HomeMy WebLinkAboutSanta Barbara Condos-Lennar Homes (PA2004-169) 900 Newport Center DrCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda. Item No. 5
November 3, 2005
TO: PLANNING COMMISSION
FROM: Rosalinh Ung, Associate Planner
(949) 644 -3208
rung @ city. newpo rt- beach. ca. us
SUBJECT: Santa Barbara Condominiums
900 Newport Center Drive
General Plan Amendment No. 2004 -005
LCP Land Use Plan Amendment No. 2005 -001
Planned Community Development Plan No. 2005 -003
Tentative Parcel Map No. 2005 -014
Tentative Tract Map No. 2004 - 004(16774)
Traffic Study No. 2005 -002
Coastal Residential Development Permit No. 2005 -004
Mitigated Negative Declaration
(PA2004 -169)
APPLICANT: Lennar Homes
REQUEST
The applicant proposes to construct 79 condominiums on a 4.25 acre site presently
developed with an outdoor tennis complex operated by the Newport Beach Marriott Hotel.
The development consists of three separate buildings that are approximately 65 feet high
and a 201 -space subterranean parking structure. The project involves the following
discretionary applications for the Planning Commission to consider:
• General Plan Amendment/LCP Land Use Plan Amendment - Change the land
use designation of the 4.25 -acre site from Administrative, Professional, & Financial
Commercial to Multiple - Family Residential.
Acreage - Rezone the subject property from APF to the PC District; adopt a
Planned Community Development Plan to establish use and development
regulations; and consider a waiver of the 10 -acre minimum land area requirement
for Planned Community District adoption.
Subdivision - Tentative Parcel Map to subdivide the 4.25 -acre property from the
13.79 -acre Marriott Hotel development. Tentative Tract Map to subdivide the 4.25 -
acre property for condomimium ownership.
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• Traffic Stud v — Traffic analysis pursuant to the Traffic Phasing Ordinance (TPO).
• Coastal Residential Development Permit — For affordable housing inclusion in
accordance with the Municipal Code and Housing Element of the General Plan.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of General Plan
Amendment No. 2004 -005, LCP Land Use Plan Amendment No. 2005 -001, Planned
Community Development Plan No. 2005 -003, Tentative Parcel Map No. 2005 -014,
Tentative Tract Map No. 2004 -004 (16774), Traffic Study No. 2005 -002, Coastal
Residential Development Permit No. 2005 -004 and Mitigated Negative Declaration to
the City Council by adopting the attached draft resolution.
PROJECT DESCRIPTION
Site Description
The 4.25 -acre site is currently being used as a tennis club operated by the Newport
Beach Marriott Hotel. There are eight outdoor tennis courts, a clubhouse and ancillary
uses on the property which are surrounded by landscaping on all sides. The subject
property has a relatively flat terrain, and slopes down to the west. Vehicle and
pedestrian access to the site is provided by a driveway on Santa Barbara at the
southeasterly corner of the site.
Project Description
The project consists of three separate buildings housing a total of 79 residential
condominium units with eight different floor plan options, ranging from 2,363 to 4,018
square feet in size. All existing improvements will be demolished and removed for the
development of the proposed project. The architecture of the project would be of old
world Mediterranean hillside homes with bold colors, rich detailings and generous use of
decks and Juliet balconies. Large expanses of glass, decks and balconies will be used to
take advantage of ocean views.
Access to the new residential development will be via two driveways from Santa Barbara
Drive. The main entrance is designed to provide access for the residents and guests of the
two most southerly buildings and the parking garages. The second driveway is designed
for the residents and guests with access to the most northerly building and the
underground parking garage. The project is designed with two subterranean parking
levels, with 201 parking spaces for residents and guests.
The proposed project would provide approximately 79,140 square feet of open space
throughout the development and approximately 21,300 square feet of recreation area
consisting of passive uses such as meandering walkways, water fountains, and seating
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November 3, 2005
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areas with barbeques. Supportive services and amenities that may be provided on -site
include valet parking and maid and room services. It is also planned that the Marriott
Hotel's swimming pool and spa facilities will be made available for the residents. The
minimum building front, side, and rear setbacks proposed for the development are 15, 7
and 13 feet respectively.
Building and Parking Summary
Building
Unit Count (dwelling unit
Parkin Resident+Guest
Building 1
27
70(55+15)
Building II
31
78(62+16)
Building III
21
53(42+11)
Total
79
201(159+42)
DISCUSSION & ANALYSIS
Land Use Element and 1990 Local Coastal Program
Land Use Plan (LCPLUP) Designation Change
The project is located in Block 900 — Hotel Plaza of Newport Center (Statistical Area L1)
of the Land Use Element and has a land use designation of Administrative, Professional
& Financial Commercial (APF). This area is bounded by Newport Center Drive, the
Balboa Bay Tennis Club, the Newport Beach Country Club, Jamboree Road and Santa
Barbara Drive. The allowed development for this area is 611 hotel rooms with ancillary
hotel support facilities, 19,630 square feet of office development, and 67 residential
dwelling units (the Granville townhouse development). The Marriott Hotel facility
currently has 532 rooms (79 rooms below the total 611 room allocation).
The project proposes a change to the General Plan land use designation of the 4.25 -
acre site from Administrative, Professional & Financial Commercial to Multi - Family
Residential with no reduction of hotel rooms possible. The current LCPLUP and the Land
Use Element of the General Plan have the same land use designation and identical
policies for the project site. The amendment is necessary because the proposed
residential use is not permitted in the APF designation. The change in land use would
result in a 4.25 -acre reduction in land available to be potentially used for office uses
consistent with the APF designation. However, within the Newport Center, there is
approximately 200 acres designated APF and the two percent (2 %) reduction proposed
by the project, is not, in staffs opinion, a significant reduction.
According to the Land Use Element, the Multi- Family Residential land use designation
is applied where multiple dwelling units are allowed on a single subdivided lot. Smaller
condominium and other individually attached housing project are also given the
designation, and this category allows either single ownership or condominium
development. The proposed residential condominium project therefore is consistent with
the proposed Multi - Family Residential land use designation and would be compatible
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November 3, 2005
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with the residential developments to the south and northeast of the site. Residential is
also compatible with the adjacent hotel and golf course. Staff also does not view the
project as incompatible with the office uses across Santa Barbara Street. The proposed
residential project would add an additional 79 units to the Block 900 — Hotel Plaza area,
an increase from 67 to 146 units.
The Land Use Element has 12 general policies to guide consideration of the potential
amendments. The following discussion relates to those general land use policies that
are applicable to the proposed project.
A. The City shall provide for sufficient diversity of land uses so that schools,
employment, recreation areas, public facilities, churches and neighborhood
shopping centers are in close proximity to each resident of the community.
The proposed project is located in an area of the City that has multiple uses presently.
Fashion Island shopping center, Pacific Financial Plaza, and Newport Beach Marriott
Hotel are commercial and office development areas located east and south of the site.
Residential use comprised of two multi - family developments (The Colony and Granville)
are located northeasterly and southerly of the site, and the Newport Beach Country
Club golf course is located along the westerly side of the site. Changing the land use
designation will allow a new residential use in the area in close proximity to the existing
diversity of uses.
D. The siting of new buildings and structures shall be controlled and regulated to
ensure, to the extent practical, the preservation of public views, the preservation
of unique natural resources, and to minimize the alteration of natural landforms
along bluffs and cliffs.
No public views exit through the site and the site is not a coastal/bluff or cliff, therefore,
the project is consistent with this policy.
F. The City shall develop and maintain suitable and adequate standards for
landscaping, sign control, site and building design, parking and undergrounding
of utilities and other development standards to ensure that the beauty and charm
of existing residential neighborhoods are maintained, that commercial and office
projects are aesthetically pleasing and compatible with surrounding land uses
and that the appearance of, and activities conducted within industrial
developments are also compatible with surrounding land uses and consistent
with the public health, safety and welfare.
The proposed PC Text contains one classification of land use and provides the
development standards for the subject property. The draft PC Text contains
development regulations for the subject site which includes definitions and information
concerning requirements for development site coverage, building height, setbacks, off -
street parking, vehicular access, signing, lighting, storage, and screening and
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landscaping to ensure that the project would be compatible with the surrounding land
uses.
Housing Element
According to Goal 2 of the Housing Element, the City is required to provide a balanced
residential community, comprised of a variety of housing types, designs, and
opportunities for all social and economic segments, including very low -, low -, moderate -
and upper- income individuals and households. To achieve this goal, Housing Policy 2.2
encourages the. housing development industry to respond to housing needs of the
community and to the demand for housing as perceived by the industry, with the intent
of achieving the Regional Housing Needs Assessment construction goals within the five
year (2000 -2005) housing plan. Implementation of this Policy, Housing Program 2.2.1,
calls for the City to require the inclusion of affordable housing in new residential
developments or levy an in -lieu fee, depending on the project size. The city's goal over
the five -year planning period is for an average of 20 percent of all new housing units to
be affordable to very low, low- income and moderate income households. The units can
be provided either on -site or off -site with the City approval.
Housing Program 2.2.3 applicable only within the coastal zone, requires all affordable
housing within new projects of 10 or more units and the units should be located on -site
if feasible; alternatively, off -site but within the Coastal Zone. Housing Program 2.2.4
requires all affordable units to have restrictions to maintain their affordability for a
minimum of 30 years. The applicant contends that providing the units on -site is not
feasible (see Exhibit 2). Should the City accept this argument, providing the units off -site
is an option that is consistent with Program 2.2.1. If the Commission rejects the
argument of infeasibility, on -site production will be required.
To be consistent with these goals, policies and programs, the project is required to
provide a minimum of 20% of the total units (16 units) for affordable income households
for a minimum of 30 years. The applicant will be required to enter into an agreement
with the City to provide said units either on the subject site or off -site within the City's
limits. The agreement will be reviewed and approved by the City Attorney and will be
executed prior to the recordation of the subdivision maps or the issuance of a building
or grading permit for the proposed project.
Lastly, Goal 3 of the Housing Element encourages the City to extend housing
opportunities to as many renter and owner occupied households as possible in
response to the demand for housing in the City. Under this goal, Housing Program 3.2.4
allows the City to consider and approve rezoning of developed or vacant property from
non - residential to residential uses when appropriate. The project is consistent with this
program.
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Charter Section 423 Analysis
Council Policy A -18 requires that proposed General Plan amendments be reviewed to
determine if a vote would be required. If a project generates more than 100 peak hour
trips, 40,000 square feet of non - residential floor area or exceeds 100 dwelling units, a
vote of. the citizens would be required if the . Council approves the suggested
Amendment. The proposed amendment requests approval 79 dwelling units and it does
not include any commercial floor area; therefore, it does not exceed these two
thresholds. The project generates more traffic than the existing tennis courts using ITE
trip generation rates. Therefore, a vote would not be required based upon that criteria.
However, the analysis below reveals that the increased AM and PM peak hour trip
increase is below the peak hour trip threshold.
Use
AM Trips
PM Trips
Tennis courts 8
13
31
79 condominiums 2
52
66
Difference
39
35
ITE trip rate #491 for tennis courts
ITE Trip rate #231 for low -rise condominium
Although the proposed project does not exceed any of the identified thresholds; it is
considered a minor amendment. Charter Section 423 requires that 80% of increases
(units, area or traffic) from prior general plan amendments within the same statistical
area be added to the traffic generated by the project to see if cumulatively a vote would
be required. There were two prior amendments approved for Statistical Area L1, and the
following chart shows the area and peak hour trips analysis.
Amendment
Area
# of
A.M. Peak
P.M Peak Hour
Dwelling
Hour Trips
Trips
Units
Pacific Republic
2,400 s.f. (80% of
0
4.0 (80% of 5)
4.0 (80% of 5)
GP2001 -003
3,000
Newport Sports
Museum
1,240 s.f.(80% of
0
4.0 (80% of 5)
4.8 (80% of 6)
GP2004 -001
1,550
Proposed
Amendment
79
39
35
Total
3,640 s.E
79
147
143.8
As indicated in the preceding table, the project with "prior amendments" do not exceed
the 100 peak hour trip, 40,000 square foot or 100 dwelling unit thresholds and a vote
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November 3, 2005
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pursuant to Charter Section 423 is not required. Should the City Council approve the
proposed amendment, it to will become a "prior amendment" that will be tracked for ten
years.
The proposed changes to Statistical Area L1 pertaining to Block 900 — Hotel Plaza is
shown as Exhibit "A" of the draft Planning Commission Resolution (Exhibit 1).
Proposed 2004 Local Coastal Program Land Use Plan
The City is in the process of updating this LCPLUP. The updated LCPLUP was approved
by the City in May 25, 2004. The California Coastal Commission (CCC) approved a
modified version on October 13, 2005. The modified document must be adopted by the
City Council and confirmed by the CCC before it can take effect, and a hearing date at
City Council has tentatively been scheduled for December 13, 2005. Due to status of the
new LCPLUP, the City must consider the amendment in the content of the new plan. The
new Land Use Plan designates the site for Visitor - Serving Commercial (CV -B) uses. This
designation was applied due to the existing use of the Marriott Hotel complex. The change
in land use designation from CV -B to RM -C (Medium Density Residential C) is necessary
to implemented for the proposed residential development.
The CV designation is intended to provide commercial land for accommodations, goods,
and services intended to primarily serve the needs of visitors of Newport Beach. Whereas,
the RM -C would allow residential developments with density ranges from 15.1 to 20 units
per gross acre. The proposed density for the project is 18.59 units per gross arce and the
RM -C designation is the most appropriate. The change in land use designation will reduce
the land available for visitor serving commercial uses by 4.25 acres. Although the
reduction in area occurs, the opportunity to construct the remaining hotel room entitlement
of 79 rooms would not be lost and it could be constructed nearby within the portion of
Newport Center that is located within the Coastal Zone. The change in land use does not
impact the adjacent visitor serving uses other than to eliminate the accessory tennis
courts, which is not a coastal dependent recreational activity.
The proposed 2004 LCP /LUP has land use and development policies to guide
consideration of projects. The following discussion relates to those general land use
policies that are applicable to the proposed project.
Location of New Development
2.2.1 -2 Require new development be located in areas with adequate public services
or in areas that are capable of having public services extended or expanded
without significant adverse effects on coastal resources.
The project is located within Newport Center where public services and infrastructure are
available to serve the proposed development. Additionally, all applicable improvements
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required by Section 19.28 (Subdivision Improvements) of the Subdivision Code are to be
satisfied by the applicant.
Parking
2.9.3 -2. Continue to require all development shall provide adequate off - street
parking to serve the approved use in order to minimize impacts to public
on- street and off - street parking available for coastal access.
The parking requirement for multiple - family residential zoned project is two spaces per
unit, including one covered, plus 0.5 spaces for guest parking for developments of four
or more units. A total of 158 spaces are required for the residences and a minimum of
40 spaces are required for guest parking. A total of 201 spaces are proposed to serve
the project, and therefore, the project meets the parking requirements of the Municipal
Code.
2.9.3 -3 Continue to require off - street parking in new development to have
adequate dimensions, clearances, and access to insure their use.
In addition to the provision of adequate on -site parking requirement, the project is
conditioned that the parking designs to meet all City requirements regarding parking
stall width, depth, grade, and aisle- turning radii.
Coastal Act Analysis
Section 30250(a) of the California Coastal Act (CCA) provides criteria for the location of
new development. The Coastal Act provides for the protection of coastal resources by
requiring that new development be located in close proximity to existing development
with available public services.to minimize the impacts associated with the extension of
infrastructure and services. The project is located within Newport Center, which is a
development area with all public services (utilities, roads, police, fire etc.) presently
provided.
Section 30252(4) requires new development within the Coastal zone to provide adequate
parking facilities or providing substitute means of serving the development with public
transportation. The proposed development provides an adequate number of on -site
parking spaces. The project also will be conditioned to their parking structures to have
adequate dimensions, clearances, and access to insure their proper use.
Section 30212, requires public access must be provided from the nearest public roadway
to the shoreline and along the coast in new development. As previously discussed, the
subject property is not adjacent to the ocean or bay; therefore, coastal access
easements are not required.
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Section 30222 requires the use of private land suitable for visitor - serving commercial
recreational facilities for coastal recreation must have priority over private residential,
general industry, or general commercial development. Although residential use is not a
priority use, the site is not located in close proximity to coastal resources, coastal
recreational uses or the waterfront. Additionally, the opportunity construct the coastal
visitor serving uses remains available within portion of Newport Center that is located
within the Coastal Zone.
In summary, it is not anticipated the requested change to the 1990 LCPLUP or the
proposed 2004 LCPLUP would create significant impacts to the implementation of land
use plan as environmentally sensitive habitat areas, shore -line public access, water or
marine resources, and coastal visitor - serving facilities would not be impacted given the
nature and location of the site and design of the project. Considering the location of the
project, the proposed residential development would not be in conflict with the Coastal
Act.
Planned Community District
In addition to the General Plan and Local Coastal Program amendments, the applicant
desires approval of a Code Amendment to change the zoning designation of the subject
property from Administrative, Professional & Financial to Planned Community (PC)
District in order to accommodate the proposed multiple - family residential development.
Waiver of Minimum Area Requirement for PC District
In order to meet the objectives set forth in Section 20.35.010 of the Municipal Code, an
application for a planned community district shall contain a minimum of 25 acres of
unimproved land area or 10 acres of improved land area. The subject site would qualify
as an improved land area and, therefore, is subject to the 10 -acre minimum land area
requirement. Because, as the property is 4.25 acres in size, a waiver of the minimum
acreage requirement is necessary. The Planning Commission must consider and
approve such request prior to the consideration of a zone change application pursuant
to Section 20.35.020.
The proposed PC District is designed to accommodate a single, multiple - family
residential development within an area of 4.25 acres. The size and type of the
development alone does not meet the intent and purposes for a PC adoption as
specified in Section 20.35.010. The project, as designed, will not provide the
coordination of parcels to take advantage of the superior environment which can result
from large -scale community planning, does not allow diversification of land uses, nor
include various types of land uses within the development plan. As a stand alone
project, it would not meet the intent for a PC District adoption; however, if the issue is
considered in a larger context beyond the site's boundaries given its location in the
Newport Center area, the basic intent of PC zoning might be met. Newport Center has
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been developed and continues to provide a unique mixture of land uses that is highly
desirable to the community as a place to work, live and play. Newport Center includes a
mixture of shopping, hotels, commercial support uses, professional offices, and
residential developments that cohesively contain the ingredients of a planned
community. In that context, the proposed development adds to this diversity assisting
the City in larger scale community planning. Within the boarder context of Newport
Center, staff believes that the waiver could be supported. It is also worth mentioning
that the City has adopted several successful PC Districts that contain single land use
development such as the Sea Island Apartments and Villa Point Apartments that do
meet the acreage standards.
Development Plan
Condominiums as proposed in this application are typically permitted in the MFR
District. The project as designed does not meet the minimum building setbacks and it
exceeds the maximum allowable floor area limit (FAR) in the MFR zone. It is the
applicant's desire to create a residential community through a PC District zoning
adoption that allows flexibility in establishing unique development standards for the
subject site that the MFR zone was not designed for. The MFR zoning classification is
designed for the small scale multiple - family lots /development with individual garages.
The proposed project is a mid -rise residential development with a common underground
garage that is defined as gross floor area, and the FAR standard of the MFR zone does
not provide sufficient area given the proposed design. Furthermore, an approval of the
PC District for the project site is needed due the irregular- shaped (narrowness) of the
project site as the application of MFR setbacks reduces the buildable area such that
when this type of development would not be achievable without deviation and a
modification permit. The adoption of PC zoning district would allow the site to be
developed with flexibility in establishing development standards such as minimum front,
rear, and side yard dimensions and density, as determined appropriate by the Planning
Commission for the type of project proposed, and set forth in the PC Development Plan.
The draft PC Text contains development regulations for the subject site which includes
definitions and information concerning requirements for development site coverage,
building height, setbacks, off - street parking, vehicular access, signing, lighting, storage,
screening and landscaping, etc.
As proposed, the building height may not exceed 65 feet; staff finds the proposed
building height for the development is acceptable as the subject property is located in
the high rise height limitation zone that allows buildings to be 375 feet. The proposed
floor area ratio for the property is 1.90 in order to accommodate the subterranean
parking. It is slightly higher than the traditional limitation of 1.75 in the MFR zone. A total
201 parking spaces will be provided for the development which equate to 2 spaces for
resident and 0.5 space for guest per each unit. The project has variable building
setbacks due to the nature of the site design and the narrow depth of the property
available for development. Staff finds the proposed building setbacks are acceptable as
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the site is not adjacent to sensitive uses, and is surrounded by open space to the north
and west. The placement of buildings along Santa Barbara Drive does not appear to
overshadow the street frontage as the street is approximately 76 feet wide and the variable
landscaped front yard will give the visual impression that the buildings are situated further
back from the public right -of -way.
Proposed Development Standards
Density
79 units 18.59 units per gross acre
FAR
1.90
Building
Height
65 feet maximum
Building Front
Setback
15 feet minimum (varies)
Building Side
Setback
7 feet minimum (varies)
Rear Setback
13 feet minimum varies
Parking
2 spaces per unit for resident and
0.5 space for guest
Staff believes that should the General Plan and Local Coastal Program amendments be
approved, the PC zoning designation is appropriate for this location and would be
consistent with other residential developments in Newport Center.
Subdivisions Compliance — Parcel and Tract Maps
In order to facilitate the residential development, the applicant requests an approval of a
parcel map to divide the 4.25 -acre project site from the Marriott hotel complex for financing
and development purposes. Lot No. 1 is 4.25 acres in size to be devoted for the proposed
residential project and Lot No. 2 contains the remaining 9.54 acres to continue to be
occupied by the Newport Beach Marriott Hotel. The subsequent tract map is proposed for
the condominium ownerships. Pursuant to Section 19.12.070 of the City Subdivision Code,
the following standard findings must be made to approve the tentative parcel map and
tract map. If the Planning Commission determines that one or more of the findings listed
in relation to either map cannot be made, the tentative parcel map or tract map must be
denied.
That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with
applicable provisions of the Subdivision Map Act and this Subdivision Code.
As noted in the previous sections, staff believes that the project can be found
consistent with the proposed General Plan designation. Should the proposed
GPA not be approved, this finding cannot be made given the proposed uses,
design and improvements proposed by the applicant. The Public Works
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Department has reviewed the proposed tentative maps and believes that they
are consistent with the Newport Beach Subdivision Code (Title 19) and
applicable requirements of the Subdivision Map Act. Conditions of approval have
been included to ensure compliance with Title 19.
2. That the site is physically suitable for the type and density of development.
Lot 1 is being proposed for the residential development and is of sufficient size
for the intensity of development and the site is physically suitable for the project.
The 4.25 -acre site will have a maximum building gross square footage of
351,747 square feet that equates to an approximate floor area ratio of 1.90. The
project provides an. adequate number of parking spaces as required by the
Zoning Code. Access to the site can be provided through the proposed
driveways along Santa Barbara Drive. Additionally, no earthquake faults were
found on -site. There is no known incidence of landslide, lateral spreading,
subsidence, liquefaction, or collapse on -site or near the site; however, existing
soils will be required to be excavated and re- compacted to create stable soil
conditions to support the proposed development. The implementation of
mitigation measures identified in the draft Mitigated Negative Declaration would
reduce any potential impacts. The site therefore, is physically suitable for
development.
Lot 2 is proposed to retain a General Plan land use designation of Administrative,
Professional & Financial Commercial. Lot 2 is not proposed for new
development, although the existing development is current undergoing
substantial renovations.
3. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure
fish or wildlife or their habitat. However, notwithstanding the foregoing, the
decision- making body may nevertheless approve such a subdivision if an
environmental impact report was prepared for the project and a finding was made
pursuant to Section 21081 of the California Environmental Quality Act that
specific economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
A Mitigated Negative Declaration has been prepared and it concludes that no
significant environmental impacts will result with proposed development of the
site in accordance with the proposed subdivision maps; therefore, staff believes
this finding can be met.
4. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
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Under the proposed parcel map, Lot 2 does not include any improvements other
than renovations currents under construction and the development of Lot 1 as a
residential use is not expected to cause serious public health problems given the
use of typical construction materials and practices. No evidence is known to exist
that would indicate that the proposed subdivisions will generate any serious
public health problems. All mitigation measures will be implemented as outlined
in the Mitigated Negative Declaration to ensure the protection of the public
health.
5. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision. In this connection, the decision- making
body may approve a map if it finds that alternate easements, for access or for
use, will be provided and that these easements will be substantially equivalent to
ones previously acquired by the public. This finding shall apply only to
easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to the City Council to
determine that the public at large has acquired easements for access through or
use of property within a subdivision.
No public easements for access through or use of the property have been
retained for the use by the public at large. Public utility easements for utility
connections that serve the project site are present and will be modified; if
necessary, to serve the proposed project.
6. That, subject to the detailed provisions of Section 66474.4 of the Subdivision
Map Act, if the land is subject to a contract entered into pursuant to the California
Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a
subdivision of the land would not be too small to sustain their agricultural use or
the subdivision will result in residential development incidental to the commercial
agricultural use of the land.
The site is not subject to a Williamson Act contract; therefore, this finding does
not apply.
7. That, in the case of a land project' as defined in Section 11000.5 of the
Califomia Business and Professions Code: (a) there is an adopted specific plan
for the area to be included within the land project, and (b) the decision- making
body finds that the proposed land project is consistent with the specific plan for
the area.
The subject property is not located within the boundaries of a specific plan.
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8. That solar access and passive heating and cooling design requirements have
been satisfied in accordance with Sections 66473.1 and 66475.3 of the
Subdivision Map Act.
Title 24 of the. Uniform Building Code requires new construction to meet minimum
heating and cooling efficiency standards depending on location and climate. The
Newport Beach Building Department enforces Title 24 compliance through the
plan check and field inspection processes.
9. That the subdivision is consistent with Section 66412.3 of the Subdivision Map
Act and Section 65584 of the California Government Code regarding the City's
share of the regional housing need and that it balances the housing needs of the
region against the public service needs of the City's residents and available fiscal
and environmental resources.
The proposed subdivision facilitates the creation of 79 new residential units.
Because 16 affordable units will be provided either on or off -site, it will assist the
City in meeting its housing needs as identified in the Regional Housing Needs
Assessment. Public services are available to serve the proposed development of
the site and the Mitigated Negative Declaration prepared for the project indicates
that the project's potential environmental impacts are expected to be less than
significant.
10. That the discharge of waste from the proposed subdivision into the existing
sewer system will not result in a violation of existing requirements prescribed by
the Regional Water Quality Control Board.
Waste discharge into the existing sewer system will be consistent with residential
use of the property which does not violate Regional Water Quality Control Board
( RWQCB) requirements. The RWQCB did not provide any comments related to
the proposed Mitigated Negative Declaration during the 30 -day review period.
11. For subdivisions lying partly or wholly within the Coastal Zone, that the
subdivision conforms with the certified Local Coastal Program and, where
applicable, with public access and recreation policies of Chapter Three of the
Coastal Act.
The proposed subdivision is entirely within the coastal zone and the site subject
of the tentative maps is not presently developed with coastal - related uses,
coastal- dependent uses or water - oriented recreational uses. As noted previously,
staff believes that the project is consistent with the Coastal Act.
17
Santa Barbara Condominiums
November 3, 2005
Page 16
Traffic Study
The traffic study identifies the potential traffic and circulation impacts associated with
the proposed development. A traffic study is required when a project will generate more
than 300 average daily trips pursuant to the Traffic Phasing Ordinance (TPO). The City
Traffic Engineer prepared a preliminary estimate of trips and concluded that a traffic
study would be required. A traffic study has been prepared by Kunzman Associates
under the supervision of the City Traffic Engineer pursuant to the TPO and its
implementing guidelines (Appendix D of the Mitigated Negative Declaration), CEQA
analysis for cumulative projects and intersection capacity utilization (ICU), and General
Plan analysis. The project will result in a net increase of 330 new average daily trips, 42
vehicle trips during morning (AM) peak hour and 39 vehicle trips during the afternoon
(PM) peak hour. Fourteen (14) intersections were identified by the Traffic Engineer for
inclusion in the study. The TPO analysis resulted in nine (9) out of fourteen (14) study
intersections that exceed the one - percent threshold. Intersection Capacity Utilization
analysis was performed on the following 9 intersections:
1. Jamboree Road at Eastbluff /Ford Road
2. Jamboree Road at Santa Barbara Drive
3. Santa Cruz Road at San Joaquin Hills Road
4. Santa Cruz Road at San Clemente Drive
5. Newport Center Drive at Santa Barbara Drive
6, Newport Center Drive at Coast Highway
7. Santa Rosa /Big Canyon at San Joaquin Hills Road
8. MacArthur Boulevard at Ford Road
9. MacArthur Boulevard at San Joaquin Hills Road
The study concluded that the project related traffic does not cause an unsatisfactory
level of service at any of these intersections and no significant impact occurs and no
improvements are required at these intersections.
Coastal Residential Development Permit (CRDP)
The project requires a Coastal Residential Development Permit pursuant to Chapter 20.86
of the Municipal Code when a project proposes to create 10 or more units within the
coastal zone. The amount of affordable units to be created is based upon the Housing
Element was discussed previously. Affordable housing must be included within the project
unless it can be determined not feasible. The applicant contends that on -site production is
not feasible (see Exhibit No. 4) therefore, off -site production will be required in accordance
with implementation of Housing Element Program 2.2.1 as discussed above. In
compliance with the goals and policies of the Housing Element, the project is conditioned
to provide 16 units for affordable income households.
lW
Santa Barbara Condominiums
November 3, 2005
Page 17
Environmental Review
A Mitigated Negative Declaration (MND) has been prepared by David Evans and
Associates, Inc. for the proposed project in accordance with the implementing
guidelines of the California Environmental Quality Act (CEQA). The MND is attached as
Exhibit No. 3 for consideration. The MND identifies seven (7) issue areas where 35
mitigation measures are identified. Those issues are: Air Quality, Cultural Resources,
Geology and Soils, Noise, Public Services, Transportation/Traffic, Utilities and Service
Systems. With the implementation of the suggested mitigation measures, the project's
environmental impacts will be reduced to less than significant levels. The document was
initially prepared to evaluate the project with traditional zoning of Multipte- Family
Residential, follow by a 30 -day review period from July 15 to August 15, 2005.
Since then, it was determined that the most appropriate zoning designation for the
property would be PC (Planned Community). This new zoning designation does not
affect the size, scope or design of the project that would potentially create additional
physical environmental impacts. Therefore, staff believes that the MND adequately
describes the potential impacts of the project and does not require additional
recirculation and review of the MND. An addendum has been prepared to address the
change in the zoning designation and attached to the MND for the Planning
Commission to consider.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property (excluding roads and waterways) and posted at the site a
minimum of 10 days in advance of this hearing consistent with the Municipal Code. The
environmental assessment process has also been noticed in a similar manner and all
mandatory notices per the California Environmental Quality Act have been given.
Finally, the item appeared upon the agenda for this meeting, which was posted at City
Hall and on the city website.
Summary
Staff believes that findings necessary for project approval can be made. It is staffs
opinion the 79 -unit condominium project would not prove detrimental to the area
because the project will provide additional residential opportunities compatible with the
surrounding area of Newport Center. The proximity to goods and services is also
advantageous.
Should the Planning Commission conclude that the project as proposed would not be
compatible with the surrounding uses and that the project would not be appropriate for
the site; the project should be denied or modified to address issues of design or density
Ij
Santa Barbara Condominiums
November 3, 2005
Page 18
if a redesigned project is advisable; staff recommends a continuance to allow the
applicant time to revise their plans accordingly should this course of action be sought.
Prepared by:
Exhibits:
Submitted by:
01w, Qz::4
M. Ung, Ass ci to Planner Patricia L. Temple, Planning Director
1. Planning Commission Resolution No. 2005-
2. Applicant's Letter of Request & Off -site Housing Analysis
3. Mitigated Negative Declaration & Initial Study (Errata & Responses to Public
Comments attached)
4. Project Plans
ZA
EXHIBIT 1
DRAFT PLANNING COMMISSION
RESOLUTION
ti
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL
ADOPT MITIGATED NEGATIVE DECLARATION (SCH NO. 2005-
071067) AND APPROVE GENERAL PLAN AMENDMENT NO. 2004-
005, LCP LAND USE PLAN AMENDMENT NO. 2005 -001, PLANNED
COMMUNITY DEVELOPMENT PLAN NO. 2005 -003, TENTATIVE
PARCEL MAP NO. 2005 -014, TENTATIVE TRACT MAP 2004 -004
(TRACT 16774), TRAFFIC STUDY NO. 2005 -002, AND COASTAL
RESIDENTIAL DEVELOPMENT PERMIT NO. 2005 -004 FOR
PROPERTY LOCATED AT 900 NEWPORT CENTER DRIVE (PA 2004-
169).
WHEREAS, an application was filed by Lennar Homes with respect to property
located at 900 Newport Center Drive, and legally described as Parcel 1, as per map filed in
Book 75 pages 33 and 34 of parcel maps, in the office of The County Recorder to
construct 79 residential condominiums on a 4.25 -acre site presently developed with tennis
courts operated by the adjacent Newport Beach Marriott Hotel. The application requests
approval of: a General Plan Amendment and an Amendment of the 1990 Local Coastal
Plan Land Use Plan (LCPLUP) to change the land use designations of the 4.25 -acre site
from Administrative, Professional & Financial Commercial to Multiple - Family Residential;
an Amendment of the 2004 LCPLUP to change the land use designation from Visitor -
Serving Commercial (CV -B) to Medium Density Residential C (RM -C), a Zone Change to
rezone the subject property from APF to the PC District; adopt a Planned Community
Development Plan to establish use and development regulations; consider a waiver of the
10 -acre minimum land area requirement for Planned Community District adoption; a parcel
map to subdivide the subject property from the hotel development for financing and
development purposes; a Tract Map for the condominium ownership (79 residential units);
a Traffic Study pursuant to the Traffic Phasing Ordinance (TPO); and a Coastal
Residential Development Permit regarding the provision of affordable housing in
accordance with the Municipal Code and the General Plan Housing Element.
WHEREAS, on November 3, 2005, the Planning Commission held a noticed
public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport
Beach, California at which time the project applications, the Mitigated Negative
Declaration and comments received thereon were considered. Notice of time, place and
purpose of the public hearing was given in accordance with law and testimony was
presented to and considered by the Planning Commission at the hearing.
WHEREAS, the property is located in the Block 900 — Hotel Plaza of the Newport
Center (Statistical Area L1) of the Land Use Element and has a land use designation of
Administrative, Professional & Financial Commercial (APF) and zoned APF
(Administrative, Professional, Financial).
WHEREAS, a General Plan Amendment and an Amendment of the 1990 Local
Coastal Plan Land Use Plan (LCPLUP) to change the land use designations of the site
zi
from Administrative, Professional & Financial Commercial to Multiple - Family Residential is
necessary as the proposed residential use is not permitted in the APF designation. A
change in land use would result in a 4.25 -acre reduction in land available to be
potentially used for office uses consistent with the APF designation. However, within the
Newport Center, there is approximately 200 acres designated APF and the two percent
(2 %) reduction proposed by the project is not a significant reduction.
WHEREAS, the residential condominium project is consistent with the proposed
Multi - Family Residential land use designation. The proposed residential condominium
project would be compatible with the residential developments to the south and
northeast of the site. The proposed project is viewed as incompatible with the office
uses across Santa Barbara Street and is also compatible with the adjacent hotel and
golf course
WHEREAS, the 2004 LCP Land Use Plan designates the site for Visitor Serving
Commercial uses. This designation was applied due to the existing use of the Marriott
Hotel complex. A change in land use designation from CV -B (Visistor- Serving
Commercial) to RM -C (Medium Density Residential C) is necessary to implemented for the
proposed residential development. The change in land use designation will reduce the
land available for visistor - serving commercial uses by 4.25 acres. Although this reduction
in area would occur, the opportunity to construct the remaining hotel room entitlement of
79 rooms would not be lost and they could be constructed nearby within the portion of
Newport Center within the Coastal Zone.
WHEREAS, Section 30250(a) of the California Coastal Act (CCA) provides
criteria for the location of new development. The Coastal Act provides for the protection
of coastal resources by requiring that new development be located in close proximity to
existing development with available public services to minimize the impacts associated
with the extension of infrastructure and services. The project is located within Newport
Center, which is a development area with all public services (utilities, roads, police, fire
etc.) presently provided.
WHEREAS, Section 30252(4) requires new development within the Coastal Zone
one to provide adequate parking facilities or providing substitute means of serving the
development with public transportation. The proposed development provides an adequate
number of on -site parking spaces. The project also will be conditioned so that the parking
structures will have adequate dimensions, clearances, and access to insure their proper
use.
WHEREAS, Section 30212, requires public access must be provided from the
nearest public roadway to the shoreline and along the coast in new development. The
subject property is not adjacent to the ocean or bay; therefore, coastal access
easements are not required.
WHEREAS, Section 30222 requires the use of private land suitable for visitor -
serving commercial recreational facilities for coastal recreation must have priority over
private residential, general industry, or general commercial development. Although, the
Z`I
change in land use designation will reduce the land available for visistor serving
commercial uses by 4.25 acres; the opportunity to construct the remaining hotel room
entitlement of 79 rooms would not be lost and they could be constructed nearby within the
portion of Newport Center that is located within the Coastal Zone.
WHEREAS, the City's General Plan indicates that the City shall maintain suitable
and adequate standards for landscaping, sign control, site and building design, parking
and undergrounding of utilities and other development standards to ensure that the
beauty and charm of existing residential neighborhoods are maintained, that
commercial and office projects are aesthetically pleasing and compatible with
surrounding land uses. The proposed PC Text contains one classification of land use
and provides the development standards for the entire subject property. The draft PC
Text contains development regulations for the subject site which includes definitions
and information concerning requirements for development site coverage, building
height, setbacks, off - street parking, vehicular access, signing, lighting, storage, and
screening and landscaping to ensure that the project would be compatible with the
surrounding land uses consistent with the objectives of the Land Use Element.
WHEREAS, to be consistent with the Housing Programs 2.2.1 and 2.2.3 of the
City's Housing Element, the project is required to provide a minimum of 20% of the total
units (16 units) for affordable income households for a minimum of 30 years. The
applicant is requesting that the affordable housing provision to be off -site, at an
approved location within the City, as affordable housing is not feasible at the subject
site. According to the applicant, the project's Home Owner's Association fees are
expected to be a minimum of $1,500 per month, which is a substantial multiple of the
statutory mortgage payment limits for affordable housing when combined with
acquisition costs and taxes. With this provision, the applicant will be required to enter
into an agreement with the City to provide said units off -site within the City's limits. The
agreement will be reviewed and approved by the City Attorney and will be executed
prior to the recordation of tract map or the issuance of a building or grading permit for
the proposed project.
WHEREAS, approval of the project is implementing Housing Program 3.2.4 that
allows the City to consider and approve rezoning of property from non - residential to
residential uses when appropriate to extend housing opportunities to as many renter
and owner occupied households as possible in response to the demand for housing in
the City.
WHEREAS, Charter Section 423 requires all proposed General Plan
Amendments to be reviewed to determine if the square footage, peak hour vehicle trip
or dwelling units thresholds have been exceeded and a vote by the public is required.
This project has been reviewed in accordance with Council Policy A -18 and a voter
approval is not required as the project represents an increase of 39 — A.M. and 35 —
P.W peak hour trips for a new 79 dwelling unit development. These increases, when
added with 80% of the increases attributable to two previously approved amendments,
result in a total of 47 — A.M. peak hour trips and 43.8 — P.M. peak hour trips, 3,640
z5
square feet of non - residential floor area and 79 dwelling units do not cumulatively
exceed Charter Section 423 thresholds for a vote.
WHEREAS, the project is located within Newport Center where public services and
infrastructure are available to serve the proposed development. Additionally, all applicable
improvements required by Section 19.28 (Subdivision Improvements) of the Subdivision
Code are to be satisfied by the applicant.
WHEREAS, the parking requirement for a multiple - family residential zoned
project is two spaces per unit, including one covered, plus 0.5 spaces for guest parking
for developments of four or more units. A total of 158 spaces are required for the
residences and a minimum of 40 spaces are required for guest parking. A total of 201
spaces are proposed to serve the project, and therefore, the project meets the parking
requirements of the Municipal Code. In addition to the provision of adequate on -site
parking, the project is conditioned that the parking designs to meet all City requirements
regarding parking stall width, depth, grade, and aisle- turning radii.
WHEREAS, the proposed PC District does meet the intent and purposes for a
PC adoption as specified in Section 20.35.010 for a PC District adoption when
considering it in a larger context beyond the site's boundaries given its location in the
Newport Center area which includes a mixture of shopping, hotels, commercial support
uses, professional offices, and residential developments that cohesively contain the
ingredients of a planned community. The proposed PC District adds to this diversity
assisting the City in larger scale community planning.
WHEREAS, the adoption of PC District would allow the site to be developed with
flexibility in establishing development standards such as minimum front, rear, and side
yard dimensions and density to ensure that the project would be compatible with the
surrounding land uses.
WHEREAS, Pursuant to Section 19.12.070 of the City Subdivision Code, the
following standard findings must be made to approve the tentative parcel map and tract
map.
1. The proposed tentative maps are consistent with the Newport Beach Subdivision
Code (Title 19) and applicable requirements of the Subdivision Map Act.
Conditions of approval have been included to ensure compliance with Title 19
and the Subdivision Map Act.
2. Lot 1 of the parcel map is being proposed for the residential development and is
of sufficient size for the intensity of development and the site is physically
suitable for the project. The project provides an adequate number of parking
spaces as required by the Zoning Code. Access to the site can be provided
through the proposed driveways along Santa Barbara Drive. Additionally, no
earthquake faults were found on -site. There is no known incidence of landslide,
lateral spreading, subsidence, liquefaction, or collapse on -site or near the site;
2 �,
however, existing soils will be required to be excavated and re- compacted to
create stable soil conditions to support the proposed development. The
implementation of mitigation measures identified in the draft Mitigated Negative
Declaration would reduce any potential impacts. The site is, therefore, physically
suitable for development.
Lot 2 of parcel map is proposed to retain a General Plan land use designation of
Administrative, Professional & Financial Commercial. Lot 2 is not proposed for
new development and this parcel will continue to be used as a hotel and it is of
sufficient size to support its existing use.
3. Under the proposed parcel map, Lot 2 does not include any improvements and
the development of Lot 1 as a residential use is not expected to cause serious
public health problems given the use of typical construction materials and
practices. No evidence is known to exist that would indicate that the proposed
subdivisions will generate any serious public health problems. All mitigation
measures will be implemented as outlined in the Mitigated Negative Declaration
to ensure the protection of the public health.
4. No public easements for access through or use of the property have been
retained for the use by the public at large. Public utility easements for utility
connections that sere the project site are present and will be modified, if
necessary, to sere the proposed project.
5. Title 24 of the Uniform Building Code requires new construction to meet minimum
heating and cooling efficiency standards depending on location and climate. The
Newport Beach Building Department enforces Title 24 compliance through the
plan check and field inspection processes.
6. The proposed subdivision facilitates the creation of 79 new residential units. The
provision of 16 affordable units will assist the City in meeting its housing needs
as identified in the Regional Housing Needs Assessment. Public services are
available to serve the proposed development of the site and the Mitigated
Negative Declaration prepared for the project indicates that the project's potential
environmental impacts are expected to be less than significant.
7. Waste discharge into the existing sewer system will be consistent with residential
use of the property which does not violate Regional Water Quality Control Board
(RWQCB) requirements.
8. The proposed subdivision is entirely within the coastal zone and the site subject
to the tentative maps is not presently developed with coastal- related uses,
coastal- dependent uses or water- oriented recreational uses. The project is
consistent with the City's 1990 Local Coastal Program Land Use Plan and the
recently modified and approved LCPLUP that will replace the 1990 certified LUP.
The subject site to be subdivided does not abut the ocean or bay, and does not
W)
provide public access to coastal resources; therefore, no impacts to coastal
access are anticipated. Recreation policies of the Coastal Act require that site
resources for water - oriented recreational activities that cannot be supplied inland
must be protected. These policies prioritize water - oriented recreational activities
over other land uses and encourage aquaculture and water- oriented recreational
support facilities. The project site proposed to be subdivided is not suitable for
water- oriented recreational activities due to its size and location approximately
1.5 miles from the shoreline.
WHEREAS, the entire project is located within the Coastal Zone and requests
the construction of 79 units. Pursuant to Chapter 20.86 of the Zoning Code, when a
project proposes to create 10 or more units within the coastal zone, affordable housing
must be included within the project unless it can be determined infeasible. The Housing
Element of the General Plan determines the number and type of affordable housing that
is required. In accordance with the Housing Element, 16 affordable housing units would
be required to be provided.
WHEREAS, a traffic study has been prepared by Kunzman Associates under the
supervision of the City Traffic Engineer pursuant to the TPO and its implementing
guidelines (Appendix D of the Mitigated Negative Declaration), CEQA analysis for
cumulative projects and intersection capacity utilization (ICU), and General Plan
analysis. The project will result in a net increase of 330 new average daily trips, 42
vehicle trips during morning (AM) peak hour and 39 vehicle trips during the afternoon
(PM) peak hour. The study concluded that the proposed project will not cause a
significant impact at the study area intersections; therefore, no improvements are
required at these intersections.
WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have
been prepared in compliance with the Environmental Quality Act (CEQA), the State
CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public
comment between July 15 to August 15, 2005. Comments were received from the
California Coastal Commission, Airport Land Use Commission and Mr. Terek Saleh of
Costa Mesa. The contents of the environmental document, including comments on the
document, have been considered in the various decisions on this project. Since then, it
was determined that the most appropriate zoning designation for the property would be
PC (Planned Community). This new zoning designation does not affect the size, scope
or design of the project that would potentially create additional physical environmental
impacts. As result, it has been determined that the MND adequately describes the
potential impacts of the project and does not require additional recirculation and review
of the MND. An addendum has been prepared to address the change in the zoning
designation and made it a part of the MND.
WHEREAS, on the basis of the entire environmental review record, the proposed
project will have a less than significant impact upon the environment and there are no
known substantial adverse affects on human beings that would be caused. Additionally,
there are no long -term environmental goals that would be compromised by the project
nor cumulative impacts are anticipated in connection with the project. The mitigation
measures identified are feasible and reduce potential environmental impacts to a less
than significant level. The mitigation measures are applied to the project and are
incorporated as conditions of approval.
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
will have a significant effect on the environment and that the Mitigated Negative
Declaration reflects the Planning Commission's independent judgment and analysis. The
Planning Commission hereby recommends that the City Council adopt Mitigated
Negative Declaration SCH No. 2005- 071067 included therewith. The document and all
material which constitute the record upon which this decision was based are on file with
the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach,
California.
Section 2. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council approve General Plan Amendment No. 2004-
005 per revised Newport Center (Statistical Area L -1) depicted in Exhibit "A" and Land
Use map depicted in Exhibit "B ", LCP Land Use Plan Amendment No. 2005 -001
depicted in Exhibit "C ", Planned Community Development Plan No. 2005 -003 for text
adoption depicted in Exhibit "D" and revision to Zoning Map depicted in "E ", Tentative
Parcel Map No. 2005 -014, Newport Tract Map No. 2004 -004 (TTM16774), Traffic Study
No. 2005 -002 and Coastal Residential Development Permit No. 2005 -004 all subject to
Conditions of Approval in Exhibit "F" attached hereto and made part hereof.
PASSED, APPROVED AND ADOPTED THIS 3`d DAY OF NOVEMBER 2005.
L1-]M
f-W
Michael Toerge, Chairman
Barry Eaton, Secretary
AYES:
NOES:
ABSENT:
W1
Exhibit "A"
THE FOLLOWING CHANGES WILL BE MADE TO THE LAND USE ELEMENT AND
OTHER PROVISIONS OF THE LAND USE ELEMENT SHALL REMAIN UNCHANGED:
10. Block 900 - Hotel Plaza. This area is bounded by Newport Center Drive, the
Balboa Bay. Tennis Club, the Newport Beach Country Club, Jamboree Road and
Santa Barbara Drive. The site is designated for Administrative, Professional and
Financial Commercial and Multi - Family Residential land uses. The allowed
development is 611 hotel rooms with ancillary hotel support facilities and 19,630
sq. ft. of office development [GPA 94 -1 (A)]. The residential sites is are allocated
67.146 (67 +79) dwelling units.
3}
ESTIMATED GROWTH FOR STATISTICAL AREA Ll
Residential (in
Commercial (in sq.
do's)
ft J
Projecte
Existing
Gen. Plan
d
Existing
Gen. Plan
Projected
01/01/198
01/01/198
7
Projection
Growth
7
Projection
Growth
1. Block 0
0
0
0
246,146
432,320
186,174
2. Block 100
0
0
0
196,545
199,095
2,550
3. Block 200
0
0
0
207,781
207,781
0
4. Block 300
0
0
0
130,408
134,908
4,500
S. Block 400
0
0
0
440,118
440,118
0
6. Block 500
0
0
0
377,170
377,170
0
7. Block 600
0
0
0
1,284,134
1,426,634
142,500
8. Block 700
0
0
0
327,671
327,671
0
9. Block 800
0
245
245
253,984
253,984
0
10. Block 900
67
146
79
616,630
625,630
9,000
11. Civic Plaza
0
0
0
365,160
456,710
91,550
12. Corporate Plaza
0
0
0
15,000
115,000
100,000
13. Tennis Club
0
0
0
0
0
0
14. NB Country Club
0
0
0
0
0
0
15, Amling's
0
0
0
3,960
5,000
1,040
16. Villa Point
0
228
228
0
0
0
17. Sea Island
132
132
0
0
0
0
18. Fashion Island
0
0
0
1,603,850
1,633,850
30,000
19. Newport Village
0
0
0
55,000
170,000
t 15,000
TOTAL
199
751
552
6,123,557
6,805,871
682,314
Population
394
1,331
937
Revised
08/10/2004
3}
Exhibit "B"
PROPOSED CHANGE TO THE GENERAL PLAN LAND USE MAP FROM
ADMINISTRATIVE, PROFESSIONAL, & FINANCIAL COMMERCIAL TO MULTIPLE -
FAMILY RESIDENTIAL.
33
Exhibit "C"
PROPOSED CHANGE TO THE 199012004 LOCAL COASTAL LAND USE MAP
FROM APF /CV -B TO MFR/RM -C
f o�
Subject Site
APF 1 CV B* to
MFR / RM -C*
�w
2
i
Existing
Land Use Plan
_.._...
j ---- --- Single-Famlly Aflathetl
Atrk; MUM - Famlly Residential
Coastal Land
Use Plan
'(Upon adoption of the
2004 LCP /LUP)
..................
! to ; Low Density Residential
------- 4.8- SDUJAC
Medium Density Residential
6.1 -10 DU(AC
Medium Density Residential
15A -20 DUtAC
0
IV
-S 5
Recreational &
=
Space
Environmental Open Space
Open
Admin., ptclesslonat &
Visitor Serving Commmer lal
Financial Commercial
0.5 - 1.25 FAR
0
IV
-S 5
Exhibit "D"
PROPOSED DRAFT PLANNED COMMUNITY TEXT
.Santa Barbara Residential
Planned Community District
Regulations
Newport Beach, California
October 2005
%I
TABLE OF CONTENTS
SANTA BARBARA RESIDENTIAL PLANNED COMMUNITY DISTRICT
REGULATIONS
Page
Introduction............................................................................... .............................13
ProjectDescription .................................................................... .............................13
Section I Uses and Development Standards .............. .............................18
Section II General Notes ........................................... ............................... 22
List of Figures
Figure I General Site Location .................................. .............................16
Figure 11 Land Use Plan ............................................. .............................17
Figure III Site Plan ...................................................... .............................23
15 O
INTRODUCTION
The subject of this document is a 4.25 -acre parcel on Santa Barbara Drive that has
been designated as "Santa Barbara Residential Planned Community District" on the
Districting Map for the City of Newport Beach. The designation was adopted to allow
the development of 79 condominium units. The Santa Barbara Residential Planned
Community District designation and "Santa Barbara Residential Planned Community
District Development Regulations" have been adopted consistent with Chapter 20.35,
"Planned Community District ", of the Newport Beach Zoning Code.
The project site is designated Multi - Family Residential in the Land Use Element of the
General Plan. This designation permits both single - family and multiple - family dwellings.
The 4.25 -acre parcel will be developed consistent with the General Plan and with
regulations set forth herein and with all applicable ordinances, standards, and policies of
the City of Newport Beach.
The subject property is located within the Coastal Zone and development pursuant to
this PC Text will require. a Coastal Development Permit from the California Coastal
Commission.
The general site location and land use plan for the subject property are set forth in
Figure I.
PROJECT DESCRIPTION
The 4.25 -acre site is currently being used as a tennis club operated by the Newport
Beach Marriott Hotel. There are eight outdoor tennis courts, a clubhouse and ancillary
uses on the property which are surrounded by landscaping on all sides. The subject
property has a relatively flat terrain, and slopes down to the west. Vehicle and
pedestrian access to the site is provided by a driveway on Santa Barbara at the
southeasterly comer of the site. The site is bordered to the east by Santa Barbara Drive,
to the north and west by the Newport Beach Country Golf Course and to the south by
the Newport Beach Marriott Hotel. Across Santa Barbara Drive and Newport Center
Drive to the east are the Pack Financial Plaza and the Colony Condominiums.
The project consists of three separate buildings housing a total of 79 residential
condominium units with eight different floor plan options, ranging from 2,363 to 4,018
square feet in size. All existing improvements will be demolished and removed for the
development of the proposed project. The architecture of the project would be of old
world Mediterranean hillside homes with bold colors, rich detailings and generous use of
decks and Juliet balconies. Large expanses of glass, decks and balconies will be used to
take advantage of ocean views.
Access to the new residential development will be via two driveways from Santa Barbara
Drive. The main entrance is designed to provide access for the residents and guests of the
two most southerly buildings and the parking garages. The second driveway is designed
13
,A4
for the residents and guests with access to the most northerly building and the
underground parking garage. The project is designed with two subterranean parking
levels, with 201 parking spaces for residents and guests.
The proposed project would provide approximately 79,140 square feet of open space
throughout the development and approximately 21,300 square feet of recreation area
consists of passive uses such as meandering walkways, water fountains, and seating
areas with barbeques.
The adoption of PC zoning district would allows the site to be developed with flexibility
in establishing development standards such as minimum front, rear, and side yard
dimensions and density, as set forth in the PC Development Plan.
14
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Figure I - General Site Location
15
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Figure 11 — Land Use Plan
EuResidential NOT TO SCAL
Iry
'13
SECTION I
USES AND DEVELOPMENT STANDARDS
u
2.
3.
4.
5.
El
7
Area of Development
Total Area: 4.25 Acres
Permitted Uses
A. Condominiums
B. Recreation Facilities Ancillary to Residential Uses
C. Parking lots, structures and facilities
Density
Total allowed density:
Building I: 27 units
Building 11: 31 units
Building III: 21
Floor Area Ratio
Floor Area Ratio
Maximum Buildable Area
79 units (18.59 units /gross acre)
W.,
Maximum number of dwelling units for the residential development shall not
exceed 79 dwelling units (1.9 FAR).
Building Height
The maximum permissible height of the development shall be sixty -five (65) feet
at the mid -point of the roof measured in accordance with Chapter 20.65, "Height
Limits ", of the City of Newport Beach Zoning Code.
Building Setbacks
A.
Front Setback
B.
Side Setback
C.
Rear Setback
D.
Parking Structure
15' minimum
7' minimum
13'
The minimum setback for a
parking structure shall be three
(3) feet for each one (1) foot or
fraction thereof that the parking
`A`{
City of Newport Beach
Planning Commission Resolution No. _
Page 18 of 35
structure extends above adjoining
grade.
8. Signs
A sign program for the Santa Barbara Residential Planned Community, approved
by The Irvine Company shall be submitted for review and approved by the City of
Newport Beach Planning Director or their designee.
9. Parkins
A total 201 parking spaces shall be provided for the development which equate
to 2 spaces for resident and 0.5 space for guest per each unit. A minimum of 2
parking spaces shall be provided per unit. In addition, guest parking shall be
provided at a minimum rate of 0.5 spaces per unit. Guest parking will be
provided in the parking structure, in a manner acceptable to the City Public
Works Department.
Building I: 70 spaces (55 resident + 15 guest)
Building II: 78 spaces (62 resident + 16 guest)
Building III: 53 spaces (42 resident + 11 guest)
Required off - street parking shall be provided on the site of use served, or on a
common parking area in accordance with applicable off - street parking
requirements of the City of Newport Beach Zoning Ordinance.
10. Vehicular Access
The development will take vehicular access from two driveway curb cuts. A main
entrance will be provided for residents and guests to access the two most
southerly buildings and garage and a secondary driveway will provide residents
and guests access to the most northerly building and parking garage.
11. Landscaping & Irrigation
Plants shall be adapted to the coastal climate of Newport Beach and appropriate
to the specific soil, topographic, and sun /shade conditions of the project site.
Drought - tolerant plants shall be used to the maximum extent practicable. Plant
species having comparable water requirements shall be grouped together for
efficient use of irrigation water. All plant materials shall conform to or exceed the
plant quality standards of the latest edition of American Standard for Nursery
Stock published by the American Association of Nurserymen, or the equivalent.
Plants shall conform to the Newport Center Master Plan where applicable. Plant
0.
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City of Newport Beach
Planning Commission Resolution No. _
Page 19 of 35
selection shall be harmonious to the character of the project and surrounding
projects.
Minimum landscape Requirements
• Landscaping , shall incorporate current street tree species along Santa
Barbara Drive.
• Landscape shall incorporate the current species of plants within R.O.W. on
Santa Barbara Drive.
• At least ten (10) percent of the project site area shall be landscaped.
• 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 City Traffic Engineer.
• All landscape materials and irrigation systems shall be maintained in
accordance with the approved landscape and irrigation plans. 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. The property owner shall execute and record a
restrictive covenant and agreement which grants assurance to the City that
the landscaping and irrigation system is properly maintained in accordance
with the approved plans.
• Landscape planting and irrigation plans and specifications shall be submitted
by the applicant for review and approval by the Building Department or
Planning Department prior to the issuance of a building permit.
Irrigation Guidelines
An irrigation system shall be installed and shall incorporate appropriate locations,
numbers, and types of sprinkler heads and emitters to provide appropriate
amounts of water to all plant materials. Application rates and spray patterns shall
be consistent with the varying watering requirements of different plant groupings.
Irrigation systems and controls shall include technology that minimizes over
watering by either: (a) directly measuring soil moisture levels, plant types, and
soil types and adjusting irrigation accordingly; or, (b) receiving weather
information on a least a daily basis via satellite or similar transmission and
adjusting irrigation accordingly. The irrigation system shall be designed so as to
prevent over - watering and minimize overspray and runoff onto streets, sidewalks,
driveways, buildings, fences, and windows consistent with water conservation
and pollution run -off control objectives.
19
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City of Newport Beach
Planning Commission Resolution No.
Page 20 of 35
12. Refuse Collection Area
A. All refuse collection areas shall be visually screened from access streets
and adjacent property. Said screening shall form a complete opaque
screen.
B. No refuse collection area shall be permitted between a frontage street and
the building line.
13. Telephone, Gas and Electrical Service
All "on site" gas lines, electrical lines and telephone lines shall be placed
underground. Transformer or terminal equipment shall be visually screened from
view from streets and adjacent properties.
14. Grading
Grading of the development area shall be conducted and undertaken in a
manner both consistent with applicable grading manual, standards and
ordinances of the City of Newport Beach and in accordance with a grading plan
approved by the City of Newport Beach Building Department.
15. Lightina
Lighting of building interior common areas, exteriors and parking ares shall be
developed in accordance with City Standards and shall be designed and
maintained in a manner which minimized impacts on adjacent land uses
including The Colony. Nighttime lighting shall be limited to that necessary for
security. The plans for lighting shall be prepared and signed by a licensed
electrical engineer and shall be subject to review and approval of the City
Planning Director or their designee.
16. Screenina
All mechanical appurtenances on building roof tops and utility vaults shall be
screened in a manner meeting the approval of the Director of Planning or their
designee.
20
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City of Newport Beach
Planning Commission Resolution No. _
Page 21 of 35
SECTION 11
GENERAL NOTES
1. Water - service to the Planned Community District will be provided by the City of
Newport Beach.
2. Sewage disposal service facilities to the Planned Community District will be
provided by Orange County Sanitation District No. 5.
3. Development of the subject property will be undertaken in accordance with the
flood protection policies and requirements of the City of Newport Beach.
4. Grading and erosion control provisions shall be carried out on all areas of the
Planned Community in a manner meeting the approval of the Director of
Community Development.
5. Except as otherwise stated in this Ordinance, the requirements of the Newport
Beach Zoning Ordinance shall apply.
6. The contents of this text notwithstanding, all construction within the boundaries of
this Planned Community District shall comply with all provisions of the City of
Newport Beach's Uniform Building Code and the various mechanical codes
related thereto.
7. All mechanical appurtenances on building roof tops and utility vaults shall be
screened from view in a manner meeting the approval of the Director of
Community Development.
8. Prior to the issuance of grading permits the area shall be examined to determine
the existence and extent of archaeological and paleontological resources in
accordance with the adopted policies of the City of Newport Beach.
21
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Figure III — Site Plan
City of Newport Beach
Planning Commission Resolution No.
Page 22 of 35
22
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City of Newport Beach
Planning Commission Resolution No.
Page 23 of 35
Exhibit "E"
PROPOSED CHANGE TO THE ZONING MAP FROM APF TO PC
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City of Newport Beach
Planning Commission Resolution No.
Page 24 of 35
Exhibit "F"
CONDITIONS OF APPROVAL
Tentative Parcel Map No. 2005 -014, Tentative Tract Map No. 2004 -004 (16774), Traffic
Study No. 2005 -002 (PA2004 -169)
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 development shall be in substantial conformance with the approved plans
dated October 29, 2005.
3. Project approvals shall expire unless exercised within 24 months from the
effective date of approval as specified in Section 20.91.050A of the Newport
Beach Municipal Code. Reasonable extensions may be granted by the Planning
Director in accordance with applicable regulations. The Tentative Tract Map shall
expire within 36 months from the date of approval unless extensions are granted
prior to expiration in accordance with the Subdivision Ordinance and Subdivision
Map Act.
4. The applicant shall obtain a Coastal Development Permit from the California
Coastal Commission prior to the issuance of any building or grading permit for
the project.
5. The applicant shall provide a minimum of 20% of the total units (16 units) for
affordable income households in accordance with Housing Programs 2.2.1 and
2.2.3 of the Newport Beach Housing Element. The applicant shall enter into an
agreement with the City to provide said units, which units may be provided off-
site, at an approved location within the City. The agreement shall be reviewed
and approved by the City Attorney and shall be executed prior to the recordation
of the final tract map or the issuance of a building or grading permit for the
proposed subdivision.
6. The applicant is required to obtain all applicable permits from the City Building and
Fire Departments. The construction plans must comply with the most recent, City -
adopted version of the California Building Code.
7. The facility shall be designed to meet exiting and fire protection requirements as
specified by the Uniform Building Code and shall be subject to review and
approval by the Newport Beach Building Department and the Fire Department.
24
53
City of Newport Beach
Planning Commission Resolution No.
Page 25 of 35
8. The proposed project shall conform to the requirements of the Uniform Building
Code, any local amendments to the UBC, and State Disabled Access
requirements, unless otherwise approved by the Building Department.
Traffic Engineering
9. All parking stall dimensions shall comply with City's Standard Drawings STD -
805-L-A.
10. The main entry drive with median island shall comply with City Standard STD -
103-L, which shall has a 42' minimum outside radius and a maximum
planter /median radius of 7'.
11. Show the locations of any proposed gates /kiosks to the parking areas. A vehicle
turnaround area should be provided prior to gates /kiosk.
12. Driveway /drive aisle slopes shall comply with City Standard STD - 160 -L -C, which
accommodated a 15 percent maximum slope and a maximum change in grade of
11 percent.
13. The entries to both parking areas on Garage Level A shall be modified to
accommodate vehicles entering /exiting and traveling in both directions. Parking
stall dimensions and drive aisle widths shall comply with City Standard STD -805-
L-A. Dead end drive aisles shall be accommodated by a turnaround area and a 5
foot hammerhead. Final plans shall show all ventilation and mechanical
equipment.
14. Project shall provide prominent pavement markings and signage to direct
individuals to parking areas and exits.
15. The sharp 90 degree turns into Garage Level B shall be modified to ease access
into and out of both parking areas. Typically ramps to parking areas terminate
into drive aisle rather than parking stalls. Revise parking /ramp layout as
necessary to ease access to the parking areas (Building 1A & 2A). Parking stall
dimensions and drive aisle widths shall comply with City Standard STD - 805 -L -A.
Dead end drive aisles shall be accommodated by a turnaround area and a 5 foot
hammerhead. Final plans shall show all ventilation and mechanical equipment.
16. The site shall accommodate all deliveries/trash pick up etc. to be handled on -site.
Vehicles shall not be permitted to back out onto Santa Barbara Drive.
17. Project driveway must conform to the City's sight distance standard 110 -L for a
speed of 40 mph. The design shall be reviewed and approved by the City Traffic
Engineer.
25
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City of Newport Beach
Planning Commission Resolution No. _
Page 26 of 35
18. Staging of construction equipment shall not be permitted on the public right -of-
way.
19. - All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
20. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be
sound attenuated in accordance with Chapter 10.26 of the Newport Beach
Municipal Code, Community Noise Control.
Fire Department
21. All building shall be provided with fire sprinklers.
22. The applicant shall provide an additional fire hydrant at the north end of the lot,
approximately 300 feet from other hydrants.
23. All elevators gurney accommodating shall be in accordance with Chapter 30 of
the California Building Code.
24. A Class I standpipe shall be provided in lower level parking area, in addition to
ones provided on site.
25. A fire alarm system with fire control room shall be provided adjacent to the
turnaround.
26. A dedicated recorded fire department access easement adjacent to the north
tower shall be provided.
27. The hydrant adjacent to the North Tower road shall not be obstructed by fencing.
Access gate adjacent to the hydrant with knox box shall be provided.
28. A Fire Department minimum turning radius shall be 20 feet inside, 42 feet
outside. A 40 -foot radius to the face of the rolled curb shall be provided.
29. The applicant shall verify that the proposed easement and tract map boundaries
are correctly shown on the submitted Map.
30. Prior to issuance of a building permit, the applicant shall submit documentation
that the Southern California Edison Company (SCE) has agreed to the existing
easement abandonment and that SCE will not need to use the existing easement
in the future.
26
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City of Newport Beach
Planning Commission Resolution No. _
Page 27 of 35
Development Services Engineering
31. A parcel map and a tract map shall be recorded. The Maps shall be prepared on
the California coordinate system (NAD83). Prior to recordation of the Maps, the
surveyor /engineer preparing the Maps shall submit to the County Surveyor and
the City of Newport Beach a digital - graphic file of said Maps in a manner
described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision
Code and Orange County Subdivision Manual, Subarticle 18. The Maps to be
submitted to the City of Newport Beach shall comply with the City's CADD
Standards. Scanned images will not be accepted.
32. Prior to recordation of the Maps, the surveyor /engineer preparing the Maps shall
tie the boundary of the Maps into the Horizontal Control System established by
the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of
the Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot
Corner unless otherwise approved by the Subdivision Engineer. Monuments
shall be protected in place if installed prior to completion of construction project.
33. If it is desired to record a Map or obtain a building permit prior to completion of
the public improvements, the Applicant will provide the City through the Public
Works Department with either a refundable deposit or
Materials /Labor /Performance bonds to guarantee satisfactory completion of the
required public improvements.
34. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
35. A water demand, a storm drain system capacity, a sanitary sewer system
capacity study shall be submitted to the Public Works Department along with the
first building plan check submittal. The recommendations of these studies shall
be incorporated as a part of the submitted plans.
36. Street, drainage and utility improvements within the public right -of -way shall be
submitted on City standard improvement plan formats. All of the plan sheets shall
be wet sealed, dated, and signed by the California registered professionals
responsible for the designs shown on said plans.
37. The width of the existing concrete sidewalk fronting the Development along
Santa Barbara Drive shall be maintained.
38. The design of the proposed driveway approaches along Santa Barbara Drive
shall provide full ADA accessibility.
27
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City of Newport Beach
Planning Commission Resolution No. _
Page 28 of 35
39. The proposed northerly driveway approach is located too close to the existing
adjacent street light.
40. The construction plans shall show detailed profile of each of the proposed
driveways.
41. The existing street trees and landscaping fronting this Development along Santa
Barbara Drive shall be protected in place, unless otherwise approved by the
General Services Department and the Public Works Department.
42. All new landscaping within the public right -of -way shall be approved by the
General Services Department and the Public Works Department.
43. All above ground facilities, street trees, and shrubbery along the Santa Barbara
Drive frontage shall be located outside the sight distance planes per City
Standard Plan STD - 110 -L.
44. The applicant shall submit details plans for the on -site drainage system(s) to
demonstrate that it will prevent the underground garage from being flooded
during storm events.
45. In case of underground ejection pump malfunction, the applicant shall provide a
backup system to continue the on -site below -grade sanitary sewer system
function.
46. The on -site parking, vehicular circulation and pedestrian circulation systems shall
be subject to further review by the Traffic Engineer and any
corrections /modifications shall be made to the satisfaction of the Traffic Engineer.
47. A construction traffic control plan shall be approved by the City prior to the
issuance of the encroachment permit. Said plan shall be wet sealed, signed, and
dated by a California Registered Traffic Engineer.
48. County Sanitation District fees shall be paid prior to issuance of any building
permits.
49. Prior to the issuance of the building permit, public Works Department plan check
and inspection fee shall be paid.
50. Prior to the issuance of the building permit. water Capital Improvement fee shall
be paid.
51. The City of Newport Beach requires all new development and significant
redevelopment projects to prepare and submit a Water Quality Management Plan
28
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City of Newport Beach
Planning Commission Resolution No.
Page 29 of 35
(WQMP) to the City for review and approval. Prior to issuance of grading or
building permits, the project applicant shall have an .approved final Project
WQMP.
52. Prior to the issuance of the grading /building permits, 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 the routes to be traveled,
times of travel, total number of trucks, number of trucks per hour, time of
operation, and safety /congestion precautions (e.g., signage, flagmen). Large
construction vehicles shall not be permitted to travel narrow streets and alleys as
determined by the Public Works Department. Traffic control and transportation of
equipment and materials shall be conducted in accordance with state and local
requirements.
53. Prior to the issuance of the grading permit, a Stormwater Pollution Prevention
Plan ( SWPPP) shall be prepared and approved by the City of Newport Beach as
the local permitting agency in accordance with the requirements of the Regional
Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to
eliminate and /or minimize stormwater pollution prior to, and during construction.
The SWPPP shall require construction to occur in stages and stabilized prior to
disturbing other areas and require the use of temporary diversion dikes and basins
to trap sediment from run -off and allow clarification prior to discharge.
54. Prior to the issuance of the grading permit, the applicant shall prepare a Water
Quality Management Plan (WQMP) specifically identifying the Best Management
Practices (BMP's) that will be used on site to control predictable pollutant runoff.
The plan shall identify the types of structural and non - structural measures to be
used. The plan shall comply with the Orange County Drainage Area
Management Plan (DAMP). Particular attention should be addressed to the
appendix section "Best Management Practices for New Development." The
WQMP shall clearly show the locations of structural BMP's, and assignment of
long term maintenance responsibilities (which shall also be included in the
Maintenance Agreement). The plan shall be prepared to the format of the DAMP
title "Water Quality Management Plan Outline" and be subject to the approval of
the City.
55. Prior to the issuance of the grading permit, the applicant shall obtain a NPDES
permit. The applicant shall incorporate storm water pollutant control into erosion
control plans using BMPs to the maximum extent possible. Evidence that proper
clearances have been obtained through the State Water Resources Control
Board shall be given to the Building Department prior to issuance of grading
permits.
29
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City of Newport Beach
Planning Commission Resolution No. _
Page 30 of 35
56. Prior to the issuance of the grading permit, the applicant shall submit evidence to
the City Building Official that the applicant has obtained coverage under the
NPDES statewide General Construction Activity Stormwater Permit from the
State Water Resources Control Board.
57. Prior to issuance of.the grading permit, the project applicant shall document to
the City of Newport Beach Building Department that all facilities will be designed
and constructed to comply with current seismic safety standards and the current
City- adopted version of the Uniform Building Code.
58. Prior to issuance of the grading permit, a geotechnical report shall be submitted
with construction drawings for plan check. The Building Department shall ensure
that the project complies with the geotechnical recommendations included in the
"Preliminary Geotechnical Evaluation" (Petra, 2003), as well as additional
requirements, if any, imposed by the Newport Beach Building Department.
59. Prior to the issuance of a grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the
City Building Official, to demonstrate compliance with local. and state water
quality regulations for grading and construction activities. The ESCP shall
identify how all construction materials, wastes, grading or demolition debris, and
stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered,
stored, and secured to prevent transport into local drainages or coastal waters by
wind, rain, tracking, tidal erosion, or dispersion. The ESCP shall also describe
how the applicant will ensure that all Best Management Practices (BMPs) will be
maintained during construction of any future public right -of -ways. A copy of the
current ESCP shall be kept at the project site and be available for City of
Newport Beach review on request.
Mitigation Measures of the Mitigated Negative Declaration
60. Any exposed soil areas shall be watered twice per day during grading activities.
On windy days or when fugitive dust can be observed leaving the project site,
additional applications of water shall be applied to maintain minimum 12 percent
moisture content as defined by SCAQMD Rule 403. Under windy conditions
where velocities are forecast to exceed 25 miles per hour (as ascertained by
phone calls to the SCAQMD), all ground disturbing activities shall be hafted until
winds that are forecast to abate below this threshold.
61. The proposed Project shall comply with regional rules such as SCAQMD
Rules 402 and 403, which would assist in reducing short-term air pollutant
emissions. Rule 403 requires that fugitive dust be controlled with best available
control measures so that the presence of such dust does not remain visible in the
atmosphere beyond the property line of the emission source. Rule 402 requires
30
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City of Newport Beach
Planning Commission Resolution No. _
Page 31 of 35
dust suppression techniques be implemented to prevent fugitive dust from
creating a nuisance offsite. These dust suppression techniques are summarized
as follows:
a. Portions of the construction site to remain inactive longer than a period of
three months shall be seeded and watered. until grass. cover is grown or
otherwise stabilized in a manner acceptable to the City.
b. All on -site roads shall be paved as soon as feasible or watered periodically
or chemically stabilized.
c. All material transported off -site shall be either sufficiently watered or
securely covered to prevent excessive amounts of dust.
d. The area disturbed by clearing, grading, earthmoving, or excavation
operations shall be minimized at all times.
62. All vehicles on the construction site shall travel at speeds less than 15 miles per
hour.
63. All material stockpiles subject to wind erosion during construction activities that
will not be utilized within three days shall be covered with plastic, an alternative
cover deemed equivalent to plastic, or sprayed with a nontoxic chemical
stabilizer.
64. Where vehicles leave the construction site and enter adjacent public streets, the
streets shall be swept daily or washed down at the end of the work day to
remove soil tracked onto the paved surface. Any visible track -out extending for
more than fifty (50) feet from the access point shall be swept or washed within
thirty (30) minutes of deposition.
65. All diesel - powered vehicles and equipment shall be properly operated and
maintained.
66. All diesel - powered vehicles and gasoline- powered equipment shall be turned off
when not in use for more than five (5) minutes.
67. The construction contractor shall utilize electric or natural gas - powered
equipment instead of gasoline or diesel - powered engines, where feasible.
68. As much as possible, the construction contractor shall time the construction
activities so as not to interfere with peak hour traffic. To minimize obstruction of
through traffic lanes adjacent to the site, a flag person shall be retained to
maintain safety adjacent to existing roadways, if necessary.
31
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City of Newport Beach
Planning Commission Resolution No.
Page 32 of 35
69. The construction contractor shall support and encourage ridesharing and transit
incentives for the construction crew.
70. The construction contractor shall utilize, as much as possible, pre- coated /natural
colored building materials. Water -based or low VOC coatings shall be used that
comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with
high transfer efficiency, such as the high volume -low pressure (HVLP) paint
applicators with 50 percent efficiency or manual coatings application such as
paint brush hand roller, trowel, spatula, dauber, rag, or a sponge shall be used to
reduce VOC emissions, where practical. Additionally, paint application shall use
lower volatility paint not exceeding 100 grams of ROG per liter.
71. If construction equipment powered by alternative fuel sources (LPG /CNG) is
available at comparable cost, the developer shall specify that such equipment be
used during all construction activities on the proposed Project site.
72. The developer shall require the use of particulate filters on diesel construction
equipment if use of such filters is demonstrated to be cost - competitive for use on
this proposed Project.
73. Prior to the issuance of the -grading permit, the applicant shall provide written
evidence to the Planning Director that a qualified archaeologist has been
retained to observe grading activities and conduct salvage excavation of
archaeological resources as necessary. The archaeologist shall be present at the
pre - grading conference, shall establish procedures for archaeological resources
surveillance, and shall establish, in cooperation with the applicant, procedures for
temporarily halting or redirecting work to permit the sampling, identification and
evaluation of the artifacts as appropriate. If additional or unexpected
archaeological features are discovered, the archaeologist shall report such
findings to the applicant and to the Planning Department. If the archaeological
resources are found to be significant, the archaeological observer shall
determine appropriate actions, in cooperation with the applicant, for exploration
and /or salvage. These actions, as well as final mitigation and disposition of the
resources, shall be subject to the approval of the Planning Director.
74. Prior to the issuance of the grading permit, the applicant shall provide written
evidence to the planning director that a qualified paleontologist has been retained
to observe grading activities and conduct salvage fossils as necessary. The
paleontologist shall be present at the pre - grading conference, shall establish
procedures for paleontological resource surveillance, and shall establish
cooperation with the applicant, procedures for temporarily halting or redirecting
work to permit the sampling, identification and evaluation of fossils. If major
paleontological resources are discovered which require long term baiting or
32
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City of Newport Beach
Planning Commission Resolution No. _
Page 33 of 35
redirecting of grading, the paleontologist shall report such findings to the
applicant and to the Planning Department. The paleontologist shall determine
appropriate actions, in cooperation with the applicant, which ensure proper
exploration and /or salvage. These actions, as well as final mitigation and
disposition of the resources, shall be subject to the approval of the Planning
Director.
75. During construction of the proposed improvements, in accordance with Public
Resources Code 5097.94, if human remains are found, the Orange County
coroner must be notified within 24 hours of the discovery. If the coroner
determines that the remains are not recent, the coroner will notify the Native
American Heritage Commissions in Sacramento to determine the most likely
descendent for the area. The designated Native American representative then
determines in consultation with the property owner the disposition of the human
remains.
76. In areas where compacted fill will be required to establish design grades and in
design cut areas where the depth of the proposed cut does not exceed the
thickness of the existing unsuitable surficial soils, on -site surficial soils shall be
excavated and recompacted to create stable soil conditions and correct poor slope
performance. 4
77. During grading activities, where cut -to -fill transitions exist following remedial
grading, they shall be eliminated by over - excavating the "cut' portions of the
building pads and replacing the excavated material as properly compacted fill. See
Mitigation Measure 3.6. B of the Mitigation Monitoring and Reporting Program for
further detail and requirement.
78. During remedial grading and construction of the proposed subterranean parking
areas and associated improvements, temporary excavations with sidewalls
varying up to approximately 13 feet in height may be necessary. Temporary
excavation sidewalls will require sloping back at a ratio of approximately 12:1,
horizontal to vertical. Flatter inclinations may be required locally should excessive
caving be observed during grading. See Mitigation Measure 3.6.0 of the Mitigation
Monitoring and Reporting Program for further detail and requirement.
79. Construction activities shall be confined to the hours of 7:00 a.m. and 6:30 p.m.
on weekdays and on Saturdays between the hours of 8:00 a.m. and 6:00 p.m.
80. Equipment mufflers for construction equipment shall be used at all times.
81. Idling of construction vehicles and equipment shall be limited to the extent
feasible. Construction vehicles and equipment shall be properly operated and
maintained and shall be turned off when not in use.
33
City of Newport Beach
Planning Commission Resolution No.
Page 34 of 35
82. Prior to issuance of the building permit, school impacts fees will be paid to the
Building Department to assist in funding school facility expansion and
educational services to area residents.
83. Sight distance at the proposed Project accesses shall be reviewed with respect
to City of Newport Beach standards in conjunction with the preparation of final
grading, landscape, and street improvement plans.
84. On -site traffic signing and striping should be implemented in conjunction with
detailed construction plans for the proposed Project.
85. Periodically review of traffic operations in the vicinity of the proposed shall be
made by the Public Works Department to assure that the traffic operations are
satisfactory once the proposed project is constructed.
86. The parking design shall meet all City requirements regarding parking stall width,
parking stall depth, parking aisle grade, and parking aisle- turning radii.
87. Each parking level shall have large numbers on the pillars or walls designating
on which floor level the user has parked. Letters can also be added to designate
what area within a parking level the person has parked.
88. New landscaping shall incorporate drought - tolerant plant materials and drip
irrigation systems, wherever possible.
89. Water leaving the project site due to over - irrigation of landscape, shall be
minimized. If an incident such as this is reported, a representative from the Code
and Water Quality Enforcement Division of the City Manager's Office shall visit
the location, investigate, inform resident if possible, leave a note and in some
cases shut -off the water.
90. Watering should be done during the early morning or evening hours to minimize
evaporation (between 4:00 p.m. and 9:00 a.m., the following morning).
91. All leaks shall be investigated by a representative from the Code and Water
Quality Enforcement Division of the City Manager's Office and any the applicant
shall complete all required repairs.
92. Water should not be used to clean paved surfaces, such as sidewalks,
driveways, parking areas, etc., except to alleviate immediate safety or sanitation
hazards.
34
\.3
City of Newport Beach
Planning Commission Resolution No. _
Page 35 of 35
93. Reclaimed water shall be used wherever available, assuming it is economically
feasible.
94. Installation of Ultra -Low Flush Toilets (ULFT) in the residential units.
95. Prior to the issuance of the building permit, the applicant shall submit a
landscape and irrigation plan prepared by a licensed landscape architect. These
plans shall incorporate drought tolerant plantings and water efficient irrigation
practices, and the plans shall be approved by the Planning Department, General
Services Department and Public Works Department. All planting areas shall be
provided with a permanent underground automatic sprinkler irrigation system of a
design suitable for the type and arrangement of the plant materials selected. The
irrigation system shall be adjustable based upon either a signal from a satellite or
an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be
protected by a continuous concrete curb or similar permanent barrier.
Landscaping shall be located so as not to impede vehicular sight distance to the
satisfaction of the Traffic Engineer.
96. All 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.
97. Prior to the issuance of a certificate of occupancy, the applicant shall schedule
an inspection by the Code and Water Quality Enforcement Division to confirm
that all landscaping materials and irrigation systems have been installed in
accordance with the approved plans.
98. The applicant shall be responsible for the payment of all administrative costs
identified by the Planning Department within 30 days of receiving a final notification
of costs or prior to the issuance of a Building Permit.
35
Ly
EXHIBIT 2
APPLICANT'S LETTER OF REQUEST
& OFF -SITE HOUSING ANALYSIS
4s
July 21, 2004
Ms. Patricia Temple
Planning Director
City of Newport Beach
330o Newport Boulevard
Newport Beach, CA 92660
RE: General Plan Amendment, Zone Change, Tentative Tract Map,
Parcel Map and Planned Community District Submittal
Lennar — Santa Barbara Condos
goo Newport Center Drive, Newport Beach
Dear Ms. Temple:
Please find attached, an application package for a General Plan Amendment,
Zone Change, Tentative Parcel Map (Resubdivision), Tract Map and Planned
Community District Submittal for the development of the 79 townhomes located
at goo Newport Center Drive in Newport Beach on the site that is currently the
Newport Beach Marriott Hotel's Tennis Complex. Lennar Homes is pleased and
excited to present this application to the city, as it is their desire to undertake and
kick -off a major redevelopment of the project site. The location of this project
site, along Santa Barbara Dr., across from The Colony Apartments provides a
unique opportunity to introduce highly desirable residences on a currently
underutilized site. Our goal is improve the area and to add to the existing quality
and distinction of Newport Center.
We propose to remove all existing structures on the project site, including 8
tennis courts and an associated clubhouse and parking, and construct 79 new
townhomes, totaling approximately 205,679 square -feet. The height of the
buildings is anticipated to range from 50 feet to 60 feet and an approximately
97,231 square -foot subterranean parking garage will serve both residents and
guests. Additionally, the project will provide approximately 79,140 square -feet of
open space and approximately 21,300 square -feet of hardscape which includes
recreational areas for use by residents and their guests.
The new development proposes only two driveway. curb cuts. A main entrance
will be provided for residents and guests to access the two most southerly
buildings and garage and a secondary driveway will provide residents and guests
access to the most northerly building and parking garage.
230 Newport Center Drive, Suite 210 • Newport Beach, CA 92660 • 949- 717 -7943 main • 949 - 777 -7942 tax • www.govsol.com
YN
Due to the location of the site, Newport Center, and the site's unique
characteristics with respects to shape and size we have included a proposed draft
for a Planned Community District. The Planned Community designation is in
keeping with how the majority of Newport Center has been developed and
provides for unique architecture and design features with respect to building
heights and density — again, similar to other areas of Newport Center, and in
particular The Colony across the street from the proposed project site. The
Planned Community District includes: building heights ranging from 5o feet to
6o feet; the construction of 79 residential townhome units; and front yard
setbacks of 15 feet to accommodate constraints the narrow site presents. Based
on our review of the Planned Community designation in the City's Zoning Code,
the proposed site of 4.25 acres is below the required threshold of io acres, as such
will be seeking a waiver from the Planning Director for this requirement.
Lennar Homes is very excited to submit this project to the City of Newport Beach,
eager to begin the entitlement process and can attend a DRC meeting as soon as
your schedule allows.
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) 717-7941 or
marice @govsol.com.
Vice President
Government Solutions, Inc.
Property Owner's Representative
cc: Donna Larson, Lennar Homes
Mark Rosene, Lennar Homes
Robert Shorb, Host Marriott
Carol Hoffman, Government Solutions, Inc.
Coralee Newman, Government Solutions, Inc.
Attachments:
1. Letter of Authorization signed by Bob Shorb, Senior Vice President, Host
Marriott
2. Application for General Plan Amendment and Zone Change
a. Environmental Information Form
b. Assessor's Parcel Map and 2 sets of Property Owner Address Labels
3. Draft Planned Community District Text
4. Application for Tentative Tract Map
a. Written statement
2
b. 8 copies of Parcel Map
c. Assessor's Parcel Map and 2 sets of Property Owner Address Labels
5. Application for Parcel Map (Resubdivision)
a. Written statement
b. 8 copies of Parcel Map
c. Assessor's Parcel Map and 2 sets of Property Owner Address Labels
6. Application for Site Plan Review
7. Site Photos
8. 20 sets (8 — 30"x42" and 12 — 11"x17 ") of plans including the following:
i. Site Plan of Ground Level (1)
ii. Site Plan
iii. Site Plan
iv. Fire Master Plan
v. Tentative Tract Map
vii. Parcel Map
vii. Grading Plan
viii. Demolition Plan
ix. Building i Plans (3 sheets)
x. Building 2 Plans (3 sheets)
A Building 3 Plans (i sheet)
xii. Typical Floor Plans
xiii. Building i Elevations
xiv. Building 2 Elevations
xv. Building 3 Elevations
xvi. Landscape Concept Plan
xvii. Lighting Plan (2 sheets)
3
L1
EXHIBIT 3
MITIGATED NEGATIVE
DECLARATION & INITIAL STUDY
(ERRATA & RESPONSES TO PUBLIC
COMMENTS ATTACHED)
(DISTRIBUTED SEPARATELY DUE TO BULK)
-.-)6
EXHIBIT 4
PROJECT PLANS
(DISTRIBUTED SEPARATELY DUE TO BULK)
`11