HomeMy WebLinkAbout2025-17 - Approving the Third Amendment to Development Agreement No. DA2012-003 for the Property at 4321 Jamboree Road Located within Uptown Newport Planned Community (PA2025-0010)ORDINANCE NO. 2025-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING THE
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
NO. DA2012-003 FOR THE PROPERTY AT 4321
JAMBOREE ROAD LOCATED WITHIN UPTOWN
NEWPORT PLANNED COMMUNITY (PA2025-0010)
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the City Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges or procedures
granted or prescribed by any law of the State of California;
WHEREAS, an application was filed by Uptown Newport Jamboree, LLC
("Applicant") with respect to a 25.05-acre property located at 4141-4321 Jamboree
Road, 4251-4291 Uptown Newport Drive and 4288 Half Dome Place, legally described
as Parcels 1 through 4 of Parcel Map No. 2013-108 ("Property");
WHEREAS, the Applicant proposes to amend Section 4.5 (Light Industrial Land
Uses) of Development Agreement No. DA2012-003 ("Third Amendment to DA"), to
extend the existing light industrial land uses currently operating as Tower
Semiconductor (AKA TowerJazz) located within future Phase 2 of Uptown Newport
Planned Community (PC-58) by 3.5 years, from March 12, 2027, to September 12,
2030 ("Project");
WHEREAS, 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);
WHEREAS, the Property is not located within the coastal zone; therefore, a
coastal development permit is not required;
WHEREAS, the Newport Beach City Council ("City Council") adopted Ordinance
No. 2013-5 on March 12, 2013, approving the Uptown Newport Planned Community
Development Plan ("Uptown Newport PC"),
WHEREAS, the City Council adopted Ordinance No. 2013-6 on March 12, 2013,
approving Development Agreement No. DA 2012-003 ("DA") for the development of up
to 1,244 residential dwelling units, 11,500 square feet of retail commercial uses and
2.05 acres of parklands which took effect on April 11, 2013;
Ordinance No. 2025-17
Page 2 of 5
WHEREAS, the DA is dated March 12, 2013, for reference purposes, and was
recorded in the Official Records of Orange County on March 26, 2013, as document
number 2013000180939;
WHEREAS, the Applicant transferred ownership of individual parcels which
comprise the entire Property on February 14, 2014 and assigned the DA as it pertains
to Parcel 1 to TSG-Parcel 1, LLC, a Delaware limited liability company; as it pertains to
Parcels 2 and 4 to Uptown Newport Jamboree, LLC, a Delaware limited liability
company; and as it pertains to Parcel 3 to TPG/TSG Venture I Acquisition, LLC, a
Delaware limited liability company (collectively, the "Landowners") with each Landowner
agreeing to be bound by all the terms, covenants and conditions relating to the DA;
WHEREAS, the City Council adopted Ordinance No. 2015-11 on May 12, 2015,
approving the First Amendment to the DA to defer the timing of payment of public
benefit fees and park in -lieu fees to the City;
WHEREAS, the City Council adopted Ordinance No. 2024-24 on October 22,
2024, approving the Second Amendment to DA to authorize park in -lieu fee credits to
be applied towards public benefit fees in certain limited circumstances;
WHEREAS, the Applicant submitted an application on April 30, 2025, requesting
the Third Amendment to DA, which is attached hereto as Exhibit "A," and incorporated
herein by reference, to allow a 3.5-year extension of the light industrial uses located at
the TowerJazz facility, from March 12, 2027, to September 12, 2030;
WHEREAS, a public hearing was held by the Planning Commission on June 19,
2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A
notice of the time, place, and purpose of the hearing was given in accordance with
Government Code Section 54090 et seq. ("Ralph M. Brown Act") and Chapters 15.45
(Development Agreements) and 20.62 (Public Hearings) of the Newport Beach
Municipal Code ("NBMC"). Evidence, both written and oral, was presented to and
considered by, the Planning Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2025-009 by a unanimous vote (7 ayes, 0 nays), recommending the City Council
approve the Third Amendment to DA,
Ordinance No. 2025-17
Page 3 of 5
WHEREAS, a public hearing was held by the City Council on July 22, 2025, in
the City Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice
of time, place and purpose of the public hearing was given in accordance with
Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapters 15.45
(Development Agreements) and 20.62 (Public Hearings) of the NBMC. Evidence, both
written and oral, was presented to, and considered by, the City Council at this hearing;
WHEREAS, the City Council finds the Third Amendment to DA is consistent with
the General Plan and Uptown Newport Planned Community Development Plan (PC-58),
NBMC and Subdivision Map Act as the Third Amendment to DA will simply extend the
implementation of the Phase 2 development which consists of mixed housing types,
supporting retail use and a one -acre public park; and
WHEREAS, the City Council finds the Third Amendment to DA does not affect
nor make changes to the allocated number of residential units, approved uses, and
parcel and site designs allowed by the Uptown Newport PC and remains consistent with
the land uses, densities, and intensities of the Uptown Newport PC, the General Plan
Land Use designation of Mixed -Use Horizontal-2 and the Airport Business Area
Integrated Conceptual Development Plan.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows..
Section 1: The Third Amendment to Development Agreement No. DA2012-
003, which is attached hereto as Exhibit "A", and incorporated herein by reference, is
hereby approved.
Section 2: A California Environmental Quality Act ("CEQA") Consistency
Memorandum has been prepared and determined that all significant environmental
concerns for the Third Amendment 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 in
compliance with the California Environmental Quality Act ("CEQA") set forth in
California Public Resources Code Section 21000 et seq.; CEQA's implementing
regulations set forth in CCR Title 14, Division 6, Chapter 3 ("CEQA Guidelines") and
City Council Policy K- 3 (Implementation Procedures for the California Environmental
Quality Act) to ensure that the Project will not result in new or increased environmental
impacts. The CEQA Consistency Memorandum prepared for the Project is attached
hereto as Exhibit "B" and incorporated by reference.
Ordinance No. 2025-17
Page 4 of 5
The City Council finds that judicial challenges to the City's CEQA determinations
and approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge,
and bear the responsibility for any costs, attorneys' fees, and damages which may be
awarded to a successful challenger.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
Ordinance No. 2025-17
Page 5 of 5
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 22nd day of July, 2025, and adopted on the 26th day of
August, 2025, by the following vote, to -wit:
AYES
NAYS
RECUSED
Councilmember Barto, Councilmember Blom, Councilmember
Grant Councilmember Weber Councilmember Weigand
None _
Mayor Stapleton, Mayor Pro Tern Kleiman
A M ife
Joe Stapleton, ayor
APPROVED AS TO FORM:
CITY ATT RNEY'S OFFICE
C. �..._"
Aaron C. arp, City Attorn y
Attachment: Exhibit "A" —Third Amendment to Development Agreement
Exhibit "B" - CEQA Consistency Memorandum
Exhibit "A"
Third Amendment to Development Agreement
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: Citv Clerk
(Space Above This Line Is for Recorder's Use Only)
This Agreement is recorded at the request and for the
benefit of the City of Newport Beach and is exempt
from the payment of a recording fee pursuant to
Government Code Sections 6103 and 27383.
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
between
CITY OF NEWPORT BEACH
ffm
TSG-PARCEL 1, LLC, AND UPTOWN NEWPORT JAMBOREE, LLC
CONCERNING UPTOWN NEWPORT PROPERTY
6/10/2025 v2 1238697.3
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
(Pursuant to Newport Beach Municipal Code Chapter 15.45 and California
Government Code sections 65864-65869.5)
This THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (the "Third
Amendment") is dated for reference purposes as of the day of , 2025
(the "Amendment Date"), and is being entered into by and between the CITY OF NEWPORT
BEACH ("City"), on the one hand, and TSG-Parcel 1, LLC, a Delaware limited liability company,
and Uptown Newport Jamboree, LLC, a Delaware limited liability company (collectively, the
"Landowner" or "Landowners"), on the other. City and Landowners are sometimes collectively
referred to in this Second Amendment as the "Parties" and individually as a "Party."
RECTTAT,S
A. Uptown Newport LP, a Delaware limited partnership was the owner of that
certain real property located in the City of Newport Beach, County of Orange, State of California
commonly referred to as Uptown Newport, located at 4311-4321 Jamboree Road (Assessor Parcel
Nos. 445-131-02 and 445-131-03) (the "Property").
B. City and Uptown Newport LP entered into that certain Development
Agreement dated March 12, 2013, for reference purposes and recorded in the Official Records of
Orange County on March 26, 2013, as document number 2013000180939 (the "Agreement"). All
terms not otherwise defined in this Third Amendment shall have the meanings given them in the
Agreement.
C. Uptown Newport, LP transferred ownership of individual parcels that comprise
the entire Property and assigned the Agreement as it pertains to Parcel 1 to TSG-Parcel 1, LLC, a
Delaware limited liability company; as it pertains to Parcel 3 to TPG/TSG Venture I Acquisition,
LLC, a Delaware limited liability company; and as it pertains to Parcels 2 and 4 to Uptown
Newport Jamboree, LLC, a Delaware limited liability company as recorded in the Official Records
of Orange County on February 14, 2014, as document numbers 2014000060354 and
2014000060352 (the "Partial Assignment" or "Partial Assignments"). With respect to Parcel
3, the Agreement has terminated pursuant to Section 2.4 of the Agreement because (1) Parcel 3
has been finally subdivided and leased to ultimate users (residents) for a period of more than one
year, (2) a final Certificate of Occupancy has been issued for all buildings contained in Parcel 3,
(3) the duties under the Agreement and the Uptown Newport Development Plan have all been
satisfied with respect to Parcel 3, and (4) all Master Site Improvements have been completed for
Parcel 3.
D. The City Council adopted Ordinance No. 2015-11 on May 12, 2015, approving
the First Amendment to Development Agreement ("First Amendment") adjusting provisions
related to the timing of payment of public benefit fees and park in -lieu fees which was recorded in
the Official Records of Orange County on July 6, 2015, as document number 2015000349840.
E. The City Council adopted Ordinance No. 2024-24 on October 22, 2024,
approving the Second Amendment to Development Agreement ("Second Amendment") to add
Section 4.6 (Park In -Lieu Fee Credits) to authorize park in -lieu fee credits be applied towards
public benefit fees certain limited circumstances.
2
F. With the transfer of ownership of Parcels 1-4, the legal description of the
Property as described in Exhibit "A" to the Agreement remains the same, however, new street
addresses and Assessor Parcel Nos. were established as set forth in Exhibit "C" to the Second
Amendment, as modified in Exhibit "C" to this Third Amendment.
G. The Parties now wish to enter into this Third Amendment to extend the existing
light industrial land uses currently operating as Tower Semiconductor (AKA TowerJazz) located
within future Phase 2 of Uptown Newport Planned Community (PC-58) by 3.5 years, from March
12, 2027, to September 12, 2030.
H. On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled
"Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code Regarding
Development Agreements" (the "Development Agreement Ordinance"). This Third
Amendment is consistent with the Development Agreement Ordinance.
I. This Third Amendment is consistent with the City of Newport Beach General
Plan, including without limitation the General Plan's designation of the Property as "Mixed -Use
Horizontal-2," Airport Business Area Integrated Conceptual Development Plan, and the Uptown
Newport Planned Community Development Plan.
J. On June 19, 2025, the Planning Commission held a properly noticed public
hearing on this Third Amendment and considered the testimony and information submitted by City
staff, Landowners, and members of the public. On June 19, 2024, consistent with applicable
provisions of the Development Agreement Statute and Development Agreement Ordinance, the
Planning Commission adopted Resolution No. PC2025-009, recommending the City Council
approve this Third Amendment.
K. In recognition of the significant public benefits that the Agreement, as
amended, provides, the City Council has found that this Third Amendment: (i) is consistent with
the City of Newport Beach General Plan as of the date of the Agreement, the First Amendment,
the Second Amendment, and this Third Amendment; (ii) is in the best interests of the health, safety,
and general welfare of City, its residents, and the public; (iii) is entered into pursuant to, and
constitutes a present exercise of, City's police power; (iv) is consistent and has been approved
consistent with the final Environmental Impact Report (No. ER2012-001) (SCH#2010051094)
("EIR") that has been certified by the City Council on or before the Agreement Date, which
analyzed the environmental effects of the proposed development of the Project on the Property,
and all of the findings, conditions of approval and mitigation measures related thereto; and (v) is
consistent and has been approved consistent with provisions of California Government Code
section 65867 et seq. and Chapter 15.45 of the Newport Beach Municipal Code.
L. On July 22, 2025, the City Council held a properly noticed public hearing on
this Third Amendment and considered the testimony and information submitted by City staff,
Landowners, and members of the public. On August 26, 2025, consistent with applicable
provisions of the Development Agreement Statute and Development Agreement Ordinance, the
City Council held second reading and adopted Ordinance No. 2025- , finding the Third
Amendment to be consistent with the City of Newport Beach General Plan and approving this
Third Amendment.
3
AGREEMENT
NOW, THEREFORE, City and Landowners agree as follows:
Section 4.5 (Light Industrial Land Uses) of the Agreement is hereby amended
as follows:
"4.5 Light Industrial Land Uses.
Light industrial land uses will cease on the Property as of September 12, 2030."
2. All of the Recitals in this Third Amendment are incorporated into the
Agreement. Exhibits A and B are attached to the original Agreement and Exhibit C, which is
attached hereto and incorporated by reference to this Third Amendment. Exhibits A through C are
incorporated by reference to the Agreement, First Amendment, Second Amendment and this Third
Amendment as follows:
EXHIBIT
ESCRIPTION
ESIGNATION
Legal Description of Property
Depiction of the Property
Addresses and Assessor Parcel Numbers
CProperty
3. Full Force and Effect. Except as modified by this Third Amendment, the
Second Amendment, First Amendment, and Agreement shall remain in full force and effect.
4. Recitals. The Recitals set forth above are true and correct and incorporated
herein by reference.
5. Counterparts. This Third Amendment may be signed by the Parties in
different counterparts and the signature pages combined shall create a single document binding on
all Parties.
6. Recordation. The City Clerk of City shall record this Third Amendment in the
Office of the County Recorder of the County of Orange within the period required by California
Government Code section 65868.5 and City of Newport Beach Municipal Code section
15.45.100. The date of this Third Amendment and the date of recordation of this Third Amendment
shall not modify or amend the Effective Date or the Termination Date of the Agreement.
[SIGNATURE PAGE FOLLOWS]
4
LANDOWNERS SIGNATURE PAGE TO
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
"LANDOWNERS"
UPTOWN NEWPORT JAMBOREE, LLC,
a Delaware limited liability company
Name:
Title:
Name:
Title:
TSG-PARCEL 1, LLC,
a Delaware limited liability company
Name:
Title:
Name:
Title:
CITY SIGNATURE PAGE TO
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
"CITY"
CITY OF NEWPORT BEACH
Joe Stapleton, Mayor
ATTEST:
Molly Perry, Interim City Clerk
APPROVED AS TO FORM:
Aaron C. Harp, City Attorney
Attachment: Exhibit C - Property Addresses and Assessor Parcel Numbers
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
r,•
State of California
County of
On , 20 before me, , Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
State of California
County of
On , 20 before me, , Notary Public,
personally appeared , proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
EXHIBIT C
PROPERTY ADDRESSES AND ASSESSOR PARCEL NUMBERS
APNs:
445-134-01 thru 16, 18 thru 34, and 36
445-133-07 and 08
Addresses:
4141 Jamboree
4201 Jamboree
4301 Jamboree
4321 Jamboree
4251, 4261, 4271, 4281, 4291
Uptown Newport Drive
4288 Half Dome Place
Exhibit "B"
CEQA Consistency Memorandum
8 f"Lp%
00
TECHNICAL MEMORANDUM
DATE May 27, 2025
TO Community Development Department
City of Newport Beach
ADDRESS 100 Civic Center Drive
Newport Beach, CA 92660
CONTACT Rosalinh Ung, Principal Planner
FROM JoAnn Hadfield, Principal
SUBJECT CEQA Environmental Review for the Proposed Revision to the Uptown
Newport Development Agreement (3`d Amendment) to Extend Tower Jazz
Operations 3.5 Years
PROJECT NUMBER CNB-27
PURPOSE OF THIS MEMORANDUM
The purpose of this memorandum is to document PlaceWorks' review of applicable environmental
documentation and processes pursuant to the California Environmental Quality Act (CEQA) to determine
whether the proposed 3rd Amendment to the Uptown Newport Development Agreement (proposed project)
is within the scope, and consistentwith, the previous entitlement approvalsforthe Uptown Newport Planned
Community (PC-58). The discussion includes the following:
u Background - Uptown Newport Environmental Review to -date
u Proposed Project — description of the proposed amendment to the Uptown Newport Development
Agreement.
EIR Phasing Assumptions and Analysis
Uptown Newport Development Status
Proposed Project Consistency Review — review of the currently proposed project with respect to the
permitted land uses, environmental analysis and regulatory requirements described in the Uptown
Newport EIR as addended.
Conclusion —summary of whether the proposed project is consistent and within the scope of the Uptown
Newport EIR as addended.
3 MacArthur Place, Suite 1100 1 Santa Ana, California 92707 1 714.966.9220 1 PlaceWorks.com
PLACEWORKS
BACKGROUND — UPTOWN NEWPORT ENVIRONMENTAL REVIEW
The subject property is located in the Airport Area and approximately 25.05 acres in size. The site is
surrounded to the north, west, and south by commercial/office uses within the Koll Center Newport office
park. Jamboree Road borders the eastern property line and the University of California, Irvine North Campus.
The Uptown Newport Planned Community, among other entitlements, was approved on March 12, 2013,
and the original Environmental Impact Report (EIR) was certified on February 26, 2013 (State Clearinghouse
No. 2010051094) for the removal existing office and industrial uses and construction of 1,244 residential
units, 11,500 square -feet (SF) of neighborhood -serving retail space and approximately two acres of public
park in two primary phases. Subsequently, two EIR Addendums were approved as described below:
» Addendum No. 1 to the Uptown Newport EIR — addresses alternative and phasing of the 11,500 square -
foot commercial component, which included the elimination of commercial component on Lot 3 of Tract
Map 17763 and replacement of 7 additional residential units; relocation of 3,500 square -foot retail use to
Lot 2 and 3,000 square -foot retail use to Lot 1 of Phase 1, and remaining commercial component to be
developed in Phase 1 and/or Phase 2. Approved March 23, 2017.
» Addendum No. 2 to the Uptown Newport EIR — addresses construction of a room/enclosure within an
existing building for an existing TowerJazz's 2,230-gallon anhydrous ammonia tank (alternative mitigation
in comparison to EIR). Approved July 28, 2020.
PROPOSED PROJECT
The applicant proposes to extend the terms ofTowerJazz's lease agreement by seeking a 3.5-year extension
of the original termination date. This request is to extend the sunset date stated the Development Agreement
from March 12, 2027, to September 12, 2030.
» An amendment to the Uptown Newport Development Agreement (3rd amendment) to extend the Sunset
date of TowerJazz Semiconductor operations to September 12, 2030.
The proposed project would not alter any of the land uses approved for the project site. Changes would be
limited to an extension of the timeline for buildout of the development as assumed in the EIR.
EIR PHASING ASSUMPTIONS AND ANALYSIS
The following are the land use statistics by phase as included in Chapter 3, Project Description, of the Uptown
Newport EIR (Table 3.2):
Uptown Newport Land
Use Summary (EIR Table
3.2)
Phase 1
Phase 2
Total
Number of Units
680
564
1,244
Developable Area (ac.)
8.65
10.02
18.67
Park Area (ac.)
1.03
1.02
2.05
Retail (sf)
11,500
0
11,500
Right of Way Area (ac.)
2.61
1.72
4.33
Total Area (ac.)
12.29
12.76
25.05
May 27, 2025 1 Page 2
The EIR describes the proposed General Phasing of the project as follows:
The project would be developed in two primary phases, as shown on Figure 3-6, Site Plan
and Phasing Plan, and detailed in Table 3-2, Land Use Summary. The first phase of the
project is projected to commence in 2013 and be completed by 2018. Timing for Phase 2
would be contingent on the existing lease of the TowerJazz building, which is currently set
to expire in March 2017, but could be extended to as late as March 2027. This DEIR
conservatively assumes that Phase 2 could commence as early as spring 2017 with buildout
through 2021.
The operation of the TowerJazz facility, an existing semiconductor manufacturing facility,
is expected to continue as an interim use after the development of Phase 1. This DEIR,
therefore, addresses the potential impacts of the Phase 1 development (an interim
condition with 680 residential units and 11,500 square feet of commercial uses) operating
adjacent to the TowerJazz facility. Similarly, an SCE substation at the northwest corner of
Fairchild Road and Jamboree Road would remain after Phase 1 development and be
eliminated during Phase 2 development.
Figure 1-1 shows the approved Phasing Plan for the project. Note that the retail use location in Lot 2 was
revised per the March 2017 EIR Addendum to highlight portions to be developed in Phase 1 and Phase 2.
UPTOWN NEWPORT DEVELOPMENT STATUS
As of May 2025, Phase 1 located on the westerly side of the property is nearly completed with a total of 548
units allotted to the following projects that are in various improvement stages:
» One Uptown Newport. a 458-unit apartment project inclusive of 92 affordable units (completed and
occupied);
Parkhouse Residences. a 30-unit condominium project (near completion);
» Uptown Newport Residences. a 60-unit condominium project (entitled); and
» Phase 1 Park. a one -acre public park (improved and open to public).
None of the retail use has been developed.
After the approval of Uptown Newport Planned Community, the entitlement for 77 Phase 1 units was
transferred to the 1300 Bristol residential project within the same statistical area of the City. The remaining
entitlement for Uptown Newport Phase 1 unbuilt units is therefore 55 units.
Phase 2 is located on the easterly side of the property and currently occupied by TowerJazz Semiconductor
and its ancillary uses. Phase 2 will not be developed until the TowerJazz lease expires, and this use has
vacated from the project site. Phase 2 will include the remaining residential uses allocated in Phase 1 (55
units), the 564 units allocated for Phase 2, and the one -acre park and 11,500 SF commercial/retail use.
PROPOSED PROJECT CONSISTENCY REVIEW
As summarized above, development thus far has occurred within the development envelope defined and
analyzed for each project phase in the EIR. Also as described, future Phase 2 development is now proposed
to include some development originally proposed for Phase 1. With the proposed Development Agreement
May 27, 2025 1 Page 3
Q PLACEWORKS
Amendment, the next phase, including full build -out of the project, would be extended by approximately 3.5
years in comparison to the description in the EIR.
Although the EIR described the potential TowerJazz lease extension to 2027, inclusive of two 5-year lease
extensions, the EIR analyzed the construction schedule assuming buildout under expiration of the lease in
2017,. It concludes that this would be the most conservative analysis as the impacts would be more
concentrated. Under this scenario, it was assumed that there would be some overlap of the construction
schedule for the two phases (during 2017 and 2018). Under the 2027 lease expiration, there would be no
overlap of the construction phases and related impacts.
As with the extended lease agreement to 2027 considered in the EIR, under the proposed Development
Agreement Amendment extending Tower Jazz's lease until September 12, 2030, there would be no
construction overlap between Phase 1 and Phase 2. This would reduce the impacts as analyzed in the EIR.
For example, the daily maximum air quality and greenhouse gas emissions quantified for the project would
be reduced since they would only reflect the maximum daily for activities for each phase independently.
Since there are no land use changes proposed in the Development Agreement Amendment, the project
would not affect any of the EIR analysis related to operational impacts (e.g. air quality, GHG, public service,
utilities). Similarly, the proposed DAAmendment would not affectthe area disturbed by the proposed project
or the physical resources that could be impacted. Since none of the Phase 2 land uses would be developed
until the TowerJazz facility is vacated and related hazards are remediated as described in the EIR, the lease
extension would not alter the impacts as analyzed and mitigated pursuant to the EIR.
Furthermore, approval of the DA Amendment would not alter the findings of the cumulative impact analyses
throughout the EIR. Although the full impact of the project would be extended, the total, incremental impact
of the project on the environment upon buildout would not change. The net impact would be the same as
analyzed in the EIR. Additionally, as the Uptown Newport Planned Community is entitled, the impact
contribution of this project has been/will be included in the environmental assessment for future projects as
a related project for cumulative analyses.
CONCLUSION
Based on our review as documented above, the proposed revision to the Uptown Newport Development
Agreement (3rd Amendment) to extend TowerJazz operations approximately 3.5 years is consistent
within the scope of the certified, February 2013, Uptown Newport EIR, as addended, for this project. No
additional environmental review pursuant to CECA is required.
May 27, 2025 1 Page 4
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH !
I, Molly Perry, Interim City Clerk City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being
Ordinance No. 2025-17 was duly introduced on the 22nd of July, 2025, at a regular meeting, and adopted
by the City Council at a regular meeting duly held on the 26th day of August, 2025, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Councilmember Michelle Barto, Councilmember Noah Blom,
Councilmember Robyn Grant, Councilmember Sara J. Weber, and
Councilmember Erik Weigand
NAYS: None
RECUSED: Mayor Pro Tempore Kleiman and Mayor Stapleton
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 27th day of August 2025.
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Molly Perry, Interim City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2025-17 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in the Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: July 12, 2025
Adopted Ordinance: August 16, 2025
In witness whereof, I have hereunto subscribed my name this 27th day of August, 2025.
A�aA
oily Perry, MP , tMC
City Clerk
City of Newport Beach, California