HomeMy WebLinkAbout2001-12 - Approving a Zoning Amendment Increasing the Maximum Allowable Building Square Footage in Office Site B of the Koll Center Newport Planned Community [Zoning Amendment No. 905].ORDINANCE NO. 2001 -12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING A ZONING
AMENDMENT INCREASING THE MAXIMUM
ALLOWABLE BUILDING SQUARE FOOTAGE IN OFFICE
SITE B OF THE KOLL CENTER NEWPORT PLANNED
COMMUNITY [ZONING AMENDMENT 9051
WHEREAS, Koll Center Newport Number A ( "Developer'), 1900 Main Street, Suite 350,
Irvine, California, has applied to the City of Newport Beach ( "City") for a General Plan
Amendment (GPA 97 -3(B)) and a Zoning Amendment for "Office Site B" of the Koll
Center Newport (KCN) Planned Community in order to allow future additional
development on Parcel 1 of PMB 114/22 -24 and Parcels 1, 2, and 7 of PMB 181/13 -19;
and
WHEREAS, the proposed Amendment to the Koll Center Newport Planned Community
text would increase the maximum allowable building floor area in KCN Office Site B to a
total of 1,201,349 net square feet while eliminating restaurant and retail - service uses;
and
WHEREAS, on August 3 and September 7, 2000 and June 7, 2001, the Planning
Commission held duly- noticed public hearings, and, at the conclusion of the hearing and
after considering the evidence and arguments submitted by the City staff, Developer,
and all interested parties, adopted a resolution recommending that the City Council
approve the Zoning Amendment; and
WHEREAS, on June 26, 2001, the City Council held a public hearing and considered
the Zoning Amendment, the recommendation of the Planning Commission, and the
evidence and arguments submitted by the City staff, Developer, and all interested
parties a notice of time, place and purpose of the public hearing was duly given and
testimony was presented to and considered by the City Council at the public hearing.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: ENVIRONMENTAL REVIEW. Pursuant to CEQA and the CEQA
Guidelines, an Environmental Impact Report (EIR) has been prepared for this project.
After reviewing the EIR, all comments received during the public review process, and all
responses to those comments, the City Council has certified the EIR as complete,
reflecting the independent judgment of the City of Newport Beach. All records pertaining
to preparation, review, and comment on the EIR are retained in the Planning
Department of the City of Newport Beach.
SECTION 2: FINDINGS. The City Council finds as follows with regard to Zoning
Amendment 905:
1. The amendment is consistent with the General Plan assuming that GPA 97 -3(B)
is approved by the electorate pursuant Section 423 of the City Charter in that it
provides for an increase in square footage commensurate with that allowed by
GPA 97 -3(B).
2. The internal consistency of the Planned Community text will be retained in that all
development square footages and open space acreages have been adjusted to
retain appropriate development and open space percentages.
SECTION 3: ZONING AMENDMENT.
1. The City Council hereby adopts, by reference, the CEQA- required "Statement of
Findings ", attached as Exhibit "EIR -1" to the resolution certifying the project
Environmental Impact Report (EIR). The Statement of Findings constitutes a set
of binding obligations effective upon this project approval. Pursuant to Section
15091 of the State CEQA Guidelines, the Statement of Findings summarizes the
impacts of the project, the mitigation measures required to avoid or substantially
lessen each of those impacts, and the "substantial evidence in the record"
supporting the finding of each such impact which will be avoided or substantially
lessened.
2. The City Council hereby adopts, by reference, the "Statement of Overriding
Considerations ", attached as Exhibit "EIR -2" to the resolution certifying the
project Environmental Impact Report. The EIR identifies certain environmental
impacts of the project which cannot be avoided or substantially lessened. The
City Council has balanced these significant adverse environmental impacts
against environmental benefits and other benefits resulting from approval of the
proposed Project, which are identified in the Statement of Overriding
Considerations, and hereby finds that the benefits override the identified adverse
environmental impacts.
3. The City Council hereby adopts, by reference, the "Mitigation Monitoring and
Reporting Program" (MMRP), attached as Exhibit "EIR -3" to the resolution
certifying the project Environmental Impact Report, and directs that mitigation
measures be implemented in accordance with the MMRP.
4. In light of the preceding findings and actions, the City Council hereby approves
Zoning Amendment 905, consisting of the amendments to the Koll Center
Newport Planned Community Development Standards specified in Exhibit "ZA -1 ",
attached hereto, subject to the mitigation measures identified in the
Environmental Impact Report and listed in Exhibit "EIR -5" as conditions of
approval of the Zoning Amendment, as stipulated in Exhibit "ZA -1 ".
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the
City, and the Ordinance shall become effective upon certification by the City Clerk to the
2
City Council that GPA 97 -3(B) has been approved by the electorate pursuant to Section
423 of the City Charter.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on July 10, 2001 and adopted on July 24, 2001 by the following vote,
to wit:
ATTEST:
CITY CLERK
AYES, COUNCIL MEMBERS
O'Neil,
Ridgeway, Glover, Mayor Adams
NOES, COUNCIL MEMBERS Heffernan,
Bromberg, Proctor
ABSENT COUNCIL MEMBERS None
MAYOR �wroll -S
3
EXHIBIT ZA -1:
KOLL CENTER NEWPORT PLANNED COMMUNITY
TEXT AMENDMENT (AMENDMENT NO. 905)
The Planned Community Development Standards for Koll Center Newport is amended as follows:
Page 1:
DEVELOPMENT CONSIDERATIONS
First Two Paragraphs: [No changes]
Insert New Third Paragraph: "All development and land use within the Koll Center Newport
Planned Community shall be subject to implementation of the
mitigation measures specified in the applicable Environmental
Impact Report Mitigation Monitoring and Reporting Program
(MMRP) for that project and /or land use (including, but not limited
to, the MMRP related to EIR No. 158 for the Koll Office Site B
expansion project)." (TBD)
Remainder of Section on [No changes]
"DEVELOPMENT
CONSIDERATIONS"
Pages 1416:
PART II. COMMERCIAL
Section I. Site Area and Building Area
Interior noise shall be mitigated to the levels prescribed in the Airport
Environs Land Use Plan and the City of Newport Beach General Plan Noise
Element. Also, rooftop obstruction lighting shall be provided for buildings ten
stories or higher in accordance with Federal Aviation Administration
standards.
Group I. PROFESSIONAL & BUSINESS OFFICES
Acreages shown are net buildable land area, including landscape
setbacks with property lines. (4)
A. Building Sites [No changes]
B. Allowable Building Area
Note: Building areas shown in this Part II are net floor areas,
excluding non - habitable space such as equipment rooms,
elevator shafts, stairwells, etc. (Net floor areas shall generally
be taken as 95 percent of gross floor area.)
0
Site A:
340,002 square feet (16)
Site B:
1,201,349 square feet (13)(16) (TBD)
Site C:
674,800 square feet (10)(15)
Site D:
240,149 square feet (8)(13)
Site E:
32,500 square feet (4)
Site F:
24,300 square feet (4)
Site G:
45,000 square feet (8)
2,558,100 square feet (15) (TBD)
C. Statistical Analysis (4)
The following statistics are for information only. Development may
include but shall not be limited to the following:
Story heights shown are average heights for possible development.
The buildings within each parcel may vary.
Assumed Parking Criteria:
a. [No changes]
b. For Sites A, B and C, the Parking Pool Exception of Part
III, Section I -B shall apply: (11) (TBD)
• For the first 125,000 square feet, parking shall be
provided at one space per 250 square feet of net floor
area.
• For the next 300,000 square feet, parking shall be
provided at one space per 300 square feet of net floor
area.
• For any additional floor area, parking shall be provided
at one space per 350 square feet of net floor area.
C. Parking structures within commercial and office sites shall
incorporate the following design features in order to soften
their visual impacts:
• The sides of parking structures open to public view shall
be textured and colored or faced with brick or other
material consistent with the structure's associated
buildings. Exposed, uncolored concrete sides shall be
avoided.
• Linear planters and/or trellises with shrubs and
cascading vines shall be provided along the outside of
parking levels visible from public roadways.
• For the two-level parking structure in Office Site B
nearest the intersection of MacArthur boulevard and
5
2.
Jamboree Road, trees within planters and /or trellis
structures with trailing vines shall be provided within the
interior of the top parking level. Also, the finish grade of
the top level of this parking structure shall substantially
match and follow the pre- existing surface grade and shall
not extend more than two feet above the pre-existing
surface grade at any point.
In Office Site B, in order to ensure implementation of the
preceding design features, site, grading, landscape, and
architectural plans for both parking structures in that Site
shall be submitted by the developer to the Planning
Commission for review and approval prior to the
issuance of any building permits. These plans shall
conform to the preceding design requirements and the
applicable development agreement.
Site A [No changes]
Site B
Allowable Building Area: 1,201,349 net square feet (13)(16) (TBD)
Site Area: 43.703 acres (4)(11)
a. Building Height
Two story development
Three story development
Four story development
Five story development
Six story development
Seven story development
Eight story development
Nine story development
Ten story development
Eleven story development
Twelve story development
b. Parking
3,719 cars
c. Landscaped Open Space
Two story development
Three story development
Four story development
Five story development
Six story development
Seven story development
Eight story development
Nine story development
Ten story development
Eleven story development
0
Land Coverage (16) (TBD)
13.93 acres
9.29 acres
6.97 acres
5.57 acres
4.64 acres
3.98 acres
3.48 acres
3.10 acres
2.79 acres
2.53 acres
2.32 acres
Land Coverage (11)(13)(16)(TBD)
19.35 acres
(11) Land Coverage (11)(13)(16)(TBD)
10.42 acres
15.06 acres
17.38 acres
18.78 acres
19.71 acres
20.37 acres
20.873 acres
21.25 acres
21.56 acres
21.82 acres
Twelve story development 22.03 acres
[No changes in remainder of Paragraph C]
Pages 21 -24:
Group V. RESTAURANTS (1)(4)
A. Building Sites
B.
[a]
Maximum acreages for Site 2 shall not exceed 1.25 (18)
acres. Maximum acreage for Site 3: 1.765 acres. Maximum
acreages for Sites 4 and 5 shall not exceed 3.0 acres.
Maximum acreage for Sites 6 and 7 shall not exceed 2.2
acres. (8)
(The following acreages are for information only.)
Site 1 Deleted (see Group VII) (18)
Site 2 transferred to office use (TBD)
Site 3 1.765 acres
Site 4 1.50 acres
Site 5 1.50 acres
Site 6 1.50 acres (8)
Site 7 0.70 acres (8) 6.965 acres (TBD)
Site 1 Deleted see Group VII Private Club (18)
Site 3 located within Office Site "F". (4)
Sites 4 and 5 located within Office Site "B ". (4) (16) (TBD)
Sites 6 and 7 located within Office Site "G ". (8)
Any portion or all of the restaurant, bar, theater /nightclub acreage for
Sites 4, 5, 6, or 7 not utilized for that purpose shall revert to
professional and business office use. Any portion or all of the
restaurant acreage for Site 3 not utilized for that purpose shall revert
to either professional and business office use or service station
use.(4)(8) (18)
The following statistics are for information only. Development may
include but shall not be limited to the following:
Building Area (4)
Site 3
10,000 sq. ft.
0.22 acres
Site 4
7,000 sq. ft.
0.16 acres
Site 5
7,000 sq. ft.
0.16 acres
Site 6 (8)
7,000 sq. ft.
0.16 acres
Site 7 (8)
3,000 sq. ft.
0.07 acres
Total:
34,000 sq. ft.
0.78 acres(8)(18)(TBD)
Parking
7
Group VI
Criteria:
300 occupants/10,000 sq. ft.
1 space /3 occupants and 120 cars per acre.
Site 3
100 cars 0.84 acres
Site 4
70 cars 0.58 acres
Site 5
70 cars 0.58 acres
Site 6 (8)
70 cars 0.58 acres
Site 7 (8)
30 cars 0.25 acres
Total:
340 cars 2.83 acres(8)(18)(TBD)
D. Landscaped Open Space (4)
Site 3
0.70 acres
Site 4
0.76 acres
Site 5
0.76 acres
Site 6 (8)
0.76 acres
Site 7 (8)
0.38 acres
Total:
3.36 acres (8)(18)(TBD)
E. Building Height
Building height of structures shall be limited to a height of thirty -five
(35) feet.
RETAIL & SERVICE CENTER
A. Building Sites (4) (5) (TBD)
Site 1: 5.026 acres
5.026 acres
B. Allowable Building Area (5) (TBD)
"Retail Site No.1 (sq. ft.) 102,110 sq. ft. (14)
[No changes in remainder of Paragraph B.]
C. Landscape Area (5)
Twenty -five (25) percent of the 5.026 acres constituting retail and
service center Site No. 1 shall be developed as landscape area.
If twenty -five (25) percent of the 5.026 acres constituting retail and
service center Site No. 1 is not developed as landscape area, a
speck site plan shall be submitted to the City of Newport Beach
Planning Commission for approval prior to the issuing of a building
permit.
D. Statistical Analysis (5)
The following statistics are for information only. Development may
include but shall not be limited to the following.
E
Assumed parking criteria: One (1) space per 200 square feet of net
building area at 120 cars per acre.
1. Site 1 [No change]
2. Site 2 (TBD)
E. Building Height
Building height of structures shall be limited to a height of
thirty -five (35) feet above mean existing grade as shown on
Exhibit "B ". (5)
Page 52:
(in PART Vl, Add the following amendment footnote.]
(TBD) Planned Community Text revisions (Amendment No.905, adopted
Ordinance ) including the following changes:
a. Increase the allowable building area in Professional and Business Office
Site 'B"
by 237,500 net square feet.
b. Convert Restaurant Site 2 (5,000 net square feet) to professional and
business office use within Office Site "B ".
c. Convert Retail and Service Center Site 2 (10,000 net square feet) to
professional and business office use within Office Site "B ".
F:\ users\cat\shared \da \Ordinance \KollZoningC lean.doc
J]
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, 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. 2001 -12 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
24th day of July 2001, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Ridgeway, Glover, Mayor Adams
Noes: Heffernan, Bromberg, Proctor
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of July 2001.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2001 -12 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 daily
newspaper of general circulation on the following date, to wit: July 28, 2001.
�j In witness whereof, I have hereunto subscribed my name this �w day of
rlu� <� , 2001.
0�( /�� - ,Wa<�
City Clerk
City of Newport Beach, California