HomeMy WebLinkAbout20190228_ZA_Staff ReportCITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 28, 2019
Agenda Item No. 2
SUBJECT: Newport Beach Country Club – Tennis Club Site
Annual Development Agreement Review
Development Agreement No. DA2008-001 (PA2016-196)
SITE
LOCATION: 1602 East Coast Highway
APPLICANT: Roy Roberson of Land Strategies, LLC
OWNER: Golf Realty Fund – O Hill Properties
PLANNER: Makana Nova, Associate Planner
949-644-3249, mnova@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
Coastal Land Use Category: MU-H3/PR (Mixed-Use Horizontal/Parks & Recreation)
Coastal Zoning District: PC-47 (Newport Beach Country Club Planned Community)
General Plan: MU-H3/PR (Mixed-Use Horizontal/Parks & Recreation)
Zoning District: PC-47 (Newport Beach Country Club Planned Community)
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 (Development
Agreements, Periodic Review) 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
4)Find that the applicant has demonstrated good faith compliance with the terms of
Development Agreement No. DA2008-001.
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NBCC Annual Review of DA2008-001 (PA2016-196)
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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, five single-unit residential dwellings, a 3,725-square-foot tennis
clubhouse and a 7,490-square-foot spa/fitness center, retaining six 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 (NBCC) that includes the adjacent
NBCC Golf Club 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
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.
The subject property is located in a coastal zone. 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 subsequently expired. Since the City’s Local Coastal
Program was certified in 2016 by the Coastal Commission, the applicant was required to
obtain a coastal development permit (CDP) with the City. On November 20, 2018, the
Zoning Administrator approved Coastal Development Permit No. CD2017-039 (PA2017-
091) to allow demolition of existing structures on-site, redevelopment of the tennis club
site, and associated subdivisions within the Coastal Zone.
Building and grading plans for the construction of the single-family homes, tennis
clubhouse, spa, and stadium-center tennis court were submitted in December of 2016
and most recently resubmitted in November of 2018. Permits have not been issued to
date. The final map has been submitted to the City for review; the applicant is finalizing
the approved parcel map for signatures and recordation.
DISCUSSION
Section 15.45.080 (Periodic Review) 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 not remained in good faith with the terms of the agreement; the
Zoning Administrator should refer the matter to the City Council.
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NBCC Annual Review of DA2008-001 (PA2016-196)
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This DA review covers the Tennis Club Site from March 2017 to January 2019.
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 applicable building permits:
Ninety-three thousand dollars ($93,000) per 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, financing parcel map, and coastal
development permit. To date, no public benefit 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.
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.
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NBCC Annual Review of DA2008-001 (PA2016-196)
Zoning Administrator, February 28, 2019
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Prepared by:
GR/mkn
Attachments: ZA 1 Vicinity Map
ZA 2 Annual Report
ZA 3 Development Agreement
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Attachment No. ZA 1
Vicinity Map
5
VICINITY MAP
Annual Development Agreement Review No.
DA2008-001
(PA2016-196)
1602 East Coast Highway
Subject Property
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Attachment No. ZA 2
Annual Report
7
f
LAND STRATEGIES, LLC
Makana Novoa I Rosalinh Ung
City of Newport Beach -Community Development
100 Civic Drive
Newport Beach, CA 92660
via e-mail 2-ooi-q'I
Subject Annual Report for Development Agreement DA 2840-008"'
Newport Beach Country Club
Tennis Club, Spa, Villas and Bungalows -Tract 15347
Dear Makana and Rosalinh, c 1 ,,.1\ l '2,o<.?1},... o-
'
November 13, 2018
Pursuant to Section 7 of Development Agreement D~-008';' 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 2017 to November 2018.
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 Local Coastal Plan (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 submitted a new application for Coastal Development Permit No. CD2017-039 (PA2017-091) on
May 1, 2017. That application is scheduled for consideration by the Zoning Administrator on November
20, 2018. Because there has been no change to the project other than the approving entity shifting from
the California Coastal Commission to the City of Newport Beach, the application is expected to be
approved with substantially the same conditions as the original CDP issued by the CCC.
9241 Irvine Boulevard, Suite 100-Irvine, California 92618
(949} 580-3000
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January 2019
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Development Agreement Obligations
Section 3 of the Development Agreement for the NBCC required the payment of a Public Benefit Fee as
follows:
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 Final Map will facilitate the subdivision and construction of the residential Villas
each upon a separate legal lot. The County Survey Department has "called for mylars" indicating that they
are ready to sign the final map. The City's final review and approval is subject to the approval of the new
CDP.
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. The County Survey Department has "called for
mylars" indicating that they are ready to sign the final map and the property owners have signed it. The
City's final review and approval is subject to the approval of the new CDP.
Site Improvements
Site Improvement Plans have been completed and submitted for review on October 10, 2018 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 plus the Dry Utilities and Landscaping.
Building Plans and Permits
Building plans are complete and are being processed for the 5 villas (as separate permits) and for the
buildings in the Tennis Club and Spa area.
There are a considerable number of applications and permits being processed simultaneously for this
property including the following:
PA2016-124
X2016-4268
X2016-4269
PA2016-4268
X2016-4266
X2016-4267
PA2005-140
X2016-4211
9241 Irvine Boulevard, Suite 100 -Irvine, California 92618
(949) 580-3000
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X2016-4212
X2016-4213
X2016-4214
RCP0007407
2016-2876
2016-2877
2016-2878
2106-2879
2016-2880
2016-2889
2016-2927
2016-2928
Each of these generates plan check comments from as many as 12 different departments/staff at the City
plus several outside agencies.
Construction
It is anticipated that the construction of the initial temporary club facility, demolition, grading and
infrastructure will be commenced by the end of 2018.
Please contact me at (949) 580-3000 x 701 with any questions or comments.
Sincerely
LAND STRATEGIES, LLC
Roy Roberson, P.E.
Managing Member
9241 Irvine Boulevard, Suite 100 -Irvine, California 92618
(949) 580-3000
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Attachment No. ZA 3
Development Agreement
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