HomeMy WebLinkAbout20170427_ZA_Staff Report
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 27, 2017
Agenda Item No. 4
SUBJECT: Newport Beach Country Club – Tennis Club Site
Annual Development Agreement Review (PA2016-196)
SITE LOCATION: 1602 East Coast Highway
Development Agreement No. DA2008-001
APPLICANT: Land Strategies, LLC
OWNER: Golf Realty Fund – O Hill Properties
PLANNER: Rosalinh Ung, Associate Planner
(949) 644-3208, rung@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
Zone: PC-47 (Newport Beach Country Club)
General Plan: PR (Park & Recreation)
PROJECT SUMMARY
Annual review of Development Agreement No. DA2008-001 for the Newport Beach
Country Club – Tennis Club Site pursuant to Section 15.45.080 of the Municipal Code
and Section 65865.1 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;
3) Receive and file the Annual Report of the Development Agreement for Newport
Beach Country Club – Tennis Club Site (Attachment No. ZA 2); and
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Zoning Administrator, April 27, 2017
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4) Find that the applicant has demonstrated good faith compliance with the terms of
Development Agreement No. DA2008-001.
BACKGROUND
On March 27, 2012, the City Council adopted Ordinance No. 20012-3, approving the
Development Agreement (DA) for the redevelopment of an existing tennis facility.
Construction includes 27 hotel units with a 2,170 square-foot concierge and guest
meeting facility, 5 single-unit residential dwellings, a 3,725 square-foot tennis clubhouse
and 7,490 square-foot spa/fitness center, retaining 6 exisitng tennis courts, and the
construction of one lighted stadium, center tennis court. The City Council also adopted a
Planned Community Development Plan for the site as part of the overall development of
the Newport Beach Country Club that includes the adjacent Newport Beach Golf Course
Site. The DA became effective on September 27, 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: http://www.newportbeachca.gov/developmentagreements
The subject property is located in a coastal zone and the California Coastal Commission
conducted a hearing and approved the project in 2013. A notice of intent to issue a coastal
development permit was issued that has subsequently expired. Since the City’s Local
Coastal Program was recently certified by the Coastal Commission, the applicant is now
required to obtain a new coastal development permit (CDP) with the City. A CDP
application has not been filed as of the drafting of this report.
On January 26, 2017, the Zoning Administrator approved Tentative Parcel Map No.
NP2016-013 dividing the project site for future financing and conveyance purposes. No
development or improvements were proposed as a part of the tentative parcel map
application.
Building and grading plans for the construction of the single-family homes and tennis
clubhouse, spa and stadium center court were submitted in December 2016. Permits
have not been issued to date. The applicant is also finalizing the approved parcel map for
signatures and recordation and the final map has also been submitted to the City for
review. As noted, the subject property is located in coastal zone and no permits can be
issued and the parcel map cannot be recorded without a coastal development permit.
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 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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not remained in good faith with the terms of the agreement; the Zoning Administrator
should refer the matter to the City Council.
This DA review covers the Tennis Club Site from September 2012 to March 2017.
In accordance with Section 3 (Public Benefits) of the DA, the applicant is required to pay
the following public benefit fees at the issuance of permits:
Ninety-three thousand dollars ($93,000) per each residential dwelling unit; and Ten dollars ($10) per square foot of new construction to the existing tennis clubhouse.
Each of these fees is subject to the Consumer Price Index adjustments.
There have been no physical development-related activities on the subject site since the
approvals of land use entitlements including the DA and recent financing parcel map. To
date, no fees have been paid.
After reviewing the attached annual report and applicable documents, staff believes that
the applicant has been proceeding and continues to be in good faith compliance with the
terms and conditions of the Development Agreement.
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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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:
JC/ru
Attachments: ZA 1 Vicinity Map
ZA 2 Annual Report
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Attachment No. ZA 1
Vicinity Map
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VICINITY MAP
Development Agreement No. DA2008-001
PA2016-196
1602 East Coast Highway
Subject Site
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Attachment No. ZA 2
Annual Report
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9241 Irvine Boulevard, Suite 100 – Irvine, California 92618
(949) 580-3000
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LAND STRATEGIES, LLC
Rosalinh Ung March 29, 2017
Associate Planner
City of Newport Beach – Community Development
100 Civic Drive
Newport Beach, CA 92660
via Hand Delivery
Subject Annual Report for Development Agreement DA 2010-005
Newport Beach Country Club
Tennis Club, Spa, Villas and Bungalows - Tract 15347
Dear Rosalinh,
Pursuant to Section 7 of Development Agreement DA2010-005, an Annual Report is required for the
Newport Beach Country Club Planned Community (PC) to provide an accurate record of the development
that has been approved on the Tennis Club Site, which consists of The Villas Sub-Area, The Tennis Club
Sub-Area and The Bungalows. This Annual Report documents Golf Realty Fund’s (GRF) compliance with
the Development Agreement from March 2012 to March 2017.
Entitlement Approvals
On March 27, 2012, the City Council approved the redevelopment of Tennis Club Site which consisted of
removal of some existing tennis facilities, construction of new site infrastructure, parking, clubhouse
buildings, pool, tennis stadium court, residential villas and bungalows as depicted on Tentative Tract Map
15347.
On August 28, 2012, a Coastal Development Permit No. 5-12-160 application was filed with the California
Coastal Commission (CCC). It was approved on April 10, 2013 and a Notice of Intent (NOT) to issue the
permit was published.
On April 10, 2015 (2 years after the CCC approved project) the (NOT) expired.
In October of 2015 the CCC issued a one-year time extension for the CDP for the proposed development.
The Notice of Intent expired a second time on April 10, 2016.
GRF requested a second extension of the CDP from the CCC. The CCC delayed processing this request
because it was nearing the end of long process of approving a Local Coastal Plan (LCP) for the City of
Newport Beach that would allow the City to issue CDPs within its LCP area.
In 2017, the CCC approved the City of Newport Beach’s LCP and instructed GRF to redirect its request
for an extension to the City. When that request was made, the City determined that it could not ‘extend’
the CDP because it was not the agency that issued it originally and they directed GRF to re-apply for the
CDP from the City.
GRF is currently working with the City for the re-approval of the CDP Notice of Intent and ultimately the
issuance of the Coast Development Permit. GRF anticipates that the approval process will be expedited
and result in substantially the same approval and conditions as the original CDP issued by the CCC.
Development Agreement Obligations
Section 3 of the Development Agreement for the NBCC required the payment of a Public Benefit Fee as
follows:
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9241 Irvine Boulevard, Suite 100 – Irvine, California 92618
(949) 580-3000
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1. Ninety-three thousand dollars ($93,000) per each residential dwelling unit;
2. Ten dollars ($10) per square foot of new construction to the existing tennis clubhouse.
Each of these fees is subject to the Consumer Price Index adjustments
No Change to Project Since Entitlement
There has been no significant change in the project planning or details since Tentative Map 15347 and
the related support documents were approved.
Subdivision Mapping
A Final Tract Map for Tract 15347 has been submitted to the City and County for final review, approval
and recordation. This will facilitate the subdivision and construction of the residential Villas each upon a
separate legal lot.
A Tentative Parcel Map 2016-151 for Finance and Conveyance was approved by the City on
1/26/2017. This Parcel Map allows parcels to be separately financed or sold but it does not create or
change any development rights. A Final Parcel 2016-151 has been submitted concurrently to the City
and County for final review, approval and recordation.
Site Improvements
Site Improvement Plans have been completed and are ready for submittal and review for the entire site
infrastructure inclusive of Demolition, Grading, Erosion Control, Drainage, Water Quality, Water, Sewer,
Street and Parking and the Precise Grading of the decorative hardscape and landscaping around the
tennis club and spa.
Building Plans and Permits
Building plans are complete and are being submitted for the 5 villas (as separate permits) and for the
buildings in the Tennis Club and Spa area.
Construction
It is anticipated that the construction of the initial temporary club facility, demolition, grading and
infrastructure will be commenced by the end of July 2017.
Please contact me at (949) 580-3000 x 701 with any questions or comments.
Sincerely
LAND STRATEGIES, LLC
Roy Roberson, P.E.
Managing Member
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