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HomeMy WebLinkAbout03 - Master Development Corporation Office ExpansionCITY OF NEWPORT BEACH COUN51L AGENDA CITY COUNCIL STAFF REPORT �' 8"1 a5 Agenda Item No. is July 26, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208 rung @city.newport- beach.ca.us SUBJECT: General Plan Amendment No. 2004 -006 and Code Amendment No. 2005 -006 Master Development Corporation Office Expansion, 4200 Von Karman Ave. (PA2004 -231) APPLICANT: Master Development Corporation ISSUE •Should the City Council approve a General Plan Amendment to Statistical Area L4 (Koll Center Newport Office Site B) of the Land Use Element to increase the maximum allowable gross office area by 1,750 square feet? Additionally, a Code Amendment to the Professional and Business Office Site B of the Koll Center Planned Community Text (PC -15) to increase the maximum allowable net office area by 1,367 square feet is necessary to allow the applicant to replace an existing one -story 1,330 square feet office building with a 3,080 square feet office building. RECOMMENDATION Staff recommends that the City Council hold a public hearing and approve the request by approving Resolution No. 2005 - for General Plan Amendment No. 2004 -006 and introducing Ordinance No. 2005 - for Code Amendment No. 2005 -006, and passing the ordinance to a second reading for adoption on August 9, 2005, DISCUSSION On July 7, 2005, the Planning Commission voted 6 ayes (one absent) to recommend approval of the proposed amendments to the City Council. The Planning Commission originally considered this application on June 9, 2005. After receiving public testimony, the Planning Commission moved to continue the application to July 7, 2005, in order for the applicant and the Koll Company to resolve several outstanding issues relating to parking. • Master Development Corporation Office Expansion July 26, 2005 Page 2 General Plan Amendment The subject site is located within Statistical Area L4 (Koll Center Newport Office Site B), which is presently allocated 1,006,432 square feet of development. The existing entitlement has been fully utilized. Therefore, an increase in entitlement is necessary to accommodate the proposed 1,750 gross square foot addition. The Land Use Element of the General Plan designates the project site as Administrative, Professional and Financial. The proposed office development is consistent with this designation. The objective of the Land Use Element is to provide an orderly balance of residential and commercial uses with an emphasis on maintaining a high quality environment for people living, working and visiting the City. Amendments can be approved upon finding that they are consistent with the surrounding land uses and the policies of the Land Use Element. The June 9, 2005 Planning Commission Staff Report discusses several of the general development policies of the Land Use Element applicable to the project. Staff finds that, based on the analysis of the Land Use Element policies, the proposed project is consistent with the General Plan and the increase in development allocation can be approved. Charter Section 423 Analysis Statistical Area L4 has a current General Plan limit of 8,102,562 square feet. The project will add 1,750 gross square feet of non - residential intensity in Koll Center Newport Office Site B. Council Policy A -18 requires that proposed General Plan amendments be reviewed to determine if the 100 peak hour trip, 40,000 square foot, or 100 dwelling unit thresholds are exceeded. Based on the trip generation rates contained in the Council Policy A -18, the proposed project is forecast to generate 19 additional daily trips, of which 2 are expected in the AM peak and 2 trips in the PM peak. Although the proposed project does not exceed the 100 peak hour trip threshold, Section 423 of the Charter requires that all General Plan Amendments be tracked as "Prior Amendments" for ten years to determine if minor amendments in a single Statistical Area cumulatively exceed the thresholds. Eighty - percent of the increases attributable to prior amendments are added to the increases of the proposed project to determine if any thresholds have been exceeded. There were two prior amendments approved for Statistical Area L4, and the following chart shows the area and peak hour trips analysis. • • L is Master Development Corporation Office Expansion July 26, 2005 Page 3 As indicated in the preceding chart, the resulting total of the proposed amendment and the "prior amendments" is an additional 19.5 — A.M. peak hour trips and 27.2 — P.M. peak hour trips and a total increase of 3,022 square feet. Since the totals do not exceed the 100 peak hour trip or 40,000 square foot thresholds, a vote pursuant to Charter Section 423 is not required. If the City Council approves the proposed amendment, it too will become a "prior amendment' that will be tracked for ten years. The proposed changes to Statistical Area L4 pertaining to Koll Center Newport Office Site B are shown as Exhibit "A" of the draft City Council Resolution (Attachment A). • Planned Community Text Amendment The Koll Center Newport Planned Community District Regulations were adopted by the City of Newport Beach on August 14, 1972. The applicant is proposing to amend Section I of Part II — Commercial pertaining to site and building areas. This particular section of the PC Text has been amended twice, once in 1980 and in 1984. The proposed amendment would increase the allowable net building area by 1,367 square feet (the amount necessary to construct the proposed building) in Office Site B from 963,849 to 965,216 net square feet. The proposed change in building area within the PC Text affects the Statistical Analysis Section and these changes have been included. The proposed changes to Section I of Part II of the PC Text are shown as Exhibit "A" of the draft Ordinance (Attachment B). Environmental Review Pursuant to the California Environmental Quality Act, the project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). This class allows for new construction of up to 10,000 square feet in urbanized areas where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. • Area A.M. Peak Hour Trips P.M. Peak Hour Trips Prior Amendment GP2001 -004 1,272 s.f. 80% 2.3(80%) 2.2(80%) Prior Amendment GP2004 -004 0 15.2(80%) 23(80%) Proposed Amendment 1,750 s.f. (100 %) 2(100%) 2(100%) Total 3,022 s.f. 19.5 27.2 As indicated in the preceding chart, the resulting total of the proposed amendment and the "prior amendments" is an additional 19.5 — A.M. peak hour trips and 27.2 — P.M. peak hour trips and a total increase of 3,022 square feet. Since the totals do not exceed the 100 peak hour trip or 40,000 square foot thresholds, a vote pursuant to Charter Section 423 is not required. If the City Council approves the proposed amendment, it too will become a "prior amendment' that will be tracked for ten years. The proposed changes to Statistical Area L4 pertaining to Koll Center Newport Office Site B are shown as Exhibit "A" of the draft City Council Resolution (Attachment A). • Planned Community Text Amendment The Koll Center Newport Planned Community District Regulations were adopted by the City of Newport Beach on August 14, 1972. The applicant is proposing to amend Section I of Part II — Commercial pertaining to site and building areas. This particular section of the PC Text has been amended twice, once in 1980 and in 1984. The proposed amendment would increase the allowable net building area by 1,367 square feet (the amount necessary to construct the proposed building) in Office Site B from 963,849 to 965,216 net square feet. The proposed change in building area within the PC Text affects the Statistical Analysis Section and these changes have been included. The proposed changes to Section I of Part II of the PC Text are shown as Exhibit "A" of the draft Ordinance (Attachment B). Environmental Review Pursuant to the California Environmental Quality Act, the project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). This class allows for new construction of up to 10,000 square feet in urbanized areas where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. • Master Development Corporation Office Expansion July 26, 2005 Page 4 Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: R salinh M. Ung/ A sociate Planner Submitted by: Patricia L. Temple Planning Director • Attachments: A. Draft City Council Resolution with revisions to Statistical Area L-4 B. Draft City Council Ordinance with revisions to PC Text C Planning Commission Resolution No. 2005 -1669 • D Excerpt of the draft minutes from the June 9 and July 7, 2005, Planning Commission meetings E Planning Commission Staff Reports from the June 9 and July 7, 2005 F Plans • 0 0 ATTACHMENT A DRAFT CITY COUNCIL RESOLUTION • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2004 -006 TO THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN TO INCREASE THE DEVELOPMENT ALLOCATION OF KOLL CENTER NEWPORT OFFICE SITE B OF AIRPORT AREA (STATISTICAL AREA L4) BY 1,750 GROSS SQUARE FEET (PA2004 -231) WHEREAS, an application was filed by Master Development Corporation with respect to property located at 4200 Von Karman Avenue, and legally described as Parcel 3 of Parcel Map No. 82 -713 map filed in Book 181, Pages 13 through 19, proposing to amend the Statistical Area L4 (Koll Center Newport Office Site B) of the Land Use Element to increase the development allocation by 1,750 gross square feet. The applicant also requests an amendment to the Koll Center Planned Community Text (PC -15) to increase the maximum allowable net area by 1,367 square feet. These requests are necessary to allow the applicant to replace the existing one -story 1,330 square foot with a new 2 -story 3,080 square foot office building. WHEREAS, on June 9, 2005, the Planning Commission conducted a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning •Commission at this meeting. After receiving public comments, the Planning Commission continued the application to July 7, 2005 in order for the applicant to resolve several outstanding issues with the Koll Company. WHEREAS, on July 7, 2005, the Planning Commission received further public comments and with a vote of 6 ayes (one absent) recommended approval of General Plan Amendment No. 2004 -006 and Code Amendment No. 2005 -006 to the City Council. WHEREAS, the property is designated Administrative, Professional, & Financial Commercial by the General Plan Land Use Element. The City has adopted Planned Community District Regulations (PC -15 Koll Center) that establish development standards and use regulations to implement the General Plan. The property is presently improved with a one -story 1,330 square foot professional office building. WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on July 26, 2005 to consider the proposed amendment to the Statistical Area L4 (Koll Center Newport Office Site B) of the Land Use Element and the recommendations of the Planning Commission. WHEREAS, the City Council finds: 1. As part of the development and implementation of the Newport Beach General Plan, • the Land Use Element has been prepared which, sets forth objectives, supporting policies and limitations for development in the City of Newport Beach and designates q Page 2 of 5 the general distribution and general location and extent of the uses of land and building • intensities in a number of ways, including commercial floor area limitations. 2. The General Plan provides for a sufficient diversity of land uses so that schools, employment, recreation areas, public facilities, churches and neighborhood shopping centers are in close proximity to each resident of the community. The proposed amendment does not impact the diversity of land uses but only modestly increases the intensity of existing uses. 3. The Land Use Element of the General Plan allows for the redevelopment of older or underutilized properties to preserve the value of property by allowing for some modest growth, while maintaining acceptable levels of traffic service. The project consists of an increase in the development allocation of 1,750 gross square feet, which will not result in an increase in traffic levels beyond the projected capacity and levels of service of the circulation system as the project is anticipated to generate 19 additional daily trips, with 2 — A.M. peak hour trips and 2 - P.M. peak hour trips, which are insignificant increases. 4. The City's General Plan indicates that the City shall maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and undergrounding of utilities to ensure that the quality character of residential neighborhoods are maintained and that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses. The City implements this policy through the Koll Center Planned Community Text. Other than the modest increase in intensity, the project meets all applicable development standards. The project has also • been designed to be physically compatible with the existing and surrounding professional office and commercial developments. 5. Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. This project has been reviewed in accordance with Council Policy A -18 and a voter approval is not required as the project represents an increase of 2 — A.M. and 2 — P.M. peak hour trips, 1,750 gross square feet of non - residential floor area and zero residential units. These increases, when added with 80% of the increases attributable to two previously approved amendments, result in a total of 19.5 — A.M. peak hour trips and 27.2 — P.M. peak hour trips and a total increase in 3,022 square feet do not cumulatively exceed Charter Section 423 thresholds for a vote. 6. Pursuant to the California Environmental Quality Act, the project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). This class allows for new constructions of up to 10,000 square feet in urbanized areas where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport • Beach does hereby amend the Land Use Element, Statistical Area L4, KCN- Office Site B, and [3 Page 3 of 5 •the Estimated Growth for Statistical Area L4 Table of the General Plan as depicted in Exhibit "A" and subject to the standard code requirements listed in Exhibit "B" This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 26th day of July 2005 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS ATTEST: L� CITY CLERK • MAYOR 2 Exhibit "A" Airport Area (Statistical Area 1-4) Page 4 of 5 1 -2. KCN Office Site B. This site is designated for Administrative, Professional and Financial Commercial land use and is allowed 1,062,648 sq. ft. Support retail commercial uses are allowed within this allocation. • • 1b ESTIMATED GROWTH FOR STATISTICAL AREA L4 Residential (in du's) Commercial (in sq. ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth 1-1. KCN OS A 0 0 0 889,346 889,346 15,000 1 -2. KCN OS B 0 0 0 1,060,898 1,062,648 1,750 1 -3. KCN OS C 0 0 0 734,641 734,641 0 1 -4. KCN OS D 0 0 0 250,176 250,176 0 1 -5. KCN OS E 0 0 0 27,150 32,500 5,350 1 -6. KCN OS F 0 0 0 31,816 34,500 2,684 1 -7. KCN OS G 0 0 0 81,372 81,372 0 1 -8. KCN OS 1 0 0 0 377,520 442,775 65,255 1 -9, KCN RS 1 0 0 0 52,086 120,000 67,914 1 -10. Court House 0 0 0 69,256 90,000 20,744 2 -1. NP BLK A 0 0 0 349,000 380,362 31,362 2 -2. NPBLKB 0 0 0 10,150 11,950 1,800 2 -3. NP BLK C 0 0 0 211,487 457,880 246,393 2 -4. NP BLK D 0 0 0 274,300 288,264 13,964 2 -5. NP BLK E 0 0 0 834,762 860,884 26,122 2 -6. NP BLK F 0 0 0 225,864 228,214 2,350 2 -7. NP BLK G& H 0 0 0 * 342,641 344,231 1,590 2 -8. NP BLK 1 0 0 0 160,578 160,578 0 2 -9. NP BLK J 0 0 0 190,500 228,530 38,030 3 Campus Drive 0 0 0 885,202 1,261,727 376,525 TOTAL 0 0 0 7,058,745 7,958,8282 916,833 Population 0 0 0 * Existing square footage as of 01122/2002 • • 1b Page 5 of 5 • Exhibit "B" STANDARD CODE REQUIREMENTS 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code including but not limited to the provisions of access stairways and bathrooms. 3. A Fire Department connection shall be required and located at Von Karman Avenue if providing automatic fire extinguishing system. 4. Public fire hydrant shall be provided within 150 feet and on same side of street as Fire Department connection. 5. The submitted plans shall include the existing utilities, bicycle and pedestrian easements within and adjacent to the development site. 6. The detailed curb access ramps reconstruction work required along Von Karman Avenue is at Parking Access Road shall be shown on the submitted plans. 7. The final on -site parking, vehicular and pedestrian circulation systems shall be reviewed and approved by the City Traffic Engineer. 8. All improvements shall be constructed as required by Ordinance and the Public Works Department. 9. The proposed new sidewalk alignment shall be such that extraordinary efforts will not be required of wheelchair users when they wish to travel over the existing 'turf mound" located between the parking lot and Access Road. 10. A water meter and a sewer cleanout shall be installed for the new building. 11. An encroachment permit shall be required for any work activities within the public right -of- way. • CJ • J ATTACHMENT B DRAFT CITY COUNCIL ORDINANCE �3 • ORDINANCE NO.2005- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. 2005 -006 TO INCREASE THE DEVELOPMENT ALLOCATION FOR PROFESSIONAL AND BUSINESS OFFICES OF SITE B IN THE KOLL CENTER PLANNED COMMUNITY DISTRICT (PC -15) BY 1,367 NET SQUARE FEET (PA2004 -231) WHEREAS, an application was filed by Master Development Corporation with respect to property located at 4200 Von Karman Avenue, and legally described as Parcel 3 of Parcel Map No. 82 -713 map filed in Book 181, Pages 13 through 19, proposing to amend the Koll Center Planned Community Text (PC -15) to increase the maximum allowable net office area by 1,367 square feet. The applicant also requests a General Plan Amendment to the Statistical Area L4 (Koll Center Newport Office Site B) of the Land Use Element to increase the development allocation by 1,750 gross square feet. These requests are necessary for the applicant to replace the existing one -story 1,330 square foot with a new 2 -story 3,080 square foot office building. WHEREAS, on June 9, 2005, the Planning Commission conducted a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, • California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. After receiving public comments, the Planning Commission continued the application to July 7, 2005 in order for the applicant to resolve several outstanding issues with the Koll Company. WHEREAS, on July 7, 2005, the Planning Commission received further public comments and with a vote of 6 ayes (one absent) recommended approval of General Plan Amendment No. 2004 -006 and Code Amendment No. 2005 -006 to the City Council. WHEREAS, the property is designated Administrative, Professional, & Financial Commercial by the General Plan Land Use Element. The City has adopted Planned Community District Regulations (PC -15 Koll Center) that establish development standards and use regulations to implement the General Plan. The property is presently improved with a one -story 1,330 square foot professional office building. WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on July 26, 2005 to consider the proposed amendment to the Koll Center Planned Community District Regulations and the recommendations of the Planning Commission. WHEREAS, the City Council finds: • \5 1. The proposed Code Amendment request for the office expansion of 1,367 net square feet in the Koll Center Office Site B is consistent with the General Plan • Policy "F" as the proposed building meets all the development standard specified in the Koll Center Planned Community development standards and will not be detrimental to the surrounding office developments in the Koll Center. 2. The proposed project does not change the diversity of land use and the continuation of office development is consistent with those intended by the Koll Center Planned Community. The project site is located within a fully developed business park in Koll Center Newport. 3. Pursuant to the California Environmental Quality Act, the project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). This class allows for new constructions of up to 10,000 square feet in urbanized areas where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Koll Center Newport Planned Community District Regulations (PC -15) shall be revised as provided in Exhibit "A ", with all other provisions of the • existing Planned Community District Regulations remaining unchanged and in full force and effect. SECTION 2: 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 same shall become effective thirty (30) days after the date of its adoption. • 00 • This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on , and adopted on the day of 2005, by the following vote, to wit: ATTEST: • CITY CLERK FJ AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR 1l Exhibit "A" ( *) Proposed KCN P.C. Text Amendment PART II COMMERCIAL Section I. Site Area and Building Area Group l PROFESSIONAL & BUSINESS OFFICES Acreages shown are net buildable land area including landscape setbacks with property lines. (4) a Site A Site B Site C Site D Site E Site F Site G Fal Site A Site B Site C Site D Site E Site F Site G L Building Sites (4) Total Acreage 30.939 acres 43.703 acres (11) 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 122.574 acres (8)(10)(11) Allowable Building Area Office Acreage 30.939 acres 43.703 acres (11) 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 122.574 acres(8)(10)(11) 340,002 square feet (16)(26) 96349 965,216 square feet (13)(16)( *) 674,800 square feet (10)(15) 240,149 square feet (8)(13) 32,500 square feet (4) 24,300 square feet (4) 45,000 square feet (8) 2,320,609 2,321,967 square feet (15)( *) 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. CJ • IV E L J Assumed Parking Criteria: a. One (1) space per 225 square feet of net building area @ 120 cars per acre for Sites C, D, E, F and G. "(3)(4) In addition to 19.399 acres of office use, there is 9.54 acres for hotel and motel and 2.0 acres of lake within Office Site A. Therefore, there are 30.939 acres net within Office Site A. (3)(4)(16) b. One (1) space per 300 square feet of net building area @ 120 cars per acre for Sites A, B and C. (11) 1. Site A Allowable Building Area ....... 340,002 square feet (16)(26) Site Area ...... 19.399 acres *(3)(4)(16) a R1 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 Parkinq 1,133 cars Land Coverage (16) ............... 3.90 acres ............... 2.60 acres ............... 1.95 acres ............... 1.56 acres ............... 1.30 acres ............... 1.11 acres ............... 0.97 acres ............... 0.87 acres ............... 0.78 acres ............... 0.71 acres ............... 0.65 acres Land Coverage ............... 9.44 acres (11)(16) C. Landscaped Open Space (4) (11) (16) Land Coverage Two story development ............... 6.06 acres Three story development ............... 7.36 acres Four story development ............... 8.01 acres Five story development ............... 8.40 acres Six story development ............... 8.66 acres Seven story development ............... 8.85 acres Eight story development ............... 8.99 acres Nine story development ............... 9.09 acres Ten story development ............... 9.18 acres Eleven story development ............... 9.25 acres Twelve story development ............... 9.31 acres I (13)(16)( *) 2. Site B Allowable Building Area ..... 963,-849 965,216 square feet Site Area .........43.703 acres (4) (11) III C. 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 Parking 3;313 3,218 cars Landscaped Open Space (11) 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 3. Site C (10) Land Coverage (16)( *) ....... 11.06 11.08 acres .........738 7.39 acres .........5:53 5.54 acres .........4.43 acres .........3.69 3.69 acres .........3 -16 3.17 acres ....... 2.77 acres .........2.46 acres .........2:24 2.22 acres .........2.01 acres .........1- 841.85 acres Land Coverage (11)(13)(16)( *) ...........26:77 26.82 acres Land Coverage (11)(13)(16)( *) ...............5,87 5.80 acres ...............8:35 9.49 acres ...............11. 4011.34 acres ...............42.5 12.45 acres ...............13:2413.19 acres ...............137713.71 acres ...............14.16 14.11 acres ............... 14.47- 14.42 acres ...............14.7214.66 acres ............... 14.92 14.87 acres ............... 45.09 15.03 acres Allowable Building Area ......... 674,800 square feet (15) (17)* Site Area ......... 18.806 acres (4) a. Building Height Two story development Three story development Four story development Five story development Six story development Land Coverage (15) ............... 7.75 acres ............... 5.16 acres ............... 3.87 acres ............... 3.10 acres ............... 2.58 acres 0 • L� �6 Seven story development is Eight story development Nine story development Ten story development Eleven story development Twelve story development • • ............... 2.21 acres ............... 1.94 acres ............... 1.72 acres ............... 1.55 acres ............... 1.41 acres ............... 1.29 acres a� E LI • ATTACHMENT C PLANNING COMMISSION RESOLUTION A3 RESOLUTION NO. 1669 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 2004 -006 TO INCREASE THE DEVELOPMENT ALLOCATION OF KOLL CENTER NEWPORT OFFICE SITE B OF AIRPORT AREA (STATISTICAL AREA L4) BY 1,750 SQUARE FEET AND CODE AMENDMENT NO. 2005 -006 TO INCREASE THE DEVELOPMENT ALLOCATION FOR PROFESSIONAL AND BUSINESS OFFICES OF SITE B IN THE KOLL CENTER PLANNED COMMUNITY DISTRICT (PC -15) BY 1,367 NET SQUARE FEET (PA2004 -231) WHEREAS, an application was filed by Master Development Corporation with respect to property located at 4200 Von Karman Avenue, and legally described as Parcel 3 of Parcel map No. 82 -713 map filed in Book 181, Pages 13 through 19, proposing to amend the Statistical Area L4 (Koll Center Newport Office Site B) of the Land Use Element to increase the development allocation by 1,750 gross square feet and the Koll Center Planned Community Text (PC -15) by 1,367 net square feet in order to accommodate the construction of 3,080 square foot office building. The applicant proposes to replace the existing one -story 1,330 square foot with a new 2 -story 3,080 square foot office building. WHEREAS, at the June 9, 2005 meeting, the Planning Commission received public comments and continued the application to July 7, 2005. The continuance was necessary for • the applicant to resolve several outstanding issues with the Koll Company. WHEREAS, a public hearing was held on July 7, 2005, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the property is designated Administrative, Professional, & Financial Commercial by the General Plan Land Use Element. The City has adopted Planned Community District Regulations (PC -15 Koll Center) that establish development standards and use regulations to implement the General Plan. The property is presently improved with a one -story 1,330 square foot professional office building. NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS: Section No. 1. The Planning Commission makes the following findings: 1. As part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared which, sets forth objectives, supporting policies and limitations for development in the City of Newport Beach and designates the general distribution and general location and extent of the uses of land and • building intensities in a number of ways, including commercial floor area limitations. A5 Planning Commission Resolution No. _ Page 2 of 9 2. The General Plan provides for a sufficient diversity of land uses so that schools, • employment, recreation areas, public facilities, churches and neighborhood shopping centers are in close proximity to each resident of the community. The proposed amendment does not impact the diversity of land uses but only modestly increases the intensity of existing uses. 3. The Land Use Element of the General Plan allows for the redevelopment of older or underutilized properties to preserve the value of property by allowing for some modest growth, while maintaining acceptable levels of traffic service. The project consists of an increase in the development allocation of 1,750 gross square feet, which will not result in an increase in traffic levels beyond the projected capacity and levels of service of the circulation system as the project is anticipated to generate 19 additional daily trips, with 2 — A.M. peak hour trips and 2 - P.M. peak hour trips, which are insignificant increases. 4. The City's General Plan indicates that the City shall maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and undergrounding of utilities to ensure that the quality character of residential neighborhoods are maintained and that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses. The City implements this policy through the Koll Center Planned Community Text. Other than the modest increase in intensity, the project meets all applicable development standards. The project has also been designed to be physically compatible with the • existing and surrounding professional office and commercial developments. 5. Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. This project has been reviewed in accordance with Council Policy A -18 and a voter approval is not required as the project represents an increase of 2 — A.M. and 2 — P.M. peak hour trips, 1,750 gross square feet of non - residential floor area and zero residential units. These increases, when added with 80% of the increases attributable to two previously approved amendments, result in a total of 19.5 — A.M. peak hour trips and 27.2 — P.M. peak hour trips and a total increase in 3,022 square feet do not cumulatively exceed Charter Section 423 thresholds for a vote. 6. Pursuant to the California Environmental Quality Act, the project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). This class allows for new constructions of up to 10,000 square feet in urbanized areas where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Section No. 2. Based on the aforementioned findings, the Planning Commission hereby recommends approval of General Plan Amendment No. 2004 -006 per the revised estimated growth table depicted in Exhibit "A" and Code Amendment No. 2005 -006 per the • 55 Planning Commission Resolution No. _ Page 3 of 9 • revised Koll Center Newport Planned Community District regulations depicted in Exhibit "B" subject to the standard code requirements listed in Exhibit "C ". PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JULY 2005. 0 • Michael Toerge, Chairman Barry Eaton, Secretary AYES: Eaton, Hawkins, Cole, Toerge Tucker and Henn ABSENT: McDaniel NOES: None A'\ Planning Commission Resolution No. _ Page 4 of 9 Exhibit "A" The following changes will be made to the Land Use Element and all other provisions of the Land Use Element shall remain unchanged: Airport Area (Statistical Area 1-4) 1 -2. KCN Office Site B. This site is designated for Administrative, Professional and Financial Commercial land use and is allowed 1,062,648 (1,060,898 + 1,750) sq. ft. Support retail commercial uses are allowed within this allocation. • • • ESTIMATED GROWTH FOR STATISTICAL AREA L4 Residential (in du's) Commercial (in sq. ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth 1 -1. KCN OS A 0 .0 0 889,346 889,346 15,000 1 -2. KCN OS B 0 0 0 1,060,898 1,062,648 1,750 1 -3. KCN OS C 0 0 0 734,641 734,641 0 1 -4. KCN OSD 0 0 0 250,176 250,176 0 1 -5. KCN OS E 0 0 0 27,150 32,500 5,350 1 -6. KCN OS F 0 0 0 31,816 34,500 2,684 1 -7. KCN OS G 0 0 0 81,372 81,372 0 1 -8. KCN OS 1 0 0 0 377,520 442,775 65,255 1 -9. KCN RS 1 0 0 0 52,086 120,000 67,914 1 -10. Court House 0 0 0 69,256 90,000 20,744 2 -1. NP BLK A 0 0 0 349,000 380,362 31,362 2 -2. NPBLK B 0 0 0 10,150 11,950 1,800 2 -3. NP BLK C 0 0 0 211,487 457,880 246,393 2-4. NP BLK D 0 0 0 274,300 288,264 13,964 2 -5. NP BLK E 0 0 0 834,762 860,884 26,122 2 -6. NP BLK F 0 0 0 225,864 228,214 2,350 2 -7. NP BLK G& H 0 0 0 * 342,641 344,231 1,590 2 -8. NP BLK I 0 0 0 160,578 160,578 0 2 -9. NP BLK J 0 0 0 190,500 228,530 38,030 3 Campus Drive 0 0 0 885,202 1,261,727 376,525 TOTAL 0 0 0 7,058,745 7,958,8282 916,833 Population 0 0 0 * Existing square footage as of 01122[2002 • • • Planning Commission Resolution No. Page 5 of 9 • Exhibit "B" The following changes will be made to Part II, Section I, Group I Professional & Business Offices of the Koll Center Newport Planned Community Development Standards and all other provisions of the PC Text shall remain unchanged. • • ( *) Proposed KCN P.C. Text Amendment PART II COMMERCIAL Section I. Site Area and Building Area Group I PROFESSIONAL & BUSINESS OFFICES Acreages shown are net buildable land area including landscape setbacks with property lines. (4) A. Building Sites (4) Total Acreage Site 30.939 acres' Site B 43.703 acres (11) Site C 18.806 acres (10) Site D 19.673 acres Site E 2.371 acres Site F 1.765 acres Site G 5.317 acres (8) 122.574 acres (8)(10)(11) B. Allowable Building Area Office Acreage 30.939 acres 43.703 acres (11) 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 122.574 acres (8)(10)(11) Site A 340,002 square feet (16)(26) Site B 963,849 965,216 square feet (13)(16)( *) 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) 2,92600 2,321,967 square feet (15)( *) 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. Planning Commission Resolution No. _ Page 6 of 9 Assumed Parking Criteria: a. One (1) space per 225 square feet of net building area @ 120 cars per acre for Sites C, D, E, F and G. '(3)(4) In addition to 19.399 acres of office use, there is 9.54 acres for hotel and motel and 2.0 acres of lake within Office Site A. Therefore, there are 30.939 acres net within Office Site A. (3)(4)(16) b. One (1) space per 300 square feet of net building area @ 120 cars per acre for Sites A, B and C. (11) 1. Site A Allowable Building Area ....... 340,002 square feet (16)(26) Site Area ...... 19.399 acres *(3)(4)(16) 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 1,133 cars Land Coverage (16) ............... 3.90 acres ............... 2.60 acres ........... 1.95 acres ........... 1.56 acres ........... 1.30 acres ............... 1.11 acres ............... 0.97 acres ............... 0.87 acres ............... 0.78 acres ............... 0.71 acres ............... 0.65 acres Land Coverage ............... 9.44 acres (11)(16) C. Landscaped Open Space (4) (11) (16) Land Coverage Two story development ............... 6.06 acres Three story development ............... 7.36 acres Four story development ............... 8.01 acres Five story development ............... 8.40 acres Six story development ............... 8.66 acres Seven story development ............... 8.85 acres Eight story development ............... 8.99 acres Nine story development ............... 9.09 acres Ten story development ............... 9.18 acres Eleven story development ............... 9.25 acres Twelve story development ............... 9.31 acres • • C� 36 CJ • 2. 3 Site B Allowable Building Area Site Area Planning Commission Resolution No. Page 7 of 9 .... 963,49 965,216 square feet (13)(16)( *) ........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 Land Coverage (16)( *) .......41 0611.08 acres .........778 7.39 acres .........573 5.54 acres .........4.43 acres .........3.69 3.69 acres .........3a 6 3.17 acres ....... 2.77 acres .........2.46 acres .........2:24 2.22 acres .........2.01 acres ......... 4784 1.85 acres b. Parking Land Coverage (11)(13)(16)( *) 3;243 3,218 cars ...........2677 26.82 acres C. Landscaped Open Space (11) Land Coverage (11)(13)(16)( *) Two story development ...............687 5.80 acres Three story development ...............9:55 9.49 acres Four story development ............... 11.40 11.34 acres Five story development ...............42.5 12.45 acres Six story development ............... 13.24 13.19 acres Seven story development ...............43. 713.71 acres Eight story development ...............44.16 14.11 acres Nine story development ...............444714.42 acres Ten story development ............... 14.72 14.66 acres Eleven story development ............... 14.92 14.87 acres Twelve story development ............... 45.09 15.03 acres Site C (10) Allowable Building Area ......... 674,800 square feet (15) (17)* Site Area ......... 18.806 acres (4) III Building Height Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Land Coverage 05) ............... 7.75 acres ............... 5.16 acres ............... 3.87 acres ............... 3.10 acres ............... 2.58 acres ............... 2.21 acres ............... 1.94 acres 5k Planning Commission Resolution No. _ Page 8 of 9 Nine story development ............... 1.72 acres • Ten story development ............... 1.55 acres Eleven story development ............... 1.41 acres Twelve story development ............... 1.29 acres • • Planning Commission Resolution No. _ Page 9 of 9 • Exhibit "C" STANDARD CODE REQUIREMENTS 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code including but not limited to the provisions of access stairways and bathrooms. 3. A Fire Department connection shall be required and located at Von Karman Avenue if providing automatic fire extinguishing system. 4. Public fire hydrant shall be provided within 150 feet and same side of street as Fire Department connection. 5. The submitted plans shall include the existing utilities, bicycle and pedestrian easements within and adjacent to the development site. 6. The detailed curb access ramps reconstruction work required along Von Karman Avenue is at Parking Access Road shall be shown on the submitted plans. 7. The final on -site parking, vehicular and pedestrian circulation systems shall be reviewed and approved by the City Traffic Engineer. 8. All improvements shall be constructed as required by Ordinance and the Public Works Department. 9. The proposed new sidewalk alignment shall be such that extraordinary efforts will not be required of wheelchair users when they wish to travel over the existing "turf mound" located between the parking lot and Access Road. 10. A water meter and a sewer cleanout shall be installed for the new building. 11. An encroachment permit shall be required for any work activities within the public right -of- way. • �3 0 CJ 0 ATTACHMENT D MINUTES EXCERPTS FROM JUNE 9T" & JULY 7T" MEETINGS 35 Plarming Commission Minutes 06/09/2005 Page 10 of 23 iscussion followed on the timing and methodology of a parking management ki,' Chairperson Tucker asked for a straw vote on the issue of a review. ommissioner Hawkins - bring back for a review. ommissionerMcDaniel, - bring back for a review. ommissioner Hawkins - bring back for a review. ommissioner Eaton - sup orts a review. ommissioner Cole - supports a review noting this is a landlord /tenant issue. ommissioner Toerge - support a one year review adding that the other perators have a forum here to be sure that the plan works. hairperson Tucker suggested that the plan be presented by the property owner > the adjoining businesses so that their input is included. Ir. Harp added that condition 37 will include a requirement that they comp) uring all hours of operation with the approved plan. lotion was made by Chairperson Tucker to approve Use Permit No. 2005 -008 'A2005 -036) subject to the findings and conditions with the addition requested y Commissioner Hawkins and a condition that the matter comes ' back fori ,view by the Planning Commission within a year of the date of opening;. and ,ith the suggested changes by the Assistant City Attorney. Mr. Cho and Mr. Ingram agreed to this motion Ayes: Eaton, Cole, Toerge, Tucker, Selich, McDaniel and Hawkins Noes: None Absent: None Abstain: None x e z SUBJECT: Master Development Corporation (MDC) ITEM NO. 5 4200 Von Karman Avenue PA2004 -231 General Plan Amendment to Statistical Area L4 (Koll Center Newport Office Continue to e B) of the Land Use Element to increase the maximum allowable gross office 07/07/2005 =a by 1,750 square feet, and a Planned Community Text Amendment in ofessional and Business Office Site B by 1,367 net square feet in order to )lace an existing one -story 1,330 square feet office building with a 3,080 uare foot office building. airperson Tucker noted this item has two issues identified, one is related tc rking and the other is a change to the General Plan to conform the Genera in with what has been built, and that would result in a reduction of footage. at item, in my opinion, has nothing to do with the Master Development office 3ansion proposal and I suggest that we table that item and let it come forwar( )arately so we are not talking about something that is not an issue betweei file: //H:\Plancomm \2005 \060905.htm 07/19/2005 31 Planning Commission Minutes 06/09/2005 applicant and those involved in the Koll Center. It is really a staff clean i. The application has questions that have come up and the Commission the discussion to what is before us. Temple noted that there has not yet been an agreement between the tw( )erty owners related to the ability to make changes to the parking area ;h is not part of the applicant's parcel. Because this is a General Plan an( ing action we are unable to attach conditions of approval. Therefore, if we -ove the General Plan and Zoning Amendments we will be creatinc itional entitlement. If they are unable to achieve whatever agreement i; :ssary for the additional parking that is required then that square footage i! [able in that block pool and can be implemented by other parties. That ie a major concern of staff, but if it is a concern of the Commission for thi: -oval, then you should continue this until the agreement regarding the ;ing lot improvements is agreed to between the two owners. However, w4 Id not issue a building permit for the addition without approving thi juacy of parking. hairperson Tucker noted that if the General Plan was approved then anyone is area could use that footage if the applicant did not, it is not just attached eir parcel? Temple answered yes, it's an office site vehicle center, so anybody co it. If there is no agreement regarding the additional parking, that squa ige stays in Office Site B and anyone who could prove that they h -lent parking to support that additional square footage could implement it. ;. Temple added that in Koll Center Newport a high number of office and othe ildings are on what is called postage stamp lots that provide sufficient land fc building and whatever Building Code setbacks are required. Most of th rking is owned by Koll Center and is managed on a pool basis. The applicai s to find a place to add 5 additional parking spaces and they do not yet hau agreement with Koll Company for access to the pool. hairperson Tucker asked if the parking for the entire Office Site B is exactly ode now? Are there more or less spaces than required? s. Temple answered we do not have the full records as to the precise num parking spaces in the pool. The need for an additional 5 spaces is based e increase that is proposed. ommissioner Hawkins queried that if we approve the General I mendment and the applicant is unsuccessful in getting their parking, we A have a parking waiver, it is that the applicant will not be able to impler e plan, is that correct? ;. Temple answered yes, we would not issue the Building Permit withou owing that sufficient parking is being provided. The entitlement would still bE ire. At Commission inquiry, she noted that parking for Koll Center Newport is sed on a special office pool /sliding scale that is based on square footage. cause this is an addition to a pool of development square footage in excess Page 11 of 23 • 1] file: //H: \Plancomm\2005 \060905.htm 07/19/2005 3D Planning Commission Minutes 06/09/2005 375,000 square feet, the requirement is 1 parking space for 300 square feet. McDonald, applicant, noted the following: . He has been operating his business for over ten years at this site purchased the property 20 months ago with the intent to add 1,300 sq feet to the building. . He made an informal presentation to the Koll Center (declarant) November and they responded as well as other submittals in full detail. is his intent to get Koll approval. . The complex is over a million square feet. He and his partner are owners of a postage stamp lot along with 20 other small and large build owners. . The parking lot is a sprawling legal lot that has thousands of stalls. . Staff, over a number of years, has amended the Planned Community text to get all these buildings built within Koll Center. This is not the first time e building has been built or re- built. . Koll Company owns the parking lot. . There is a set of CC and R's that control what goes on in the Center as use, setbacks and parking. . We all as owners, enjoy common area rights, full beneficial rights undivided interest rights to every parking stall in the center. . What our CC and R's say is a private matter between two parties. . The CC and R's clearly state what a building site owner can do witl reference to landscape and parking. As an owner I can do that, providing am only modifying my development area, which is appurtenant to the sit( area that I own. We have an agreement in place, which is the CC and R' document. . Staff noted that we would be required to get the declarant's approva before the City allows a building permit on site. . We are adding five stalls on our site plan located against the building. . We are maintaining the harmony of the footprint and glass scheme of building; we are adding a second story on it, and are upgrading a si building that was built in 1974. . We have a small impact of 1,000 against 1,000,000 square feet, impacting the traffic, and are within the development standards of the Center Community text. file: //H: \Plancomm \2005 \060905.htrn Page 12 of 23 07/19/2005 30, Planning Commission Minutes 06/09/2005 . We have talked with Koll and intend to get their approval, and if we d then we will fail to pull a building permit. . He then noted his correspondence with Koll and asked that this Plan issue be solved. ommissioner Cole asked where the parking stalls were and was referred age 2 where the stalls were closer to the building. He then asked if )plicant questions the requirement of 5 parking stalls? McDonald added there will be a small amount of people in the builc where between 8 to 10 and they have 16 parking stalls that are required. s not question the Code, he is stating that the use of his building is light as heavy as what the Code requires. issioner Hawkins asked if the proposed additional parking is not on that you own or control. Is that right? r. McDonald answered that we do not have the legal ownership of it, but s nmers within the Koll Center Newport have the undivided interest of the fre id unfettered use of all parking and all landscaping on that lot. The fact th e ownership is held under the declarant's name is a twist to what is normal i association purview of which all owners would own a percentage of that b xawling lot. In this case, we have a perpetual easement for all landscape ar 3e of the parking area. The CC and R's define that we can modify that area relates to our development if approved by the City of Newport Beach. ommissioner Hawkins noted his concern if the Commission iditional square footage and the applicant is unsuccessful in 3reement, that square footage remains and someone else may ilize it. lic comment was opened. entitled getting be able arol Hoffman of Government Solutions representing Koll Company noted tl oll Company prefers to have this parking issue resolved before the Planni ommission takes action. Koll Company has concerns about the sque iotage adjustment in the General Plan and if this is separate we c iderstand what it means as well as the ramifications, and what the st search was with the building permits. The applicant has sent a let :questing approval from the Koll Company, which they are not ready -ovide. I am hopeful that something that can be worked out, but we are not position to guarantee that the applicant would have that available parking is point. She then asked that this matter be continued so that this issue cot resolved. She added that the square footage does not harm the K ompany interest. iairperson Tucker noted that if we grant that approval, the square footage t there and the applicant can't go use the footage until the parking issue >olved. We have stayed out of the middle of private matters and that is r preference. Because of the Greenlight issue we may need to look at thin Page 13 of 23 file : //H:\Plancomm\2005 \060905.htm 07119/2005 • • • Planning Commission Minutes 06/09/2005 connection with granting of rights when effectively two parties within c tistical area are fighting about the same footage. In this particular case, ie one that is fighting for 1,750, which is a tiny increase and the increi res to the statistical area. I am not seeing the basis of not allowing it to ,yard if staff says the applicant needs to have the parking evidenced in so hion in order to get a building permit. arol Hoffman noted that Koll Company had not heard of this item on tonight': 3enda. It was surprise information and Koll Company was caught unawares. its is a situation that they thought would be best resolved privately an( sparately from any action that the Planning Commission takes. airperson Tucker noted this is a legislative act that goes onto the Council. ommissioner Selich noted that the objection of Koll Company was that 1,' luare feet was going to be taken away from the 40,000 square feet, but iid the 1,750 gets added to the Koll Center so that means Koll goes up 750 square feet, is that correct? Temple answered that we would be increasing the City's General K ement for Office Site B in that Statistical Division L4 by the 1,750 squa What Koll's letter was referring to was that once approved that ,idered a prior amendment pursuant to Charter Section 423. We keep that carries 80% of any approved General Plan Amendments for ea stical division in the cumulative table that is kept for 10 years so that equent amendment after this would not have a full 40,000 square feet under the voting threshold for square footage, it would be the 1750 squa times 80% and that 40,000 would be reduced by that amount for the ne ndment that came through the City's process. We have not approved a eral Plan Amendments in Koll Center; however, the 40,000 square feet h i eroded by a couple of smaller General Plan Amendments that ha, rred in Newport Place. immissioner Eaton ascertained that there was no timing of a potentia reement between the Koll Company and the applicant. hairman Tucker noted that the Commission is looking at a particular building id the question for us is the General Plan Amendment consistent with ou Acies and I think the answer is yes. Nothing is static and the concern abou is interfering with the rights Koll Company has, it doesn't interfere at all. Koll is ill going to assert the same position that the applicant does not have a right b anything on that property. We are looking at the applicant's request. Th ity's vested interest in it is if its parked properly. It is a little more office span a giant office area and the applicant's plan parks it properly. Whether he cal ;tually use those spaces is something that he and the Koll Company wi Hoffman noted that the hope was for a continuance so that there might e resolution between the two parties. Tucker noted that it is going to be an addition of 1,750 square feet. file: //H: \Planeomm \2005 \060905.htm Page 14 of 23 07/19/2005 .4t Planning Commission Minutes 06/09/2005 issue is not going to change 30 days from now. -ian Bentrot of Master Development noted that we have been implementi is plan for our building expansion since 2004. Since we were going to pay ese parking stalls and enhance the building, we were perplexed at Ko sponse. I am not sure why they feel they can come to a solution within iys when they have already have had over 6 months to do it. lic comment was closed. ommissioner McDaniel noted his concern of the two parties not coming )me sort of agreement. He noted his support of continuing this item for ays to allow the parties to come to some sort of arrangement. ommissioner Hawkins noted his support of a continuance. ommissioner Selich noted this is a minor General Plan Amendment and to g volved with an agreement between two parties, he is reluctant. If we approl e General Plan Amendment and the parking was not worked out then it wou A go into affect and the square footage would be there for someone else >e. He is inclined to go long with the applicant now but if it does came ba ter 30 days without an agreement then he would go along with the applicant at point. hairperson Tucker noted he does not have confidence that since this has be )ing on for 6 months that it would get worked out in 30 days. He sees no ha do the General Plan Amendment of 1,750 square feet and it doesn't need I ommission as a referee. He stated he would move the item and let it go on e City Council where they would have their 30 days. Toerge noted his support of a continuance. imissioner Cole noted that the applicant has gone through the prop :ess with staff and complied with what they were supposed to do. It is est increase and does not change the use. Koll Company has a veto relative to parking, so they have some leverage. Granting the General PI; mdment does not hurt the Koll Company. I am in favor of voting on tl sct now. imissioner Eaton noted his support of a continuance as the Council likes issues cleared up. srson Tucker noted that this item should be voted on tonight and re approve the motion. lnmissioner Hawkins noted that there are efforts in that area. My hope in day window is that Koll Company does not wait to see what additional u up there in the planning process with Roma. Motion was made nmissioner Hawkins to continue this item to July 7, 2005. Eaton, Toerge, Selich, McDaniel and Hawkins Tucker and Cole Page 15 of 23 .- file://14:\Plancomm\2005\060905.htm 07/19/2005 • is • p- Planning Commission Minutes 06/09/2005 Absent: I None bstain: None IECT: Traffic and Use Alternatives Analysis of Genera hairpe� son Tucker noted this item is a continuation of materials presented 1 Wood stated that the presentation tonight would be an overview of study coJkring details of trip generation as well as the model runs of num and makj.mum alternatives. iairperson Tucker noted that at some point we are going to come up with )jest description for vhat it is we are going to study; we will come up wi ernatives for the alternatives analyses for the General Plan EIR. He asked at project description is gong to have a traffic study that is particularly tailore the specific project description that we have. GIs. Wood answered it will once'toe project description is approved. What we ire looking at from here on, you.will received the traffic and environmenta nformation tonight, the City Council will receive it Tuesday night. On Saturday lune 25th we have an all day public workshop that will present the same info tc he public and we will ask for their input.` -Then we have two Saturday session: tlanned with the General Plan Advisory Cogmittee on July 16th and July 23rd. n preparation for those meetings, it is ouf intent between staff and thf pnsultant team to convert all these alternative".,with all the information that we lave received on their impacts and how people feol about them into a preferrec and use plan. >airperson Tucker noted staff confirmed that the preferred land use plan woudc lave its own traffic study to analyze the environmental impacts of the preferrec and use plan. The traffic information we have tonight gives us backgrounc nformation on the alternatives that will assist us in terms of the preferred Ian( ise plan that is ultimately selected. GIs. Wood answered yes. � ,ommissioner Toerge noted the definition of ICU (intersection) is conf slog an( ;uggested that the definition on page 1 -6 of the report be made more clear. HE ;fated that as he had read this definition it appeared that with an ICU of�.86 foes that mean it will take me 50 minutes to get through the intersection? Thi; iefinition as I read it is confusing. r. Waters said it means that 86% of the capacity to move cars through that tersection during the course of the hour is being utilized by the traffic that is ojected and that the hour is the timeframe for which the analysis is inducted. He added that he would work with staff on that definition to make it ore clear. r. Waters continued noting this is the second report as part of the Genera file: //H: \Plancomm \2005 \060905.htm Page 16 of 23 ITEM NO. 6 Discussion Item ` I 07/19/2005 Planning Commission Minutes 07/07/2005 Page 2 of 17 HEARING ITEMS SUBJECT: Master Development Corporation (MDC) (PA2004 -231) ITEM NO. 2 4200 Von Karman Avenue PA2004 -231 A General Plan Amendment to Statistical Area L4 (Koll Center Newport Office Site B) of Recommended • the Land Use Element to increase the maximum allowable gross office area by 1,750 for approval square feet, and a Planned Community Text Amendment in Professional and Business Office Site B by 1,367 net square feet in order to replace an existing one -story 1,33 square feet office building with a 3,080 square foot office building. Is. Ung gave an update of the staff report noting the applicant has received from the :oll Company an initial approval of the project and that it had been forwarded via email > the Commission, With regard to the square footage adjustment request, it has been emoved per the Commission's direction of the June 9th meeting. She then noted DR Y Bvised Exhibits A and B that were distributed. Exhibit A has the square footage djustment removed to reflect the existing condition plus the proposed increase in quare footage; in Exhibit B, the gross square footage has been removed that had been dded for reference only. :ommissioner Hawkins asked if the letter referenced in that email had been forwarded. le was answered, no. :ommissioner Tucker noted the original staff report had a reduction in Exhibit A from ,060,898 to 1,062,648 and now that is back to 1,062,648 so that hasn't changed and is > remain as it is today. Ms. Ung answered yes. :ontinuing, Commissioner Tucker noted that on Exhibit B on Site B, it said 965,21 quare feet and in parenthesis 1,008,182 and the change has the 965, 216 but i oesn't look the same. • Is. Ung answered, that is correct, staff just removed the gross square footage as a Bference, since we are not using that number in keeping the PC text the same. I asn't changed. ruce McDonald, applicant, noted that he has met with the Koll Company and they no upport his application as they have stated they will be submitting a formal letter of pproval with some minor architectural recommendations and other construction detail iey need. He asked that the Commission approve the General Plan Amendment and tanked Ms. Ung for her efforts and time. He noted he understands the square footage i the PC text and concurs with the proposed changes to the exhibits. :ommissioner Hawkins noting the letter to be received from the Koll Company asked if ny other documents, in particular a parking agreement is expected, or is the letter oing to be sufficient for his needs? Ir. McDonald answered that it is an architectural submittal that he made and it is Koll' Bview rights as the declarant to review the project and the surrounding modifications to ie parking area as well as the new building. There is certain protocol within the CC nd R's on the steps to take. He then gave a brief overview of the protocol and Bquirements. :hairperson Tucker asked the applicant if he had read the code requirements in exhibit of the resolution. 44 file: //H: \Plancomm \2005 \070705.htrn 07/19/2005 Ptanning Commission Minutes 07/07/2005 Page 3 of 17 IMr. McDonald answered yes, he has read and accepts the conditions. is comment was opened. "ol Hoffman of Government Solutions, representing the Koll Company, noted y agree with everything the applicant has indicated. She noted the process es that have been agreed upon. She also noted agreement with the changes n Exhibits A and B that had been made for clarification. At Commission inquiry, ed that the letter form is what is required under the documents and that there I be a series of letters. ?I Baines, on behalf of the neighboring property at 4220 Von Karman about: . Review of plans and elevations. • Intended end use of property and whether this is a development that will be leased to someone who is unknown. hairperson Toerge noted that plans and elevations are part of the package a at the speaker can also come to the Planning Department to review them. the occupant, that is not under the purview of the Planning Commission. T ming allows for certain uses. Any application for use not consistent with 1 ming would require an additional public hearing. comment was closed. Lion was made by Commissioner Toerge to recommend approval of Gei No. 2004 -006 and Code Amendment No. 2005 -006 to the City Council modifications to exhibits A and B. Ayes: Noes: Absent: Abstain: Eaton, Hawkins, Cole, Toerge, Tucker and Henn None McDaniel None SUBJECT: Steven Fischer ( PA2005 -098) ITEM NO. 3 3600 E. Coast Highway PA2005 -098 Use Permit approval -to allow a waiver of 4 off - street parking spaces for the Approved development of a new two- stqy, 3,250 square -foot commercial building. Ms. Ung noted that this item had been continued from the June 23rd meeting in order for the applicant to work with the City's traffic c engineer to revise the on -site circulation for the proposed project. Since then, we "have received a revised site plan, which has been reviewed by the traffic engineer who,firtds that it is acceptable. Although the parking layout is improved, staff doesliot support the parking waiver and maintains the recommendation for denial. The atfacfted resolution for approval has been modified adding a condition pertaining tothe.. kprovements on the landscaping along the screen wall in front should the lanning Commission choose to approve this project. -�5 file: //I-1: \Plancomm \2005 \070705.htm 07/19/2005 0 ATTACHMENT E STAFF REPORTS FROM JUNE 9T" & JULY 7 T" MEETINGS Al CITY OF NEWPORT BEACH • PLANNING COMMISSION STAFF REPORT Agenda Item No. 5 June 9, 2005 TO: PLANNING COMMISSION FROM: Rosalinh Ung, Associate Planner (949) 644 -3208 rung @city.newport- beach.ca.us SUBJECT: Master Development Corporation Office Expansion 4200 Von Karman Avenue General Plan Amendment No. 2004 -006 & Code Amendment No. 2005 -006 (PA2004 -231) APPLICANT: Master Development Corporation REQUEST • The applicant plans to replace an existing one -story 1,330 square foot office building with a new 2 -story 3,080 square foot building at 4200 Von Karman Avenue. In order to accomplish this, Statistical Area L4 (Koll Center Newport Office Site B) of the Land Use Element would need to be amended to increase the maximum allowable gross office area by 1,750 square feet and an Amendment to the Koll Center Planned Community Text (PC -15) by 1,367 net square feet is necessary. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of General Plan Amendment No. 2004 -006 and Code Amendment No. 2005 -006 to the City Council by adopting the attached draft resolution. DISCUSION Site Background The subject property is located at the southeast corner of Von Karman Avenue and MacArthur Boulevard in Koll Center Newport and is currently developed with a 1,330 square -foot, single -story office building. The 15 -foot high building was originally constructed in 1974 and is situated entirely within its own parcel. Vehicular access to the property is from the adjacent common driveway via Von Karman Avenue. • Al It As, L 4040 Master Development Corporation Office Expansion June 9, 2005 Page 3 • Site /Project Characteristics Lot Area: 3,307 Square Feet Building Square Footage: Existing: 1,330 square feet (Gross) development allocation by 1,750 gross square feet recreation areas, public facilities, churches and Proposed: 3,080 square feet Parking Required: 5 spaces to be added Existing: 11 spaces to the existing parking pool proposed project does not change the diversity of Proposed New Parking: 5 spaces Total Parking: 16 spaces Analysis General Plan The subject site is located within Statistical Area L4 (Koll Center Newport Office Site B), which is presently allocated 1,006,432 square feet of development. The existing entitlement has been fully utilized. Therefore, an increase in entitlement is necessary to accommodate the proposed 1,750 gross square foot addition. The Land Use Element of the General Plan designates the project site as • Administrative, Professional and Financial. The proposed office development is consistent with this designation. • The objective of the Land Use Element is to provide an orderly balance of residential and commercial uses with an emphasis of maintaining a high quality environment for people living, working and visiting the City. Amendments can be approved upon finding that they are consistent with the surrounding land uses and the policies of the Land Use Element. The following table discusses several of the general development policies of the Land Use Element applicable to the project. General Plan Policy Policy Analysis A. The City shall provide for sufficient diversity The proposed project would increase the of land uses so that schools, employment, development allocation by 1,750 gross square feet recreation areas, public facilities, churches and for professional office use. The proposed project is neighborhood shopping centers are in close consistent with this policy in the fact that the proximity to each resident of the community. proposed project does not change the diversity of land use and the continuation of office development is consistent with those intended by the General Plan. B. To insure redevelopment of older or The project proposes a modest increase in the underutilized properties, and to preserve the value development allocation by 1,750 gross square feet. of property, the floor area limits specified in the Office Site B is already authorized for 1,006,432 Land Use Element allow for some modest growth. square feet of administrative professional and 7` .IS Master Development Corporation Office Expansion June 9, 2005 Page 4 To insure that traffic does not exceed the level of service desired by the City, variable floor area limits shall be established based upon the trip generation characteristics of the use or uses proposed for the site. D. The siting of new buildings and structures shall be controlled and regulated to ensure, to the extent practical, the preservation of public views, the preservation of unique natural resources, and to minimize the alteration of natural landforms along bluffs and cliffs. F.. The City shall develop and maintain suitable and adequate standards for landscaping, sign control, site and building design, parking, undergrounding of utilities, and other development standards to ensure that the beauty and charm of existing residential neighborhoods are maintained, that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses, and that the appearance of, and activities conducted within industrial developments are also compatible with surrounding land uses and consistent with the public health, safety and welfare. L. The City shall encourage its community commercial districts to reflect and complement the high quality of its residential areas. The City shall promote the prosperity of its several community commercial districts through the adoption and application of its planning, zoning, building and public works codes, regulations, policies and activities. financial commercial development. The Traffic Engineer has determined that the proposed increase in the development allocation would result in less than significant traffic impacts on existing levels of service at intersections within the City. The project site is located within a fully developed business park in Koll Center Newport. No significant natural landforms, including coastal bluffs and cliffs, are located on the site or in the immediate area nor will the increase of 1,750 gross square feet of development allocation impact public views. Development and use standards applicable to the project site have been adopted (Koll Center PC Text). The project meets all applicable development standards. With the exception of the request for an increased development allocation the project will comply with the PC -15 development regulations. Staff believes that, based on the analysis of the Land Use Element policies, the proposed project can be found consistent with the General Plan and the increase in development allocation can be approved. Statistical Area project will add Newport Office Charter Section 423 Analysis L4 has a current General Plan limit of 8,102,562 square feet. The 1,750 gross square feet of non- residential intensity in Koll Center Site B. Council Policy amendments be reviewed to determine if A -18 requires that proposed General Plan the 100 peak hour trip, 40,000 square foot or 100 dwelling unit thresholds are exceeded. • • • 5� Master Development Corporation Office Expansion June 9, 2005 Page 5 • Based on the trip generation rates contained in the Council Policy A -18, the proposed project is forecast to generate 19 additional daily trips. Although the proposed project does not exceed the 100 peak trip threshold, Section 423 of the Charter requires that all General Plan Amendments be tracked as "Prior Amendments" for ten years to determine if minor amendments in a single Statistical Area cumulatively exceed the thresholds. Eighty - percent of the increases attributable to prior amendments are added to the increases of the proposed project to determine if any thresholds have been exceeded. There were two prior amendments approved for Statistical Area L4, and the following chart shows the area and peak hour trips analysis. As indicated in the preceding chart, the resulting total of the proposed amendment and is the "prior amendments" is an additional 21.4 — A.M. peak hour trips and 29.2 — P.M. peak hour trips and a total increase of 3,022 square feet. Since the totals do not exceed the 100 peak hour trip or 40,000 square foot thresholds a vote pursuant to Charter Section 423 is not required. If the City Council approves the proposed amendment, it to will become a "prior amendment' that will be tracked for ten years. The proposed changes to Statistical Area L4 pertaining to Koll Center Newport Office Site B are shown as Exhibit "A" of the draft Planning Commission Resolution (Exhibit 1). Planned Community Text Amendment The Koll Center Newport Planned Community District Regulations were adopted by the City of Newport Beach on August 14, 1972. The applicant is proposing to amend Section I of Part II — Commercial pertaining to site and building areas. This particular section of the PC Text has been amended twice, once in 1980 and the latter in 1984. The proposed amendment would increase the allowable net building area by 1,367 square feet (the amount necessary to construct the proposed building) in Office Site B from 963,849 to 965,216 net square feet. The proposed change in building area within the PC Text affects the Statistical Analysis Section and that these changes have been included. The proposed changes to Section I of Part II of the PC Text are shown as Exhibit "B" of • the draft Planning Commission Resolution (Exhibit 1). �3 Area A.M. Peak Hour Trips I P.M. Peak Hour Trips Prior Amendment GP2001 -004 1,272 s.f. 80% 2.4(80%) 2.4(80%) Prior Amendment GP2004 -004 0 17.0(80%) 24.8(80%) Proposed Amendment 1,750 s.f. 100 1/6) 2(100%) 2(100%) Total 3,022 s.f. 121.4 29.2 As indicated in the preceding chart, the resulting total of the proposed amendment and is the "prior amendments" is an additional 21.4 — A.M. peak hour trips and 29.2 — P.M. peak hour trips and a total increase of 3,022 square feet. Since the totals do not exceed the 100 peak hour trip or 40,000 square foot thresholds a vote pursuant to Charter Section 423 is not required. If the City Council approves the proposed amendment, it to will become a "prior amendment' that will be tracked for ten years. The proposed changes to Statistical Area L4 pertaining to Koll Center Newport Office Site B are shown as Exhibit "A" of the draft Planning Commission Resolution (Exhibit 1). Planned Community Text Amendment The Koll Center Newport Planned Community District Regulations were adopted by the City of Newport Beach on August 14, 1972. The applicant is proposing to amend Section I of Part II — Commercial pertaining to site and building areas. This particular section of the PC Text has been amended twice, once in 1980 and the latter in 1984. The proposed amendment would increase the allowable net building area by 1,367 square feet (the amount necessary to construct the proposed building) in Office Site B from 963,849 to 965,216 net square feet. The proposed change in building area within the PC Text affects the Statistical Analysis Section and that these changes have been included. The proposed changes to Section I of Part II of the PC Text are shown as Exhibit "B" of • the draft Planning Commission Resolution (Exhibit 1). �3 Master Development Corporation Office Expansion June 9, 2005 Page 6 • Parking Parking for the existing office is being provided on a contiguous parcel, at the southerly side of the subject property. The parking parcel presently has a total of 11 parking spaces and is a part of Office Site B's common area parcel which is in accordance with the PC Text's parking pool allowance. To accommodate the new and larger office building and to comply with the parking pool criteria, the applicant is proposing to provide 5 additional parking spaces to the existing parking pool parcel. The proposed office development, therefore, will have adequate off - street parking as required for the business and professional office buildings within the Koll Center Newport. Square Footage Adjustment The Planning Department with the assistance from the Building Department recently completed a review of all existing building permits for Statistical Area L4 including Koll Center Newport Office Site B. The review revealed that the overall building gross floor area of this block is approximately 1,006,432 square feet and 54,466 square feet less than the Land Use Element currently indicates. This number was derived from a combination of building plans and permits and staff believes the current area total is accurate. Therefore, staff is suggesting to change the maximum area allocated in the • Koll Center Newport Office Site B from 1,060,898 to 1,006,432 gross square feet (not including the proposed increase allocation). With the proposed General Plan Amendment, the total gross square footage would be 1,008,182 (1,006,432 + 1,750). Staff also suggests that the overall gross square footage for this area should be added to the PC Text for reference purposes as the PC Text was adopted in 1972 prior to the adoption of the General Plan Land Use Element in 1987 and it contains allowable development in the form of net square footage. Environmental Review Pursuant to the California Environmental Quality Act, the project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). This class allows for new constructions of up to 10,000 square feet in urbanized areas where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property (excluding roads and waterways) and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. 5 0 • • • Master Development Corporation Office Expansion June 9, 2005 Page 7 Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. No written correspondence or any public inquiries have been received as of the writing of this report. Summary Staff believes the proposed General Plan Amendment does not conflict with the policies identified in the Land Use Element, does not exceed any of the thresholds for a vote established by Charter Section 423 and that the modest 1,750 gross square foot increase in floor area within the statistical area can be supported. Additionally, staff believes that the Code Amendment request for the office expansion of 1,367 net square foot can also be supported, as the proposed building meets all the development standards specified in the Koll Center Planned Community development standards and will not be detrimental to the surrounding office developments. Prepared by: i alinh M. Ung, ss ciate Planner Exhibits: Submitted by: atricia L. Temple, Plai ning Director 1. Planning Commission Resolution No. 2005- 2. Applicant's letter of request 3. Project Plans CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 July 7, 2005 TO: PLANNING COMMISSION FROM: Rosalinh Ung, Associate Planner (949) 644 -3208 rung @city.newport- beach.ca.us SUBJECT: Master Development Corporation Office Expansion 4200 Von Karman Avenue General Plan Amendment No. 2004 -006 & Code Amendment No. 2005 -006 (PA2004 -231) APPLICANT: Master Development Corporation On June 9, 2005, the Planning Commission considered an application from Master Development Corporation to increase the maximum allowable office square footage for the subject property located at 4200 Von Karman Avenue. After receiving public testimony, the Planning Commission moved to continue the application to July 7, 2005, in order for the applicant and the Koll Company to resolve several outstanding issues. As of June 30, 2005, staff has not received any further communication from the applicant nor the Koll Company pertaining to the application. Prepared by: Ro alinh M. Ung, s ociate Planner Submitted by: 'I O , )- Patricia L. 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