HomeMy WebLinkAboutBirch Bayview Plaza II (PA2003-164)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
October 23, 2003
TO: PLANNING COMMISSION
FROM: Chandra Slaven, Assistant Planner
(949) 644 -3231 cslaven @city.newport- beach.ca.us
SUBJECT: Birch Bayview Plaza 11(PA2003 -164)
20322 Acacia Street and 20341 & 20351 Birch Street
APPLICANT: James Palda
C/o Birch Bayview II, LP
20411 Birch Street, Suite 200
Newport Beach, CA 92660
ISSUE:
Should the Planning Commission approve a Use Permit, Tentative Parcel Map and
Traffic Study for the construction of three professional office buildings totaling 46,281
square feet with 172 parking stalls?
RECOMMENDATION:
Hold a public hearing and adopt the draft Mitigated Negative Declaration and approve
Use Permit No. 2003 -025, Tentative Parcel Map No. 2003 -026 and Traffic Study No.
2003 -004 (PA2003 -164) subject to the findings and conditions of approval within the
draft resolution (See Exhibit No. 1).
DISCUSSION:
Site/Proiect Overview:
The applicant proposes to construct three professional office buildings referred to as
Birch Bayview Plaza 11. The applicant proposes to re- subdivide five existing lots to
create three for -sale lots, each of which will be developed with one office building and
parking area. The development consists of Building A with 13,261 gross square feet,
Building B with 12,201 gross square feet, and Building C with 20,819 gross square feet
for a total of 46,281 gross square feet (See Exhibit No. 2). The entire development will
provide 166 standard parking stalls and six handicap stalls for a total of 172 stalls within
a single common parking area. The parking area will be privately maintained through a
community association of the three building owners subject to Covenants, Conditions,
and Restrictions (CC &Rs). The 2.2 acre site will be served primarily by Acacia Street
and have access to Birch Street via an adjoining lot presently owned by the applicant.
The parcel map includes a required five -foot right -of -way dedication along Acacia Street.
The project includes a system for filtering storm runoff onsite before it is discharged to the
storm water system.
The project resides within the recently incorporated (July 1, 2003) Santa Ana Heights
Specific Plan. The development regulations for this specific plan were adopted from the
County's specific plan for the area. The site is located in the Business Park (BP) District
of the Specific Plan and the proposed project is subject to a Use Permit. The
surrounding area is urbanized and the supporting infrastructure has been established
as part of previously approved subdivisions /discretionary actions under the County of
Orange prior to this application.
Two non - conforming residential units exist onsite with undeveloped areas containing
storage containers, building materials, horse stables, vehicles and other debris. All
existing buildings and structures will be demolished and removed in preparation for
development of the proposed project. The proposed development is surrounded by low -
rise offices on all four sides. Birch Bayview Plaza I, developed by the applicant, is
similar to this property and lies adjacent to and south of the subject property.
Birch Bayview Plaza II (PA2003 -164)
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Vicinity Map
/ i Q ,yy
/ -
/2gr2 Proposed Subject Property:\'
20322 Acacia Street and \ �Q
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20341 & 20351 Birch Street ,
y
20322 Acacia Street and 20341 & 20351 Birch Street
Develo ment:
Two non- conformjn
residential units.
north:
Two and three sto
busineeast:
ETothe
Mixed residential and commercial.
south:
Two sto business
ark - Birch Ba iew Plaza I.
west:
Two sto business
ark.
Analysis:
A Use Permit, Tentative Parcel Map and Traffic Study are required for the construction of
the proposed project. According to Section 20.44.050 of the Zoning Code, professional
and administrative offices are permitted in the Business Park district subject to the
approval of a Use Permit. The approval authority for development within the Santa Ana
Heights Specific Plan is the Planning Director. A Tentative Parcel Map would normally be
considered by the Modifications Committee. A Traffic Study is required under the City's
Birch Bayview Plaza II (PA2003 -164)
October 23, 2003
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Traffic Phasing Ordinance (TPO) for this project and traffic studies are reviewed and
approved by the Planning Commission. Standard city practice is to have all applications
tied together and heard by the superior authority. Consequently, all of the applications are
before the Planning Commission.
General Plan Compliance:
The site's land use designation is Administrative, Professional, Financial and Commercial
(APF). The proposed office complex complies with the allowed uses for this land use
category. The APF land use designation has a 0.5 floor area ratio limit within the Santa
Ana Heights. Each of the three proposed lots complies with this limit with an average
building FAR of .47.
Title 20 (Zoning) Compliance:
Chapter 20.44 (Specific Plan District 97 — Santa Ana Heights) denotes the property
development standards for the BP District. The purpose and intent of the BP District is to
provide for the development and maintenance of professional and administrative
offices, commercial uses, specific uses related to product development, and limited light
industrial uses. The project is located in an area that is transitioning from older
development with assorted subdivision and land use patterns into a modern low -rise
business park. This transition reflects the goals of the Santa Ana Heights Specific Plan,
which anticipates properties within the BP district to be redeveloped into the business
park envisioned in the plan. The proposed business park will be for business and
professional office uses only, with no anticipated medical uses.
Santa Ana Heights Business Park (BP) District Development Standards
As proposed, the project meets all development standards contained in the Specific
Plan including setbacks, parking, landscape, building height and floor area. The
following table highlights the main development standards in the BP District and the
project's conformance with those standards.
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DEVELOPMENT STANDARD
REQUIRED /LIMIT
PROPOSED
Building Site Area
19,800 sq. ft. minimum
"A Site" - 27,985
"B Site" — 25,812
"C Site" — 42,407
Site Coverage
40 percent maximum
"A Site" - 25%
"B Site" - 25 1/6
"C Site'- 17%
Floor Area Ration (FAR)
.50 FAR
"A Site" - 0.47
"B Site" - 0.47
"C Site" - 0.48
Building Height
37 feet maximum
"A Site" - 28' -8"
"B Site" - 28' -8"
"C Site" - 37' -0"
Mechanical Roof Screen
6 feet tall maximum
"A Site" — 6' (32' -8" overall)
"B Site" - 6'(32'-8" overall)
"C Site" — 6' (43' -0" overall)
Front/Side Setbacks
10 feet minimum
All Sites - 20' where applicable
Rear Setbacks
0 feet minimum
All Sites - 20' where applicable
Site Landscaping
15 percent of the site area
minimum
"A Site" - 20%
" o
B Site" - 18 /a
"C Site" - 17%
Front Landscaping
10 feet minimum depth
All Sites - 20' where applicable
SidelRear Landscaping
3 feet minimum depth
All Sites - 20' where applicable
On-Site Parking
1 space /250 sq. ft. of net
floor area = 172 parking
stalls p 9
"A Site" — 49 stalls
"B Site" — 45 stalls
"C Site" — 78 stalls
Total - 172 Darking stalls
Santa Ana Heights Design Guidelines
Introduction:
Section 20.44.020 establishes design guidelines to promote a consistent high quality
character of development resulting in the aesthetic enhancement of the business park
area. The majority of the guidelines are mandatory by the use of the term "shall" and
some are more flexible using terms like "encourage." However, most of the guidelines
involve the exercise of independent judgment without an objective standard. These
guidelines state that the use of the guidelines in project approvals will implement the
goals of the business park area through the careful use of building forms and materials,
streetscape concepts, setback and buffer areas and a unifying landscape concept.
Consolidation of single lots within the business park area of Santa Ana Heights is
encouraged and can provide for more flexibility in the design of office development,
thereby enhancing the aesthetic character and cohesiveness of the development. The
project's consolidation of smaller lots is consistent with the design guidelines by
Birch Bayview Plaza II (PA2003 -164)
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providing a larger business park development with fewer driveways and smoother
vehicular circulation.
Building Massing /Form:
Building facades abutting streets shall not have the appearance of excessive
massing or bulk. The project complies by designing within the permitted height
and FAR for office buildings.
Special consideration shall be given architecturally to emphasize pedestrian
areas such as entry ways, walkways and courtyard /plazas. Building entrances
shall be readily observable from the parking areas. The project partially complies
by providing a 10 foot sidewalk on both frontages and enhanced archways to the
entryways of all buildings. There are no courtyards /plazas provided on the
subject properties, however, there are paved walkways connecting each of the
buildings to the sidewalks. There are also paved walkways (ADA path of travel)
connecting each of the buildings through the parking lot for pedestrian access.
Long, uninterrupted exterior walls shall be avoided on all buildings. The project
complies by providing breaks in the facades on the end elevations and stepping
down the upper corners of each building.
Particular consideration as to color, material, and form shall be given to the
design and treatment of roofs because of their potential visual impact. All roof
equipment shall be screened with materials /colors consistent with the treatment
of the building. The project complies by providing a raised glass dome -like
structure in the center portion of each building which will serve as a screen for
rooftop mechanical equipment. The screens are designed with similar glass
consistent with the overall architectural treatment of each building.
The utilization of windows and balconies shall be encouraged in order to extend
interior space to the outside and to create a visual connection with the exterior
setting of courtyard or plaza areas. The project partially complies through the
utilization of windows and balconies on all stories; however, there are no
courtyard /plazas, and therefore no visual connection to them.
Walls and /or fences shall be used to screen utility and maintenance
structures /facilities and storage areas. The project complies with the architectural
feature of a screening dome on the rooftops of each building. There are no utility
or maintenance structures or storage areas. The refuse receptacles have been
appropriately screened according to the Specific Plan's requirements.
Exterior Building Materials:
A combination of architecturally - treated concrete, concert masonry and block is
encouraged to soften and add architectural variety and interest to the building
facades. The project complies by utilizing the above materials to be painted in
earth tones.
Accent materials and colors shall be coordinated to achieve a continuity of
design with the overall structure and surrounding structures. The project's accent
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materials are coordinated to achieve a continuity of design between all three (3)
buildings and the adjacent Birch Bayview Plaza I development by the applicant.
Glazing:
The use of glass shall be subdued and in harmony with the building and the
natural surroundings. Glazing shall be used predominantly for the purpose of
lighting interior space. Glazing shall not be used as a major architectural
element, but may be used as an accent feature to add variety to building
facades. The project complies by using windows only as a natural lighting
mechanism and windows comprise approximately 40% of most building facades.
Building Rooflines:
Roofs may be sloped in a hip, gable, or shed fashion. Flat roofs are permissible.
The project complies with a permissible flat roof.
In all cases, roof- mounted mechanical equipment shall be screened from view
from the adjacent streets and adjacent the Residential Equestrian District. The
project complies with the proposed glass dome to be utilized as a screen.
Energy Considerations:
Passive solar design orientation is encouraged. The project complies with the
building lot orientations.
Sound Attenuation:
All interior building areas shall be mitigated for noise, consistent with the General
Plan Noise Element. The project will comply through the implementation of the
conditions of approval attached to this report.
Landscape Guidelines:
Adjacent to the walkways outside of the right -of -way, a 10 -foot landscaped
setback is required. Between the sidewalk and parking lot, a 10- foot „landscaped
setback has been provided on both street frontages.
The 10 -foot landscaped front setback must be bermed at a 3:1 slope and
planted with the designated street tree, Tristania conferta (Brisbane box) in one
row, 30 feet on center. Both street frontages are bermed at a 3:1 slope and
planted with the Brisbane Box, in one row, 30 feet on center.
Later phases of development must provide trees in sizes comparable to existing
trees, or the largest commercially available. The applicant has indicated that the
proposed development will provide trees in sizes comparable (or the largest
commercially available) to the adjacent Birch Bayview Plaza I development. This
will be Verified though the plan review process.
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To screen parking areas, the reminder of the landscaped setback area shall be
planted with a continual massing of shrubs and groundcover as indicated in the
Specific Plan. The designated shrubs and groundcover will be utilized in the
screening of the parking areas from the public streets.
Within parking areas, trees shall be provided at a minimum ratio of one tree per
four parking stalls. Planting islands are to be located every eight parking stalls.
The project's parking area complies with these guidelines.
In staffs opinion, the project sufficiently complies with the guidelines to warrant project
approval. A copy of the Santa Ana Heights Specific Plan Design Guidelines is attached
as Exhibit No. 5.
Santa Ana Heights Specific Plan Circulation
The Specific Plan contains street widths and improvement standards for the area. These
standards augment the standards of the Circulation Element — Master Plan of Streets and
Highways. The project is accessed directly from Acacia Street and from Birch Street via
an adjoining lot with an ingress /egress easement. Birch Street is a north -south secondary
roadway and Acacia is a smaller north -south local street. Birch Street is currently
designed with an 80 -foot right -of -way (ROW) and complies with the Specific Plan's
requirements. Acacia Street was originally designed with two 11 -foot and two 13 -foot
travel lanes with a 6 -foot walkway on either side for a total of 60 feet. However within
the BP District, a 70 -foot ROW is now required for any proposed development. The new
roadway will contain two 12 -foot travel lanes, a 12 -foot median lane, an 8400t bikeway
and a 9 -foot parkway that will include a 6 -foot sidewalk on either side. According to the
Specific Plan, the streetscape for the business park area will be installed by individual
property owners concurrent with development of approved projects. Staff has included a
condition of approval for a dedication from the applicant for the expansion of Acacia
Street. The dedication will be recorded prior to the recordation of the tract map.
Project Access
The proposed access to Birch Street is provided by an ingress /egress easement as
indicated on the site plan (See Exhibit No. 2) which will cause the adjoining lot (also
owned by the applicant) to lose three parking stalls. The business park development
known as Birch Bayview Plaza I was approved by the County of Orange with a use permit
and provides 376 parking stalls and the code requires 375 stalls. The loss of three stalls
would bring the total to 373; however, the applicant will re- stripe six existing parking stalls
and re -stripe two loading spaces to account for two additional stalls. Staff has included a
condition of approval requiring the applicant to submit evidence that the adjacent lot
provides 375 stalls in accordance with the previously approved County Use Permit prior to
occupancy of the project.
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Santa Ana Heights Project Advisory Committee (PAC)
The Santa Ana Heights Planning Advisory Committee is a standing committee
established by the County consisting of local residents. The purpose of the committee is
to provide consultation and community feedback on proposed projects within the Santa
Ana Heights area. The Santa Ana Heights Specific Plan regulations require the Planning
Director to forward Use Permit applications in the Santa Ana Heights area presented to
the Planning Commission for their review and comment. PAC's initial comments on the
project focused on the architectural and exterior treatment of the proposed buildings, the
proposed height of Building "C," and the requirement of a tentative parcel map
application. The applicant addressed these concerns through a re- design of the site plan,
the addition of mature landscaping, submission of colored architectural elevations (See
Exhibit No. 3) and a tentative parcel map application. The PAC has recommended
approval of the plans as indicated in Exhibit No. 4.
Use Permit Compliance:
Professional and administrative offices are permitted in the business park district of the
Santa Ana Heights Specific Plan subject to the approval of a use permit. The proposed
location of the office use and the conditions under which it would be operated and
maintained are consistent with the General Plan and the purpose and intent of the BP
District in the Santa Ana Heights Specific Plan. As indicated in the previous sections, the
project complies with all applicable development standards and is generally consistent
with the design guidelines within the Specific Plan. Residential uses are not located
adjacent to the project site and therefore, development and operation of the site would
appear to be not detrimental to the surrounding area.
Traffic Phasing Ordinance:
Based on the information provided from the City Traffic Engineer, the proposed project is
forecast to generate a net increase of more than 300 average daily trips (ADT), and
therefore requires the approval of a traffic study per the Traffic Phasing Ordinance (TPO).
A traffic study has been prepared by a qualified consulting traffic engineer under contract
to the City to look at potential traffic impacts, cumulative traffic, site access, on -site
circulation and parking.
The project will generate approximately 551 daily trips, of which 80 trips are expected to
occur during the AM peak hour and 77 trips are .anticipated during the PM peak hour. The
project will contribute less than a 1% increase in traffic on ten of the eleven intersections
examined. At the eleventh intersection, Irvine and North Bristol, project traffic will increase
the volume on the northbound approach during the PM peak hour by more than 1 %. An
intersection utilization capacity (ICU) analysis was performed. The intersection is
presently operating at a level of service of "E" and with the project traffic increase, there
will be less than a 0.01 increase in the ICU; therefore no mitigation is required for this
project. The traffic engineer also concluded that site access and on -site circulation
provides adequate circulation with no significant conflicts, while the proposed parking
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adequately provides for parking needs. As noted previously, the project provides one
parking stall for every 250 square feet of net floor area, which it the City's standard
parking standard for commercial land uses.
Title 19 (Subdivisions) Comgliance:
Pursuant to Section 19.12.070 of the City Subdivision Code, the following findings must
be made to approve the Tentative Parcel Map. If the Planning Commission determines
that one or more of the findings listed cannot be made, the Tentative Parcel 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 previously, the project is consistent with the General Plan and the Santa
Ana Heights Specific Plan in Title 20. The Public Works Department has reviewed the
proposed parcel map and has concluded that it is consistent with the Subdivision Code.
Conditions of approval will also be included to ensure compliance.
❑ That the site is physically suitable for the type and density of development.
The subject site is not within a zone deemed to be subject to seismically induced
liquefaction potential based upon the geotechnical report. The project is below the
maximum Floor Area Ratio (FAR) of 0.5. There is a minor change in topography between
the subject property and the adjacent lot, Birch Bayview Plaza I, at the area of
ingress /egress. However, this change has been incorporated in the design of the project.
The site is suitable for the type and density of development proposed in that the
infrastructure serving the site and surrounding area has been designed and developed to
accommodate the proposed project.
❑ That the design of the subdivision or the proposed improvements is not likely to
cause substantial environmental damage nor substantially and avoidably injure fish
or wildlife or their habitat. However, notwithstanding the foregoing, the decision -
making body may nevertheless approve such a subdivision if an environmental
impact report was prepared for the project and a finding was made pursuant to
Section 21081 of the California Environmental Quality Act that speck economic,
social, or other considerations make infeasible the mitigation measures or project
alternatives identified in the environmental impact report.
A Mitigated Negative Declaration has been prepared for the project. It concludes that the
project will have a less than significant impact to the environment and no cumulative
impacts have been identified. The site is developed in a highly urbanized area and no
significant natural resources exist in the area of the project site. The project includes a
system for filtering storm runoff onsite before it is discharged to the storm water system.
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i
❑ That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
No evidence is known to exist that would indicate that the planned business park will
generate any serious public health problems. All mitigation measures will be implemented
as outlined in the Mitigated Negative Declaration to ensure the protection of the public
health.
❑ That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. In this connection, the decision- making body may
approve a map if it finds that alternate easements, for access or for use, will be
provided and that these easements will be substantially equivalent to ones
previously acquired by the public. This finding shall apply only to easements of
record or to easements established by judgment of a court of competent
jurisdiction and no authority is hereby granted to the City Council to determine that
the public at large has acquired easements for access through or use of property
within a subdivision.
One easement for ingress /egress and emergency access to the property from the
adjoining lot will be recorded. Public utility easements for utility connections that serve the
project site are present and will be modified, as necessary, to serve the new project.
❑ 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.
o 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.
The design of the proposed project provides each lot with direct southern exposure to the
maximum extent feasible; therefore, this finding can be made.
❑ 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.
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The proposed business park does not create residential units. However, the project does
generate jobs. The applicant has projected a figure of approximately 150 employees for
the three (3) office buildings. This figure would represent less than 1% of the total
population of the City of Newport Beach for the year 2000 (70,032). Commonly- accepted
threshold standards indicate that if a project will result in a net increase of less than
100,000 square feet of commercial area, there will be no significant impact on the existing
and planned residential housing stock.
❑ That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the
Regional Water Quality Control Board.
Waste discharge into the existing sewer will be consistent with the commercial use of the
property, which does not violate Regional Water Quality Control Board (RWQCB)
requirements. The RWQCB has not provided any comments related to the proposed
Mitigated Negative Declaration as of the drafting of this report. The project also includes
improvements to the local storm water system such as the installation of a fossil type
filter, which will treat the first or low flow discharge prior to release into Newport Bay.
These features will mitigate and improve water quality thereby avoiding impacts to fish or
wildlife.
The proposal is in compliance with the parcel map standards for lot size, width, depth,
and square footage as required by the Municipal Code. The standards specify that lots
must be a minimum of 19,800 square feet within the Business Park District of the Santa
Ana Heights Specific Plan. The three proposed lots are each 27,895, 25,812 and 42,407
square feet. Therefore, the project is consistent with the legislative intent of Chapter 19 of
the Municipal Code and the Subdivision Map Act.
Environmental Review:
Staff has prepared a Mitigated Negative Declaration (MND) in accordance with the
implementing guidelines of the California Environmental Quality Act (CEQA). The
document was prepared by Robert Rusby, Environmental Coordinator of The Planning
Center. The MND has been noticed and distributed for a 30-day comment period that
expires on October 17, 2003. The MND is attached as Exhibit No. 6 for consideration.
The MND identifies five (5) issue areas where 35 mitigation measures are identified.
Those issues identified are: Cultural Resources, Hydrology/Water Quality, Air Quality,
Geology /Soils, and Transportation/Traffic. The draft resolution for project approval
includes the 35 mitigation measures as conditions which will ensure that the project will
not significantly and negatively impact the environment. The City of Newport Beach
received one (1) comment letter regarding the MND from The Irvine Ranch Water District
notifying the applicant of the required water calculations upon plan check submittal. The
project's Mitigation Monitoring Program (MMP) is attached to this report.as Exhibit No. 7.
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Public Notice:
Notice of this hearing was published in the Daily Pilot with the agenda, mailed to
property owners within 300 feet of the property and posted at the site a minimum of 10
days in advance of this hearing consistent with the Municipal Code. Additionally, the
item appeared upon the agenda for this meeting, which was posted at City Hall and on
the city website.
Alternatives:
The Commission may conclude that the Use Permit in conjunction with the Tentative
Parcel Map is inconsistent with the purpose and intent of the business park
development standards and design guidelines. In that case, staff would recommend a
continuance to allow the applicant time to revise the project pursuant to direction
provided by the Planning Commission.
CONCLUSION:
In staffs opinion, the requirements and findings necessary for project approval can be
met and the proposed business park project would not prove detrimental to the
surrounding area. The project will remove the non - conforming residential uses and
implement a professional office land use consistent with the General Plan and applicable
standards of the Santa Ana Heights Specific Plan under Title 20. The Tentative Parcel
Map is consistent with the consolidation of the site for a business park use. The
consolidation will provide a business park development with fewer driveways by
improving the overall community vehicular circulation. If the Planning Commission
concurs.:with staffs evaluation, it would be appropriate to adopt the attached draft
resolution of approval included as Exhibit No. 1.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Exhibits
Prepared by:
CHANDRA SLAVEN
Assistant Planner
1. Draft Resolution No. 2003 -_; findings of approval and conditions
2. Applicant Submittal Package including Site Plan, Landscape Plan, Tentative
Parcel Map and other associated drawings
3. Colored Architectural Elevations
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4. Project Advisory Committee (PAC) Letter of Approval
5. Santa Ana Heights Specific Plan Design Guidelines
6. Mitigated Negative Declaration (MND)
7. Mitigation Monitoring Program
8. MND Comment Letter
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EXHIBIT 1
DRAFT RESOLUTION NO.
i�
DRAFT RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVING USE PERMIT NO. 2003 -025,
NEWPORT PARCEL MAP NO. 2003-026 (TENTATIVE PARCEL TRACT
MAP. NO. 2003 -203) AND TRAFFIC STUDY NO. 2003 -004 FOR THE
PROPERTY LOCATED AT 20322 ACACIA STREET and 20341 & 20351
BIRCH STREET (PA2003 -164).
The Planning Commission of the City of Newport Beach does hereby find, resolve and
order as follows:
Section 1. An application was filed by Birch Bayview II, LP with respect to
property located at 20322 Acacia Street and 20341 & 20351 Birch Street (PA2003 -164)
and legally described as Lots 67, 96, and the southwesterly half of Lot 68 of Tract 706
(Harbor View Addition to Santa Ana Heights). The applicant seeks approval of a Use
Permit, Tentative Parcel Map and Traffic Study for the construction of three professional
office buildings on three lots that encompasses approximately 2.2 acres in the Santa
Ana Heights area.
Section 2. A public hearing was held October 23, 2003, at 6 :30 P.M. in the
City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, Califomia. A
notice of time, place and purpose of the meeting was given. Evidence, both written and
oral, was presented to and considered by the Planning Commission at the meeting.
Section 3. The Planning Commission finds as follows:
Consistency with the General Plan
The Land Use Element (LUE) designates the project site for Administrative,
Professional, Financial Commercial (APF) uses. The Administrative, Professional,
Financial Commercial has a 0.5 floor area ratio limit within the Santa Ana Heights.
Each of the three (3) proposed lots are to be developed with office buildings,
therefore complying with the floor area ratio limit with an average building FAR of
0.47. Therefore, the project is consistent with the LUE.
Consistency with the Title 20 (Zoning)
The entire 46,281 square feet development will provide 166 standard parking stalls
and 6 handicap stalls for a total of 172 stalls and consequently meets the parking
requirements established in Chapter 20.44.
2. The project as conditioned provides for a dedication from the applicant for a right -of-
way dedication of five feet for the widening of Acacia Street; and therefore is
consistent with the Santa Ana Heights Specific Plan Modified Street Standards
established in Chapter 20.44.
) (o
Resolution No.
Page 2 of 16
As proposed, the project meets all development standards contained in the Santa
Ana Specific Plan including setbacks, landscape, building height, floor area and site
coverage in Section 20.44.050 and design guidelines.
4. Professional and administrative offices are permitted in the business park district of
the Santa Ana Heights Specific Plan subject to the approval of a use permit. The
proposed location of the office use and the conditions under which it would be
operated and maintained are consistent with the General Plan and the purpose and
intent of the Business Park District in the Santa Ana Heights Specific Plan and
consequently compliant with the findings for a Use Permit.
The proposed project will not be detrimental to the welfare of persons residing or
working in or adjacent to the neighborhood of the business park. The proposed
project will be of similar nature to the surrounding business park uses, thereby
complimentary to the surrounding neighborhood as envisioned in the Santa Ana
Heights Specific Plan. There are no residential properties adjacent to the subject
property. The outlying residential properties are greater than 45 feet in distance from
the proposed development. Any impact created from the proposed development will
not directly affect the residential properties. No other sensitive land uses are in the
immediate vicinity.
Vesting Parcel Map for 20322 Acacia Street and 20341 & 20351 Birch Street
The subdivision as conditioned is consistent with the General Plan. Additionally, the
proposed subdivision is consistent with the Newport Beach Subdivision Code and
Subdivision Map Act and conditions of approval have been included to ensure
compliance.
2. The project site is flat, developed with urban uses with no environmental resources. No
other physical constraints to construction are known. Applicable planning policies and
codes within the Santa Ana Heights Speck Plan permit professional office buildings to
have a 0.5 floor area ratio limit and the proposed project is below this limit. The
necessary infrastructure already exists for this project. Due to these factors, the site is
suitable for the type and density of development proposed.
3. A Mitigated Negative Declaration has been prepared for the project. It concludes that
the project will have a less than significant impact to the environment. The site is
developed in a highly urbanized area and no significant natural resources exist in the
area of the project site except for Newport Bay. The project includes a system of
filtering storm runoff on site before it is discharged to the storm water system. The
project also includes improvements to the local storm water system where a fossil type
filter will be installed to treat the first or low flow discharge prior to discharge to Newport
Bay. These features will mitigate and improve water quality thereby avoiding impacts to
fish or wildlife.
`1
Resolution No. _
Page 3 of 16
4. The project consists of three (3) professional office buildings permitted by local
ordinance and the General Plan. No evidence is known to exist that would indicate that
the proposed project will generate any serious public health problems.
5. One (1) easement will be provided through the adjacent lot as secondary access to the
subject property for ingress /egress and emergency access. Public utility easements for
utility connections that serve the project site are present and will be modified, as
necessary to serve the new project. Therefore the proposed subdivision will not impact
public easements. Public improvements may be required of a developer per Section 19
of the Municipal Code and Section 66411 of the Subdivision Map Act and public
improvements may be required of a developer per Section 20.91.040 of the Municipal
Code.
6. The design of the proposed project provides each lot with direct southern exposure to
the maximum extent feasible; therefore, solar access and passive energy conservation
goals are met.
7. Waste discharge into the existing sewer will be consistent with commercial use due to
the design and limitations of the use of the property established by existing zoning
regulations. It is not anticipated that waste discharge into the sewer from these uses
would violate any Regional Water Quality Control Board (RWQCB) requirements or
Orange County Sanitation District standards.
Consistency with Title 15 (Traffic Phasing Ordinance)
1. A traffic study, entitled Traffic Phasing Ordinance (TPO) Study for Birch Bayview Plaza
II, Newport Beach, California (Linscott, Law & Greenspan, Engineers, September 4,
2003), was prepared for the project in compliance with Chapter 15.40 of the Municipal
Code (Traffic Phasing Ordinance).
2. The traffic study indicated that the project will contribute less than a 1% increase in
traffic on ten of the eleven intersections examined.
3. Utilizing the Intersection Capacity Utilization (ICU) analysis specified by the Traffic
Phasing Ordinance, the traffic study determined that the eleventh intersection, Irvine
and North Bristol, project traffic will increase the volume on the northbound approach
during the PM peak hour by more than 1 %. The intersection is presently operating at a
level of service of "E" and with the project traffic increase, there will be less than a 0.01
increase in the ICU; therefore no mitigation is required for this project.
4. Based on the weight of the evidence in the administrative record, including the traffic
study and the expectation that construction of the project will be completed within 60
months of project approval; the project will neither cause nor make worse an
unsatisfactory level of traffic service at the impacted intersection of Irvine and Bristol.
Mitigated Negative Declaration
Resolution No. _
Page 4 of 15
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 September 26, 2003 and October 17, 2003. There were no comment letters
received.
The contents of the environmental document have been considered in the various
decisions on this project. 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.
Section 4. Based on the aforementioned findings, the Planning Commission
hereby adopts a Mitigated Negative Declaration and Approves Use Permit No. 2003-
025, Newport Vesting Parcel Map No. 2003 -026 (Tentative Parcel Map. No. 2003 -203)
and Traffic Study No. 2003 -004 subject to the conditions set forth in Exhibit "A" attached.
Section 5. This action shall become final and effective fourteen (14) days after
the adoption of this Resolution unless within such time an appeal is filed with the City Clerk
or this action is call for review by the City Council in accordance with the provisions of Title
20,.Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF OCTOBER, 2003.
[
go
Earl McDaniel, Chairman
Michael Toerge, Secretary
AYES:
NOES:
ABSTAIN:
0
Exhibit' A"
Conditions of Approval
Planning Department:
Resolution No.
Page 5 of 15
1. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
2. Project approvals shall expire unless exercised within 36 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 prior to expiration by the Planning
Director in accordance with applicable regulations.
3. All storage of cartons, containers and trash, shall be enclosed by a building or by a
wall not less than six (6) feet in height. The size, design and location of trash
enclosures shall be subiect to the review and approval of the Public Works and
The enclosures shall be located on a concrete pad screened by a six foot high
decorative concrete block wall that is compatible with the architectural design of the
office buildings. The enclosures shall incorporate a cover of decorative beams or
other roofing material to provide security and visual screening from above.
4. The applicant shall submit a landscape and irrigation plan prepared by a licensed
landscape architect. Landscaping plans shall be provided in conformance with the
landscape guidelines of Section 20.44.020 (Design Guidelines). These plans shall
incorporate drought tolerant plantings and water efficient irrigation practices, and the
plans shall be approved by the Planning Director and the General Services
Department prior to the issuance of a building permit. All planting areas shall be
provided with a permanent underground automatic . sprinkler irrigation system of a
design suitable for the type and arrangement of the plant materials selected. 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.
5. 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.
6. Exterior on -site lighting shall be shielded and confined within site boundaries. No
direct rays or glare are permitted to shine onto public streets or adjacent sites or
MI
Resolution No. _
Page 6 of 16
create a public nuisance. Valpak" type fixtures are not permitted. Parking area
lighting shall have zero cut -off fixtures.
7. The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America. If in the
opinion of the Planning Director, the illumination does create an unacceptable
negative impact on surrounding land uses or environmental resources, then the
applicant shall prepare a photometric study in coniunction with a final lighting plan
for approval by the Planning Director prior to the issuance of a building permit. The
Planning Director may order the dimming of light sources or other remediation upon
finding that the site is excessively illuminated.
Prior to sale, lease, or rental of any office building or portion thereof, the
applicanVowner shall provide to each prospective purchaser, lessee, or tenant a
notice and statement of acknowledgement that the property is subject to over flight,
sight and sound of aircraft operating from John Wayne Airport. The form and method
of distribution of said notice and statement of acknowledgement shall be provided to
the Planning Director.
9. Prior to issuance of building permit for new construction, the applicant shall submit a
"Notice of Proposed Construction" to the Federal Aviation Administration (FAA),
which will initiate an Aeronautical Study of the project by the FAA. Upon completion
of the FAA Aeronautical Study, the applicant shall submit evidence to the Planning
Director that restrictions and conditions, if any, imposed on the project by the FAA
have been incorporated into the final design of the project.
Fire Department;
10. Each individual building shall be protected with an automatic fire suppression
sprinkler system subject to the review and approval of the Newport Beach Fire
Department.
11. The egressfingress easement across the adjacent property shall be indicated on the
parcel map as a fire access road that shall never be obstructed, built upon, or a gate at
any time.
Building Department;
12. Prior to the issuance of a certificate of occupancy permit, all improvements shall be
constructed in a manner meeting the approval of the Building Department.
13.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.
Resolution No. _
Page 7 of 16
Public Works — Vehicular Circulation and Improvements:
14. Prior to the recordation of the map or prior to the Issuance or L)uuun lu tim 11 mb lu, 11 �G
new construction, the applicant shall record a dedication for a 5 -foot wide easement
along the. entire Acacia Street frontage to the City of Newport Beach. The dedication
shall be subject to the review and approval of the Newport Beach Public Works
Department and City Attorney prior to recordation.
15. Prior to the recordation of the map or prior io me Issuance uI Uu11u111u IlonIIna IV,
new construction, the applicant shall provide evidence that an Ingress /egress
easement for ingress /egress and emergency access has been recorded across the
adjacent property allowing access as planned by the approved plan.
16.Prior to building permit issuance for new construction, the applicant shall re- stripe
two (2) former loading stalls in the adjacent lot, Birch Bayview Plaza I, to meet the
City of Newport Beach's parking stall standards. These two stalls are to be provided
for the loss of two (2) required parking stalls for a previously approved Use Permit
under the jurisdiction of the County of Orange. Evidence of the re- striping shall be
provided for the approval of the City Traffic Engineer.
17.Asphalt or concrete access roads shall be provided to all public utilities, vaults,
manholes, and junction structure locations, with width to be approved by the Public
Works Department.
18.All improvements within the public right of way shall be constructed as required by
Ordinance and the Public Works Department.
19. Project access to Birch and Acacia Streets must conform to the City's sight distance
standard 110 -L. The design shall be reviewed and approved by the City Traffic
Engineer.
20. Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment
and flagmen. Traffic control and transportation of equipment and materials shall be
conducted in accordance with state and local requirements. The applicant shall
prepare a construction phasing plan and construction delivery plan that includes
routing of large vehicles prior to the issuance of building permits for new
construction. Large construction vehicles shall not be permitted to travel narrow
streets and alleys as determined by the Public Works Department.
21.Arrangements shall be made with the Public Works Department in order to
guarantee satisfactory completion of the public improvements, if it is desired to
obtain a building permit prior to completion of the public improvements.
22.The applicant shall provide wheel stops or other approved protective barrier
methods as necessary within the parking areas, The parking spaces shall be marked
A?,
Resolution No.
Page 8 of 16
with approved traffic markers subject to the approval of the Public Works
Department or painted white lines not less than 4 inches wide.
23. Prior to occupancy, street improvements including but not limited to curb and gutter
shall be reconstructed along Birch Street frontage under an encroachment permit
issued by the Public Works Department to replace the existing driveway. The
existing concrete sidewalk along Birch Street shall be reconstructed in conformance
with the Santa Ana Heights Specific Plan requirements. Final street improvements
shall subject to further review by the Public Works Department.
24. Prior to occupancy, the applicant shall construct all street improvements for the
entire frontage of the property to the centerline along Acacia Street under an
encroachment permit issued by the Public Works Department. Street improvements
including but not limited to the street pavement, concert sidewalk, curb and gutter
and driveway approaches shall be constructed in accordance with the soils report
recommendations and in conformance with the Santa Ana Heights Specific Plan
requirements and the Public Works Design Manual. Final street improvements shall
be subject to further review by the Public Works Department.
25. The on -site parking, vehicular circulation and pedestrian circulation systems shall be
subject to further review by the Traffic Engineer.
26. Prior to occupancy, bicycle lockers shall be provided for use of employees or tenants
who commute by bicycle. A minimum of two (2) lockers per 100 employees shall be
provided on site easily accessible to either Birch or Acacia Street. Final location shall
be subject to further review by the Public Works Department.
27. Prior to occupancy, a commuter information area shall be provided in 1 or more
central areas that are accessible to all employees or tenants. Information shall
include, but not limited to, current maps, routes and schedules for public transit,
ridesharing match lists, available commuter incentives and ridesharing promotional
material supplied by commuter- oriented organizations. Final information area shall
be subject to further review by the Public Works Department.
Public Works - Public Utility Improvements:
28.All utility 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.
29. Overhead utilities serving the site shall be undergrounded to the nearest appropriate
pole in accordance with Section 19.24.140 of the Municipal Code unless it is
determined by the City Engineer that such undergrounding is unreasonable or
impractical.
a5
Resolution No.
Page 9 of 16
30.Any Edison transformers serving the site shall be located outside the sight distance
planes as described in City Standard 110 -L.
31.The existing above ground cable television box and SCE vent pipes within the
existing Birch Street sidewalk shall either be relocated behind the back of existing
sidewalk or a "jog" walk- around sidewalk be constructed behind these existing
improvements.
32. Each office building shall be separately served with an individual water service,
unless otherwise approved by the Public Works Department and the Building
Department. The water meter shall be located behind the back of the public sidewalk
as required by the Irvine Ranch Water District.
33. Each office building shall be served by an individual sewer connection. The sewer
cleanout shall be constructed at a located approved by the Mesa Consolidated
Sanitation District.
34.In accordance with the provisions of Chapter 13 of the Newport Beach Municipal
Code or other applicable section or chapter, street trees shall be required and shall
be subject to the review and approval of the General Services and Public Works
Departments.
35.The applicant must provide mature trees in sizes comparable (or the largest
commercial available) to the existing trees located on the adjacent lot, Birch Bayview
Plaza I. All street trees must be a minimum 24 -inch box size when installed and
subject to the review and approval of the General Services and Public Works
Departments.
Public Works — Parcel Map Requirements:
36.A site plan shall be provided prior to recordation of any tract map or issuance of a
building permit for new construction showing the location of all proposed street
lights, fire hydrants, trees, landscape, vents and other obstructions.
37.A final map shall be recorded. That the final map be prepared so that the Bearings
relate to the State Plane Coordinate System. The final map shall be prepared on the
California coordinate system (NAD83) and that prior to recordation of the final map,
the surveyor /engineer preparing the map shall submit to the County Surveyor and to
the City of Newport Beach a digital - graphic file of said map in a manner described in
Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange
County Subdivision Manual, Subarticle 18. Prior to recordation of the final map, the
surveyor /engineer preparing the map shall tie the boundary of the map into the
Horizontal Control System established by the County Surveyor in a manner
described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code
and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron
pipe with tag) shall be set on each lot corner unless otherwise approved by the
A4
Resolution No. _
Page 10 of 16
Subdivision Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
38.A standard subdivision agreement and accompanying surety shall be provided in
order to guarantee satisfactory completion of the public improvements if it is desired
to record a tract map or obtain a building permit prior to completion of the public
improvements.
Public Works /Building - Drainage and NPDES:
39.A drainage plan shall be submitted and approved prior to the issuance of a Building
Permit showing the method for control and disposal of all waters flowing into, across
and from the building site and statement setting forth the method by which facilities
shall be maintained.
40. Street, drainage and utility improvements shall be shown of standard improvement
plans prepared by a licensed civil engineer and approved by the City Engineer. All
non - standard improvements shall be shown on standard improvement plans
prepared by a licensed civil engineer and approved by the City Engineer and the
City Council.
41.The on -site storm drain system shall be privately maintained. Fossil filters or
equivalent measures shall be included as part of the design of catch basins and curb
inlets. An on -site clarifier shall be provided.
42.The existing storm drain catch basin located along the southerly property line of this
development, with a connection to an existing storm drain system, shall be removed.
The existing storm drain pipe shall be capped and abandoned. No curb drains shall
be constructed to discharge on -site drainage onto the public right -of -way.
43.On -site drainage shall not be routed in manner that would cause any spillage onto
the existing development southerly of this project through the proposed access drive
shown between the two developments.
44. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study
(include off -site areas affecting the development) shall be prepared by a qualified
engineer and approved by the Building Department. The report shall include
detailed drainage studies indicating how the grading, in conjunction with the
drainage conveyance systems including applicable swales, channels, street flows,
catch basins, storm drains, and flood water retarding, will allow building pads to be
safe from inundation from rainfall runoff which may be expected from all storms up to
and including the theoretical 100 -year flood. Any modifications or extensions to the
existing storm drain, water and sewer systems shown to be required by the study
shall be the responsibility of the developer.
A5
Resolution No.
Page 11 of 16
45. Prior to the issuance of -grading permit, a recorded drainage acceptance letter for
any concentration or increase of drainage runoff to adjacent properties shall be
submitted for review and approval by the Building Department.
46. Prior to issuance of a grading permit, the applicant shall submit an erosion /siltation
control plan to the Building Department for review and approval. The plan shall
incorporate storm water pollutant control.
47. Prior to initiation of any earthwork activities or issuances of any grading permit, the
applicant shall submit a Storm Water Pollution Prevention Plan to the City for review
and approval. The Storm Water Pollution Prevention Plan shall be maintained on-
site throughout the construction phase and shall be made available to the public for
review, upon request.
48.Prior to the issuance of a grading permit, the applicant shall obtain a NPDES
(National Pollution Discharge Elimination System) permit. The applicant shall
incorporate storm water pollutant control into erosion control plans using Best
Management Practices to the maximum extent possible. Evidence that proper
clearances have been obtained through the State Water Resources Control Board
(SWRCB) shall be given to the Building Department prior to issuance of a grading
permits.
49. Prior to the issuance of a 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 shown in "Attachment C" of the DAMP title
"Water Quality Management Plan Outline" and be subject to the approval of the
Building Department.
50. Prior to the issuance of a grading permit, the following improvements shall be
designed in a manner meeting the approval of the Building Department:
■ All provisions for surface drainage.
• All necessary storm drain facilities extending to a satisfactory point of disposal for
the proper control and disposal of storm runoff.
■ Where determined necessary by the Building Department, associated public
street and utility easements shall be dedicated to the City of Newport Beach.
Resolution No,
Page 12 of 16
51.Applicant shall ensure that all construction contractor and subcontractor personnel
are made aware of the required best management practices and good housekeeping
measures for the project site and any associated construction lay -down areas.
52; During the construction phase the project applicant shall exercise special care to
prevent any offsite siltation. Project applicant shall properly maintain all temporary
erosion and sediment control measures until the Building Department approves the
removal of said measures.
53. During the construction phase, the applicant shall comply with the following
requirements:
• No construction materials, debris, or waste shall be placed or stored where it
may enter a storm drain or be subject to tidal erosion or dispersion.
• 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 coastal waters by wind, rain, or tracking.
Fees:
54. The applicant shall be responsible for the payment of all applicable City plan check
and inspection fees.
55. County Sanitation District fees shall be paid prior to issuance of any building permits.
Mitigation Measures of the Mitigated Negative Declaration —
56.The applicant and or contractor shall use pre- coated building materials to the
maximum extent feasible.
57.The applicant and or contractor shall use high pressure -low volume (HPLV) paint
applicators with 50% efficiency.
58.The applicant and or contractor shall use lower volatility paint not exceeding 100
grams of ROG per liter. Spread out the application over a longer period.
59. The applicant and or contractor shall incorporate enhanced dust control measures:
• Water all construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within 30 minutes of any visible dirt
aI
Resolution No. _
Page 13 of 16
deposition on any public roadway.
■ Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty
material.
■ Suspend all operations on any unpaved surface if winds exceed 25 mph.
■ Hydroseed or otherwise stabilize any cleared area which is to remain inactive for
more than 96 hours after cleaning is completed.
60. The applicant and or contractor shall incorporate the following emissions controls:
■ Require 90 -day low -NOx tune -ups for off -road equipment.
■ Limit allowable idling to 10 minutes for trucks and heavy equipment.
61.The applicant and or contractor shall incorporate the following off -site impacts:
• Encourage car pooling for construction workers.
• Limit land closures to off -peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off -site.
• Wash or sweep access points daily.
• Encourage receipt of materials during non -peak traffic hours.
62.The applicant and or contractor shall sandbag construction sites for erosion control.
63.I1' buried historical resources are discovered during ground- disturbing activities work
will stop in that area and within 100 feet of the find until a qualified historian can
assess the significance of the find and, if necessary, develop appropriate treatment
measures in consultation with the City of Newport Beach and other appropriate
agencies.
64. If buried archaeological resources are discovered during ground - disturbing activities
work will stop in that area and within 100 feet of the find until a qualified
archaeologist can assess the significance of the find and, if necessary, develop
appropriate treatment measures in consultation with the City of Newport Beach and
other appropriate agencies.
65. If buried paleontological resources are discovered during ground- disturbing activities
work will stop in that area and within 100 feet of the find until a qualified
a�
Resolution No.
Page 14 of 16
paleontologist can assess the significance of the find and, if necessary, develop
appropriate treatment measures in consultation with the City of Newport Beach and
other appropriate agencies.
66. If any human remains are discovered or recognized in any location on the project
site, there will be no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent human remains until the coroner has been
informed and has determined that no investigation of the cause of death is required.
67.The applicant and or contractor shall minimize the length of time that soils lie
exposed to the fullest extent possible.
68.The applicant and or contractor shall limit on -site vehicle speeds to 15 miles per
hour on unpaved surfaces.
69. Prior to Building Permit issuance, the applicant shall incorporate the
recommendations stated in the Preliminary Geotechnical Investigation produced by
P.A. & Associates, Inc. on February 14, 2003 for the proposed project area. Those
recommendations include instructions for Grading, Sub - Surface Soil Preparation,
Scarification, Import and Fill Material Usage, and Seismic Recommendations among
others.
70.Prior to Building Permit issuance, final foundation and slab subgrade soils shall be
tested at the completion of remedial grading to confirm expansion characteristics of
bearing soils which will govern final foundations and slab design. Special
geotechnical mitigation measures and foundation /slab design shall be implemented
if final foundation and slab subgrade soils exhibit any expansion potential.
71. Prior to Building Permit issuance for demolition of existing structures, a
comprehensive asbestos survey and a comprehensive Lead Based Paint (LBP)
survey shall be conducted in order to determine the presence or non - presence of
asbestos or lead in on -site structures.
72. For renovation and demolition construction activities that will disturb asbestos -
containing materials, a qualified asbestos abatement contractor will remove and
clean the area in accordance with SCAQMD and California OSHA requirements
prior to commencement of construction activities.
73.All construction contractors shall comply with SCAQMD regulations, including Rule
1113, which regulates architectural coatings, and Rule 1403, which specifies actions
to control asbestos emissions during demolition activities. Construction contractors
shall provide documentation to the City of Newport Beach that they will comply with
all applicable SCAQMD regulations and the mitigation measures.
74. For demolition or construction activities that will disturb areas containing lead -based
paint (LBP) a Lead Management Program shall be prepared, and implemented, to
avoid incidental, and/or accidental disturbance of lead -based paint. The program
Resolution No.
Page 15 of 16
shall set forth operational and maintenance guidelines to minimize lead exposure.
Prior to demolition, or major construction, specifications shall be properly modified to
incorporate the appropriate handling and /or removal of lead -based paint. The Lead
Management Program shall be submitted to the City of Newport Beach for review
prior to disturbance of any affected areas.
75. Personal and random area air monitoring shall be conducted during lead removal
and/or demolition.
76. Contractors shall keep debris piles wet after demolition to prevent lead particles from
becoming airborne.
77. All construction contractors shall comply with precautionary measures in accordance
with the guidelines set forth by the EPA, the Occupational Safety and Health
Administration (OSHA) and other regulatory agencies. Construction contractors
shall provide documentation to the City Newport Beach that they will comply with all
applicable regulations and mitigation measures.
78.During final project design, project drainage systems shall be engineered and
designed so that post - development site runoff is conveyed to existing drainage
systems. Design and engineering must ensure that post - development peak flows
from the site will not result in a net increase in peak flows above 1 % currently exiting
the site.
79.The applicant and or contractor shall limit construction to the daytime hours of 7:00
am to 6:30 pm on weekdays, and 8:00 am to 6:00 pm on Saturdays.
80. The applicant and or contractor shall require that all construction equipment be fitted
with properly sized mufflers.
81.The applicant and or contractor shall locate noisy construction equipment items as
far as practicable from the homes on Acacia Street and Birch Street.
82.The applicant and or contractor shall install mechanical ventilation within each office
building in order to ensure a habitable environment with doors closed.
83.The applicant and or contractor shall consider noise in the selection of mechanical
equipment for the project.
84. The applicant and or contractor shall have mechanical ventilation be required within
each office building in order to ensure a habitable environment with doors closed.
85. The applicant and or contractor shall have noise be a consideration in the selection
of mechanical equipment for the project. This may be achieved by procurement of
quiet equipment and /or the use of various techniques including construction of
rooftop.
Resolution No.
Page 16 of 16
86.The applicant and or contractor shall limit trash pickups at the project site to occur
during the nighttime hours of 10:00 p.m. to 7:00 a.m.
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EXHIBIT 4
PROJECT ADVISORY COMMITTEE (PAC) APPROVAL LETTER
5-�-
Newport Beach, CA 92660
Date: 09119/03
Chandra Slaven, Project Planner
Planning Department
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92659
(949) 644 -3231
RE: UP2003 -025: Birch Bayview Plaza II
20322, 20342,& 20352 Acacia Street and 20341 & 20351 Birch Street
Newport Beach, CA 92660
Dear Ms. Slaven
The PAC Development Subcommittee met with James Palda from Steadfast Companies and John Baile,
the Project Architect this morning. Mr. Baffle explained to the subcommittee the changes that had been
incorporated into the design since the first preliminary that the subcommittee reviewed and showed the
subcommittee colored elevations of the proposed buildings. For the most part the subcommittee was pleased
with the additional design elements and articulation to the exterior elevations. Most of the issues that the
subcommittee had in the first review appear to have been resolved.
There was still concern that the Birch and Acacia elevations needed additional aesthetic appeal, since
the entrances to the buildings face toward the interior of the site, and there was still concern that the Birch Street
elevation would appear very high and imposing from the street. The subcommittee understands that the project
meets the Newport Beach height criteria. The subcommittee asked that the street landscaping on both Birch and
Acacia Streets be a larger size than the minimum requirements. Instead of using 15 gallon and 24" box trees, use
36" box, or larger, trees. Both Mr. Palda and Mr. Baffle stated that this was acceptable.
With the changes that have been made to the project and with minimum 36" box trees in the landscape setbacks
on Birch and Acacia, the PAC Development Subcommittee recommends approval of this project as resubmitted.
Thank you for the opportunity to review this project. Thank you also for all the time and effort that you and others
at the City have invested to make this a better project, and to make the transition from County review to City
review a smooth one.
Respectfully yours,
Richard A. Dayton
PAC Development Subcommittee Chairman
(949) 645 -1717 fax: (949) 645 -4243
cc. Roger Summers, PAC Chairman
Subcommittee Members: Mary Slouka, Gary Hall, Davis Stieve
James Palda, Steadfast Companies
John Baile, Watkins / Saile and Associates
53
EXHIBIT 5
SANTA ANA HEIGHTS SPECIFIC PLAN DESIGN GUIDELINES
f�
20.44.015 Purpose
Page 20.44 -3
Specific Plan District #7
Santa Ana Heights
The purpose of the Santa Ana Heights Specific Plan is to provide for the orderly and balanced
development of the community consistent with the Specific Plan's adopted land use plan and
with the stated goals and policies of the Land Use Element of the General Plan. In carrying out this
goal, the principal objectives are as follows:
1. Encourage the upgrading of existing residential neighborhoods and business
development areas.
2. Ensure well planned business park and commercial developments which are
adequately buffered from adjacent residential neighborhoods.
3. Encourage the consolidation of smaller contiguous lots in the business park area.
4. Ensure that business park and residential traffic are separated to the maximum
extent possible, while minimizing impact upon existing parcels.
5. Ensure adequate provision of public works facilities as development occurs.
6. Enhance equestrian opportunities within the residential equestrian neighborhood.
7. Enhance the overall aesthetic character of the community.
The preceding goals and objectives have guided the preparation of this Specific Plan and are
incorporated into the various components of the plan.
20.44.020 Design Guidelines
A. Introduction.
The intent of the Santa Ana Heights Specific Plan design guidelines is to promote a
consistent, high quality character of development that will result in the overall
enhancement of the aesthetic character of the community. Use of these guidelines in
future project approvals will implement these objectives through the careful use of
building forms and materials, streetscape concepts, setback and buffer areas and a
unifying landscape concept. Combined, these elements will provide a sense of
identity to the specific plan area and development which will complement existing
and surrounding land uses while minimizing business park development impacts to
the adjacent REQ District.
Consolidation of single lots within the business park area of Santa Ana Heights
can provide for more flexibility in the design of office development, thereby
enhancing the aesthetic character and cohesiveness of the development. Lot
consolidation is encouraged within the business park area through the inherent
benefits obtained when developing on larger, consolidated parcels (e.g., the ability
to dissolve setbacks along interior lot lines and to design more efficiency into
11 /2101
Page 20.44 -4
Specific Plan District #7
Santa Ana Heights
parking areas), which will provide better business park development with fewer
driveways and improve the overall community vehicular circulation.
B. Architectural Guidelines for Business Park Uses. Due to the proximity of the areas
designated for business park uses to residential uses, it is the stated objective of the
City to provide architectural guidelines for business park uses which will blend with
and complement the residential areas of the community. In order to achieve that
goal, the following guidelines will be of prime importance in the consideration of
future development proposals.
1. Building Massing/Form.
a. Building facades abutting streets shall not have the appearance of
excessive massing or bulk. The use of grading techniques and
grade changes should be considered in order to minimize mass and
bulk of buildings.
b. Special consideration shall be given architecturally to emphasize
pedestrian areas such as entry ways, walkways, and
courtyards /plazas (e.g., trellises, low parapet wails, extended roof
or patio overhangs).
C. Buildings clustered around a pedestrian area, such as a
courtyard/plaza, shall be designed to minimize excessive shading
and maximize light exposure.
d. Long, uninterrupted exterior walls shall be avoided on all
buildings. For architectural interest, walls shall incorporate relief
features, including building elements, articulation, window
treatment, and negative space to create an interesting blend with
the landscaping, other buildings and the casting of shadows.
Incorporation of small -scale elements such as planters, installation
of mature landscaping and landform manipulation will aid in
softening the overall mass of structures.
e. Particular consideration as to color, material, and form shall be
given to the design and treatment of roofs because of their potential
visual impact.
f. Roof flashing, rain gutters, downspouts and vents shall be treated
to match materials and/or colors of the overall building. All roof
equipment shall be screened with materials/colors consistent with
the treatment of the building.
11/20/01
�U
i
Page 20.44 -5
Specific Plan District #7
Santa Ana Heights
g. Utilization of windows and balconies shall be encouraged in order
to extend interior space to the outside and to create a visual
connection with the exterior setting of courtyard or plaza areas.
However, usable balconies and unenclosed outside stairwells shall
not be used on was facing the REQ District.
h. Walls and/or fences shall be used to screen utility and maintenance
structures/facilities and storage areas. These surfaces shall match or
be in harmony with the exterior finish of any structure with which
they are in contact.
i. Radical theme structures, signage, building and roof forms shall be
discouraged.
2. Exterior Building Materials. The following shall be used as predominant
exterior wall materials throughout the business park area. A combination
of these materials is encouraged to soften and add architectural variety and
interest to building facades.
a. Wood.
b. Brick, stone, rock or other appropriate accent materials.
C. Architecturally treated concrete, concrete masonry, and block.
These materials are to be painted or integrally colored in tones
ranging from whites to earth tones.
d. Stucco, with a machine - applied or smooth finish in natural gray or
colors ranging from whites to earth tones.
Accent materials and colors shall be coordinated to achieve a continuity of
design with the overall structure and surrounding structures.
3. Glazing. The use of glass shall be subdued and in harmony with the
building and the natural surroundings. Glazing shall be used
predominately for the purpose of lighting interior space. Glazing shall not
be used as a major architectural element, but may be used as an accent
feature to add variety to building facades. Mirrored glazing shall not be
used.
I V20101
0
i
4. Building Entrances.
Page 20.44 -6
Specific Plan District 97
Santa Ana Heights
a. Site access, entrance drives and building entries shall be readily
observable and inviting to the first -time visitor.
b. Care shall be taken to provide minimum conflict between service
vehicles, private automobiles, and pedestrians.
c. Building entries shall be integrated with overall building form and
should be highlighted by such features as:
- entry porte- cocheres
- inviting pedestrian spaces such as plazas and fountains
- special planters and plantings
- textured hardscape
5. Building Rooflines.
a. Roofs may be sloped, in a hip, gable, or shed fashion. Flat roofs are
permissible.
b. Simulated wood and slate materials, lightweight concrete and tile
roofs are encouraged and must meet Building and Fire Code
requirements. Highly reflective metal roofing material is
prohibited. Asphalt and fiberglass materials are permitted only on
flat roofs where screened from view.
c. In all cases, roof - mounted mechanical equipment shall be screened
from view from the adjacent streets and adjacent REQ District
residences with materials finished to match materials and colors in
the roof and building.
d. Uncovered trash enclosures shall not be located any closer than 40
feet from any property line abutting the REQ District and no closer
than ten feet from any side property line and shall not exceed a
height of 8 feet maximum abutting the BP District.
6. Energy Considerations. Passive solar design orientation is encouraged.
Solar collectors, if used, shall be oriented away from public view or
designed as an integral element of the roof structure.
7. Sound Attenuation. All interior building areas shall be mitigated for noise,
consistent with the General Plan Noise Element.
11)20/01
6J
Page 20.44 -8
Specific Plan District #7
Santa Ana Heights
C. Landscape Guidelines. Landscape design is a crucial element in achieving a
distinctive development character and in blending the development with the existing
character of surrounding land uses. This character will be reinforced through the
coordinated design and selection of landscape and paving materials and emphasis on
special features such as entryways and signage. The overall landscape and buffer
theme for the specific plan area is illustrated in Exhibit 20.44 -2. Guidelines are
specified herein for the following landscape components of the plan:
• Streetscape
• Entry treatment
• Buffer design
• Parking lot design
• Hardscape and street furniture design
• Landscape maintenance
1. Streetscape.
a. Business Park Streetscave - Acacia and Birch Streets and Orchard
Drive.
Acacia Street, Birch Street and Orchard Drive roadways were
originally each designed with 2 11 -foot and 2 13 -foot travel lanes
and a 6 -foot walkway on either side. Acacia Street (within the
Business Park District) is designed with a 70 -foot right -of -way
with 2 12 -foot travel lanes, a 12 -foot median lane, an 8 -foot
bikeway and a 9 -foot parkway that will include a 6 -foot sidewalk
on either side (Exhibit 20.44 -3). Adjacent to the walkways outside
the right -of -way, a 10 -foot landscaped setback is required. Should
it be appropriate, road dimensions within right -of -way may be
modified as needed to accommodate existing structures. Birch
Street is now designed with an 80 -foot right -of -way and Orchard
Drive is designed with a 70 -foot right -of -way (Exhibits 20.44 -4
and 20.44 -5, respectively). Birch Street will have the same
improvements as Orchard Drive but with the added feature of a 10-
foot median/left turn pocket. The streetscape for the business park
area will be installed by individual property owners concurrent
with development of approved projects. Ongoing maintenance will
be the responsibility of individual property owners.
The 10 -foot landscaped front setback shall be benned at a 3:1 slope
and planted with the designated street tree, Tristania conferta
(Brisbane box), in one row, 30 feet on center. All street trees shall
be a minimum 24 -inch box size when installed. Later phases of
unoio� ,
50,
Q
i
Page 20.44 -13
Specific Plan District #7
Santa Ana Heights
development must provide trees in sizes comparable to existing
trees, or the largest commercially available.
To screen parking areas, the remainder of the landscaped setback
area shall be planted with a continual massing of shrubs and
groundcover using the following plant palettes:
Shrubs
Hemerocallis sun.
Hebe buxifolia `coed'
Pittosporum tobira `variegata'
Ranhiolepsis indica
Aeapanthus sna.
P_ittosnorum tobira `wheeleri'
Xvlosma congestum
TracheloWermum jasminoides
Daylily
`Hebe'
Variegated tobira
India hawthome
Lily -of- the -Nile
Dwarf tobira
Shiny xylosma
Starjasmine
All shrubs shall be a minimum size of five gallon.
Groundcover
Hedera Helix `Hahn English Ivy
Turf is discouraged.
Residential Streetscape _ Cypress Street.
The Cypress Street roadway is designed with two twelve -foot
travel lanes, eight -foot on- street parking areas on each side of the
street and, on the east side of the street, a five - foot -wide sidewalk
adjacent to the street. On the west side of the street, a three -foot
planted parkway will be located adjacent to the curb along with
twelve- foot -wide equestrian trail (Exhibit 20.44 -6). Funding for
implementation of the streetscape along Cypress Street may be
through an assessment district, redevelopment agency, or some
other future funding source. The surface of the equestrian trail shall
be one of the following:
• Compacted decomposed granite
• Existing soil, graded and compacted
A three and one -half -foot high split rail fence shall be installed on
both sides of the equestrian trail.
11/20101
�V1
� 7
Page 20.44 -14
Specific Plan District #7
Santa Ana Heights
C. Residential Streetscaue - Mesa Drive.
The Mesa Drive roadway is planned with the same design features
as Cypress Street, with an equestrian trail on the south side of the
street and a pedestrian sidewalk on the north side, Exhibit 20.44 -6
illustrates the typical section for Cypress Street and Mesa Drive
east of Birch Street. Funding for implementation of the streetscape
may be through an assessment district, redevelopment agency, or
some other future funding source.
d. Residential Streetscane - Orchard Drive
The Orchard Drive roadway is designed with two twelve -foot travel
lanes and eight -foot on- street parking areas on each side of the street.
A ten -foot planted parkway will be located on the north side of the
street. On the south side of the street, a ten -foot planted parkway
provided with a meandering four -foot sidewalk. Funding for
implementation of the streetscape within the residential area of
Orchard Drive may be through an assessment district, redevelopment
agency or some other future funding source. The streetscape
improvements within the business park area will be installed by
individual property owners concurrent with development of
approved projects.
The ten -foot landscaped parkways shall be planted with the
designated street tree, Platanus acerifolia (London plane tree), in
one row, thirty feet on center. All street trees shall be a minimum
24 -inch box six when installed. The remainder of the landscaped
area shall be planted with Vinca minor. eroundcover.
2. Entry Treatments.
a. Business Park Entry Treatment
The primary purpose of entry treatment is the announcement of
entry into the specific plan area. For the business park area, special
entry treatment will be located at the intersection of Irvine Ave.
and Orchard Dr. and on Birch St. just south of the South Bristol St.
intersection (Exhibit 20.44 -2). The two entry statements should be
identical in design in order to reinforce project continuity and
identification. These entries may include the following:
• Landscape elements, i.e accent trees, shrubs, and groundcover.
nnao1
U1
Page 20.44 -15
Specific Plan District #7
Santa Ana Heights
Entry monumentation.
Pedestrian crossings and signalization, if appropriate.
Recommended plant materials for the business park entryways
include the following:
Accent Trees:
Cupaniopsis Anacardioides Carrotwood
(multi- trunk)
Erythrina caffra Coral tree
(multi - trunk)
Jacaranda mimosifolia Jacaranda
(multi - trunk)
All accent trees shall be a minimum 24 -inch box size.
Shrubs:
Hemerocallis spy.
Daylily
Hebe buxifolia `coed'
Hebe
Pittosporum tobira `variegata'
Variegated tobira
Raphiolepsis indica
India hawthome
Bougainvillea M.
Bougainvillea
Agapanthus'svp.
Lily -of -the -Nile
Abelia grandiflora
Glossy abelia
Photinia fraseri
Photinia
PittoMorum tobira `wheeleri'
Dwarf tobira
Xylosma congestum
Shiny xylosma
Trachelospermum iasminoides
Star jasmine
Dodonea viscosa `pumurea'
Hop seed bush
All shrubs shall be a minimum size of five gallon.
Gmundcover:
Hedem Helix `Hahn' English Ivy
Gazania spp. Gazania
Entry Monumentation. Building materials to be used for
entry monumentation include the following:
• textured concrete
• wood
• stone
• masonry
• brick
11/20101
Page 20.44 -16
Specific Plan District #7
Santa Ana Heights
b. Residential Entry Treatment.
For the residential areas, entry treatments will be located on
Orchard Drive between Birch and Cypress streets and at the
intersection of Mesa Drive and Acacia Street (Exhibit 20.44 -2).
These entries should be identical in design and reflect a more
residential character in landscaping and signage, clearly delineating
to business park users the entrance to a residential neighborhood.
These entries may incorporate the following:
• Landscape elements: accent trees, shrubs and groundcover.
• Entry monumentation.
• Pedestrian crossings, if appropriate.
Recommended plant materials for the residential entryways include
the following:
Accent Trees:
Melaleuca quinq_uenervia
Jacaranda mimosifolia
(multi- trunk)
Liouidambar stvraciflua
Callistemon citrinus
All accent trees shall he a
Shrubs:
Cajeput tree
Jacaranda
American sweet gum
Lemon bottlebrush
minimum 24 -inch box size.
Hemerocallis snn.
Daylily
Hebe buxifolia `coed'
Hebe
Pittosporum tobira `variegata'
Variegated tobira
Raphiolgpsis indica
India hawthome
Bougainvillea slip.
Bougainvillea
Agapanthus W.
Lily -of -the -Nile
Abelia g_randiflora
Glossy abelia
Photinia fraseri
Photinia
Pittosporum tobira `wheeled'
Dwarf tobira
X,ylosma congestum
Shiny xylosma
Trachelospermum jasminoides
Star jasmine
Dodonea viscosa'pgMurea'
Hop seed bush
All shrubs shall be a minimum size of five gallon.
11/0/01
�
Page 20.44 -17
Specific Plan District #7
Santa Ana Heights
Groundcover:
Hedera Helix `Hahn' English Ivy
Gazania snn. Gazania
3. Buffer Design. Along all property lines where nonresidential uses abut
residential uses, a three- foot -wide landscape buffer shall be required in
order to screen and soften views from existing residential uses to business
park uses (see Exhibit 20.44 -7). The concept for planting the buffer areas
will consist of a dense planting of trees and shrubs incorporating both low
and high vertical elements. These elements will be combined with a six -
foot high opaque wall at the property line. Planting will consist of
evergreen trees and shrubs, to include the following:
Trees:
Pinus canariensis
Podocarpus gracilor
Cypress levlandii
Cupaniopsis anacardioides
Pittosporum undulatum
Pinus hg lenensis
Canary Island pine
Fern Pine
Cypress
Carrotwood tree
Victorian box
Aleppo pine
Trees shall be planted at 15 feet on center and shall include at least
one 24 -inch box tree, with adequate infill landscaping of approved
shrubs and groundcover. [clar f ed from County draft]
Shrubs:
Hemerocallis snp.
Daylily
Hebe buxifolia `coed'
Hebe
Pittosporum tobira `variegata'
Variegated tobira
Raphiolevsis indica
India hawthome
Bougainvillea snn.
Bougainvillea
Agananthus snn.
Lily -of- the -Nile
Abelia grrandiflora
Glossy abelia
Photinia fraseri
Photinia
Pittosporum tobira `wheeleri'
Dwarf tobira
Xylosma congestum
Shiny xylosma
Trachelosnermum iasminoides
Star jasmine
Dodonea viscosa `p_umurea'
Hop seed bush
All shrubs shall be a minimum size of five gallon.
nrzoroi
0
Groundcover:
Gazania spp.
Hedera Helix `Hahn'
Page 20.44 -18
Specific Plan District #7
Santa Ana Heights
Gazania
English Ivy
Heavy planting is recommended to screen views.
4. Parking Lot Design
Within parking areas, trees shall be provided at a minimum ratio of one
tree per four parking stalls. Planting islands shall be located not less than
every eight parking stalls. The planting islands shall be a minimum of
three feet wide and equal in length to the parking space it abuts (see
Exhibit 20.44 -8). Landscaping in parking lot areas is to be protected by a
curb at least six inches in height. Recommended plant materials include
the following:
Trees:
Melaleuca ouinauenervia
Cajeput tree
Pinus canariensis
Canary Island pine
Eucalyptus sideroxvlon
Red iron bark
Eucalyptus ficifolia
Red - flowering gum
Cupaniopsis anacardiodes
Carrotwood tree
Shrubs:
Hemerocallis spp.
Daylily
Hebe buxifolia `coed'
Hebe
Pittosporum tobira `variegate'
Variegated tobira
RWhiolepsis indica
India hawthorne
Bougainvillea spp.
Bougainvillea
Agapanthus spp.
Lily -of -the -Nile
Abelia grand flora
Glossy abelia
Photinia fraseri
Photinia
PittoMorum tobira `wheeleri'
Dwarf tobira
Xylosma congestum
Shiny xylosma
Trachelospermum iasminoides
Star jasmine
Dodonea viscosa `purpurea'
Hop seed bush
All shrubs shall be a minimum size of five gallon.
11120 /01
U5
Page 20.44 -22
Specific Plan District #7
Santa Ana Heights
Groundcover:
Gazania M. Gazania
Hedera Helix `Hahns' English Ivy
3. HardscM and Street Furniture Design.
Hardscape and street fumiture design elements incorporated into the
overall design theme for development in the specific plan area shall
include, but not be limited to: walls and fences, paving, light fixtures,
bollards, benches, trash receptacles and planters. Hardscape and street
furniture elements will function to allow a coordinated and consistent
visual and physical connection between buildings and landscape materials
within the specific plan area.
Building materials to be used as key hardscape elements are specified
below. All materials utilized for walls, fences, paving, lighting and street
furniture shall be coordinated with and be complementary to architectural
design details and materials.
a. Walls and Fences.
• Concrete masonry: integral color, 4" coursing maximum
• Brick: either red or in earth tones
• Concrete: Textured, bush - hammered, rock salt, sandblasted,
integral color in earth tones
• Wrought iron (as accents)
• Stucco: integral or painted color (same as building stucco color
or approved alternative)
b. Project and hidividual Site Entry Paving (outside public R.O.W.).
• Concrete: integral color, rock salt, exposed aggregate finish
with brick or wood edges, or stamped concrete
• Paving brick: in earth tones
• Paving brick tile: in earth tones
• Textured concrete: in earth tones
• Precast rough - textured pavers: integral color
• Quarry tile: in earth tones
• Rough textured granite
• River washed stones/cobblestones
• Asphalt; use of asphalt with the above noted materials as
accent features is encouraged.
�lnoio�
U(9
i
C. Lighting Fixtures.
Page 20.44 -23
Specific Plan District #7
Santa Ana Heights
• The following lighting elements may be incorporated into site
plans for individual development proposals:
• Parking light standards
• Pedestrian pathways (bollard lights)
• Pedestrian plaza/courtyards (bollard lights)
• Landscape lighting
d. Miscellaneous Hardscane.
• Miscellaneous hardscape elements include bollards, benches,
trash receptacles and planters. All of these elements shall be
designed and located so as to complement and enhance the
building.
6. Landscape Maintenance. All landscaping shall be maintained as follows:
• All planting areas shall be kept free of weeds and debris.
• Lawn and groundcovers shall be kept trimmed and/or mowed
regularly.
• All plantings shall be kept in a healthy and growing condition.
• Fertilization, cultivation and tree pruning shall be carried out as part of
regular maintenance.
• Irrigation systems shall be kept in working condition. Adjustment and
cleaning of system shall be a part of regular maintenance.
• Stakes, guys and ties on trees shall be checked regularly for correct
function; ties shall be adjusted to avoid creating abrasions or girdling
to the stems.
• Damage to plantings created by vandalism, automobile or acts of
nature shall be corrected within 30 days.
20.44.025 Land Use Regulations
A. Land Use Designations. The following land use designations are established for the
Santa Ana Heights Specific Plan area:
1. Open Space and Recreational: SP -7 (OS/R) District.
2. Residential Equestrian: SP -7 (REQ) District.
11/20101
0
CITY OF NEWPORT BEACH
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3200
C�tIFOAN�!
MITIGATED NEGATIVE DECLARATION
Pursuant to the Procedures of the City of Newport Beach for the implementation of the California Environmental
Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below:
Project Information
Project: Birch Bayview Plaza 11
Location: 20322 S.W. Acacia Street; 20341 and 20351 S.W. Birch Street
Project Proponent: Birch Bayview II, LP
Project Description: The City of Newport Beach (City) is circulating for public review and comment this
Mitigated Negative Declaration /Initial Study for the construction of three professional
office buildings totaling 46,281 square feet. The project applicant has submitted an
application for a Use Permit, Tentative Parcel Map and Traffic Study for the proposed
project, referred to as Birch Bayview Plaza II. The project provides for 166 standard
parking stalls and six handicap stalls for a total of 172 stalls.
Existing Conditions: The 2.2 -acre site is comprised of three contiguous parcels located at 20322 SW Acacia
Street and 20341 and 20351 SW Birch Street in the Santa Ana Heights area of Newport
Beach. The proposed development is surrounded by low -rise offices on all four sides
and zoned Business Park — BP.
Summary of Impacts: Attached is the Initial Study prepared for the project. The Initial Study reviews potential
environmental effects and identifies mitigation measures, where appropriate. Please
review the Initial Study for more details.
Availability of Documents:
Complete copies of the Mitigated Negative Declaration, and associated Initial Study are available at the Planning
Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92658 — 8915.
Mitigation Measures:
1. Use pre - coated building materials to the maximum extent feasible.
2. Use high pressure -low volume (HPLV) paint applicators with 50% efficiency.
3. Use lower volatility paint not exceeding 100 grams of ROG per liter.0
4. Spread out the application over a longer period.
5. Incorporate enhanced dust control measures:
• Water all construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any
public roadway.
• Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
• Hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than
96 hours after cleaning is completed.
6. Incorporate the following emissions controls:
• Require 90-day low -NOx tune -ups for off -road equipment.
• Limit allowable idling to 10 minutes for trucks and heavy equipment.
Use Use .O
8. Incorporate the following off-site impacts:
• Encourage car pooling for construction workers.
• Limit land closures to off -peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off -site.
• Wash or sweep access points daily.
• Encourage receipt of materials during non -peak traffic hours.
• Sandbag construction sites for erosion control.
9. If buried historical resources are discovered during ground- disturbing activities work will stop in
that area and within 100 feet of the find until a qualified historian can assess the significance of
the find and, if necessary, develop appropriate treatment measures in consultation with the City
of Newport Beach and other appropriate agencies.
10. If buried archaeological resources are discovered during ground - disturbing activities work will
stop in that area and within 100 feet of the find until a qualified archaeologist can assess the
significance of the find and, if necessary, develop appropriate treatment measures in
consultation with the City of Newport Beach and other appropriate agencies.
11. If buried paleontological resources are discovered during ground - disturbing activities work will
stop in that area and within 100 feet of the find until a qualified paleontologist can assess the
significance of the find and, if necessary, develop appropriate treatment measures in
consultation with the City of Newport Beach and other appropriate agencies.
12. If any human remains are discovered or recognized in any location on the project site, there will
be no further excavation or disturbance of the site or any nearby area reasonably suspected to
overlie adjacent human remains until the coroner has been informed and has determined that no
investigation of the cause of death is required.
13. Minimize the length of time that soils lie exposed to the fullest extent possible.
15. Limit on -site vehicle speeds to 15 miles per hour on unpaved surfaces.
16. Prior to Building Permit Issuance, the applicant shall incorporate the recommendations stated in
the Preliminary Geotechnical Investigation produced by P.A. & Associates, Inc. on February 14,
2003 for the proposed project area. Those recommendations include instructions for Grading,
Sub - Surface Soil Preparation, Scarification, Import and Fill Material Usage, and Seismic,
Recommendations among others.
IT Prior to Building Permit Issuance, final foundation and slab subgrade soils shall be tested at the
completion of remedial grading to confirm expansion characteristics of bearing soils which will
govern final foundations and slab design. Special geotechnical mitigation measures and
foundation /slab design shall be implemented if final foundation and slab subgrade soils exhibit
any expansion potential.
18. Prior to Building Permit Issuance a comprehensive asbestos survey and a comprehensive Lead
Based Paint (LBP) survey shall be conducted in order to determine the presence or non -
presence of asbestos or lead in on -site structures.
19. For renovation and demolition construction activities that will disturb asbestos - containing
materials, a qualified asbestos abatement contractor will remove and clean the area in
accordance with SCAQMD and California OSHA requirements prior to commencement of
construction activities.
20. All construction contractors shall comply with SCAQMD regulations, including Rule 1113, which
regulates architectural coatings, and Rule 1403, which specifies actions to control asbestos
emissions during demolition activities. Construction contractors shall provide documentation to
the City of Newport Beach that they will comply with all applicable SCAQMD regulations and the
mitigation measures.
21, For demolition or construction activities that will disturb areas containing lead -based paint (LBP)
a Lead Management Program shall be prepared, and implemented, to avoid incidental, and /or
accidental disturbance of lead -based paint. The program shall set forth operational and
maintenance guidelines to minimize lead exposure. Prior to demolition, or major construction,
specifications shall be properly modified to incorporate the appropriate handling and/or removal
of lead -based paint. The Lead Management Program shall be submitted to the City of Newport
Beach for review prior to disturbance of any affected areas.
22. Personal and random area air monitoring shall be conducted during lead removal and /or
demolition.
23. Contractors shall keep debris piles wet after demolition to prevent lead particles from becoming
airborne.
24. All construction contractors shall comply with precautionary measures in accordance with the
guidelines set forth by the EPA, the Occupational Safety and Health Administration (OSHA) and
other regulatory agencies. Construction contractors shall provide documentation to the City
Newport Beach that they will comply with all applicable regulations and mitigation measures.
Prior to initiation of any earthwork activities or issuances of any grading permit, the
applicant shall submit a Storm Water Pollution Prevention Plan to the City for review and
approval. The Storm Water Pollution Prevention Plan shall be maintained on site throughout
the construction phase and shall be made available to the public for review, upon request.
Prior to the issuance of a 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 shown in "Attachment C" of the DAMP title "Water
Quality Management Plan Outline" and be subject to the approval of the Building
Department.
27. During final project design, project drainage systems shall be engineered and designed so that
post- development site runoff is conveyed to
existing drainage systems. Design and engineering must ensure that post - development peak
flows from the site will not result in a net increase in peak flows above 1% currently exiting the
site.
:22. Prier la iss- lanGe of Building Pe;Fni� a detailed hydmlegig analysis shall be soRdUGted by the
61 IFIaGe Shall 134; Mgd-A. GaiGuiatiess of antiGipated Funa# shall be made using
staFFA water WrastFuGtuFa. DFainage systems shall be engqReeFed and designed rag that pe
development FuAeff is safely Gonveyed effaite. DFainage systems shall be engir;SeFed and
designed so that the Fate and amnuRt of post development rita r,,nG# does net adversely affe
Prior to the issuance of a grading permit, the following improvements shall be designed in a
manner meeting the approval of the Building Department:
• All provisions for surface drainage.
• All necessary storm drain facilities extending to a satisfactory point of disposal for
the proper control and disposal of storm runoff.
• Where determined necessary by the Building Department, associated public street
and utility easements shall be dedicated to the City of Newport Beach.
Prior to the issuance of a grading permit, the applicant shall obtain a NPDES (National
Pollution Discharge Elimination System) permit. The applicant shall incorporate storm water
pollutant control into erosion control plans using Best Management Practices to the
maximum extent possible. Evidence that proper clearances have been obtained through the
State Water Resources Control Board (SWRCB) shall be given to the Building Department
prior to issuance of a grading permits.
30. Limit construction to the daytime hours of 7:00 am to 6:30 pm on weekdays, and 8:00 am to
6:00 pm on Saturdays, and no construction on Sundays.
31. Require that all construction equipment be fitted with properly sized mufflers.
32. Locate noisy construction equipment items as far as practicable from the homes on Acacia
Street and Birch Street.
33. Install mechanical ventilation within each office building in order to ensure a habitable
environment with doors closed.
35. Limit trash piGkup6 at the pFojeo site to the daytime hews,.
3& A.4pph2nin;al ventilation will be requi.Fed hm.ONF; earl; PffiGa building is eFdeF !9 enswe a habitable
37. Noise shall be a consideration in the selection of mechanical equipment for the project. This
may be achieved by procurement of quiet equipment and /or the use of various techniques
including construction of rooftop parapets, equipment enclosures or the use of silencers.
38. Trash pickups at the project site shall not occur during the nighttime hours of 10:00 p.m. to 7:00
a.m.
EXHIBIT 7
MITIGATION MONITORING PROGRAM
Mitigation Monitoring Program
Birch Bayview Plaza If
This monitoring program has been prepared pursuant to Public Resources Code Section 21081.6, which
requires adoption of a reporting or monitoring program for projects in which the agency has required
changes or adopted mitigation to avoid significant environmental effects. Specific reporting and /or
monitoring requirements to be enforced during project implementation must be defined prior to final
approval of the project proposal by the responsible decision maker(s).
Each required mitigation measure is listed in the table below and categorized by impact area. Mitigation
measures are also designated the phase of the project during which time the measure shall be
implemented, i.e., Pre- construction, During construction, Prior to occupancy and /or Post occupancy.
Birch Bayview Plaza 11
Miff ation Monitoring Program
Mitigation Measure
Phase of
Date of
Responsible Party
Implementation
Compliance/Notes
Air Quality
1. Use pre -coated building materials to the
ApplicantlProject
Architect
maximum extent feasible.
and refer to CEQA
2. Use high pressure -low volume (HPLV)
rules establi hed by
paint applicators with 50% efficiency.
the Southern California
Air Quality
3. Use lower volatility paint not exceeding
Management District —
100 grams of ROG per Iiter.0
During construction
Diamond Bar Office
21865 Copley Dr.,
4. Spread out the application over a longer
Diamond Bar,
period.
800- 288 -7664 or (9W)
396-2000
5. Incorporate enhanced dust control
Applicant/Project
Architect
measures:
• Water all construction areas at least twice
and refer to CEQA
daily.
rules established by
• Cover all haul trucks or maintain at least
the Southern California
two feet of freeboard.
Air Quality
• Pave or apply water four times daily to all
Management District
unpaved parking or staging areas.
• Sweep or wash any site access points
within 30 minutes of any visible dirt
During construction
deposition on any public roadway.
• Cover or water twice daily any on -site
stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved
surface.if winds exceed 25 mph.
• Hydroseed or otherwise stabilize any
cleared area which is to remain
inactive for more than 96 hours after
cleaning is completed.
FIUSER5TLMSTared1PXsWP - 20031PP2003i64Fnvirmn leAMMP- Porai.dm
Birch Bayview Plaza 9
Mitt anon Monitoring Pro ram
Mitigation Measure
Phase of
Date of
Responsible Party
Implementation
Compliance/Notes
6. Incorporate the following emissions
Applicant/Project
controls:
Architect
Require 90 -day low -NOx tune -ups for off-
During construction
and refer to CEQA
road equipment.
rules established by
Limit allowable idling to 10 minutes for
the Southern California
trucks and heavy equipment.
Air Quality
Management District
7. Incorporate the following off -site
ApplicantlProject
impacts:
Architect
• Encourage car pooling for construction
and refer to CEQA
workers.
rules established by
• Limit land closures to off -peak travel
the Southern California
periods.
Air Quality
• Park construction vehicles off traveled
During construction
Management District
roadways.
• Wet down or cover dirt hauled off-site.
• Wash or sweep access points daily.
• Encourage receipt of materials during non-
peak traffic hours.
• Sandbag construction sites for erosion
control.
Cultural Resources
8. If buried historical resources are
discovered during ground- disturbing
activities work will stop in that area and
Applicant/Project
within 100 feet of the find until a
Contractor
qualified historian can assess the
During construction
significance of the find and, if
necessary, develop appropriate
treatment measures in consultation
with the City of Newport Beach and
other appropriate a encies.
9. If buried archaeological resources are
discovered during ground - disturbing
activities work will stop in that area and
Applicant/Project
within 100 feet of the find until a
Contractor
qualified archaeologist can assess the
significance of the find and, if
During construction
necessary, develop appropriate
treatment measures in consultation
with the City of Newport Beach and
other appropriate agencies.
10. If buried paleontological resources are
discovered during ground - disturbing
activities work will stop in that area and
Applicant/Project
within 100 feet of the find until a
Contractor
qualified paleontologist can assess the
significance of the find and, if
During construction
necessary, develop appropriate
treatment measures in consultation
with the City of Newport Beach and
other appropriate agencies.
F U9ERsT M8bwedWXs) PA e- ZOU3WP2�b1641ErnrnrtnentelNAMP fMal.4c
Birch Bayview Plaza H
Midi ation Monitoring Pro ram
Mitigation Measure
Phase of
Date of
Responsible Party
Im lementation
Compliance/Notes
11. If any human remains are discovered
or recognized in any location other
than a dedicated cemetery, there will
Applicant/Project
be no further excavation or disturbance
Contractor
of the site or any nearby area
reasonably suspected to overlie
During construction
adjacent human remains until the
coroner has been informed and has
determined that no investigation of the
cause of death is required.
Geol and Sgils
12. Minimize the length of time that soils lie
ApplicantfProject
exposed to the fullest extent possible.
Pre- construction &
Contractor/ P.A. &
During construction
Associates, Inc.
13. Limit on -site vehicle speeds to 15 miles
AppliicarrWroject
per hour on unpaved surfaces.
During construction
Contractor
14. Prior to Building Permit Issuance, the
applicant shall incorporate the
ApplicanUProject
recommendations stated in the
Contractor/ P.A. &
Preliminary Geotechnical Investigation
Associates, Inc.
produced by P.A. & Associates, Inc. on
February 14, 2003 for the proposed
project area. Those recommendations
During construction
include instructions for Grading, Sub -
Surface $oil Preparation, Scarification,
Import and Fill Material Usage, and
Seismic Recommendations among
others.
15. Prior to Building Permit Issuance, final
foundation and slab subgrade soils
shall be tested at the completion of
Applicant/Project
remedial grading to confirm expansion
Contractor/ P.A. &
characteristics of bearing soils which
Associates, Inc.
will govern final foundations and slab
During construction
design. Special geotechnical mitigation
measures and foundation /slab design
shall be implemented if final foundation
and slab subgrade soils exhibit any
expansion potential.
Hazards and Haidrtlaasi Materials.:..
17. Prior to Building Permit Issuance a
City of Newport Beach
comprehensive asbestos survey and a
Fire Department
comprehensive Lead Based Paint
(LBP) surrey shall be conducted in
Pre- construction
order to determine the presence or
non - presence of asbestos or lead in
on -site structures.
F: 4USERS \PIMSttereCU'A'stPAS- 2W3lPA2W3 .164 \EnvironmmteftMMP Ngl.doc
Birch Bayview Plaza ll
Mite anon Monitoring Pro ram
Mitigation Measure
Phase of
Date of
Responsible Party
Implementation
Compliance/Notes
18. For renovation and demolition
construction activities that will disturb
City of Newport Beach
asbestos - containing materials, a
Fire Department
qualified asbestos abatement
contractor will remove and dean the
Pre - construction
area in accordance with SCAQMD and
California OSHA requirements prior to
commencement of construction
activities.
19. All construction contractors shall
comply with SCAQMD regulations,
Provide documentation
including Rule 1113, which regulates
from SCAQMD to the
architectural coatings, and Rule 1403,
City of Newport Beach,
which specifies actions to control
Planning Department
asbestos emissions during demolition
activities. Construction contractors
During construction
shall provide documentation to the City
of Newport Beach that they will comply
with all applicable SCAQMD
regulations and the mitigation
measures.
20. For demolition or construction activities
Submit Lead
that will disturb areas containing lead-
Management Program
based paint (LBP) a Lead
to the City of Newport
Management Program shall be
Beach, Planning
prepared, and implemented, to avoid
Department
incidental, and/or accidental
disturbance of lead -based paint. The
program shall set forth operational and
maintenance guidelines to minimize
lead exposure. Prior to demolition, or
Pre - construction
major construction, specifications shall
be properly modified to incorporate the
appropriate handling and/or removal of
lead -based paint. The Lead
Management Program shall be
submitted to the City of Newport Beach
for review prior to disturbance of any
affected areas.
21. Personal and random area air
monitoring shall be conducted during
Applicant/Project
lead removal and/or demolition.
During construction
Contractor
22. Contractors shall keep debris piles wet
after demolition to prevent lead
Applicant/Project
particles from becoming airborne.
During construction
Contractor
F:W8ER31PLN13ha MPNs1 PAS - 2003IPA2003.1641EnviranmMWIWMP final.doc
Birch Bayview Plaza 11
Midi anon Monitorin Pro ram
Mitigation Measure
Phase of
Date of
Responsible Party
Implementation
Compliance/Notes
21 All construction contractors shall
comply with precautionary measures in
City of Newport Beach,
accordance with the guidelines set
Planning Department
forth by the EPA, the Occupational
Safety and Health Administration
(OSHA) and other regulatory agencies.
During construction
Construction contractors shall provide
documentation to the City Newport
Beach that they will comply with all
applicable regulations and mitigation
measures.
drol anif Water 4ua{i
24. Prior to initiation of any earthwork
City of Newport Beach,
Public Works/Building
Departments/ Water
activities or issuances of any grading
permit, the applicant shall submit a
Storm Water Pollution Prevention Plan
Quality and Code
to the City for review and approval.
Enforcement
The Storm Water Pollution Prevention
Pre - construction
Department
Plan shall be maintained on -site
throughout the construction phase and
shall be made available to the public
for review, upon request.
25. Prior to the issuance of a grading
City of Newport Beach,
Public mocks /Building
ermit, the applicant shall prepare a
Departments/ Water
Water Quality Management Plan
Quality and Code
(WQMP) specifically identifying the
Enforcement
Best Management Practices (BMP's)
Department
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
Pre - construction,
should be addressed to the appendix
During construction
section "Best Management Practices
& Post Occupancy
for New Development." The WQMP
shall dearly 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 shown
in "Attachment C" of the DAMP title
"Water Quality Management Plan
Outline" and be subject to the approval
of the Building Department.
F:WSER51PLM6hamcFPAV PAS- 2003WA2003- 1641EmjmnmentaMlMP final. o
Birch Bayview Plaza 9
WHO MonitoYn Pro ram
Mitigation Measure
Phase of
Date of
Responsible Party
Implementation
Compliance/Notes
26. During final project design, project
City is Newport Beach,
Public
drainage systems shall be engineered
ments Water
Departments! Water
and designed so that post-
Quality and Code
development site runoff is conveyed to
Enforcement
existing drainage systems. Design and
During construction ,
During construction
Department
engineering must ensure that post-
& Post Occupancy
development peak flows from the site
will not result in a net increase in peak
flows above 1 % currently exiting the
site.
27. Prior to the issuance of a grading
City of Newport Beach,
Public Works/Building
eo rmit, the following improvements
Departments/ Water
shall be designed in a manner meeting
Quality and Code
the approval of the Building
Enforcement
Department:
Department
• All provisions for surface drainage.
Pre-construction,
• All necessary storm drain facilities
During construction
g construts
extending to a satisfactory point of
& Post Occupancy
disposal for the proper control and
disposal of storm runoff.
• Where determined necessary by
the Building Department,
associated public street and utility
easements shall be dedicated to
the City of Newport Beam.
28. Prior to the issuance of a grading
City of Newport Beach,
Public
water
e3trrMg, the applicant shall obtain a
Departments! Water
menW
NPDES (National Pollution Discharge
Qualify and Code
Elimination System) permit. The
Enforcement
applicant shall incorporate storm water
Department
pollutant control into erosion control
Pre -construction,
ar'
plans using Best Management
During construction
Practices to the maximum extent
& Post Occupancy
possible. Evidence that proper
clearances have been obtained
through the State Water Resources
Control Board (SWRCB) shall be given
to the Building Department prior to
issuance of a grading permits.
29. Limit construction to the daytime hours
Applicant/Project
Architect
of 7:00 am to 6:30 pm on weekdays,
During construction
and 8:00 am to 6:00 pm on Saturdays
and no construction on Sundays.
30. Require that all construction equipment
During construction
Applicant/Project
Contractor
Contractor
be fitted with properly sized mufflers.
FA USERS1PLNlSMmo IPA'sAPAs- 2W3lPA2a03 -16 %EmlmmenMP MP final.doc
Birch Bayview Plaza 11
Miti anon Monitoiin Pro ram
Mitigation Measure
Phase of
Date of
Responsible Party
Implementation
Com Iiance /Notes
31. Locate noisy construction equipment
Contra ctoProject
Contraor
items as for as practicable from the
During construction
homes on Acacia Street and Birch
Street.
32. Install mechanical ventilation within
Contractor
Contractor
each office building in order to ensure
During construction
a habitable environment with doors
closed.
34. Noise shall be a consideration in the
Applicant/Project
Contractor
selection of mechanical equipment for
the project. This may be achieved by
procurement of quiet equipment and/or
Post - construction
the use of various techniques including
construction of rooftop parapets,
equipment enclosures or the use of
silencers.
35. The applicant and or contractor shall
Appficant/Project
limit trash pickups at the project site to
Contractor
occur during the daytime hours of 7:00
Post - construction
a.m to 10:00 P.M.
F. %USERSTLMSharedlPNsWAs - 2GWA2 ()MA541EnVrwmenlahMMP_FlnmLWc
IT14 RANI %M DISTRICT 15600 Send Canyon Ave., P.O. Box 57000, Irvine, CA 92619- 7000 049) 453 -5300
October 8, 2003
Chandra Slaven
Assistant Planner
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92685 -8915
Subject: Notice of Preparation of a Mitigated Negative Declaration (MND) for the Birch
Bayview Plaza II Business Park Development
Dear Ms. Slaven:
Irvine Ranch Water District (IRWD) has received and reviewed the subject MND and offers
these comments. IRWD will be the potable water service provider for the proposed project. The
MND would benefit from a discussion and calculation of water demands since this information
will be utilized at the time of submittal to the IRWD Development Services section for plan
check. The IRWD Water Resources Master Plan (WRMP) provides demand factors for land uses
and is available at district headquarters for your purchase or review. The project proponent will
be responsible for connection fees associated with the proposed project. In addition, iRWD
owns and operates facilities in the vicinity of the proposed project and the project proponent will
be responsible for any impact to those facilities.
IRWD encourages water conservation and has staff available to assist in evaluating the design of
the facility. The installation of water saving fixtures and landscape treatments for interior and
exterior water uses can significantly improve efficiency. For more information regarding water
efficiency, please call Ted Hunt at (949) 453 -5860.
IRWD appreciates the opportunity to review and comment on the MND. Should you have any
questions or require additional information, please contact Gregory Herr, Planning and
Resources Specialist at (949) 453 -5577.
Yours truly,
Richard A. Diamond
Principal Engineer, Water Resources
RAD /GKH
ECEIVED BY
PLAN,,ING DEPARTMENT
CITY nG r ipwono-r ?EACH
O "T 1 5 2003
AM PM
WAD
789101112128458
I t t t t t t t t t t
IT14 RANI %M DISTRICT 15600 Send Canyon Ave., P.O. Box 57000, Irvine, CA 92619- 7000 049) 453 -5300
October 8, 2003
Chandra Slaven
Assistant Planner
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92685 -8915
Subject: Notice of Preparation of a Mitigated Negative Declaration (MND) for the Birch
Bayview Plaza II Business Park Development
Dear Ms. Slaven:
Irvine Ranch Water District (IRWD) has received and reviewed the subject MND and offers
these comments. IRWD will be the potable water service provider for the proposed project. The
MND would benefit from a discussion and calculation of water demands since this information
will be utilized at the time of submittal to the IRWD Development Services section for plan
check. The IRWD Water Resources Master Plan (WRMP) provides demand factors for land uses
and is available at district headquarters for your purchase or review. The project proponent will
be responsible for connection fees associated with the proposed project. In addition, iRWD
owns and operates facilities in the vicinity of the proposed project and the project proponent will
be responsible for any impact to those facilities.
IRWD encourages water conservation and has staff available to assist in evaluating the design of
the facility. The installation of water saving fixtures and landscape treatments for interior and
exterior water uses can significantly improve efficiency. For more information regarding water
efficiency, please call Ted Hunt at (949) 453 -5860.
IRWD appreciates the opportunity to review and comment on the MND. Should you have any
questions or require additional information, please contact Gregory Herr, Planning and
Resources Specialist at (949) 453 -5577.
Yours truly,
Richard A. Diamond
Principal Engineer, Water Resources
RAD /GKH