HomeMy WebLinkAbout2021-20 - Approving Zoning Code Amendment No. CA2020-008 and Planned Community Development Plan No. PC2020-001 Establishing the Residences at Newport Center Located at 150 Newport Center Drive (PA2020-020)ORDINANCE NO. 2021-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING ZONING
CODE AMENDMENT NO. CA2020-008 AND PLANNED
COMMUNITY DEVELOPMENT PLAN NO. PC2020-001
ESTABLISHING THE RESIDENCES AT NEWPORT
CENTER 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;
Ordinance No. 2021-20
Page 2 of 6
• 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;
Ordinance No. 2021-20
Page 3 of 6
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 public 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 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 ordains 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: Zoning Code Amendment No. CA2020-008 is hereby approved to
rezone the Property from OR (Office Regional) to PC -61 (Residences at Newport
Center Planned Community), as depicted in Exhibit "B," which is attached hereto and
incorporated herein by reference.
Section 3: Planned Community Development Plan is hereby approved, as
depicted in Exhibit "C," which is attached hereto and incorporated herein by reference,
thereby establishing the permitted uses, development standards, and design guidelines
for the Property. Additionally, the City Council hereby waives the minimum acreage
requirement for the establishment of a PC District as authorized in Section 20.25.020
(Area Requirements) of the NBMC.
Section 4: Amendments to Title 20 (Planning and Zoning) of the NBMC are
legislative acts. Neither Chapters 20.66 (Amendments) and 20.56 (Planned Community
Development District Procedures) of Title 20 (Planning and Zoning) of the Newport
Beach Municipal Code, the Charter of the City of Newport Beach, nor Article 2
(Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and
Zoning) of Title 7 (Planning and Land Use) of the California Government Code set forth
any required findings for either approval or denial of amendments to the NBMC.
Nevertheless, rezoning the Property to PC -61 Residences at Newport Center is
Ordinance No. 2021-20
Page 4 of 6
consistent with the purpose of Planned Community Districts as specified in NBMC
Section 20.56. 010 for the reasons set forth below.
Facts in Support of Finding:
1. PC -61 (Residences at Newport Center Planned Community) District meets the
intent and purpose for a PC as specified in NBMC Section 20.56.010 (Purpose)
given its location in the Newport Center area which includes a mixture of
shopping, hotels, commercial support uses, professional offices, and residential
developments that cumulatively contain the ingredients of a planned community.
PC -61 (Residences at Newport Center Planned Community) District PC District
adds to this diversity assisting the City in larger scale community planning.
2. PC -61 (Residences at Newport Center Planned Community) District would
establish appropriate site and project specific setbacks, density, and height limits
to the Property given its urban location. All required parking is provided on-site.
The Property is fully developed and does not support any natural resources and
all potential environmental impacts associated with the project are appropriately
addressed through standard building permit procedures, conditions of approval,
and the mitigation measures identified in the Environmental Impact Report and
contained in the Mitigation Monitoring and Reporting Program.
3. The size, density and character of the proposed dwelling units complement the
existing land uses in the project area and include design elements consistent
with Land Use Element Policy 5.1.9 (Character and Quality of Multi -Family
Residential) that require multi -family dwellings to be designed to convey a high-
quality architectural character. Consistent with General Plan Policy LU 6.2.1
(Residential Supply), the provision of 28 dwelling units on the Property would
accommodate Newport Beach population needs identified in the General Plan
Housing Element and accommodate market demand for residential uses.
4. The Property is located in an area of the City that has sufficient utilities systems
to serve the Project.
5. A waiver of the 10 -acre minimum of developed site area is requested as part of
the establishment of the PC Zoning District. The Newport Center area is an
urban, developed region of the City that cumulatively includes all of the
necessary ingredients of a Planned Community.
Ordinance No. 2021-20
Page 5 of 6
6. The future development of the Property affected by the proposed amendment will
be consistent with the goals and policies of the Land Use Element of the General
Plan; and will be consistent with the purpose and intent of the proposed
Residences at Newport Center Planned Community (PC) Zoning District of the
NBMC.
7. A voluntary development agreement has been requested by the Applicant as the
Project would add new residential dwelling units within Statistical Area L1
(Newport Center). The Development Agreement includes all the mandatory
elements for consideration and public benefits that are appropriate to support
conveying the vested development rights consistent with the General Plan,
NBMC, and Government Code Section 65864 et seq.
Section 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 6: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The
City Council hereby declares that it would have passed this ordinance 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 7: 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.
Section 8: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 9: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
Ordinance No. 2021-20
Page 6 of 6
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 28th day of September, 2021, and adopted on the 12th
day of October, 2021, by the following vote, to -wit:
AYES: Mayor Avery, Mayor Pro Tem Muldoon Council Member Blom Council
Member Brenner, Council Member Dixon Council Member Duffield
Council Member O'Neill
NAYS:
ABSENT:
X04 r�'4q"'j
— // VERY, MAYOR
ATTEST:
CITY ATTORNEY'S OFFICE
s Com_ r ( ^.-
AARON C. HAR , CI ATTORNEY
Attachment(s) Exhibit A - Legal Description
Exhibit B - Zoning Map Amendment
Exhibit C - PC -61 (Residences at Newport Center Planned
Community Development Plan)
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"
Zoning Map Amendment
Zone Change:
Office—Regional (OR) to
Planned Community (PC 61)
■
Exhibit "C"
PC -61 (Residences at Newport Center Planned Community Development Plan)
RESIDENCES
AT NEWPORT CENTER
Planned Community Development Plan
Date: April 19, 2021
Ordinance No.
Adopted _
, 2020
Residences at Newport Center
Planned Community
Page 12
TABLE OF CONTENTS
1.0 Introduction and Purpose 3
2.0 Land Use and Development Regulations
4
2.1
Architectural Design
4
2.2
Permitted Uses
5
2.3
Building Setbacks
5
2.4
Density: Number of Units
6
2.5
Floor Area
6
2.6
Grade for Purposes of Determining Height
6
2.7
Height
7
2.8
Landscaping and Irrigation
7
2.9
Lighting
9
2.10
Mechanical Equipment
9
2.11
Open space
9
2.12
Parking
10
2.13
Signs
11
2.14
Podium Walls
12
2.15
Patio Walls
13
2.16
Trash Service and Container Storage
14
2.17
Construction Requirements
14
a. Archaeological/Paleontological
b. Building Codes
c. Grading
d. Sewer Service
e. Storm Water Management
f. Telephone, Gas and Electrical Service
g. Water Service
3.0 Site Development Review
16
3.1
Purpose
16
3.2
Application
16
3.3
Design (Elevations) and Site Development of Building
16
LIST OF EXHIBITS
Exhibits Name
Exhibit Number
Conceptual Site Plan & Project Summary A
Setback Exhibit B
Building Tabulation C
Sections D
Residences at Newport Center
Planned Community
Page 13
1.0 INTRODUCTION AND PURPOSE
The Residences at Newport Center Planned Community Development Plan (PC) is
composed of 28 condominium units located in 4 story buildings totaling 103,158 square
feet of gross building area connected by a common lobby and entry. The project is located
at the southwest intersection of Newport Center Drive and Anacapa Drive in Newport
Center on a 54,949 square feet parcel. The vision presented in the plan shows two luxury
residential buildings with a common entrance and lobby intended to integrate a casual
urban lifestyle with a contemporary California building design.
The unit mix includes 8 residential units on the ground floor, 16 flats on levels 2 and 3 and
four penthouses on Level 4. The square footage of the residential units is 85,236 square
feet. Level 1 will also have a lobby and a lounge with a kitchen, fitness room/spa, lap pool
and office that is approximately 5,518 square feet (not including pool area) and does not
include circulation.
The project is designed for two levels of parking below grade. Level B-1 is partially at
grade on the southern edge to allow tenant and visitor access. General delivery will occur
at the building entry off Anacapa Drive and moving van access is provided on the south of
the building. All units have a private 2 -car garage located within the lower levels. Further,
there is one-way vehicular access to the garage from the front entry of the project primarily
for visitors.
The PC identifies land use relationships and associated development standards for the
district identified as the Residences at Newport Center. To that end, it coordinates and
complements the broader scale and massing of the Newport Center area and specifically
Block 100. The PC ensures a broader coordination and consistency with the surrounding
neighborhood, to include a high level of contemporary architectural quality supporting the
Newport Center environment along with pedestrian connectivity.
The PC includes a specific set of standards incorporated through a comprehensive review
of the project within Newport Center while ensuring substantial compliance with the spirit
and intent of the Zoning Code. The PC ensures the following site development review
objectives are met:
1. Ensure consistency with General Plan policies related to the preservation of
established community character, and expectations for high quality
development.
2. Respect the physical and environmental characteristics of the site.
3. Ensure safe and convenient access and circulation for pedestrians and vehicles.
4. Allow for and encourage individual identity for specific uses and structures.
5. Encourage the maintenance of a distinct neighborhood and/or community
identity.
Residences at Newport Center
Planned Community
Page 14
6. Minimize or eliminate negative or undesirable visual impacts.
7. Ensure protection of significant views from public right(s)-of-way in
compliance with NBMC Section 20.30.100 (Public View Protection);
8. Allow for different levels of review depending on the significance of the
development project (Newport Beach, 2015a).
Whenever the regulations contained in the PC conflict with the regulations of the
Newport Beach Municipal Code (NBMC), the regulations contained in the PC shall
take precedence. The NBMC shall regulate all development within the PC when such
regulations are not provided within the PC Regulations.
2.0 LAND USE AND DEVLOPMENT
The following development standards shall apply to the residential condominium units.
2.1 ARCHITECTURAL DESIGN
The Residences at Newport Center design is inspired by creating a casual yet elegant architecture
that is conceived as two casual and contemporary 4 story buildings that are linked together via a
modern glass entry with a water feature creating the entry into the lobby. Architecturally, the
buildings are proportioned with a defined base, middle, and top that is reinforced by flat plate
structure and glass walls. The elevations are presented through the use of massing, setbacks and
subtle variations in the roof line.
The building's material palate consists of stone neutrals 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. In keeping with this philosophy, the
exterior will be comprised predominately 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 unique and contemporary
architectural style.
All first floor residences include outdoor patios and resident entries from the public lobby.
Fenestration of the buildings is developed around the "California Coastal" view of indoor —
outdoor living. Openings above level 1 will have foldable doors allowing for the full aperture to
engage with interior living. Connections to the common area are reinforced via a social gathering
space within the lobby that incorporates both interior and exterior landscape areas.
The exterior landscaping will further enhance the feel of a luxury lifestyle at the adjacent
intersection of Anacapa and Newport Center Drive. The crosswalks at the corner of Newport
Center Drive and Anacapa Drive shall enhance the visual connection to the adjoining office,
entertainment, restaurants, and medical districts. Along Anacapa Drive, the project will provide
resident access via a 27 foot wide driveway served by a luxurious lobby and entry water feature.
Residences at Newport Center
Planned Community
Page 15
Further, there is access to the visitor parking via a one-way ramp to the lower level. Optionable
valet parking will be provided at the entry level. A dog run on the ground level at the southwest
corner is provided for the residents.
2.2 PERMITTED USES
a. Condominiums (Multi -Family Residential).
b. On-site recreational facilities, valet station, wine storage, separate dedicated storage areas, and
other structures ancillary to residential uses.
c. Telecommunications facilities are permitted in accordance with Chapter 20.49 (Wireless
Telecommunications Facilities) of the NBMC.
d. Land uses that are not listed above are not allowed, except as provided by Chapter 20.12
(Interpretation of Zoning Code Provisions) of the NBMC or as required by State Law.
e. Temporary uses may be allowed only upon approval of a limited term permit pursuant to
Section 20.52.040 (Limited Term Permits) of the NBMC.
2.3 BUILDING SETBACKS
a. Above grade level podium (required/provided)
Anacapa Drive 15 feet/26 feet (including a 3 -foot pedestrian
easement)
21 feet for the roof overhang
Newport Center Drive 15 feet /15 feet
10 feet at the roof overhang
Western property line 0 feet/l9 feet
13 feet 6 inches at the roof overhang
Southern property line 0 feet/ 19 feet (Including a 10 -foot private pedestrian
walkway easement)
b. Below grade level podium (required/provided)
Anacapa Drive 0 feet/ 15 feet
Newport Center Drive 0 feet/ 15 feet
Residences at Newport Center
Planned Community
Page 16
Western Property Line 0 feet/ 7 feet for basement walls
Southern Property line 0 feet/ 10 feet
Patios may encroach up to 7 feet 4 inches into required setback areas. Decks and balconies may
encroach up to 2 feet 6 inches into the required setback. Decorative architectural features such as
roof overhangs, brackets, and eaves may encroach up to 30 inches into a required setback area,
provided that no architectural features shall project closer than twenty-four inches from a side
property line. Further, the roof overhang on Newport Center Drive may extend up to 60 inches
into the setback. The footings on the south of the building may encroach up to 3 feed feet into the
easement Fences, hedges, and walls may encroach into the required setback areas subject to the
requirements set forth in Section 2.14.
2.4 DENSITY
The maximum allowable number of condominium residential units shall be 28.
2.5 FLOOR AREA
a. Building Area
The maximum gross building area limit for the development is 103,158 gross square feet at a
floor area ratio (FAR) of 1.88.
Gross buildina Area Definition:
The following areas shall be included in calculations of gross floor area:
a) Any interior finished portion of a structure that is accessible and that measures more than
six feet from finished floor to ceiling.
The following areas shall be excluded:
1. Stairwells and elevator shafts above the first level.
2. The surrounding exterior patio areas.
3. Parking structures including private garages and mechanical areas within the parking
structure.
b. Floor Area per Unit. Residential uses are measured on a per unit basis.
Ground floor (15` floor):
1,430 square feet minimum
ii. Units on floor 2:
Residences at Newport Center
Planned Community
Page 17
2,493 square feet minimum
iii. Units on floor 3:
2,316 square feet minimum
iii. Penthouses (floor 4):
5,223 square feet minimum
2.6 STANDARDS FOR ALLOWABLE HEIGHTS
The building heights are measured from established grade as hereinafter defined. The building is
on a sloping surface and the measurement of height is taken from the building entrance at 167.75
feet (NAVD88). Thus, established grade shall be defined at an elevation of 167 feet 9 inches
(NAVD88).
2.7 HEIGHT
The building height shall not exceed 52 feet I1 inches from the established grade (167.75 feet
NAVD88) of the site or 220 feet 8 inches above mean sea level (AMSL). The height of the open
area between the buildings is approximately 19 feet 8 inches above the established grade of the
site or 187 feet 6 inches NAVD88.
Rooftop appurtenances are permitted and may exceed the maximum building height by up to 7
feet (227.66 feet NAVD88). Rooftop appurtenances may include, but are not limited to, stairwell
and elevator shaft housing, antennae, window washing equipment, and wireless communication
facilities. The mechanical equipment for this project shall be sited in the interior of the 2 -level
parking structure. Rooftop appurtenances shall not exceed 30 percent of the overall roof area and
shall be focused toward the interior of the building footprint adjacent to the elevator override and
stairway. Rooftop appurtenances must be screened from view; the height of rooftop appurtenances
shall not exceed the height of the screening. Supports for window washing equipment are permitted
and are not required to be screened from view. Rooftop appurtenances within the 7 -foot limitation
are subject to the review and approval of the Planning Division.
Architectural features may exceed the maximum building height up to 2 feet (169.75 feet
NAVD88). Architectural features include the building rooftop edge and other decorative rooftop
features defined as visually prominent or formally significant elements of a building that express
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. Such features must be an extension of the architectural
style of the building in terms of materials, design, and color.
Residences at Newport Center
Planned Community
Page ( 8
2.8 LANDSCAPING AND IRRIGATION
A minimum of 15 percent of the lot area shall be landscaped (8,242 square feet). Landscaping and
irrigation shall be provided in all areas not devoted to structure, driveways, walkways, and private
patios to enhance the appearance of the development, reduce heat and glare, control soil erosion,
conserve water, screen adjacent land uses, and preserve the integrity of the PC.
Site landscaping and irrigation will be designed and planted in accordance with Chapter 20.36
(Landscaping Standards) of the Newport Beach Municipal Code (NBMC) and Chapter 14.17
(Water -Efficient Landscaping) of the Newport Beach Municipal Code. Plants shall be adapted to
the coastal climate of Newport Beach and appropriate to the specific soil, topographic, and
sun/shade conditions of the project site. Drought -tolerant plants shall be used to the maximum
extent practicable. Plant species having comparable water requirements shall be grouped together
for efficient use of irrigation water. All plant materials shall conform to or exceed the plant quality
standards of the latest edition of American Standard for Nursery Stock published by the American
Association of Nurserymen, or the equivalent. Plant selection shall be harmonious to the character
of the project and surrounding projects and shall not be listed as an invasive species by the
California Invasive Plant Council.
a. Minimum Landscape Requirements:
1. Landscaping shall incorporate a street tree species along Newport Center Drive (existing
Mexican Fan Palms to be protected on Newport Center Drive) and Anacapa Drive (Lemon
scented Gum, Eucalyptus citriodora or other tree to the satisfaction of the General Services
Division). The same species street tree shall be planted on both sides of Anacapa Drive,
north of the drive entry (upon the adjacent property owner's approval).
2. The Anacapa Drive parkway shall be maintained and landscaped to complement the
existing on-site landscaping. Landscaping and irrigation shall consist of a combination of
trees, shrubs, and groundwater and hardscape improvements.
3. The landscaped island at the southern entry within the ingress/egress easement shall be one
continuous landscape area as shown on the attached Exhibit A (upon the underlying
property owner's approval).
4. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction
of the City Traffic engineer.
5. Planting areas adjacent to vehicular entrances shall be protected by a continuous concrete
curb or similar perimeter barrier.
6. The ground floor landscape area shall include a dog run for use by the occupants of the
project.
7. Landscape areas shall provide a minimum width dimension of 2.5 feet to provide adequate
planting area.
8. Evergreen planting a minimum of 5 feet high shall be used to screen the podium wall along
the eastern property line (along Newport Center Drive).
Residences at Newport Center
Planned Community
Page 19
9. All landscape materials and irrigation systems shall be maintained in accordance with the
approved landscape and irrigation plans. All landscaped areas shall be maintained in a
healthy and growing condition in accordance with the NBMC 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.
10. Landscape planting and irrigation plans and specifications shall be submitted by the
applicant for review and approval by the Planning Division prior to the issuance of a
building permit.
b. Irritation Guidelines
An irrigation system shall be installed and shall incorporate appropriate locations, numbers, and
types of water distribution and emitters to provide appropriate amounts of water to all plant
materials. Application rates and spray patterns shall be consistent with the varying watering
requirement of different plant groupings.
Irrigation systems and controls shall include technology that minimizes over watering by either:
(a) directly measuring soil moisture levels, plant types, and soil types and adjusting irrigation
accordingly, or, (b) receiving weather information at least on a daily basis via satellite or similar
transmission and adjusting irrigation accordingly. The irrigation system shall be designed to
prevent over -watering and minimize overspray and runoff onto streets, sidewalks, driveways,
buildings, fences, and window consistent with water conservation and pollution run-off control
objectives.
Should reclaimed water infrastructure be constructed along Newport Center Drive, the site's
existing potable irrigation system shall be converted and connected to said infrastructure within
one year of its availability.
2.9 LIGHTING
All new outdoor lighting shall be designed, shielded, aimed, located and maintained to shield
adjacent uses/properties and to not produce glare onto adjacent uses/properties. Lighting plans
shall be prepared in compliance with Chapter 20.30.040 (Outdoor Lighting) of the NBMC. All
lighting and lighting fixtures that are provided shall be maintained in accordance with the approved
lighting plans.
Light fixtures on buildings shall be full cut-off fixtures. Light spillover may not exceed one foot-
candle at the subject property line. Lighting of building interior common areas, exteriors and
parking entrances shall be developed in accordance with City Standards and shall be designed and
maintained in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall
be limited to that necessary for security.
Residences at Newport Center
Planned Community
Page 110
The plans for lighting shall be prepared and signed by a licensed electrical engineer and shall be
subject to review and approval of the Community Development Director or their designee. If in
the opinion of the Director existing illumination creates an unacceptable negative impact on
surrounding land uses or sensitive habitat areas, the Director may order the dimming of light
sources or other remediation upon finding that the site is excessively illuminated.
2.10 MECHANICAL EQUIPMENT
Roof -top mechanical equipment shall not exceed 7 feet above the maximum height of the building
and shall comply with Section 20.30.020 (Buffering and Screening) of the NBMC. All mechanical
appurtenances on building roof tops and utility vaults shall be screened in a manner meeting the
approval of the Director of Community Development or their designee. It is the intent to place the
mechanical equipment in the garage, if feasible. If placement of mechanical equipment in the
garage is not possible, then the standards articulated in this section shall be implemented.
All new mechanical appurtenances (e.g., air conditioning, heating, ventilation ducts, exhaust vents,
telecom antennas & support equipment, swimming pool and spa pumps, filters, transformers,
utility vaults, and emergency power generators) shall be screened from the public view and
adjacent land uses. The enclosure design shall be approved by the Community Development
Department. All rooftop equipment shall be architecturally treated or screened from off- site views
in a manner compatible with the building materials prior to final building permit clearance. The
mechanical equipment shall be subject to sound rating in accordance with the Chapter 20.30.20
(Buffering and Screening) of the NBMC. There shall be a garage exhaust tower that is 10 feet
above finished grade in the buildable area along Anacapa Drive.
2.11 OPEN SPACE
a. Common Outdoor Space
Common outdoor space consists of land area within the residential development that is not
individually owned or dedicated for public use that is designed, intended, and reserved exclusively
for the shared enjoyment or use by all residents and their guests. Common outdoor space may be
active or passive. Illustrative examples include areas of scenic or natural beauty, barbecue areas,
landscaped areas, play areas, swimming pools, pet areas, or turf areas.
A minimum of 5% of lot area (2,750 square feet for 28 dwelling units) of common open space
shall be provided. Common outdoor space shall be provided either at grade, podium level, or roof
level. Common outdoor space areas shall have a minimum dimension of 15 feet. A minimum of
10 percent of the common outdoor space must be landscaped. All common outdoor space must be
accessible to all residents.
b. Common Indoor Space
Residences at Newport Center
Planned Community
Page 111
The building shall provide at least one community room of at least 500 square feet available for
use by all residents of the project. The area should be located adjacent to, and accessible from,
common/public space. This area may contain active or passive recreational facilities or meeting
space and must be accessible through a common/public area.
c. Private Ooen Space
Private open space shall be a minimum of 30 square feet per dwelling unit (6 -foot by 5 -foot
minimum). At least 50 percent of all dwelling units shall provide private open space, on a balcony,
patio, or roof terrace. Balconies should be proportionately distributed throughout the project in
relationship to floor levels and sizes of units. Qualifying private open space areas shall be
permanently open on one full side or substantially open on multiple sides.
Private open space consists of an outdoor or unenclosed area directly adjoining and accessible to
a dwelling unit, reserved for the exclusive private enjoyment and use of residents of the dwelling
unit and their guests (e.g., balcony, deck, porch, terrace, etc.). Boundaries are evident by use of
fences, gates, hedges, walls, or other similar methods of controlling access and maintaining
privacy.
2.12 PARKING
Parking to the project shall be underground and not visible from the public right-of-way and
surrounding area. Parking spaces, driveways, maneuvering aisles, and turnaround areas shall be
kept free of dust, graffiti, and litter. All components of the parking area including striping, paving,
wheel stops, walls, and lighting of the parking area shall be permanently maintained in good
working condition. Access, location, parking space and lot dimensions, and parking area
improvements shall be in compliance with parking standards of Title 20 of the NBMC. All required
parking shall be provided on-site. There shall be a gated entry into the lower level for the resident
owner with an electronic entry key.
The main driveway entry shall be approximately 27 feet wide in front of the lobby entrance. The
lobby shall have a concierge to provide services to residences such as U.S mail delivery, package
delivery, mailing, receiving food delivery and meeting guests. There shall be optional valet
services for the guests. Guest shall have the option to self -park . The guests parking spaces are
accessed by the valet by a one-way internal ramp at the south end of the driveway and the parking
spaces are at the first lower level. Valet service shall return the vehicles to the front entry via the
main entry on Anacapa if the guests did not self -park. The rules and regulations of these operations
shall be established by the Home Owners Association.
A minimum of two (2) enclosed private parking spaces shall be provided for each of the dwelling
units on Level 1. The units on Level 2 through 4 shall have a minimum of two (2) enclosed parking
spaces per unit. One half (1/2) guest parking space shall be provided per unit for a total of 14 guest
parking spaces including 1 ADA stall. Each two -car garage shall provide minimum clear interior
Residences at Newport Center
Planned Community
Page 112
dimensions of 17 feet 6 inches in width by 19 feet in depth and shall be maintained so that it is
accessible to vehicles.
Guest parking spaces shall maintain a minimum width of 8 feet 6 inches in width by 17 feet in
depth. There shall be 10 employee spaces on the lower level of the garage. The total visitor and
employee parking shall be 24 stalls. There shall be 4 guest charging stations for electric vehicles.
All resident and guest parking spaces shall be maintained clear of obstructions and available for
parking of vehicles at all times. Vehicle parking and maneuvering areas shall be restricted to the
operation, maneuvering and parking of operable vehicles.
2.13 SIGNS
If three (3) or more signs are proposed for the development, a comprehensive sign program
application for the Residences at Newport Center shall be submitted for review and approval by
the Zoning Administrator. Sign allowance and standards will be in accordance with Chapter 20.42
(Sign Standards) of the NBMC.
2.14 FENCES, HEDGES, AND WALLS
Walls and hedges shall be in accordance with the NBMC except as shown on the Site
Development Review plans and described in the PC. This does not apply to exempt signs per the
NBMC. Where a nonresidential zoning abuts a residential zoning district, consideration of a
landscape buffer as mitigation for wall heights, shall be reviewed as part of the Site Development
Review.
a. Podium Walls
The subject property is a sloping site with an elevation change of approximately I I feet from the
northeast corner to the southwest corner. Specifically, the northeast corner is at an elevation of
approximately 170 feet and the southwest corner is at an elevation of 159 feet (all elevations
reference NAVD88). Further, the site on the north property line drops from the northeast corner
of 170 feet to 164 feet at the northwest corner. The project is designed for two levels of parking
below grade. Level B-1 is partially at grade on the southern edge to allow access from the private
driveway, and Level 2 is below grade.
The entire project has a podium that incorporates the parking garage and the residential units are
built on the podium deck. The podium lower level has a floor elevation of 148 feet and rises to a
ceiling height of 169 feet 6 inches for most of the building. The ceiling height below Flat 1 and 2
is 2 feet 6 inches higher than the 169 feet 6 inch referenced above to accommodate the entry for
trucks and vans on the south end of the building. The walls, floor and ceiling heights define the
podium.
Residences at Newport Center
Planned Community
Page 113
The podium walls on the southwest of the building are exposed from elevation 159 up to 173 feet
at Flats 1 and 2. The top of wall is 13.8 feet above the adjacent ground elevation of 159 feet.
There is a 42 -inch glass railing above the podium. On the western property line there is enhanced
landscaping to mitigate the exposed podium wall. The sections shown in Exhibit D graphically
illustrate the elevation changes.
b. Patio Walls
The patios on the north of the complex may encroach into the setback area up to 7'6"feet. The
top of wall elevations on the patios on the north side may reach 176.5 feet (NAVD88) for Flats 6
through 8. The grading plan includes raising the grade in front of the patio walls by
approximately l to 2 feet. Further, there shall be enhanced landscaping in front of the patio walls
to buffer the view of patio walls from the streetscape.
2.17 TRASH SERVICE
Trash disposal service will be provided by CR&R (or other provider) as contracted by the City of
Newport Beach and shall be subject to applicable regulations, permits and fees as prescribed by
the city.
Trash container storage and bins shall be located within the lower level parking structure in an area
to be designed and engineered for odor control and accessible for pick-up. Common trash bins
provided shall be a minimum of 192 square feet for Trash and Recycling in accordance with
Chapter 20.30.120 (Solid Waste and Recyclable Materials) of the NBMC. Tile bins will be brought
by a scout truck from their regular storage areas in the basement to the southerly residential access
drive for pick-up by regular trash trucks. Trash pick-up and staging shall not block vehicular access
through the southerly access drive. Trash pick-up and loading is not permitted within the Anacapa
Drive right-of-way.
2.18 CONSTRUCTION REQUIREMENTS
a. Archaeological/Paleontological
Grading of the site is subject to the provisions of the City Council policies K-4 & K-5 regarding
archaeological and paleontological resources.
b. Building Codes
Construction shall comply with applicable provisions of the California Building Code and the
various other mechanical, electrical, and plumbing codes related thereto as adopted by the NBMC.
c. Grading
Residences at Newport Center
Planned Community
Page 114
Grading and excavation of the development area shall be conducted and undertaken in a manner
both consistent with grading manual standards and ordinances of the City of Newport Beach and
in accordance with a grading and excavation plan approved by the City of Newport Beach Building
Division.
d. Telephone. Gas and Electrical Service
All "on-site" gas lines, electrical lines and telephone lines shall be placed underground.
Transformer or terminal equipment shall be visually screened from view from streets and adjacent
properties.
e. Sewage Service
All sewer lines shall be designed in accordance with the Utilities Manager approval
f. Storm Water Management
The project shall adhere to the Water Quality Management Plan (WQMP) approved in conjunction
with the issuance of building permits. Drainage and water quality assurance measures will be
implemented as per the City Public Works and Municipal Separate Storm Sewer System (MS4)
requirements. Development of the property will be undertaken in accordance with the flood
protection policies of the City.
g. Water service
Water service to the site will be provided by the City of Newport Beach and is subject to applicable
regulations, permits and fees as prescribed by the City. The project shall provide the infrastructure
for Fire Protection Water Service and Domestic water. Each water meter shall be served and
installed in accordance with the Public Works Department approval.
Residences at Newport Center
Planned Community
Page 115
3.0 SITE DEVELOPMENT REVIEW
3.1 PURPOSE
The purpose of the Site Development Review (SDR) process is to ensure new development within
the Newport Center Residences Planned Community Development is consistent with the goals and
policies of the General Plan, and provisions of the Planned Community Development Plan.
3.2 APPLICATION
Prior to the issuance of building permits for the original site development, a SDR application shall
be required for the Newport Center Residences Planned Community Development in accordance
with Section 20.52.080 (Site Development Reviews) of the NBMC.
3.3 DESIGN (ELEVATIONS) AND SITE DEVELOPMENT OF BUILDING
The SDR shall be part of this PC and shall be reviewed concurrently with the PC. The submitted
site plans and elevations shall be part of this application.
PROJECT SUMMARY
MULTI -STORY PROJECT
PROJECT DESCRIPTION
THE PROJECT CONSISTS OF (1) MULTI -STORY
RESIDENTIAL BUILDING
4 STORIES OF RESIDENTIAL
2 LEVELS OF UNDERGROUND PARKING
28 DWELLING UNITS
BUILDING CODE: CALIFORNIA BUILDING CODE 2019
OCCUPANCY GROUP:
R-2 (RESIDENTIAL) 8 S-2 (PARKING)
PROJECT SUMMARY
4/15/2021
SETBACKS
REQUIRED / PROVIDED (FT)
ABOVE PODIUM BELOW PODIUM
ANACAPA FRONTAGE
15'/ 26'
0/15,
NEWPORT CENTER DR.
15'115'
0 / 15'
WESTERN PRTY LINE
0/19,
0/7'
SOUTHERN PRTY LINE
0/19,
0/10'
NOTE: SETBACKS DO NOT INCLUDE ARCHITECTURAL PROJECTIONS
OPEN SPACE: See A20.1 and A20.2
REQUIRED
BUILDING TYPE OF CONSTRUCTION:
+/- 27,006 S.F.
COMMON OUTDOOR
OPEN SPACE
PRIVATE OPEN SPACE
5% of GROSS LOT
AREA
30 SF PER EACH UNIT
2,750 S.F.
840 S.F.
TYPE I OR TYPE 2 (FULLY SPRINKLERED)
PLANNING DEPARTMENT GROSS AREA:
1 ST FLOOR AREA:
+/- 27,006 S.F.
TOTAL REQUIRED
3,590 S.F.
GOVERNING AGENCY:
+/- 25,564 S.F.
PROVIDED
+/- 24,037 S.F.
CITY OF NEWPORT BEACH
+1- 103,158 S.F.
REQUIRED
COMMON OUTDOOR OPEN SPACE
+!- 3,600 S.F.
LOT COVERAGE:
GUEST (.5 PER UNIT)
PRIVATE OPEN SPACE
+/-12,230 S.F.
LOTAREA
54,949 S.F.
TOTAL PROVIDED
+/- 15,830 S.F.
BUILDING FOOTPRINT (FIRST FLOOR)
27,006 S.F.
FAR
1.88
RESIDENTIAL UNITS:
LOT COVERAGE (EXISTING)
55% EXISTING
PLANNING DEPARTMENT GROSS AREA:
1 ST FLOOR AREA:
+/- 27,006 S.F.
2ND FLOOR AREA:
+/- 26,551 S.F.
3RD FLOOR AREA:
+/- 25,564 S.F.
4TH FLOOR AREA:
+/- 24,037 S.F.
GROSS FLOOR AREA
+1- 103,158 S.F.
ADDITIONAL AREAS:
PARKING BASEMENT UPPER AREA:
+!- 37,674 S.F.
PARKING BASEMENT LOWER AREA:
*/ 33,782 S.F.
TOTAL PARKING GARAGE AREA:
+!- 71,456 S.F.
PARKING:
REQUIRED
RESIDENTIAL (2 PER UNIT)
56 STALLS
GUEST (.5 PER UNIT)
14 STALLS
PROVIDED
RESIDENTIAL
57 STALLS
GUEST (INC. ACCESSIBLE & 3 VALET)
26 STALLS
RESIDENTIAL UNITS GROSS AREA' (FLOOR 1-4) : +/- 85,236 S.F.
NOTE: DOES NOT INCLUDE SHARED CIRCULATION
NOTES
EXHIBIT - page 1 of 2
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03/30/21
Building Tabulation
-
9/2/2020
r
RESIDENTIAL AREA
PLANNING AREAS (gross sf')
Unit #i Level
Area (gross sf')
first floor residential ! 15,903
1 1
2,271
first floor circulation / misc 5585
21 1
1,430
offices) 602
3 1 j
2,043
storage 441
4 1 ''
1.478
- - ------ entry 489 -----
5 1
6 1
7
8
9
10'
2,121
2,228
1,647
2,685
2,832
3,789
2,963
2,493
2,521
lounge
concierge
condo meeting & kitchen
fitness
first floor total
second floor residential
second floor circulation / misc
second floor total
j 14 2 2,954 -
15 2 3,766 -
16 2 2,966
17 3 2,649 third floor residential 23,239
18 3 3,646 third floor circulation / misc 2325
19 3 2,866 third floor total 25,564
20 3 2,316... ------ - - - -- - i
-- --- 21 3' 2,344
22� 3. 2,955 fourth floor residential . 21,810
23! 3 3,667 fourth floor circulation / misc 2227
C24 j 3 2,796fourth floor total 24,037
25 4 5,636
26 ! 4 5,223
27, 4 ! 5,262 TOTAL GROSS PLANNING AREAS 103,158
28 4I: 5,689 ---
Total Residential Units 85,236 Additional Areas
Circulation, Lobbies, Fitness, etc 17,922' Parking -1 37,674
,
Total Gross planning area 103,158 Parking -2 33,782
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NOTE I ' All areas are shown as gross numbers (including exterior walls & finishes).
Condo units are sold as interior airspace and would be smaller area.
1100
691
999
1196
27,006
24,284
2267:
26,551
EXHIBIT C
EXHIBIT D
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EXHIBIT D
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2021-20 was duly introduced on the 281h day of September, 2021, at a regular meeting, and adopted
by the City Council at a regular meeting duly held on the 12th day of October, 2021, and that 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 13th day of October, 2021.
C r
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
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
Ordinance No. 2021-20 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: October 2, 2021
Adopted Ordinance: October 16, 2021
In witness whereof, I have hereunto subscribed my name this am day of October, 2021.
jli4 4k;v� -
Leilani I. Brown, MM
City Clerk
City of Newport Beach, California