HomeMy WebLinkAbout02 - Newport Beach Country Club Annual DA Review - PA2016-094 ° @ COMMUNITY DEVELOPMENT DEPARTMENT
VPLANNING DIVISION
100 Civic Center Drive,P.O. Box 1768,Newport Beach, CA 92658-8915
Cq�r FOR 949-644-3200 Fax: 949-644-3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
September 29, 2016
Agenda Item No. 2
SUBJECT: Newport Beach Country Club Annual Development Agreement Review
(PA2016-094)
2 Clubhouse Drive (1600 East Coast Highway)
APPLICANT: Newport Beach Country Club
OWNER: Newport Beach Country Club, LLC
PLANNER: Rosalinh Ung, Associate Planner
(949) 644-3208, rung@newportbeachca.gov
ZONING DISTRICTIGENERAL PLAN
• Zone: PC-47 (Newport Beach Country Club)
• General Plan: PR (Parks and Recreation)
PROJECT SUMMARY
An anual review of Development Agreement No. DA2010-005 for Newport Beach
Country Club, pursuant to Section 15.45.080 of the Newport Beach Municipal Code and
Section 6586501 of the California Government Code.
RECOMMENDATION
1) Conduct a public hearing;
2) Find the annual review is exempt from the California Environmental Quality Act
("CEQA") pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory
Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3; and
3) Receive and file the Annual Report of Development Agreement for Newport Beach
Country Club (Attachment No. ZA 2); and
4) Find that the applicant has complied with the terms of Development Agreement No.
DA2010-005; and upon completion of the project, no further review of the
Development Agreement is necessary.
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Annual Review of DA2010-005 (PA2016-094)
Zoning Administrator, September 29, 2016
Page 2
BACKGROUND
On February 14, 2012, the City Council adopted Ordinance No. 2012-5, approving the
Development Agreement (DA) for the new golf clubhouse of up to 56,000 square feet in
size, associated parking lot and maintenance facility. The City Council also adopted a
Planned Community Development Plan for the site and approved a new clubhouse
design. The DA became effective on December 18, 2012. The term of the DA is ten
years, or upon completion of the project in accordance with the terms and conditions of
the DA, whichever comes first.
The DA is available online at: hftr)://www.newr)ortbeachca.gov/develol)mentagreements.
On December 18, 2012, the California Coastal Commission approved Coastal
Development Permit No. CDP 5-12-103, for the construction of a new golf clubhouse,
associated parking lot, maintenance facility, and all appurtenant improvements.
On April 25, 2014, the Community Development Director approved Staff Approval No.
SA2014-003, for the following changes to the approved plans: 1) a reduction in the
clubhouse building footprint; 2) minor changes to landscaping plans; 3) the addition of a
swimming pool; 4) elimination of the new golf course maintenance building; 5) the
addition of a new carport structure within the existing maintenance yard; 6) elimination
of the existing frontage road adjacent to East Coast Highway; and 7) elimination of the
previously proposed service entry and driveway from East Coast Highway.
On June 4, 2014, the California Coastal Commission approved Immaterial Amendment
No. CDP 5.12.103-A1 to the approved CDP, for the changes consistent with the City's
approval of SA2014-003.
On March 6, 2015, the Community Development Director approved Staff Approval No.
SA2015-003 converting 1,164 square feet of golf cart and bag storage area within the
basement to accommodate a larger employee lounge area, storage and mechanical
rooms. The change resulted in an increase in the total gross floor area for entitlement
purposes from 54,819 to 55,983 square feet. This minor change was found in
substantial conformance with both the City's entitlement and the amended CDP. The
basement modification was later scaled back reducing the total gross floor area of the
final building to 55,722 square feet.
DISCUSSION
Section 15.45.080 of the Municipal Code requires the City to periodically review
development agreements to determine if the applicant has complied with the terms of
the agreement. The applicant is required to demonstrate good faith compliance with the
terms of the agreement, and should the Zoning Administrator find that the applicant has
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Annual Review of DA2010-005 (PA2016-094)
Zoning Administrator, September 29, 2016
Page 3
not complied in good faith with the terms of the agreement; the Zoning Administrator
should refer the matter to City Council.
The DA review covers the golf clubhouse's construction period, which began in
December 2014 and was completed on September 2, 2016.
In accordance with Section 3 (Public Benefits) of the DA, the applicant is required to pay
$10 per square foot, adjusted for inflation, from the approval of the DA to the issuance
of permits. The applicant has submitted a total payment of $571,451.37, which includes
the construction of the new clubhouse ($562,195.62) and the 903-square foot basement
modification ($9,255.75). The total payment of $571,451.37 is the required fee for the
55,722 square foot building.
After reviewing the attached annual report and applicable documents, verification of
payment of the public benefit fee, and completion of construction in accordance with he
approved plans, staff believes the applicant has fully complied with the terms and
conditions of the DA. As a result, the agreement has run its course and there will be no
additional review in the future. The remaining 278 square feet (56,000 - 55,722 = 278)
that could be built will remain available for construction; however, it will not be subject to
the completed DA. As a result, the applicant will not have the vested right to construct
the remaining area and no public benefit fee would be required if the applicant
requested permission to construct it in the future.
ENVIRONMENTAL REVIEW
This annual review is exempt from the California Environmental Quality Act ("CEQA")
pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential to have a significant effect on the environment. This section exempts
actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate,
or other entitlement for use issued, adopted, or prescribed by the regulatory agency or
enforcement of a law, general rule, standard, or objective, administered or adopted by
the regulatory agency.
PUBLIC NOTICE
Notice of this review was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the City website.
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Annual Review of DA2010-005 (PA2016-094)
Zoning Administrator, September 29, 2016
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APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development
within 14 days following the date of action. For additional information on filing an appeal,
contact the Planning Division at (949) 644-3200.
Prepared by:
o alinh Ung
As ociate Planner
JC/ru
Attachments: ZA 1 Vicinity Map
ZA 2 NBCC Development Agreement Annual Report
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Attachment No. ZA 1
Vicinity Map
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Clubhouse (formerly 1600 East Coast
Attachment No. ZA 2
NBCC Development
Agreement Annual Report
Tmplt:05-05-16
ANNUAL REPORT- 2015
Newport Beach Country Club
Pursuant to Section 7 of Development Agreement DA2010-005 for the Newport Beach Country Club, Inc.
(NBCC) and now known as NBCC, LLC, an Annual Report is required for the Newport Beach Country Club
Planned Community (PC) to provide an accurate record of the development that has occurred within the PC.
This Annual Report documents NBCC compliance with the Development Agreement from December 18,
2012 to September 15,2016.
Milestones
Entitlement Approvals
On October 23, 2008, an application was filed by the NBCC with the City of Newport Beach for the purpose
of obtaining approval to redevelop the existing golf clubhouse of the NBCC. The following approvals were
required in order to implement the project as proposed:
a. A General Plan Amendment to increase the allowable development limit by 21,00 gross square feet
from 35,000 to 56,000 gross square feet(Anomaly No. 74).
b. A Planned Community Development Plan to provide development standards and design guidelines.
c. A Site Development Review to allow the construction of a 54,819 square-foot golf clubhouse with a
parking lot and maintenance facility.
d. A Development Agreement as required pursuant to Section 15.45.020.A.2.c of the Municipal Code.
On January 24, 2012 the City Council approved, passed, and adopted the General Plan Amendment
(GPA2008-005) and the Site Development Review (SD2011-003). On February 14, 2012 the City Council
adopted the Development Agreement, and on February 28, 2012 the City Council adopted the Planned
Community Development Plan.
Subsequent to obtaining City of Newport Beach approval, the NBCC filed an application with the California
Coastal Commission (CCC) on April 6, 2012, and a Coastal Development Permit (CDP No. 5-12-103) was
approved on December 18, 2012.
Prior to beginning construction, the NBCC requested minor revisions to the Site Development Review,
which was reviewed and approved by the Community Development Director on April 25, 2014 (SA2014-
003). The gross square footage for the golf clubhouse did not change and remained at 54,819 gross square
feet.
Subsequently, on June 4, 2014 the CCC approved an Immaterial Amendment (CDP No. 5-12-103-A1) for
the minor revisions.
During construction, the NBCC requested additional minor revisions to the Site Development Review, which
was reviewed and approved by the Community Development Director on March 6, 2015 (SA2015-003). The
gross square footage for the golf clubhouse increased to 55,983 gross square feet but remained under the
maximum 56,000 gross square feet allowed per the Planned Community Development Plan.
Development Agreement Obligations
Section 3 of the Development Agreement for the NBCC required the payment of a Public Benefit Fee of$10
per gross square foot. A payment in the amount of $562,195.62 was paid at the issuance of the Building
Permit for the new clubhouse (X2014-1604) on December 2, 2014. An additional Public Benefit Fee came
due with the gross square footage increase approved by SA2015-003, which initially was $12,396.00.
However, after further review of the plans by both parties this amount was reduced to $9,255.75 after
recalculating the sum devoted to cart storage and using the correct consumer price index. With the payment
of this additional amount, all terms and conditions of the Development Agreement will have been met and no
further Annual Reports will be necessary.
Construction
Construction commenced following the issuance of the building permit and has continued to the present
time. A Certificate of Occupancy is anticipated to be issued on September 15, 2016.
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