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HomeMy WebLinkAbout08-28-1995 Item #35 & 36Ewe CITY OF NEWPORT BEACH 'P PLANNING\BUILDING DEPARTMENT 33oo NEWPORT BOULEVARD u == c�400a�+�r NEWPORT BEACH, CA 92658 (714) 64452oo; FAX (714) 644-V50 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Fletcher Jones Motorcars (Fletcher Jones, Jr., applicant) 3300 Jamboree Road, Newport Beach August 28, 1995 3S ,- 34, Patricia Temple (714) 644-3228 BY THE CITY COUNCIL CITY OF NEWPORT BEACH AUG 2 81995 M 9-//-�� SUMMARY: The applications being considered will, if approved, allow for the development of a new facility for Fletcher Jones Motorcars - Mercedes Benz. In addition to new and used car sales and leasing, the dealership will offer auto service, including body work, a parts department, customer lounge, and boutique retail sales areas. A substantial amount of the auto storage areas are enclosed in a parking structure. Suggested Action Ordinances for introduction - Introduce, pass to second reading and schedule for public hearing on September 11, 1995: 1. First Amendment to Development Agreement No. 6 - CI_OSA_ — G - >- GW 2. Development Agreement No. 9 - Fletcher Jones Motorcars C _ 3 p,g 7 Public hearing scheduling - for September 11, 1995: 1. Certification of EIR No. 155 2. General Plan Amendment No. 95-1(D) 3. Local Coastal Program Amendment No. 39 4. Amendment No. 823 5. Traffic Study No. 108 6. Use Permit 3565 Planning Commission Recommendation At its meeting of August 24, 1995, the Planning Commission voted (5 ayes, 2 absent) to recommend City Council approval of these items. The staff reports and an excerpt of the minutes of the Planning Commission meeting will be submitted to the City Council for consideration at the meeting of September 11. Very truly yours, PLANNING DEPARTMENT KEN7ETH J. DELINO, Assistant City Manager By Patricia L. Temple, Planning Manager ORDINANCE NO.ILI 17— AN AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING THE FIRST AMEDNMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY, INC. WITH RESPECT TO THE CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (CIOSA) (DEVELOPMENT AGREEMENT NO. 6) The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The City Council finds and declares that: a. The State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and b. Assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development; and C. California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property; and d. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedures for the amendment of development agreements; and e. The First Amendment to Development Agreement No. 6 has been prepared in compliance with state law and the Newport Beach Municipal Code; and f. In compliancewith state law and city ordinance, a duly noticed public hearing was held by the City Council to consider First Amendment to Development Agreement No. 6; and g. The City Council finds that First Amendment to Development Agreement No. 6 is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder, and h. The City Council finds that said First Amendment to Development Agreement No. 6 is in conformance with the Newport Beach General Plan. SECTION 2. First Amendment to Development Agreement No. 6 (Ordinance No. _) is hereby adopted and made a part hereof by this reference. SECTION 3. Copies of said Development Agreement are on file in the offices of the City Clerk and Planning Department of the City of Newport Beach. SECTION 4. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 1995, and was adopted on the day of 1995, by the following vote, to wit: ATTEST CITY CLERK C -.\M S OFFICBW IN W ORD\CC\GPA\DA6 A-0RD. DOC AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR PA EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 1 6103 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663-3884 FIRST AMENDMENT TO THE CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (Pursuant to Government Code Sections 65864-65869.5) This FIRST AMENDMENT ("Amendment") to the CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (the " CIOSA ")is entered into this _day of , 1995, by and between the charter city ("City") and The Irvine Company, a Michigan corporation, ("Company"). City and Company are sometimes collectively referred to herein as the "Parties." RECITALS A. On June 30th, 1993, City and Company entered into the CIOSA, an agreement authorized pursuant to Government Code section 65867 and Chapter 15.45 of the Newport Beach Municipal Code. The CIOSA was recorded as Document No. 93-0479122 of the Official Records of Orange County, California. The CIOSA was entered into pursuant to Government Code section 65867 and Chapter 15.45 of the Newport Beach Municipal Code. B. Along with other property owned by Company and described therein, the CIOSA applies to that area of City known as San Diego Creek North (—SDC North"). The CIOSA restricts use of SDC North to open space/ public facilities, consistent with City's Ordinance No. 92-39. C. City and Company are now in agreement that SDC North should be made available for use as the possible future site of an automobile dealership, consistent with the standards and requirements set forth in Exhibit "All hereto, to the extent that SDC North is not required for the San Joaquin Hills Transportation Corridor. Accordingly, City and Company desire to enter into this Amendment amending the CIOSA to permit development of SDC North with an automobile dealership. r , AGREEMENT NOW, THEREFORE, for good and valuable consideration received by each part from the other, City and Company agree as follows: 1. Exhibit "D " to the CIOSA is hereby amended by changing the " DEVELOPMENT " column for SDC North from "Open Space" to "Open Space/ Automobile Dealership," and the "DEVELOPMENT AREA (ACRES)" column for SDC North from "-0-" to —9.6.11 2. Exhibit —E: to the CIOSA is hereby amended by changing the "OPEN SPACE ACRES TO BE DEDICATED" column for SDC North from —4.711 to —0,11 with an added footnote indicating dedication for commercial purposes. 3. Exhibit "I" to the CIOSA is hereby amended changing the Category 2 site limitations and related constraints map for San Diego Creek North. WHEREFORE, this Amendment is entered into effective the date first written above. CITY OF NEWPORT BEACH, a THE IRVINE COMPANY, a Michigan Municipal corporation corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Robert H. Burnham City Attorney By: By: 2 Gary H. Hunt Executive Vice President Peter D. Zeughauser Vice President & General Counsel CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT DEVELOPMENT AREA DATE: 11/24/92 # PROPERTY DEVELOPMENT DEVELOPMENT AREA (ACRES) 1. SAN DIEGO CREEK SOUTH Residential - 300 D.U. 18.4 2. SAN DIEGO CREEK NORTH Open-Spaee Retail and Service Commercial -8- 9.6 3. JAMBOREE/MAC ARTHUR Open Space -0- 4. UPPER CASTAWAYS Residential - 151 D.U. 26.0 5. BAYVIEW LANDING Restaurant - 10,000 S.F. or Health Club - 40,000 S.F. or Senior Residential - 120 D.U. 5.0 6. NEWPORTER NORTH Residential - 212 D.U. 30.0 7. BLOCK 800 Residential - 245 D.U. 6.4 8. CORPORATE PLAZA WEST Office - 94,000 S.F. 9.0 9. FREEWAY RESERVATION North Area South Area Residential - 36 D.U. Residential - 12. D.U. 7.5 3.5 10. NEWPORTER KNOLL Open Space -o- il. NEWPORTER RESORT Hotel - Additional 68 Rooms onsite 12. NEWPORT VILLAGE (from library to San Miguel) Open Space -0- TOTAL 115.4 Vol 10MCIRIUM CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT OPEN SPACE DEDICATION DATE: 11/24/92 # PROPERTY OPEN SPACE ACRES TO BE DECICATED (4) TIMING OF DEDICATION 1. SAN DIEGO CREEK SOUTH 2.4 (3) 2. SAN DIEGO CREEK NORTH 8.6 (3) 3. JAMBOREE/MAC ARTHUR -0- (5) 4. UPPER CASTAWAYS 30.6 (2) 5. BAYVIEW LANDING 11.1 (1) 6. NEWPORTER NORTH 47.2 (2) 7. BLOCK 800 -0- N/A 8. CORPORATE PLAZA WEST -0- N/A 9. FREEWAY RESERVATION North Area South Area 17.3 -0- (2) N/A 10. NEWPORTER KNOLL 12.0 (1) 11. NEWPORTER RESORT -0- N/A 12. NEWPORT VILLAGE from library to San Miguel) 12.8 (4) TOTAL 142 (1) Open Space to be dedicated upon Effective Date of Agreement. (2) Open Space to be dedicated upon issuance of first building permit. (3) Open Space shall be offered for dedication upon issuance of last building permit of all projects contained in this Agreement. The Company may elect to waive this condition. (4) Open Space area to be dedicated upon issuance of first building permits for both Upper Castaways and Newporter North. (5) 4.7 acres will be dedicated to the City for commercial land use. CATEGORY 2 Definition. Category 2 sites have either a range of principal permitted uses or no specific delineation of a "development envelope" and "maximum extent of grading for non-public uses." (F through H) Sites included in this category are: F. Jamboree/MacArthur G. San Diego Creek North H. Newporter Resort Future Discretionary Review: All uses on Jamboree/MacArthur and San Diego Creek NeA would be subject to future CEQA/Coastal Development Permit review. Thus, for purposes of future Coastal Act and LCP review of Jamboree/MacArthur and Sa^nDiega meek N014h, approval of the Development Agreement and Development Agreement Addendum provides the following: Deletion of office uses allowed by the approved Newport Beach LUP; Other public facility uses identified for each site in the Development Agreement PC text as found to be within the scope of the approved Newport Beach LUP but, due to absence of analysis of potential impacts and absence of development envelope/maximum grading maps, such uses are subject to full future discretionary review; - No encroachment or loss of wetlands is approved and not other habitat - related findings are made other than that the habitat protection/restoration designation for the San Diego Creek north area bordering San Diego Creek is consistent with and in furtherance of Coastal Act Sections 30231 and 302233. The Impacts of the additional hotel rooms on the Newporter Resort would be subject to future CEQA/Coastal Development Permit requirements with full discretionary review. The impact of commercial development on the San Diego Creek North site will be subject to future CEQA/Coastal Development Permit requirements with full discretionary review. C I LLJ LLJ 0 4) Z) c < 4) arc. W lOZE < z <o 0 3 a2Cc 1- !&Z 00- 00 W 0 4) — . 0 w L4) 00 :;, 41 Z X .0 a > 4, z 0 5 40' E < N 0 �0- 0 cr Z 0 LL . ....................... .`•• . CL cl� wi LL. \X L) f 03 z 0 CL '\v 7 .......... w LLJ Y LLJ < 0 U) I � �a ORDINANCE NO. L�3 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND FLETCHER JONES MOTOR CARS, INC. WITH RESPECT TO THE FLETCHER JONES MOTORCARS- MERCEDES BENZ DEALERSHIP PROJECT (DEVELOPMENT AGREEMENT NO. 9) The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The City Council finds and declares that: a. The State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and b. Assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development; and C. California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property; and d. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedures for the amendment of development agreements; and e. Development Agreement No. 9 has been prepared in compliance with state law and the Newport Beach Municipal Code; and In compliance with state law and city ordinance, a duly noticed public hearing was held by the City Council to consider Development Agreement No. 9; and g. The City Council finds that Development Agreement No. 9 is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder, and /0 h. The City Council finds that said Development Agreement No. 9 is in conformance with the Newport Beach General Plan. SECTION 2. Development Agreement No. 9 (Ordinance No. is hereby adopted and made a part hereof by this reference. SECTION 3. Copies of said Development Agreement are on file in the offices of the City Clerk and Planning Department of the City of Newport Beach. SECTION 4. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 1995, and was adopted on the day of 1995, by the following vote, to wit: ATTEST CITY CLERK PLT:..C.\MSOFFICE\W IN WORD\MGPA\DA9-0RD.DOC AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR 2 1l DEVELOPMENT AGREEMENT NO. 9 Please refer to Agenda Item No. 36 supplemental report from the Office of the City Attorney for this document.