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HomeMy WebLinkAboutZA2025-042 - APPROVING A TENTATIVE PARCEL MAP (COUNTY TENTATIVE PARCEL MAP NO. 2025-139) FOR CONVEYANCE PURPOSES ONLY FOR PHASE 2 UPTOWN NEWPORT PLANNED COMMUNITY LOCATED AT 4321 JAMBOREE ROAD (PA2025-0110)RESOLUTION NO. ZA2025-042 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A TENTATIVE PARCEL MAP (COUNTY TENTATIVE PARCEL MAP NO. 2025-139) FOR CONVEYANCE PURPOSES ONLY FOR PHASE 2 UPTOWN NEWPORT PLANNED COMMUNITY LOCATED AT 4321 JAMBOREE ROAD (PA2025-0110) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by William A. Shopoff on behalf of Uptown Newport Jamboree LLC, property owner (Applicant), with respect to property located at 4321 Jamboree Road, and legally described as remainder portions of Parcel 1 and Parcel 4 of Parcel Map No. 2013-108 (Property), requesting approval of a tentative parcel map (TPM). 2. The Applicant proposes combining the remnants of Parcel Nos. 1 & 4 of Parcel Map No. 2013-108 into one parcel and subdivide the consolidated parcel into two parcels for conveyance purposes only for Phase 2 future development in Uptown Newport Planned Community (PC-58). No exceptions to Title 19 (Subdivisions) are requested as part of this application (Project). 3. The Property is currently occupied by Tower Semiconductor (TowerJazz) facility and is currently improved with an existing industrial building, a surface parking lot, driveways, and ancillary improvements. No development or improvements are proposed as part of this application. 4. The Property is designated Mixed-Use Horizontal 2 (MU-H2) by the General Plan Land Use Element and located within the Uptown Newport Planned Community Zoning District (PC-58). 5. The subject property is not located within the coastal zone; therefore, a coastal development permit is not required. 6. A public hearing was held on July 10, 2025, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and considered by the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. All significant environmental concerns for the proposed Project have been addressed in the previously certified Environmental Impact Report No. ER2012-001 (SCH No. 2010051094), First Addendum No. ER2012-001, and Second Addendum No. ER2020-001, and the City of Newport Beach intends to use said documents for the above noted Zoning Administrator Resolution No. ZA2025-042 Page 2 of 9 07-29-24 project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www.newportbeachca.gov/ceqadocuments. SECTION 3. REQUIRED FINDINGS. The Zoning Administrator determined in this case that the TPM is consistent with the legislative intent of Title 19 (Subdivisions) of the NBMC and is approved based on the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps) of Title 19: Finding: A. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: 1. The Property has a General Plan designation of Mixed-Use District Horizontal-2 (MU-H2) which provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. Uptown Newport Planned Community (PC-58), Development Agreement No. DA2012-003 (DA), Tentative Tract Map No. 17438 and other land use entitlements were approved on March 12, 2013, for the development of a mixed-use planned community consisting of 1,244 residential units, 11,500 square feet of neighborhood-serving retail space, and approximately two acres of public park, consistent with the uses permitted by the MU-H2 designation. The term of the DA is 15 years, with two five-year extensions. The DA became effective on April 11, 2013, and the earliest expiration could be in 2028 (2013+15). Consequently, Phase 1 Tract Map No. 17763 was recorded on June 19, 2015, for Phase 1 development. 2. On June 27, 2013, Zoning Administrator adopted Resolution ZA2013-033, approving Tentative Parcel Map No. 2013-010 filed as PA2013-085 and recorded as County Parcel Map No. 2013-108 on December 20, 2013, to allow a four-lot subdivision for conveyance purposes to accommodate PC-58 future development. The tentative parcel map also included a declaration of easements for various ingress, egress, reciprocal parking and traffic circulation, and utilities. 3. The proposed TPM will consolidate the remnants of Parcel Nos. 1 & 4 of Parcel Map No. 2013-108 into one parcel and subdivide the consolidated parcel into two parcels for conveyance purposes only for Phase 2 future development in PC-58. These underlying remnant parcels were created when Phase 1 Tract Map No. 17763 was recorded over the parcel boundaries of Parcel Map No. 2013-108. In this process, the remainder Parcel No. 1, which is a small gap of land between the boundaries of Tract Map No. 17763 and Zoning Administrator Resolution No. ZA2025-042 Page 3 of 9 07-29-24 the Parcel No. 1 boundary lines, was inadvertently created. The remnant of Parcel No. 4 is the remaining Parcel No. 4 of 2013 Parcel Map after Phase 1 Tract Map was recorded. 4. No development or improvements are requested with the proposed TPM. Any improvements within Phase 2 development will require future application submittals and approvals including recordation of subdivision map(s), prior to development of the Property pursuant to PC-58. 5. PC-58 permits the existing industrial development currently located on the subject property as an allowed interim use until the existing TowerJazz lease expires. An amendment to DA is being considered to extend its allowable term for an additional 3.5 years, from March 12, 2027, to September 12, 2030. Also, a request to exercise the DA’s first of two 5-year time extensions, pursuant to Section 5.1 (Extension) of the DA has been submitted by the applicant to extend the term of the DA to 2033. The existing light industrial use, therefore, will continue operating as a legal, nonconforming use pursuant to the Newport Beach Municipal Code. 6. The proposed TPM is for conveyance purposes in preparation for Phase 2 development and is therefore consistent with the intent of MU-H2 and phasing development allowed by PC-58. Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. No development or improvements are requested with the proposed TPM. The proposed TPM is for conveyance purposes only for the future development in Phase 2 of PC-58. Any improvements within Phase 2 development will require future application submittals and approvals including recordation of subdivision map(s), as required per PC-58. Finding: C. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision-making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Zoning Administrator Resolution No. ZA2025-042 Page 4 of 9 07-29-24 Facts in Support of Finding: 1. The Project has been reviewed and is deemed consistent with the previously certified Environmental Impact Report No. ER2012-001 (SCH No. 2010051094), First Addendum No. ER2012-001 and Second Addendum No. ER2020-001 for PC-58. Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: 1. No development or improvements are requested with the proposed TPM. Any improvements within Phase 2 development will require future application submittals and approvals, including recordation of subdivision map(s), as required by PC-58 and will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. All ordinances of the City and all Conditions of Approval will be complied with. Finding: E. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision-making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: 1. The design of the TPM will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed TPM as there are no public easements located on the Property. 2. The proposed easements are in favor of the proposed parcels for on-site access and utility purposes to accommodate future Phase 2 development and to be incompliance with Condition Nos. 2 and 3. Finding: F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision Zoning Administrator Resolution No. ZA2025-042 Page 5 of 9 07-29-24 of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: 1. The Property is not subject to the Williamson Act because the subject property is not designated as an agricultural preserve and is less than 100 acres in area. Finding: G. That, in the case of a “land project” as defined in Section 11000.5 of the California Business and Professions Code: (1) There is an adopted specific plan for the area to be included within the land project; and (2) the decision-making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: 1. The Property is not a “land project” as defined in Section 11000.5 of the California Business and Professions Code because the proposed subdivision does not contain 50 or more parcels. 2. The Project is located within PC-58 and is currently improved with the existing light industrial development. TowerJazz is a permitted interim use until its existing lease expires. The Project is for conveyance purposes only to accommodate future Phase 2 development and therefore consistent with PC-58. Finding: H. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: 1. The proposed TPM does not include development or improvements. Any future improvements within Phase 2 development, under separate entitlement application(s), will be subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: I. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City’s share of the regional housing needs and that it balances the housing needs of the region against the Zoning Administrator Resolution No. ZA2025-042 Page 6 of 9 07-29-24 public service needs of the City’s residents and available fiscal and environmental resources. Facts in Support of Finding: 1. The TPM proposes the consolation of remnants Parcel Nos. 1 & 4 of Parcel Map No. 2013-108 into one parcel and subdivide the consolidated parcel into two parcels for conveyance purposes. Although no development or improvements are requested, and any improvements will require future application submittals and approvals including recordation of subdivision map(s), the proposed TPM will accommodate the conveyance of parcels intended for the future residential development of Phase 2. Therefore, the proposed TPM will not affect the City in meeting its share of the regional housing needs. Finding: J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: 1. No development or improvements are proposed. Existing wastewater discharge into the existing sewer system are designed to comply with the Regional Water Quality Control Board (RWQCB) requirements. Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Finding: 1. The Project is not located within the Coastal Zone and therefore is not applicable in regard to conformance with the certified Local Coastal Program and public access and recreation policies of Chapter Three of the Coastal Act. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Statement of Facts, CEQA Determination and Required Findings set forth above are true and correct and incorporated herein by reference. 2. The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map filed as PA2025-0110 (County Tentative Parcel Map No. 2025-139), subject to the conditions outlined in Exhibit A, which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2025-042 Page 7 of 9 07-29-24 3. This action shall become final and effective 10 days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development by the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF JULY, 2025. Zoning Administrator Resolution No. ZA2025-042 Page 8 of 9 07-29-24 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The approval of Tentative Parcel Map (TPM) filed as PA2025-0110 (County Tentative Parcel Map No. 2025-139) shall be for financing and conveyance purposes only. Any improvements shall require future application submittals and approvals and recordation of subdivision map(s), as required per PC-58. 2. A reciprocal access and parking agreement, subject to the review and approval of the Community Development Department and City Attorney’s Office, shall be recorded prior to the recordation of TPM, to ensure access and parking will be continually provided for the existing industrial development until its lease expires and the facility is demolished, unless other arrangements can be provided to the satisfaction of Community Development. 3. The proposed 46-foot-wide access easement to Birch Street shall be maintained until a final map for Phase 2 development is recorded with a private roadway and consistent in size, design and location to accommodate the proposed future private roadway for Phase 2 development or as otherwise approved by the Community Development and Public Works Departments. 4. This TPM shall expire if the map has not been recorded within 24 months of the date of approval, unless an extension is granted by the Director of Community Development in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code. 5. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of the Uptown Newport-TowerJazz Parcel Map including, but not limited to, the TPM filed as PA2025-0110 (County Tentative Parcel Map No. 2025-139). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Zoning Administrator Resolution No. ZA2025-042 Page 9 of 9 07-29-24 Public Works Department 6. A parcel map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City’s CADD Standards. Scanned images will not be accepted. 7. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project.