval of a use permit. The proposed location of the office use and the conditions under which it would be operated and maintained are consistent with the purpose and intent of the Business Park District and consequently compliant with the findings for a use permit. 2. Finding: That the proposed location of the use permit and the proposed conditions under which it would be operated, or maintained, will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City. Facts in Support of Finding: The proposed project is consistent with the Land Use Element of the General Plan. All development regulations of the BP Zoning District would be met, including building and landscape setbacks, structure height limitations, parking and development limits. The proposed project will not be detrimental to the welfare of persons residing or working in or adjacent to the JD City of Newport Beach Planning Commission Resolution No. _ Page 2 of 11 neighborhood of the business park. The proposed project will be of similar nature to the surrounding business park uses, thereby complementary to the surrounding neighborhood as envisioned in the Santa Ana Heights Specific Plan. The project is designed to be compatible with the adjacent residential properties along the south and east property lines by providing greater building setbacks and landscaping, and decorative block walls. No other sensitive land uses (e.g. schools, hospitals, etc.) are in the immediate vicinity. 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: The proposed development and the proposed conditions, under which it would be developed and maintained, are consistent with the General Plan and the purpose of the district in which the site is located. As indicated in the previous sections, the project complies with all applicable development standards and is generally consistent with the design guidelines with the Santa Ana Heights Specific Plan WHEREAS, Pursuant to Section 19.12.070 of the City Subdivision Code, certain findings and facts in support of such findings shall be made for approval of a Tentative Parcel Map. Such findings and facts of support are as follows: 1. Finding: That the proposed map and the design or improvements of the subdivision are consistent with General Plan and any applicable specific plan, and with the applicable provisions of the Subdivision Map Act and the City Subdivision Code. Facts in Support of Finding: The project is consistent with the General Plan and the Santa Ana Heights Specific Plan. The Public Works Department has reviewed the proposed parcel map for lot consolidation and has concluded that it is consistent with the Subdivision Code. Conditions of approval will also be included to ensure compliance. 2. Finding: That the site is physically suitable for the type and density of development. Facts in Support of Finding: The subject site is not within a zone deemed to be subject to seismically induced liquefaction potential based upon the geotechnical report. The project complies with the maximum floor area ratio (FAR) of 0.5. There is a minor change in topography between the subject property and the adjacent properties. This change has been incorporated in the design of the project. The site is suitable for the type and density of development proposed in that the infrastructure serving the site and surrounding area has been designed and developed to accommodate the proposed project. kq City of Newport Beach Planning Commission Resolution No. _ Page 3 of 11 3. Finding: That the design of the subdivision or the proposed improvements are not likely to 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 speck 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 mitigated negative declaration has been prepared for the project. It concludes that the project will have a less than significant impact to the environment with mitigation measures and no cumulative impacts have been identified. The site is developed in a highly urbanized area and no significant natural resources exist in the area of the project site. 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: No evidence is known to exist that would indicate that the proposed development will generate any serious public health problems. All mitigation measures will be implemented as outlined in the mitigated negative declaration to ensure the protection of the public health. 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 ones 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: No public easements for access through, or use of, the property have been retained for the use by the public at large. 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 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: The site is not subject to a Williamson Act contract; therefore, this finding does not apply. a� City of Newport Beach Planning Commission Resolution No. Page 4 of 11 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 project is consistent with the Santa Ana Heights Specific Plan. Medical office use is one of the principal permitted uses subject to the approval of a use permit. 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: Title 24 of the Uniform Building code requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department will enforce Title 24 compliance through the plan check and field inspection processes for the proposed development. 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 project does not create residential units; however, the project does generate jobs. The applicant has projected a figure of approximately 350 employees for the medical office buildings. The City's Housing Element addresses the regional housing needs and its fair share to ensure that job and housing are balanced. 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. Facts in Support of Finding: Waste discharge into the existing sewer will be consistent with the commercial use of the property, which does not violate Regional Water Quality Control Board ( RWQCB) requirements. The RWQCB has not provided any comments related to the proposed mitigated negative declaration during the 30-day review period. The proposal is in compliance with the parcel map standards for lot size, width, depth, and square footage as required by the Municipal Code. The standards specify that lots must be a minimum of 19,800 square feet within the Business Park a► City of Newport Beach Planning Commission Resolution No. Page 5 of 11 District of the Santa Ana Heights Specific Plan. The proposed lot consolidation would result in a lot of approximately 133,479 square feet in size. Therefore, the project is consistent with the legislative intent of Chapter 19 of the Municipal Code and the Subdivision Map Act. 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 within the Coastal Zone; therefore, this finding does not apply. WHEREAS, a traffic study has been prepared by Kimley -Hom and Associates under the supervision of the City Traffic Engineer pursuant to the TPO and its implementing guidelines, CEQA analysis for cumulative projects and intersection capacity utilization (ICU), and General Plan analysis. The project will result in a net increase of 3,260 new average daily trips, 195 vehicle trips during morning (AM) peak hour and 325 vehicle trips during the afternoon (PM) peak hour. The study concluded that the proposed project will not cause a significant impact at the study area intersections; therefore, no improvements are required at these intersections; and WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment from July 27 to August 27, 2006. Comments were received from the Airport Land Use Commission, California Cultural Resource Preservation Alliance, Inc., City of Irvine, Department of Toxic Substance Control, the Irvine Ranch Water District, and Department of Transportation. The contents of the environment document, including comments on the document, have been considered in the various decisions on this project. As result, it has been determined that the MND adequately describes the potential impacts of the project; and WHEREAS, on the basis of the entire draft environmental document, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified are feasible and reduce potential environmental impacts to a less than significant level; and WHEREAS, 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 2a City of Newport Beach Planning Commission Resolution No. Paqe 6 of 11 such judicial challenge, and bear the responsibility for any costs, attorney's fees, and damages which may be awarded to a successful challenger; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach adopts the Mitigated Negative Declaration No. 20062007 -005 (SCH No. 2007 - 071158), including Mitigation Monitoring and Reporting Program prepared for the project. Section 2. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2006 -039, Traffic Study No. 2006 -003, and Tentative Parcel Map No. 2007 -002, subject to Conditions of Approvals in Exhibit "A" attached hereto and made part hereof. Section 3. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 18th DAY OF OCTOBER 2007. BY: Robert Hawkins, Chairman M Bradley Hillgren, Secretary AYES: NOES: a3 City of Newport Beach Planning Commission Resolution No. _ Page 7 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2006 -039, TRAFFIC STUDY NO. 2006 -003, AND TENTATIVE PARCEL MAP NO. 2007 -002 Conditions in bold - italics are project specific conditions. All others are standards conditions. Planning Department 1. The development shall be in substantial conformance with the plans stamped received October 10, 2007. 2. The total gross floor area for the entire office development shall not exceed 64,973 square feet 3. A minimum of 326 parking spaces, 222 surface parking spaces and 104 spaces with the parking garage shall be provided at all times. 4. A minimum 6- foot -high, slump -stone block wall shall be constructed along the north, south and east property lines. The block wall footings shall be eccentric (`2" shape) where they will not encroach onto the adjacent properties. 5. These approvals shall expire unless exercised within 24 months from the end of the appeal period as specified in Section 20.91.050 of the Newport Beach Municipal Code. 6. Two new trash enclosures shall be constructed for the proposed development. All storage of cartons, containers and trash, along with ground mounted mechanical equipment, shall be enclosed by a building or by a wall not less than 6 feet in height No such structure shall be located within 10 feet of any property line abutting the REQ District. If unroofed, no such structure shall be located with 40 feet of any property line abutting the REQ District and no closer than 10 feet from any side property line abutting the BP District 7. Any change in development characteristics and /or density of the office development, shall require amendment to this use permit or the processing of a new Use Permit. 8. To the fullest extent permitted by law, the 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, City of Newport Beach Planning Commission Resolution No. _ Page 8 of 11 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 use permit; and /or the City's related California Environmental Quality Act determinations. 9. The applicant shall submit a detailed landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site planting areas. These plans shall incorporate the landscape guidelines for Business Park in accordance to Section 20.44.020.0 of the Zoning Code, and the plans shall be approved by the Planning Director prior to the issuance of a building permit All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. 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. 10. All landscape materials and landscaped areas shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 11. 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. All exterior lighting fixtures shall have zero cut -off fixtures and light standards for the parking lot shall not exceed 20 feet in height. Light standards for exterior walkways shall not exceed 10 feet in height. Other exterior light sources shall be no higher than 4 feet. 12. The proposed development shall be subject to all applicable transportation demand management requirements such as the provisions of carpool parking, bicycle lockers, vanpool accessibility, lockers and showers, etc. The applicant may have the option of deleting or modifying any or all of the site development requirements if equivalent facilities or measures are provided. The applicant shall demonstrate the equivalency of the proposed measures to the satisfaction of the Traffic Engineer prior to the Issuance of certificate of occupancy. a5 City of Newport Beach Planning Commission Resolution No. Paqe 9 of 11 Public Works Department 13. A construction and parking management plan shall be prepared, reviewed and approved by the Public Works Department, prior to the issuance of building permit. 14. The proposed project shall comply with the City's sight distance standard STD- 110-L. All planting within the limited use area shall be limited to 24 inches in height. All walls or other obstructions shall be limited to 30 inches in height. 15. Parking layout shall be per City standard STD - 805 -L -A and STD - 805 -L -B. Drive aisle adjacent to 90 degree parking stalls shall be 2 6-foot wide minimum. 141 The drop -off area shall be designated as one -way. The project shall provide prominent pavement markings and signage to discourage wrong -way travel. 17. Both access points to Birch Street shall be installed with a stop sign. 18. A parcel Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83) and shall include the required variable width dedication for public street and utilities purposes along the Birch Street frontage. 19. Prior to Map recordation, 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 the Orange County Subdivision Code and the Orange County Subdivision Manual. 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. 20. Prior to Map recordation, 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 the Orange County Subdivision Code and the Orange County Subdivision Manual. 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. 21. If it is desired to record the Map or obtain a building permit prior to completion of the public improvements, the applicant will provide the City through the Public Works Department with either a refundable deposit or Materials /Labor /Performance bonds to guarantee satisfactory completion of the required public improvements. 22. The City of Newport Beach requires all new development and significant redevelopment projects to prepare and submit a Water Quality Management Plan (WQMP) to the City for review and approval. Prior to issuance of grading or building permits, the project a� City of Newport Beach Planning Commission Resolution No. Paae 10 of 11 applicant shall have an approved final Project WQMP. The applicant may obtain a copy of the WQMP template document from the website: www.cleanwaternewport.com. 23. All improvements shall be constructed as required by Ordinance and the Public Works Department. Additional public works improvements may be required at the time of private construction completion at the discretion of the Public Works Department. 24. A detailed on-site drainage plan shall be submitted, reviewed and approved to ensure that the storm runoff that travels down the drive ramp will be discharged in a timely manner so as to prevent the underground garage from being flooded during storm events. 25. All catch basins shall be installed with full -width antibacterial filters. 26. ADA compliant curb access ramps shall be installed at each of the proposed Birch Street driveway curb returns. Easements for street purposes may need to be recorded as a part of the parcel map to accommodate the required curb ramps. 27. The portion of the proposed southerly perimeter wall foundation system to be constructed over the existing sewer /utility easement shall be designed to support the wall in place and at the same time allow future ground excavation and the installation of underground utilities under the wall. The installation of removable wall sections or gates within the easement limits is highly recommended. The renal walYfencing design shall be reviewed and approved by Public Works Department 28. All above ground facilities, including signs, light poles and landscaping shall be located outside the sight distance planes per City standard plan STD- 110-L. 29. All utilities serving the proposed development shall be undergrounded. Building Department 30. 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. 31. Disabled parking shall be required to locate next to each elevator in the parking garage 32. The parking garage shall have a 8400t, 2 -inch clearance. 33. All elevator shafts shall maintain the required occupancy separation in the parking garage. All doors to elevator shafts shall be provided with fire and smoke protectors. al City of Newport Beach Planning Commission Resolution No. Paqe 11 of 11 Fire Department 34. All elevators shall be gumey6accommodating in accordance with Chapter 30 of the California Building Code, 2001 Edition. 35. The buildings shall be provided with Lire sprinklers. 36. Public fire hydrant shall be provided within 150 feet and shall be located on the same side as the fire department connection. 37. On -site fire hydrants shall be provided. 38. Fire sprinkler system shall be provided with flow switches and sectional valves for each building and parking structure. 39. Fire sprinkler monitoring system shall be provided separately for each building if separate ownership or managed under an association. a`� EXHIBIT 2 LETTER TO HOLLY JARVIS (2141 MESA DRIVE) a% Holly Jarvis 2141 Mesa Drive Newport Beach, CA Converse Consulting Project Management Development Services Entitlement Processing On Aug. 30" Peter Buffa and I met with you to presentthe report from our Arborist, 1-5A. This report states that there are several trees within 3 feet of the common property line with a branch canopy that extends approximately 30 feet into the Newport Executive Court property and a root system that may extend 60 feet or more into the property. The report also states that; The trenching of the property line footing and the grading of the site will likely require the removal of many roots from approximately half of the root zone. Dependent upon the size and the quantity of the roots removed, the stability of the trees themselves could be reduced to dangerous levels due to the reduced anchoring. The parking area adjacent to your property slopes down from the back of the site toward Birch St. The final grades will vary between 18 inches and 2 feet below your property. In order to provide a stable base for the drive lanes and parking areas the excavation and recompaction will need to extend approximately 2 feet below the final grade of the parking areas. This will require that the excavation will extend 3-4 feet below existing grades. The Developers are proposing to remove the Ficus trees and replace them with new trees. You requested that we return with a specific proposal. On Sept. 25'" Peter and I presented the Landscape plan that proposes to install 6 -48" box trees. The proposed tree is the same as the property line trees that will be planted on the Newport Executive Court property (Brisbane Box). We also provided graphic elevations that depicted the installation, 5 -year and full maturity images. Newport Executive Court is willing to fund these replacement trees. During this meeting you questioned the following issues; There is a small structure adjacent to the property line; the trees need to be shifted slightly to accommodate this building. You were also concerned about the excavation impacting the stability of your building which is 5 Y2 feet from the property line. The contractor will provide soil stabilization techniques to prevent any potential erosion of your property. Jc) The masonry wall will be constructed only on the Newport Executive Court Property. The footings for this wall will be eccentric footings and will not encroach onto your property. This wall will be constructed as soon as the rough grading Is completed. You also mentioned that your property drains toward the Newport Executive Court site. We will study the drainage pattern with our Civil Engineer and provide drainage holes in the property line wall if necessary. I have attached photos of the Brisbane Box trees which are located in the sidewalk streetscape along Mesa and Acacia. We will provide you references for nurseries that have 48" box trees for your viewing. Thank you for your assistance in resolving these issues. Please review the attached information and provide your acceptance of our proposal to replace the Ficus trees with 6- Brisbane Box trees. Regards, David Converse Cc: Rosalinh Ung Rick Dayton Peter Buffa Attachments LSA Letter, Aug. 24, 2007 Civil Plan with exist. tree locations and barn Landscape Plan with proposed tree locations Reference photos of Brisbane Box trees. 3� EXHIBIT 3 SAH -PAC LETTER S3 Date: 07109107 Rosatinh Ung Staff Planner, City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA2 -0048 (949) 644 -3206 fax: (949) 644 -3229 RE: CNB UP2006 -039 Newport Executive Court at 20372 Birch Street Third review Dear Rosalfnh: The PAC Development Subcommittee has reviewed the third submittal package proposing the construction of four (4) 2-story medical buildings over a parking garage level on a currently vacant tot. The committee eras pleased to see that the amount of glass on the elevation facing Birch Street has been reduced, and that the street elevation is considerably more interesting. PAC was also pleased with the revised color palette that uses 'warmer tones. The only remaining concerns that the Development Subcommittee would like the proposed project to address are the following: 1. There are several very mature (>50 years old) ficus trees on the property of 2141 Mesa Drive near the location of the proposed property line masonry wall. PAC requests assurance from the applicant to the property owner, Holly Jarvis, that these trees "it be protected in place when the new property line wall is built. 2. PAC requests that the Landscape Architect for this project coordinate the landscaping immediately adjacent to the View Park with the proposed landscaping for the park. Dave Pederson is the Landscape Architect for the park project. Specifically, the property line wall for the new project is shown on the landscape and civil plans extending Into the park, The wall needs to terminate at the property line where the property line jogs to the north. PAC recommends approval of this project. Thank you for the opportunity to review the third submittal of this project. Sincerely, Richard A. Dayton PAC Development Committee Chairman (949) 645.1717 fax: (949)645-4243 cc. PAC Committee Barbara Venezia. PAC Chairman Dave Kiff, City of Newport Beach Assistant City Manager Mark Esslinger, County of Orange Holly Jarvis, property owner a12141 Mesa Drive Dave Pederson, Landscape Architect 3A EXHIBIT 4 DRAFT INITIAL STU DYM EGATIVE DECLARATION' 'Distributed separately due to bulk. The entire document is available in Planning Department 35 EXHIBIT 5 PROJECT PLANS 31 O LL s 9 S J ti s S Lu � gg pp m i 9 �� i [3e 9 ai 53i i ii t9:3 H ce LAJ O° V N U W O X U W ad 0 3 zI e � �a '94a a 60''yF Y•m �$B c ".d � °aa �pgg�� 3 ! �'� '' q p 1 t4`L `P �dRR °�9 •VII iu •Ld �9u a r� PY� A qq) O �b 3ekl�a.sc6 $9?aiS g3Y�t q�YL21fU q qa� y2 'p nr� Y� 1yJ Lai a ��]]a L�J$ ti 0 m N p 0 O z z O n z Cd O LL. J V S W fG 0 W z m OlU � V m 2 Z LA- 0 4 U 51 ti � gg H ce LAJ O° V N U W O X U W ad 0 3 zI e � �a '94a a 60''yF Y•m �$B c ".d � °aa �pgg�� 3 ! �'� '' q p 1 t4`L `P �dRR °�9 •VII iu •Ld �9u a r� PY� A qq) O �b 3ekl�a.sc6 $9?aiS g3Y�t q�YL21fU q qa� y2 'p nr� Y� 1yJ Lai a ��]]a L�J$ ti 0 m N p 0 O z z O n z Cd O LL. J V S W fG 0 W z m OlU � V m 2 Z LA- 0 4 U 51 I• i Q I Q saitaadOW -s z�, ^ { - ............ Ud Sy I _ -..- -- N LL � LL I -1W i 1 _ ZR'ryN ZR'N 6- _p_ r_ -- ONO O N N �� 60 i Lu _u� g IO oG '!w Al- a� „W 2x m a x. i T O n, 0 z 04 0 MM < 0 u A co Vul 0 CL 0 II II it I ,I I' II I I it ! ii t II i I I ti( I c Im p SI f lu- O i Ul t' IJ _.l__.. I ;I I I I I >I AI I AI I • /� 1 "co- :LL _ .I +� o I � i I I it I I li I 1! I; II I I II I! I it I I 11 • li II I I II it !! ZI K a BE Z H ce D J O V LLJ fj3 p� w o LL X '3. 3 LL •A4 2O n� Z I U J J r V V X W 3 ZI K a BE Z J fj3 '3. 3 •A4 n� I ?i: I I xl III II I I I P I � i ! I i ! I i u I; n II II i 4 II ! I I ! I I I II I I it I! I Cie Z) O 5 `-1 > O 0 V w z W F- H Ce 0 w Z U J 'C O U 2 W 'C N Z C I I $g g I 'y^ ®g E' I r Q A °. Q V � It A m ;Iq i ZI zip w Z a + cog. i II mjrn .� I �'i ei ii�pp i UJ. I A Z ! c! J i - 00 c0 u I : tl I I! I! II II I I I I I I 'I i Cie Z) O 5 `-1 > O 0 V w z W F- H Ce 0 w Z U J 'C O U 2 W 'C N Z ;5 a A3 C I $g g ? � J 'y^ ®g E' I r Q °. Q V � It A m W C$5E 3 O w Z ;5 a A3 it li II i II I II I it od, Z) 0 F— X F- ce 0 Z O X uj r Z Rft� O 01 ca ail as04 i&. Oq cc) \ \\ { « �z �. \! \\ \ �). �i �«.... \ I ^\ (�. }/[ \ I!_z- { � \ :2 � . ,.. i \ ) �? � ] \ i , \. ! \ « � n } § all ()} @a m I� : � \ «® y « �z �. \! \\ \ �). �i �«.... \ I ^\ (�. }/[ \ I!_z- { � \ :2 � . ,.. i \ ) �? � ] \ i , \. ! \ « � n } § all ()} @a m 0 Q } LU \ �� / � 2 m §\ / \ k / ) 3 ± 2 !! » !{� \ \ Z 4 0 Q } LU \ �� I EE ygyk Hi w1nRnPRR D 0 U Lu o > D Q) LLJ O LLJ 0 CL LLJ Z t: Z Rnil fz fz. Cie 0 Q) L mill 00 I I-- 0 o U UJ 0 U.J Z tZ Ltj III O Cie 0 LU LU Z I O Ulm .4 1 ell sN t. 11 till Ill O(D(Do Em 0 C) @ 0 0- z 0 O ell z 0 U- as s PEA ^r 1 @�. — °4 Pi�•� RI Rp l I 1 8 � - R l a r� Igo 133a1S1 H3819 I S 9 •Y� as pp e. xYn f yy spa �ggft sfp�ff 51 TENTATIVE PARCEL MAP N0. 2006 -298 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA %JNG A SUBDNOON OF A POR ION OF LOTS 99. 125. 126 MID I27 OF TRACT NO. 706. AS SHOWN ON ME RAP FILED M BOOK 21, PAGE 25 Of NISCEILINEOUS MM8 IN ME OFFICE OF ME COUNTY RECORDER OF ORANGE COUNTY. WALDEN & ASSOCIATES JEFFREY A. WALDEN, P.LS. 7914 DECEMBER 2006 E IXENj NOTES .Nmi ]SGESSDRS FA l NWBCRS: f]9- ]BI -i6 & JD O FORAM IN FAS4MEM MR STREET RIDM OF WAY, PIPE TIM$ MOM N , IFIEBWAN 00 -JU-W' O]• 10. 26 & z] AND KWER UNEB RESERVED AMR ME RAN VABAN] ML ME BRool BMpFMD W.M W:COV OR MDR REURTDS N BE O�OC. l0e BY MA 4PM/,N =ION IkOxDfM).E FASFMQIT N1MN uAP Rouw QB ND1.',A]EB PN FISEILIIT FOR SIREES. ALIT'; PIPE UNM ELECIRM Mx R. JGW. RECORD OW. SUEOMOER: Uep TELEPHONE W S MD EIECIRIC PAILNAYS AS RfSFAYED B! ]RF pWMN1EE Np LRUET LL]14M 112 xFMOR! fjI,FTp X IXECMYE CORRT. LLG A ..DER: p li]T CONPANY IN ME CEM RECORDED JULY 2], 929 FI BROR 267. PILE 147 OFPCW. RENRDG. • GW 4I NV. K. F LVBYIE C04P,HY I ", mM ♦ 4VI4120 BIRCH .SHINTY 110 0A1PAAT M.. Bo]ES 2652 ARE Rp.. SURE B .2 W N.10' IB,NF (PORTCN GF FASEMEM HRMIR MIP BdAOMY 10 BE WRCWNO BY SEPNUTF WgMFNT) NEWPORT FACH, W 92660 NMPOM BUf.N, CA 92660 (9W) 880 0110 I.Cp' ID AN © NDM PER M F MENT FOR PUBLIC URIIOE6 W FAWR OF sommi LWFORNN ENMN OYIa56 (9K) B52 -IbS N SY1z5V C IS.BS' oRo 9CNC'1'�60' Cf 4922 d N l \ E IXENj NOTES .Nmi ]SGESSDRS FA l NWBCRS: f]9- ]BI -i6 & JD O FORAM IN FAS4MEM MR STREET RIDM OF WAY, PIPE TIM$ MOM N , IFIEBWAN 00 -JU-W' O]• 10. 26 & z] AND KWER UNEB RESERVED AMR ME RAN VABAN] ML ME BRool BMpFMD W.M W:COV OR MDR REURTDS N BE O�OC. l0e BY MA 4PM/,N =ION IkOxDfM).E FASFMQIT N1MN uAP Rouw QB ND1.',A]EB PN FISEILIIT FOR SIREES. ALIT'; PIPE UNM ELECIRM Mx R. JGW. TABLE NNE i I p;LTA TELEPHONE W S MD EIECIRIC PAILNAYS AS RfSFAYED B! ]RF pWMN1EE Np LRUET LL]14M UIE BEMINp EBSMNCE li]T CONPANY IN ME CEM RECORDED JULY 2], 929 FI BROR 267. PILE 147 OFPCW. RENRDG. OB.19.OS EI H DI'3]'DT N N.10' IB,NF (PORTCN GF FASEMEM HRMIR MIP BdAOMY 10 BE WRCWNO BY SEPNUTF WgMFNT) U H O1'SP N I.Cp' © NDM PER M F MENT FOR PUBLIC URIIOE6 W FAWR OF sommi LWFORNN ENMN OYIa56 L6 N SY1z5V C IS.BS' oRo C04PAM' RECORDER %1MMSER 3, 1956 M B 2560. PAGE W CF]ICM. RECORD& Cf 4922 d N (EASEMENT N BE WR IAEO BY EEPMATE L UMENT)F IS N 2506'5; N ILP OD INDEARES M WENEN[ FOR NAPE. C9.WNC AND dW WLE PIdPoGES " [ R OF ME CWNIY OF ORPNFE R.E. I. 15. 1990 AS INSTRUMFN] NJ. I.N.1077 OMO& REWROS O i0 BE EB AN EDEME T FOR E YOIyU RPOEM IN F o OF WM6 MOA B.W FERVOR © IN0ttY.25 . IO eE D[pGiEO TO ME R[A OF NEWPORT B'NCN PER .13 FlML WP. ;1131^ TABLE CUM I p;LTA 1. LL]14M C] OI'241 f 641. li]T ;3 OB.19.OS 6W.W 6.SV ;f IB,NF ;6 OYIa56 6aW b12' LOT OB O: 'I " LOT S ROPO$tD ... PROPOSEO 3U)LDIN$ a : t3U1LDING_ Lf]T �B _ _ . , . LOT i69 F F LOT, iBO u '' x k92Y'fY'A� ' •f]e.]6• .. . ��lLOT ffi8 . LOT._XLd � LOT 151 Addendum to Item #4 City of Newport Beach Planning Commission Resolution No. _ Page 7 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2006 -039, TRAFFIC STUDY NO. 2006 -003, AND TENTATIVE PARCEL MAP NO. 2007 -002 Conditions in bolditalics are project specific conditions. All others are standards conditions. Planning Department 1. The development shall be in substantial conformance with the plans stamped received October 10, 2007. 2. The total gross floor area for the entire office development shall not exceed 64,973 square feet. 3. A minimum of 326 parking spaces, 222 surface parking spaces and 104 spaces with the parking garage shall be provided at all times. 4. A minimum 6-foot-high, slump -stone block wall shall be constructed along the north, south and east property lines. The block wall footings shall be eccentric ( "L" shaped) where they will not encroach onto the adjacent properties. 5. These approvals shall expire unless exercised within 24 months from the end of the appeal period as specified in Section 20.91.050 of the Newport Beach Municipal Code. 6. Two new trash enclosures shall be constructed for the proposed development. All storage of cartons, containers and trash, along with ground mounted mechanical equipment, shall be enclosed by a building or by a wall not less than 6 feet in height. No such structure shall be located within 10 feet of any property line abutting the REQ District. If unroofed, no such structure shall be located with 40 feet of any property line abutting the REQ District and no closer than 10 feet from any side property line abutting the BP District. 7. Any change in development characteristics and /or density of the office development, shall require amendment to this use permit or the processing of a new Use Permit. 8. To the fullest extent permitted by law, the 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, City of Newport Beach Planning Commission Resolution No. Page 8 of 12 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 use permit; and /or the City's related California Environmental Quality Act determinations. 9. The applicant shall submit a detailed landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site planting areas. These plans shall incorporate the landscape guidelines for Business Park in accordance to Section 20.44.020.0 of the Zoning Code, for the irrigation system, and the plans shall be approved by the Planning Director prior to the issuance of a building permit All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. 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. 10. All landscape materials and landscaped areas shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 11. 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. All exterior lighting fixtures shall have zero cut -off fixtures and light standards for the parking lot shall not exceed 20 feet in height. Light standards for exterior walkways shall not exceed 10 feet in height. Other exterior light sources shall be no higher than 4 feet. 12 The proposed development shall be subject to all applicable transportation demand management requirements such as the provisions of carpool parking, bicycle lockers, vanpool accessibility, lockers and showers, etc. The applicant may have the option of deleting or modifying any or all of the site development requirements if equivalent facilities or measures are provided. The applicant shall demonstrate the equivalency of the proposed measures to the satisfaction of the Traffic Engineer prior to the issuance of certificate of occupancy. City of Newport Beach Planning Commission Resolution No. _ Page 9 of 12 Public Works Department 13. A construction and parking management plan shall be prepared, reviewed and approved by the Public Works Department, prior to the issuance of building permit. 14. The proposed project shall comply with the City's sight distance standard STD- 110-L. All planting within the limited use area shall be limited to 24 inches in height. All walls or other obstructions shall be limited to 30 inches in height. 15. Parking layout shall be per City standard STD - 805 -L -A and STD - 805 -L -B. Drive aisle adjacent to 90 degree parking stalls shall be 26400t wide minimum. 16. The drop -off area shall be designated as one -way. The project shall provide prominent pavement markings and signage to discourage wrong -way travel. 17. Both access points to Birch Street shall be installed with a stop sign. 18. A parcel Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83) and shall include the required variable width dedication for public street and utilities purposes along the Birch Street frontage. 19. Prior to Map recordation, 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 the Orange County Subdivision Code and the Orange County Subdivision Manual. 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. 20. Prior to Map recordation, 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 the Orange County Subdivision Code and the Orange County Subdivision Manual. Monuments (one inch iron pipe with tag) shall be set On Each Lot Comer unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 21. If it is desired to record the Map or obtain a building permit prior to completion of the public improvements, the applicant will provide the City through the Public Works Department with either a refundable deposit or Materials /Labor /Performance bonds to guarantee satisfactory completion of the required public improvements. City of Newport Beach Planning Commission Resolution No. _ Paae 10 of 12 22. The City of Newport Beach requires all new development and significant redevelopment projects to prepare and submit a Water Quality Management Plan (WQMP) to the City for review and approval. Prior to issuance of grading or building permits, the project applicant shall have an approved final Project WQMP. The applicant may obtain a copy of the WQMP template document from the website: www.cleanwaternewport.com. 23. All improvements shall be constructed as required by Ordinance and the Public Works Department. Additional public works improvements may be required at the time of private construction completion at the discretion of the Public Works Department. 24. A detailed on -site drainage plan shall be submitted, reviewed and approved to ensure that the storm runoff that travels down the drive ramp will be discharged in a timely manner so as to prevent the underground garage from being flooded during storm events. 25. All catch basins shall be installed with full -width antibacterial filters. 26. ADA compliant curb access ramps shall be installed at each of the proposed Birch Street driveway curb returns. Easements for street purposes may need to be recorded as a part of the parcel map to accommodate the required curb ramps. 27. The portion of the proposed southerly perimeter wall foundation system to be constructed over the existing sewer /utility easement shall be designed to support the wall in place and at the same time allow future ground excavation and the installation of underground utilities under the wall. The installation of removable wall sections or gates within the easement limits is highly recommended. The final wall /fencing design shall be reviewed and approved by Public Works Department. 28. All above ground facilities, including signs, light poles and landscaping shall be located outside the sight distance planes per City standard plan STD - 110 -L. 29. All utilities serving the proposed development shall be undergrounded. Buildinq Department 30. 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. 31. Disabled parking shall be required to locate next to each elevator in the parking garage City of Newport Beach Planning Commission Resolution No. _ Page 11 of 11 32. The parking garage shall have a 8 -foo4 2 -inch clearance. 33. All elevator shafts shall maintain the required occupancy separation in the parking garage. All doors to elevator shafts shall be provided with fire and smoke protectors. Fire Department 34. All elevators shall be gurney- accommodating in accordance with Chapter 30 of the California Building Code, 2001 Edition. 35. The buildings shall be provided with fire sprinklers. 36 Public fire hydrant shall be provided within 150 feet and shall be located on the same side as the fire department connection. 37. On -site fire hydrants shall be provided. 38. Fire sprinkler system shall be provided with flow switches and sectional valves for each building and parking structure. 39. Fire sprinkler monitoring system shall be provided separately for each building if separate ownership or managed under an association. Added Conditions 41. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring and Reporting Program (Appendix D) of the Initial Study /Mitigated Negative Declaration No. 2007 -005, attached to the Planning Commission Resolution as Exhibit "B ". 42. The applicant shall provide and install six 48 -inch Brisbane Box trees to the adjacent residential property, located at 2141 Mesa Drive, with a cost for the removal and replacement not to exceed $10,000.00. In the event that the Brisbane Box trees are not chosen, the trees to be installed shall be sufficient number and height to provide adequate screening. The agreement by the applicant and the property owner is further described in the letter dated October 18, 2007. 43 A detailed on -site drainage plan including the effects on adjacent private properties shall be submitted, reviewed, and approved by the Building Department prior to the issuance of grading and/or building permit In the event that the adjacent residential property, located at 2141 Mesa Drive, drains onto the subject property, proper drainage shall be provided by the applicant to the satisfaction of the Building and Public Works Departments. EXHIBIT "B" Newport Executive Court Mitigation Measures City of Newport Beach VIS -1 Building materials and finishes in the exterior design of the buildings shall be built in accordance to plans and material sample board submitted to the City on June 19, 2007. VIS -2 Exterior paint colors shall adhere to the revised color palette submitted to the City on June 19, 2007 that uses "warmer" tones. VIS-3 The project applicant shall retain a certified arborist to determine project impacts to adjacent mature trees located on the property of 2141 Mesa Drive. The consulting arborist shall assess and recommend appropriate and practical approaches and methods for treatment of the mature trees located on the property of 2141 Mesa Drive in consideration of the construction of the proposed property line block wall and in consistency with the City's Tree Ordinances and Policies. VIS-4 The project Landscape Architect shall contact the Landscape Architect for the proposed Mesa Birch View Park to coordinate the on -site landscaping immediately adjacent to the park with the proposed landscaping for the park. VIS-5 The Developer shall utilize trees and landscaping to minimize the potential for glare resulting from reflective surfaces on buildings or in paved areas and to provide a sense of scale between taller structures and surrounding single -story residential or commercial facilities. AIR -1 During construction, the contractor shall use coatings and solvents (Volatile Organic Compound [VOC] architectural coatings) with a VOC content lower than required under South Coast Air Quality Management District (SCAQMD) rule 1113 which allows a VOC content of 2.08 pounds per gallon (lbs/gallon). A VOC content of 1.1 Ibs /gallon is recommended. AIR -2 Ultra low sulfur diesel fuel shall be used in all applicable construction equipment. AIR -3 Ground cover shall be replaced quickly in disturbed areas and watering for dust control shall be conducted twice daily. AIR-4 The procedures detailed in the SCAQMD's Rule 403 shall be implemented to control fugitive dust during construction as follows: Land Clearing/Earth Moving - 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 manufactures' specifications. -All other active sites shall be watered twice daily. -All grading activities shall cease during second stage smog alerts and periods of high winds (greater than 25 miles per hour) if soil is being transported offsite and cannot be controlled by watering. -All trucks hauling dirt, sand, soil, or other loose materials offsite shall be covered or wetted and shall maintain at least two feet of freeboard between the top of the load and the top of the trailer. - Portions of the construction site that remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or stabilized in a manner acceptable to the City. -All vehicles on the construction site shall travel at speeds less than 15 miles per hour. -All diesel - powered vehicles and equipment shall be properly operated and maintained. -All diesel- and gasoline - powered vehicles shall be turned off when not in use for more than five minutes. -The construction contractor shall utilize electric or natural gas - powered equipment instead of gasoline or diesel - powered engines where feasible. Paved Roads -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. - Streets shall be swept hourly when visible soil material has been carried onto adjacent public paved roads. - Construction equipment shall be visually inspected prior to leaving the site and loose dirt shall be washed off with wheel washers, as necessary. Unpaved Staging Areas or Roads -Water or non -toxic soil stabilizers shall be applied, according to manufacturers' specifications, as needed to reduce offsite transport of fugitive dust from all unpaved staging areas and unpaved road surfaces. AIR -5 An asbestos study of any structures found shall be conducted. SCAQMD's Rule 1403 - Asbestos emissions from demolition /renovation activities shall be followed for all relevant activities. BIO -1 A preconstruction survey for nesting birds shall be conducted by a qualified biologist if clearing and grubbing work is conducted within the bird nesting season (March 15 to September 15). Should active nests be found during surveys or during construction, work in the vicinity of the nest shall be halted and the California Department of Fish and Game shall be contacted. BIO -2 A preconstruction survey of the mature trees located on the property of 2141 Mesa Drive will be conducted by a certified arborist for evaluation of the trees' age, health, and consideration as either a special, problem, or other type of tree as it would relate to the City's Tree Ordinances and Policies and to the protection in place of the trees. BIO -3 The certified arborist shall provide recommendations as outlined in Mitigation Measure VIS -3. BIO-4 In cooperation with the City and PAC, coordination between the developer and property owner at 2141 Mesa Drive shall be conducted prior to construction to review the certified arborist's recommendations, obtain property owner input, and establish an approach for protection, replacement or other measures for treatment of the mature trees located along the property line. CULA Prior to the issuance of a grading permit, the Project Applicant shall submit written evidence to the satisfaction of the Director of Planning that a certified archaeologist has been retained to observe grading activities and salvage and catalogue fossils and artifacts, as necessary. The archaeologist shall be present at the pre -grade conference, shall establish procedures for archaeological resource surveillance and shall establish, in cooperation with the City, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the findings. If major archaeological resources are discovered, which require long -term halting or redirecting of grading, the archaeologist shall report such findings to the City and the Project Applicant. The archaeologist shall determine appropriate actions, in cooperation with the Project Applicant, which ensure proper exploration and /or salvage. Excavated finds shall be offered to the City, or its designee, on a first - refusal basis. The Project Applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of significance, or a museum in Orange County indicates a desire to study and /or display them at the time, in which case items shall be donated to the City, or designee. CUL- 213rior to the issuance of a grading permit, the Project Applicant shall submit written evidence to the satisfaction of the Director of Planning that a certified paleontologist has been retained to observe grading activities and salvage and catalogue fossils and artifacts as necessary. The paleontologist shall be present at the pre -grade conference, shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the City, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the findings. If major paleontological resources are discovered, which require long -term halting or redirecting of grading, the paleontologist shall report such findings to the City and the Project Applicant. The paleontologist shall determine appropriate actions, in cooperation with the Project Applicant, which ensure proper exploration and /or salvage. Excavated finds shall be offered to the City, or its designee, on a first- refusal basis. The Project Applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of special significance, or a museum in Orange County indicates a desire to study and /or display them at the time, in which case items shall be donated to the City, or designee. CUL -3In accordance with Public Resources Code 5097.94, if human remains are found, the Orange County Coroner must be notified within 24 hours of the discovery. If the coroner determines that the remains are not recent, the coroner shall notify the Native American Heritage Commission (NAHC) in Sacramento to determine the most likely descendent for the area. The designated Native American representative shall then determine in consultation with the property owner the deposition of the human remains. GEO -1 Prior to issuance of a grading permit, a qualified geotechnical engineer shall be retained by the Project Applicant to be present on the project site during excavation, grading, and general site preparation activities to monitor the implementation of the recommendations as specified in the Geotechnical Investigation (SoCalGeo, 2007). Whenever appropriate, the geotechnical engineer shall provide structure specific geologic and geotechnical recommendations which shall be documented in a report to be appended to the project's Geotechnical Investigation. GEO -2 Remedial grading shall be performed to remove potentially collapsible fill and possible fill soils from the proposed building area and replace them with compacted structural fill per the Geotechnical Investigation. The depth of overexcavation should be sufficient to remove all existing undocumented fill and possible fill soils. GEO-3 Adequate moisture content within all subgrades and new fill soils shall be maintained per the Geotechnical Investigation. Additional expansion index testing shall be conducted at the completion of rough grading to verify the expansion potential of the as- graded building pad. HAZA Should dewatering activities be necessary by the proposed project, then groundwater analyses shall be performed to determine the type and extent of hazardous materials/waste contamination, if any, that may exist in the groundwater at the proposed project site. HAZ- 2Should hazardous waste /materials be found, such as lead based paint, asbestos, traffic striping, contaminated soil, or contaminated groundwater, materials shall either be remediated within the project site or disposed off -site per applicable regulations. Hazardous waste/materials shall be reported to the City of Newport Beach Fire Department and Orange County Health Care Agency within 24 hours of discovery. HAZ- 3There is a potential for remnants of structures that are currently not apparent; therefore, if encountered during grading or excavation activities, any structures to be removed as part of the project shall be tested for, and include proper disposal of, any asbestos containing materials (ACM), mercury, and /or lead based paint prior to demolition. HAZ-4A health and safety plan, construction containment management plan, and construction contingency plan shall be developed by the contractor prior to the commencement of construction for worker safety during construction. If contamination is found, a study of the site and a health risk assessment overseen and approved by OCHCA and a qualified health risk assessor should be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. HAZ- 5Sampling and remediation of hazardous waste issues /materials (such as removal of leaking underground storage tanks and associated soil, and groundwater contamination, dewatering issues, etc.) shall be addressed in accordance with all applicable local, state, and federal guidelines and regulations, if necessary. All environmental investigations, sampling and /or remediation for the site shall be conducted under a Workplan approved and overseen by OCHCA and the City of Newport Beach Fire Department. Proper investigation, sampling and remedial actions overseen by the proper regulatory agencies, if necessary, shall be conducted at the site prior to the new development or any construction. Contaminated soil and /or groundwater shall be properly disposed of at an approved landfill. HAZ- 6Onsite soil and /or groundwater may contain pesticides, agricultural chemical, organic waste, and /or other related residue. Prior to construction, proper investigation and remedial or disposal actions (if necessary) of soil and groundwater shall be conducted under the approval and oversight of the City of Newport Beach Fire Department and OCHCA. HAZ -7Prior to issuance of a building permit, the Applicant shall file a Form 7460- 1 with the Federal Aviation Administration (FAA) and may be subject to additional conditions in order to comply with FAA regulations. WQ -7 Prior to issuance of grading permits, the Project Applicant shall develop and submit a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) to the Santa Ana RWQCB for compliance with the Statewide National Pollutant Discharge Elimination System permit for construction activity. The SWPPP shall contain Best Management Practices to be implemented during construction to minimize pollutants from stormwater runoff to receiving waters during construction. WQ -2 Prior to issuance of grading permits, the Water Quality Management Plan (February 2007) developed by Walden Associates for the proposed project shall be approved by the Building Department and Code and Water Quality Enforcement Division. The project may be subject to additional conditions as required by the City or Santa Ana RWQCB to ensure that no violations of water quality standards or waste discharge requirements occur. NOI -1 All buildings shall be equipped with air conditioning systems to ensure that windows and doors can remain closed for prolonged periods of time. NOI - 213rior to issuance of building permits, an Acoustical Analysis Report is required describing in detail the exterior noise environment and the acoustical design features incorporated into the design of the proposed project to meet the interior noise standards of the Noise Element of the General Plan. NOW The City of Newport Beach Municipal Code limits hours of construction activities to 7 AM to 6:30 PM on weekdays, 8 AM to 6 PM on Saturdays, and no time on Sundays and Federal holidays. NOI-4 Construction of the block wall planned to be constructed along the property boundary lines to separate the site from adjacent properties shall be constructed during the initial stages of construction to reduce the impacts of construction noise to the residences. Construction of the block wall or other temporary noise barriers would significantly reduce construction noise impacts at sensitive receptors. NOI-b Mufflers and other noise attenuating devices recommended by the manufacturer shall be utilized on machinery, combustion engines, or any other noise - generating device. All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. PUB -1 Prior to the issuance of building permits, the applicant shall submit site plans and engineering plans to the Newport Beach Fire Department in order to demonstrate that adequate emergency access and water supply /pressure are available to the project. PUB -2 Prior to the issuance of building permits, the applicant shall submit lighting, landscape, and site plans to the Newport Beach Police Department in order to demonstrate that employee and guest security are enhanced by site design elements. UTLA The project applicant shall submit utility improvement plans to the Irvine Ranch Water District (IRWD) and the Costa Mesa Sanitary District for review and approval. The project may be subject to additional conditions as required by IRWD and /or Costa Mesa Sanitary District in order to be compliant with system design criteria and to accommodate capacity. UTL -2 Standard water conservation measures will be implemented and the final design of any structures on the project site will provide for the incorporation of water - saving devices for the irrigation, lavatories, and other water -using facilities in accordance with applicable laws. UTL3 New landscaping shall incorporate drought - tolerant plant materials and drip irrigation systems where possible. Plants shall be grouped according to similar watering requirements to reduce excess irrigation runoff. UTL- 4Water leaving the project site due to over- irrigation of landscape shall be minimized. Once a week in conjunction with maintenance activities, the water sensors shall be checked to function properly, irrigation heads shall be properly adjusted to eliminate overspray, and irrigation timing and cycle lengths shall be verified and adjusted in accordance with water demand, season, weather, and time of day temperatures. If an accident from over- irrigation is reported, a representative from the Code of Water Quality and Enforcement Division of the City Manager's Office shall visit the location, investigate, inform the site manager, if possible, leave a note, and in some cases shut off the water. UTL -5 Watering shall be done during the early morning or evening hours to minimize evaporation (between 4:00 P.M. and 9:00 A.M. the following morning. UTL -6AII leaks shall be investigated by a representative from the Code of Water Quality Enforcement Division of the City Manager's Office and the site manager shall complete all required repairs. UTL -7 Water shall not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. Water used in this manner shall not be disposed of in the storm drains and shall be disposed of per applicable health, safety, and waste disposal regulations. UTL -8 Reclaimed water shall be used whenever available, assuming it is economically feasible. UTL -9 The underground stormwater treatment device and catch basins on the project site shall be inspected and maintained immediately prior to the fall season (October) first "first flush" storm and after all major rain events. During the rainy season, an inspection of the treatment device shall be conducted every 30 days and cleaned out when necessary. The treatment device and catch basins shall be cleaned out at the end of the rainy season. RECEIVED BY PLANNING DEPARTMENT OCT 18 2007 CITY OF NEWPORT BEACH Holly Jarvis 2141 Mesa Drive Newport Beach, CA Converse Consulting Project Management Development Services Entitlement Processing 18 October 2007 This agreement is to document the understanding between the developer of Newport Executive Court, "NEC ", and Holly and Jon Jarvis, "Jarvis ", the homeowners of 2141 Mesa Drive, Newport Beach which is one of the properties that is directly adjacent to the NEC project. The excavation of the NEC property will result in the loss of the root systems of most of the large Ficus trees on the Jarvis property along the property line. Jarvis has agreed to the removal of the Ficus trees in question along the property line. NEC has agreed to provide and install six replacement trees with a cost for removal and replacement not to exceed $10,000. The installation of the new trees will take place after the removal of the old trees, prior to the installation of the new wall, or other construction. Jarvis will be advised of the removal and installation schedule in advance. NEC has proposed the installation of six 48" box trees of the Brisbane Box variety. However, the actual trees to be installed will be at the approval of Jarvis. If the Brisbane Box is not chosen, the trees to be installed will be of sufficient number and height to affect a screen that will eventually block most of the view of the buildings, replacing the Ficus trees that presently would block the view. Additionally, NEC's contractor will provide soil stabilization techniques to prevent any potential erosion from the Jarvis property during excavation. Also, it is agreed that the masonry wall will be constructed with drainage "weep" holes in the wall line or a 12" catch basin and be piped thm the wall to the face of the NEC planter curb to avoid a drainage problem on the Jarvis property, as that portion of the Jarvis property currently drains that direction. The overall design shall be approved by the Building and Public Works Dept. This agreement will be included as part of the project's approval process through the City of Newport Beach. Regards, David Converse Newport Executive Court Project City of Newport Beach October 18,2007 Insert for. Final Initial Study and Mitigated Negative Declaration (IS/MND), September 2007 Section 3.3.1), page 3 -7 and 3 -8, is amended to read as follows: .keeeeding-to the An Air Quality Technical Memorandum (PB, 2007), was prepared to analyze the air quality impacts from the construction of the proposed nroiect, which parking The air quality analysis includes on and off road activity from construction vehicles and construction equipment and site disturbance activities. The air quality modeling assumes that the excavation would take approximatelv 26.4 days with 28.4 round trips per day The excavated material would be hauled to the nearest available site (which was assumed to be the Frank R Bowerman Landfill approximately 13 miles from the vroiect site for modeling pumoses) resulting in 738 vehicle miles traveled per day. The results of the construction- related emission analysis are summarized in Table 3 -4. Aall pollutant burdens with the exception of VOC/ROG are predicted to be below the threshold of significance level established by the SCAQMD (see Table 34). The following mitigation measure would reduce VOC/ROG burdens to below the level of significance threshold: Table 3-4 —Predicted Construction - Related Emission Burdens Pollutant (Ibs. /day) 2008 2008 Threshold (Ibs. /day) Unmitigated Mill ted VOC/ROG 116.82 69.39 75 NOx 98.41 84.65 100 CO 123.70 123.70 550 PM10/ PM2.5 6 362 24-.64 150155