HomeMy WebLinkAbout19 - Uptown Newport Development Agreement Amendment located at 4311-4321 Jamboree RoadCTY OF
F
NEWPORT BEACH
City Council Staff Report
April 14, 2015
Agenda Item No. 19
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226,
kbrandt @newportbeachca.gov
PREPARED BY: Rosalinh Ung, Associate Planner
PHONE: (949) 644 -3208
TITLE: Uptown Newport Development Agreement Amendment located at 4311 -4321
Jamboree Road
ABSTRACT:
An amendment to Uptown Newport Development Agreement No. DA2012 -003 (DA) pertaining to the timing
of the payment of public benefit fees and fees in -lieu of parkland dedication.
RECOMMENDATION:
Staff requests that this item be continued to the April 28, 2015, City Council meeting to allow time for the
applicant and staff to explore different options as recommended by the Planning Commission regarding
additional public benefits in exchange for the proposed delay in fee payments.
FUNDING REQUIREMENTS:
The financial impacts of the proposed amendment will be discussed when the proposed amendment is
brought back for Council consideration.
DISCUSSION:
The applicant proposes to modify the development agreement as follows:
1. Section 3.1 deferring the payment of public benefit fees to the City from the issuance of building
permits to the issuance of certificates of occupancy; and
2. Section 3.2.1 deferring the payment of fees in -lieu of parkland dedication for all units at the issuance of
the first building permit for any unit in a final subdivision map to the issuance of building permits on a per -
unit basis.
Section 3.1 of the DA requires that the applicant pay a public benefit fee on a per -unit basis prior to the
issuance of each building permit in the amount of $32,500 per residential unit. This fee is also to be
adjusted annually for inflation beginning on January 1, 2015. The applicant is proposing to amend Section
3.1 to change the timing for the payment of the public benefit fee to be paid prior to occupancy on a
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building -by- building basis. Delaying the payment of this fee approximately 18 -24 months will increase the
fee based on the Consumer Price Index escalator provided in the DA.
On March 19, 2015, the Planning Commission conducted a public hearing and recommended Council
approval of the amendment (3 ayes, 2 noes, 1 recusal, and 1 absent). Additionally, the Commission
recommended that Council consider requiring additional public benefits in exchange for the proposed delay
in fee payments. The Commission did not request that any specific public benefit be added to the
agreement.
Staff has requested a two -week continuance to allow time to meet with the applicant regarding additional
public benefits for Council consideration.
ENVIRONMENTAL REVIEW:
All significant environmental concerns for the Uptown Newport project have been addressed in the
previously certified Environmental Impact Report No. ER2012 -001 (SCH No. 2010051094), and the City of
Newport Beach intends to use said document for the above noted project, and further that there are no
additional reasonable alternative or mitigation measures that should be considered in conjunction with said
project. Copies of the previously prepared environmental document are available for public review and
inspection at the Planning Division or at the City of Newport Beach website at
www.newportbeachca.gov/ceqadocuments.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item). Notice of this hearing was also published in the Daily Pilot and
the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website.
Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of
the boundaries of the site (excluding intervening rights -of -way and waterways), including the applicant, and
posted on the subject property at least 10 days before the scheduled meeting, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which
was posted at City Hall and on the City website.
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