HomeMy WebLinkAbout2011-7 - Newport Business PlazaRESOLUTION NO. 2011-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE
DECLARATION, APPROVING GENERAL PLAN AMENDMENT
NO. GP2008 -007, APPROVING TENTATIVE PARCEL MAP NO.
NP2010 -006 FOR A NEW COMMERCIAL BUSINESS PLAZA
LOCATED 4699 JAMBOREE ROAD AND 5190 CAMPUS DRIVE
(PA2008 -164)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by WPI- Newport, LLC, with respect to property located at 4699
Jamboree Road and 5190 Campus Drive, and legally described as Parcels 1 and 2 of
Parcel Map, as per map filed in Book 142, Pages 18 and 19 of Parcel Maps, in the Office
of the Orange County Recorder, requesting approval of: 1) a General Plan Amendment
to increase the maximum allowable development limit for Anomaly Location #6 of the
Land Use Element by 11,544 gross square feet, 2) an amendment to the Koll Center
Newport (PC -15) Planned Community text to allow an increase to the Allowable Building
Area for Professional & Business Office Site F by 18,346 net square feet, and 3)
approval of a tentative parcel map for commercial condominium purposes, and to
combine the existing two parcels (Parcel 1 at 4699 Jamboree Road and Parcel 2 at 5190
Campus Drive) into a single building site.
2. The applicant proposes to demolish the two existing buildings and redevelop the site
with a new approximately 46,000- gross- square -foot commercial business plaza.
3. The subject property is located within the Koll Center Newport (PC -15) Planned
Community Zoning District and the General Plan Land Use Element category is Mixed -
Use Horizontal 2 (MU -1-12).
4. The subject property is not located within the coastal zone.
5. A public hearing was held by the Planning Commission on August 5, 2010, in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of the meeting was given in accordance with the Newport
Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to,
and considered by, the Planning Commission at this meeting.
6. At the August 5, 2010, Planning Commission hearing, the Planning Commission voted 6
ayes and 1 excused recommending that the City Council approve the project application
as proposed, subject to findings and conditions of approval.
7. At its regular meeting of October 21, 2010, the Airport Land Use Commission for Orange
County considered the project and voted to find the project consistent with the
Commission's Airport Environs Land Use Plan for John Wayne Airport.
8. The applicant filed a request for a waiver of the requirement of a development agreement
pursuant to the provisions of Chapter 15.45 of the NBMC.
9. A public hearing was held by the City Council on January 11, 2011, (continued from the
October 26 and November 23, 2010 meetings), in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the NBMC. Evidence, both written and oral,
was presented to, and considered by, the City Council at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance
with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K -3.
2. The draft Mitigated Negative Declaration was circulated for a 20 -day public comment
period beginning on May 19, 2010, and ending on June 7, 2010. The contents of the
environmental document and comments on the document were considered by the
Planning Commission and City Council in its review of the proposed project.
3. On the basis of the entire environmental review record, the proposed project, with
mitigation measures, will have a less than significant impact upon the environment and
there are no known substantial adverse affects on human beings that would be
caused. Additionally, there are no long -term environmental goals that would be
compromised by the project, nor cumulative impacts anticipated in connection with the
project. The mitigation measures identified and incorporated in the Mitigation
Monitoring and Reporting Program are feasible and will reduce the potential
environmental impacts to a less than significant level.
4. The Mitigated Negative Declaration and the Mitigation Monitoring and Reporting
Program attached as Exhibit "A" is hereby adopted. The document and all material,
which constitute the record upon which this decision for recommendation was based,
are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport
Beach, California.
5. The City Council finds that judicial challenges to the City's CEQA determinations and
approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge,
and bear the responsibility for any costs, attorneys' fees, and damages which may be
awarded to a successful challenger.
SECTION 3. FINDINGS.
1. The project site is located in the Statistical Area L4 (Airport Area) of the Land Use
Element of the General Plan, and is identified as Anomaly Location #6. The General
Plan Land Use Element designates the project site as Mixed -Use Horizontal 2 (MU-
H2). The MU -H2 designation provides for a horizontal intermixing of uses that may
include regional commercial office, multifamily residential, vertical mixed -use buildings,
industrial, hotel rooms, and ancillary neighborhood commercial uses. The proposed
new commercial business plaza is consistent with this designation.
2. General Plan Policy LU 3.2 encourages the enhancement of existing neighborhoods,
districts, and corridors, by allowing for re -use and infill with uses that are
complementary in type, form, scale, and character. The policy states that changes in
use and /or density /intensity should be considered only in those areas that are
economically underperforming, are necessary to accommodate Newport Beach's
share of projected regional population growth, improve the relationship and reduce
commuting distance between home and jobs, or enhance the values that distinguish
Newport Beach as a special place to live for its residents. The scale of growth and new
development shall be coordinated with the provision of adequate infrastructure and
public services, including standards for acceptable traffic level of service.
The proposed General Plan amendment to increase the maximum allowable
development limit in Anomaly Location #6 from 34,500 gross square feet to 46,044
gross square feet is consistent with General Plan Policy LU 3.2 as follows:
• The increased development limit would allow for redevelopment of the existing
underperforming properties, and would allow a project what would generate greater
architectural presence and enhance this prominent intersection at the northeast
boundary of the City limits.
• The proposed project would be served by adequate infrastructure and public
services, and the proposed increase in development limits would not exceed
existing service levels for public services or utilities.
• When compared to the existing uses of the site, the proposed project would result
in a decrease in trips due to the reduction in square footage of the existing bank
building from approximately 10,000 square feet to approximately 4,000 square feet.
Thus, the decrease in trips during operation of the proposed project would not
impact the standards for acceptable traffic level of service in this area.
3. General Plan Policy LU 6.15.1 provides for the development of distinct business park,
commercial, and airport- serving districts and residential neighborhoods that are
integrated to ensure a quality environment and compatible land uses. The proposed
General Plan amendment to increase the maximum allowable development limit is
consistent with this policy as follows:
• The proposed project would provide for redevelopment of the site with a new
distinct business plaza, integrated to ensure a quality environment that is
compatible with the existing surrounding land uses in the Koll Center Newport
Planned Community, and the City of Irvine.
4. Charter Section 423 requires that all proposed General Plan amendments be reviewed
to determine if the square footage (for non - residential projects), peak hour vehicle trip,
or dwelling unit thresholds would be exceeded as the means to determine whether a
vote by the electorate would be required to approve the General Plan amendment.
Pursuant to Council Policy A -18, voter approval is not required as the proposed
General Plan amendment does not exceed the non - residential floor area threshold,
does not exceed the peak hour vehicle trips threshold, and does not create any new
dwelling units.
5. A tentative parcel map for commercial condominiums purposes, and to combine the
two parcels into a single building site in order to accommodate development of the
new commercial business plaza has been prepared in accordance with Title 19 of the
NBMC. The City Council determined in this case that the proposed parcel map is
consistent with the legislative intent of Title 20 of the NBMC, and the following findings
per Section 19.12.070, and facts in support of such findings, are set forth:
A. Finding:
That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with
applicable provisions of the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
A -1. The proposed parcel map is for commercial condominium purposes and to
combine two existing parcels of land into a single building site. As part of the
proposed project, the applicant requests approval of a General Plan
amendment to increase the maximum allowable development limit on the
subject property. If the General Plan amendment is approved, the proposed
subdivision and improvements of the subdivision would be consistent with the
General Plan and the MU -H2 land use designation.
B. Finding:
That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
B -1. The lot is regular in shape, has a slope of less than 20 percent, and is suitable
for development.
B -2. As part of the proposed project, the applicant requests approval of a General
Plan amendment and an amendment to the Koll Center Planned Community
text to increase the maximum allowable development limit on the subject
property. If the General Plan amendment and planned community text
amendment are approved, the project site would be physically suitable for the
amount of entitlement (or intensity) proposed for development of the site.
C. Findinq:
That the design of the subdivision or the proposed improvements will not cause
substantial environmental damage nor substantially and avoidably injure fish or
wildlife or their habitat. However, notwithstanding the foregoing, the decision -
making body may nevertheless approve such a subdivision if an environmental
impact report was prepared for the project and a finding was made pursuant to
Section 21081 of the Califomia Environmental Quality Act that specific
economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
Facts in Support of Finding:
C -1. A MND has been prepared for the proposed project, and it has been
determined that the design of the subdivision or the proposed development will
not result in a significant effect on the environment, nor substantially and
avoidably injure fish or wildlife or their habitat.
D. Finding:
That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
Facts in Support of Finding:
D -1. The proposed parcel map is for commercial condominium purposes, and to
combine two existing parcels into a single building site. Construction for the
proposed project will comply with all Building, Public Works, and Fire Codes,
which are in place to prevent serious public health problems. Public
improvements will be required of the developer per Section 19.28.010 of the
Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances
of the City and all Conditions of Approval will be complied with.
E. Finding:
That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision. In this connection, the decision -
making body may approve a map if it finds that altemate easements, for access
or for use, will be provided and that these easements will be substantially
equivalent to easements previously acquired by the public. This finding shall
apply only to easements of record or to easements established by judgment of
a court of competent jurisdiction and no authority is hereby granted to the City
Council to determine that the public at large has acquired easements for access
through or use of property within a subdivision.
Facts in Support of Finding:
E.1 The design of the development will not conflict with any easements acquired by
the public at large for access through or use of property within the proposed
development as there are no public easements that are located on the property.
F. Finding:
That, subject to the detailed provisions of Section 66474.4 of the Subdivision
Map Act, if the land is subject to a contract entered into pursuant to the
Califomia Land Conservation Act of 1965 (Williamson Act), the resulting parcels
following a subdivision of the land would not be too small to sustain their
agricultural use or the subdivision will result in residential development
incidental to the commercial agricultural use of the land.
Facts in Support of Finding:
F.1 Because the subject property is not considered an agricultural preserve and is
less than 100 acres, it is not subject to the Williamson Act. In addition, the
subject property is zoned PC -15 (Koll Center Newport Planned Community),
which does not allow agricultural uses.
G. Finding:
That, in the case of a "land project' as defined in Section 11000.5 of the
California Business and Professions Code: (a) there is an adopted specific plan
for the area to be included within the land project; and (b) the decision - making
body finds that the proposed land project is consistent with the specific plan for
the area.
Facts in Support of Finding:
G.1 The property is not a "land project' as defined in Section 11000.5 of the
California Business and Professions Code, and the project site is not located
within a specific plan area.
H. Finding:
That solar access and passive heating and cooling design requirements have
been satisfied in accordance with Sections 66473.1 and 66475.3 of the
Subdivision Map Act.
Facts in Support of Finding:
H.1 The proposed parcel map and improvements associated with the proposed
project are subject to Title 24 of the California Building Code that requires new
construction to meet minimum heating and cooling efficiency standards
depending on location and climate. The Newport Beach Building Department
enforces Title 24 compliance through the plan check and inspection process.
I. Finding:
That the subdivision is consistent with Section 66412.3 of the Subdivision Map
Act and Section 65584 of the California Government Code regarding the City's
share of the regional housing need and that it balances the housing needs of
the region against the public service needs of the City's residents and available
fiscal and environmental resources.
Facts in Support of Finding:
1.1 The proposed parcel map is for commercial condominium purposes and to
combine two existing parcels into a single building site. No residential uses are
proposed as part of the project, and no affordable housing units are being
eliminated.
J. Finding:
That the discharge of waste from the proposed subdivision into the existing
sewer system will not result in a violation of existing requirements prescribed by
the Regional Water Quality Control Board ( "RWQCB').
Facts in Support of Finding:
J.1 The proposed project would not exceed wastewater treatment requirements of
the RWQCB, and additional wastewater discharge into the existing sewer
system generated by the proposed project would not violate RWQCB
requirements.
K. Finding:
For subdivisions lying partly or wholly within the Coastal Zone, that the
subdivision conforms with the certified Local Coastal Program and, where
applicable, with public access and recreation policies of Chapter Three of the
Coastal Act.
Facts in Support of Finding:
K.1 The subject property is not located in the Coastal Zone.
6. Pursuant to Chapter 15.45 of the NBMC, the City Council may waive the requirement
for a development agreement in conjunction with City approval of a project that
requires a General Plan amendment and includes non - residential development in
Statistical Area L4 (Airport Area). The City Council finds that the project is minor in
nature as it does not change the General Plan land use designation of the site. The
City Council finds that the project would provide significant public benefits to the City,
as the increased floor area would allow for redevelopment of the existing
underperforming site with a new 46,000 -GSF commercial business plaza; the resultant
project would generate increased property tax revenue; the project would provide
short-term construction jobs and long -term banking and professional business service
employment opportunities; the project would be adequately served by existing public
facilities, infrastructure and services; and the project would result in a decrease in trips
during operation and would not impact the standards for acceptable traffic level of
service in this area of the City. The City Council therefore waives the requirement for
a development agreement.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council of the City of Newport Beach does hereby find, on the basis of the
whole record, that there is no substantial evidence that the project will have a significant
effect on the environment and that the Mitigated Negative Declaration reflects the City
Council's independent judgment and analysis. The City Council hereby adopts the
Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting
Program, attached as Exhibit "A ". The document and all material, which constitute the
record upon which this decision was based, are on file with the Planning Department,
City Hall, 3300 Newport Boulevard, Newport Beach, California.
2. The City Council of the City of Newport Beach does hereby approve General Plan
Amendment No. GP2008 -007 to increase the maximum allowable development for
Anomaly Location #6 from 34,500 gross square feet to 46,044 gross square feet. Table
LU2 and of the Land Use Element of the General Plan shall be amended as provided in
Exhibit °B ".
3. The City Council of the City of Newport Beach does hereby approve Tentative Parcel
Map NP2010 -006 subject to the conditions set forth in Exhibit "C ".
4. The City Council of the City of Newport Beach does hereby waive the requirement for a
development agreement.
5. The City Council of the City of Newport Beach does hereby approve the Newport
Business Plaza project.
Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 11th
day of January, 2011.
Michael F.
Mayor
ATTEST:
- --p bprv"�
Leilani I. Brown
City Clerk
EXHIBIT "A"
Mitigation and Monitoring Reporting Program
No.
Mitigation Measure
Time Frame for
Responsible
I Verification of Compliance
Initials
Date
Remarks
Implementation&
Monitoring
Monitoring
Agency
Aesthetics
A -1
The site shall not be excessively illuminated
Prior to project
City of
based on the luminance recommendations of the
operation
Newport
Illuminating Engineering Society of North
Beach
America, or, if in the opinion of the Planning
Planning
Director, the illumination creates an
Department
unacceptable negative impact on surrounding
land uses or environmental resources. The
Planning Director may order the dimming of
light sources or other remediation upon finding
that the site is excessively illuminated.
A -2
Prior to the issuance of building permits, the
Prior to issuance of
City of
applicant shall prepare a final lighting plan for
building permits
Newport
approval by the Planning Department that
Beach
demonstrates spill light trespass and glare are
Planning
below or at luminance levels pursuant to
Department
recommendations of the Illuminating
Engineering Society of North America.
A -3
Exterior on -site lighting shall be shielded and
Prior to site plan
City of
confined within site boundaries. No direct rays
approval
Newport
or glare are permitted to shine onto public streets
Beach
or adjacent sites or create a public nuisance.
Planning
"Walpak" type fixtures are not permitted.
Department
Parking area lighting shall have zero cut -off
fixtures and light standards shall not exceed 20
feet in height.
Biological Resources
BI0-1
The removal of ornamental trees on site shall not
During construction
Project
be scheduled during the avian nesting season
construction
(approximately February 1— August 31) to ensure
contractor
project conformance with the Migratory Bird
Treaty Act. If clearing and grubbing are
proposed to occur between February 1 and
August 31, a preconstruction survey for nesting
birds shall be conducted by a qualified biologist
no more than 7 days prior to the start of
construction.
If nesting birds occur within the disturbance
area, a buffer around the nest shall be determined
by a qualified biologist. All construction
activities shall occur outside the buffer area until
a qualified biologist has determined that the nest
is complete and that no new nesting activity has
occurred within the buffer area.
No.
Mitigation Measure
Time Frame for
Responsible
Verification of Compliance
Implementation&
Monitoring
Initials
Date
Remarks
Monitoring
Agency
Cultural Resources
CR -1
The project plans shall specify that a qualified
During construction
Project
archaeologist be contacted in the unlikely event
construction
that prehistoric archaeological resources are
contractor
discovered in the project area during ground -
disturbing activities. Work shall stop in the area
of the find and within 50 feet of the find until a
qualified archaeologist can assess the
significance of the find and, if necessary,
develop appropriate treatment measures.
Treatment measures typically include
development of avoidance strategies, capping
with fill material, or mitigation of impacts
through data recovery programs such as
excavation or detailed
documentation. Prehistoric Archeological
monitoring of the project site shall not be
required, unless it is determined by the qualified
archeologist who prepares the treatment
measures for the find that monitoring is required
based on the sediments being excavated and the
significance of the find.
CR -2
Project plans shall specify that that a qualified
During construction
Project
paleontologist shall be contacted in the event that
construction
potential paleontological resources are
contractor
discovered. During construction, the contractor
shall halt site excavation or preparation if
suspected fossilized remains are unearthed.
Construction shall cease on site and shall not be
resumed until a qualified paleontologist is
contacted to assess the resources and identify
appropriate treatment measures, if applicable.
Treatment measures may include salvaging
fossils and samples of sediments as they are
unearthed to avoid construction delays and/or
temporarily halting or diverting equipment to
allow removal of abundant or large specimens.
Recovered specimens shall be prepared to a point
of identification and permanent preservation,
including washing of sediments to recover small
invertebrates and vertebrates. Specimens shall
be curated into a professional, accredited
museum repository with permanent retrievable
storage. A report of findings, with an appended
itemized inventory of specimens, shall be
prepared and shall signify completion of the
program to mitigate impacts on paleontological
resources.
Geology and Soils
GEO -1
During the preparation of the grading plans and
Prior to issuance of
City of
prior to issuance of grading permits, the grading
grading permits
Newport
plans shall stipulate that all grading and
Beach
earthwork shall be performed in accordance with
Building
the Grading Ordinances of the City of Newport
Department
Beach and the applicable portion of the General
Earthwork Specification in Appendix B of the
geotechnical report prepared for the project.
During construction, grading of the site by the
contractor shall adhere to grading plans approved
by the City. The implementation of these
measures shall be verified during field
inspections.
GEO -2
During the preparation of grading plans and prior
Prior to issuance of
City of
to issuance of grading permits, the grading plans
grading permits
Newport
shall stipulate that all fill shall consist of non-
Beach
expansive materials, moisture- conditioned to
Building
near optimum if cohesionless and to 130% of
Department
optimum if cohesive or clayey. The
characteristics of the fill soil shall be evaluated
by the geotechnical consultant prior to
placement, and confirmed to meet grading plan
specifications.
GEO -3
During construction, to minimize the potential
During construction
City of
for soil movement, the upper 24 inches of soil
Newport
within the building slab areas (garage slab, and
Beach
ramp) shall be replaced with 2 feet of crushed
Building
aggregate.
Department
GEO -4
Prior to construction of the parking area, a
Prior to issuance of
City of
geotechnical engineer shall inspect the bottom of
grading permits
Newport
the site excavation to verify that no additional
Beach
excavation is required to minimize impacts on
Building
the structural integrity of the buildings associated
Department
with expansive soils.
GEO -5
During construction, if groundwater rises near or
During construction
City of
above the proposed excavation during
Newport
construction, underwater construction and a
Beach
dewatering system shall be incorporated to
Building
minimize impacts to the structural integrity of
Department
the buildings.
Hazards and Hazardous Materials
HM -1
Prior to demolition of the office buildings on
Prior to issuance of
City of
site, an asbestos - containing materials and lead-
grading permits
Newport
based paint assessment shall be performed by a
Beach Public
qualified environmental professional and
Works
conducted in accordance with all federal, state,
Department
and local requirements, including those
established by National Emissions Standards for
Hazardous Air Pollutants guidelines and the
Occupational Safety and Health Administration
(OSHA). A report shall be furnished to the
Building Department by said qualified
environmental professional and shall outline the
occurrence of hazardous materials on the project
site.
■ If asbestos- containing materials are
discovered during site investigations, all
potentially friable asbestos - containing
materials shall be removed in accordance
with federal, state, and local laws and the
National Emissions Standards for Hazardous
Air Pollutants guidelines prior to building
demolition or renovation that may disturb
the materials. All demolition activities shall
be undertaken in accordance with California
Occupational Safety and Health
Administration (Cal/OSHA) standards,
contained in Title 8 of the California Code
of Regulations (CCR), Section 1529, to
protect workers from exposure to asbestos.
Materials containing more than 1% asbestos
are also subject to SCAQMD regulations.
Demolition and the transport and disposal
shall be performed in conformance with
these federal, state, and local laws and
regulations shall avoid significant exposure
of construction workers and/or the public to
asbestos- containing materials.
■ If lead -based paint is discovered during on-
site investigations, all building materials
containing lead -based paint shall be
removed in accordance with Cal/OSHA lead
in construction standard, Title 8, CCR
1532.1, including employee training,
employee air monitoring, and dust control.
Any debris or soil containing lead -based
paint or coatings shall be disposed of at
landfills that meet acceptance criteria for the
waste being disposed of Demolition and the
transport and disposal shall be performed in
conformance with these federal, state, and
local laws and regulations shall avoid
significant exposure of construction workers
and/or the public to lead -based paint.
HM -2
Prior to site plan approval, the City of Newport
Prior to site plan
City of
Beach shall file a notice of Proposed
approval
Newport
Construction or Alteration with FAA (FAA
Beach
Form 7460 -1) in accordance with Federal
Planning
Aviation Regulation (FAR) Part 77. Following
Department
FAA's aeronautical study of the project site, the
proposed project shall comply with conditions of
approval imposed or recommended by FAA.
Subsequent to these findings, the City shall refer
the proposed project to the Orange County
Airport Land Use Commission for consistency
analysis. The Director of Planning, or designee,
shall verify that the City has received a
Determination of No Hazard to Air Navigation
prior to the issuance of building permits for the
northern parcel.
Noise
N -1
All noise - producing project equipment and
During final design
City of
vehicles using internal combustion engines shall
and prior to plan
Newport
be equipped with mufflers, air -inlet silencers
check approval
Beach Code
where appropriate, and any other shrouds,
Enforcement
shields, or other noise - reducing features in good
operating condition that meet or exceed original
City of
factory specification. Mobile or fixed "package"
Newport
equipment (e.g., arc welders, air compressors)
Beach
shall be equipped with shrouds and noise control
Building
features that are readily available for that type of
Department
equipment.
N -2
All mobile and fixed noise - producing equipment
During grading, site
City of
used on the proposed project that is regulated for
preparation, and
Newport
noise output by a local, state, or federal agency
construction
Beach Code
shall comply with such regulation while in the
Enforcement
course of project activity.
City of
Newport
Beach
Building
Department
N -3
Electrically powered equipment shall be used
During final design
City of
instead of pneumatic or internal
and prior to plan
Newport
combustion - powered equipment, where feasible.
check approval
Beach Code
Enforcement
During grading, site
preparation, and
City of
construction
Newport
Beach
Building
Department
N -4
Mobile noise - generating equipment and
During, grading, site
City of
machinery shall be shut off when not in use.
preparation, and
Newport
construction
Beach Code
Enforcement
City of
Newport
Beach
Building
Department
N -5
Material stockpiles and mobile equipment
During, grading, site
City of
staging, parking, and maintenance areas shall be
preparation, and
Newport
located as far as practical from noise - sensitive
construction
Beach Code
receptors.
Enforcement
City of
Newport
Beach
Building
Department
N -6
Construction site and access roadspeed limits
During, grading, site 1
City of
shall be established and enforced during the
preparation, and
Newport
construction period.
construction
Beach Code
Enforcement
City of
Newport
Beach
Building
Department
N -7
The use of noise - producing signals, including
During construction
City of
horns, whistles, alarms, and bells, shall be for
Newport
safety warning purposes only.
Beach Code
Enforcement
City of
Newport
Beach
Building
Department
N -8
No project - related public address or music
During, grading, site
City of
system shall be audible at any adjacent receptor.
preparation, and
Newport
construction
Beach Code
Enforcement
City of
Newport
Beach
Building
Department
N -9
The on -site construction supervisor shall have
During final design
City of
the responsibility and authority to receive and
and prior to plan
Newport
resolve noise complaints. A clear appeal process
check approval
Beach Code
to the project proponent shall be established
Enforcement
prior to construction commencement that shall
During grading, site
allow for resolution of noise problems that
preparation, and
City of
cannot be immediately solved by the site
construction
Newport
supervisor.
Beach
Building
Department
EXHIBIT "B"
Land Use Element Changes
Table
Anomaly
Number
Stafisficof
Area
- Land Use
Designation
Development
Umit (So
Development Limit other
Additional Information
1
L4
MU -1-12
460,095
471 Hotel Rooms (not included in
total square footage)
2
L4
MU -H2
1,060,146
3
L4
CO -G
734,641
4
L4
MU -H2
250,176
5
L4
MU -H2
32,500
6
L4
MU -1-12
46,044
7
L4
MU -H2
81,372
8
L4
MU -H2
442,775
9
L4
CG
120,000
164 Hotel Rooms (included in
total square footage)
10
L4
MU -H2
31,362
349 Hotel Rooms (not included in
total square footage)
11
L4
CG
11,950
12
L4
MU -1-12
457,880
13
L4
CO -G
288,264
14
L4
CO- G /MU -H2
860,884
15
L4
MU -H2
228,214
16
L4
CO -G
344,231
17
L4
MU -H2
33,292
304 Hotel Rooms (not included in
total square footage)
18
L4
CG
225,280
19
L4
CG
228,530
21
J6
CO -G
687,000
Office: 660,000 sf
Retail: 27,000 sf
CV
300 Hotel Rooms
22
J6
CO-G
70,000
Restaurant: 8000 sf, or Office:
70,000 sf
23
K2
PR
15,000
24
L3
IG
89,624
25
L3
PI
84,585
26
L3
IG
33,940
27
L3
IG
86,000
28
L3
IG
110,600
29
L3
CG
47,500
30
M6
CG
54,000
31
L2
PR
75,000
32
L2
PI
34,000
EXHIBIT "C"
CONDITIONS OF APPROVAL
Newport Business Plaza
4699 Jamboree Road and 5190 Campus Drive
1. A parcel map shall be recorded with the Orange County Clerk- Recorder Department.
The Map shall be prepared on the California coordinate system (NAD83). Prior to
recordation of the Map, the surveyor /engineer preparing the Map shall submit to the
County Surveyor and the City of Newport Beach a digital - graphic file of said map in a
manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision
Code and Orange County Subdivision Manual, Subarticle 18. The map to be
submitted to the City of Newport Beach shall comply with the City's CADD
Standards. Scanned images will not be accepted.
2. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the
Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle
18. Monuments (one inch iron pipe with tag) shall be set on each lot corner, unless
otherwise approved by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of construction project.
3. All improvements shall be constructed as required by City Ordinance and the Public
Works Department, and shall comply with all Building, Public Works and Fire Codes.
4. Redevelopment of the project site shall be in substantial conformance with the
conceptual plans submitted with the application dated March 15, 2010, and on file with
the Planning Department.
5. No permanent structures may be built within the limits of any easement within the
property, unless otherwise approved by the Public Works Department.
6. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
7. All applicable Public Works Department plan check fees, improvement bonds and
inspection fees shall be paid prior to processing of the map by the Public Works
Department.
8. County Sanitation District fees shall be paid prior to issuance of any building permits, if
required by the Public Works Department or the Building Department.
9. Prior to recordation of the Parcel Map, fair share fees shall be paid in accordance with
City Ordinance 94 -19 of the Newport Beach Municipal Code,
10. Additional Public Works improvements, including street and alley reconstruction, work
may be required at the discretion of the Public Works Inspector.
11. If any of the existing public improvements surrounding the site is damaged by the
private work, public works improvements including, but not limited to, curb and gutter,
sidewalk, and alley /street reconstruction may be required at the discretion of the Public
Works Inspector.
12. An encroachment agreement shall be applied for and approved by the Public Works
Department for all non - standard improvements within the public right -of -way and /or
extensions of private, non - standard improvements into the public right -of -way fronting
the development site.
13. The applicant shall remove and reconstruct the existing concrete driveway and
approach on Jamboree Road per City Standards.
14. The applicant shall remove and replace the existing disabled access ramp at
Jamboree Road and Campus Drive to meet current City Standards.
15. The applicant shall install raised truncated domes in the channelizing median /island on
the southwest corner of Campus Drive and Jamboree Road to meet current ADA
standards.
16. The applicant shall remove and replace any damaged curb, gutter and sidewalk along
the Jamboree Road and Campus Drive frontages. Limits of said replacement shall be
determined by the City Public Works Inspector.
17. Arrangements shall be made with the Public Works Department in order to guarantee
satisfactory completion of the public improvements if it is desired to record a parcel
map or obtain a building permit prior to completion of the public improvements.
18. Overhead utilities serving the site shall be undergrounded to the nearest appropriate
pole in accordance with Section 19.28.090 of the Municipal Code unless it is
determined by the City Engineer that such undergrounding is unreasonable or
impractical.
19. Each commercial unit shall be connected to its individual water meter and sewer
lateral and cleanout located within the public right -of -way. If installed at a location that
will be subjected to vehicle traffic, each water meter and sewer cleanout shall be
installed with a traffic -grade box/frame and cover.
20. Each commercial unit shall be served with an individual water service and sewer
lateral connection to the public water and sewer systems, unless otherwise approved
by the Public Works Department and the Building Department.
21. Each commercial unit shall be served with individual gas and electrical service
connection and shall maintain separate meters for the utilities.
22. In accordance with the provisions of Chapter 13 (or any other applicable chapters) of
the Newport Beach Municipal Code, additional street trees may be required and
existing street trees shall be protected in place during construction of the subject
project, unless otherwise approved by the General Services Department and the
Public Works Department through an encroachment permit or agreement.
23. All improvements shall comply with the City's sight distance requirement. See City
Standard 110 -L.
24. The parking layout shall comply with City Standard #805 -L -A & B. Parking and
circulation shall be subject to further review by the City Traffic Engineer.
25. All on -site drainage shall comply with the latest City Water Quality requirements.
26. All existing drainage facilities in the public right -of -way shall be retrofitted to comply
with the City's on -site non -storm runoff retention requirements. The Public Works
Inspector shall field verify compliance with this requirement prior to recordation of the
parcel map.
27. 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.
28. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport
Beach Municipal Code, approved street numbers or addresses shall be placed on all
new and existing buildings in such a location that is plainly visible and legible from the
street or road fronting the subject property. Said numbers shall be of non - combustible
materials, shall contrast with the background, and shall be either internally or
externally illuminated to be visible at night. Numbers shall be no less than four inches
in height with a one -inch wide stroke. The Planning Department Plan Check designee
shall verify the installation of the approved street number or addresses during the plan
check process for the new or remodeled structure.
29. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of the Newport
Business Plaza project including, but not limited to, the General Plan Amendment No.
GP2008 -007, Planned Community Development Plan Amendment No. PD2009 -001,
and Tentative Parcel Map No. NP2010 -006; and /or the City's related California
Environmental Quality Act determinations, the certification of the Mitigated Negative
Declaration and /or the adopted of a Mitigation Monitoring and Reporting Program for
the project. This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether
incurred by applicant, City, and /or the parties initiating or bringing such proceeding.
The applicant shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the
City pursuant to the indemnification requirements prescribed in this condition.
30. Tentative Parcel Map No. NP2010 -006 shall expire if the map has not been recorded
within three years of the date of approval, unless an extension is granted by the
Planning Director in accordance with the provisions of Section 19.16 of the NBMC.
Mitigation Measures
31. The applicant shall comply with all mitigation measures and standard conditions
contained within the approved Mitigation Monitoring and Reporting Program of the
adopted Mitigated Negative Declaration (Exhibit "A ") for the project.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2011 -7 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of
January, 2011, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Gardner, Curry, Selich, Daigle, Mayor Henn
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of January, 2011.
City Clerk
Newport Beach, California
(Seal)