HomeMy WebLinkAboutHC Agenda (11)��wpovi CITY OF NEWPORT BEACH
HARBOR COMMISSION AGENDA
F. n
u "OLD" COUNCIL CHAMBERS — 3300 NEWPORT BLVD
Wednesday, November 13, 2013 — 6:00 PM
Harbor Commission Members:
Duncan McIntosh, Chair
Brad Avery Paul Blank David Girling
Karen Rhyne Joe Stapleton Doug West
Staff Members:
Chris Miller, Harbor Resources Manager
Shannon Levin, Harbor Resources Supervisor
Council Liaison:
Nancy Gardner
1) CALL MEETING TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE
4) PUBLIC COMMENTS
Public comments are invited on agenda and non - agenda items generally considered to be within
the subject matter jurisdiction of the Commission. Speakers must limit comments to three (3)
minutes. Before speaking, we invite, but do not require, you to state your name for the record.
The Commission has the discretion to extend or shorten the speakers' time limit on agenda or
non - agenda items, provided the time limit adjustment is applied equally to all speakers. As a
courtesy, please turn cell phones off or set them in the silent mode.
5) APPROVAL OF MINUTES— October 9, 2013 Minutes
6) CURRENT BUSINESS
a) Back Bay Landing Presentation. Jaime Murillo, Senior Planner, Planning Division.
The Back Bay Landing project is a proposed integrated, mixed -use waterfront village on an
approximately 7 -acre portion of a 31.4 acre parcel located adjacent to the Upper Newport Bay in
the City of Newport Beach. The proposed project involves land use amendments to provide the
legislative framework for future development of the site. Amendments to the General Plan and
Coastal Land Use Plan are required to change the land use designations to a Mixed -Use
Horizontal designation and a Planned Community Development Plan (PCDP) is proposed to
establish appropriate zoning regulations and development standards for the site.
This Commission is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the
Commission's agenda be posted at least seventy -two (72) hours in advance of each regular meeting and that the public be
allowed to comment on agenda items before the Commission and items not on the agenda but are within the subject
matter jurisdiction of the Commission. The Commission may limit public comments to a reasonable amount of time,
generally three (3) minutes per person.
It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act ( "ADA ") in all respects.
If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the
City of Newport Beach will attempt to accommodate you in every reasonable manner. If requested, this agenda will be
made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans
with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation
thereof. Please contact the City Clerk's Office at least forty -eight (48) hours prior to the meeting to inform us of your
particular needs and to determine if accommodation is feasible at (949) 644 -3005 or citvclerkAnewoortbeachca.aov.
Recommendation:
1) Review the Environmental Impact Report and Planned Community Development Plan for
the Back Bay Landing project and provide feedback to Planning Division staff.
b) Review of the Invictus Visit to Newport Harbor, and Consideration of Future Requests for
Other Visiting Vessels
The Harbor Commission will review the recent Invictus visit to Newport Harbor. The Commission
may also advise the ad hoc committee to develop criteria for future visiting vessel requests, if
desired.
Recommendation:
The Harbor Commission is requested to:
1) Review and provide input on the recent Invictus visit; and
2) Discuss the possibility of future requests by other visiting vessels, and advise the ad hoc
committee to develop criteria for such requests, then return to the Commission for further
review.
c) Virgin Oceanic Mooring for Cheyenne in Newport Harbor— Yearly Review
The Harbor Commission will conduct an annual review of the temporary mooring permit for the
Virgin Oceanic vessel, Cheyenne.
Recommendation:
1) Receive and file; or
2) The Harbor Commission may reconsider the future of the Cheyenne's mooring in
Newport Harbor.
d) Harbor Commission Meetings — Proposed Time and Frequency Change
The Harbor Commission will provide input to staff on a proposal to change the times and
frequency of the Harbor Commission meetings.
Recommendation:
1) The Harbor Commission is requested to advise the Harbor Resources Manager to seek
City Council approval to change the meeting time and frequency of the Commission
meetings.
7) SUBCOMMITTEE REPORTS
8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES
9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED
ISSUES
10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH
COUNCIL LIAISON OR HARBOR RESOURCES MANAGER
11) COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON
A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM)
12) DATE AND TIME FOR NEXT MEETING: To be determined
13) ADJOURNMENT
NEWPORT BEACH HARBOR COMMISSION REGULAR MEETING MINUTES
City Council Chambers
Wednesday, October 9, 2013
6:00 PM
1) CALL MEETING TO ORDER
The meeting was called to order at 6:00 PM.
2) ROLL CALL
Commissioners: Duncan McIntosh, Chair
Brad Avery, Vice Chair
Paul Blank
David Girling
Karen Rhyne
Joe Stapleton
Doug West
Staff Members: Chris Miller, Harbor Resources Manager
Shannon Levin, Harbor Resources Supervisor
Council Liaison: Council Member Nancy Gardner
3) PLEDGE OF ALLEGIANCE — Commissioner Rhyne
4) PUBLIC COMMENTS
Chair McIntosh invited those interested in addressing the Commission to do so at this time.
Jim Mosher commented on the proposed changes to the Newport Beach Municipal Code relative to the
Marine Activities Permit and stated that laws and a thorough public discussion of the laws are very important.
He referenced Council's recent consideration of encroaching piers and indicated that it would have been
beneficial for the Harbor Commission to review the matter first.
There being no others wishing to address the Commission, Chair McIntosh closed public comments.
5) APPROVAL OF MINUTES —September 11, 2013 Minutes
Chair McIntosh acknowledged receipt of corrections submitted by Mr. Jim Mosher.
Motion: Commissioner West made a motion to approve the minutes of the Harbor Commission of the
September 11, 2013, Regular Meeting, as amended. Commissioner Stapleton seconded the motion, which
carried with 6 ayes and 0 noes and 1 abstention (Commissioner Rhyne). Approved.
6) CURRENT BUSINESS
1. Review Proposed Changes to Newport Beach Municipal Code Section 17.10 — Marine
Activities Permit
In an effort to simplify the Marine Activities Permit ( "MAP ") process for both the permittee and City, staff
is proposing some conceptual changes to the Newport Beach Municipal Code ( "NBMC ") Section 17.10.
The Harbor Commission is requested to provide input before staff requests approval from the City
Council.
Harbor Resources Manager Chris Miller presented details of the report addressing proposed changes to
simplify the process for MAPS. A MAP is a permit related to businesses in the Harbor and was intended to
have any person or entity conducting business in the Harbor, get a Marine Activities Permit. Staff has
focused on the Charter and Rental Boat industry since they have the most impact on the Harbor. He
reported that the two biggest obstacles in obtaining a Marine Activities Permit are boarding location and
parking and that there are approximately twelve (12) boarding locations in the Harbor for use by charter
businesses. He added that some companies have on -site parking facilities or leases /long -term agreements
with neighboring properties to use adjacent lots. He addressed the terms of current MAPs, the renewal
process and fees and indicated that charter businesses also pay a per -head charter tax. Mr. Miller added
that specific language has not yet been drafted but that the goal is to propose changes and present the
matter to Council in the next few months.
He highlighted points that staff is seeking to simplify permitting for the industry and staff. Included as
suggested changes are: whether to require permit renewals if nothing has changed in terms of operation
(overall passenger or vessel counts); incorporating the idea of a shared - parking concept that the Planning
Division is considering; the appeal process; and MAPs would be non - transferable. He stressed that none of
the proposed changes modify the current conditions or regulations. Staff is proposing to use the permit for
industries that impact the Harbor the most like the recreational commercial industry.
Council Member Gardner commented on hull cleaners, copper and water quality noting that they are issues
that will need to be addressed in the future.
Chair McIntosh opened public comments.
Chandler Bell, Hornblower Cruises, reported that each year they have completed a new application, which
requires time, but there have been no changes to their operations. He agreed with the proposed changes.
Jim Mosher stated that the Harbor Commission should review the draft ordinance before forwarding it to
Council. He wondered regarding inspection procedures for new vessels in the Harbor.
Chair McIntosh reported that if it is an inspected vessel with more than six (6) passengers, it must maintain
its Coast Guard certification otherwise it cannot carry passengers for hire.
There being no others wishing to address the Commission, Chair McIntosh closed public comments.
Commissioner Girling expressed support for streamlining the process but stated that a yearly process to
assess, update or summarize is good and that having permittees identify changes should be part of the
process. Harbor Resources Manager Miller reported that staff has the ability to check and audit and retrieve
information at any time and that operators tend regulate each other. He added that staff has focused on
businesses that impact the Harbor the most.
Discussion followed regarding outstanding fees and enforcement, inclusion of paddleboat rentals and
categories of businesses to include. Council Member Gardner commented on capturing users who don't
have obvious stores. It was noted that the matter would relate to operators renting paddleboards, not users
of paddleboards. Discussion followed regarding impacts from stand -up paddleboards, illegitimate
businesses and the possibility of including them in the ordinance. Mr. Miller suggested including recreational
and commercial activities. He reported on the process for the ordinance to take effect.
Vice Chair Avery stated that it seems the City does not have a lot of oversight of the charter industry in terms
of staffing. He indicated that the Harbor Commission should take its time to review the entire topic in terms
of people paying to use the Harbor including rentals, rates, services, revenue and City revenue. He reported
that an annual review is beneficial, noted the importance of monitoring operations and suggested part-time
staff to specifically provide oversight.
Council Member Gardner stated that parking requirements are not generated by particular Harbor activity but
rather through parking studies.
Vice Chair Avery noted that the matter could be considered through a comprehensive review.
Commissioner West commented on shared parking. In response to his question, Council Member Gardner
stated it could be addressed through conditions of approval.
Chair McIntosh commented the Planning Division's involvement in relation to peak parking times
Commissioner Stapleton commented on the benefits of increasing staffs efficiency. In response to his
inquiry, Chandler Bell noted that 90% of the time, an application for renewal is submitted without changes.
He added that if a vessel is moved, the City is notified immediately.
Commissioner Stapleton indicated wanting to see a final reading of the ordinance before it goes to Council.
He commented positively on the concept of shared parking noting that it seems to work well in Corona del
Mar.
In response to Commissioner Rhyne's inquiry, Harbor Resources Manager Miller indicated that changes
should be reported immediately and that same should be spelled out within the ordinance to avoid ambiguity.
Discussion followed regarding continuing with a yearly review and/or having changes trigger events. Harbor
Resources Supervisor Shannon Levin reported that when a company is on a permit system, a month prior to
their permit expiring, the permittee will receive a renewal application to be submitted to the City for updating
and filing. She added that 95% of the time, there are no changes. It was noted that an annual statement
indicating that nothing has changed should be submitted. Ms. Levin reported that it could be incorporated in
the initial agreement. Ensuing discussion pertained to requiring certification that there have been no
changes or listing items that have changed. Ms. Levin commented on the importance of points of contact
and establishing a mechanism for reporting changes or certifying that there have been none. Mr. Miller
commented that if there are not changes, fees would not apply but that they would if changes have occurred
such as parking agreements or insurance.
Chair McIntosh stated that no two charter boats are the same and suggested that changing a vessel would
trigger an event and commented on mobile sanitation and pump outs.
Discussion followed regarding businesses /offices running off vessels. It was noted that the code prohibits it.
Council Member Gardner commented on small, fly -by -night businesses. Commissioner West asked how
hull - cleaning businesses are captured and Harbor Resources Manager Miller reported they are monitored
through the Business License process. Commissioner West stressed the importance of capturing all
commercial activity in the Harbor and commented on recreational activity that involves risks to the public.
Chair McIntosh commented on prior practices requiring all independent contractors to register prior to
performing work in the Harbor. Mr. Miller commented on challenges keeping track of independent contractor
activity. He added that the hull - cleaning industry publishes standard for the industry.
Council Member Gardner commented on the need for increased resources.
Commissioner Avery commented on investing resources to regulate the industry and deliver a balance that
works for everyone. He addressed the need to get a better picture of the industry, in general and take into
consideration differences between vessels, their impacts, and income and City revenues.
Chair McIntosh suggested placing a spreadsheet on the City's website of all licensed charter operators
Recommendation:
1) Provide input to staff.
7) SUBCOMMITTEE REPORTS
Commissioner Girling commented on the need for discussion regarding large vessel mooring and charging
appropriate fees.
Commissioner West reported on the goals and objectives of the Tidelands Management Committee and that
Council will review them at their meeting of October 22, 2013.
Commissioner Stapleton commented on a recent Harbor Patrol ride -along with Commissioner Blank which
turned from a whale - watching expedition to pump outs of vessels. Additionally, he commented on derelict
vessels in the Harbor and stressed the need to address the matter in the future. In addition, he reported
witnessing the continuing sea lion problem, a sunken barge and long -term boat residents. He addressed
increases in crime in the Harbor and stated there is no protocol for checking residents living on boats in the
Harbor.
Discussion followed regarding defining, identifying derelict vessels and educating duffy rentals.
Commissioner Rhyne stated she would like direction or information regarding protocol in terms of
Subcommittee meetings.
8) QUESTIONS AND ANSWERS WITH COUNCIL LIAISON ON HARBOR RELATED ISSUES
Discussion followed regarding Lower Castaways steps to a launching pad and addressing concerns as the
plan is developed. It was noted there is not a lot of current near the shore.
9) QUESTIONS AND ANSWERS WITH HARBOR RESOURCES MANAGER ON HARBOR RELATED
ISSUES
Harbor Resources Manager Miller provided a report noting that regarding the Regional General Permit, the
sediment testing component is nearly complete. The final report is being generated and staff is on track to
submit it to the agencies at the end of October. The report can then be used as part of the application which
will take approximately five (5) months. Regarding the Eelgrass Plan, he stated that it is on track and staff
hopes it will be completed in the spring of 2014. Staff is trying to set up a meeting with the Coastal
Commission to review the updates.
It was noted that the Invictus has been a good neighbor and that no complaints have been received. Mr.
Miller reported that the only negative comment that was received related to the shifting position of the bow
due to Santa Ana winds.
Mr. Miller reported that the matter will come before the Commission in November.
10) PUBLIC COMMENTS ON SUBCOMMITTEE REPORTS OR QUESTIONS AND ANSWERS WITH
COUNCIL LIAISON OR HARBOR RESOURCES MANAGER
Jim Mosher commented on the landing at Lower Castaways noting that it is the historic Newport Landing.
He added that the beach extends along below the Castaways bluff used for recreation and fishing.
11) COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A
FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM)
Commissioner Rhyne reported that she will miss the November meeting as she will be in Ft. Lauderdale for
the National Committee with Boat U.S.
Commissioner Blank commented on the possibility of considering changing the Harbor Commission's
meeting time and /or date on a future agenda to accommodate Commission Members attending Speak Up
Newport events.
It was noted that the Coastal Commission will be speaking at the next meeting of Speak Up Newport.
12) DATE AND TIME FOR NEXT MEETING: November 13, 2013, 6:00 PM at Council Chambers at 3300
Newport Blvd.
13) ADJOURNMENT
There being no further business to come before the Harbor Commission, the meeting was adjourned at 7:39
PM.
CITY OF
NEWPORT BEACH
C9C /Fp0.N`P Harbor Commission Staff Repo
TO: HARBOR COMMISSION
rt Agenda Item No. 1
November 13, 2013
FROM: Public Works Department
Shannon Levin, Harbor Resources Supervisor
949 - 644 -3041, shannon@newportbeachca.gov
TITLE: Back Bay Landing Presentation
ABSTRACT:
The Harbor Commission will hear a presentation on the Back Bay Landing project by
Planning Division staff.
RECOMMENDATION:
1. Review the Planned Community Development Plan for the Back Bay Landing
project and provide feedback to Planning Division staff.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Back Bay Landing project is a proposed integrated, mixed -use waterfront village on
an approximately 7 -acre portion of a 31.4 acre parcel located adjacent to the Upper
Newport Bay in the City of Newport Beach. The proposed project involves land use
amendments to provide the legislative framework for future development of the site.
Amendments to the General Plan and Coastal Land Use Plan are required to change
the land use designations to a Mixed -Use Horizontal designation and a Planned
Community Development Plan is proposed to establish appropriate zoning regulations
and development standards for the site. The requested approvals will provide for a
horizontally distributed mix of uses, including recreational and marine commercial retail,
marine office, marine services, enclosed dry stack boat storage, and a limited mix of
freestanding multi - family residential and mixed- use structures with residential uses
above the ground floor. In addition to the land use amendments, other requested
approvals are a Lot Line Adjustment and Traffic Study pursuant to the City's Traffic
Phasing Ordinance. Specific project design and site improvement approvals will be
sought at a later time.
Back Bay Landing Presentation
November 13, 2013
Page 2
Harbor Commission is asked to review the Back Bay Landing Planned Community
Development Plan (PCDP- Attachment A) and provide comment, if any, as it relates to
the development and operation of the harbor to Planning Division staff. The purpose of
the PCDP is to establish appropriate zoning regulations governing land use and
development of the project site. The PCDP provides a vision for the land uses on the
site, and sets the development standards and design guidelines for specific project
approvals for the future Site Development Review process. The PCDP also regulates
the long term operation of the developed site.
ENVIRONMENTAL REVIEW:
The City contracted with PCR Services to prepare a Draft Environmental Impact Report
(DEIR) for the proposed project. The Draft EIR examines the potential impacts generated
by the proposed project in relation to the following categories: aesthetics and visual
resources, air quality, biological resources, cultural resources, geology and soils,
greenhouse gas emissions, hazards and hazardous materials, hydrology and water
quality, land use and planning, noise, population and housing, public services,
transportation /traffic, utilities, and alternatives. The document can be accessed at the
following link: http:// www. newportbeachca .gov /cegadocuments. The DEIR was completed
and circulated for a mandatory 45 -day review period that began on October 4, 2013, and
concludes on November 18, 2013. The DEIR and written responses to comments
received on the adequacy of the DEIR will be prepared and presented to the Planning
Commission and City Council for their review and certification, in conjunction with the
requested project applications.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the Harbor Commission considers the item).
Submitted by:
Shannon Levin
Attachments: A. Back Bay Landing PCDP_Back Bay Landing Planned Community
Development Plan
Back Bay Landing
PLANNED COMMUNITY
DEVELOPMENT PLAN (PC -9)
Prepared September 3, 2013
Adopted , 2013, Ordinance No. 2013 - (PA2011 -216)
TABLE OF CONTENTS
SECTION Page Number
1. Introduction and Purpose of the Planned Community
Development Plan ( PCDP) .............................................. ............................... 1
2. Development Limits and Land Use Plan .......................... ............................... 4
3. Permitted Uses ................................................................ ............................... 7
4. Development Standards .................................................. ............................... 8
5. Design Guidelines ........................................................... ............................... 20
6. Phasing ........................................................................... ............................... 29
7. Back Bay Landing PCDP Implementation /Site Development Review ............ 30
8. Definitions ........................................................................ ............................... 34
TABLE Page Number
1. Development Limits by Planning Area ............................. ............................... 4
2. Permitted Uses ................................................................ ............................... 7
3. Parking Requirements ..................................................... ............................... 13
EXHIBIT (See Appendix) Page Number Reference
1. Location Map ................................................................... ............................... 1
2. Planning Areas ................................................................ ............................... 1
3. Building Heights ............................................................... ............................... 10
M1. 111111171Tx 0
5. Public Spaces .................................................................. ............................... 16
6. Coastal Access and Regional Trail Connections ............. ............................... 16
7. Vehicular Circulation ........................................................ ............................... 16
Back Bay Landing PCDP ii
TABLE OF CONTENTS
(Continued)
EXHIBIT (See Appendix) Page Number Reference
8. Revised Vehicular Circulation and Parking ...................... ............................... 16
9. Utilities Plan ..................................................................... ............................... 18
10. Drainage Plan .................................................................. ............................... 18
11. Architectural Theme ........................................................ ............................... 21
12. Conceptual Site and Landscape Plan .............................. ............................... 21
13, East Coast Highway View Corridors ................................ ............................... 21
14. Parking Plan .................................................................... ............................... 25
Back Bay Landing PCDP iii
LIST OF ACRONYMS
ABC
California State Department of Alcoholic Beverage Control
CDP
Coastal Development Permit
CLUP
Coastal Land Use Plan
CM
Recreational and Marine Commercial
CUP
Conditional Use Permit
ESA
Environmental Study Area
ESHA
Environmentally Sensitive Habitat Area
LID
Low Impact Development
HHW
Highest High Water
MLLW
Mean Lower Low Water
MU -H1
Mixed -Use Horizontal 1
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OCSD
Orange County Sanitation District
OCTA
Orange County Transportation Authority
PC -9
Back Bay Landing Planned Community
PCDP
Planned Community Development Plan
WQMP
Water Quality Management Plan
Back Bay Landing PCDP iv
I. Introduction and Purpose of the Planned
Community Development Plan (PCDP)
A. Introduction
The Back Bay Landing site is envisioned to be developed as an integrated,
mixed -use waterfront village on approximately 7 acres in the City of Newport
Beach. The City of Newport Beach Municipal Code allows a Planned Community
Development Plan (PCDP) to address land use designations and regulations in
Planned Communities. The Back Bay Landing PCDP serves as the controlling
zoning ordinance for the site and is authorized and intended to implement the
provisions of the Newport Beach General Plan and Coastal Land Use Plan.
The Back Bay Landing Design Guidelines provide a comprehensive vision of the
physical implementation of the project and have been drafted to assist the City
and community to visualize the architectural theme and desired character of the
development.
B. Project Location
The Back Bay Landing Planned Community (PC -9) is located within the City of
Newport Beach, in Orange County, California. The approximately 7 -acre primary
project area is generally located north of East Coast Highway and northwest of
Bayside Drive in the western portion of the City, as shown on Exhibit 1, Location
Map. The project area is bounded by the Upper Newport Back Bay to the north
and west, the Newport Dunes Waterfront Resort and the Bayside Village Mobile
Home Park to the east, East Coast Highway and various marina commercial and
restaurant uses south of the Highway to the southeast. As shown on Exhibit 2,
Planning Areas, the Back Bay Landing Planned Community comprises of five
distinct Planning Areas: Mixed -Use Area (PA 1), Recreational and Marine
Commercial (PA 2), Existing Private Marina Access and Beach (PA 3), Marina
and Bayside Village Mobile Home Park Storage and Guest Parking (PA 4), and
Submerged Fee -Owned Lands (PA 5).
C. Purpose and Objectives
The purpose of the PCDP is to establish appropriate zoning regulations
governing land use and development of the site consistent with the City of
Newport Beach General Plan and Coastal Land Use Plan. The PCDP provides a
vision for the land uses on the site, sets the development standards and design
guidelines for specific project approvals at the Site Development Review and
Coastal Development Permit (CDP) approval process, and regulates the long
term operation of the developed site.
Back Bay Landing PCDP 1
Implementation of the PCDP will:
- Provide a high quality mixed -use, marine - related, visitor - serving
commercial development with integrated residential units and a unified
architectural and landscape theme.
- Implement the MU -H1 (Mixed -Use Horizontal 1) General Plan and MU -H
(Mixed -Use Horizontal) Coastal Land Use Plan categories on an
underutilized bayfront location in a manner that provides for a horizontally
distributed mix of uses, which includes general or neighborhood
commercial, offices, multi - family residential, visitor - serving and marine -
related uses, and buildings that vertically integrate residential with
commercial uses, adjacent to Coast Highway, and on or near the
waterfront locations.
- Maintain and expand core coastal dependent and coastal - related land
uses, including the development of marina parking and an enclosed dry
stack boat storage and launching facility.
- Provide new housing opportunities in response to demand for housing,
reduce vehicle trips and encourage active lifestyles by increasing the
opportunity for residents to live in proximity to jobs, services,
entertainment, and recreation.
- Protect and enhance significant visual resources from identified public
vantage points, such as Coast Highway, Castaways Park, and Coast
Highway -Bay Bridge, to the bay and the cliffs of upper Newport Beach
through view corridors designed into the project. New public view
opportunities will be created on -site.
- Expand bayfront access to and along the bay where it does not exist at
the present time, in a manner that protects environmental study areas
(ESA) and /or environmentally sensitive habitat areas (ESHA) and does
not adversely impact existing private residences adjacent to the site.
- Provide public coastal access with a new 12- foot -wide bayfront access
promenade along the bayfront edge of Planning Areas 1 and 2. This new,
public bayfront promenade will link the public docks and marina property
south of the Coast Highway -Bay Bridge along the bayfront, to the existing
Newport Dunes pedestrian /bicycle trail off of Bayside Drive, and ultimately
to the Newport Dunes recreational areas, as well as to an existing Class 1
Regional Trail.
D. Relationship to the Newport Beach Municipal Code
Whenever the development regulations contained in this PCDP conflict with the
regulations of the Newport Beach Municipal Code, the regulations contained in
this PCDP shall take precedence. The Municipal Code shall regulate all
Back Bay Landing PCDP 2
development within the PCDP when such regulations are not provided within the
PCDP. All construction within the Back Bay Landing PCDP (PC -9) shall be in
compliance with the California Building Code, California Fire Code, and all other
ordinances adopted by the City pertaining to construction and safety features. All
words and phrases used in this Back Bay Landing PCDP shall have the same
meaning and definition as used in the City of Newport Beach Zoning Code unless
defined differently in Section VIII, Definitions.
E. Relationship to Design Guidelines
Development within the site shall be regulated by both the Development Plan
and the Design Guidelines.
Back Bay Landing PCDP 3
II. Development Limits and Land Use Plan
The development limits in this Development Plan are consistent with those established
by the General Plan and are identified in the following Table 1, Development Limits by
Planning Area. Parking structures, carts, kiosks, temporary and support uses are
permitted and are not counted towards square footage development limits. In addition,
the OCSD wastewater pump station shall not be counted towards square footage
development limits.
Table 1
Development Limits by Planning Area' '2
Land Use
Planning
Planning
Planning
Planning
Planning
Total Per
Area 1
Area 2
Area 3
Area 4
Area 5
Land Use
Commercial
49,144 sf
8,390 sf
0
4,000 sf
0
61,534 sf
Residential
0
0
0
0
(845,644 sf)
(85,644 sq
Marina
0
0
0
0
220 wet
slips
220 wet slips
Dry Stack
32,500 sf
32,500 sf
Boat
Storage
(140 spaces)
0
0
0
0
(140 spaces)
TOTAL
179,679 SF
Notes:
(1) All limits expressed as "sf' are gross square feet as defined in the Newport Beach Zoning Code.
(2) Development limits are subject to General Plan Land Use Plan and Table LU2, Anomaly Caps.
A. Planning Area 1 — Mixed -Use Area
The primary land -side parcel immediately north of East Coast Highway to the
northwest is intended to allow for integration of a mixed -use waterfront project
with marine - related and visitor - serving commercial and recreational uses, while
allowing for residential uses. Priority uses include retail, restaurants, marine and
boat sales, boat rentals, boat service /repair, and recreational commercial uses
such as kayak and paddle board rentals.
The total gross floor area of Planning Area 1 shall be limited to 49,144 square
feet of marine - related and visitor - serving commercial and recreational uses; a
new 32,500- square foot full - service and fully enclosed dry stack boat storage (up
Back Bay Landing PCDP 4
to a maximum of 140 boat spaces) and launching facility; and a maximum of 49
residential units within a maximum of 85,644 square feet of residential floor area.
Development shall incorporate amenities that assure bayfront access for coastal
visitors, including the development of a 12- foot -wide public pedestrian and
bicyclist promenade along the waterfront with connections to existing regional
trails and paths, an enclosed dry stack boat storage facility, public plazas and
open spaces that provide public views and view corridors, and construction of a
coastal public view tower.
Any mixed -use development that includes integration of residential units shall be
subject to the following additional development limitations:
1. A minimum of 50 percent of the total proposed gross floor area located
within Planning Area 1 shall be limited to non - residential uses. This
non - residential use may consist of any combination of visitor - serving
retail, restaurants, marine boat sales, office, and /or enclosed dry stack
boat storage.
2. At minimum, a total of 68,955 square feet of non - residential gross floor
area shall be developed within Planning Area 1 and 4.
3. A minimum of 50 percent of the total proposed residential units shall be
developed within mixed -use buildings with non - residential use located
on the ground floor level.
B. Planning Area 2 - Recreational and Marine Commercial
Planning Area 2 is located immediately south of the Coast Highway -Bay Bridge
and is intended to be developed with recreational and marine - related commercial
uses. The total gross floor area of Planning Area 2 shall be limited to 8,390
square feet.
Development shall incorporate a 12- foot -wide public pedestrian and bicyclist
promenade along the waterfront with connections to existing and /or planned
regional trails and paths, and open spaces that provide public views and view
corridors. An integrated connection to the planned public /private marina, pier,
and trail to the south shall be developed.
C. Planning Area 3 — Existing Private Marina Access and
Beach
Planning Area 3 consists of an existing narrow strip of private marina access
walkway and non - publicly accessible beach area located between the Bayside
Village Mobile Home Park and Bayside Marina, which provides marina lessee
access to private boat slips and docks. Allowed improvements shall be limited to
access walkways, guardrails, bulkhead replacement, landscaping, and lighting.
Back Bay Landing PCDP 5
The non - publicly accessible beach area is currently utilized by the existing
Bayside Village Mobile Home Park. No other development shall occur within this
walkway and the beach area, which shall remain as private open space.
D. Planning Area 4 — Marina and Bayside Village Mobile Home
Park Storage and Guest Parking
Planning Area 4 is a narrow strip of land located on the eastern project boundary
and development shall be limited to a gross floor area of 4,000 square feet. This
area is intended to be re -used primarily as standard sized parking for residents
and guests of the Bayside Village Mobile Home Park. Additional standard sized
parking will be provided for the Bayside Village Marina tenants. New
replacement storage, replacement restrooms, laundry facilities and lockers will
be built for the Bayside Village Mobile Home Park and Marina tenants. A new
replacement gate entry for this area is allowed. No other uses shall be allowed in
this storage /parking /facilities area.
E. Planning Area 5 - Submerged Fee -Owned Lands
This fee -owned submerged land area consists of an existing 220 -slip marina and
is boarded by the earthen De Anza Bayside Marsh Peninsula. The De Anza
Bayside Marsh Peninsula was originally constructed with dredging spoils and rip -
rap as fill to provide a protected harbor and overflow parking for the Bayside
Marina. No new development shall occur within the De Anza Bayside Marsh
Peninsula. A small gravel parking and access road currently exists on the
eastern portion of the peninsula and is used for overflow parking for the marina.
The existing gravel parking lot shall not be expanded in area or paved; however,
maintenance activities shall be permitted. The marina shall be regulated by Title
17 of the Newport Beach Municipal Code.
Back Bay Landing PCDP 6
III. Permitted Uses
Permitted uses are those uses set forth in this Section for each Planning Area as shown
on Table 2, Permitted Uses. The uses identified within the table are not comprehensive
but rather major use categories. Specific uses are permitted consistent with the
definitions provided in Section VIII of this PCDP. Uses determined to be accessory or
ancillary to permitted uses, or uses that support permitted uses are also permitted. The
Community Development Director may determine other uses not specifically listed
herein are allowed, provided they are consistent with the purpose of this PCDP,
Planning Areas, and are compatible with surrounding uses. The initial construction of
any new structure, or the significant reconstruction or major addition, shall be subject to
Site Development Review pursuant to Section VII of this PCDP.
Table 2
Permitted Uses
Uses
lanning Areas
Planning
Area 1
Planning
Area 2
Planning
Area 3
Planning
Area 4
Planning
Area 5
Commercial Recreation and
Entertainment
CUP
Cultural Institution
P
P
Eating and Drinking Establishments
Bar, Lounge, and Nightclubs
CUP
-
-
-
-
Fast Food No Drive Thru
P.
-
-
-
Food Service, No Late Hours
P.
-
-
-
-
Food Service, Late Hours
CUP
-
Take -Out Service, Limited
P
P
-
Take -Out Service, Only
P
P
-
-
Marina
MC Title 17
Marina Support Facilities
P
P
-
P
Marine Rentals and Sales
Marine Retail Sales
P
P
-
-
Boat Rentals and Sales
MUP
MUP
-
-
Marine Services
MUP
MUP
-
-
Office
P
P
Personal Services
General
P
Restricted
MUP
Residential
P
Visitor-Serving Retail
P.
P*
Utilities
Wastewater Pump Station
P
P= Permitted
CUP = Conditional Use Permit
MUP =Minor Use Permit
* =A Minor Use Permit is required for the sale of alcohol
-= Not Permitted
Back Bay Landing PCDP 7
IV. Development Standards
The following site development standards shall apply:
A. Setback Requirements
Setbacks are the minimum distance from the property line to building or
structure, unless otherwise specified.
1. Street Setback
a) East Coast Highway - 0 feet (provided a minimum 10 -foot
landscape buffer is provided to the back of sidewalk)
b) Coast Highway -Bay Bridge - 20 feet to edge of bridge
(kayak /paddleboard rentals, storage, and launch uses may be
permitted within this setback and beneath the bridge, subject to
Site Development Review).
c) Bayside Drive - 5 feet
2. Perimeter Setback
a) Abutting Non - residential - 0 feet
b) Abutting Existing Residential - 25 feet, except:
In Planning Area 1, public restrooms and marina lockers
may provide a minimum 5 -foot setback.
ii. In Planning Area 4, a minimum 5 -foot setback may be
provided.
3. Bayfront Setback
a) Bulkhead - 15 feet from constructed bulkhead wall to allow for a
minimum 12- foot -wide public bayfront promenade and a
minimum 3- foot -wide landscape area.
b) No Bulkhead
In Planning Area 1, 15 feet from the Highest High Water
contour elevation noted as 7.86' above Mean Lower low
Water (0.0') or 7.48' /NAVD 88 to allow for a minimum 12-
foot -wide public bayfront promenade and a minimum 3 -foot-
wide landscape area.
Back Bay Landing PCDP 8
ii. In Planning Area 2, 15 feet from contour elevation 10 (NAVD
88) to allow for a minimum 12- foot -wide public bayfront
promenade and a minimum 3- foot -wide landscape area.
4. Setback Encroachments
a) Fences, Walls, and Hedges
Permitted within the Perimeter Setback Abutting Existing
Residential up to a maximum height of 8 feet.
ii. Within Bayfront Setback, see subsection c. below.
iii. Permitted in all other setback areas up to a maximum
height of 42 inches.
b) Architectural Features
Roof overhangs, brackets, cornices and eaves may
encroach 30 inches into a required Street or Perimeter
Setback area, provided a minimum vertical clearance
above grade of 8 feet is maintained.
ii. Decorative architectural features (e.g., belt courses,
ornamental moldings, pilasters, and similar features) may
encroach up to 6 inches into any required Street or
Perimeter Setback.
c) Bayfront Setback
Benches, sculptures, light standards, hedges, open
guardrails and safety features, and other similar features
that enhance the public bayfront promenade may
encroach into the bayfront setback, provided a 12 -foot-
wide clear path is maintained.
d) Other- Other encroachments may be permitted through the Site
Development Review.
B. Permitted Height of Structures
1. Building Height
The maximum allowable building height shall be 35 feet for structures with
flat roofs and 40 feet for structures with sloped roofs (minimum 3:12 pitch),
except as follows:
Back Bay Landing PCDP 9
a) As illustrated on Exhibit 3, Building Heights, 100 feet from back of
curb along Bayside Drive within the eastern portion of Planning Area
1, maximum allowable building height shall not exceed 26 feet for
flat roofs and 31 feet for sloped roofs.
b) Within Planning Area 1, a single coastal public view tower, or similar
structure, that includes public access to a functioning public viewing
platform may be developed at a maximum height of 65 feet.
c) Within Planning Area 1, maximum allowable height for any parking
structure shall not exceed 30 feet for flat roofs and 35 feet for sloped
roofs.
d) Maximum allowable building height within Planning Area 2 shall not
exceed 26 feet for flat roofs and 31 feet for sloped roofs.
e) Within Planning Area 4, maximum allowable building height shall not
exceed 20 feet for flat roofs and 25 feet for sloped roofs.
f) All other exceptions to height shall be regulated pursuant to Section
20.30.060.D of the Newport Beach Municipal Code.
2. Grade for the Purposes of Measuring Height
a) Within Planning Area 1, height shall be measured from the
established baseline elevation of either 11 feet or 14 feet (NAVD 88)
as illustrated on Exhibit 3, Building Heights.
b) Within Planning Area 2, height shall be measured from the
established baseline elevation of 12 feet (NAVD 88)
c) Within Planning Area 4, height shall be measured from the
established baseline elevation of 12 feet (NAVD 88)
C. Residential Units
1. Open Space
a) Common Open Space - A minimum of 75 square feet per dwelling
shall be provided for common open space (e.g., pool, patio, decking,
and barbecue areas, common meeting rooms, etc.). The minimum
dimension (length and width) shall be 15 feet. The common open
space areas shall be separated from non - residential uses on the site
and shall be sited and designed to limit intrusion by non - residents
and customers of non - residential uses. However, sharing of
common open space may be allowed, subject to Site Development
Back Bay Landing PCDP 10
Review, when it is clear that the open space will provide a direct
benefit to project residents. Common open space uses may be
provided on rooftops for use only by project residents.
b) Private Open Space - Five percent of the gross floor area for each
unit. The minimum dimension (length and width) shall be 6 feet.
The private open space shall be designed and located to be used by
individual units (e.g., patios, balconies, etc.).
2. Non - residential Use Required on Ground Floor - All of the ground
floor frontage of a mixed -use structure shall be occupied by retail
and other compatible non - residential uses, with the exception of
common /shared building entrances for residences on upper floors.
3. Sound Mitigation - An acoustical analysis report, prepared by an
acoustical engineer, shall be submitted describing the acoustical
design features of the structure that will satisfy the exterior and
interior noise standards. The residential units shall be attenuated in
compliance with the report.
4. Buffering and screening - Buffering and screening shall be
provided in compliance with Municipal Code Section 20.30.020
(Buffering and Screening). Mixed -use projects shall locate loading
areas, parking lots, driveways, trash enclosures, mechanical
equipment, and other noise sources away from the residential
portion of the development to the greatest extent feasible.
5. Notification to owners and tenants - A written disclosure
statement shall be prepared prior to sale, lease, or rental of a
residential unit within the development. The disclosure statement
shall indicate that the occupants will be living in an urban type of
environment and that the noise, odor, and outdoor activity levels
may be higher than a typical suburban residential area. The
disclosure statement shall include a written description of the
potential impacts to residents of both the existing environment (i.e.,
noise from boats, planes, and vehicles on Coast Highway) and
potential nuisances based upon the allowed uses in the zoning
district. Each and every buyer, lessee, or renter shall sign the
statement acknowledging that they have received, read, and
understand the disclosure statement. A covenant shall also be
included within all deeds, leases or contracts conveying any interest
in a residential unit within the development that requires: (1) the
disclosure and notification requirement stated herein; (2) an
acknowledgment by all grantees or lessees that the property is
located within an urban type of environment and that the noise,
odor, and outdoor activity levels may be higher than a typical
suburban residential area; and (3) acknowledgment that the
Back Bay Landing PCDP 11
covenant is binding for the benefit and in favor of the City of Newport
Beach.
6. Deed notification - A deed notification shall be recorded with the
County Recorder's Office, the form and content of which shall be
satisfactory to the City Attorney. The deed notification document
shall state that the residential unit is located in a mixed -use
development and that an owner may be subject to impacts, including
inconvenience and discomfort, from lawful activities occurring in the
project or zoning district (e.g., noise, lighting, odors, high pedestrian
activity levels, etc.).
D. Parking Requirements
1. General Standards
Parking requirements are shown in the following Table 3, Parking
Requirements, per land use. Kiosks for retail sales shall not be
included in the calculation of parking.
Back Bay Landing PCDP 12
Table 3
Parking Requirements
Land Use
Parking Ratio
Boat Rentals and Sales
As established per MUP
Eating and Drinking
Establishments
1 space per 30 to 50 SF of Net Public
Area*
Take -Out Service, Limited
1 space per 250 square feet
Marina Support Facilities
0.5 spaces per 1,000 SF
Marina Wet Slips
0.6 spaces per slip
Marine Services
Enclosed Dry Stack Boat
Storage
0.33 spaces per slip
Entertainment and
Excursion Services
1 per each 3 passengers and crew
members or as required by MUP
Other
As established per MUP
Office
1 space per 250 square feet
Medical Office
1 space per 200 square feet
Residential Units (Attached)
2 spaces per unit, plus
0.5 resident guest spaces per unit
Retail Sales
1 space per 250 square feet
Other
Municipal Code
* Including outdoor dining, but excluding first 25% or 1,000 SF of outdoor
dining per restaurant, whichever is less.
2. Parking Management Plan
Off - street parking requirements may be reduced with the approval
of a Conditional Use Permit based upon complimentary peak hour
parking demand of uses within the development. The Planning
Commission may grant a joint -use of parking spaces between uses
that result in a reduction in the total number of required parking
spaces in compliance with the following conditions:
a) The most remote space is located within a convenient distance to
the use it is intended to serve.
b) The probable long -term occupancy of the structures, based on their
design, will not generate additional parking demand.
Back Bay Landing PCDP 13
c) The applicant has provided sufficient data, including a parking study
if required by the Director, to indicate that there is no conflict in peak
parking demand for the uses proposing to make joint -use of parking
facilities.
d) The property owners, if more than one, involved in the joint -use of
parking facilities shall record a parking agreement approved by the
Director and City Attorney. The agreement shall be recorded with
the County Recorder, and a copy shall be filed with the Department.
e) A parking management plan shall be prepared to address potential
impacts associated with a reduction in the number of required
parking spaces.
3. Access, location, and improvements. Access, location, parking
space and lot dimensions, and parking lot improvements shall be in
compliance with the Development Standards for Parking Areas
Section of the Municipal Code.
E. Landscaping
A detailed landscape and irrigation plan shall be prepared by a licensed
landscape architect and submitted with the Site Development Review application.
All landscaping shall comply with the applicable landscaping requirements
specified in the Municipal Code, including the Landscaping Standards and
Water - Efficient Landscaping Sections. In addition, vegetated landscaped areas
shall only consist of native plants or non - native drought tolerant plants, which are
non - invasive. No plant species listed as problematic and /or invasive by the
California Native Plant Society, the California Invasive Plant Council, or as may
be identified from time to time by the State of California shall be employed or
allowed to naturalize or persist on the site. No plant species listed as a "noxious
weed" by the State of California or the U.S. Federal Government shall be utilized
within the property. All plants shall be low water use plants as identified by
California Department of Water Resources.
F. Seawall /Bulkhead Standards
As shown on Exhibit 4, Seawall /Bulkhead Section, a new bayfront
seawall /bulkhead may be constructed along the bayfront to protect existing and
future development, subject to the following:
Back Bay Landing PCDP 14
1. Planning Area 1
a) Any new bulkhead structure shall not extend bayward beyond the Highest
High Water contour elevation of 7.86' relative to MLLW (0.0') or
7.487NAVD 88 (see also applicable General Requirements below) to
preserve the shoreline profile.
2. Planning Area 2
a) Any new bulkhead structure shall not extend bayward beyond the
10' contour elevation (NAVD 88) to preserve the shoreline profile.
3. Planning Area 3
a) Maintenance, repair, and replacement of the existing bulkhead wall
shall be permitted to protect existing development.
4. Planning Area 4 and 5
a) No bulkheads shall be permitted.
5. General Requirements
a) The minimum top of bulkhead elevation shall be 10 feet (NAVD 88).
b) Seawalls, bulkheads, revetments and other such construction that
alters the existing shoreline processes shall be permitted when
required to serve coastal- dependent uses or to protect existing
principal structures or public beaches in danger from erosion and
when designed to eliminate or mitigate adverse impacts on local
shoreline sand supply. In addition, such improvements shall only be
permitted when found consistent with applicable sections of the
Coastal Act and City's Coastal Land Use Plan policies.
c) Bulkheads shall be designed to provide access points to the
shoreline.
G. Diking, Filling, and Dredging Standards
The diking, filling, or dredging of open coastal waters, wetlands and estuaries
shall be permitted in accordance with applicable provisions of the Coastal Act
and City's Coastal Land Use Plan policies.
Back Bay Landing PCDP 15
H. Public Bayfront Promenade and Trail
A 12- foot -wide public bayfront promenade shall be constructed, as illustrated in
Exhibit 5, Public Spaces, along the length of the seawall /bulkhead to the
boundary with the Bayside Village Mobile Home Park, and continuing along the
project entrance to Bayside Drive. The public bayfront promenade shall comply
with the following requirements:
1. An easement for public access shall be provided to the City along the entire
length of the proposed public bayfront promenade.
2. The public bayfront promenade shall be accessible to pedestrians and
bicyclists, and shall extend along the waterfront under the Coast Highway -
Bay Bridge and shall connect to an existing trail system on the south side of
East Coast Highway.
3. The bayfront promenade shall interface with restaurants and outdoor dining
areas, the coastal public view tower, the enclosed dry stack boat storage,
residential and marine boat service areas to the maximum extent feasible.
Amenities such as seating, trash enclosures, lighting, and other pedestrian -
oriented improvements shall be provided along its length where appropriate,
provided a 12- foot -wide clear path is maintained.
4. Bayside Drive shall be improved on both sides with a new Class 2 (on- street)
bike lane up to Bayside Way and a new Class 3 (shared -use) bikeway east of
Bayside Way. A Class 1 (off- street) bikeway and pedestrian trail will also be
provided on the east side of Bayside Drive that originates at the Bayside
Drive / East Coast Highway intersection and runs northerly to the terminus of
Bayside Drive, as shown on Exhibit 6, Coastal Access and Regional Trail
Connections, to accommodate both cyclists and pedestrians. This
improvement shall serve as an enhanced link between the new public
bayfront promenade and the existing City and County trail systems and the
Newport Dunes recreation area.
5. Trails shall be located and designed consistent with Coastal Land Use Plan
(CLUP) Policy 3.1.1 -1 and the Coastal Act, with appropriate routing to protect
the privacy of existing Bayside Village Mobile Home Park residents,
consistent with Public Resources Code section 30214 (Coastal Act).
I. Vehicular Circulation
1. Primary vehicular and pedestrian access to the site shall be set back from its
current location on Bayside Drive to approximately 200 feet north of the East
Coast Highway intersection, as shown on Exhibit 7, Vehicular Circulation, and
Exhibit 8, Revised Vehicular Circulation and Parking. This project driveway
will service both inbound and outbound movements, improve the existing
Back Bay Landing PCDP 16
driveway connection further into the site, and will be relocated approximately
45 feet north of its current location. Any guest parking that is displaced in the
adjacent mobile home park complex as a result of this new driveway
alignment shall be replaced within the mobile home park complex or within
Planning Area 4 on the east side of Bayside Village Mobile Home Park.
2. Intersection improvements at Bayside Drive shall maintain the existing left -
turn lane, add a shared left- turn /through lane, and add an exclusive right -turn
lane on the southbound approach of the signalized intersection with East
Coast Highway. Project access enhancements shall include an exclusive left -
turn lane on the northbound approach of the Bayside Drive and project
driveway intersection.
3. Primary circulation within the development shall accommodate adequate fire
truck turn - around. Emergency vehicle access to and from Bayside Village
Mobile Home Park to the site shall be provided consistent with Exhibit 8,
Revised Vehicular Circulation and Parking.
4. An optional secondary access may be constructed, subject to the review and
approval of the Public Works Department, California Department of
Transportation, Orange County Transportation Authority (OCTA), and the
Orange County Sanitation District (OCSD) that would add an exclusive right -
turn lane along westbound East Coast Highway, as shown on Exhibit 7,
Vehicular Circulation. This connection would be located approximately 430
feet west of the Bayside Drive intersection with East Coast Highway, and
would allow for inbound right -turn movements only. Outbound movements at
this connection point would be prohibited.
J. Lighting
A detailed lighting plan shall be submitted with the Site Development Review
application. All outdoor lighting shall comply with the Outdoor Lighting Section of
the Municipal Code.
K. Signs
A comprehensive sign program shall be submitted with the Site Development
Review application. All signage shall comply with the Sign Standards Section of
the Municipal Code, with the following exceptions:
1. Temporary Signs- Temporary signs that are visible from public right -of -ways
and identify new construction or remodeling may be displayed for the duration
of the construction period beyond the 60 -day limit. Signs mounted on
construction fences are allowed during construction and may be rigid or
fabric.
Back Bay Landing PCDP 17
2. Directional signs oriented to vehicular or pedestrian traffic within internal
drives or walkways, such as electronic display signs, kiosk signs, internal
banners, and three - dimensional sculptural advertising associated with
individual businesses are allowed, or similar, and are not regulated as to size,
content, or color; however, signs shall require permits and shall be subject to
the review of the City Traffic Engineer to ensure adequate sight distance in
accordance with the provisions of the Municipal Code.
L. Utilities
Existing and proposed water and sewer locations are shown on Exhibit 9, Utilities
Plan, and existing and proposed storm drain locations are shown on Exhibit 10,
Drainage Plan. A Final Utilities Plan shall be submitted with the Site
Development review application. The final alignment and location of utilities shall
be reviewed and approved by the Public Works Department. Adequate access
for maintenance vehicles shall be provided. A 30- foot -wide accessible easement
shall be provided for the relocated water transmission line. Buildings shall
maintain a minimum distance of 15 feet from the water line, unless otherwise
approved by the Public Works Department.
M. Sustainability
The development shall be designed as a sustainable community which will allow
residents, tenants and visitors to enjoy a high quality of life while minimizing their
impact on the environment. A Sustainability Plan that addresses topics such as
water and energy efficiency, indoor environmental quality and waste reduction
shall be submitted with the Site Development Review application.
Sustainable programming shall be used to maximize efficiency by conserving
water, minimizing construction impacts, minimizing energy use and reducing
construction and post- construction waste. California - friendly landscaping shall
be utilized in public areas and reclaimed water use (if available) on -site or off -site
will further reduce water demand. Appropriate best management practices shall
be incorporated into landscape design. Energy reduction, recycling, and the
smart use of existing resources shall be implemented. The development shall
incorporate a walkable community design to promote walking and bicycling, and
thus reduce reliance on automotive transport.
The development shall include Low Impact Development (LID) features for storm
water quality improvement where none exist today. Potential LID features may
include storm water planters, permeable pavement and proprietary bioretention
systems. Through the development of a project - specific Water Quality
Management Plan (WQMP), the appropriate site design, source control and LID
control features shall be implemented to improve water quality in the Bay.
Back Bay Landing PCDP 18
N. Public Improvements
A public improvements plan shall be submitted with the Site Development
Review application specifying the public improvements to be constructed in
conjunction with the development of the site and phasing of such improvements.
At minimum, the plan shall discuss and illustrate utility improvements, the
bayfront promenade, Bayside Drive street and bikeway improvements, and
improvements to the OCSD facility.
Back Bay Landing PCDP 19
V. Design Guidelines
The Back Bay Landing Design Guidelines are intended to express the desired character
of the future mixed -use waterfront village. These guidelines set parameters for future
design efforts and help achieve overall consistency and quality of architectural design
and landscape features at build -out. They also explore the aesthetic quality and
functionality of the upper limit of acceptable development intensity, and are structured to
allow the City considerable flexibility in review of future project submittals and
subsequent approvals. All development within the Planned Community shall be in
conformance with these Design Guidelines.
The purpose of the Design Guidelines is:
• To provide the City of Newport Beach, the California Coastal Commission, and
future residents and visitors with the necessary assurances that, when
completed, the development will be built in accordance with the design character
proposed herein;
• To provide guidance to developers, builders, engineers, architects, landscape
architects and other professionals in order to maintain the desired design
character and appearance of the project, as well as expand upon these
concepts in order to maximize the success of the development consistent with
market needs, aesthetic satisfaction, and community goals;
• To provide guidance to the City Staff, Planning Commission, City Council
members and the California Coastal Commission in the review of future
development submissions; and
• To encourage building plans that allow flexibility for innovative and creative
design solutions that respond to contemporary market trends.
A. Architectural Theme
The development shall be designed with a Coastal Mediterranean architectural
theme. This architectural theme is influenced by the climate of the countries it
comes from, emulating palettes of the landscape and architecture in the North
Mediterranean Sea. Thick and textured walls, bull -nose borders, terracotta
colors with rustic metal and stone details produce the style that has been
adopted worldwide. The style is marked by the use of smooth plaster, low -
pitched clay tile, and cast concrete or stone ornaments. Other characteristics
typically include small porches or balconies, arcades, wood casement windows,
canvas awnings, and decorative iron trim. The intent is not to select a historically
Back Bay Landing PCDP 20
specific or rigid architectural style for the project, but to help shape the character
of the area and reflect its setting within the City.
The project should be configured as a village, which accommodates marine -
oriented and visitor - serving retail, restaurants, enclosed dry stack boat storage,
residential units, public space and a coastal public view tower. The "village look"
may be expressed through several techniques. Visual interest may be created
by multiple one -, two- and three -level buildings, with varied roof heights and
planes. Light and shadows may be created through the use of trellises, decks,
and canopies. The planes of the buildings should include recesses and vertical
elements to create the village feeling. Varied roof heights should communicate
the break -up of architectural forms.
The parking structure shall be designed to add to the public and visitor - serving
retail experience and be easily accessible. The project's architectural style, with
the recommended use of stone, tile and glass materials, should blend in color
and form with existing facilities within Newport Beach and the nearby Mariner's
Mile, and provide a high standard of quality for future neighboring development.
Sample imagery is provided on Exhibit 11, Architectural Theme.
B. Site Planning
1. As illustrated in Exhibit 12, Conceptual Site and Landscape Plan, the
development shall be designed as an integrated, mixed -use waterfront village
that encourages public access to and along the bayfront.
2. A public bayfront promenade shall be developed between the Balboa Marina
development to the south and the Newport Dunes and the regional trail
system to the east. Special features of this public bayfront promenade shall
include coastal plazas, vista points and connections with City /County trails
and Newport Dunes as shown on Exhibit 5, Public Spaces.
3. Back Bay Landing restaurants, visitor - serving commercial and plaza areas
shall be accessible to the community by public and private vehicular
transportation, pedestrian and bike paths, and public dock space.
4. Scenic view corridors should be incorporated throughout the project to
maintain existing coastal views from East Coast Highway as shown on Exhibit
13, East Coast Highway View Corridors.
5. Outdoor dining and plaza areas shall be designed to interface with the street
and bayfront.
6. The development shall include a coastal public view tower that serves to
identify the entry location and promote the activity of the site. The coastal
public view tower shall be public and ADA- accessible and designed to provide
expansive coastal view opportunities.
Back Bay Landing PCDP 21
7. The development shall create a strong pedestrian interface with the
waterfront, maximizing accessibility and providing visual corridors enhancing
the public /visitor experience.
8. Buildings should be arranged to create opportunities for public gathering
spaces, encourage outdoor living and invite patronage. Mixed -use areas
should emphasize pedestrian orientation by utilizing features such as plazas,
courtyards, interior walkways, trellises, seating, fountains, and other similar
elements.
9. The development shall promote connectivity throughout the village and to
adjacent developments and trails systems through the use of shared facilities
such as driveways, parking areas, pedestrian plazas and walkways.
10. Ground level equipment, refuse collection areas, storage tanks, infrastructure
equipment and utility vaults should be screened from public right -of -way
views with dense landscaping and /or walls of materials and finishes
compatible with adjacent buildings.
11. Site-specific analyses (wind patterns, noise assessments, etc.) and special
design features shall be incorporated into the proposed buildings surrounding
the OCSD pump station facility to offset potential noise and odor control
issues associated with the existing operations of the facility. Indoor air
conditioned spaces within the development shall include the installation of
odor filters, such as activated carbon filters or similar, to filter indoor air.
C. Building Massing
1. Avoid long, continuous blank walls, by incorporating a variety of materials,
design treatments and /or modulating and articulating elevations to promote
visual interest and reduce massing.
2. Layering of wall planes and volumes are encouraged to provide rhythm,
dynamic building forms, and shadows.
3. Building massing should consist of a mix of heights to add visual interest and
enhance views to the bay above or between buildings.
4. Taller buildings should use articulation to create visual interest. Articulation
should include vertical and horizontal offsets, use of multiple materials and
finishes, and the entry/corner elements.
5. Towers or other vertical /prominent building features should be used to
accentuate key elements such as building entries, pedestrian nodes, plazas,
and courtyards.
Back Bay Landing PCDP 22
6. To maintain a low profile at the corner of East Coast Highway and Bayside
Drive, the development should consist of reduced height commercial retail
buildings closest to the intersection and may step up in height further away
from the intersection, as shown on Exhibit 3, Building Heights.
D. Fargade Treatments
1. Ground floors of commercial buildings should have storefront design with
large windows and entries encouraging indoor and outdoor retailing.
2. Architectural elements that create sheltered pedestrian areas are
encouraged.
3. The quality of the pedestrian environment should be activated by
architecturally vibrant storefronts with features such as planter walls, outdoor
seating and dining spaces, enhanced trellises, accent or festive lighting,
awnings or canopies, large transparent windows, recessed openings and
entry ways.
4. Create a unified and consistent alignment of building facades that define and
address the street and waterfront.
5. Horizontal definition between uses, generally between the first and second
floor is strongly encouraged.
6. For residential uses, balconies and sill treatments are encouraged on upper
stories to articulate the fagade.
7. Building facades should respect the public realm edge by controlling and
limiting encroachments that could impede pedestrian connectivity and retail
exposure. Building designs will be encouraged to support and activate the
public realm and plazas, and encourage accessibility.
8. "Back of House Areas" and service corridors shall be avoided along primary
street and waterfront elevations.
9. Roof - mounted mechanical equipment shall not be visible in any direction from
a public right -of -way, as may be seen from a point 6 feet above ground level,
including from the Coast Highway -Bay Bridge curb elevation. In addition,
screening of the top of the roof - mounted mechanical equipment may be
required if necessary to protect views.
10. Subject to the approval of the OCSD, the existing building exterior of the
OCSD facility located adjacent to East Coast Highway and at the property's
southwestern boundary shall undergo aesthetic improvements (refacing,
reroofing, etc.) to reflect the architectural design standards contained in this
Back Bay Landing PCDP 23
PCDP. Should the OCSD facility be reconstructed, the architectural design of
the structure shall be compatible with the architectural design of the Back Bay
Landing development and design standards contained in this PCDP.
E. Public Views
1. As illustrated on Exhibit 13, East Coast Highway View Corridors, buildings
should be oriented to maximize view opportunities while minimizing the visual
impact of the building on existing view sheds.
2. Buildings proposed adjacent to the Coast Highway -Bay Bridge shall preserve
coastal views that are afforded due to the differential in height between the
elevation of the bridge and the elevation of the site. Buildings located within
View Corridors 5, 6, and 7, as shown in Exhibit 13, East Coast Highway View
Corridors, shall maintain a low profile against East Coast Highway, allowing
coastal views over the development. The public coastal views shall be
consistent with Section 4.4.1 -8 of the Newport Beach Coastal Land Use Plan
policies.
3. A pedestrian view corridor shall be designed at the southeast corner of
Bayside Drive and East Coast Highway, shown as View Corridor 2 on Exhibit
13, East Coast Highway View Corridors, allowing northbound pedestrians and
motorists to see into the project and the coastal view beyond.
4. The enclosed dry stack boat storage building shall be designed with multiple
heights to create a distinct view corridor from East Coast Highway to the Bay,
illustrated as View Corridor 4 on Exhibit 13, East Coast Highway View
Corridors. This corridor shall be visible to north and south bound pedestrians,
bicyclists and motorists.
5. The development shall be designed to frame existing bay views and should
create new bay views where they are currently blocked by fencing and
outdoor vehicle /boat storage.
6. The coastal public view tower shall be publicly accessible and designed to
provide panoramic coastal views and include interpretive elements.
F. Parking and Parking Structure
1. Parking areas and structures shall promote efficient circulation for vehicles
and pedestrians.
2. Convenient, well- marked and attractive pedestrian access shall be provided
from parking areas and structures to buildings.
Back Bay Landing PCDP 24
3. Parking facilities should be physically separated for non - residential uses and
residential uses, except for residential guest parking. If enclosed parking is
provided for an entire mixed -use complex, separate areas /levels shall be
provided for non - residential and residential uses with separate building
entrances, whenever possible.
4. A semi - subterranean level should be incorporated, if feasible, to minimize
height and bulk of parking structure.
5. Parking structures shall be screened from the public right —of -way to the
maximum extent feasible. Portions of the structure that cannot be screened
shall incorporate decorative screening, landscape walls, artistic murals, or
application of stylized fagades.
6. Commercial retail and residential uses should wrap and mask the parking
structure.
7. The parking structure shall complement the design vocabulary of the attached
or adjacent buildings, and incorporate form, materials, color, and details from
the attached or adjacent buildings.
8. Adequate parking that is located within a convenient distance from the use it
is intended to serve shall be provided for all uses proposed on -site, as well as
marina users, displaced Bayside Village Mobile Home Park guest parking,
and for public access. General parking locations are shown on Exhibit 14,
Parking Plan.
9. The upper level of the parking structure shall be designed to minimize vehicle
headlight and rooftop lighting spill -over.
10.To encourage alternative means of transportation, the parking structure shall
incorporate bicycle parking storage accommodations, and electric vehicle
charging stations.
G. Public Spaces
The development shall provide extensive outdoor public spaces, as shown on
Exhibit 5, Public Spaces, and described below.
1. A coastal public view tower that includes public access to a functioning public
viewing platform at the top is strongly encouraged. This elevated platform
can provide exceptional public coastal view opportunities of Newport Harbor
and Upper Newport Bay. In the evening business hours, it may be lit from
within and may have exterior up- lighting.
2. A richly paved pedestrian and automobile plaza should be incorporated into
the design that seamlessly and safely blends pedestrian, bicycle and
Back Bay Landing PCDP 25
vehicular movement. This plaza may provide an opportunity for valet parking,
provided a valet operation plan is reviewed and approved by the City.
Bollards and potted plants should define the plaza edge in a park -like setting
and should visually connect the east and west ends of the mixed -use project
area as the center point of the project, while still allowing unhindered
pedestrian movement to the retail areas and public bayfront promenade.
3. Restaurants shall be designed to be accessible from the public bayfront
promenade and should provide both indoor and outdoor dining areas with
scenic coastal views of the bay and coastal public view tower.
4. Vendor carts selling specialty items are encouraged in the outside plazas and
along retail walkways to enhance the shopping or dining experience by
activating the plaza areas. However, vendor carts shall not be permitted
within the 12- foot -wide public bayfront promenade.
5. Passive recreation opportunities and waterfront viewing shall be provided
along the public bayfront promenade.
6. A public launching area and parking for kayak and paddleboard users shall be
incorporated into the development.
7. New marina boat -slip tenant lockers shall be provided near the entry to the
Bayside Village Marina.
8. Public restrooms for visitors to the site shall be provided along the public
bayfront promenade.
H. Landscaping
1. The landscaping should reflect the project's coastal marine location and
provide visual ties to the coastal bluffs, sand beaches, tidelands and
wetlands, tide pools, local marinas and sea life.
2. Creativity in combining plant materials to emulate natural features is
encouraged. Some examples of possible design strategies are using swaying
grasses to emulate water movement, using water fountains to emulate the
sound and rhythm of waves, and emulating sea colors in plant selection.
3. The use of water fountains, waterfalls, water sculptures, or water features are
encouraged.
4. Marine murals and other forms of public art are encouraged throughout the
project.
Back Bay Landing PCDP 26
5. Landscaping should include tree plantings around buildings to enhance
architectural character and provide shade in the summer and sun in the
winter.
6. California - friendly plant species with low watering requirements and
characteristics that are compatible with the climate, soils, and setting should
compose the majority of the plant palate.
7. The irrigation system shall be designed, constructed, managed, and
maintained to achieve a high level of water efficiency.
8. Landscaping in the view corridors should not block these views but rather
frame and enhance them.
9. Green walls, water features and selective placement of potted plants and
trees can improve and soften the appearance of the buildings while
preserving and enhancing desired views.
I. Hardscaping
1. An enhanced permeable paving should be used at the project entry to create
rich texture and color while also helping to mitigate urban runoff.
2. Pedestrian spaces should be developed with specialty paving to provide
interest and definition and compliment architectural and landscape features.
3. Selection of hardscape material should reflect the coastal marine theme of
the project, for example: sand stone, sea glass, pebbles, drift wood,
ocean /beach inspired colors or textures, etc.
4. Private streets, driveways, and drive aisles should be multi - purpose and
accommodate pedestrian, bike, emergency vehicles, and slow automobile
movements. Generous use of planters, large pots and bollards are
encouraged with raised curbs only where necessary.
J. Signs
1. The preferred approach to signing is through creating a strong architectural
statement that announces development, rather than large distracting signs.
2. Monument signs identifying the development may be permitted at the primary
entrance off Bayside Drive and possibly the optional secondary entrance off
East Coast Highway, if approved.
Back Bay Landing PCDP 27
3. Signage should be appropriately scaled to the building or surface onto which
it is placed, should not obscure important architectural features, and should
be readable by both pedestrians and drivers approaching the site.
4. Signage shall be integrated with the design and scale of the architecture.
5. A coordinated approach to signage throughout the development is particularly
important due to the multiple storefronts that are envisioned. Signs of similar
size, proportion, and materials should be used on each store.
Back Bay Landing PCDP 28
VI. Phasing
The Back Bay Landing mixed -use development is anticipated to be developed as one
phase during an 18- to 24 -month construction period. The integrated mixed -use and
parking structure combined with the relatively small site necessitates construction in a
single phase. The Back Bay Landing development will necessitate the construction of a
seawall /bulkhead, but does not include reconstruction of the existing Bayside Village
Marina.
The general sequence of construction is provided below although certain activities will
overlap thereby reducing the total duration of the project.
• Demolition — 1 month
• Excavation and De- watering — 2 months
• Infrastructure / Foundations — 6 months
• Vertical Construction — 15 months
• Final Landscaping — 3 months
• Bayside Drive Roadway Improvements and Trail — 4 months
• Reconfiguration of Bayside Village Mobile Home Park — 6 months
Back Bay Landing PCDP 29
VII. Back Bay Landing PCDP Implementation/
Site Development Review
A. Purpose and Intent
The purpose of the Site Development Review process is to ensure the
development of the Back Bay Landing PCDP (PC -9) is consistent with the goals
and policies of the General Plan, provisions of this PCDP, and the findings set
forth below in Section VII.C.
B. Application
Approval of the Site Development Review application by the Planning
Commission shall be required for the construction of any new structure prior
to the issuance of a grading or building permit. The Planning Commission's
decision is final, unless appealed in accordance with the Newport Beach
Municipal Code.
2. The following items are exempt from the Site Development Review Process
and are subject to the City's applicable permits:
a) Tenant improvements to any existing buildings, kiosks, and temporary
structures.
b) Repair and maintenance activities.
c) Replacement of existing structures found in substantial conformance
with previously approved plans and /or permits.
C. Findings
In addition to the general purposes set forth in Section VILA and in order to carry
out the purposes of the Back Bay Landing PCDP, the following findings must be
made to approve or conditionally approve a Site Development Review application:
1. The development shall be in compliance with the General Plan, Coastal Land
Use Plan, Back Bay Landing Planned Community Development Plan,
including design guidelines, and any other applicable plan or criteria related to
the development;
2. The development shall be compatible with the character of the neighboring
uses and surrounding sites;
3. The development shall be sited and designed to maximize the aesthetic
quality of the project as viewed from surrounding roadways, properties, and
Back Bay Landing PCDP 30
waterfront, with special consideration given to providing a variety of building
heights, massing, and architectural treatments to provide public views through
the site;
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, landscaping and other site features shall give proper
consideration to functional aspects of site development; and
5. The development shall not be detrimental to the harmonious and orderly
growth of the City, or endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of
persons residing or working in the neighborhood of the proposed
development.
D. Submittal Contents
The Site Development Review application shall include all of the information and
materials specified by the Community Development Director and any additional
information requested by the Planning Commission in order to conduct a
thorough review of the application. The following plans /exhibits may include, but
are not limited to the following:
1. Existing conditions including adjacent structures and proposed improvements.
2. Comprehensive site and grading plan.
3. Comprehensive elevation drawings and floor plans for new structures with
coordinated and complimentary architecture, design, materials and colors.
4. Permitted and proposed floor area, and residential units.
5. A parking and circulation plan showing pedestrian paths, streets and fire
lanes.
6. Landscaping, lighting, signage, utilities, sustainability, and public
improvements plans as required by Section IV.
7. Parking management plan (if applicable).
8. A comprehensive, cohesive and coordinated preliminary landscape plan,
illustrating general location of all plant materials, by common and botanical
names, size of plant materials, and irrigation concept.
9. A comprehensive, cohesive and coordinated lighting plan of exterior and
parking structure lighting, including locations, fixture height, fixture product
type and technical specifications.
Back Bay Landing PCDP 31
10. Comprehensive text and graphics describing the design philosophy for the
architecture, landscape architecture, material and textures, color palette,
lighting, and signage.
11. Text describing drainage and water quality mitigation measures.
12. Open Space Plans (indoor and /or outdoor) for residential units.
13.A statement that the proposed new structure is consistent with the goals,
policies, and actions of the General Plan and Planned Community
Development Plan.
14.Any additional background and supporting information, studies, or materials
that the Community Development Director deems necessary for a clear
representation of the projects.
E. Public Hearing
A Planning Commission public hearing shall be held on all site development
review applications. Notice of the hearing shall be provided and the hearing shall
be conducted in compliance with the Municipal Code Chapter 20.62 (Public
Hearings).
F. Expiration and Revocation of Site Development Review
Approvals
1. Expiration. Any site development review approved in accordance with the
terms of this planned community development plan shall expire within twenty -
four (24) months from the effective date of final approval as specified in the
Time Limits and Extensions Section of the Newport Beach Municipal Code,
unless at the time of approval the Planning Commission has specified a
different period of time or an extension is otherwise granted.
2. Violation of Terms. Any site development review approved in accordance
with the terms of this planned community development plan may be modified
or revoked if any of the conditions or terms of such site development review
are violated or if any law or ordinance is violated in connection therewith.
3. Public Hearing. The Planning Commission shall hold a public hearing on any
proposed modification or revocation after giving written notice to the permittee
at least ten (10) days prior to the hearing, and shall submit its
recommendations to the City Council. The City Council shall act thereon
within sixty (60) days after receipt of the recommendation of the Planning
Commission.
Back Bay Landing PCDP 32
G. Fees
The applicant shall pay a fee as established by Resolution of the Newport Beach
City Council to the City with each application for Site Development Review under
this planned community development plan.
H. Minor Changes by the Director
1. The following minor changes to an approved site plan may be approved by
the Director in compliance with Section 20.54.070 (Changes to an approved
project) of the Newport Beach Municipal Code:
a) Minor relocation of any proposed structure.
b) Reconfiguration of the parking lot, including drive aisles and /or parking
spaces, subject to review and approval of the City Traffic Engineer.
c) Reconfiguration of landscaping.
d) Any other minor change to the site plan provided it does not increase
any structure area, height, number of units, and /or intensity of uses.
2. Any proposed changes that are not deemed minor shall be subject to review
and approval by the Planning Commission.
Back Bay Landing PCDP 33
VIII. Definitions
All words, phrases, and terms used in this Back Bay Landing PCDP (PC -9) shall
have the same meaning and definition as provided in the City of Newport Beach
Zoning Code unless defined differently in this section.
Architectural Features: A visually prominent or formally significant element of a
building which expresses its architectural language and style in a complementary
fashion. Architectural features should be logical extensions of the massing,
details, materials, and color of the building which complement and celebrate its
overall aesthetic character.
Backfill: Material used to fill or refill an excavated or natural slope area.
Building Elevation: The drawing of the exterior wall surface formed by one (1)
side of the building.
Bulkhead: A retaining wall /structural wall constructed along shorelines for the
purpose of controlling beach erosion, supporting buildings and protecting areas
of human habitation, conservation and leisure activities. Also referred to as a
seawall. The depth of the bulkhead will be determined by a licensed structural
engineer.
Carts and Kiosks: Carts and kiosks are small, freestanding structures used for
retail sales and services. Generally mobile in terms of ease or relocation, the
structures can be seasonal, temporary or for a more permanent use.
Commercial Recreation and Entertainment: Establishments providing
participant or spectator recreation or entertainment, either indoors or outdoors,
for a fee or admission charge. Illustrative examples of commercial recreation
and entertainment uses include arcades or electronic games centers, billiard
parlors, cinemas, and theaters.
Cultural Institution: A public or private institution that displays or preserves
objects of community or cultural interest in one or more of the arts or sciences.
Illustrative examples of these uses include libraries and museums.
Eating and Drinking Establishments:
Bar, Lounge, and Nightclub. An establishment that sells or serves
alcoholic beverages for consumption on the premises and is holding or
applying for a public premise license from the California State Department
of Alcoholic Beverage Control (ABC) (i.e., ABC License Type 42 [On Sale
Beer & Wine - Public Premises], ABC License Type 48 [On Sale General -
Public Premises], and ABC License Type 61 [On Sale Beer - Public
Premises]). Persons under 21 years of age are not allowed to enter and
Back Bay Landing PCDP 34
remain on the premises. The establishment shall include any immediately
adjacent area that is owned, leased, rented, or controlled by the licensee.
Fast Food. An establishment whose design or principal method of
operation typically includes the following characteristics:
1. A permanent menu board is provided from which to select and
order food;
2. A chain or franchise restaurant;
3. Customers pay for food before consuming it;
4. A self - service condiment bar and /or drink service is /are provided;
5. Trash receptacles are provided for self - service bussing; and
6. Furnishing plan indicates stationary seating arrangements.
A fast food establishment may or may not have late hour operations.
Alcoholic beverages are not sold, served, or given away on the premises.
If alcoholic beverages are sold, served, or given away on the premises,
the use shall be considered a food service use. See "Food Service."
Drive thru service shall not be allowed.
Food Service, No Late Hours. An establishment that sells food and
beverages, including alcoholic beverages, prepared for primarily on -site
consumption, and typically has the following characteristics:
1. Establishment does not have late hour operations;
2. Customers order food and beverages from individual menus;
3. Food and beverages are served to the customer at a fixed location
(i.e., booth, counter, or table); and
4. Customers pay for food and beverages after service and /or
consumption.
Food Service, Late Hours. An establishment that sells food and
beverages, including alcoholic beverages, prepared for primarily on -site
consumption, and typically has the following characteristics:
1. Establishment does have late hours;
2. Customers order food and beverages from individual menus;
Back Bay Landing PCDP 35
3. Food and beverages are served to the customer at a fixed location
(i.e., booth, counter, or table); and
4. Customers pay for food and beverages after service and /or
consumption.
Late Hour Operations. Facilities that provide service after 11:00 p.m.
Outdoor Dining, Accessory. An outdoor dining area contiguous and
accessory to a food service establishment.
Take -Out Service, Limited. An establishment that sells food or
beverages and typically has the following characteristics:
1. Sales are primarily for off -site consumption;
2. Customers order and pay for food at either a counter or service
window;
3. Incidental seating up to 6 seats may be provided for on -site
consumption of food or beverages; and
4. Alcoholic beverages are not sold, served, or given away on the
premises.
Typical uses include bakeries, candy, coffee, nut and confectionery stores,
ice cream and frozen dessert stores, small delicatessens, and similar
establishments.
Take -Out Service Only. An establishment that offers a limited variety of
food or beverages and has all of the following characteristics:
1. Sales are for off -site consumption;
2. Seating is not provided for on -site consumption of food or
beverages; and
3. Alcoholic beverages are not sold, served, or given away on the
premises.
Green Building: The practice of increasing the efficiency of buildings and their
use of energy, water, and materials, and reducing building impacts on human
health and the environment through better siting, design, construction, operation,
maintenance, and removal.
High Tide: The tide at its fullest, when the water reaches its highest level.
Back Bay Landing PCDP 36
Marina: A commercial berthing facility (other than moorings or anchorage) in which five
or more vessels are continuously wet - stored (in water) for more than 30 days. Marinas
are regulated by Title 17. See Marina Support Facilities.
Marina Support Facilities: An on -shore facility (e.g., administrative offices, bathrooms,
laundry facilities, storage lockers, picnic areas, snack bar, etc.) that directly supports a
marina.
Marine Rentals and Sales: Establishments engaged in renting, selling or
providing supplies and equipment for commercial fishing, pleasure boating, or
related activities.
Boat Rentals and Sales. An establishment that rents or sells vessels,
including storage and incidental maintenance. See "Vessel." Does not
include "Marine Services."
Marine Retail Sales. An establishment that provides supplies and
equipment for commercial fishing, pleasure boating, or related activities.
Examples of goods sold include navigational instruments, marine
hardware and paints, nautical publications, nautical clothing (e.g., foul -
weather gear), and marine engines. Does not include uses in which fuel
for boats and ships is the primary good sold (see "Marine Services. ").
Marine Services:
Boat Storage. Storage of operative or inoperative boats or ships on land
or racks for more than 30 days. Unenclosed boat storage on racks are not
permitted.
Boat Yard. Construction, maintenance, or repair of boats or ships,
including the sale, installation, and servicing of related equipment and
parts.
Entertainment and Excursion Vessels. A vessel engaged in carrying
passengers for hire for the purposes of entertainment or excursions (e.g.,
fishing, whale watching, diving, educational activities, harbor and coastal
tours, dining /drinking, business or social special events and entertainment,
etc.). See "Vessel."
Marine Service Station. A retail establishment that sells gasoline, diesel,
and alternative fuels, lubricants, parts, and accessories for vessels and
other convenience items. No fuel docks shall be allowed. See "Vessel."
Water Transportation Service. An establishment that provides vessels
to carry passengers for hire who are traveling to destinations within and
outside of Newport Harbor. See "Vessel."
Back Bay Landing PCDP 37
Highest High Water (HHW) Line: The average of all the highest high tides
occurring over a certain period of time, usually 18.6 years (one lunar epoch).
Based on the 2004 Tide Planes & Tidal Datum Relationships for City of Newport
Beach, HHW elevation is 7.86' relative to Mean Lower Low Water (0.00').
Mean Lower Low Water (MLLW) Line: The average of the lower low tides
occurring over a certain period of time, usually 18.6 years (one lunar epoch).
Based on the 2004 Tide Planes & Tidal Datum Relationships for City of Newport
Beach, Mean Lower Low Water is elevation 0.00'.
Multi - Family Residential Flat: A condominium on a single level.
North American Vertical Datum of 1988 (NAVD 88): The vertical control
datum of orthometric height established for vertical control surveying in the
United States.
Parking Structure: Structures containing more than one story principally
dedicated to parking. Parking structures may contain accessory, ancillary, and
resident support uses such as solar panels and trellis structures.
Perimeter Setback: An established distance between a building /structure and
the perimeter of the project site other than along East Coast Highway, Coast
Highway -Bay Bridge, Bayside Drive, and the bayfront.
Personal Services (Land Use):
General. Establishments that provide recurrently needed services of a
personal nature. Illustrative examples of these uses include:
• Barber and beauty shops
• Clothing rental shops
• Dry cleaning pick up stores with limited equipment
• Locksmiths
• Shoe repair shops
• Tailors and seamstresses
• Laundromats
These uses may also include accessory retail sales of products related to
the services provided.
Restricted. Personal service establishments that may tend to have a
blighting and /or deteriorating effect upon surrounding areas and that may
need to be dispersed from other similar uses to minimize adverse impacts,
including:
• Day spas
• Healing arts (acupuncture, aromatherapy, etc.) with no services
qualifying under "Massage Establishments"
Back Bay Landing PCDP 38
• Tanning salons
• Tattoo services and body piercing studios
These uses may also include accessory retail sales of products related to
the services provided.
Public Bayfront Promenade: A pedestrian walkway that extends along the
waterfront length of the Back Bay Landing project.
Seawall: See previous definition of "bulkhead" above.
Setback: Shall mean the space between an object, such as the face of a
building or fence, and the perimeter property line.
Sign: Any media, including their structure and component parts which are used
or intended to be used outdoor to communicate information to the public.
Temporary Sign: Any sign, banner, pennant, valance, or advertising display
constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other
light materials, with or without frames, intended to be displayed for a limited
period of time.
Vehicle Entry: Any intersection points along the public right -of -way that provide
access for automobiles.
Vessel: Every type of watercraft that is used or capable of being used as a
means of transportation on water. This includes all vessels of any size home -
ported, launched /retrieved, or visiting in Newport Harbor, arriving by water or
land, and registered or unregistered under State or Federal requirements, except
a seaplane on the water.
Visitor - Serving Retail: Retail establishments engaged in selling goods or
merchandise to tourists and visitors. Examples of these establishments and lines
of merchandise include:
Back Bay Landing PCDP 39
• Antiques
• Appliances
• Art galleries
• Artists' supplies
• Bakeries (retail only)
• Bicycle sales and rentals
• Books
• Cameras and photographic supplies
• Clothing and accessories
• Convenience market
• Drug and discount stores
• Gift shops
• Handcrafted items
• Hobby materials
• Jewelry
• Luggage and leather goods
• Newsstands
• Pharmacies
• Specialty food and beverage
• Specialty shops
• Sporting goods and equipment
• Tobacco
• Toys and games
• Travel services
Back Bay Landing PCDP 40
Appendix
Back Bay Landing Exhibits
Back Bay Landing PCDP 41
i
Newport
`:.Beach
o�
Balboa
Peninsula
Source: Mapquest
L -F - L.
LOCATION
BACK BAY—
LANDING
MIXED- USE
PROJECT AREA
Pau
tea.
Upper
Newport Bay
°e
o„
EXHIBIT 1
LOCATION MAP
Back Bay Landing is located immediately
north of East Coast Highway in Newport
Beach, California. The site is bounded by
East Coast Highway and Newport Harbor
on the south and west, Bayside Drive to
the south, the Newport Back Bay channel
to the west and Bayside Village Mobile
Home Park to the southeast.
Legend
Newport Bay Project Area (Parcel 3 of PM 93 -111)
6aIL_',
Island 1 Back Bay Landing Mixed -Use Project Area
J'F Balboa Island PC -9 Boundary
Balboa 'ar
C Ealb;,a BW¢!
M BACK BAY LANDING
NIAP N.T.S. NEWPORT BEACH, CALIFORNIA
1 -7 -2013
De Anza Bayside Marsh Peninsula -
le_�\Z'
; Existing Marina
a`yr PARCEL3
PlanningArea 5 Overflow Gravel
_ - Parking Lot i
�aa
tia
Pc
o�
Pla nning Area 3
Newport Dunes
Waterfront
Resort & Marina
RECREATIONAL &
\RINE COMMERCIAL
Source: Templeton Planning Group
ru
A I AREAS N T.S.
P L N N N G 8 -30 -2013
EXHIBIT 2
PLANNING AREAS
This Planned Community includes five
distinct planning areas.
Parcel 3 Summary
P. A.
Description
Acres
Mixed -Use Area
5.132
(North of CH centerline)
ac
Recreational & Marine Commercial
0.642
(South of CH centerline)
ac
Existing Private Marina
0.659
Access and Beach
ac
Marina and Bayside Village
0.541
Mobile Home Park Storage and
ac
Guest Parking
Submerged Fee -Owned
24.457
Lands (Area includes De Anza
ac
Bayside Marsh Peninsula)
Parcel 3 Total Area
31.431
ac
BACK BAY LANDING
NEWPORT BEACH, CALIFORNIA
Grade Baseline Elevations
to Measure Building Height
/ � Elevation 11' I
v '
% /n1
Elevation 14'
I
I
I
I
I
I \
_
V �..
PA 1
35 ft Building
___ Height Zone
-- -- (Grade for Measurement
of Height: 11)
PA 2
26 ft Building
Height Zone
(Grade for Measurement
of Height: 12';
Limited to 26 ft flat roof
or 31 ft sloped roof)
Building Height Zones
East Coast Highway —
Bridge Over Newport Bay
ECH Elevation
Source: Stoutenborough Inc., Architects & Planners
East Coast Highway
:)prox. 560
O
I �
-o
m
m
11 i
Low Profile Building
From ECH
PA 4
(Grade for Measurement
of Height: 12')
PA 1
26 ft Building
Height Zone
(Grade for Measurement
of Height: 14';
Limited to 26 ft flat roof
or 31 ft sloped roof)
PA 1
35 ft Building
Height Zone
(Grade for Measurement
of Height: 14)
�� j Bridge East Coast Highway
65' Coastal Public
View Tower
(Public & ADA Accessible)
BUILDING HEIGHTS
Remodeled
Existing Sewer
Pump Station
EXHIBIT 3
BUILDING HEIGHTS
DESIGN GUIDELINES
East Coast Highway is approximately
22 feet above the Back Bay Landing
development site limiting the
development's impact on views from
East Coast Highway.
There are three finished grade
baseline elevations indicated on the
exhibit from which the building
heights are measured: 11, 12, or 14
feet.
35 ft Bldg Height O0 ft Projection
31 ft Sloped
26 ft Flat
100 ft
Bayside Drive
Existing 2 -story Mobile Home
® BACK BAY LANDING
NEWPORT BEACH, CALIFORNIA
8 -30 -2013
12' -0"
Public Bayfront Promenade
n
_ — — Finished Grade at Top of Bulkhead Wall +10'
----- --- - - - - -' Back Fill Area
Front of Bulkhead Wall
law
��.Ar,
Source: Stoutenborough Inc., Architects & Planners
BULKHEAD SECTION
Highest High Water Line ( +7.86')
above Mean Lower Low Water (0')
Existing Grade
Depth to be Determined
EXHIBIT 4
SEAWALL/ BULKHEAD
SECTION
Bulkhead
The project bulkhead may be built to the
Highest High Water elevation of 7.86'
relative to Mean Lower Low Water (0.0') or
7.48' /NAVD 88 to preserve the natural
profile along the shoreline adjacent to the
County Tidelands, subject to consistency
findings in the Coastal Act and City of
Newport Beach Coastal Land Use Policies.
BACK BAY LANDING
N.TS. NEWPORT BEACH, CALIFORNIA
12 -21 -2012
Boat Launching
and Haul Out Area
Bayside Plaza
Public Bayfront
Promenade
Residential
Kayak &—
Stand Up
Paddle Board
Rental,
Launch &
Storage
Boat Service
Pool
De-k
Coastal Public View Tower
(Public & ADA Accessible)
Outdoor Dining
,ed
D Sack Doet
sle"ge
Area
Public Parking
for Kayak Launch
Retail wl
Residential
Enclosed
Dry Stack Boat
Storage
Public Use of Enclosed
Dry Stack Boat Storage
(Privately Owned)
Access Gate to Marina
Pedestrian /Auto Plaza
Public Marina Lockers
& Restrooms
Retail on Ground Floor
Retail w/
Residential
Parking Structure
Retail w/
Residential
I , Existing
' Sewering
Retail Station
Bus Stop
East Coast Higt'Way
Connects to
Regional Trail
Retail
Restaurant
Outdoor Dining
Baysido') Trail
/
Retail Plaza j
Public Parking for Retail, Marina & Bayside Village Mobile Home Park
Upper Parking Deck Provides Views to the North and South
EXHIBIT 5
PUBLIC SPACES
DESIGN GUIDELINES
Back Bay Landing contains extensive
outdoor public space, including:
• A linear continuous Public Bayfront
Promenade along the bay and connect-
ing to regional trails.
• Class 1, 2, and 3 off - street bikeway
and pedestrian trails connecting to
East Coast Highway along Bayside
Drive.
• A large retail plaza with enhanced
paving street furniture, water features
and shade trees.
• The Coastal Public View Tower with
enhanced paving and landscape.
• A Bayside Plaza with enhanced paving,
seating and shade trees.
• A kayak and SUP rental and launch area
with storage lockers and water access.
• Public Restrooms accessed from the
Public Bayfront Promenade.
Additional public spaces are provided
within retail, restaurant and the enclosed
dry stack boat storage buildings.
Source: Templeton Planning Group
BACK BAY LANDING
U B L I C 1 A
CL V 8 -30 -2013 NEWPORT BEACH, CALIFORNIA
'0/
Newport
Beach
Lido Isle
BACK BAY
LANDING
VI Ft•rl" FYP
1. Regional Trail Connections
V
Proposed Coastal
Public View Tower
2. Proposed Coastal Access
Upper
Newport
Back Bay
GO
Balboa
Island
9y! Halbr.1 Wand
a� 1-7
.Nr:deaMc�y.�n.
FB
New Public
Bayfront Access
io
3. Current Lack of Trail Connection
New Public j
IF
F:
Bayfront Access
New ,Class 1 & 3
Off- Street Bikeway
v r'•t = ^" 1 & Pedestrian Trail
ti _ f Dj
New Class 1 & 2
M`-
Off - Street Bikeway
East Coast Highway & Pedestrian Trail
.tit�a�e
4. Critical Trail Connections
Source: City of Newport Beach Master Plan of Trails & Coastal Access and Recreation Maps
COASTAL ACCESS &
REGIONAL TRAIL CONNECTIONS
EXHIBIT %
COASTAL ACCESS
AND REGIONAL TRAIL
CONNECTIONS
Back Bay Landing provides coastal access
and a critical link between existing regional
trails.
1. Regional Trail Connections
2. Proposed Coastal Access
3. Current Lack of Trail Connection
4. Critical Trail Connections
Legend
Trail Types
00000 New Public Bayfront Access
Accessible to Pedestrians & Cyclists
Monson New Class 1 & 2 Off - Street
Bikeway & Pedestrian Trail
New Class 1 & 3 Off - Street
Bikeway & Pedestrian Trail
Existing Class 1 Trail
Existing Class 2 Trail
Existing Class 3 Trail
� Lateral Access
� Vertical Access
Public Beach Access Location
Public View Point
rr
BACK BAY LANDING
N.TS. NEWPORT BEACH, CALIFORNIA
7 -16 -2013
I
CLASS 2
(ON-STREET)
' BIKE LANE
I
i/
r
r
1
I
I
n
/
CLASS 2
r (ON- STREET)
BIKE LANE
CLASS 1
(OFF- STREET)
BIKEWAY &
PEDESTRIAN
\ TRAIL
♦ °� woo �
Fire Truck -
Turn- Around
Fire Truck
Turn - Around
Under Bridge
e
1
/ Emerge
9
Vehicl
n
- -f
I
EXHIBIT 7
VEHICULAR
CIRCULATION
DESIGN GUIDELINES
/
'!I
L OCTA Bus Stop
East Coast Highway
Primary Vehicular
Access
1
J
Optional Secondary Access
Deceleration and right -turn movements only
Primary circulation includes two fire truck turn
Primary vehicular access to the site will be from
arounds. An Emergency Vehicle Access from
Bayside Drive approximately 200 feet north of
additional layer of safety.
the East Coast Highway intersection. This
Guarded Vehicular
project driveway would service both inbound
Access for Marina
and public storage is located directly off
and outbound movements, improve the existing
Bayside Drive.
Storage and Existing
driveway connection further into the site, and
will be relocated approximately 45 feet north of
/!
An optional secondary access located
its current location.
approximately 430 feet west of the Bayside
Intersection improvements will maintain the
would add an exclusive right -turn lane along
existing left -turn lane, add a shared left -
`
turn /through lane, and add an exclusive right -
Bayside Village
movements only. Outbound movements would
turn lane on the southbound approach of the
Mobile Ho
signalized intersection of Bayside Drive with
`
East Coast Highway. Project access
enhancements will include an exclusive left -turn
Newport Dunes
0
Waterfront
lane on the northbound approach of the Bayside
Resort & Marina
Drive and project driveway intersection.
/
'!I
L OCTA Bus Stop
East Coast Highway
Primary Vehicular
Access
1
J
Optional Secondary Access
Deceleration and right -turn movements only
VEHICULAFZ CIRCULATION
FIR
BACK BAY LANDING
N.TS. NEWPORT BEACH, CALIFORNIA
7 -16 -2013
Primary circulation includes two fire truck turn
arounds. An Emergency Vehicle Access from
Bayside Village Mobile Home Park provides an
additional layer of safety.
Secondary Gate
Guarded Vehicular
Secondary marina access for marina parking
Access for Marina
and public storage is located directly off
Parking, Public
Bayside Drive.
Storage and Existing
Restrooms
An optional secondary access located
approximately 430 feet west of the Bayside
Drive intersection with East Coast Highway,
would add an exclusive right -turn lane along
westbound East Coast Highway. This
connection would allow for inbound right -turn
movements only. Outbound movements would
be prohibited.
VEHICULAFZ CIRCULATION
FIR
BACK BAY LANDING
N.TS. NEWPORT BEACH, CALIFORNIA
7 -16 -2013
Mobile Home
Guest Parking
Adjusted Property
Line
Existing Bayside Village Circulation
Fire Truck
Turn Around
Existing Gated
Marina Access
V J
Original -
Circulation
nergency
Vehicle
Access
Adjusted Property
Line
---------- - - - - -- i
1 Mobile Hom
Guest Parking
Circulation
— Gated
Pedestrian
Access
Proposed Bayside Village and Back Bay Landing Auto Circulation
Source: Fuscoe Engineering
REVISED VEHICULAR
CIRCULATION & PARKING
Existing Back_
Bay Landing Property
Entry Location
Gated —
Pedestrian
Access
Privacy Wall
0
'Revised Project
Entry Location
(Moved approximately 45 ft
north of existing entry)
M BACK BAY LANDING
N.TS. NEWPORT BEACH, CALIFORNIA
7 -16 -2013
EXHIBIT 8
REVISED VEHICULAR
CIRCULATION &
PARKING
4�
DESIGN GUIDELINES
aQ)
New & Improved Project Access
Q1
Revised vehicular circulation will provide a new
and improved access to the proposed project.
The primary entry is located on Bayside Drive
approximately 200 feet north of the East Coast
Highway intersection. The entry is proposed to be
relocated approximately 45 feet north of its exist-
ing location.
The reconfiguration will remove three (3) mobile
homes and relocate thirty one (31) mobile home
guest parking spaces and two trash bins to allow
for the expanded project entry.
New landscaping with decorative walls and
pedestrian gates will separate the mixed use
project from the mobile homes. The mobile home
vehicular circulation will be reconfigured and will
include thirteen (13) mobile home guest parking
,m
spaces. An additional eighteen (18) mobile home
guest parking spaces will be relocated in Planning
Area 4. There will be no net loss of guest parking
aQ'
to the mobile home community.
r
co
M BACK BAY LANDING
N.TS. NEWPORT BEACH, CALIFORNIA
7 -16 -2013
24"W —
Join Existing
24" Water Line
4 'I
Proposed *
Proposed Storm Drain
Storm Drain I /
is
v Existing3 p,, water
4 � Lin to
�ao�y b =moved
� v
i 1'f
�v v
7pro v
Proposed 30" posed 8" Water
Steel Water Line
Alt 2 Proposed 8" Sewer
Proposed 8" Water
ar
Proposed 8" Sewer
v Existing Sewer —
�� =v _ Pump Station
w
2aw� — -
� M —
V W
— v WxED
¢ —rM(2)
oin Existing
/ 30" Storm Drain
L-
Source: Fuscoe Engineering
F Join Existing. 12" Storm Drain i 30-W
Proposed
Storm Drain
3p "50 ii
,o • •�`S� �a� v k
�W 2aw
s vWv
n
\'a v — O Join Existing
V v v — _ =W 30" Water Line
_ � W
FM sv / f Proposed 30" W SS ss ss
v
1& Steel Water 'ri"
tlW - -i 1— _
55— W
Legend
v Proposed 8" Water
Y 30" Steel Water Line -Alt. 1
Y 30" Steel Water Line -Alt. 2
s Proposed Sewer
s Proposed Storm Drain
— — W — — Existing Water
— — u — — Existing Sewer
— — ro — — Existing Storm Drain
EXHIBIT 9
UTILITIES PLAN
Sewer
A new 8" sewer line is proposed to serve
the Back Bay Landing project. It will
connect into the existing 36" sewer line
within Bayside Drive north of the
proposed project. Based on the 2006
Strategic Plan Update for OCSD, capacity
exists within the existing 36" line to
accommodate the proposed project.
Water
The existing 30" water transmission line
traversing the project site will be
abandoned to minimize conflicts with the
proposed project and allow easy access
and maintenance to the proposed lines.
Two alternatives are currently proposed
to replace the capacity of the line and
continue to provide reliable water service
in case of an emergency to the western
region of Newport Beach.
Additionally, a new 8" water line will serve
the proposed project and tie into the
existing 12" water line in Bayside Drive.
The increased demand on the existing
line will be consistent with the proposed
sewer generation rates. Water capacity
is not anticipated to be an issue based
on the redundant water transmission
lines that surround the project site.
T BACK BAY LANDING
UTILITIES PLAN NEWPORT BEACH, CALIFORNIA
8 -30 -2013
by <`
Join Fxisting
12" Water Line
IIIM
Joio Existing
I� I
36" SeTr Line
Jbin Existing
30" Water Line
� � 4
3p "50 ii
,o • •�`S� �a� v k
�W 2aw
s vWv
n
\'a v — O Join Existing
V v v — _ =W 30" Water Line
_ � W
FM sv / f Proposed 30" W SS ss ss
v
1& Steel Water 'ri"
tlW - -i 1— _
55— W
Legend
v Proposed 8" Water
Y 30" Steel Water Line -Alt. 1
Y 30" Steel Water Line -Alt. 2
s Proposed Sewer
s Proposed Storm Drain
— — W — — Existing Water
— — u — — Existing Sewer
— — ro — — Existing Storm Drain
EXHIBIT 9
UTILITIES PLAN
Sewer
A new 8" sewer line is proposed to serve
the Back Bay Landing project. It will
connect into the existing 36" sewer line
within Bayside Drive north of the
proposed project. Based on the 2006
Strategic Plan Update for OCSD, capacity
exists within the existing 36" line to
accommodate the proposed project.
Water
The existing 30" water transmission line
traversing the project site will be
abandoned to minimize conflicts with the
proposed project and allow easy access
and maintenance to the proposed lines.
Two alternatives are currently proposed
to replace the capacity of the line and
continue to provide reliable water service
in case of an emergency to the western
region of Newport Beach.
Additionally, a new 8" water line will serve
the proposed project and tie into the
existing 12" water line in Bayside Drive.
The increased demand on the existing
line will be consistent with the proposed
sewer generation rates. Water capacity
is not anticipated to be an issue based
on the redundant water transmission
lines that surround the project site.
T BACK BAY LANDING
UTILITIES PLAN NEWPORT BEACH, CALIFORNIA
8 -30 -2013
t Pro P osed SD\ utle •� ,
-
..�"m;7
•.
Sub - Watershed Three
/
y
2.4 Acres
C
•
N
1
S
1
�
•
■ ' Boundary
• ' SD
I
12" Existing
Storm Drain
r�'
• % / �ershed Boundary
M`
Sub - Watershed Two
2.4 Acres
O
��
� ■■ =
Sub - Watershed One
0.94 Acres
1
■ 1' SD
■
■
•
- - ----- Sub-Watershed One A
■ - --
■ 0.12 Acres
—30" Existing
Existing '•• Storm Drain
• SD Outlet • i�-
• i
r_
Source: Fuscoe Engineering
DRAINAGE PLAN
L
i
,r\ r
r
/
/
i
EXHIBIT 10
DRAINAGE P LAN
The proposed drainage plan consists of
four sub - watersheds. Stormwater will be
collected at various locations throughout
the project site which will connect to either
the existing 12 -inch storm drain and /or the
existing 30 -inch storm drain and will
deposit into the bay south of the East
Coast Highway Bridge. Stormwater
collected in Sub - Watershed Two will drain
directly into the bay, north of the Coastal
Public View Tower.
LEGEND
■ ■ � Main Watershed Boundary
Sub - Watershed Boundary
— — --W Proposed Storm Drain
SD Existing 30" or 12" Storm Drain
SD Existing or Proposed Storm Drian
Outlet to Bay
T BACK BAY LANDING
12 -21 -2012
NEWPORT BEACH, CALIFORNIA
East Coast Highway and Bayside Drive
Coastal Public View Tower
Public Bayfront Promenade
Visitor - Serving Commercial
View from Bridge along East Coast Highway
ARCHITECTURAL THEME
EXHIBIT 11
ARCHITECTURAL THEME
DESIGN GUIDELINES
The development shall be designed with
a Coastal Mediterranean architectural
theme. The intent is not to select a
historically specific or rigid architectural
style for the project, but to use it as the
design guidelines to help shape the
character of the area and reflect its
setting within the City.
Back Bay Landing will be designed and
constructed to evoke the experience of a
seaside village, with compatible
architecture and community character to
existing waterfront portions of Newport's
Mariner's Mile, Lido and Newport
Peninsulas.
The design includes a coastal public view
tower that will serve as a central focal
point for the public waterfront plaza
adjacent to the bayfront and will reinforce
the seaside village community character.
C) BACK BAY LANDING
12 -21 -2012
NEWPORT BEACH, CALIFORNIA
Public Bayfront
Access
Coastal Public View Tower
& Vehicle Turn - Around
Fact enact
Source: Stoutenborough Inc., Architects & Planners
J
CONCEPTUAL SITE PLAN
Public Walkway
Connection
8 -30 -2013
EXHIBIT 12
CONCEPTUAL SITE &
LANDSCAPE PLAN
DESIGN GUIDELINES
Back Bay Landing is an integrated,
mixed -use waterfront village with visitor -
serving retail and marine service
commercial facilities, as well as a
limited amount of attached residential
uses.
It is designed to evoke a seaside village
and has a strong focus on the
pedestrian experience.
Note: Site and landscape plan
provided for conceptual purposes only
and is subject to change.
BACK BAY LANDING
NEWPORT BEACH, CALIFORNIA
8 Coastal Public View Tower
/ (Public & ADA Accessible)
Public View -- --
into site from _
Castaways / /J�
Park // a � /
•
O
Castaways
Park
East Coast Highway —
Bridge Over Newport Bay
O
View Corridor
View Corridor
O
View Corridor
at angled condition
1rt
Bridae
ECH SECTION /ELEVATION AND VIEW CORRIDOR
View Corridor
FO
2
O
View Corridor
East Coast Highway
Remodeled
Existing Sewer
Pump Station
EXHIBIT 13
EAST COAST HIGHWAY
VIEW CORRIDORS
DESIGN GUIDELINES
Varied roof heights and undulating build-
ings add variety to the street scene. Along
the East Coast Highway and Bayside
Drive, Five scenic view corridors are pre-
served (3,4,5,6,7). Two new view corridors
were created (1,2).
O
View Corridor
Source: Stoutenborough Inc., Architects & PlannersInc., Architects & Planners
EAST COAST HIGHWAY
VIEW CORRIDORS N.T.S.
8 -30 -2013
O
View Corridor
Bayside Drive
Existing Mobile Home
BACK BAY LANDING
NEWPORT BEACH, CALIFORNIA
Related Office
Source: Linscott, Law & Greenspan, Engineers
PARKING PLAN 12 -21 -2012
EXHIBIT 14
PARKING PLAN
DESIGN GUIDELINES
Back Bay Landing is a mixed -use water-
front development providing parking
above the City's requirements.
Legend
� Parking Areas
BACK BAY LANDING
NEWPORT BEACH, CALIFORNIA
�EwvoRr
m= NEWPORT BEACH
Harbor Commission Staff Report Agenda Item No. 2
November 13, 2013
TO: HARBOR COMMISSION
FROM: Public Works Department
Chris Miller, Harbor Resources Manager
949 - 644 -3043, cmiller @newportbeachca.gov
TITLE: Review of the Invictus Visit to Newport Harbor, and Consideration of
Future Requests for Other Visiting Vessels
ABSTRACT:
The Harbor Commission will review the recent Invictus visit to Newport Harbor. The
Commission may also advise the ad hoc committee to develop criteria for future visiting vessel
requests, if desired.
RECOMMENDATION:
The Harbor Commission is requested to:
1. Review and provide input on the recent Invictus visit; and
2. Discuss the possibility of future requests by other visiting vessels, and advise the ad hoc
committee to develop criteria for such requests, then return to the Commission for
further review.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Invictus is a 216' long, 44' wide vessel that requested to moor in Newport Harbor
intermittently during September and October 2013. The Harbor Commission considered this
request at their August meeting, and advised Harbor Resources to approve the request as a
trial. Harbor Resources therefore issued the permit (See Attachment A). Some observations
from the Invictus stay are summarized below:
1. Community Comments /Feedback:
a. Staff did not receive any negative comments from the public while the Invictus
was in Newport Harbor, except for an observation that the emblem light may
have been too bright. Staff did receive supporting comments from the public.
Review of the Invictus Visit to Newport Harbor, and Consideration of Future Requests
for Other Visiting Vessels
November 13, 2013
Page 2
b. Staff did not receive any comments from the local charter industry who also
operates large vessels at that end of the harbor.
2. Noise: The Invictus' generators were quiet, and barely audible outside of the vessel.
There were no loud parties onboard, and the vessel owners were respectful to the
community.
3. Mooring Buoy: Per the permit conditions, Invictus installed a stern mooring buoy then
used its bow anchor to secure the vessel in a two -point fashion. This configuration
prevented the vessel from swinging with the wind and tides, therefore making its position
as predictable as possible.
Harbor Resources, the Harbor Patrol, Harbor Commissioners Girling and Avery, and
staff from Shellmaker collectively decided the best location for the mooring buoy. At
least two other local vessel captains were also consulted during this process.
Consideration was given to the upcoming boat show, and as seen in Attachment B,
there was room for the Invictus and the boat show to safely coexist. (However, staff did
not permit the Invictus to stay in Newport during the boat show as a precautionary
measure during this trial basis.)
Shellmaker installed the rented, 10,000 lbs. weight and 58" circular buoy which was also
freshly painted and lit. If the buoy light or lines fell into disrepair when the vessel was
not in town, the Invictus captain had a plan to rectify any such problem.
The only complication concerning the buoy was that a non - related commercial entity
used the buoy during the day when the Invictus was not in the harbor. Harbor
Resources notified that commercial entity, and this problem was resolved.
Lastly, if the City were to continue to welcome larger visiting vessels, then a mooring
area should be officially designated on the nautical charts via the Coast Guard and the
NOAA.
4. Number of Days Permitted: When issuing the permit, staff permitted the Invictus to
stay 16 days, but the permit did not specify what constituted a day, therefore causing
some ambiguity when either the Invictus arrived late at night or left early in the morning.
If another permit is issued in the future, then these types of issues should be clarified.
The Invictus stayed 14 days total:
Friday (8/30) to Monday (9/2)
4 days
Saturday (9/7) to Sunday (9/8)
2 days
Saturday (9/14) to Sunday (9/15)
2 days
Saturday (9/20) to Sunday (9/21)
2 days
Thursday (10/3) to Monday (10/7)
4 days
(Left 06:45 Monday morning)
Review of the Invictus Visit to Newport Harbor, and Consideration of Future Requests
for Other Visiting Vessels
November 13, 2013
Page 3
5. Permit Fees: Because the City did not have a permit fee in place prior to this request,
the Invictus was charged the standard; prorated mooring rate for all off -shore moorings
which was $1,440.76. If the City continues to allow vessels to stay in Newport Harbor,
then an increased fee should be considered.
6. Communication: The Invictus captain did a good job of communicating with staff and
the Harbor Patrol as to their intentions during each of their weekend visits. The Invictus
schedule changed from week to week, so it was important that staff had the latest
information to avoid surprises.
7. Local Attraction: The Invictus did attract a lot of local attention when it was in Newport,
usually in the form of boats circling for better views. The Invictus crew reported some
vessels as coming too close, but that is normally expected as the vessel travels around
the world.
If the Harbor Commission desires to continue to welcome visiting vessels of this size, then staff
is recommending the Committee to return to the Commission with a proposed, defined program
which would be later considered by the City Council.
ENVIRONMENTAL REVIEW:
Staff recommends the Harbor Commission find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the Harbor Commission considers the item).
Submitted by:
e��/AN. IAV
Chris Miller
Attachments: A. Invictus Permit
B. Invictus Mooring Location in Newport Harbor
Attachment A
CITY OF NEWPORT BEACH
Public Works Department
Harbor Resources Division
Special Permit for Moorage in Newport Harbor
MV Invictus
August 29, 2013
On July 10, 2013, MV Invictus, a 216' long vessel, requested to moor in Newport Harbor for a defined
period of time during the months of September and October 2013. The Harbor Commission formed a
subcommittee to evaluate the feasibility of the proposal with input from Harbor Resource staff and Harbor
Patrol. On August 14, 2013, the Commission voted to recommend that the City's Harbor Resources
Manager approve the request with Conditions.
Per the recommendation of the Harbor Commission, and after careful consideration by the Harbor
Resources Manager, a permit is now issued to MV Invictus to moor in Newport Harbor with the following
Conditions:
1. MV Invictus shall moor near the west end of Lido Isle where the water is deepest. An exact
location will be decided after a field inspection on August 29, 2013,
2. MV Invictus may moor in Newport Harbor for a period of sixteen days, to be used any time
between August 30 to September 24, 2013 and October 1 to October 31, 2013. MV Invictus may
not moor in Newport Harbor between September 25 and September 30, 2013. It is understood
that MV Invictus preliminarily plans to moor in Newport Harbor on the following days: August 30
to September 2 (4 days), September 6 to 9 (4 days), September 13 to 17 (5 days), and October 4
to 6 (3 days). These anticipated days may change. If more than 16 days are desired, a special
request must be made to the Harbor Resources Manager.
3, MV Invictus may not moor at the same time that MV Marama will be moored in the Turning Basin
4. MV Invictus will be responsible for installing and paying for the mooring, chain, tackle and weights
through the services of a local mooring contractor. The Harbor Patrol must approve the exact
location of the mooring installation. The mooring buoy must have a light attached to it. The
mooring must be removed within one day of MV Invictus' last day in the harbor.
5. The mooring buoy must be maintained in proper condition at all times. If the mooring buoy falls
into disrepair, especially when the MV Invictus is not in Newport, the Harbor Patrol or Harbor
Resources will contact the captain of MV Invictus to schedule immediate repairs. If the captain is
unavailable, the Harbor Patrol or Harbor Resources will contact the mooring contractor to repair
the mooring buoy at the expense of MV Invictus.
6. MV Invictus will be moored in a two -point configuration using the mooring buoy for the stem tie,
and the vessel's anchor to secure the bow. This will prevent the vessel from swinging. The stem
must be facing the center of the channel.
Special Permit for Moorage in Newport Harbor
MV Invictus
7. MV Invictus will post a Notice to Mariners immediately following the mooring installation.
8. If at any time it is determined that the mooring needs to be adjusted, MV Invictus will immediately
pay to have the mooring re- adjusted.
9. The Lido Boat Show begins on September 25 and ends on September 30, 2013. Setup begins
approximately two weeks prior and takedown lasts approximately one week after the show. The
mooring placement and MV Invictus must not interfere with the boat show, and must provide
plenty of room in the Turning Basin.
10. MV Invictus shall pay the City's mooring fee as calculated below. Payment must be made to the
City's Cashier's Office on or before the same day the mooring is installed.
a. Annual City mooring permit fee: $38.73 per foot, per year
b. MV Invictus length: 216'
c. Monthly fee: $38.73 x 216'= $8,365.68 / 12 = $697.14 per month
d. September + October fee: $697.14 x 2 months = $1,394.28
e. Daily fee for August 30 -31: $697.14 / 30 days = $23.24 per day x 2 days = $46.48
f. Total fee to City: $1,394.28 + $46.48 = $1,440.76
11. Upon entering and exiting Newport Harbor, MV Invictus will hail the Harbor Patrol with their transit
detailslintentions. In addition, MV Invictus will notify the Harbor Resources Manager (Chris Miller,
949 - 644 -3043) or his designee, and the Harbor Patrol (Deputy Sean Scoles, Sergeant Dave
Ginther, 949- 723 -1002) at least two days prior to their arrival and departure for each block of
days.
12. MV Invictus will be solely responsible for its safe passage within Newport Harbor. MV Invictus
will determine whether there is sufficient depth for the vessel. A copy of the most recent Corps of
Engineer's depth survey (dated February 2013) Is attached to this permit.
13. MV Invictus shall maintain a crew on board at all times to respond to any issues that may arise.
14. This permit may be revoked at any time by the City.
15. No charter or commercial activity is permitted other than crew training/preparation for commercial
charter activity after MV Invictus departs U.S. waters, providing that all such training will occur in
the interior of the vessel while it is moored, and all such training will not create noise or other
adverse impacts in the harbor.
16. While in Newport Harbor, MV Invictus will be for family use only. The following are not permitted:
loud parties, live entertainment, exterior, loud amplified music or obtrusive lighting.
17. Minimal lighting will be used during the night except as required by Coast Guard regulations.
18. MV Invictus will abide by the City's noise rules as stated in the City's Municipal Code. Generator
noise must be kept a minimum at all times to be respectful to the community. Air horns, whistles,
bells and any other noise making equipment shall not be used, except as required by Coast
Guard regulations.
19. No outside paging system shall be utilized except in an emergency.
Special Permit for Moorage in Newport Harbor
MV Invictus
20. All trash and litter generated shall not be disposed in the City's public trash cans.
21, The Permittee shall, to the fullest extent permitted by law, indemnify, hold harmless and defend
(with counsel approved by the City, which approval shall not be unreasonably withheld) the City,
its elected officials, officers, employees, agents, attorneys, volunteers and representatives from
and against any and all claims, demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses of every kind and nature
whatsoever (individually, a "Claim" or collectively, "Claims "). which may arise from or in any
manner relate (directly or indirectly) to this permit including, but not limited to, the issuance of this
permit, the transfer of this permit, the entry into this permit, Permittee's occupancy or use, or
Permittee's guests, invitees, sublessees, or licensees occupancy or use, of the public trust lands,
or improvements including, but not limited to, any use involving petroleum based products,
hazardous materials, hazardous waste and /or other hazardous substances as defined by City,
County, State or Federal laws and regulations. The Permittee's obligations in this indemnity shall
not extend to the degree any Claim is proximately caused by the sole negligence or willful
misconduct of the City, subject to any immunities which may apply to the City with respect to such
Claims. This indemnification provision shall survive the termination of this permit and shall
survive for the entire time that any third party can make a Claim.
22. Per Newport Beach Municipal Code Section 17.60.040(B)(2): Each mooring permit shall be
issued to one natural person ( "mooring permittee ") who shall be responsible for all activities
related to the mooring permit. To the satisfaction of the Harbor Resources Manager, the mooring
permittee shall:
a. Identify on the permit the full legal name, current address, current telephone number and
current e-mail address, if one exists, of the mooring permittee;
b. Agree to be responsible for permit fees, maintenance and repair of mooring equipment;
c. Provide proof of liability insurance on vessel as determined by the City's Risk Manager;
and
d. Provide registration or other proof of controlling possessory right in the assigned vessel,
all to the satisfaction of the Harbor Resources Manager.
23. If Harbor Resources grants the MV40arama a special mooring permit to use the mooring installed
by MV Invictus during a period when the MV Invictus is not using the mooring, then MV Invictus
and MV Marama will enter into a mutually acceptable agreement with one another to address
responsibility for anything which may occur during the MV Marama's use of the mooring. Harbor
Resources may condition its issuance to MV Marama of a special mooring permit on such an
agreement being signed.
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Harbor Commission Staff Report Agenda Item No. 3
November 13, 2013
TO: HARBOR COMMISSION
FROM: Public Works Department
Chris Miller, Harbor Resources Manager
949 - 644 -3043, cmiller @newportbeachca.gov
TITLE: Virgin Oceanic Mooring for Cheyenne in Newport Harbor — Yearly Review
ABSTRACT:
The Harbor Commission will conduct an annual review of the temporary mooring permit for the
Virgin Oceanic vessel, Cheyenne.
RECOMMENDATION:
1. Receive and file; or
2. The Harbor Commission may reconsider the future of the Cheyenne's mooring in
Newport Harbor.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item
DISCUSSION:
In June 2012, the Harbor Commission approved the vessel Cheyenne to moor in Newport
Harbor, and to pay the standard offshore mooring rate starting from January 2012 onward. The
Commission also requested that the Cheyenne's mooring arrangement be reviewed
approximately every twelve months. The Commission last reviewed the Cheyenne in January
2013.
The Cheyenne is currently located near the "F" mooring field between the Balboa peninsula and
Lido Isle, and adjacent to the Newport Harbor Yacht Club mooring field. (See Attachment A.) In
the past eleven months, Harbor Resources has received one view - related complaint on its
location after the vessel was relocated to the F field following the Lower Bay dredging project.
ENVIRONMENTAL REVIEW:
Staff recommends the Harbor Commission find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
Virgin Oceanic Mooring for Cheyenne in Newport Harbor — Yearly Review
November 13, 2013
Page 2
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the Harbor Commission considers the item).
Submitted by:
Chris Miller
Attachment: A. Vicinity map
B. Cheyenne pictures
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OP Newport 0 1,003 2,005 provided, however, The City of Newport Beach and its employees and
Beach agents disclaim any and all responsibility from or relating to any results
Feet obtained in its use.
GAS Imagery: 2009 -2011 photos provided by Eagle Imaging www.eagleaerial.com
10/31/2013
Virgin Oceanic Mooring for Cheyenne in Newport Harbor — Yearly Review
November 13, 2013
Page 3
Cheyenne Pictures
Virgin Oceanic Mooring for Cheyenne in Newport Harbor — Yearly Review
November 13, 2013
Page 4
�EW�oR> CITY OF
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C9C /Fp0.N`P Harbor Commission Staff Report Agenda Item No. 4
November 13, 2013
TO: HARBOR COMMISSION
FROM: Public Works Department
Chris Miller, Harbor Resources Manager
949 - 644 -3043, cmiller @newportbeachca.gov
TITLE: Harbor Commission Meetings — Proposed Time and Frequency Change
ABSTRACT:
The Harbor Commission will provide input to staff on a proposal to change the times and
frequency of the Harbor Commission meetings.
RECOMMENDATION:
1. The Harbor Commission is requested to advise the Harbor Resources Manager to seek
City Council approval to change the meeting time and frequency of the Commission
meetings.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Since 2002, the Harbor Commission meetings have been held on the second Wednesday of
every month at 6:00 PM. Coincidentally, the community group, Speak Up Newport ( "SUN "),
also meets on the second Wednesday of every month from 5:30 to 7:00 pm at the Civic Center.
It has been noted that several Harbor Commissioners would enjoy attending the SUN meetings
while some of the SUN members /attendees might also enjoy attending the Harbor Commission
meetings. If the Harbor Commission meeting time was changed to 7:00 PM, then the Harbor
Commissioners, SUN members and the public could attend both meetings if desired. Aside
from attending SUN meetings, a later Harbor Commission start time would also allow the
Commissioners more time to drive to the Civic Center after work.
In addition, throughout the year there are some Commission meeting agendas which either do
not have action items or the action items are not particularly urgent in nature. Staff is
recommending that the Harbor Commission meet bi- monthly to gain greater efficiency for both
the Commissioners and staff. If, however, a topic arose that warranted an additional meeting
between the regularly bi- monthly meetings, then an additional Harbor Commission meeting
could be scheduled.
Harbor Commission Meetings — Proposed Time and
Frequency Change
November 13, 2013
Page 2
Staff believes that these changes of meeting time and frequency will increase efficiency for
everyone involved with the Harbor Commission meetings. The Harbor Commission is requested
to advise staff on the proposed changes which would then be considered and memorialized by
the City Council at a later date if desired.
ENVIRONMENTAL REVIEW:
Staff recommends the Harbor Commission find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the Harbor Commission considers the item).
Submitted by:
�hJ✓Iy k4/
ris Miller