HomeMy WebLinkAbout2021-92 - Approving Major Site Development Review No. SD2020-001 for the Residences at Newport Center and Rescinding Use Permit No. UP1461 For a Car Wash Located at 150 Newport Center Drive (PA2020-020)RESOLUTION NO. 2021-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
MAJOR SITE DEVELOPMENT REVIEW NO. SD2020-001
FOR THE RESIDENCES AT NEWPORT CENTER AND
RESCINDING USE PERMIT NO. UP1461 FOR A CAR
WASH LOCATED AT 150 NEWPORT CENTER DRIVE
(PA2020-020)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, an application was filed by Newport Center Anacapa Associates, LLC,
("Applicant"), with respect to property located at 150 Newport Center Drive and legally
described in Exhibit 'A," which is attached hereto and incorporated herein by reference
("Property");
WHEREAS, the Project includes the demolition of an existing 2,085 -square -foot car
wash, convenience market, and gas station and the construction of a four-story structure
consisting of 28 condominium units and common space amenity areas over a two-level
below -grade parking garage ("Project") which require the following approvals from the City:
• General Plan Amendment No. GP2020-001 —to change the Property's land use
designation from Regional Commercial Office (CO -R) to Multiple Residential
(RM) and create a new Anomaly Location for the Property that authorizes a
maximum development density of 28 dwelling units;
• Zoning Code Amendment No. CA2020-008 — to change the Property's zoning
designation from Office Regional (OR) to Planned Community (PC) District;
• Planned Community Development Plan No. PC2020-001 - to establish land
uses and development standards for the Property including a waiver of the
minimum site area;
• Major Site Development Review No. SD2020-001 —to allow for the development
of a four-story structure containing 28 luxury condominium units and common
space areas over a two-level below -grade parking garage;
Resolution No. 2021-92
Page 2 of 10
• Tentative Tract Map No. NT2020-001 — to establish a 28 -unit residential
condominium subdivision map on the 1.26 -acre Property that would allow each
unit to be sold individually;
• Development Agreement No. DA2020-001 — to provide the Applicant with the
vested right to develop the Project subject to the rules and regulations in effect at
the time of Project approval and to provide the City with assurance that certain
obligations of the Applicant will be met, including public benefit fees;
• Environmental Impact Report No. ER2021-002 - to disclose reasonably
foreseeable environmental impacts resulting from the legislative and project
specific discretionary approvals, the City has determined that an Initial Study and
Environmental Impact Report ("EIR") are warranted for the Project pursuant to
California Public Resources Code Section 23000 et seq. ("CEQA"), Title 14,
Division 6, Chapter 3 of the California Code of Regulations ("CEQA Guidelines"),
and City Council Policy K-3; and
• Rescind Use Permit No. UP1461 — rescind use permit since the Project will
replace the operation of the existing car wash;
WHEREAS, the Property is designated Regional Commercial Office (CO -R) by the
City of Newport Beach General Plan ("General Plan") Land Use Element and is located
within the Office Regional (OR) Zoning District;
WHEREAS, the Property is not located within the coastal zone;
WHEREAS, a study session was held on May 6, 2021, in the Council Chambers
located at 100 Civic Center Drive, Newport Beach to introduce the project to the Planning
Commission and discuss the procedures for environmental review;
WHEREAS, the Planning Commission held a public hearing on August 19, 2021
in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the hearing was given in accordance with California Government
Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 15.45 (Development
Agreements), 19.12 (Tentative Map Review), 20.56 (Planned Community District
Procedures) and 20.62 (Public Hearings) of the Newport Beach Municipal Code
("NBMC"). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing;
Resolution No. 2021-92
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WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2021-024 by a unanimous vote (7 ayes, 0 nays) recommending the City Council
approve the Project; and
WHEREAS, the City Council held a public hearing on September 28, 2021, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the hearing was given in accordance with the Ralph M. Brown Act
and Chapters 15.45 (Development Agreements), 19.12 (Tentative Map Review), 20.56
(Planned Community District Procedures) and 20.62 (Public Hearings) of the Newport
Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and
considered by, the City Council at this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council does hereby approve Major Site Development
Review No. SD2020-001.
In accordance with Section 20.52.080(F) (Site Development Review) of the NBMC,
approval of Major Site Development Review No. SD2020-001 is supported by findings
and facts set forth below.
Finding:
A. Allowed within the subject Zoning district,-
Fact
istrict,
Fact in Support of Finding:
1. Major Site Development Review No. SD2020-001, for a 28 -unit condominium
project, is consistent with the proposed Planned Community Development Plan
(adopted by Resolution 2021-92) that allows 28 residential units.
Resolution No. 2021-92
Page 4 of 10
Finding:
B. In compliance with all of the applicable criteria in [NBMC Subsection
20.52.080(C) (2) (c)].-
i.
c)]:
i. Compliance with this Section, the General Plan, this Zoning Code, any
applicable specific plan, and other applicable criteria and policies related to
the use or structure;
Ji. The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent
development; and whether the relationship is based on standards of good
design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of
structures on the site and adjacent developments and public areas;
iv. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces;
V. The adequacy and efficiency of landscaping and open space areas and the
use of water efficient plant and irrigation materials; and
vi. The protection of significant views from public right(s)-of-way and
compliance with [NBMC] Section 20.30. 100 (Public View Protections); and
Facts in Support of Finding:
1. Upon approval of the General Plan Amendment No. GP2020-001 and Zoning
Code Amendment No. CA2020-008, the Project will be consistent with the General
Plan and Zoning designations. Therefore, approval of Site Development Review
No. SD2020-001 is contingent upon approval of the aforementioned amendments.
2. The building's material palate consists of neutral stone and glass building fagade
compatible with the surrounding development in Newport Center. The design will
complement, enhance, and be compatible with the adjacent retail and office
properties. The exterior will be comprised predominantly of stone base, stone
cladding, metal finishes and glass. Massing offsets, variations of roof line, varied
textures, recesses, articulation, and design accents on the elevation are integrated
to enhance the expression of a contemporary architectural style.
3. The 28 -dwelling -unit Project has been designed as a four-story building structure
with two enclaves that provide for effective private open space, light, and air for
each unit. The Project is integrated as a unified development through the use of
Resolution No. 2021-92
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similar architectural style and design elements, on-site parking, and adequate
vehicular and pedestrian circulation with adjacent properties.
4. The proposed setbacks along each street frontage are appropriate to support
pedestrian connectivity within Newport Center and reduce the appearance of bulk.
All entry level residential units are oriented toward adjacent streets to maximize
the pedestrian relationship of the development to the surrounding Newport Center
area. The street setbacks are consistent with surrounding zoning districts and
afford a greater interface with the adjacent rights-of-way to ensure compatibility
with the pedestrian environment.
5. The proposed patios along Newport Center Drive have been set back from the
property line and create visual interest and modulation of form for pedestrians and
motorists along Anacapa Drive. The patio walls include solid and glass elements
to reduce the appearance of bulk, and the series of small retaining planter walls
create a gradation of height from the sidewalk up to the residential units. Private
terraces are provided on the upper floors, in varying locations to create visual
interest and provide additional building articulation through the use of functional
outdoor areas.
6. The height, bulk, and scale of the residential building are comparable to height
limits on surrounding properties and existing building heights in the southern half
of Newport Center. The building is designed to provide variation and modulation
between the two main buildings for visual interest and relief. The front fagades
include both vertical and horizontal off -sets and utilize a variation of building
materials to provide enhanced visual relief. The massing of the Project is broken
up into two distinct mid -rise structures, breaking up building massing.
7. Mechanical equipment for the residential units has been located within the parking
garage as well as enclosures at the roof level to reduce noise impacts and
minimize aesthetic impacts. The rooftop equipment, stairways, and elevator
overrun are located in the center of the roof to reduce the appearance of bulk and
height.
8. The Project has been designed to avoid conflicts among uses, such as noise,
vibration, lighting, odors, and similar impacts. The podium wall provides a buffer
between the proposed residential units and the adjacent commercial development
to the south and west of the Property and is designed to maintain privacy and
protection for the residential tenants.
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9. Walkways and egress are sufficient throughout the Property as reviewed by the
Building Division and the City Traffic Engineer. Existing pedestrian easements will
be maintained at an appropriate width along the southern property line and along
Anacapa Drive to ensure adequate access across the site.
10. Pursuant to Title 20 (Planning and Zoning) of the NBMC, the Project provides the
required 56 parking spaces for the residences, 14 residential guest or employee
parking spaces, and 12 surplus spaces. All of the parking is provided on-site within
the assigned/private residential two -car garages and open guest parking stalls.
11. On-site circulation, project access, and parking areas are designed to provide
standard -sized parking spaces, minimum 26 -foot -wide (two-way) driveways, and
the minimum vehicle turning radius to provide adequate access for residents and
guests (including accessible parking stalls), emergency vehicles, delivery trucks,
and refuse collections vehicles, as determined by the City Traffic Engineer.
12. The Project does not change any street parking configurations, as there is no street
parking provided on Anacapa Drive or Newport Center Drive adjacent to the
Property. The recently constructed bike lane on Anacapa Drive would not be
impacted as part of the Project. The site design provides two new curb cuts with
guest ingress and egress access from Anacapa Drive. The Project utilizes an
existing driveway at the south of the Property for primary resident access. The
Project provides adequate sight distance at each driveway, as determined by the
City Traffic Engineer.
13. Substantial landscaping is provided throughout the site in areas that are not utilized
by the residential units or areas for parking circulation. All setback areas are
landscaped. A variation of ornamental groundcover, vines, shrubs, and trees are
utilized to help soften and buffer the massing of the condominium units and podium
at ground level. In particular, landscaping buffers have been provided along the
western property line to screen the pool area for the residents and soften the
appearance of the podium wall from the Gateway Plaza parking lot.
14. New street trees are proposed along Anacapa Drive and will be subject to the
review of the Municipal Operations Division.
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15. The Project is subject to the City's Water -Efficient Landscape requirements set
forth in NBMC Chapter 14.17 and compliance will be confirmed at plan check prior
to the issuance of building permits.
16. The Project provides a series of common outdoor living areas that include a private
dog run, entry court, and pool area. The units include terraces and patios for private
outdoor space.
17. In the viewshed of the Pacific Ocean as seen from Civic Center Park, the Property
is partially visible. However, the Project is mostly blocked from view by intervening
structures. The Project would appear lower in profile than the horizon ocean view.
As analyzed in the Draft EIR, implementation of the Project would have a less than
significant impact on scenic ocean views.
18. The Project is not visible from the General Plan designated Coastal View Roads
including MacArthur Boulevard or Avocado Avenue, where the public is afforded
views of the Pacific Ocean. Additionally, the Project would not be visible from the
segment of Newport Center Drive that is designated a Coastal View Road, as
views are towards the ocean in the opposite direction of the Property.
Finding:
C. The proposed development is not 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.
Facts in Support of Finding:
1. The Project has been designed to ensure that potential conflicts with surrounding
land uses are minimized to the extent possible to maintain a healthy environment
for both businesses and residents by providing an architecturally pleasing project
with articulation and building modulations to enhance the urban environment
consistent with development in Newport Center.
2. Emergency vehicles would stage along Anacapa Drive. The staging area will be
marked for exclusive use by the Fire Department.
Resolution No. 2021-92
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3. The proposed building has been designed to accommodate and provide access
for delivery trucks, moving trucks, and refuse collections vehicles, as determined
by the City Traffic Engineer. Delivery trucks will primarily utilize the guest entry off
of Anacapa Drive, while refuse collections vehicles will load trash via a scout truck
along the south driveway. The trash collectors may also roll out the trash
containers in lieu of a scout truck. Larger deliveries or moving vans may utilize the
on-site loading area near the parking garage entry. The Project includes the
provision of freight elevators to ensure that residents can safely move in and staff
can adequately service the building.
4. The size, design, location, and screening of the refuse enclosures will comply with
the requirements of NBMC Section 20.30.120 (Solid Waste & Recyclable Materials
Storage), ensuring compatibility with the on-site and adjacent uses.
5. The Project is forecasted to generate a maximum of 152 average daily trips, using
the Multifamily Housing (Mid -Rise) (3-10 floors) ITE land use (ITE 221). The
existing use generates 819 average daily trips and the proposed development
results in a reduction of average daily traffic trips pursuant to Chapter 15.40 (Traffic
Phasing Ordinance) of the NBMC ("TPO") methodology. Therefore, a traffic study
pursuant to the TPO is not required.
6. The Project is subject to the City's Outdoor Lighting requirements contained within
NBMC Section 20.30.070. A preliminary photometric plan has been provided and
a final photometric plan will be required as a condition of approval prior to building
permit issuance.
7. Mechanical equipment for each unit is fully enclosed within the parking garage or
within the roof -top equipment screen and is not visible from the public right-of-way.
8. The new construction would comply with all Building, Public Works, Fire Codes,
City ordinances, and all conditions of approval.
Section 3: The City Council of the City of Newport Beach hereby rescinds Use
Permit No. 1461, which upon vesting the rights authorized by this approval, shall become
null and void. In accordance with NBMC Section 20.68.050 (Review Authority's Action),
the following finding and fact in support of the revocation are set forth:
Resolution No. 2021-92
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Finding:
A. The permit or approval was issued in error or circumstances under which the
permit or approval was granted have been modified to an extent that one or more
of the findings that justified the original approval can no longer be made and the
public health, safety, and welfare require the revocation or modifications.
Fact in Support of Finding:
Approval of the Project would create a change in circumstances (General Plan
amendment to RM) under which the Property will no longer be improved with the
infrastructure to accommodate a car wash use as authorized under Use Permit No.
UP1461.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: The Residences at Newport Center Final Environmental Impact
Report (SCH No. 2020110087) was prepared for the project in compliance with CEQA,
the State CEQA Guidelines, and City Council Policy K-3. By Resolution No. 2021-90, the
City Council, having final approval authority over the project, adopted and certified as
complete and adequate the Residences at Newport Center Final Environmental Impact
Report (SCH No. 2020110087) and adopted "Mitigation Monitoring and Reporting
Program." Resolution No. 2021-90, including all findings contained therein, is hereby
incorporated by reference
Resolution No. 2021-92
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Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 28th day of September, 2021.
ATTEST:
Leilani I. Brown
= \
City Clerk
�•� �' �1�II�a11gRY� A
APPROVED AS TO FORM:
CITY AT ORNEY'S OFFICE
Aaron t. Harp
City Attorney
Attachment(s): Exhibit A — Legal Description
Exhibit B — Conditions of Approval
Exhibit "A"
Legal Description
The property is legally described as Parcel 1 of Parcel Map No. 29-34 (Resubdivision No.
282) being a portion of Block 93 of Irvine's subdivision as per map recorded in Book 1,
Page 88 of Miscellaneous Record Maps, records of Orange County, California.
Exhibit "B"
CONDITIONS OF APPROVAL
(Project Specific Conditions in Italics)
The development shall be in substantial conformance with the approved site plan,
floor plans and building elevations stamped and dated with the date of this approval
(except as modified by applicable conditions of approval).
2. Prior to mobilization, Snyder Langston shall prepare and submit a site-specific
safety plan to the Construction Superintendent and the Building Official.
3. Prior to issuance of final building permits the Applicant shall record a deed
notification with the County Recorder's Office, approved as to form by the Office
of the City Attomey, consistent with NBMC Section 20.48.130. 1 (Deed Notification).
The Deed Notification shall state that residential units are located in a mixed-use
project or in a mixed-use zoning district and that an owner may be subject to
impacts, including inconvenience and discomfort, from lawful activities occurring
on the project or zoning district (e.g. noise, late night hours, live entertainment,
lighting, odors, high pedestrian activity levels, etc.). The Deed Notfication shall
also state that the project is located across the street from businesses currently
operating as Muldoon's Irish Pub located at 202 Newport Center Drive, Red -O
Restaurant located at 943 Newport Center Drive, and Fig and Olive located at 151
Newport Center Drive, which feature open-air courtyards, live music, DJs, bands,
food service, special events, and guests using adjacent parking lots.
4. The deed notification language contained in Condition of Approval No. 3 shall be
copied into the CC$R's for the project.
5. Prior to building permit final, the Applicant shall prepare a written disclosure
statement. The written disclosure statement shall be provided to owners and
tenants prior to sale, lease, or rental of a residential unit in the proposed mixed-
use development consistent with Section 20.48.130.14 (Notification to Owners and
Tenants) of the Municipal Code.
6. Prior to the issuance of building permits, fair share traffic fees (per City Ordinance
No. 94-19) shall be paid for the 28 dwelling units.
7. Prior to the issuance of building permits any Newport Mesa Unified School district
fees shall be paid for the project.
8. Prior to the issuance of building permits for any off-site improvements, property
owner authorization shall be required.
9. Prior to the issuance of building permits San Joaquin Hills Transportation Corridor
Agency Fees shall be paid for the 28 dwelling units.
10. Prior to the issuance of any building permits including demolition the mitigation
measures identified in the MMRP (Resolution No. 2021 �_i shall be transcribed
onto the plans and implemented in accordance with the MMRP.
11. Disturbance to or removal of potential bird nesting habitat shall be prohibited during
the migratory bird nesting season (February 1 through August 31) unless a
migratory bird nesting survey is completed. If demolition and/or vegetation removal
is planned to occur during the migratory bird nesting season (February 1 through
August 31), then a migratory bird nesting survey shall be completed in accordance
with the following requirements:
a. Within three (3) days prior to initiating demolition, tree removals and/or
vegetation clearing, a nesting bird survey shall be conducted by a qualified
biologist within the suitable habitat to be removed and within a 250 -foot
radius.
b. If the survey reveals no active nesting, the proposed action may proceed.
c. If the survey identifies the presence of active sensitive bird nests, then the
nests shall not be disturbed unless the qualified biologist verifies through
non-invasive methods that either (i) the adult birds have not begun egg -
laying and incubation, or (ii) the juveniles from the occupied nests are
capable of independent survival.
d. if the biologist is not able to verify any of the conditions from sub -item "b,"
above, then no disturbance shall occur within a buffer zone specified by the
qualified biologist for each nest or nesting site. The buffer zone shall be
species -appropriate (no less than 100 -foot radius around the nest for non -
raptors and no more than a 500 -foot radius around the nest for raptors, or
as otherwise determined by the qualified biologist) and shall be sufficient to
protect the nest from direct and indirect impacts from construction activities.
The nests and buffer zones shall be field checked approximately weekly by
a qualified biological monitor. The approved buffer zone shall be marked in
the field with construction fencing, within which no vegetation clearing or
ground disturbance shall commence until the qualified biologist with City
concurrence verify that the nests are no longer occupied and/or juvenile
birds can survive independently from the nests.
12. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
2
13. The applicant shall comply with all federal, state, and local laws. Material violation
of any of those laws in connection with the use may be cause for revocation of this
approval.
14. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport
Beach Municipal Code.
15. Prior to the issuance of building permits the applicant shall submit a landscape
and irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought tolerant plantings and water efficient irrigation practices, and
the plans shall be approved by the Planning Division.
16. All landscape materials and irrigation systems shall be maintained in accordance
with the approved landscape plan. All landscaped areas shall be maintained in a
healthy and growing condition and shall receive regular pruning, fertilizing, mowing
and trimming. All landscaped areas shall be kept free of weeds and debris. All
irrigation systems shall be kept operable, including adjustments, replacements,
repairs, and cleaning as part of regular maintenance.
17. The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if
in the opinion of the Director of Community Development, the illumination creates
an unacceptable negative impact on surrounding land uses or environmental
resources. The Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
18. Prior to the issuance of building permits the applicant shall prepare a final
photometric study in conjunction with a final lighting plan for approval by the
Planning Division. The survey shall show that lighting values are "1" or less at all
property lines.
19. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the
Planning Division.
20. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 and other applicable noise control requirements of the Newport
Beach Municipal Code. The maximum noise shall be limited to no more than
depicted below for the specified time periods unless the ambient noise level is
higher:
3
Between the hours of 7:OOAM
and 10:00PM
Between the hours of
10:OOPM and 7:OOAM
Location
Interior Exterior
Interior
Exterior
Residential Property
45dBA 55dBA
40dBA
50dBA
Residential Property located within
45dBA 60dBA
45dBA
50dBA
3
100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60d BA
21. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
22. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise -generating construction activities
that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday
through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating
construction activities are not allowed on Sundays or Holidays.
23. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self -latching gate) or otherwise screened from view
of neighboring properties, except when placed for pick-up by refuse collection
agencies.
24. Trash receptacles for patrons shall be conveniently located both inside and outside
of the establishment, however, not located on or within any public property or right-
of-way.
25. The applicant shall ensure that the trash dumpsters and/or receptacles are
maintained to control odors. This may include the provision of either fully self-
contained dumpsters or periodic steam cleaning of the dumpsters, if deemed
necessary by the Planning Division. Cleaning and maintenance of trash dumpsters
shall be done in compliance with the provisions of Title 14, including all future
amendments (including Water Quality related requirements).
26. Deliveries and refuse collection for the facility shall be prohibited between the
hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the
hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless
otherwise approved by the Director of Community Development, and may require
an amendment to this Use Permit.
27. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
28. A Special Events Permit is required for any event or promotional activity outside
the normal operational characteristics of the approved use, as conditioned, or that
would attract large crowds, involve the sale of alcoholic beverages, include any
form of on-site media broadcast, or any other activities as specified in the Newport
Beach Municipal Code to require such permits.
29. This approval shall expire and become void unless exercised within 24 months from
the actual date of review authority approval, except as determined by the
4
Development Agreement or where an extension of time is approved in compliance
with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal
Code.
30. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of the
Residences at Newport Center including, but not limited to, Environmental Impact
Report No. ER2021-002, General Plan Amendment No. GP2020-001, Zoning Code
Amendment No. CA2020-008, Planned Community Development Plan No. PC2020-
001, Major Site Development Review No. SD2020-001, Tentative Tract Map No.
NT2020-001 and rescission of Use Permit No. UP1461 (PA2020-020). This
indemnification shall include, but not be limited to, damages awarded against the
City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection
with such claim, action, causes of action, suit or proceeding whether incurred by
applicant, City, andlorthe parties initiating or bringing such proceeding. The applicant
shall indemnify the City for all of City's costs, attorneys' fees, and damages which
City incurs in enforcing the indemnification provisions set forth in this condition. The
applicant shall pay to the City upon demand any amount owed to the City pursuant
to the indemnification requirements prescribed in this condition.
Fire Department
31. Fire Department access shall be maintained on Anacapa Drive and marked
exclusively for fire department use.
32. As per California Fire Code Section 507.5.1, a fire hydrant will be required within
400 feet of all portions of every structure. In addition, the number of fire hydrants
will also be determined by the required fire flow for each structure.
33. A fire flow is required and shall be determined per Newport Beach Fire Guideline
B.01 (CFC Section 507.5.1 & CFC Section 507.3).
34. The elevator car shall be of such a size and arrangement to accommodate a 24 -
inch by 84 -inch ambulance gumey or stretcher with not less than 5 -inch radius
comers in the horizontal open position, shall be provided with a minimum clear
distance between walls or between walls and door excluding return panels not less
than 80 inches by 54 inches and a minimum distance from wall to return panel not
less than 51 inches with a 42 -inch slide door. California Building Code (CBC)
Section 3002.4.3a.
35. A remote fill for the diesel generator (to refuel the generator) will be required. Per
CFC Section 5704.2.7.5.2, filling, emptying and vapor recovery connection to tanks
containing Class 1, Il or I11A liquids shall be located outside of buildings in
accordance with Section 5704.2.7.5.6 at a location free from sources of ignition
and not less than 5 feet away from building openings or lot line of property that can
be built upon. Such openings shall be properly identified and provided with a liquid -
tight cap that shall be closed when not in use. Filling and emptying connections to
indoor tanks containing Class IIIB liquids and connected to fuel -burning equipment
shall be located at a finished ground level location outside of buildings. Such
openings shall be provided with a liquid -tight cap that shall be closed when not in
use. A sign, in accordance with Section 5003.6 that displays the following warning,
shall be permanently attached at the filling location: TRANSFERRING FUEL
OTHER THAN CLASS II1B COMBUSTIBLE LIQUID TO THIS TANK
CONNECTION 1S A VIOLATION OF THE FIRE CODE AND IS STRICTLY
PROHIBITED
Building Division
36. Prior to plan check submittal for building permit purposes, the applicant shall submit
plans to the Building Division for a preliminary code review.
37. The applicant is required to obtain all applicable permits from the City's Building
Division and Fire Department. The construction plans must comply with the most
recent, City -adopted version of the California Building Code. The construction plans
must meet all applicable State Disabilities Access requirements.
38. The applicant shall employ the following best available control measures
("BACMs") to reduce construction -related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging
areas.
• Sweep or wash any site access points within two hours of any visible dirt
deposits on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
0
• Require 90 -day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
Off -Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non -peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any
day to ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in
the top six-inch surface layer, subject to review/discretion of the
geotechnical engineer.
39. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality
Control Board for approval and made part of the construction program. The project
applicant will provide the City with a copy of the NOI and their application check as
proof of filing with the State Water Quality Control Board. This plan will detail
measures and practices that will be in effect during construction to minimize the
project's impact on water quality.
40. Prior to the issuance of a grading permit, the applicant shall prepare and submit a
Water Quality Management Plan (WQMP) for the proposed project, subject to the
approval of the Building Division and Code and Water Quality Enforcement
Division. The WQMP shall provide appropriate Best Management Practices
(BMPs) to ensure that no violations of water quality standards or waste discharge
requirements occur.
41. A list of "good housekeeping" practices will be incorporated into the long-term post -
construction operation of the site to minimize the likelihood that pollutants will be
7
used, stored or spilled on the site that could impair water quality. These may
include frequent parking area vacuum truck sweeping, removal of wastes or spills,
limited use of harmful fertilizers or pesticides, and the diversion of storm water
away from potential sources of pollution (e.g., trash receptacles and parking
structures). The Stage 2 WQMP shall list and describe all structural and non-
structural BMPs. In addition, the WQMP must also identify the entity responsible
for the long-term inspection, maintenance, and funding for all structural (and if
applicable Treatment Control) BMPs.
Utilities
44. Prior to the issuance of building permits, a final utilities plan shall be submitted and
approved by the Utilities Department.
E
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2021-92 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 28th day of September, 2021; and the same was so passed and adopted by
the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 29th day of September, 2021.
WAV:,d.mm,
Leilani I. Brown
City Clerk
Newport Beach, California