HomeMy WebLinkAboutBel Mar_Mariner's Mile_CS2006-012 (PA2006-279)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
April 19, 2007
TO: PLANNING COMMISSION
FROM: Planning Department
Brandon Nichols, Associate Planner
(949) 644 -3234
bnichols@city.newport-beach.ca.us
SUBJECT: Bel Mare (Mariner's Mile Gateway), 100 -600 West Coast Highway
(PA2006 -279)
• Comprehensive Sign Program No. CS2006 -012
• Landscape Plan Review
• Substantial Conformance Determination
APPLICANT: Mariner's Mile Gateway, LLC
RECOMMENDATION
Staff recommends the Planning Commission take the following actions:
1. Adopt Resolution No. approving Comprehensive Sign Program No. CS2006 -012.
A draft resolution is attached as Exhibit 1.
2. Adopt Resolution No. finding that:
• The proposed landscape plan is in conformance with the conditions of
approval for the project and the landscape requirements of the Mariners
Mile Specific Plan and the Mariner's Mile Strategic Vision and Design
Framework.
• The proposed changes to the approved project design are in substantial
conformance with the building design approved under Development Plan
No. 2004 -001 and Use Permit No. 2004 -025.
A draft resolution is attached as Exhibit 2.
Bet Mare (PA2006 -279)
April 19, 2007
Page 2 of 10
Is
Bel Mare (PA2006 -279)
April 19, 2007
Page 3 of 10
VICINITY MAP
Comprehensive Sign Program CS2006 -012
Landscape Plan Review
Substantial Conformance Determination
PA2006 -279
Current
Development:
Commercial
To the north:
Single-family residential
To the east:
Dover Drive
To the south:
West Coast Highway
To the west:
Fast -food restaurant
A
Bel Mare (PA2006 -279)
April 19, 2007
Page 4 of 10
Background
At the January 19, 2006 meeting, the Planning Commission approved the Bel Mare
(formally, Mariners Mile Gateway) shopping center located at the northwest corner of
West Coast Highway and Dover Drive. As conditions of approval for the project, the
applicant was required to submit a Comprehensive Sign Program and a landscape plan
for review and approval by the Planning Commission (See Exhibit 3, conditions of
approval No. 19 and No. 21). The proposed Comprehensive Sign Program and
landscape plan are included as Exhibits 4 and 5.
As part of this application, the applicant is also requesting Planning Commission review
of proposed revisions to the approved building design. The revisions affect the exterior
elevations of the multi- tenant building and the distribution of tenant retail space on the
second story. The applicant contends these revisions can be found in substantial
conformance with the original building design. The applicant's project
description/justification letter is included as Exhibit 6.
Analysis
Comprehensive Sign Program
Section 20.67.120 (Comprehensive Sign Program) of the Zoning Code states:
The purpose of a Comprehensive Sign Program is to integrate all of a
project's signs, including a project identification sign with the overall site
design and the structures' design into a unified architectural statement. A
Comprehensive Sign Program provides a means for the flexible
application of sign regulations for projects that require multiple signs in
order to provide incentive and latitude in the design and display of multiple
signs and to achieve, not circumvent, the purpose of this Chapter.
To this end, Section 20.67.120 (E) requires that the proposed Comprehensive Sign
Program (the "Program ") comply with a number of standards. A general discussion of
these standards and the Program's compliance are discussed below.
1. The proposed sign program shall comply with the purpose and intent of this
Chapter [Chapter 20.67: Signs], any adopted sign design guidelines and the
overall purpose and intent of this Section [Section 20.67.120];
The Program complies with the purpose and intent of Chapter 20.67 by providing each
tenant with adequate identification without excessive proliferation of signage.
Furthermore, it preserves community appearance by regulating the type, number,
I FAA
Bel Mare (PA2006 -279)
April 19, 2007
Page 5 of 10
design and maintenance of signage. The majority of proposed signage complies with
sign square footage and sign number requirements of Chapter 20.67. Deviations to
these requirements are requested where variations in the building facade, or orientation
and/or location of the tenant frontage merit increases in sign square footage or sign
number to ensure adequate tenant identification.
2. The proposed signs shall enhance the overall development, be in harmony with,
and relate visually to other signs included in the Comprehensive Sign Program,
to the structures and /or developments they identify, and to surrounding
development when applicable;
The Program regulates sign material, type, and design to integrate and coordinate all
project signage with the overall site design and architectural theme of the project.
Furthermore, the Program requires signage design that is complementary to the
proposed structures and harmonious with the surrounding area. The project
identification signage, parking area signage and directory signs incorporate colors and
architectural stone treatments consistent with design theme of the project.
3. The sign program shall address all signs, including permanent, temporary, and
exempt signs;
The Program addresses project and tenant identification signage as well as prohibited
signs. Temporary and exempt signs not specifically addressed in the Program shall be
regulated by the provisions of Chapter 20.67.
4. The sign program shall accommodate future revisions that may be required
because of changes in use or tenants;
The Program allows for minor deviations to sign criteria subject to landlord and Planning
Director approval.
5. The program shall comply with the standards of this Chapter [Chapter 20.67],
except that deviations are allowed with regard to sign area, total number,
location, and /or height of signs to the extent that the Comprehensive Sign
Program will enhance the overall development and will more fully accomplish the
purposes and intent of this Chapter;
The Program proposes deviations from Chapter 20.67 regulations with respect to
number of signs per tenant space, maximum letter height, and total sign area per tenant
space. These deviations apply to tenant spaces where the design of the architectural
facade, location of the tenant space, or orientation of the tenant frontage merits the
deviations in order to provide adequate identification of the tenant. To this end, certain
tenant spaces are allocated more than one wall and /or awning sign where Chapter
20.67 allows a single wall or awning sign per frontage. Certain tenant spaces are also
MO
Bel Mare (PA2006 -279)
April 19, 2007
Page 6 of 10
allowed a total sign square footage that exceeds the Chapter 20.67 requirement of 1.5
square feet per lineal foot of tenant frontage. In these cases the percentage increase
does not exceed the 30% maximum allowed by Chapter 20.67. Proposed deviations are
listed in the "Comments" section of the sign matrix included in the Program.
6. Approval of a Comprehensive Sign Program shall not authorize the use of signs
prohibited by this Chapter [Chapter 20.67].
The Program does not authorize the use of signs prohibited by Chapter 20.67.
7. Review and approval of a Comprehensive Sign Program shall not consider the
signs' proposed message content.
The Program contains no regulations affecting sign message or content.
Landscape Plan
In accordance with the conditions of the approval for the project, the applicant has
prepared a landscape plan proposal for review and approval by the Planning
Commission. Conditions of approval relating to landscaping can be found in Exhibit 3. A
general discussion of the various provisions of the landscape conditions and the
project's compliance are as follows:
Show proposed materials, material colors, and details of the surface of the
retaining wall proposed along the northerly edge of the project site as well as
planting and irrigation to be included on the wall surface.
The plans contain elevations and section drawings that provide detail on the proposed
retaining wall, planting pockets incorporated into the surface of the wall, and the
proposed irrigation system incorporated into the wall design.
The plans shall incorporate drought tolerant plantings and water efficient
irrigation practices. All planting areas shall be provided with a permanent
underground automatic sprinkler irrigation system of a design suitable for the
type and arrangement of the plant materials selected. The irrigation system shall
be adjustable based upon either a signal from a satellite or an on -site moisture -
sensor.
Drought tolerant plant species were incorporated into the landscape plan and the plan
includes details regarding the permanent underground sprinkler system designed for the
project. The irrigation plan will include a rain sensor for automatic shutoff as well as a
moisture sensor.
F
Bel Mare (PA2006 -279)
April 19, 2007
Page 7 of 10
Planting areas adjacent to vehicular activity shalt be protected by a continuous
concrete curb or similar permanent barrier.
As shown on the landscape plan, concrete curbs and/or other barriers surround planting
areas adjacent to vehicular activity
• Landscaping shall be located so as not to impede vehicular sight distance to the
satisfaction of the Traffic Engineer.
The growth characteristics of the hedge species required by the Mariner's Mile Specific
Plan could result in unsafe vehicular site distances. See the section below, regarding
the 4- foot -wide planting area, for further discussion of this issue.
The proposed landscaping adjacent to the back of sidewalk shall be designed
with provisions that will prevent irrigation and/or other runoff from spilling onto the
sidewalk.
Proposed landscaping will be installed to prevent overspray onto sidewalk areas (see
Irrigation Note No. 7 on Sheet LID 1 of Exhibit 5).
Since the project is within the Mariner's Mile Overlay District, the landscape plan is also
subject to the landscaping requirements of the Mariner's Mile Specific Plan and the
Mariner's Mile Strategic Vision and the Design Framework (the "Design framework ").
The primary required landscape elements and a discussion of the plan's compliance
with these elements are outlined below.
• A 4- foot -wide planting area to accommodate a hedge and palm row at the back
of the sidewalk along the frontage of the project
The landscape plan maintains a minimum 4 -foot wide planting area, containing a hedge
palm row, at the back of the Coast Highway sidewalk. Three hedge species are
permitted by The Mariner's Mile Specific Plan and the Design Framework. The
proposed hedge species (Japanese Boxwood) is permitted. However, this hedge
species can grow to 4 to 6 -feet in height, which exceeds the maximum allowable height
(24- inches) for plantings within the vehicular sight distance areas adjacent to the project
driveways (these areas are identified on the landscape plan). It should be noted that all
of the hedge species permitted by the Specific Plan and the Design Framework can
grow to heights greater than 24- inches. It should also be noted that while specifying the
required hedge species, the Specific Plan also states that "Landscaping shall be located
so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer".
The applicant believes that the hedge can be maintained at 24- inches through periodic
pruning. However, the Traffic Engineer would prefer planting material that will not
exceed 24- inches in height at maturity. Japanese Boxwood is a slow growing plant and
0
Bel Mare (PA2006 -279)
April 19, 2007
Page 8 of 10
can be held as low as 6- inches. Therefore, staff recommends adding an additional note
to the landscape plan requiring all plant material within vehicular sight distance areas to
be maintained at a maximum height of 24- inches.
The Mariner's Mile Specific Plan and the Design Framework also specify that
Washingtonla Robusta (Mexican Fan Palm) shall be provided at a ratio of one (1) palm
per 30 feet of frontage. Based upon the project frontage (approximately 877 feet) the
project is required to provide 30 palm trees. The landscape plan provides 30 palm trees,
satisfying this requirement. The Design Framework allows grouping of palm trees and
modification of palm spacing (30 feet on center). Deviations from palm spacing exist
due to sight distance requirements, project driveways and areas that facilitate
pedestrian access to the project. However, as stated above, the Mariners Mile Specific
Plan allows deviations and requires landscaping to be located so as not to impede
vehicular sight distance. Staff believes the palm spacing can be found in conformance
with the Specific Plan and the Design Framework. The applicant has also chosen the
Washingtonia Hybrid palm rather than the Robusta. The Hybrid is a cross between the
Robusta and Filifera varietals of the Washingtonia palm. The Hybrid is virtually
indistinguishable from the Robusta, but does not grow as tall. The species was chosen
to minimize view blockage from the residential properties on the bluff above the
development. Staff believes this species is consistent with the intent of the Specific
Plan.
• Interior parking lot landscaping.
The Mariner's Mile Specific Plan and the Design Framework require shade trees to be
located in above grade parking areas at a ratio of one (1) tree per four parking spaces.
44 parking spaces are located above grade, requiring a total of 11 trees. The landscape
plan satisfies this requirement.
• Bluff landscaping incorporating plant materials from a specific palette of species.
The Mariner's Mile Specific plan and the Design Framework require the planting of Red
Bougainvillea at the toe of slope. The landscape plan incorporates this species along
the top of the proposed retaining wall, within the limit of the slope area that will be
disturbed by the project.
Substantial Conformance Determination
The applicant is proposing revisions to the approved exterior elevations of the multi -
tenant retail building. The revisions are the result of a redistribution of the second floor
retail space. The redistribution divides the second floor retail space into two distinct
areas, separated by an open public gathering space. The division of the retail space is
intended to provide a better balance to the second floor building area and accommodate
a more centralized public open space amenity for the project. The applicant is
Bel Mare (PA2006 -279)
April 19, 2007
Page 9 of 10
requesting that the Planning Commission review these revisions to determine their
substantial conformance with the approved project.
Exhibit 7 shows the approved and proposed exterior elevations and second story floor
plans. Page three (3) of the Exhibit shows the elevations and floor plans approved at
the January 19, 2006 Planning Commission meeting. Page two (2) shows the proposed
floor plan, separating the second floor building area. For comparison purposes, page
two (2) also shows the proposed elevations superimposed over the approved elevations
(the approved elevation is shown as a dashed line). For reference, the first page of the
Exhibit shows the proposed roof plan superimposed over the existing topography.
The project is within the 26/35 Foot Height Limitation Zone. Approval of the multi tenant
building required a Use Permit for portions of the second story to exceed the 26 -foot
base height limit up to a maximum height of 34 -feet, 6- inches. Approval of the Use
Permit required the Planning Commission to make certain findings relating to the
provision of public visual open space, enhancement of architectural treatment, the
creation of abrupt scale relationships, and the maximum square footage of the project.
The findings in support of the original Use Permit approval can be found in Exhibit 3.
Staff has concluded that the proposed revisions are consistent with the Use Permit
approval and that the facts in support of the required findings for the Use Permit remain
applicable to the proposed design. The proposed revisions do not add additional square
footage to the project and do not exceed the maximum building height of 34 -feet, 6-
inches established by the previous approval. Furthermore, the revisions maintain the
public visual open space of the previous design, result in a more desirable architectural
treatment of the structure, and do not result in undesirable or abrupt scale relationships.
It is therefore staff's determination that the proposed design can be found in substantial
conformance with the approved project.
Environmental
The environmental impacts of the project as a whole were analyzed under the approved
Mitigated Negative Declaration for the project. With mitigation measures and standard
conditions of approval indicated in the Initial Study and set forth in the Mitigation
Monitoring and Reporting Program included with the Mitigated Negative Declaration, all
potential impacts would be mitigated to a less than significant level.
The Comprehensive Sign Program has been reviewed, and it has been determined that it
is categorically exempt under the requirements of the California Environmental Quality Act
under Class 11 (Accessory Structures).
Conclusion
It is staffs determination that, as conditioned, the Comprehensive Sign Program is in
conformance with the requirements of the Chapter 20.67 of the Zoning Code and the
�b
Bel Mare (PA2006 -279)
April 19, 2007
Page 10 of 10
required conditions of approval for the project. Installation of individual signs for the
project will require the issuance of a building permit and each building permit will be
reviewed for compliance with the Comprehensive Sign Program.
Is also staffs determination that the landscape plan can be found in conformance with
the requirements of the Mariner's Mile Specific Plan and the Design Framework.
Staff also recommends that the proposed revisions to the project design be found in
substantial conformance with the original approval. The revisions do not affect the
approved square footage, nor do they result in a structure that exceeds the approved
height limit for the project. Furthermore, it is staffs determination that the project
revisions are consistent with the approval of Use Permit No. 2004 -025.
Prepared by:
Brandon Nichols, Associate Planner
Exhibits:
Submitted by:
D vid L o, Planning Dir for
1. Draft Resolution
2. Draft Resolution
3. Resolution 1685 (with attached conditions of approval)
4. Comprehensive Sign Program
5. Landscape Plan*
6. Applicants project description /justification letter
7. Comparison plans for substantial conformance review*
8. Correspondence Received
*Plans distributed separately due to bulk. Copies are available for review at the
Planning Department.
1k
Exhibit 1
Draft Resolution of
Approval
0
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING COMPREHENSIVE SIGN PROGRAM NO.
CS2006 -012 FOR PROPERTY LOCATED AT 100 -600 W. COAST HIGHWAY
(PA2006 -279).
WHEREAS, an application was filed by Mariners Mile, LLC, with respect to property
located at 100 -600 W. Coast Highway and legally described as Lots 1 -17, inclusive of Tract
1210 as shown on a Map recorded in book 40, pages 45 and 46, requesting approval of a
Comprehensive Sign Program for tenant and project identification signage; and
WHEREAS, on April 19, 2007, the Planning Commission held a noticed public hearing
in the City Council Chambers, 3300 Newport Boulevard, Newport Beach, California at which
time the Planning Commission considered the Comprehensive Sign Program and received
comments from the public. 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, Chapter 20.67 of the Newport Beach Municipal Code requires approval of
a Comprehensive Sign Program for the multi - tenant commercial project; and
WHEREAS, Section 20.67.120 (E) of the Newport Beach Municipal Code requires all
Comprehensive Sign Programs to comply with certain standards, which are as follows:
1. The proposed sign program shall comply with the purpose and intent of this Chapter
the [Chapter 20.67: Signs], any adopted sign design guidelines and the overall
purpose and intent of this Section [Section 20.67.1201;
The Program complies with the purpose and intent of Chapter 20.67 by providing each tenant
with adequate identification without excessive proliferation of signage. Furthermore, it
preserves community appearance by regulating the type, number, design and maintenance
of signage. The majority of proposed signage complies with size and number requirements of
Chapter 20.67. Deviations are requested where variations in the building fagade, or
orientation and /or location of the tenant frontage merit increases in sign square footage or
number to ensure proper tenant identification.
2. The proposed signs shall enhance the overall development, be in harmony with, and
relate visually to other signs included in the Comprehensive Sign Program, to the
structures and /or developments they identify, and to surrounding development when
applicable;
The Program regulates sign material, type, and design to integrate and coordinate all project
signage with the overall site design and architectural theme of the project. Furthermore, the
Program requires signage design that is complementary to the proposed structures and
harmonious with the surrounding area. To this end, project identification signage, parking
area signage and directory signs incorporate colors and architectural stone treatments
consistent with design theme of the project.
l�
Planning Commission Resolution No.
3. The sign program shall address all signs, including permanent temporary, and exempt
signs;
The Program addresses project and tenant identification signage as well as prohibited signs.
Temporary and exempt signs not specifically addressed in the Program shall be regulated by
the provisions of Chapter 20.67.
4. The sign program shall accommodate future revisions that may be required because
of changes in use or tenants,
The Program allows for minor deviations to sign criteria subject to landlord and Planning
Director approval.
5. The program shag comply with the standards of this Chapter [Chapter 20.67], except
that deviations are allowed with regard to sign area, total number, location, and /or
height of signs to the extent that the Comprehensive Sign Program will enhance the
overall development and will more fully accomplish the purposes and intent of this
Chapter;
The Program proposes deviations from the City's sign code Chapter 20.67 regulations with
respect to number of signs per tenant space, maximum letter height, and total sign area per
tenant space. These deviations apply to tenant spaces where the design of the architectural
facade, location of the tenant space, or orientation of the tenant frontage merits the
deviations in order to provide adequate identification of the tenant. To this end, certain tenant
spaces are allocated more than one wall and/or awning sign where Chapter 20.67 allows a
single wall or awning sign per frontage. Certain tenant spaces are also allowed a total sign
square footage that exceeds the Chapter 20.67 requirement of 1.5 square feet per lineal foot
of tenant frontage. In these cases the percentage increase does not exceed the 30%
maximum allowed by Chapter 20.67. Proposed deviations are listed in the "Comments"
section of the sign matrix included in the Program.
6. Approval of a Comprehensive Sign Program shall not authorize the use of signs
prohibited by the Sign Code this Chapter [Chapter 20.67].
The Program does not authorize the use of signs prohibited by Chapter 20.67.
7. Review and approval of a Comprehensive Sign Program shalt not consider the signs'
proposed message content.
The Program contains no regulations affecting sign message or content.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. Based upon the aforementioned standards, the Planning Commission
hereby approves Comprehensive Sign Program No. CS2006 -012.
15
ADOPTED THIS le DAY OF APRIL 2007.
BY:
Jeffrey Cole, Chairman
BY:
Robert Hawkins, Secretary
AYES:
ABSENT:
Planning Commission Resolution No.
Nl°
Exhibit 2
Draft Resolution of
Approval
lI
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING THE LANDSCAPE PLAN FOR THE BEL
MARE SHOPPING CENTER LOCATED AT 100 -600 W. COAST HIGHWAY
AND FINDING CHANGES IN THE DESIGN OF THE MULTI- TENANT
BUILDING IN SUBSTANTIAL CONFORMANCE WITH THE PROJECT DESIGN
APPROVED BY DEVELOPMENT PLAN NO. 2004 -001 AND USE PERMIT
2004 -005 (PA2004 -141)
WHEREAS, on January 19, 2006 the Planning Commission approved Development
Plan 2004 -001 and Use Permit 2004 -001 to permit development of the Bet Mare (formally,
Mariner's Mile Gateway) shopping center located at 100 -600 W. Coast Highway; and
WHEREAS in compliance with Condition No. 21 of the approval, Mariners Mile
Gateway, LLC has submitted a landscape plan for review and approval by the Planning
Commission; and
WHEREAS Mariners Mile Gateway, LLC has proposed revisions to the approved
project design that affect the elevations and distribution of second floor square footage for the
multi - tenant building; and
WHEREAS, on April 19, 2007, the Planning Commission held a noticed public hearing
in the City Council Chambers, 3300 Newport Boulevard, Newport Beach, California at which
time the Planning Commission considered the proposed landscape plan and revised project
design and received comments from the public. 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, the Planning Commission has reviewed the landscape plan and finds that
the landscaping plan, including minor deviations with respect to palm spacing and palm
species, is in conformance with the condition and the landscaping requirements of the
Mariners Mile Specific Plan and the Mariner's Mile Strategic Vision and Design Framework;
and
WHEREAS, the Planning Commission finds that the required landscaping within sight
distance areas will be consistent with the requirements of the Mariners Mile Specific plan if it
is maintained at a maximum height of 24- inches; and
WHEREAS, the initial project design required approval of Use Permit No. 2004 -025 to
exceed the height limit for the zone, and said use permit allowed a maximum height of 34-
feet, six- inches for the multi- tenant building; and
WHEREAS, the proposed revisions to the project design do not increase the square
footage of the project or exceed the 34 -foot, 6 -inch height limit approved Use Permit No.
2004 -025; and
WHEREAS, the proposed revisions to the project design are consistent with the Use
Permit approval and that the facts in support of the required findings for Use Permit No.
2004 -025 remain applicable to the proposed design.
k�
Planning Commission Resolution No.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. Consistent with Condition No. 21 of the project approval, and based upon
the landscaping requirements of the Mariners Mile Specific Plan and the Mariner's Mile
Strategic Vision and Design Framework the Planning Commission hereby approves the
landscape plan for the Bel Mare Shopping Center
Section 2. The Planning Commission finds the proposed revisions to the project
design in substantial conformance with the project approved by Development Plan No. 2004-
001 and Use Permit No. 2004 -025
ADOPTED THIS le DAY OF JANUARY 2006.
Aa
Jeffrey Cole, Chairman
F-W
Robert Hawkins, Secretary
V
NOES:
ABSENT:
1`�
Exhibit 3
Resolution 1685
a
RESOLUTION NO. 1685
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING DEVELOPMENT PLAN NO. 2004.001, USE
PERMIT NO. 2004 -025 AND MODIFICATION PERMIT NO. 2005 -117 FOR
PROPERTY LOCATED AT 100 -600 W. COAST HIGHWAY (PA2004 -141).
WHEREAS, an application was filed by Mariner's Mile, LLC, with respect to property
located at 100 -600 W. Coast Highway and legally described as Lots 1 -17, inclusive of Tract
1210 as shown on a Map recorded in book 40, pages 45 and 46, requesting approval of a
Development Plan for the construction of a 56,000 square -foot retail center, a Use Permit to
establish building heights in accordance with Section 20.65.055 of the Municipal Code and a
Modification Permit to allow reduction of the required setback abutting a residential district
and to allow reduction of the minimum required width of the landscape planter along Coast
Highway.
WHEREAS, on December 8, 2005, and on January 19, 2006, the Planning
Commission held a noticed public hearing in the City Council Chambers, 3300 Newport
Boulevard, Newport Beach, California at which time the Planning Commission considered the
Mitigated Negative Declaration prepared for this project, the Mitigation Monitoring and
Reporting Program, and comments received on the Mitigated Negative Declaration together
with responses to those comments, and considered the Development Plan, Use Permit, and
Modification Permit, and received comments from the public. 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. The public hearing was
continued until January 5, 2006, at which time the applications were again considered and
comment from the public was received.
WHEREAS, the subject property is located within the Mariner's Mile Overlay District
which requires approval of a Development Plan for the proposed project.
WHEREAS, approval of the Development Plan requires findings by the Planning
Commission that the proposed project is consistent with the design policies of the Mariner's
Mile Strategic Vision and Design Framework, which findings consistent with Zoning Code
Section 20.57.050 are as follow:
Finding:
1. To assure that development of properties in Mariner's Mile Overlay Area will not
preclude attainment of the General Plan objectives and policies.
Facts in Support of Finding:
The proposed project is located on property designated Retail and Service Commercial in the
Land Use Element of the General Plan, which allows retail uses and shopping centers. The
proposed development will not preclude attainment of the General Plan objectives and
policies and, specifically, Policy D of the Land Use Element in that the face of the slope that
extends onto the project site that is proposed to be excavated to create the building pad has
been graded over the years to accommodate development of the Coast Highway corridor.
Planning Commission Resolution No. 1685
Additionally, the plateau above has also been altered during the development of the homes
above. The significant alteration of the landform is such that it is no longer a unique natural
resource or natural land form within the meaning of Policy D. Even though the coastal bluff
has been altered and is not in its natural state, it is not practical to reduce alteration of the
landform below that proposed by the applicant while attempting to achieve other goals and
objectives contained within the General Plan and Zoning Ordinance. Specifically, the Land
Use Element and Zoning Code both permit up to a 0.5 floor area ratio for retail
development. This floor area ratio is a maximum limit for retail development, achieving this
intensity level while providing parking and complying with other development standards
necessitates alteration of the bluff due to the shallow depth of the property. This circumstance
is exacerbated by the need to widen Coast Highway that is a stated goal of the Circulation
Element of the General Plan. As such, excavation for the project as proposed will not
preclude attainment of Policy D.
Finding:
2. To protect and preserve the value of properties and to encourage high quality
development thereof in Mariner's Mile Overlay Area where adverse effects could result
from inadequate and poorly planned development and from failure to preserve where
feasible natural landscape features, open spaces, and the like, and will result in the
impairment of the benefits of occupancy and use of existing properties in such area.
Facts in Support of Finding:
The configuration of the site plan, the traditional architectural character of proposed
buildings incorporating curvilinear accent walls, varied rooflines and heights, stone
veneer exterior wall surfaces, and varied complementary exterior wall surfaces and
colors are consistent with the highest quality of physical improvements in the City and,
as such, will not result in the impairment of the benefits of occupancy and use of
existing properties in the area. Consistent with recommendations for the Coast
Highway corridor set forth in Mariner's Mile Strategic Vision and Design Framework,
the proposed development results in consolidation of lots, elimination of curb cuts,
planted median dividers in Coast Highway if approved by Caltrans, and will include the
addition of a traffic signal that will improve access to businesses and promote
pedestrian safety. As a condition of project approval, the project landscape plan must
be consistent with the Coast Highway Edge Landscape illustrated in the Framework
and is subject to Planning Commission review and approval. A sign program will be
submitted by the applicant for review and approval by the Planning Commission to
ensure consistency with Signage Objectives identified in the Framework.
Development of the site as proposed will not result in degradation of natural landscape
features or reduction in open space since the project site is currently developed and
has experienced significant grading including substantial cuts into the face of the slope
that extends onto the property such that the slope is manufactured and not a natural
landscape feature.
Finding:
a-
Planning Commission Resolution No. 1685
3. To ensure that the public benefits derived from expenditures of public funds for
improvement and beautification of streets and public facilities within Mariner's Mile
Overlay Area shall be protected by the exercise of reasonable controls over the layout
and site location characteristics of private buildings, structures and open spaces.
Facts in Support of Finding:
The only public expenditures are those associated with the existing abutting right of
way. The project includes a widening of the highway and a new signalized intersection
that will not impact these expenditures as the proposed improvements have been
designed to accommodate existing and project related traffic in a safe manner.
Finding:
4. To promote the maintenance of superior site location characteristics adjoining Coast
Highway, a thoroughfare of city wide importance, to ensure that the community
benefits from the natural terrain, harbor and ocean, and to preserve and stabilize the
grounds adjoining said thoroughfare, and to preserve and protect the property values
in said areas.
Facts in Support of Finding:
The proposed project allows a wider visual corridor from the public street across the
comer of the site to the bay. In addition, the project includes a right -of -way dedication
and public improvements including new sidewalks and curb and gutter, and
landscaping including palm trees adjacent to the public right -of -way where there are
currently no plant materials. Demolition of existing, deteriorated and physically
obsolete buildings to accommodate the proposed project will improve the visual
character of the Coast Highway corridor. Grading of the site and subsequent
construction will be consistent with requirements of the geotechnical report prepared
for this project so as to stabilize and preserve the grounds on the site, the hillside
above, and the Coast Highway right -of -way. The traditional architecture and quality of
materials including stone veneer and slate roofs of project buildings represent
significant investment that will improve the visual quality of Coast Highway so as to
preserve, protect, and enhance property values in the area.
WHEREAS, the applicant requested a Modification Permit for construction of a 43,000
square -foot, two -story building with no rear yard setback rather than the required minimum
five -foot rear yard setback and for a reduction in the required minimum landscaped setback
width, and the request for reduction in landscaped setback width was subsequently
withdrawn by the applicant. Approval of the Modification Permit requires findings by the
Planning Commission pursuant to Zoning Code Section 20.93.030 as to site characteristics
that warrant reduction in the required minimum rear yard setback, which findings are as
follow:
a3
Planning Commission Resolution No. 1685
1. The granting of the application is necessary due to practical difficulties associated with
the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code.
Facts in Support of Finding:
The project site is shallow (ranging between 105 feet to 156 feet) and the project
includes a dedication of area for highway purposes that further reduces the depth of
the lot by approximately 20 feet at the easterly property line to approximately 11 feet at
the westerly property line. The effective depth of the lot ranges between 85 and 146
feet, respectively due to the widening of Coast Highway. The reduced lot depths do
not accommodate an optimal retail center site configuration that situates surface
parking and drive aisles in close proximity to all retail storefronts, typically between the
street frontage and shops at the rear of the parcel. Elimination of the rear yard
setback assists in accommodating a more efficient site configuration for vehicular
access and parking.
2. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
The proposed project with the proposed setback modification would be compatible
with existing development in the neighborhood because waiver of the rear yard
setback accommodates placement of the 43,000 square -foot, two -story structure at a
greater distance from the Coast Highway right -of -way near the intersection with Dover
which allows for inclusion of a pedestrian courtyard and additional landscaping
providing an attractive streetscape consistent with the highest quality of improvements
in the area. Furthermore, the significant vertical and horizontal separation of the
proposed shopping center and the homes behind at the top of the adjoining slope
provide an adequate buffer equivalent or superior to a 5 -foot rear yard setback.
Landscaped setbacks along the Coast Highway frontage will provide approximately
2,000 square feet of street -side landscaped area over and above the required
minimum amount and will include plant materials consistent with the Mariner's Mile
Strategic Vision and Design Framework and its intended objective of improving the
streetscape of this section of Coast Highway.
3. The granting of such application will not adversely affect the health or safety of
persons residing or working in the neighborhood of the property and will not be
detrimental to the general welfare or injurious to property or improvements in the
neighborhood.
Facts in Support of Finding:
Granting the modification will not affect the health or safety nor be detrimental to the
general welfare of persons residing or working in the neighborhood because the
vertical separation of more than 35' along the rear property line provides a significant
buffer between the residences on the plateau to the rear of the project site and the
proposed commercial buildings. The lot coverage of the proposed structures is
VJ
Planning Commission Resolution No. 1685
consistent with the 0.5 Floor Area Ratio for properties in this area indicating that the
extent of improvements are consistent with the intensity of development either existing
or contemplated in this area. The reduced setback will allow additional excavation of
the slope on the northerly portion of the property that will be accompanied by an
increase in the height of the proposed retaining wall. These project characteristics will
not be injurious to properties to the north on the plateau above the project site
because of slope failure or landslides associated with this additional excavation and
wail height because, as indicated in the Mitigated Negative Declaration prepared for
this project, the orientation of the geologic structure in bedrock materials in the area
along with the massive, dense nature of terrace deposits that overlie the bedrock are
typically associated with slope stability. Moreover, the site is not located within
identified seismic hazard or earthquake fault zones. Design and construction of the
retaining wall will be predicated upon geotechnical reports prepared for this site and all
applicable provisions of the Building and Grading Code to ensure safety.
WHEREAS, the applicant has requested a Use Permit for construction of a 43,000
square -foot, two -story building with maximum building height of 34'— 6" which is greater than
the permitted 26' base height and for construction of a 13,000 square -foot building with
maximum building height of 32'— 6 ", as modified by the applicant, which is also greater than
the permitted 26' base height. Approval of the Use Permit allowing project buildings to
exceed the permitted base height requires findings by the Planning Commission pursuant to
Zoning Code Section 20.65.55 to permit as to project characteristics that warrant an increase
in building heights, which findings are as follow:
1. The increased building height would result in more public visual open space and views
than is required by the basic height limit in any zone. Particular attention shall be
given to the location of the structure on the lot, the percentage of ground cover, and
the treatment of all setback and open areas.
Facts in Support of Findings:
The increase in height to allow the second story on the 43,000 square -foot building
and the increase in height of the 13,000 square -foot building will allow the overall
addition of open space including a pedestrian courtyard on the easterly third of the
project site between the building and Coast Highway. Inclusion of building area as a
second story reduces the building footprint and allows for inclusion of the additional
open space and a pedestrian courtyard. Moreover, the open space and pedestrian
courtyard are visible to the public from both Coast Highway and Dover Drive and
incorporate more than 2,000 square feet of landscaped area over and above the
required minimum amount. This open space is in addition to the more than 7,000
square feet of right -of -way dedication which reduced the buildable lot area and,
consequently, the amount of building volume at this location, resulting in a wider visual
corridor from Coast Highway across Dover Driver to the Bay. The second level of the
43,000 square foot building is setback further from the first level providing open space
visible to the public
2. The increased building height would result in a more desirable architectural treatment of
the building and a stronger and more appealing visual character of the area than is
required by the basic height limit in any zone.
Planning Commission Resolution No. 1685
Facts in Support of Finding:
The increased building height allowing for the second story and consequent step back of
second story facades from those of the first story allow for greater variety in the overall
building form, provide for a visual building transition from building pad to the slope and
plateau at the rear of the structure, and allow for desirable amenities including outdoor
pedestrian courts and dining areas on the second story of the 43,000 square foot
building. Additional building height allows for articulation of individual storefronts through
variations in parapet heights and through inclusion of hip and gable roofs rather than all
flat roofs. Moreover, curvilinear exterior stairways to the second story provide visual
variety. Additional building height for the 13,000 square -foot building similarly allows a
visual transition from the building grade at Coast Highway to the two -story structure and
the landscaped retaining wall and slope that extend up to the plateau at the rear of the
property. The additional height also allows for inclusion of a gable roof end on the Coast
Highway fagade that provides visual variety and contrast to the parapet walls on either
side. Inclusion of a vertical tower element is also accommodated by the modification in
permitted building height and provides visual balance to the east and south facades of
this building.
3. The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments or public
spaces. Particular attention shall be given to the total bulk of the structure including
both horizontal and vertical dimensions.
The site is bounded on the south and east by West Coast Highway and Dover Drive,
respectively, which provide significant roadway widths which are not overpowered by
proposed building heights provided that the height of the westernmost building given
its proximity to Coast Highway is reduced by 2 feet. The maximum building height for
the 13,000 square -foot building at the parapet nearest the westerly property line will be
26'. The existing structure on adjoining property is 31' from the west property and
approximately 21' in height. The horizontal separation in conjunction with a minimal 5-
foot height difference between the buildings and viewed in the context of the broad
Coast Highway roadway and the slope and plateau rising above the structures at the
rear property lines will result in a streetscape with buildings of compatible scale and
bulk.
4. The structure shall have no more floor area than could have been achieved without the
use permit.
Facts in Support of Finding:
The Floor Area Ratio of the project is 0.50 which is the maximum permitted in the
Retail Service Commercial District and the project, therefore, does not achieve any
additional floor area due to the additional height.
5. 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
2io
Planning Commission Resolution No. 1685
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 project site is located in the Bayclub /Dover portion of the Mariner's Mile Area
(Statistical Area 1-14) identified in the General Plan. The proposed project is designed
for retail occupancies with a Floor Area Ratio of 0.50 consistent with the General Plan
designation of this area for Retail and Service Commercial land uses with maximum
allowable floor area ratio of 0.50/0.75. Granting of the Use Permit to allow increased
building height will not affect the type or operational characteristics of retail uses
permitted to occupy the building consistent with the Retail and Service Commercial
designation of the General Plan and the corresponding Retail Service Commercial
zoning designation and, therefore, will not result in establishment of land uses that are
a detriment to the general welfare of persons residing or working in the area. The
increase in building height pursuant to the Use Permit is less than significant relative to
the vertical and horizontal separation between the proposed shopping center and the
homes behind at the top of the adjoining slope such that there will be no detriment to
such properties. The existing commercial structure on adjoining property is 31' from
the west property line of the subject property and approximately 21' in height
compared with the nearest structure on the project site, which will be up to 26' in
height such that the building masses and heights will be compatible and the project will
not be a detriment to improvements on the adjoining commercial parcel by virtue of the
increased height. West Coast Highway and Dover Drive, which abut the remaining
sides of the subject site, provide significant roadway widths which are not
overpowered by proposed building heights.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach does hereby find,
on the basis of the whole record, that there is no substantial evidence that the project, subject to
mitigation measures, will have a significant effect on the environment and that the Mitigated
Negative Declaration reflects the Planning Commission's independent judgment and analysis.
The Planning Commission hereby adopts Mitigated Negative Declaration SCH No. 20051-
01141 and the Mitigation Monitoring and Reporting Program included herewith. The
documents and all material which constitute the record upon which this decision was based
are on file with the Planning Director, City Hall, 3300 Newport Boulevard, Newport Beach,
California.
Section 2. Based on the aforementioned findings, the Planning Commission hereby
approves Development Plan No. 2004 -001, Use Permit No. 2004 -025, and Modification Permit
No. 2005 -117 all subject to Conditions of Approval in Exhibit "A" attached hereto and made part
hereof.
�1
ADOPTED THIS 19th DAY OF JANUARY 2006.
My
BY:
Michael Toerge, Chairman
Barry Eaton, Secretary
Planning Commission Resolution No. 1685
AYES: Cole, Eaton, Henn, Hawkins, McDaniel,
Toerge, Tucker
NOES:
ABSENT:
EXHIBIT "A"
CONDITIONS OF APPROVAL
DEVELOPMENT PLAN NO. 2004-0001
USE PERMIT NO. 2004-025
MODIFICATION PERMIT NO. 2005-117
GENERAL PLANNING CONDITIONS
1. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
2. The project shall be developed in substantial conformance with the plans included as
Exhibit 8 to Planning Commission Staff Report dated December 18, 2005, for PA2004-
130 with revisions as shown provided to Planning Commission on January 5, 2006,
except as modified by conditions herein.
3. Development of the project site shall conform to all applicable Municipal Code
requirements including those of the Zoning Code and Subdivision Code except as
modified through approval of Use Permit No. 2004 -025 and Modification Permit No.
2005 -117.
4. Development Plan No. 2004 -001, Use Permit No. 2004 -025 and Modification Permit
No. 2005 -117 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 of the Newport Beach Municipal Code,
unless an extension is otherwise granted.
5. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
6. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
7. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use will be cause for revocation of this
permit.
PROJECT- SPECIFIC PLANNING CONDITIONS
8. Building heights for the multi- tenant structure shall be as shown on plans submitted
with the application for Conditional Use Permit. Building heights for the single -
tenant, westemmost structure shall be as follow:
Top of mansard roof
Ridges of gable roofs
Mid -point of hip roof on tower
No more than 26'
No more than 31'
No more than 32' -6"
9. All future proposals to establish a Reduced FAR Use found in Table 20.63 of the
Zoning Code shall require a Floor Area Ratio analysis to ensure that neither the base
development allocation nor the maximum floor area ratio shall be exceeded.
10.1_ighting shall be in compliance with applicable standards of the Zoning Code.
Exterior on -site lighting shall be shielded and confined within site boundaries. No
direct rays or glare are permitted to shine onto public streets or adjacent sites or
create a public nuisance. Parking area lighting shall have zero cut -off fixtures and
light standards shall not exceed 20 feet in height.
11.The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if in
the opinion of the Planning Director, the illumination creates an unacceptable
negative impact on surrounding land uses or environmental resources. The applicant
shall prepare photometric study in conjunction with a final lighting plan for approval
by the Planning Director prior to the issuance of a building permit. Prior to issuance
of the certificate of occupancy or final of building permits, the applicant shall
schedule an evening inspection by the Code Enforcement Division to confirm control
of light and glare. The Planning Director may order the dimming of light sources or
other remediation upon finding that the site is excessively illuminated.
12.Subterranean parking areas shall incorporate features such as lighting and white
painted ceilings to ensure uniform light levels throughout.
13.The roof, equipment located on the roof and any mechanical equipment screens
located on the roof of any new building shall be painted or otherwise treated in a
consistent fashion such that they blend together in harmony with the overall
architectural design of the building to minimize their visibility from residences above.
Roof top equipment shall not be visible from West Coast Highway and shall comply
with Section 20.65.070.6 of the Zoning Code.
14. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach
Municipal Code. The maximum noise shall be limited to no more than is depicted
below for the specified time periods unless the ambient noise level is higher:
My
Between the hours of TOOAM
and 10:OOPM
Between the hours of
10:OOPM and TOOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40d8A
5OdBA
Residential Property located within
100 feet of a commercial ro ert
45dBA
60dBA
45dBA
5OdBA
Mixed Use Property
45dBA
60dBA
45dBA
5OdBA
Commercial Property
N/A
65dBA
N/A
60dBA
My
15. Prior to the issuance of a grading or building permit, the applicant shall pay any
unpaid administrative costs associated with the processing of this application to the
Planning Department.
16. Prior to the issuance of a rq ading or building permit, the applicant shall provide the
City with a performance bond or its equivalent to ensure timely completion of all
shoring and retaining wall improvements represented on plans and drawings
submitted for permit approval. The performance bond or its equivalent shall be in
the amount of $6,500,000 (100% of the cost of such improvements), shall be issued
with the City as beneficiary by an insurance company currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California
and shall have an assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating Guide unless otherwise approved by the City Risk Manager. The bond or
equivalent shall be released upon completion of construction of the shoring and
retaining wail improvements.
17. Prior to the issuance of a grading or building permit for new construction, the
applicant shall execute a waiver of all claims against the City for future liability or
damage resulting from the approval to build the project. The form and content of the
waiver shall be in a form acceptable to the office of the City Attorney and the waiver
shall be recorded against the property in question.
18.Prior to the issuance of a building permit for new construction, the applicant shall
cause the merger of all underlying lots into one single parcel or as an alternative, the
parcels shall be re- subdivided in a manner consistent with all applicable laws such
that the proposed buildings shall not cross underlying lot lines.
19. Prior to the issuance of a building permit, a sign program shall be submitted for
Planning Commission review and shall be subject to Planning Commission approval.
20. Prior to the issuance of a Certificate of Occupancy, the applicant shall provide the
text of a lease provision, in form acceptable to the City Attorney and to the Planning
Director, that shall be included in each lease for the subject premises and requiring
that all employees of the lessee park their respective vehicles on -site at all times and
in the lowest level of the parking structure.
21. Prior to the issuance of a building permit, a landscape and irrigation plan prepared
by a licensed landscape architect shall be submitted for Planning Commission
review and shall be subject to Planning Commission approval. The landscape and
irrigation plan shall include proposed materials, material colors, and details of the
surface of the retaining wall proposed along the northerly edge of the project site as
well as planting and irrigation to be included on the wall surface. The plans shall
incorporate drought tolerant plantings and water efficient irrigation practices. All
planting areas shall be provided with a permanent underground automatic sprinkler
3L
irrigation system of a design suitable for the type and arrangement of the plant
materials selected. The irrigation system shall be adjustable based upon either a
signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to
vehicular activity shall be protected by a continuous concrete curb or similar
permanent barrier. Landscaping shall be located so as not to impede vehicular sight
distance to the satisfaction of the Traffic Engineer. The proposed landscaping
adjacent to the back of sidewalk shall be designed with provisions that will prevent
irrigation and /or other runoff from spilling onto the sidewalk.
22.AII landscaped areas between the Coast Highway right -of -way and on -site parking
shall be a minimum four (4) feet in width consistent with requirements of the Zoning
Code.
23.AII landscaping shall be in compliance with all applicable requirements of the Zoning
Code including but not limited to the hedge and palm row and bluff landscaping
required pursuant to the Mariners Mile Strategic Vision and Design Framework.
24. One tree shall be provided for each four parking spaces on the surface parking lot.
25.AII landscape materials and landscaped areas shall be installed and 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.
PROJECT - SPECIFIC MITIGATION MEASURES
26. AQ -1 During clearing, grading, earth moving, or excavation operations, excessive
fugitive dust emissions shall be controlled by regular watering or other dust
preventive measures using the following procedures, as specified in the South Coast
Air Quality Management Districts Rules and Regulations:
• All material excavated or graded shall be sufficiently watered to prevent
excessive amounts of dust. Watering shall occur at least twice daily with
complete coverage, preferable in the late morning and after work is done for
the day.
• All material transported on -site or off -site shall be either sufficiently watered or
securely covered to prevent excessive amounts of dust.
• The area disturbed by clearing, grading, earth moving, or excavation
operations shall be minimized so as to prevent excessive amounts of dust.
• These control techniques shall be indicated in Project specifications.
Compliance with this measure shall be subject to periodic site inspections by
the City.
3a
• Visible dust beyond the property line emanating from the Project shall to the
maximum extent feasible.
27.AQ -2 Project grading plans shall show the duration of construction. Ozone
precursor emissions from construction equipment vehicles shall be controlled by
maintaining equipment engines in good condition and in proper tune per
manufacturer's specifications, to the satisfaction of the City Engineer. Compliance
with this measure shall be subject to periodic inspections of construction equipment
vehicles by the City.
28.AQ -3 All trucks that are to haul excavated or graded material on -site shall comply
with State Vehicle Code Section 23114, with special attention to Sections
23114(b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material
spilling onto public streets and roads.
29.AQ -4 Restaurant uses (i.e., food processing and preparation operations) shall
adhere to SCAQMD Rules 1131 and 1138. Compliance with this measure shall be
subject to inspection by the City, and SCAQMD if applicable.
30.GEO -1 in coordination with adjacent property owners, the project engineer shall
perform an assessment of the existing drainage control systems that discharge into
the site from upslope locations. Consideration shall be given to a final project design
that would incorporate runoff originating from the rear of the upslope properties into
the project drainage plan.
31.GEO -2 A qualified geologist shall observe the excavations at the site to map the
geologic structure and to verify that the geologic conditions exposed in the
excavations are consistent with those anticipated within the geologic evaluations.
The project shall adopt recommendations of the geologist.
32. HAZ -1 Any hazardous waste that is generated on -site shall be transported to an
appropriate disposal facility by a licensed hauler in accordance with the appropriate
State and Federal laws.
33. HYD -1 The project applicant shall file a Notice of Intent with the State of California
Regional Water Quality Control Board. A copy of the Notice of Intent
acknowledgement from the State of California Regional Water Quality Control Board
must be submitted to the City of Newport Beach before issuance of grading permits.
34.HYD -2 Prior to issuance of a grading permit, a Storm Water Pollution Prevention
Plan (SWPPP) shall be completed and approved by the City of Newport Beach for
construction activities on -site. A copy of the SWPPP shall be available at the
construction slte and the SWPPP shall be implemented at all times. The SWPPP
shall outline the source control and /or treatment control BMPs to avoid or mitigate
runoff pollutants at the construction site to the maximum extent practicable.
33
35. HYD -3 Prior to completion of the final construction plans, the Applicant shall submit
a dewatering plan for review and approval by the Santa Ana Regional Water Quality
Control Board and the City of Newport Beach Department of Public Works. The
Applicant shall comply with the approved dewatering plan.
36. HYD -4 Prior to any dewatering activities, the Applicant shall obtain and comply with
a general dewatering NPDES permit from the Santa Ana Regional Water Quality
Control Board and shall obtain any other applicable permits.
37. HYD -5 Prior to issuance of a buildina permit, the Water Quality Management Plan
(WQMP) completed for the project, which identifies Nonstructural and Structural
BMPs and the entities responsible for the long -term inspection, maintenance and
funding for all BMPs, shall be submitted for approval by the City of Newport Beach
prior to the issuance of building permits.
38.N-1 All noise generating construction activities shall be limited to the hours of
between 7:00 a.m. and 6:30 p.m. on weekdays and between 8:00 a.m. and 6:00
p.m. on Saturdays. Construction activities are prohibited on Sundays and Federal
holidays. Refer to Ordinance 10.28.040, Construction Activity — Noise Regulations
(Regulation of Construction Noise) of the City's Municipal Code.
39. N -2 During all project site excavation and grading, the construction contractor shall
equip all construction equipment, fixed or mobile, with properly operating and
maintained mufflers consistent with manufactures' standards.
40. N -3 The construction contractor shall place all stationary construction equipment so
that emitted noise is directed away from noise - sensitive receptors nearest the
project site.
41.N-4 The construction contractor shall locate equipment staging areas that would
create the greatest distance between construction- related noise sources and noise-
sensitive receptors nearest the project site during all project construction.
42.N-5 The cooling tower structure (except the rooftop) shall be composed of a
material that has a density of 3.5 pounds per square foot of surface area. Noise
levels emanating from the cooling tower shall not exceed an A- weighted sound
pressure level of 55 dBA. Additionally, upon final design, the angle of the rooftop
louvers shall be set so that noise is directed away from the residences on the bluff
along Kings Road.
43. N -6 Upon final design, the project applicant shall orient the parking structure
ventilation intake /exhaust components away from both residential and on -site uses.
44.TR -1 Balboa Bay Club Driveway/West Coast Highway (SR -1) - The project
applicant shall make a fair share contribution to re- stripe /widen the westbound West
Coast Highway (SR -1) approach from one left -turn lane, two through lanes, and one
defacto right -turn lane to consist of one left -turn lane, two through lanes, and one
shared through /right -turn lane.
3q
45.TR -2 Driveway 1/West Coast Highway (SR -1) - The project applicant shall re-
stripe /widen the westbound West Coast Highway (SR -1) approach from two through
lanes and one dedicated right -turn lane to consist of two through lanes and one
shared through /right -turn lane. West Coast Highway (SR -1) west of the Driveway
1/West Coast Highway (SR -1) intersection would need to be widened by
approximately two feet plus a 50 to 1 taper to accommodate the additional through
lane.
46.TR -3 Any obstacles within the parking facility (i.e., building columns, mechanical
building systems, reduced overhead clearances, etc.) shall be clearly marked to alert
motorists to potential conflicts.
47.TR -4 Prior to the Issuance of a Certificate of Occupancy, site access intersections
shall be clear of any visual obstructions (i.e., landscaping, monumentation and/or
signing, aboveground utilities, etc.) that could impair drivers' sight distance.
PUBLIC WORKS CONDITIONS
48.All improvements shall be constructed as required by Ordinance and the Public
Works Department, and shall be completed prior to issuance of a Certificate of
Occupancy.
49.The intersection of the driveways with West Coast Highway shall be designed to
provide sight distance for a primary roadway per City of Newport Beach Standard
Drawing STD -110 -L for a speed of 45 MPH. Slopes, landscaping, walls, signs, and
other obstructions shall be considered in the sight distance requirements.
Landscaping within the sight lines (sight cone) shall not exceed 24- inches in height
and the monument identification sign must be located outside the line of sight cone.
The sight distance may be modified at non - critical locations, subject to approval of
the Traffic Engineer.
50.The onsite parking and vehicular and pedestrian circulation systems shall be subject
to further review and approval by the City Traffic Engineer.
51.The applicant shall provide wheel stops or other approved protective barrier
methods as necessary within the parking areas. The parking spaces shall be marked
with approved traffic markers subject to the approval of the Public Works
Department or painted white lines not less than 4 inches wide. All parking and
maneuvering areas shall meet minimum dimensional standards per City of Newport
Beach Standard Drawing STD - 805 -L -A unless otherwise modified by the Traffic
Engineer.
52.The parking lot shall have prominent pavement arrows and signage to facilitate
proper circulation within the parking area. Signage and pavement markings shall be
shown on the site plan and shall be subject to the review and approval of the Public
Works Department.
53. Add to Public Works Note No. 3 on Sheet A -1, "The map to be submitted to the City
y
of Newport Beach shall comply with the City's CADD standards. Scanned images
shall not be accepted"
54. Detailed plans for the on -site drainage system shall be subject to further review and
approval by the Development Services Engineer.
55. ADA compliant curb access ramps shall be installed along the Dover Drive and
Coast Highway frontages.
56. The limit line and the STOP pavement legend proposed for vehicles exiting the most
easterly driveway shall be installed on private property so that stopped vehicles will
not impede pedestrian traffic.
57.A sidewalk easement is required for the portions of the proposed 8 -foot wide
sidewalk fronting West Coast Highway that is within private property.
58.City and Caltrans approvals are required for all private landscaping proposed on
plans sheet no. LCP -1 within the Dover Drive and West Coast Highway respective
rights -of -way.
59.Provide details to the Development Services Engineer as to how the existing
sanitary sewer main between Coast Highway and King's Road will be constructed to
maintain current service levels. Any alteration to the existing sewer main and /or
easement alignment will require the applicant to prepare all of the necessary
easement exhibits and legal descriptions. The applicant is responsible for all of the
construction costs.
60.The drive aisle located near the 13,000 square foot building and nearest to Coast
Highway shall be designated one -way toward Dover Drive and parking spaces
taking access from this drive aisle shall be angled as shown on plans last submitted
for Planning Commission review.
61.Ramp slopes to the subterranean parking area shall not exceed 15 %, per City
Standard STD - 160 -L -B and STD - 160 -L -C. A maximum of 11% grade change is
permitted.
62.Delivery vehicles are prohibited to park on the public right -of -way. All deliveries are
to be handled on -site.
63.A total of six (6) loading spaces shall be provided on -site.
64.All dead end drive aisles shall have a designated turnaround area adjacent to a 5-
foot hammerhead. The hammerhead area shall continue across the entire drive
aisle.
65. Parallel parking stalls shall have 4 -feet of red curb between stalls to enable sufficient
maneuvering room.
3�°
66. No storage of equipment or materials shall be allowed on Dover Drive or Coast
Highway. No construction vehicle staging shall be permitted on Dover Drive or
Coast Highway.
67.All driveways shall have a minimum width of 28'.
68.The Dover Drive sidewalk shall be 12' wide.
69.The easterly driveway and ramp to the subterranean parking areas shall be
configured to accommodate u -turn movements from Coast Highway to the
subterranean parking area.
70.New street trees shall be planted in accordance with the City of Newport Beach
Municipal Code and Council Policies. Existing street trees along the development
frontage shall be relocated and replanted along same frontage after the street
widening work has been completed.
71.Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment
and flagpersons. Traffic control and transportation of equipment and materials shall
be conducted in accordance with state and local requirements.
72. Utility connections for new buildings shall be underground to the nearest appropriate
pole in accordance with Section 20.57.040 of the Municipal Code.
73. New curb and gutter, sidewalk and driveway approaches shall be constructed where
necessary along the West Coast Highway frontage of the property in accordance
with an encroachment permit issued by the California Department of Transportation
( Caltrans). Street improvements as well as drainage and utility improvements within
Caltrans right -of -way shall be shown on standard improvement plans prepared by a
licensed civil engineer. Existing non - standard concrete sidewalk panels within the
public right -of -way shall be reconstructed with standard concrete sidewalk panels
through a permit issued by Caltrans.
74.Catch basins are to be constructed at all locations where drainage from surface
runoff is proposed to be discharged through curb outlets. Each catch basin shall be
a standard type catch basin with a concrete bottom a fossil filter system. The
objective is to improve the quality and decrease the quantity of water runoff by
providing for on -site percolation to the maximum extent possible.
75.All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by Caltrans.
76.Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
77.A hydrology and hydraulic study for the project shall be prepared by a licensed civil
31
engineer, along with a master plan of water, sewer, and storm drain facilities for the
on -site improvements prior to issuance of a grading permit. Any modifications or
extension to the existing storm drain, water and sewer systems that the study shows
to be required shall be the responsibility of the developer. The hydrology and
hydraulic study shall be limited to on -site analysis, except that analysis of waters to
be accepted and drained from upslope properties shall also be included in the
analysis. Analysis of downstream impacts will not be included in the analysis.
78. Each building shall be served by an individual water and sewer connection. The
water meter and sewer clean out, if located within the proposed driveway, shall have
a traffic -grade box and cover.
79. All on -site power poles along the northerly property line shall be protected in place
during construction unless undergrounding of the electrical line is proposed. If
undergrounding of the electrical line is proposed, work shall be completed in
compliance with all applicable requirements of the City and the electric provider.
80. Arrangements shall be made with the Public Works Department in order to
guarantee satisfactory completion of the public improvements, if it is desired to
obtain a building permit prior to completion of the public improvements.
81. Prior to issuance of a -grading permit, the applicant shall prepare a construction
phasing plan and construction delivery plan that includes routing of large vehicles.
The plan shall include a haul route plan for review and approval of the Public Works
Department. Said plan shall specify location of disposal site(s), the routes to be
traveled, truck staging, times of travel, total number of trucks, number of trucks per
hour, time of operation, safety /congestion precautions (e.g., signage, flagmen), and
other details as may be required by the Traffic Engineer. Traffic control and
transportation of equipment and materials shall be conducted in accordance with
state and local requirements. Said plan shall indicate locations, numbers, and
access to parking stalls for employees and contractors.
The permissible number of haul truck trips per day during grading operations shall
be determined consistent with South Coast Air Quality Management District pollutant
emissions criteria and the analysis set forth in memorandum of December 21, 2005,
from RBF Consulting relative to Mariners Mile Construction — Haul Truck (Air Quality
Emissions).
Haul truck trips from the project site to the disposal site and back during grading
operations shall be restricted to the route approved by the Traffic Engineer. The
approved haul truck route shall be configured so as to minimize disruption of traffic
on Coast Highway and affected intersections and shall be consistent with the VMT
criteria in Attachment 1.
Haul truck trips during grading operations and occurring from and after June 15"'
through September 15"' shall be limited to the non -peak hour traffic period between
10 AM and 3 PM, Monday through Friday. No haul truck trips shall be permitted on
11
Saturdays, Sundays, and legal holidays during this period.
Haul truck trips during grading operations and occurring from and after September
16th through June 14t shall be limited to the non -peak hour traffic period between 9
AM and 4 PM, Monday through Friday. Haul truck trips shall be permitted on
Saturdays between the hours of 8 AM and 3 PM during this period. No haul truck
trips shall be permitted on Sundays or legal holidays during this period.
82. Prior to issuance of a building permit, the project applicant shall make a fair share
contribution to re- stripe /widen the westbound West Coast Highway (SR -1) approach
from one left -turn lane, two through lanes, and one defacto right -tum lane to consist
of one left -turn lane, two through lanes, and one shared through /right -turn lane at
Balboa Bay Club Driveway/West Coast Highway (SR -1).
83.Prior to issuance of a building permit, applicant shall submit a traffic signal
synchronization study prepared by a registered traffic engineer for review by the
City's Traffic Engineer.
84.Applicant's request for traffic signal approval to Caltrans shall include the
synchronization study after approval by the City's Traffic Engineer together with a
statement that the City's approval of the project was, in part, based on an
expectation that the proposed traffic signal would be fully synchronized with existing
traffic signals.
85.The traffic signal to be installed at the project entrance shall be equipped with an
Opticom System controller.
86. Prior to issuance of a building permit, ermit, the applicant shall pay the project's fair share
traffic contribution in accordance with Chapter 15.38 of the Municipal Code. Public
Works Department plan check and inspections fees shall be paid prior to the
issuance of applicable permits.
87.Prior to issuance of a Certificate of Occupancv, the project applicant shall re-
stripe /widen the westbound West Coast Highway (SR -1) approach from two through
lanes and one dedicated right -turn lane to consist of two through lanes and one
shared through /right -turn lane. West Coast Highway (SR -1) west of the Driveway
1/West Coast Highway (SR -1) intersection would need to be widened by
approximately two feet plus a 50 to 1 taper to accommodate the additional through
lane at Driveway 1 /West Coast Highway (SR -1).
88. Prior to the issuance of a Certificate of Occupancy, the applicant shall complete all
required off -site improvements including roadway widening and traffic signal
installation.
BUILDING DEPARTMENT CONDITIONS
89.The applicant shall obtain all applicable permits from the City Building Department.
The construction plans must comply with the most recent, City - adopted version of
3�
the California Building Code unless otherwise approved by the Building Department.
The construction plans must meet all applicable State Disabilities Access
requirements.
90. In order to prevent adverse noise and vibration impacts to nearby residences and
businesses, the retaining wall along the northerly property line shall be constructed
using the coring method rather than pile- driving.
FIRE DEPARTMENT CONDITIONS
91 -The applicant shall obtain all applicable permits from the City Building Department.
The construction plans must comply with the most recent, City- adopted version of
the California Fire Code unless otherwise approved by the Fire Department.
92.Automatic fire sprinklers shall be required for all new construction. The sprinkler
system shall be monitored by a UL certified alarm service company where the
number of sprinklers is one hundred or more.
93. Approved numbers or addresses shall be placed on all new and existing buildings in
such a position that is plainly visible and legible from the street or road fronting the
property. Said numbers shall be of made of non - combustible materials, shall
contrast with their background, and shall be either internally or externally illuminated
to be visible at night. Number shall be no less than six inches in height with a one -
inch stroke.
0
Exhibit 4
Comprehensive Sign
Program
%k\
is
rl
\'Z
96
a
d
►!
W
U
a
v
x
d
p
r.
0
0
N
t+]
ti
h�
m
0
q
h
41 LF'
y
<°a
o v a OQ
N
W
U
0.
V
Ow
V
FBI
W
W
o�
C7
a
0
°s
M
x
u
x
C,
Aq
z
�
H
b
0
r
a
G
C
U'
W O
� U
q
h
41 LF'
y
<°a
o v a OQ
N
W
U
0.
V
Ow
V
FBI
W
W
o�
C7
a
0
°s
M
x
u
x
C,
Aq
d � A
a m
qy�S c�
"e�2 E•s
000 G
d
5
5
W p
L T A
A+ G
d
L
d t
�6
W`o
y G
p
5
a
OW
C4
Phi
a
z
c�
04
fi7
W
U
0.
PG
Q
0
N
a
c�5
Q
a
d
= m
C O
a
rJ'
A Q &
o
ss°
a
'C
4 °
z s� a
W
C
LTJ
a 9
O €n
V
F Q
V
Z
u
U a
2
Wo �S
US
U u o
a o S
N M W O yy m
LL
s Obi
D m •: 5m 9 a y� G
a
" a 5 ❑ S
gs o d 5 m 2 a
m-a mr €_b y 1O g°0
eons 3= v -°� ro w .o '" •o" � �o
Oba�
wiRL
s 9 3
a° oe
AA
v-� 8 �•e E � u �'�r e a
a• L w 5 •� ri
;5 a g K CLU. t a W r Q v
via 9 wp °'a`�i
y e 09CC 'C w 4„ oaL 4 °'
a •ggC d o O
ts
g a q fi
a� oS •a °O� S� "a�'�E a °�'� 5
8o w w s �w •a °��+'�
c e a ra
to as 'S E c •d 'S T
m m ,�' a 4 ,,qa, L` fi ME
EbI m d^ j %T+ - 12 §
P4 o.
rg
ow
z
W
W
U
a
J
PC
e
P
N
x
a
M
d
'09 6�'gEb y
a 3tb .5 ulb
° ac1p � drsn0
d
U JIM o4
b� a., K.° � E•5 b
o.2 a fi 8
8 �ro Kro•g b�°
5'a�.r� °m 6ep
9= 3"•a gz3K�S�c
Z V > 6 ro b ux
ro
A
b
F
d O
2 J
O
Q Eue za
°
U a E 8
b
.B § O
3• N fi 3 b ro S m ti O Q, 6
m
Eyb$w u:�vA c ab°'o °�'".�e ba�•c
Z $'SO�$ ;a °'"fib s �'o� ��Epy "a °•• 3
y o w ° .4 6.2.i0 a �$� l tj .„day;, "=.5
_ -0
.,; ° b a •$ 0 b w
n0-2 .a 6 3
LTi p¢@ .`s{' 8' : e K a • j +y�; `°
O � Y w" G C$ -, 8
got -4
-`.f MRY b O�•y T = dti Ei R °� 2
v
p .� m v° .J
psi $'En°0263s 8°5 ors�a 9��.fi m
gg
O m
�y�°��eoa
�b°•�." �nm53 "o$�'so Pigg Q.t'b� °'�v -S �,
Q Jo c>c p3n �o �b73 ?,y��yaramfi etA Cmb db
•+,7., N b^ tINin 'J tai4 3 ui �L ri A m
05
ow
z
c�
�w
Kj
a
w
m
w
a
a
d
A
b
N
V
d
41
W
cc
O
i--
V
0
cc
g
I d
P.
S
5
'o
t
2
s
J
O
F
w
w
A
b
s
6J
N
4
oZo
N
w a
�
w
O
O
`;
�
�u
14
ow
z
a
w
as
�a
x
A
0
N
r.;
M
U
d
t\
W
0.
A�
�pZaz
�
a
p
V
d
Q3
h^,6i Psi
Aa
FZ(i[>
W
cc
O
i--
V
0
cc
g
I d
P.
S
5
'o
t
2
s
J
O
F
w
w
A
b
s
6J
N
4
oZo
N
w a
�
w
O
O
`;
�
�u
14
ow
z
a
w
as
�a
x
A
0
N
r.;
M
U
d
t\
W
0.
A�
U # �
N � v
a a a
x �
� o 0
U v
'aa i 6
6 R n
!II
z
c�
y
a
6
z
a
x
00
0.
i
�i
O
W
VJ
a
01
W
.i
a
V
0
e
N
Ni
0
o�
------ ---------
w
m
Z:}
Q
� w
Z
9
LU
s
0!2 6
CA
=m
z�soa
a
a
O
a
-- - -J- '
!II
z
c�
y
a
6
z
a
x
00
0.
i
�i
O
W
VJ
a
01
W
.i
a
V
0
e
N
Ni
0
3
a
a
GN
U
5
q
w
A
6
a
04
u
0
a
z
c�
w
a
w
as
a
ac
d
Q
O
N
M
x
uVL
F
J1
r
.n
U
U
U
a
i
J
O
V
A
w
A
w
n.
d
0
a
a
z
u
0.
rA
W
94
d
Fa
W
a
ae
a
A
n
°o
N
ri
V
a
d
►
0
w
C7
L;
�a
�j Cl
jll
D
l
1
ii
i
��-i
I�.
F
d
w
O
W
w
a
a
w
a�
o �
o
o
o
N
w
�adu7
rfi
W
U
a¢,
M
l @C
i
L�
VD
W
m
D ! tIf
La
v
4~� § rs- $
°aESym � 8� o
igy�g�B Ssy� '�g
a s
8yy
a
Alit^
�4Seq
�'
�F §y�
apu�Qg
U
o
�dg9°
�tltltltltlW
�u
Epp
E
Y]Ysi Lg
��
'�
lit
�g�
V
V
eE
E
11
SH
H,
0
gaO
"Ca
s B
=ID %''pbpbga,_x
re 5a5ye'�
= 5
iapca
.�mnvtl�Bl
A55S
S
u
a' �
pypya55°�g¢¢"�
yyyya �GG
m
u
W
�
u�
°s 5 as
°�B
fig sAtlA
iaa
�Si Ee fi ®Baga
�?
sSea 6agpap
EE
E
�y
wS@yO
a85E
i.£��S�IV22Sb
�a §A�y
g80 5E
All
Es
s9
�2
N.
..£ SS 03 P.
-ES_L
5•
W
O
W
LL
rr,,i
EGP
aY3�
V
p
FSAC
D ! tIf
La
v
4~� § rs- $
°aESym � 8� o
igy�g�B Ssy� '�g
8
n`
N
s
S
g�
5
N
v
^W^�
1�1
v
H
w
C7
w
u
a
d
A
0
N
x
d
G
65
�F §y�
apu�Qg
U
p$Y�
o�Ibs
Y]Ysi Lg
E
�. �t^i
M1�366
Lm
eE
E
a
6
0
s B
=ID %''pbpbga,_x
re 5a5ye'�
= 5
iapca
.�mnvtl�Bl
$
ss $� a
S
«fib({ S,yya 8E-�q
a' �
pypya55°�g¢¢"�
yyyya �GG
m
u
W
�
8
n`
N
s
S
g�
5
N
v
^W^�
1�1
v
H
w
C7
w
u
a
d
A
0
N
x
d
G
65
N
C
OI
cN
i
m
N
Vl
G
8
a
N
s
a
4
8
n
E�
O
P4
04
z
w
x
t2
ui
oa
W
c�
a
ci
6
Q
n
0
N
M
ti
u
V
R:
4
5(p
''MIN;
•
§
b
b
b b H y
$ b H Sl
£� a H�
u.
� H 8
S H
b
s
x
_
�_$
�� °3'a bF=SS
9i9�bGb�
`vgAao
g" gm INS.
� bliss
P
m
e
e
G
8
a
N
s
a
4
8
n
E�
O
P4
04
z
w
x
t2
ui
oa
W
c�
a
ci
6
Q
n
0
N
M
ti
u
V
R:
4
5(p
a
V
b
b
u.
N O
as
.�s8gg�9?gg�bsg����gg�Yq�
x
_
G
8
a
N
s
a
4
8
n
E�
O
P4
04
z
w
x
t2
ui
oa
W
c�
a
ci
6
Q
n
0
N
M
ti
u
V
R:
4
5(p
G
fA
m
2�
Vmi
G
�M
W
OHM1i°8�
8 -a
24p1
e
S$��a
So
ga
m91�%
1-'&111
gs��
WIN,
HUI
p 8 9
a h 0
D
..$8Epp Sg9
3 ggoal
e; �f ilsRII
8$ I I 98
3n g�a
ae�
H
dad.
Mal
m
5
8
3'
9
a
s
d
5
8
9
8
N
a'
B
3
S
h
S
N
R
a
z
w
x
a
n
w
u
a
of
^Q
1�1
0
6
N
M
H
5,
N
C
co
N
m
e
ta
cro
G
�q
8
B
�r
u
0
s
9
r TIE
d
O
a
�w
V
Iy
W
a
d
I.a
LTA
Q:
Uy
�1
a
0
n
M
u
6�
fi g�
S 5�
E
�2i »c
U
� aaS
°a
aS$��
�
�
s
a
m
W
u
°a $
g
x °a
ate° p� 5
S g$
Qa
-�D 233
-E�S ��P.a��95���S��YSU3Y
NMI
b
b
SiSR
x
8
B
�r
u
0
s
9
r TIE
d
O
a
�w
V
Iy
W
a
d
I.a
LTA
Q:
Uy
�1
a
0
n
M
u
6�
°a
�
�
s
a
m
W
N
a
a
a
b
b
a
�3 s
s g=
b
gF€
,F s s3$
s �g'aa�$
as s5y
s€
sue°
°e
s
s am c
g
ees
HUM
�s 8�et�'��
E
'_b =aaY�E$
a. °s
8
B
�r
u
0
s
9
r TIE
d
O
a
�w
V
Iy
W
a
d
I.a
LTA
Q:
Uy
�1
a
0
n
M
u
6�
O
19
AN
z
u
w
x
a
w
as
c�
a
4
Q
0
0
N
M
.y
x
x
d
n
U
0.
59
�D
Bel Mare Signs
Note:
• Each Tenant wilt choose from a Menu of:
• 1 Primary wall sign (or awning); and
• 1 Minor sign (Tenant will have a choice of blade, awning or arcade sign)
Exceptions (as noted below): At Landlord's discretion, Tenant shall have the right for
additional signs, so long as the total max. sign area does not exceed the total
allowable square footage of signage.
• For each space, all signs combined may not exceed total allowable square footage of
signage as outlined below
Add catchall for spaces that get divided or combined at the landlord's discretion. Upon
landlord's approval and letter of recommendation, the Director of Planning may
approve minor deviations in the sign criteria upon the discretion of the Planning
Director.
• Signage will be per code of 1.5: 1 linear foot of frontage
• Landlord to approve method of signage
Space
Primary Frontage
Comments
1.5 sq. ft. / linear foot of store frontage or
At Landlord's discretion, Tenant
max area of 55 sq. ft.
shall have the right for 1 additional
• Maximum vertical dimension, sign or
wall sign, so long as the total max.
A - Primary
logos, 6 feet
sign area does not exceed 94.5 sq.
• Individual letter and logo height not to
ft.
exceed 43 inches
• Minimum distance shall be 10 linear feet
from the Minor sign
• 1.5 sq. ft. / linear foot of store frontage or
max area of 47 sq, ft.
• Maximum vertical dimension, sign or
A - Secondary
logos, 5 feet
a Individual letter and logo height not to
exceed 43 inches
• Minimum distance shall be 10 linear feet
from the Minor sign
• 1.5 sq. ft. / linear foot of store frontage or
max area of 37.5 sq. ft.
• Maximum verticat dimension, sign or
B
logos, 4 feet
• Individual letter and logo height not to
exceed 43 inches
Minimum distance shall be 5 linear feet
from the Minor sign
• 1.5 sq. ft. / linear foot of store frontage or
If spaces C1 & C2 are occupied by
max area of 36 sq. ft.
a single user, then the sign area
• Maximum vertical dimension, sign or
permitted for C1 may also include
C1
logos, 5 feet
square footage allowance granted to
• Individual letter and logo height not to
C2
exceed 43 inches
• Minimum distance shall be 1 linear feet
from the Minor sign
Sign chart revised 02 -09 -07 (updated by ZS 03- 13 -07)
�S
Bel Mare Signs
Space
Primary Frontage
Comments
• 1.5 sq. ft. / linear foot of store frontage or
If spaces C1 & C2 are occupied by
max area of 21 sq. ft.
a single user, then the sign area
• Maximum vertical dimension, sign or
permitted for C2 may also include
C2
logos, 4 feet
square footage allowance granted to
• Individual letter and logo height not to
C1
exceed 43 inches
• Minimum distance shall be 1 linear feet
from the Minor sign
Space
Primary Frontage
Comments
• 1.5 sq. ft. / linear foot of store frontage or
max area of 49.5 sq. ft.
• Maximum vertical dimension, sign or
D
logos, 5 feet
• Individual letter and logo height not to
exceed 43 inches
• Minimum distance shall be 5 linear feet
from the Minor sign
• 1.5 sq, ft. / linear foot of store frontage or
max area of 27 sq. ft.
• Maximum vertical dimension, sign or
E
logos, 5 feet
• Individual letter and logo height not to
exceed 43 inches
• Minimum distance shall be 3 linear feet
from the Minor sign
• 1.5 sq. ft. / linear foot of store frontage or
max area of 53.25 sq, ft.
• Maximum vertical dimension, sign or
F
logos, 7 feet
• Individual letter and logo height not to
exceed 43 inches
• Minimum distance shall be 4 linear feet
from the Minor sign
Directional Signage
• Not to exceed 49 sq. ft. in total sign area
Escalator to 2" floor
(can include
Escalator Canopy
restaurant
to o /si na e
Elevator Directional
• Up to 6 signs total
Elevators between F & G
(can include
• Not to exceed 10 sq. ft. each
Elevator in front of Space P
restaurant
to oisi na e
• 1.5 sq. ft. / linear foot of store frontage or
At Landlord's discretion, Tenant
max area of 42 sq. ft.
shall have the right for 1 additional
• Maximum vertical dimension, sign or
wall sign, so long as the total max.
G
logos, 5 feet
sign area does not exceed 54 sq, ft.
• Individual letter and logo height not to
exceed 43 inches
• Minimum distance shall be 1 linear feet
from the Minor sign
Sign chart revised 02 -09 -07 (updated by ZS 03- 13.07)
6i 1
Bel Mare Signs
Space
Primary Frontage
Comments
1.5 sq. ft. / linear foot of store frontage or
max area of 31.5 sq. ft.
Maximum vertical dimension, sign or
H
logos, 5 feet
• Individual letter and logo height not to
exceed 43 inches
• Minimum distance shall be 1 linear feet
from the Minor sign
1.5 sq. ft. / linear foot of store frontage or
max area of 36 sq. ft.
Maximum vertical dimension, sign or
l
logos, 4 feet
• Individual letter and logo height not to
exceed 43 inches
Minimum distance shall be 4 linear feet
from the Minor sign
Sign chart revised 02 -09 -07 (updated by ZS 03- 13 -07)
�5
Bel Mare Signs
Space
Primary Frontage
Comments
■ 1,5 sq. ft. / linear foot of store frontage or
At Landlord's discretion, Tenant
max area of 57 sq. ft.
shall have the right for 2
■ Maximum vertical dimension, sign or
additional wall signs, so long as
logos, 5 feet
the total max. sign area does not
■ Individual letter and logo height not to
exceed 57 sq. ft.
exceed 43 inches
* Minimum distance shall be 1 linear feet
from the Minor sign
* 1.5 sq. ft. f linear foot of store frontage or
At Landlord's discretion, Tenant
max area of 57 sq. ft.
shall have the right for 3
* Maximum vertical dimension, sign or
additional awning signs, so long
K
logos, 5 feet
as the total max. sign area does
* Individual letter and logo height not to
not exceed 57 sq. ft.
exceed 43 inches
■ Minimum distance shall be 3 linear feet
from the Minor sign
■ 1.5 sq. ft. / linear foot of store frontage or
At Landlord's discretion, Tenant
max area of 36 sq. ft.
shalt have the right for 1
■ Maximum vertical dimension, sign or
additional wall sign, so long as
logos, 4 feet
the total max. sign area does not
L
* Individual letter and logo height not to
exceed 45 sq. ft.
exceed 43 inches
* Minimum distance shall be 2 linear feet
from the Minor sign
Directional Sign in
* Not to exceed 10 sq. ft.
* Retail Shops Restaurants
Valet Area
Directional Signs Stairs
■ Not to exceed 15 sq. ft. each
* Between Rite Aid 8 Shops
1.5 sq. ft, / linear foot of store frontage or
max area of 27 sq. ft.
■ Maximum vertical dimension, sign or
M
logos, 4 feet
■ Individual letter and logo height not to
exceed 43 inches
■ Minimum distance shalt be 2 linear feet
from the Minor sign
■ 1.5 sq. ft. / linear foot of store frontage or
max area of 22.5 sq, ft.
■ Maximum vertical dimension, sign or
N
logos, 4 feet
■ Individual letter and logo height not to
exceed 43 inches
■ Minimum distance shall be 2 linear feet
from the Minor sign
■ 1.5 sq. ft. / linear foot of store frontage or
max area of 22.5 sq. ft.
■ Maximum vertical dimension, sign or
logos, 4 feet
■ Individual letter and logo height not to
exceed 43 inches
Sign chart revised 02 -09 -07 (updated by ZS 03- 13 -07)
tQ A
Bel Mare Signs
Space
Primary Frontage
Comments
• Minimum distance shall be 2 linear feet
from the Minor sign
Sign chart revised 02 -09 -07 (updated by ZS 03- 93 -07)
46
Bel Mare Signs
Space
Primary Frontage
Comments
1.5 sq. ft. / linear foot of store frontage or
At Landlord's discretion, Tenant
max area of 21 sq. ft.
shall have the right for 1
• Maximum vertical dimension, sign or
additional wall sign, so long as
P
logos, 4 feet
the total max. sign area does not
Individual letter and logo height not to
exceed 45 sq, ft.
exceed 43 inches
• Minimum distance shall be 2 linear feet
from the Minor sign
1.5 sq. ft. / linear foot of store frontage or
At Landlord's discretion, Tenant
max area of 28 sq. ft.
shall have the right for 1
Maximum vertical dimension, sign or
additional wall sign, so long as
Q
logos, 4 feet
the total max. sign area does not
• Individual tetter and logo height not to
exceed 57 sq. ft.
exceed 43 inches
Minimum distance shall be 1 linear feet
from the Minor sign
1.5 sq. ft. / linear foot of store frontage or
At Landlord's discretion, Tenant
max area of 18 sq. ft.
shall have the right for 2
Maximum vertical dimension, sign or
additional wall signs, so long as
R
logos, 4 feet
the total max. sign area does not
• Individual letter and logo height not to
exceed 72 sq. ft.
exceed 43 inches
Minimum distance shall be 2 linear feet
from the Minor sign
Sign chart revised 02 -09 -07 (updated by ZS 03- 13 -07)
11 ,
Bel Mare Signs
Space
Primary Frontage
Comments
• 1.5 sq. ft. / linear foot of store frontage or
East Elevation
max area of 75 sq. ft.
• Maximum vertical dimension, sign or
Rite Aid Primary
logos, S feet
• Individual letter and logo height not to
exceed 43 inches
• Minimum distance shall be 2 linear feet
from the Minor sign
• 1.5 sq. ft. / linear foot of store frontage or
South Elevation Facing PCH
max area of 37.5 sq. ft.
• Maximum vertical dimension, sign or
Rite Aid -
logos, 8 feet
Secondary 1
• Individual letter and logo height not to
exceed 43 inches
• Minimum distance shall be 2 linear feet
from the Minor sign
• 1.5 sq. ft. / linear foot of store frontage or
Rear of building West Elevation
max area 37.5 sq. ft.
• Maximum vertical dimension, sign or
Rite Aid -
logos, 8 feet
Secondary 2
• Individual letter and logo height not to
exceed 43 inches
• Minimum distance shall be 2 linear feet
from the Minor sign
• 1.5 sq. ft. / linear foot of store frontage or
max area of 75 sq. ft.
• Maximum vertical dimension, sign or
S
logos, 6 feet
• Individual letter and logo height not to
exceed 43 inches
• Minimum distance shall be 2 linear feet
from the Minor sign
• 1.5 sq. ft. I linear foot of store frontage or
max area of 57 sq. ft.
• Maximum vertical dimension, sign or
i
logos, 4 feet
• Individual letter and logo height not to
exceed 43 inches
• Minimum distance shall be 2 linear feet
from the Minor sign
• 1.5 sq. ft. / linear foot of store frontage or
max area of 75 sq. ft.
• Maximum vertical dimension, sign or
U
logos, 4 feet
• Individual letter and logo height not to
exceed 43 inches
• Minimum distance shall be 2 linear feet
from the Minor sign
Sign chart revised 02 -09 -07 (updated by ZS 03- 13 -07)
�1
Bel Mare Signs
Space
Primary Frontage
Comments
• 1.5 sq. ft. / linear foot of store frontage or
max area of 75 sq. ft.
• Maximum vertical dimension, sign or
V
logos, 4 feet
• Individual letter and logo height not to
exceed 43 inches
• Minimum distance shall be 2 linear feet
from the Minor sign
• 1.5 sq. ft. / linear foot of store frontage or
max area of 75 sq. ft.
• Maximum vertical dimension, sign or
W
logos, 4 feet
• Individual letter and logo height not to
exceed 43 inches
• Minimum distance shall be 2 linear feet
from the Minor sign
• 1.5 sq. ft. / linear foot of store frontage or
max area of 75 sq. ft.
• Maximum vertical dimension, sign or
X - Primary
logos, 5 feet
• Individual letter and logo height not to
exceed 43 inches
• Minimum distance shall be 2 linear feet
from the Minor sign
• 1.5 sq. ft. / linear foot of store frontage or
At Landlord's discretion, Tenant
max area of 37.5 sq. ft.
shall have the right for 1
• Maximum vertical dimension, sign or
additional wall sign, so long as
X - Secondary
logos, 5 feet
the total max. sign area does not
• Individual letter and logo height not to
exceed 75 sq. ft.
exceed 43 inches
• Minimum distance shall be 2 linear feet
from the Minor sign
Sign chart revised 02 -09 -07 (updated by ZS 03- 13 -07)
1t"
Exhibit 5
Landscape Plan
Exhibit 6
Applicant's Project
Description/Justification
Letter 11,6
iY if. t....) I
if
December 19, 2oo6
Mr. David Lepo
Planning Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 9266o
RE: Bel Mare, :too — 600 West Coast Highway, Newport Beach
Landscape Plan, Sign Program and Substantial Conformance
Approval on Elevations Changes
Dear Mr. Lepo:
Please find enclosed an application package for the purposes of the Planning
Commission to review the Bel Mare project at loo — 600 West Coast Highway for
compliance with conditions i9 and 21— 25 with regards to landscaping and
signage, as well as, review of changes to the elevations for a finding of substantial
conformance with the original approval. The goals of the changes to the
elevations are in line with the projects intent to upgrade this area and make it a
premier entrance to Mariner's Mile.
The sign program has been designed to subtly brand the project as Bel Mare,
which means "beautiful sea" in Italian, and tastefully identify retailers located
within the project. The name of the project is reminiscent of the architectural
theme of the project; Mediterranean with Italian influence. The name of the
project also relates to the proximity of the project to the ocean.
With regards to elevation changes, subsequent to the January 19, 2oo6 Planning
Commission approval it occurred to the project proponent that there existed a
significant opportunity to create additional public open space at the project,
additional public viewing opportunities, improve pedestrian circulation, and
more evenly distribute parking demand throughout the project It should be
noted, not additional square- footage or substantial changes have been made to
the project, please refer to the enclosed project description for details on how this
achieved.
230 Newport Center Drive, Suite 210 • Newport Beach, CA 92660 • 949-717 -7943 main • 949-717 -7942 fax • vvvmr9ovsol.00m -1 7
Please let us know if you have any questions about this application package or
would like any additional information. You may contact me at (949) 717-7944 or
cora @govsol.com.
Sincerely,
Coralee Newman
Chief Executive Officer
Government Solutions, Inc.
Property Owner's Representative
cc: Doug Beiswenger
Attachments:
i. Application for Review /Use Permit
2. Assessor's Parcel Map and 2 sets of Property Owner Address Labels
3. 20 sets (8 — 24 "x36" and 12 — 11"M") of plans including the following:
i. Site Plan of Ground Level (1)
ii. Site Plan of Ground Level in two sections (2)
hi. Site Plan of Subterranean Level (1)
iv. Site Plan of Subterranean Level in sections (2)
v. Elevation (i.)
4. Conditions i9 and 21- 2$
1X
Project Description
Bel Mare (a.k.a. Mariner's Mile Gateway)
ioo — 600 West Coast Highway
Bac g d
On January 19, 2006 the Newport Beach Planning Commission approved the Mitigated
Negative Declaration, Development Plan No. 2004 -001, Use Permit No. 2004 -025 and
Modification Permit No. 2005 -117 (PA2oo4 -z4i) to allow the development of a 56,000
square -foot shopping center and two -level subterranean parking garage at the above
mentioned site. The Use Permit allows buildings up to 34'6" in height and the
Modification Permit allows a landscape planter to be built less than the required width
of 4 -feet along Coast Highway. The project also includes the dedication of right -of -way
along Coast Highway for widening adjacent to the site.
As part of the approval, conditions were placed on the project that require the Planning
Commission's review of the sign program and landscape plan. A copy of the conditions
that address these items are enclosed, they are conditions i9 and 21— 25.
In addition, this submittal is requesting that the Planning Commission review changes
to the elevations for a finding of substantial conformance with the original approval.
Sign Program
Comprehensively designed
In substantial conformance with the city's sign ordinance
A comprehensive sign program has been designed in a cohesive manner to subtly brand
the project as Bel Mare. Bel Mare, meaning "beautiful sea" in Italian, tastefully
identifies retailers located within the project. The signs of the project are in an
architectural theme that complements the theme of the project; Mediterranean with
Italian influence. The name of the project also relates to the proximity of the project to
the ocean.
The tenant signs over each tenant's premises will be tastefully designed and crafted to
coincide with the upscale architecture and theme of the project. Tenant signs will not be
plastic colored backlit channel signs seen in typical "strip" centers, but rather will be
unique, halo or spot lit, metallic or wool in appearance, peg mounted signs.
The tenant directory signs will not be highly visible from the public right of way,
nonetheless will be tasteful and in keep in the theme of the project.
Wayfinding signs will also be tasteful and in keeping with the theme of the project,
however also effective for their purpose in effectively promoting safe and efficient
pedestrian and vehicular travel within the project.
15
The only monument sign for the project will be a relatively small monument sign at the
southeast corner of the project site, adjacent to the intersection of W. Pacific Coast
Highway and Dover Drive, and the only identification sign on the monument will be
"Bel Mare."
Elevation cha_ms
Subsequent to the Planning Commission's January lg, 2006 approval of the project, it
was determined by the development team that the project would be significantly
enhanced with a minor refinement to the elevation. The proposal is to separate the
second floor building area into two distinct building areas — creating a better overall
balance. The separation also provides for a broader second-level public area with
improved opportunities for pedestrian access and public gathering spaces.
A secondary benefit to the project with this adjustment is an overall improvement in
parkin distaa'bution. The opening of the second level via a westerly shift of a portion of
the budding improves pedestrian access to parking as there is more parking provided in
the westerly section of the parling garage. To further facilitate the interface to the
parking, two escalators have been added to the project While bo#b of the escalators are
centrally located, one is from the subterranean garage to the street level, and the other
from the street level to the public areas on the second level,
We believe these modifications are minor in nature, but provide overall improvements
to the project. We are requesting that the Planning Commission approve these
modifications and deem them in substantial conformance with the approved project.
Exhibit 7
Comparison Plans for
Substantial
Conformance Review -)5
Exhibit 8
Correspondence
Received
J�P
RECEIVED BY
PIAPININ'r; DEPARTMENT
F") k .:.7
Feb. 14, 2007 (� �q `}T net
Newport Beach Planning Commission CITY ` l r i c,'W c,�1r l PEACH
3300 Newport Blvd.
Newport Beach, CA 92663
Frank Eisendrath
104 Kings
Dear Sec. Robert Hawkins and fellow Commissioners,
Re: Public Notice
Comprehensive Sign Program CS2006 -012
PA2006 -279
MY Property is directly above the proposed project. My concerns are numerous, however, of immediate
concern is that there be no view obstruction from my existing view on my properly. This would include
landscaping and signs. Pemtanent restriction on tree heights is a must. Lighted sign would not be allowed
to reflect onto my property.
Also, whatever grading to be done, make sure the bluff is secure. Adequate insurance to insure no cracks
will occur in my pool, cement patio or house from the heavy equipment and earth moving. I still have
concerns if the bluff will be stable with no slippage to cause my property damage.
Please consider this letter adequate notice if I need to challenge this project in court as I am unable to attend
your public hearing.
Sincerely,
9 &
Frank Eisendrath
104 Kings
Newport Beach, CA 92663
(949) 645 -9127
'11