HomeMy WebLinkAbout2010-12 - Approving Planned Community Amendment No. PD2010-004 (PA2010-062) to the Bayview Planned Community (PC-32)ORDINANCE NO. 2010-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA APPROVING PLANNED
COMMUNITY AMENDMENT NO. PD2010 -004 (PA2010 -062)
TO THE BAYVIEW PLANNED COMMUNITY (PC -32)
WHEREAS, an application was filed by Rick Wood on behalf of SK Hart Bayview
LLC., with respect to property located at 3501 Jamboree Road and 301 Bayview Circle,
and legally described as Lot 3, Tract 12528 and Lot 7 Tract 12528 requesting approval
of a Planned Community Amendment No. PD2010 -004 and a traffic study pursuant to
the City's Traffic Phasing Ordinance; and
WHEREAS, The application proposes the following changes to the Bayview
Planned Community (PC -32) to add medical office and outpatient surgery as permitted
uses and to add a parking requirement ratio of 1/200 square feet for such uses; and
WHEREAS, the Planning Commission of the City of Newport Beach, California
held duly noticed public hearing on the application on June 3, 2010, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California; and
WHEREAS, the Planning Commission considered evidence, both written and
oral, at these meetings; and
WHEREAS, the Planning Commission recommended approval of the proposed
amendment to the City Council and
WHEREAS, the City Council of the City of Newport Beach, California, hereby
finds as follows:
1. Planned Community Amendment No. PD2010 -004 is consistent with the Land
Use Element of the General Plan as the proposed text changes are consistent
with General Commercial Office (CO -G) land use category designated on the
subject properties.
2. Planned Community Amendment PD2010 -004 is consistent with the Coastal
Land Use Plan as the proposed text changes are consistent with the General
Commercial Office (COG -C) land use category.
3. Planned Community Amendment No. PD2010 -004 is consistent with Section
20.35.050.0 of the Municipal Code, which establishes the requirements of a
Planned Community Development Plan.
4. Planned Community Amendment No. PD2010 -004 authorizes the conversion of
existing general office space to an outpatient surgical center and supporting
medical offices and allows only a negligible expansion of the use. Sufficient
parking is provided on site and a traffic study indicates that the project will not
create a significant traffic impact.
NOW THEREFORE, the City Council of the City of Newport Beach, California,
hereby ordains as follows:
SECTION 1: The Bayview Planned Community (PC -32) text shall be amended as
provided in Exhibit A, which is incorporated by reference herein.
SECTION 2: 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,
clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Planned Community Text Amendment has been determined to be
categorically exempt under the requirements of the California Environmental Quality Act
under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines -
Class 1 (Existing Facilities).
SECTION 4: The City Council of the City of Newport Beach, California, 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.
Therefore, to the fullest extent permitted by law, applicant and property owner shall
defend, indemnify, release and hold harmless the 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 the project, the
project's approval based on the City's CEQA determination and /or the City's failure to
comply with the requirements of any federal, state, or local laws, including, but not
limited to, CEQA, General Plan and zoning requirements. 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, or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding.
SECTION 9: The Mayor shall sign and the City Clerk shall attest to the passage of this
`a
ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 10: This ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach, held on the 22nd day of June 2010, and adopted on the 6th day
of July 2010, by the following vote, to wit:
AYES, COUNCILMEMBERS Selich. Rosansky,
Henn Webb, Gardner, Mayor Curry
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS Daigle
ATTEST:
C i
CITY CLERK
APPROVED AS TO FORM:
David R. Hunt, City A torney
For the City of Newport Beach
3
Exhibit No. A
Bayview Planned Community text
changes
TABLE ii
SUMMARY OF RECOMMENDED
PARKING RATES FOR BAYVIEW PROJECT
LAND USE
OFFICE (a)
HOTEL
- Guest Rooms
(300 Rooms)
- Restaurants /Lounge/Retail Space
- Banquet/Meeting Rooms
ATHLETIC CLUB
RETAIL
RESTAURANT
Lounge/Retail
MEDICAL OFFICE
OUTPATIENT SURGERY
PARKING RATE
First 125,000 SF —
1 SP /250 SF
Next 300,000 SF
— 1 SP /300 SF
Over 425,000 SF
— 1 SP /350 SF
1 space /room
First 4,000 SF — 1SP /200 SF
Above 4,000 SF — 1SP /160
1 SP /200 SF (b)
1 SP /300 SF (c)
1 SP /400 SF (d)
First 4,000 SF —1 SP /100 SF
Above 4,000 SF — 1 SP /80 SF
1 SP /200 SF
1 SP /200 SF
(a) Based on Net leaseable Area = Gross Leaseable Area less Corridors, elevator shafts, main
lobby, restrooms, equipment rooms, etc.
(b) Based on an average of 1 space /100 Sq. Ft. with 50% utilization by hotel guests and
office development resulting in a rate of 1 space /200 Sq. Ft.
(c) Based on County rate of I space /150 Sq. Ft. and 50% utilization by hotel guests and
office development.
(d) Based on County rate of 1 space /200 Sq. Ft. and 50% utilization by hotel guests and
office development.
SF = Square Feet
SP= Space(s)
0 V
AREA 3, PROFESSIONAL AND ADMINISTRATIVE OFFICE
Intent
The intent is to provide areas for the development of professional and administrative
offices and related uses in locations of close proximity to residential areas. These uses
can conveniently serve the public and create a suitable environment for professional and
administrative office buildings especially designed for this purpose. Uses in the area have
been located on sites large enough to provide for landscaped open spaces and offstreet
parking facilities.
The area is intended to be located on heavily traveled streets or adjacent to commercial or
industrial districts. The land may be developed to utilize design features which take
advantage of modern site planning techniques.
Permitted Uses
1. Professional offices.
2. Administrative offices.
3. Restaurants, bars, theater /nightclubs and delicatessens.
4. Accessory structures and uses necessary and customarily incidental to permitted uses
including dry cleaners, barber shops, copy centers, shoe repairs, photo finishing,
stationers, convenience markets and onsite liquor sales.
5. Business and real estate signs.
6. Gas stations, auto services, and detailing in parking structures.
7. Health Club.
8. Offstreet parking structures.
9. Landscaped areas, parks, and open space areas when integrated into the development
project.
10. Any other uses that in the opinion of the City of Newport Beach Planning
Commission are of similar nature.
11. Medical Offices
12. Outpatient surgery facility
12
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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. 2010 -12 was duly and regularly introduced on the 22nd day of June, 2010, and
adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held
on the 6th day of July, 2010, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Selich, Rosansky, Henn, Mayor Curry, Webb, Gardner
Noes: None
Absent: Daigle
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 7th day of July, 2010.
(Seal)
ri
®tt @ City Clerk
City of Newport Beach, California
U X
� P
cgL1 FOR
T�
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2010 -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 dates:
2010.
Introduced Ordinance: June 26, 2010
Adopted Ordinance: July 10, 2010
In witness whereof, I have hereunto subscribed my name this lug; day ofi ✓^N
�I
.G.'QVPn�
City Clerk
City of Newport Beach, California