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Home My WebLink About03 - Koll Center Newport - PA2006-095CITY OF NEWPORT BEACH < J ,ts °IL A L E'SD-A CITY COUNCIL STAFF REPORT " s " ° +o, (0-�} O6 Agenda Item No. 13" October 10, 2006 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: Koll Center Newport 4450 MacArthur Blvd. General Plan Amendment No. 2006 -003 Planned Community Development Amendment No. 2006 -001 (PA2006 -095) APPLICANT: The Koll Company ISSUE Should the City Council adopt a Mitigated Negative Declaration and approve a General Plan Amendment to increase the total gross floor area of general office in Sub -Area 1 -4 (Office Site A) of the Airport Area (Statistical Area 1-4) by 24,016 gross square feet; and an amendment to the, Koll Center Newport Planned Community (PC -15) to allow. the transfer of 24,016 gross' square feet of unused retail, restaurant and office square footage from Office "Site B>to Office' Site A? The Koll Company proposes to construct a 21,311 square foot, two -story, office building over a subterranean parking garage on a 1.49 -acre site at 4450 MacArthur Boulevard. RECOMMENDATION Staff recommends that the City Council hold a public hearing and approve the request- by adopting Resolution No. 2006 -_ approving General Plan Amendment No. 2006 -003 and adopting Mitigated Negative. Declaration (SCH No. 2006- 081039), and introducing Ordinance No. 2006 -_ approving Planned Community Development Amendment No. 2006 -001, and passing the ordinance to a second reading for adoption on October 24, 2006. DISCUSSION The Planning Commission reviewed the proposed amendments on September 7 and 21, 2006, and voted.4 ayes (2 absents and one abstain) to recommend approval of the proposed amendments to the City Council. The Planning Commission has evaluated the project in the context of the 1988 Land Use Element and the 2006 Land Use Element since the recently adopted General Plan update is not effective until such time as the voters approve it in November 2006. The attached resolution, if adopted, would amend only the 1988 Land Use Element and not the 2006 Land Use Element. As noted, the 2006 Land Use Element does Koll Center Newport October 10, 2006 Page 2 not account for the proposed project. Should the voters approve Measure V in November; this proposed amendment would be brought back for reauthorization. The applicant proposes to construct a two -story, 21,311 gross square foot office building to function as their new corporate headquarters. The proposed construction site is centrally located in. Office Site A of the Koll Center Newport Planned Community. The proposed 40 foot high building is designed over a 17 -space subterranean parking garage. The building features a modern, contemporary architectural design which consists of glass and stone fascia and stucco wall elements. The Land Use Element presently allocates a maximum of 436,079 gross square feet for non hotel uses for Koll Center Newport Office Site A (Sub -Area 1 -1) and it would not accommodate the proposed construction. This floor area limit includes the projected growth of 1,740 square feet for Steadfast Investment Properties permitted by General Plan Amendment No. 2005 -007 and 1,222 square feet for the Pacific Club remaining after the implementation of their current expansion authorized by GPA 97 -3(E). No additional growth within this block is anticipated as noted in the estimated growth table within the Land Use Element. The Land Use Element presently allocates a maximum of 1,062,648 gross square feet to Koll Center Newport Office Site B (Sub -Area 1 -2). This total includes a projected growth of 1,750 gross square feet for Master Development Corporation authorized by General Plan Amendment No. 2004 -006. No additional growth within this block is anticipated as noted in the estimated growth table within the Land Use Element. The basis upon which this project rests is the fact that there is unbuilt floor area identified by the Koll Center Planned Community that the 1988 and 2006 Land Use Elements do not recognize. The Koll Center Newport Planned Community presently authorizes 24,016 square feet of additional retail, office and restaurant floor area beyond that anticipated for Steadfast Investment Properties, Master Development Corporation and the Pacific Club. This un -built floor area was authorized prior to the original adoption of the 1988 Land Use Element. The 1988 Land Use Element established gross floor area limits at existing levels without accounting for the un -built floor area. To eliminate the discrepancy between the Land Use Element and the Koll Center Newport Planned Community, the Koll Company requests an increase in gross floor area authorized by the General Plan to accommodate the additional development contemplated by the Koll Center Planned Community. Additionally, in reviewing this application, staff discovered that an error currently exists within the Koll Center Newport Office Site B, and recommends correcting the discrepancy in association with this application. A recent review of all existing building permits within Koll Center Newport Office Site B, revealed that the overall building gross floor area of this area is approximately 1,060,146 square feet, which is 2,502 square feet less than the current maximum contained within the Land Use Element (1062,648 current maximum — 1,060,146 existing = 2,502). The total existing floor area of Office Area B was derived from a combination of building plans and Koll Center Newport October 10, 2006 Page 3 permits and it is believed to be more accurate than the estimate included within the 1988 Land Use Element. A detailed discussion of the amendments and proposed corrections is provided in the attached Planning Commission staff report. Charter Section 423 Analysis Amendment Area A.M. Peak Hour P.M. Peak Hour Trips Trips Prior Amendment GP 2001 -004 1,272 s.f. 2.4(80%) 2.4(80%) 80% Prior Amendment GP 2004 -004 0 17.0(80%) 24.8(80%) Prior Amendment 1,400 s.f. 1.6(80%) 1.6(80%) GP 2004 -006 80% Prior Amendment 1,392 s.f. 2.4(80%) 2.4(80%) GP2005 -007 80% Proposed Amendment 24,016 427(100%) 41.3(100%) 100% Total 28,080 66.1 72.5 As indicated in the preceding chart, the resulting total of the proposed amendment and prior amendments would not exceed the 100 peak hour trip or 40,000 square foot thresholds and a vote pursuant to Charter Section 423 is not required. Should the City Council approve the proposed amendment, it will become a "prior amendment' that will be tracked for ten years. The proposed changes to Statistical Area L4, Sub -Areas 1 -1 (KCN Office Site A) and 1 -2 (KCN Office Site B) and Estimated Growth for Statistical Area L4 Table are shown as Exhibit "A" of the draft City Council Resolution (Attachment A). Environmental Review A Mitigated Negative Declaration (MND) has been prepared by EDAW, Inc. for the proposed project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA) (Attachment #F). No significant unavoidable impacts are identified based upon a comparison of the proposed project with established thresholds of significance. The MND was circulated for public review between August 10 and September 5, 2006. Comments were received from Orange County Airport Land Use Commission, City of Irvine and California Cultural are included in the Public Notice Resource Preservation Alliance, Inc. Responses to comments received Errata attached to the MND. 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 Nall and on the city website. Prepared by: Koll Center Newport October 10, 2006 Page 4 Submitted by: PAXI�Lch�, Patricia L. Temple, Planhing 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. D. Excerpt of the minutes from the September 7 and 21, 2006, Planning Commission meetings E. Planning Commission Staff Reports from the September 7 and 21, 2006 (Without attachments) F. Initial Study /Mitigated Negative Declaration &' G. Project Plans ' Distributed separately due to bulk. Available for public review at the City Clerk's Office. ATTACHMENT A DRAFT CITY COUNCIL RESOLUTION S RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE DECLARATION (SCH NO. 2006 -081039) AND APPROVING GENERAL PLAN AMENDMENT NO. 2006 -003 TO INCREASE THE DEVELOPMENT ALLOCATION OF KOLL CENTER NEWPORT OFFICE SITE A OF AIRPORT AREA (STATISTICAL AREA 1-4) BY 24,016 GROSS SQUARE FEET (PA 2006 -095) WHEREAS, an application was filed by The Koll Company with respect to Office Sites A and B of the Koll Center Newport Planned Community generally bounded by MacArthur Boulevard to the west, Birch Street to the north and northeast and Jamboree Road to the southeast, requesting a General Plan Amendmend to increase the maximum gross floor area permitted in Sub -Area 1 -1 (Office Site A) of the Airport Area (Statistical Area 1-4) by 24,016 square feet and an amendment to the Koll Center Newport Planned Community (PC -15) to allow the transfer of 24,016 gross square feet of unused retail, restaurant and office square footage from Office Site B to Office Site A. The aplications are requested to facilitate the construction of a 21,311 square foot, two-story office building over a subterranean parking garage on a 1.49 -acre site at 4450 MacArthur Boulevard: and WHEREAS, on September 7, 2006, 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 closed the public hearing and continued the project to the September 21, 2006 meeting; WHEREAS, at the September 21, 2006 meeting, the Planning Commission, with a vote of 4 ayes (2 absents and one abstain), recommended adoption of the Mitigated Negative Declaration including the Mitigation Monitoring and Report Program, and approval of General Plan Amendmend No. 2006 -003; and WHEREAS, a public hearing was held by the Newport Beach City Council on October 10, 2006 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 City Council at this meeting; and WHEREAS, the project site 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 paved common parking area for Office Site A; and, WHEREAS, 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 0 Page 2 of 9 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; and WHEREAS, the Land Use Element presently allocates a maximum of 436,079 gross square feet for non hotel uses for Koll Center Newport Office Site A (Sub -Area 1 -1). This floor area limit includes the projected growth of 1,740 square feet for Steadfast Investment Properties permitted by General Plan Amendment No. 2005 -007 and 1,222 square feet for the Pacific Club remaining after the implementation of their current expansion authorized by GPA 97 -3(E). No additional growth within this block is anticipated as noted in the estimated growth table within the Land Use Element; and, WHEREAS, the Land Use Element presently allocates a maximum of 1,062,648 gross square feet to Koll Center Newport Office Site B (Sub -Area 1 -2). This total includes a projected growth of 1,750 gross square feet for Master Development Corporation authorized by General Plan Amendment No. 2004 -006. No additional growth within this block is anticipated as noted in the estimated growth table within the Land Use Element; and, WHEREAS, a recent review of all existing building permits within Koll Center Newport Office Site B, revealed that the overall building gross floor area of this area is approximately 1,060,146 square feet, which is 2,502 square feet less than the current maximum contained within the Land Use Element (1062,648 current maximum — 1,060,146 existing = 2,502). The total existing floor area of Office Area B was derived from a combination of building plans and permits and it is believed to be more accurate than the estimate included within the 1988 Land Use Element; and, WHEREAS, the Koll Center Newport Planned Community presently authorizes 24,016 square feet of additional retail, office and restaurant floor area beyond that anticipated for Steadfast Investment Properties, Master Development Corporation and the Pacific Club. This un -built floor area was authorized prior to the original adoption of the 1988 Land Use Element. The 1988 Land Use Element established gross floor area limits at existing levels without accounting for the un -built floor area; and, WHEREAS, to eliminate the discrepancy between the Land Use Element and the Koll Center Newport Planned Community, the Koll Company requests an increase in gross floor area authorized by the General Plan to accommodate the additional development contemplated by the Koll Center Planned Community; and, WHEREAS, 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 project would increase the development allocation in Office Area A by 24,016 square feet; however, only a total of 21,311 square feet would be used for the construction of the new office building to be occupied by the Koll Company. The remaining un -built square footage of 2,705 would be reserved for future office development within Office Area A. Although the proposed amendment to the Koll Center Newport Planned Community eliminates a potential small retail site (10,000 square feet) and two potential restaurant sites (totaling 14,000 square feet), the Planned Community allows unused floor area allocated for these uses to be converted to professional and business office use (Section Group V - Restaurants). The project is I Page 3 of 9 consistent with this policy as the change of uses does not significantly alter the character of the area and the resulting office development is consistent with the surrounding uses and with the Land Use Designation of the Land Use Element; and, WHEREAS, 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 of 24,016 square feet for office development. The proposed development is anticipated to generate less than 300 daily trips and therefore, does not require the preparation of a traffic analysis pursuant to the City's Traffic Phasing Ordinance; and, therefore is consistent with Policy B; and, WHEREAS, 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. The project is designed to meet all applicable development standards contained within. The proposed building height, size, and, architectural design of the project will be physically compatible with the existing and surrounding professional office and commercial developments; and, WHEREAS, 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 represent an increase of 42.7 — A.M. and 41.3 P.M. peak hour trips, 24,016 gross square feet of non - residential floor area and zero residential units. These increases, when added with 80% of the increases attributable to four previously approved amendments (GP2001 -004, GP2004 -004, GP2004 -006 and GP2005 -007), result in a total of 66.1 — A.M. peak hour trips and 72.5 — P.M. peak hour trips and a total increase in 28,080 square feet do not cumulatively exceed Charter Section 423 thresholds for a vote; and, WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines; and, City Council Policy K -3. The Draft MND was circulated for public comment between August 4 and September 5, 2005. Comments were received from Orange County Airport Land Use Commission, City of Irvine, and California Cultural Resource Preservation Alliance, Inc. The contents of the environmental document, including comments on the document, have been considered in the various decisions on this project; and, WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and reduce potential environmental impacts to a less than significant level. 0 Page 4 of 9 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach does hereby adopt Mitigated Negative Declaration (SCH NO. 2006 - 081039) including the Mitigation Monitoring and Report Program; and approve General Plan Amendment No. 2006- 003 by amending the Land Use Element, Statistical Area L4, KCN- Office Site A, and 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 October 10, 2006 by the following vote to wit: AYES, COUNCIL MEMBERS. NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS ATTEST: CITY CLERK LTA YAWS] 0 Page 5 of 9 Exhibit "A" The following changes should be made to the Land Use Element and all other provisions of the Land Use Element shall remain unchanged: Airport Area (Statistical Area L4) 1 -1. KCN Office Site A. This site is designated for Administrative, Professional and Financial Commercial land use and is allowed 436,979 460,095 sq. ft. plus 471 hotel rooms. [GPA97- 3(E)][GP 2006 -003]. 1 -2 KCN Office Site B. This site is designated for Administrative, Professional and Financial Commercial land use and is allowed 1,860,890 1,060,146 square feet)[GP 2006 -003]. Support retail commercial uses are allowed within this allocation. 12 Page 6 of 9 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 0110111987 Projection Growth 1 -1. KCN OS A 0 0 0 "' 780,223 8a o, 485 834,201 29,962 63,978 1 -2. KCN OS B 0 0 0 1;069;898 "" 1,060,146 1,G62,648 062;648 1,060,146 4;750 0 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- Court 10. 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 NP BLK G & 2 -7. H 0 0 0 342,641 344,231 1,590 2 -8. NP BLK 1 0 0 0 99,538 378,713 279,175 2 -9. NP BLK J 0 0 0 203,528 228,530 25,002 Campus 3 Drive 0 0 0 885,202 1,261,727 376,525 TOTAL 0 0 0 6,991,618 6,900,858 8;099,552 8,121,066 1,187,942 1,220,208 Revised Population 0 0 0 0910712006 'Existing Existing square footage as of "Existing as of 05/2412005 as of 01/22/2002 *"Existing as of 06/2212006 09/07/2006 Page 7 of 9 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 development shall be in substantial conformance with the approved site plan and floor plans dated July 27, 2006 (except as modified by applicable conditions of approval). 3. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 4. 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. The construction plans must meet all applicable State Disabilities Access requirements. 5. The parking level shall have 8 feet 2 inches clear ceiling height. 6. The elevator shall not open to the stair enclosure. 7. The stairs shall have one -hour enclosure. 8. A preliminary code review is recommended. 9. The parking lot layout and the subterranean parking area shall comply with the City Standard Plans STD - 805 -L -A and STD - 805 -L -B; and, shall be reviewed and approved by the City Traffic Engineer. 10. The ramp slope to the subterranean parking shall comply with City Standard Plan STD - 160 -L -C. 11. Drive aisle leading into the subterranean parking area shall be a minimum of 26 feet wide. 12. The final on -site parking, vehicular and pedestrian circulation systems shall be reviewed and approved by the City Traffic Engineer. 13. The mechanical equipment shall not impact the required parking stalls or drive aisle dimensions. 14. No above ground permanent improvements shall be built within the limits of the existing utilities and pedestrian easements adjacent to the property frontage, along the MacArthur Boulevard. Ix Page 8 of 9 15. The applicant shall submit a detail drainage plan to show how the storm runoff that travels down the driveway ramp will be discharged in a timely manner so as to prevent the underground garage from being flooded from raining. 16. All improvements shall be constructed per the Public Works Department standards. Additional public works improvements may be required at the discretion of the Public Works Department. 17. An ADA compliant curb access ramp shall be constructed at each of the MacArthur Boulevard curb returns, at the entrance to the shared service driveway. 18. All above ground utilities shall be located outside the sight distance planes per City Standard Plan STD - 110 -L. 19. A construction traffic control plan shall be approved by the City prior to the issuance of the encroachment permit. Said plan shall be wet sealed, signed and dated by a California Registered Traffic Engineer. 20. Elevator shall be gurney accommodating in accordance with Chapter 30 of the California Building Code, 2001 Edition. Interior cab dimensions shall be a minimum of 54 inch by 80 inch. 21. The building shall be provided with an automatic fire sprinkler system. 22. The sprinkler system shall be monitored. 23. Approved numbers or addresses shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting the property. Said numbers shall be of non - combustible materials and contrast with their background and shall be either internally or externally illuminated by a photo cell to visible at night. The numbers shall be no less than six inches in height with a one -inch stroke. 24. The parking garage gate shall be strobe and knox key switch. 25. The building shall be provided with a knox box. 26. A Fire Department connection shall be located within 150 feet if a fire hydrant. 27. The building plans shall specify the occupancy classification. 28. Prior to issuance of building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site and any adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices. The landscape plans shall be approved by the Planning Director prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site 15 Page 9 of 9 moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 29. All landscape materials and landscaped areas shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs; and, cleaning as part of regular maintenance. 30. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets; and, shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 31. Prior to the issuance of a building permit or within 30 days of receiving a final notification of costs, the applicant shall be responsible for the payment of all administrative costs identified by the Planning Department, 32. The construction and equipment staging area shall be located in the least visually prominent area on the site and shall be properly maintained and /or screened to minimize potential unsightly conditions. 33. A six -foot high screen and security fence shall be placed around the construction site during construction. 34. Construction equipment and materials shall be properly stored on the site when not in use. H ATTACHMENT 6 DRAFT CITY COUNCIL ORDINANCE 15 ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT AMENDMENT NO. 2006 -001 TO INCREASE THE DEVELOPMENT ALLOCATION FOR PROFESSIONAL AND BUSINESS OFFICES OF SITE A BY 24,016 SQUARE FEET AND ELIMINATE THE ENTIRE RETAIL SITE #1, AN UNDEVELOPED PORTION OF RESTAURANT SITE #2 AND THE ENTIRE RESTAURANT SITE #5 (PA 2006 -095) WHEREAS, an application was filed by The Koll Company with respect to Office Sites A and B of the Koll Center Newport Planned Community generally bounded by MacArthur Boulevard to the west, Birch Street to the north and northeast and Jamboree Road to the southeast, requesting a General Plan Amendmend to increase the maximum gross floor area permitted in Sub -Area 1 -1 (Office Site A) of the Airport Area (Statistical Area 1-4) by 24,016 square feet and an amendment to the Koll Center Newport Planned Community (PC -15) to allow the transfer of 24,016 gross square feet of unused retail, restaurant and office square footage from Office Site B to Office Site A. The aplications are requested to facilitate the construction of a 21,311 square foot, two -story office building over a subterranean parking garage on a 1.49 -acre site at 4450 MacArthur Boulevard; and WHEREAS, on September 7, 2006, 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 closed the public hearing and continued the project to the September 21, 2006 meeting; WHEREAS, at the September 21, 2006 meeting, the Planning Commission, with a vote of 4 ayes (2 absents and one abstain), recommended approval of Planned Community Development Amendment No. 2006 -001 to the City Council; and WHEREAS, a public hearing was held by the Newport Beach City Council on October 10, 2006 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 City Council at this meeting; and WHEREAS, the project site 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 paved common parking area for Office Site A; and, WHEREAS, 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 ) ID Page 2 of 10 with surrounding land uses. The City implements this policy through the Koll Center Planned Community Text. The project is designed to meet all applicable development standards contained within. The proposed building height, size, and, architectural design of the project will be physically compatible with the existing and surrounding professional office and commercial developments; and, WHEREAS, an amendment to the Koll Center Planned Community Text to allow the conversion of retail site #1, an undeveloped portion of restaurant site #2 and the entire restaurant site #5 from Office Site 13, a total of 24,016 square feet, to professional and business office use is consistent with the provisions stated in Group V and VI of the Planned Community Development Standards that allow retail and restaurant acreage not utilized for that purpose to be developed as office use; and WHEREAS, the proposed office development meets all the development standards for building setbacks and on -site parking; and WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines; and, City Council Policy K -3. The Draft MND was circulated for public comment between August 4 and September 5, 2005. Comments were received from Orange County Airport Land Use Commission, City of Irvine and California Cultural Resource Preservation Alliance, Inc. The contents of the environmental document, including comments on the document, have been considered in the various decisions on this project; and, WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and reduce potential environmental impacts to a less than significant level. 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. 11 Page 3 of 10 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 2006, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS ATTEST: CITY CLERK MAYOR (. V Page 4 of 10 Exhibit "A" 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) B. Allowable Building Area Site A 242,11 sgtt ae feetTl�(2� 66147 (16) (29) Site B 965,216 .,,..,.._o r t (13)(16),( g) 7 80 (13, Site C 674,800 square feet (10)(15) Site U 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) 2 350,699 - ---ffe 6fi- 5N69-9 - feet C. Statistical Analysis (4) The following statistics are for information only. Development may include but shall not be limited to the following: Story heights shown are average heights for possible development. The buildings within each parcel may vary. Assumed Parking Criteria: a. One (1) space per 225 square feet of net building area @ 120 cars per acre for sites C, D, E, F and G. (Text Page) 15 M Total Acreage Office Acreage Site A 30.939 acres * 30.939 acres Site B 43.703 acres (11) 43.703 acres (11) Site C 18.806 acres (10) 18.806 (10) Site D 19.673 acres 19.673 acres Site E 2.371 acres 2.371 acres Site F 1.765 acres 1.765 acres Site G 5.317 acres (8) 5.317 acres (81 122.574 acres (8)(10)(11)122.574 acres (8)(10)(11) B. Allowable Building Area Site A 242,11 sgtt ae feetTl�(2� 66147 (16) (29) Site B 965,216 .,,..,.._o r t (13)(16),( g) 7 80 (13, Site C 674,800 square feet (10)(15) Site U 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) 2 350,699 - ---ffe 6fi- 5N69-9 - feet C. Statistical Analysis (4) The following statistics are for information only. Development may include but shall not be limited to the following: Story heights shown are average heights for possible development. The buildings within each parcel may vary. Assumed Parking Criteria: a. One (1) space per 225 square feet of net building area @ 120 cars per acre for sites C, D, E, F and G. (Text Page) 15 M *(3)(4) Page 5 of 10 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 ...... 342,131 131 square feet (1 6)(29` Site Area 19.399 acres *(3)(4)(16) a. Building Height Land Coveraee (I Two story development ayes Three story development 2.`= 61 aerr Four story development 1.96 acres Five story development 1.°�es Six story development 1.31 acres Seven story development 1.1'x^ es Eight story development nn names Nine story development 8:87 -ages Ten story development 0 -78 acres Eleven story development " 'v 1 m Rc.Feg Twelve story development 0- 5 - acres 366,14? square feet'( 16)(29J(3.0) b. Parkine Land Coverage 1,139 ears ;1,221 cars 949 -ac�- I*l6)(29) c. Landscaped Open Space (4) (11) (16)Land Coveraee (29)(301 Two story development 5.99 acre Three story development 7 -30 acre Four story development 7�95 acre Five story development 8:34 -acres Six story development 9 6 0 .. Seven story development 8.79 acre Eight story development 8 -93 -acres Nine story development 9.04 cres Ten story development 9.13 sere Eleven story development 9-20-aefes Twelve story development 9.26 acres Site B Allowable Building Area ........�65�)(16}{28) 967483 Sc3uare. fee, t (.13)('f 6) (28)(30) Site Area ........43.703 acres (4)(1 1) (Text Page) 16 gb 3 a. Building Height Two story development Three story development Four story development Fivc 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 9,219 ms 3 226 e3 C. Landscaped Open Space (1 Two story development Three story development Four story development Five story development Six story development Sevcn story development Eight story development Nine story development Ten story development Eleven story development Twelve story development Site C (10) Page 6 of 10 Land Coverage (11) (13) (16) (28!5 OP. 26. °� - of -aere-q 26 88 aargs 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 Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development (Text Page) 17 Land Coverage (15) .......7.75 acres .......5.16 acres .......3.87 acres ....... 3.10 acres .......2.58 acres .......2.21 acres .......1.94 acres .......1.72 acres .......1.55 acres .......1.41 acres .......1.29 acres vZ' Page 7 of 10 E. Building Height Maximum building height shall not exceed height limits set by the Federal Aviation authority for Orange County Airport. Group IV. SERVICE STATIONS A. Building Site (4) (5) (11) Site 3: 1.765 acres 1.765 acres Service station site 3 shall be located within Office Site F and shall not exceed 1.765 acres in size. Any portion or alI of Site 3 not utilized for service station use shall revert to either professional and business office use or restaurant use. (4) Group V. RESTAURANTS (1) (4) A. Building Sites Maximum acreages for Site 2 shall not exceed 1.25 (18) acres. Maximum acreage for Site 3: 1.765 acres. Maximum acreages for Sites 4 and 5 shall not exceed 3.0 acres. Maximum acreage for Sites 6 and 7 shall not exceed 2.2 acres. (8) (The following acreages are for information only.) Site 1 Deleted see Group ViL ...................(18) Site 2 1.25 acres Site 3 1.765 acres Site 6e7eter1'( 30) ...... ............................... Site 5 I3e10 €cd,{ X47 ............... ............................... 4.49 aorzq Site 6 1.50 acres (8) Site 7 0.70 acres (8) 4i 5, es i 5' 1 "'Rcre� Fi09 Site 1 Deleted see Group VII Private Club (18) Site 3 located within Office Site "F ". (4) Any portion or all of the restaurant, bar, theater /nightclub acreage for Sites 2, 4, 5, 6 or 7 not utilized for that purpose shall revert to professional and business office use. Any portion or all of the restaurant acreage for Site 3 not utilized for that purpose shall revert to either professional and business office use or service station use. (4) (8) (18) (Text Page) 22 IN IC C. D E. Page 8 of 10 The following statistics are for information only. Development may include but shall not be limited to the following. Building Area (4) Parking Criteria: 300 occupants/ 10,000 sq. ft. 1 space /3 occupants and 120 cars per acre. Site 2 50 ears ...........................0.42 aere .............. 24 cars 0 �0 ac�es;,(30) Site 3 100 cars ........................ 0.84 acres Site 6 ( 8) ... ............................... 70 cars................ 0.58 acres Site 7 (8) ................... 30 cars ...............0.25 acres a90 -s^_^ ---------------3.23 -acres ....... Landscaped Open Space (4) ..._ . Site 2 0.72 acres ....... ................. ..... 1 9 acr95 C ?0) Site 3 0.70 acres .mp,. v-aciys Site 5 —0-76 Site 6 (8) ..... ............................... 0.76 acres Site 7 (8) ..................... 0.38 acres 4. Q n nQ .o (Q) n p aor 2$3 acres ;2.83 acles,(8? (18) (30) Building Height Building height of structures shall be limited to a height of thirty -five (35) feet. Croup VI. RETAIL & SERVICE CENTER A. Building Site (4) (5) (Text Page) 23 R-3 Page 9 of 10 Site 1 ... .......................... 5.026 acres Site 2 ......................... , ' .' 00 -acres Deleted (30) 6.526 ae€ s ............................... 6.42A acres 5'i026 acres 5 026 acres (3D:) Site 2 shall be located within Office Site "B." any portion or all of the retail and service Site 2 acreage not utilized for that purpose shall revert to professional and business office use. (4) (16) B. Allowable Building Area (5) *Retail Site No. 1 ..................102,110 sq. ft. (14)(27) Retail Site No. 2 ....................10,000 sq. (30) *Retail Site No. I (S. Ft.) Parcel Existing Total Parcell,R /S 588 (H} (H) 70,630 Parcel3,R/S 506 (R) (R) 0 (0) (0) 22,000 Parcel 4, R/S 506 (R) 4,115 (R) 21,896 (0) 0 (0) 5,474 Subtotal (R) 12,315 (R) 21,896 (0) 0 (0) 27,474 (h1) 70,630 Total 120,000 (14)(27) (R) = Retail (0) = Office (H)= Hotel C. Landscape Area (5) Twenty -five (25) percent of the 5.026 acres constituting retail and service center Site No. 1 shall be developed as landscape area. If twenty -five (25) percent of the 5.026 acres constituting retail and service center Site No. 1 is not developed as landscape area, a specific site plan shall be submitted to the City of Newport Beach Planning Commission for approval prior to the issuing of a building permit. D. Statistical Analysis (5) The following statistics are for information only. Development may include but shall not be limited to the following. (TextPage)24 Group VII Page 10 of 10 Assumed parking criteria: One (1) space per 200 square feet of net building area at 120 cars per acre. 1. Site 1 Allowable Building Area ............................... ............................... 120,000 sq. ft.(24)(27) (14) SiteArea ......................................................... ............................... 5.026 acres a. Building Height (14) Two story development ..........................1.17 acres Three story development ........................0.78 acres Four story development ..........................0.59 acres Five story development ...........................0.47 acres b. Parking (14) 460 cars............ C_ Landscaped Open Space (14) Two story development ........ Three story development ...... Four story development........ Five story development......... 3.83 acres ..................0.03 acres ..................0.87 acres ..................0.61 acres ..................0.73 acres E. Building Height Building height of structures shall be limited to a height of thirty -five (35) feet above mean existing grade as shown on Exhibit "B." (5) PRIVATE CLUB (18) A. Building Site Site 1 .....................2.0 acres (Text Page) 25 2.0 acres �Z� ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 1697 RESOLUTION NO. 1697 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT MITIGATED NEGATIVE DECLARATION (SCH NO. 2006 - 081039) AND APPROVE GENERAL PLAN AMENDMENT NO. 2006 -003 TO INCREASE THE DEVELOPMENT ALLOCATION OF STATISTICAL AREA L4, KOLL CENTER NEWPORT OFFICE SITE A BY 24,016 GROSS SQUARE FEET AND PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2006 -001 TO INCREASE THE DEVELOPMENT ALLOCATION FOR PROFESSIONAL AND BUSINESS OFFICES OF SITE A AND ELIMINATE THE ENTIRE RETAIL SITE #1, AN UNDEVELOPED PORTION OF RESTAURANT SITE #2 AND THE ENTIRE RESTAURANT SITE#5 (PA 2006 -095) WHEREAS, an application was filed by The Koll Company with respect to Office Sites A and B of the Koll Center Newport Planned Community generally bounded by MacArthur Boulevard to the west, Birch Street to the north and northeast and Jamboree Road to the southeast, requesting a General Plan Amendmend to increase the maximum gross floor area .permitted in Sub -Area 1 -1 (Office Site A) of the Airport Area (Statistical Area L4) by 24,016 square feet and an amendment to the Koll Center Newport Planned Comi unity (PC -15) to allow the transfer of 24,016 gross square feet of unused retail, restaurant and office square footage from Office Site B to Office Site A. The aplications are requested to facilitate the construction of a 21,311 square foot, two -story office building over a subterranean parking garage on a 1.49 -acre site at 4450 MacArthur Boulevard; and WHEREAS, a public hearing was held on September 7, 2006, 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; and WHEREAS, 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; and WHEREAS, the project site 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 paved common parking area for the Office Site A; and, WHEREAS, the Land Use Element presently allocates a maximum of 436,079 gross square feet for non hotel uses for Koll Center Newport Office Site A (Sub -Area 1 -1). This floor area limit includes the projected growth of 1,740 square. feet for Steadfast Investment Properties permitted by General Plan Amendment No. 2005 -007 and 1,222 square feet for the Pacific Club remaining after the implementation of their current expansion authorized by GPA R1 Planning Commission Resolution No. Page 2 of 19 97 -3(E). No additional growth within this block is anticipated as noted in the estimated growth table within the Land Use Element; and, WHEREAS, the Land Use Element presently allocates a maximum of 1,062,648 gross square feet to Koll Center Newport Office Site B (Sub -Area 1 -2). This total includes a projected growth of 1,750 gross square feet for Master Development Corporation authorized by General Plan Amendment No. 2004 -006. No additional growth within this block is anticipated as noted in the estimated growth table within the Land Use Element; and, WHEREAS, a recent review of all existing building permits within Koll Center Newport Office Site B, revealed that the overall building gross floor area of this area is approximately 1,060,146 square feet, which is 2,502 square feet less than the current maximum contained within the Land Use Element (1062,648 current maximum — 1,060,146 existing = 2,502). The total existing floor area of Office Area B was derived from a combination of building plans and permits and it is believed to be more accurate than the estimate included within the 1988 Land Use Element; and, WHEREAS, the Koll Center Newport Planned Community presently authorizes 24,016 square feet of additional retail, office and restaurant floor area beyond that anticipated for Steadfast Investment Properties, Master Development Corporation and the Pacific Club. This un -built floor area was authorized prior to the original adoption of the 1998 Land Use Element. The 1988 Land Use Element established gross floor area limits at existing levels without accounting for the un -built floor area; and, WHEREAS, to eliminate the discrepancy between the Land Use Element and the Koll Center Newport Planned Community, the Koll Company requests an increase in gross floor area authorized by the General Plan to accommodate the additional development contemplated by the Koll Center Planned Community; and, WHEREAS, 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 project would increase the development allocation in the Office Area A by 24,016 square feet; however, only a total of 21,311 square feet would be used for the construction of the new office building to be occupied by the Koll Company. The remaining un -built square footage of 2,705 would be reserved for future office development within Office Area A. Although the proposed amendment to the Koll Center Newport Planned Community eliminates a potential small retail site (10,000 square feet) and two potential restaurant sites (totaling 14,000 square feet), the Planned Community allows unused floor area allocated for these uses to be converted to professional and business office use (Section Group V - Restaurants). The project is consistent with this policy as the change of uses does not significantly alter the character of the area and the resulting office development is consistent with the surrounding uses and is consistent with the Land Use Designation of the Land Use Element; and, WHEREAS, 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 Planning Commission Resolution No. Page 3 of 19 increase of 24,016 square feet of proposed for office development. The proposed development is anticipated to generate less than 300 daily trips and therefore, does not required the preparation of a traffic analysis pursuant to the City's Traffic Phasing Ordinance; and, therefore it is consistent with Policy B; and, WHEREAS, 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. The project is designed to meet all applicable development standards contained within. The proposed building height, size; and, architectural design of the project will be physically compatible with the existing and surrounding professional office and commercial developments; and, WHEREAS, 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 represent an increase of 42.7 — A.M. and 41`.3 P.M. peak hour trips, 24,016 gross square feet of non - residential floor area and zero residential units. These increases, when added with 80% of the increases attributable to four previously approved amendments (GP2001 -004, GP2004 -004, GP2004 -006 and GP2005 -007), result in a total of 66.1 — A.M. peak hour trips and 72.5 — P.M. peak hour trips and a total increase in 28,080 square feet do not cumulatively exceed Charter Section 423 thresholds for a vote; and, WHEREAS, the Land Use Policy No. 4.3 of the 2006 Land Use Element sets criteria for the transfer of development rights from a property to one or more other properties. The project would not be in conflict with this policy as the proposed transfer of development rights would occur within the same statistical area. The reduction of allowed development within the donor site would serve to reduce traffic trips (general office uses generate fewer trips than restaurant or retail uses) and therefore, would not result in any impacts to the local circulation system. The proposed development to be located on the receiver site has been designed with an architectural style is compatible with existing development in the business complex; and, WHEREAS, the Land Use Policy No. 5.3.6 of the 2006 Land Use Element requires that adequate parking be provided and is conveniently located to serve tenants and customers. Set open parking lots back from public streets and pedestrian ways and screen wtth buildings, architectural walls, or dense landscaping. Parking for the new office building would be provided in a combination of surface and below -grade lots immediately adjacent to the proposed structure. The parking areas will be convenient and accessible to the tenants and customers. Views of the parking lot would be minimized through the placement of parking underground and through the placement of the structure nearest to the public sidewalk that would serve to shield the existing. parking lot to the east of the building. Landscaping of the lot is also proposed; and, �3 Planning Commission Resolution No. Page 4 of 19 WHEREAS, the amendment to the Koll Center Planned Community Text to allow the conversion of retail site #1, an undeveloped portion of restaurant site #2 and the entire restaurant site #5 from Office Site B, a total of 24,016 square feet, to professional and business office use is consistent with the provisions stated in Group V and VI of the Planned Community Development Standards that allows retail and restaurant acreage not utilized for that purpose to be developed as office use; and WHEREAS, the proposed office development meets all the development standards for building setbacks and on -site parking; and WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines; and, City Council Policy K -3. The Draft MND was circulated for public comment between August 4 and September 5, 2005. Comments were received from Orange County Airport Land Use Commission, City of Irvine and California Cultural Resource Preservation Alliance, Inc. The contents of the environmental document, including comments on the document, have been considered in the various decisions on this project; and, WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and reduce potential environmental impacts to a less than significant level. NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS: Section No. 1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Planning Commission's independent judgment and analysis. The Planning Commission hereby recommends that the City Council adopt Mitigated Negative Declaration SCH No. 2006 - including the Mitigation Monitoring and Reporting Program attached therewith. The document and all material which institute the record upon which this decision was based on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. Section No. 2. Based on the aforementioned findings, the Planning Commission hereby recommends approval of General Plan Amendment No. 2006 -003 affecting the 1988 Land Use Element as amended per Exhibit "A" Section No. 3. The Planning Commission hereby also recommends approval of General Plan Amendment No. 2006 -003 per Exhibit "B" Section No. 4. The Planning Commission hereby recommends approval of Planned Community Development Plan Amendment No. 2006 -001 per the revised Koll Center Newport �b Planning Commission Resolution No. Page 5 of 19 Planned Community District regulations depicted in Exhibit "C" subject to the standard code requirements listed in Exhibit "D ". PASSED, APPROVED AND ADOPTED THIS 21s' DAY OF SEPTEMBER 2006. 5:33 91 Jeffrey Cole, Chairman Robert Hawkins, Secretary AYES: Eaton, Hawkins. Cole and Toerge ABSENT: Henn and Peotter ABSTAIN: McDaniel 3� Planning Commission Resolution No. Page 6 of 19 Exhibit "A" The following changes should be made to the Land Use Element and all other provisions of the Land Use Element shall remain unchanged: Airport Area (Statistical Area L4) 1 -1. KCN Office Site A. This site is designated for Administrative, Professional and Financial Commercial land use and is allowed 436,079 460,095 sq. ft. plus 471 hotel rooms. [GPA97- 3(E)][GP 2006 -003]. 1 -2 KCN Office Site B. This site is designated for Administrative, Professional and Financial Commercial land use and is allowed 1,86Q;8961,060,146 square feet)[GP 2006 -003]. Support retail commercial uses are allowed within this allocation. Planning Commission Resolution No. Page 7 of 19 ESTIMATED GROWTH FOR STATISTICAL AREA L4 Residential (in du's) Commercial (in sq. ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 0110111987 Projection Growth 0110111987 Projection Growth 1 -1. KCN OS A 0 0 0 "* 780,223 810;185 834,201 29;962 53,978 1 -2. KCN OS B 0 0 0 4,960,898 "" 1,060,146 4;962;648 1,060,146 47M 0 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- Court 10. House 0 0 0 69,256 90,000 20,744 2 -1. NP BLKA 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 NP BLK G & 2 -7. H 0 0 0 342,641 344,231 1,590 2 -8. NP BLK 1 0 0 0 99,538 378,713 279,175 2 -9. NP BLK J 0 0 0 '* 203,528 228,530 25,002 Campus 3 Drive 0 0 0 885,202 1,261,727 376,525 TOTAL 0 0 0 6-'9t� 6,900,858 8,121,066 4 OTC2 1,220,208 Revised Population 0 0 0 09107/2006 * *"Existing Existing square footage as of "Existing as of 05124/2005 as of 01/22/2002 *"Existing as of 0612212006 09/07/2006 Planning Commission Resolution No. Page 8 of 19 Exhibit `B" The following changes to the maximum gross floor area within the 2006 Land Use Element should be made provided the voters of Newport Beach affirmatively vote to enact the 2006 Land Use Element on November 7, 2006. All other provisions of the 2006 Land Use Element would remain unchanged: Table LU2 Anomaly Locations Anomaly Number Statistical Area Land Use Designation Development Limits Development Limit Other Additional Information 1 L4 MU -H2 43,079 471 Hotel 460,095 Rooms (Not included in total square . footage 2 L4 MU -H2 1,062,648 1,060,146 34 Planning Commission Resolution No. Page 9 of 19 Exhibit "C" The following changes will be made to Group I (Professional and Business Offices), Group V (Restaurants) and Group VI (Retail and Service Center) of Section I of Part It (COMMERCIAL) of the Koll Center Planned Community Text and all other provisions of the PC Text shall remain unchanged. 3� PART II Section I. Group I (30 },`opase� " enClzgE COMMERCIAL forew�I,cueasdiot Izxepared�,6y �n�t�4ln�t��'�f2l��f„�§F Site Area and Building Area PROFESSIONAL & BUSINESS OFFICES Acreages shown are net buildable land area including landscape setbacks with property lines. (4) 9 Site A Site B Site C Site D Site E Site F Site G Site A Site B Site C Site D Site E Site F Site G C. 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 342,131 square feet (1_ (29) 965,216 square .,t (16,4 674,800 square feet (I0)(15) 240,149 square feet (8)(13) 32,500 square feet (4) 24,300 square feet (4) 45,000 square feet (8) Statistical Analysis (4) Office Acreage 30.939 acres 43.703 acres (11) 18.806 (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 122.574 acres (8)(10)(_11) The following stastics are for information only. Development may include but shall not be limited to the following: Story heights shown are average heights for possible development. The buildings within each parcel may vary. Assumed Parking Criteria: a. One (1) space per 225 square feet of net building area @ 120 cars per acre for sites C, D, E, F and G. 15 3� *(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 (t) space per 300 square feet of net building area @ 120 cars per acre for Sites A, B and C. (11) Site A Allowable Building rea ..... 34 131 ^ ^ ^ ^ ^° r n 6v29) g �� n Site Area ..... 19.399 acres *(3)(4)(16) a. Buildine 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 Land Coverage 3.92 acre 61 acre r96....�e� 4-5-7-aefes 1.31 acre 1.12 acre 0.38 =aefes n owes MS-acrees 0.71 acres 0.65 aeres 1 sr R` a)' Land Coverage fy fl .. 49 ^res (11)(16)(29) � w �1 b 1'�P � alxw` C. Landscaped Qpen Space (4) (11) (16)Land Coverage Now w Two story development 5� 9yes Three story development 7-30 acres Four story development 7.names Five story development 8.334 mere Six story development 8.60 aeres Seven story development 8,79 aefes Eight story development 8.93 acres Nine story development 9.04 aefes Ten story development 943-aeres Eleven story development °?�^ -acres Twelve story development 9.26 aefes 2. Site B Allowable Building Area Site Area ........43.703 acres (4)(11) 16 rJ� a. Building Height Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development b. Parking - '3 c. Landscaped Open SQace (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 Site C (10) Land Coverage (1 -1) (13) (16) "Al Allowable Building Area ........674,800 square feet (15) (17)* Site Area .......... 18.806 acres (4) a. Building Height Land Coverage (15) Two story development ........7.75 acres Three story development ........5.16 acres Four story development ........3.87 acres Five story development ........3.10 acres Six story development ........2.58 acres Seven story development ........2.21 acres Eight story development ........1.94 acres Nine story development ........1.72 acres Ten story development ........1.55 acres Eleven story development ........1.41 acres Twelve story development ........1.29 acres 17 3� Group IV Group V E. Building Heieht Maximum building height shall not exceed height limits set by the Federal Aviation authority for Orange County Airport. SERVICE STATIONS A. Building Sites (4) (5) (11) Site 3: 1.765 acres ................ ..........................1.765 acres Service station site 3 shall be located within Office Site F and shall not exceed 1.765 acres in size. Any portion or all of Site 3 not utilized for service station use shall revert to either professional and business office use or restaurant use. (4) RESTAURANTS (1) (4) A. Building Sites Maximum acreages for Site 2 shall not exceed 1.25 (18) acres. Maximum acreage for Site 3: 1.765 acres. Maximum acreages for Sites 4 and 5 shall not exceed 3.0 acres. Maximum acreage for Sites 6 and 7 shall not exceed 2.2 acres. (8) (The following acreages are for information only.) Site 1 Deleted see Group VII. Site2 .............. ............................... Site3 .............. ............................... Site 4 �i 1 ........... Site 5 t ....................... Site6 .............. ............................... Site7 .............. ............................... .................. (18 ) ......1.25 acres ......1.765 acres ......'.50 yes ...... i.50 acres ......1.50 acres (8) ...... 00.�70¢acres (8) vrc�- -a6Ge5 ......................... e 5th auN Site 1 Deleted see Group VIi Private Club (18) Site 3 located within Office Site "F ". (4) Any portion or all of the restaurant, bar, theater/nightclub acreage for Sites 2, 4, 5, 6 or 7 not utilized for that purpose shall revert to professional and business office use. Any portion or all of the restaurant acreage for Site 3 not utilized for that purpose shall revert to either professional and business office use or service station use. (4) (8) (18) WA The following statistics are for information only. Development may include but shall not be limited to the following. B. Building Area (4) Site 2 ...................... 5- o0 r5y- ft . ............ 0. 4 1 aeres Site 3 ................... Site 11 10,000 sq. ft . ............ 7,000 ft 0.22 acres 0. 16 aefes ..................... sq. . ............ Site 5 7,000 A. 0.16 acres ..................... Site 6 (8) ............... sq. 7,000 sq. ft . ............ Site 7 (8) ...............3.000 sq . fr .............0.07 acre q9, 000 qR ft 0 99 ' --vt VJ! r, RgkHt ifl" C. Parking Criteria-. 300 occupants/ 10,000 sq. ft. I space/3 occupants and 120 cars per acre. Site 2 ..........................30 ears . .............. 0.42 aeFes A10 Site 3 ........................100 cars . .............. 0.84 acres Site4 ..........................70 oars ............... Site 3 ................. . .............. 0.58 acres Site 6 (8) ....................70 cars ............... 0.58 acres Site 7 (8) ....................30 cars ............... 0.25 acres NOUN 142mm-MOMM D Landscaped Open Space (4) Site2 ....................... .......- tea..................... 72 ... ......... Site 3 . ...........................0.70 acres Site 4 A �4 ----- . ............................ . . I - __ Site 5 . .......................:- 8.''-7 6 aeres Site 6 (8) ......................0.76 acres Site 7 (8) ......................0.38 acres 4 08 acres ................................. A !2 E. Building Height Building height of structures shall be limited to a height of thirty-five (35) feet. Group VT. RETAIL & SERVICE CENTER A. Building Site (4) (5) 23 q6 Site I .. ..........................5.026 acres Site 2 ...................... ....1 .400 Acres ''t2fik % 6.526 acres ............................... 6.526 aeres jX rM X06 e 4 Site 2 shall be located within Office Site `B. any portion or all of the retail and service Site 2 acreage not utilized for that purpose shall revert to professional and business office use. (4) (16) B. Allowable Building Area (5) *Retail Site No. 1 ..................102,110 sq. ft. (14)(27) Retail Site Ne 18 090 *Retail Site No. I LS. Ft.) Parcel Existing Total Parcel 1,R/S 588 (H) (H) 70,630 Parcel3,R/S 506 (R) (R) 0 (0) (0) 22,000 Parcel 4, R/S 506 (R) 4,115 (0) 0 (0) 0 (R) 21,896 (0) 5,474 (R) 21,896 (0) 27,474 (H) 70,630 Total 120,000 (14)(27) (R) = Retail (0) = Office (H)= Hotel C. Landscape Area (5) Twenty -five (25) percent of the 5.026 acres constituting retail and service center Site No. 1 shall be developed as landscape area. If twenty -five (25) percent of the 5.026 acres constituting retail and service center Site No. 1 is not developed as landscape area, a specific site plan shall be submitted to the City of Newport Beach Planning Commission for approval prior to the issuing of a building permit. D. Statistical Analysis (5) The following statistics are for information only. Development may include but shall not be limited to the following. 24 `t Assumed parking criteria: One (1) space per 200 square feet of net building area at 120 cars per acre. 1. Site 1 Allowable Building Area ....................... ........................120,000 sq. ft.(24)(27) (14) Site Area ................ ............................... ..........................5.026 acres a. Building Height (14) Two story development . ...........................1.17 acres Three story development ..........................0.78 acres Four story development ...........................0.59 acres Five story development . ...........................0.47 acres b. Parking (14) 460 cars ......................... ...........................3.83 acres C. Landscaped Open Space (14) Two story development . ...........................0.03 acres Three story development ..........................0.87 acres Four story development ...........................0.61 acres Five story development . ...........................0.73 acres c'.o ) E. Building Height Building height of structures shall be limited to a height of thirty -five (35) feet above mean existing grade as shown on Exhibit "B." (5) Group VJJ. PRJVATE CLUB (18) A. Building Site Site 1 ....................2.0 acres...... ............................... 2.0 acres 25 Planning Commission Resolution No. Page 17 of 19 Exhibit "D" 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 development shall be in substantial conformance with the approved site plan and floor plans dated July 27, 2006 (except as modified by applicable conditions of approval). 3. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 4. 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. The construction plans must meet all applicable State Disabilities Access requirements. 5. The parking level shall have 8 feet 2 inches clear ceiling height. 6. The elevator shall not open to the stair enclosure. 7. The stairs shall have one -hour enclosure. 8. A preliminary code review is recommended. 9. The parking lot layout and the subterranean parking area shall comply with the City Standard Plans STD - 805 -L -A and STD - 805 -L -B; and, shall be reviewed and approved by the City Traffic Engineer. 10. The ramp slope to the subterranean parking shall comply with City Standard Plan STD - 160-L-C. 11. Drive aisle leading into the subterranean parking area shall be a minimum of 26 feet wide. 12. The final on -site parking, vehicular and pedestrian circulation systems shall be reviewed and approved by the City Traffic Engineer. 13. The mechanical equipment shall not impact the required parking stalls or drive aisle dimensions. 14. No above ground permanent improvements shall be built within the limits of the existing utilities and pedestrian easements adjacent to the property frontage, along the MacArthur Boulevard. 4,5 Planning Commission Resolution No. Page 18 of 19 15. The applicant shall submit a detail drainage plan to show how the storm runoff that travels down the driveway ramp will be discharged in a timely manner so as to prevent the underground garage from being flooded from raining. 16. All improvements shall be constructed per the Public Works Department standards. Additional public works improvements may be required at the discretion of the Public Works Department. 17. An ADA compliant curb access ramp shall be constructed at each of the MacArthur Boulevard curb returns, at the entrance to the shared service driveway. 18. All above ground utilities shall be located outside the sight distance planes per City Standard Plan STD - 110 -L. 19. A construction traffic control plan shall be approved by the City prior to the issuance of the encroachment permit. Said plan shall be wet sealed, signed and dated by a California Registered Traffic Engineer. 20. Elevator shall be gumey accommodating in accordance with Chapter 30 of the California Building Code, 2001 Edition. Interior cab dimensions shall be a minimum of 54 inch by 80 inch. 21. The building shall be provided with an automatic fire sprinkler system. 22. The sprinkler system shall be monitored. 23. Approved numbers or addresses shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting the property. Said numbers shall be of non - combustible. materials and contrast with their background and shall be either internally or externally illuminated by a photo cell to visible at night. The numbers shall be no less than six inches in height with a one -inch stroke. 24. The parking garage gate shall be strobe and knox key switch. 25. The building shall be provided with a knox box. 26. A Fire Department connection shall be located within 150 feet if a fire hydrant. 27. The building plans shall specify the occupancy classification. 28. Prior to issuance of building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site and any adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices. The landscape plans shall be approved by the Planning Director prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation aq Planning Commission Resolution No. Page 19 of 19 system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 29. All landscape materials and landscaped areas shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs; and, cleaning as part of regular maintenance. 30. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets; and, shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 31. Prior to the issuance of a building Permit or within 30 days of receiving a final notification of costs, the applicant shall be responsible for the payment of all administrative costs identified by the Planning Department. 32. The construction and equipment staging area shall be located in the least visually prominent area on the site and shall be properly maintained and /or screened to minimize potential unsightly conditions. 33. A six -foot high screen and security fence shall be placed around the construction site during construction. 34. Construction equipment and materials shall be properly stored on the site when not in use. 0 ATTACHMENT D EXCERPT MINUTES FROM SEPTEMBER 7 & 21, 2006 PLANNING COMMISSION MEETINGS a� Planning Commission Minutes 09/07/2006 condition changes are to be incorporated in the rest of the conditions wined in the draft resolution. / Com ission inquiry, Mr. Barnard noted he accep/the lion: odified �mmissioner otter brought up his concern of Comd w e to bring this atter up for review and discussiowith ember of condition hat repeat Code. missioner Eaton section that was >n was made by Commissi Traffic Study No. 2006 -002 subject to findings and cc d to by the applicant. identifying in th draft resolution the which was amboree and Eastbluff. to approve Use Permit No. 2 :d Negative Declaration (PA2 modified during the hearing Eaton not9dthis was a well thourkt out project. missioner HawAs noted the benefits of this projbt are significant rperson,p6le noted the findings can be made for the plication; does r a t intensity of the use and is consistent with the c ent and propos oral Ian; the. traffic study looked at existing conditions; D was done r nce with CEQA; this project will result in a better pro Act than wt None McDaniel The Koll Company (Pf 4450 MacArthur Blvd. ns, n PA2006 -095 0 Plan Amendment and Planned Community Plan Amendment to transfe t retail and restaurant and office square footage from Office Site B ti Continued to Site A of the Koll Center Newport Planned Community (PC -11) for th 09/2112006 rction of a 21,375 square foot, two -story office building over one level anean parking structure. irman Cole acknowledged that this item is being heard past 10:30 p.m;, h requires a consensus of the Commission. s. Ung gave an overview of the staff report, noting: . The applicant proposes to construct a two -story office building to as their new corporate headquarters. . The proposed construction site is in Office Site A. . The area proposed for development is in a common parking area for O Site A, which is owned by the applicant and located at the south corner of MacArthur Boulevard and at the entry driveway west of Fairmont Hotel. Page 23 of 33 q1 file: //F: \Users\PLMShared \Gvarin \PC min etal\2006\09072006.htm 09/27/2006 Planning Commission Minutes 09/07/2006 Page 24 of 33 • There is unbuilt floor area identified by the Koll Center Planned Community that the 1988 and 2006 Land Use Elements do not recognize. • Prior to the adoption of 1988 Land Use Element, Office Site A had a total of 340,000 square feet of office space, a 30,000 square foot private club, and a 471 room hotel. • Office Site B permitted a total of 965,216 square feet of office space, 10,000 square feet of retail and 19,000 square feet of restaurant development. • Office Site A presently has utilized the maximum floor area of the PC text. • Office Site B has a remaining unused balance of 24,016 square feet for office, retail and restaurant development. This unused square footage within the PC text; however, has not recognized by the 1988 Land Use Element due to the fact that there was no projected growth allowed for Office Site B. • The estimated growth table in the 1988 Land Use Element shows the existing building area in 1988 equals the maximum allowed and zero growth in floor area. • Since the 1988 Land Use Element did not account for the unbuilt floor area the PC text allowed in Office Site B, an amendment to the Land Use Element is being sought to increase the floor area in Office Site B by the unbuilt amount identified in the PC text and then transferring it to Office Site A to facilitate the development of the new office building. • Staff is requesting that the gross floor, area for Office Site B is adjusted to reflect the existing numbers tracked by our Building Permits. The difference between the maximum allowable floor area indicate in the 198 Land Use Element for Office Site B and the existing overall gross floor area is 2502 gross square feet. • The proposed projects require an amendment to the Planned Community text to allow for the transfer of development intensity of the unused retail, restaurant and office uses from Office Site B to Site A. • This request is consistent with the provisions allowed in the PC text. No net increase in the square footage will result from this amendment. • Only 21,311 square feet will be used for the construction of the propose office building and the remaining will be reserved for future office development in that particular site. • Koll Center Newport Planned Community allows the 24,016 square feet of additional development that the 1988 and the 2006 Land Use Elements d not. This entitlement pre -dated the 1988 Land Use Element and staff believes there was no intent to eliminate it. • The proposed General Plan Amendment will recognize this un -buil entitlement and make the Land Use Element consistent with the Koll Center Newport Planned community. 5 1e : //F: \Users\PLN\Shared \Gvarin \PC min etal \2006\09072006.htm 09/27/2006 Planning Commission Minutes 09/07/2006 Page 25 of 33 • The resolution recommends approval of the proposed amendment and it is suggested the amendment be made to both Land Use Elements; however, a potential amendment to the 2006 Land Use Element would only be accomplished after an affirmative vote in November and the Council shall take a separate action to amend the 2006 Land Use Element. • The Commission could act on the application tonight and not have this return. Staff has prepared. this application to have two separation considerations with the Council, one for the 1988 Land Use Element and the other for the 2006 Land Use Element after the election if it is necessary. s. Temple noted that Section 1 on page 4 of the draft resolution addresses the :tual amendment to the 1988 Land Use Element. Section 2 makes a separate ,commendation for approval of the General Plan Amendment per Exhibit B. Khibit B is the information necessary to amend the not yet adopted or approved i the voters 2006 Land Use Element. It is segmented, and while we believe the ommission can make a recommendation to the City Council related to nending either or both the 1988 plan as well as the 2006 plan, that the City ouncil can not consider nor adopt an amendment to the 2006 Land Use ement until it is actually approved by the electorate in November. s. Clauson affirmed that the draft resolution reflects these issues. hairperson Cole questioned the unused square footage within the PC text not cognized by the 1988 Land Use Element. The chart talks about an additional otage. 'Why didn't they recognize the footage at that time? s. Temple noted that a mistake had been made, there was no overt or mscience intent to reduce the entitlements within the Planned Community. In eas such as Koll Center Newport where there is unique subdivision 'rangements we established square footage limits as opposed to floor area itios in an attempt to make them consistent. Due to the structure of the fanned Community text sometimes it is difficult to figure out what the total was id in this case the square footage was missed. s. Clauson noted during the analysis they looked back at the record to make ire it was more than just the memory of staff and the intent of what we had tended to do and make sure that there wasn't anything indicating something )ecific in the record that it was intended to reduce. It is not clear in the record the time it was adopted. There are statements in the original adoption nguage resolution adopting the 1988 Land Use Element that says there was an tent to make reductions in land use approvals, but it doesn't say this property as intended to be reduced. Her recommendation to both staff and the )plicant that we need to do a General Plan Amendment to make it very clear for e record. This is a very conservative valid way to make sure that they both atch. s: Temple added the best course of action is to deal with this through a eneral Plan Amendment. ommissioner Hawkins asked how the Commission can make commendation but the Council can not make a similar action. Did the P eate vested rights to the property owner? s. Clauson answered that this is an attempt to assist the applicant in a situation here they are caught in limbo. The General Plan was actually adopted by th file: //F: \Users\PLN\Shared \Gvarin \PC min etal \2006 \09072006.htm 09/27/2006 Planning Commission Minutes 09/07/2006 Page 26 of 33 y Council and just the 423 vote, which deals with the required approval of the nd Use allocation. That is what needs to be amended as staff did not gel ise numbers into the new General Plan because of the timing. This is a valid d procedural way to assist the applicant so that they don't have to come back the Planning Commission after the vote to get another recommendation when analysis is made here. The actual amendment to the General Plan can not done until after the election. >. Clauson answered they did not have vested rights, they had a PC text that thorized a certain amount of square footage. When the General Plan was opted, it could very well have been a specific intent to reduce the number of uare footage in that and the PC text would later have been amended to reduce at number. >. Temple added that the presence of 'entitlements' in our zoning documents, an many people say they are vested entitlements. What that is, is an ailability to utilize intensity. There are other factors in zoning that could cause y individual property not to be able to exercise their full 'entitlement' or their ning limit. An example would be in Corona Del Mar you may have floor area io of..5 but the nature of your use and its parking requirement may not allow u to get all of it. So, you don't have an absolute right to construct every ssible square foot unless you can comply with all other standards. In this PC d, compliance with the standards are easy. The zoning entitlement is not sted until whatever approval or permit is achieved as required by the zoning. )mmissioner Eaton noted there is no reference to the mitigation measures, ouldn't it also say approved subject to the mitigation measures. Also, the nditions do not match up with the mitigation measures. Should they be ded? >. Clauson noted this is a resolution recommending a General Plan nendment, which is a legislative act. It is not a conditioned approval. It was ted that Exhibit D was the list of Standard Code Requirements. >. Temple answered the standard code requirements are in the code, and they ve to comply. The mitigation measures will be dealt with through the ligation monitoring. The City Council resolution will certify it. )mmissioner Hawkins noted that on this resolution we take no action on the vironmental document. >. Clauson noted that the Commission needs to have a recommendation and option by the Council of the Mitigated Negative Declaration. If the Planning )mmission wants to adopt this resolution and forward on the recommendation, motion should require including a Whereas and specific recommendation as approval of the environmental document and adoption of mitigation hasures. Council will do that in their adopting resolution. )mmissioner Toerge noted it does not make sense receiving a resolution by sail 2 -3 hours before hearing and not having a chance to read it. Certainly the blic hasn't an opportunity to read it either. We are setting a bad precedent re. I am uncomfortable with this and I believe that staff is too. I have read the iff report and have no issue with the project, but I don't think we are ready to prove this as I haven't had the opportunity to review this resolution. ommissioner Peotter moved to continue this because he feels the same way. 5� file : //F:1UserslPLN\SharedlGvarinlPC min eta112006109072006.htm 09/27/2006 Planning Commission Minutes 09/07/2006 Henn noted he is not going to vote on something that he Cole suggested hearing from the applicant. Carol McDermott, representing the applicant, noted: . There has been no public request for information. . There has been no comments on the Negative Declaration. . Nobody but our team is here in the audience. . It was the Koll Company's understanding since 1972 when. they began implementation of the Planned Community Regulations that the Gen Plan allowed the using and the zoning covered the square footages. . When the 1988 General Plan was approved, Koll Company was developing anything. There was a little square footage left, but the was not monitored. . We have participated I with staff on verification of square footac reviewing building permits and very detailed analysis to ensure that we agreed on what those square footages were. . It became clear then that the zoning did not match the General Plan, but was an inadvertent issue. . Since Greenlight I the square footages in the General Plan have increased importance. . It is important that it be clarified and stated for the record in a very fashion. . A couple of requests have gone on before us as zone changes and absorbed the burden of cleaning these up. . Landscaping - referring to exhibits she noted the location of the ac building and pointed out the reconfiguring of hardscape and landscape. . There will be a total of 16,840 square feet of landscaping and open provided within this office site. . The building itself will replace some minor landscaping and parking. . There.will be no parking lost with the reconfiguration. . There is no net increase in square footage with this change. . The flexibility was always granted in the planned community regulations be able to move the square footage around because they could not pred in 1.972 what would be happening in 2006. file: //F: \Users\PLN\Shared \Gvarin\PC min etal \2006 \09072006.htm Page 27 of 33 -r 51 09/27/2006 Planning Commission Minutes 09/07/2006 Page 28 of 33 • The way we read the resolution under the last Whereas, what it says is, the environmental record shows there will be less than significant impact; the mitigation measures identified are feasible, they reduce potential environmental impacts to a less than significant level, and they are applied to the project and incorporated as conditions of approval. • This is what covers the incorporation measures appropriately as referenced in the document so that we know we have to comply with that. )mmissioner Hawkins noted that the resolution for the Church project lists a ding regarding the Initial Study/Mitigated Negative Declaration. Such a finding missing in this resolution. It should be included. scussion followed on possible wording. s. McDermott noted that with all things considered, asked that this not be ntinued but come up with language to add to the resolution that would address a Commission concerns. iairperson Cole asked about the trips being generated by this building. s. McDermott answered they are at 299 iairperson Cole noted: • Those trips are primarily peak hour trips for office use. • The development transfer rights are coming predominately what was called retail /restaurant uses, which would be for non -peak trips. • Was this looked at this context? • These peak hour trips are different. s. Temple answered: • There is no relationship between the Traffic Phasing Ordinance (TPO) an Charter Section 423. • The TPO does deal with peak hour trips. • The original use designation for retail and restaurant are different in term of the peak hour characteristics as opposed to office. • The initial threshold for requiring for the TPO analysis 300 is daily trips. • If you don't cross 300 trips, we don't go further. • Retail and restaurant have extremely high p.m. peak hour trips, probably far greater than office. • What they don't have typically is the a.m. trips, which office would have more of. 5a 61e : //F: \Users\PLN\Shared \Gvarin \PC min etal \2006 \09072006.htm 09/27/2006 Planning Commission Minutes 09/07/2006 Page 29 of 33 . Edmonston agreed: blic comment was opened. blic comment was closed. immissioner Henn noted he feels amobligation to perform his duties, so he will t be voting on this item tonight as he has not had the opportunity to review the ;olution. He has read the staff report. mmissioner Eaton noted he would act on this tonight if the resolution was re- rded. c. Clauson noted the main reason this resolution came out so late is because ;ir office got involved with it late. She told staff that they needed to bring this the Council after the adoption of the new General Plan or the effective date, it they would have to now amend the new General Plan to reflect these 3nges because they did not transfer over. Due to that, staff had to compose resolution for the Planning Commission so the applicant did not have to me to the Planning Commission to make these same determinations after the vember elections. This resolution attempts to incorporate the findings that are cessary for the changes that will be necessary for the 2006 in order for the inning Commission make the recommendation to the- City Council to amend th of them. That is the information that is in here. The two issues would be to luire and to find, make the findings and have staff add to the resolution that iguage that was necessary to make the findings that you find that the Negative iclaration is adequate and you recommend the City Council approve it. The ier issue is standards. The last item being approved is the changes to the P ;t. There is no issue with having these attached. Your question is whether the Ligation measures should also be included when this is a PC text amendment. ice the adopting resolution for the Negative Declaration is done by the City uncil those mitigation measures will be adopted and they will have to be plemented as part of the project. If you would like to have the mitigation %asures be included in the standard operating conditions, then you can give it direction. mmissioner Eaton answered that this came up in two prior projects and the ligation measures were included. ;. Clauson noted her confusion was she thought that these conditions were ing attached to the General Plan Amendment, they are not. They are being ached to the PC text amendment, so I think the mitigation measures could be the Planning Commission added to that. e added that given the hour and that the public comment period is not closed, other option would be to continue this item for review and approval of the ;olution. You don't have to have another public hearing. Unless there is a ange that comes up, you don't have to re -open the public hearing at the next Feting, you could just act on the resolution. Otherwise, there could be direction approve this resolution with the finding and staff can put those appropriate Jings in and forward it to the City Council. Whatever you feel most mfortable with. mmissioner Hawkins noted that a finding similar to Section 1 of Our Lady seen of Angels resolution is needed as a new Section 4 so long as it is tailored this project. file: //F: \Users \PLN\Shared \Gvarin\PC min etal\2006\09072006.htm 09/27/2006 Planning Commission Minutes 09/07/2006 )wing a brief discussion the consensus of the Commission was to item to the next meeting. 3tion was made by Commissioner Toerge to continue this item to st without having to open the public hearing on the application itself. yes: Eaton, Peotter, Hawkins, Cole, Toerge and Henn oes: None hsent: McDaniel ECT: Planned Community Development Amendment No. 2006 -004 (PA2006 -173) J the Aeronutronic Ford Planned Community Development Plan ase the maximum density permitted in Planning Area 5 from 48 dwel to 47 dwelling units and to prohibit subdivisions that would incre iq units. Bunim, Assistant Planner, gave an overview of the staff review: . This item was initiated by the City Council in response to a letter from Belcourt Master Association. This amendment would reduce the number of dwelling units from 48 to to be consistent with the number of existing lots and to prohibit fut subdivisions. nissioner .Peotter asked what difference does it make? Their CCR's subdivisions. Temple stated that the existing area has a number of lots which are :lent size to meet the planned community sub - division standards that wo i those lots to be split. The City Council in initiating this at the request of I eowners association, I can only presume, that the association wishes the weight of the City along with the Association CCR's. Clauson noted that originally there was a certain amount of lots authorized subdivision that was part of the original subdivision plan which the CCF based upon. It was an issue of having the City amend their cod -opriately to make sure that those properties were not further subdivided case the number of lots available for development in the subdivision. Oi ierty would get to subdivide and the rest would not. The reason there is not 48 is another property consolidated. Cole verified that property would lose the opportunity to in the divide. Clauson noted the number proposed reflects the number of dwelling L lots that currently exist. The City Council wants to make sure that all arty owners do not further subdivide their property. They want to keep livision in the condition that it is in now. this. Peotter, following a brief discussion, noted he was not in comment was opened. PA2006473 Continued to 09/21/2006 Page 30 of 33 5q file : //F:1Users\PLN\SharedlGvarinlPC min eta112006109072006.htm 09/27/2006 Planning Commission Minutes 09/21/2006 CITY OF NEWPORT BEACH DRAFT Planning Commission Minutes September 21, 2006 Regular Meeting - 6:30 p.m. Page I of 6 i 55 : rle : //F:1Users\PLN\SharedlGvarinlPC min eta112006109212006.htm 09/27/2006 INDEX ROLL CALL Commissioners Eaton, Hawkins, Cole, Toerge, Peotter, McDaniel and Henn - ommissioner Henn was excused, Commissioner Peotter arrived at 6:37, at others were present. STAFF PRESENT: Patricia Temple, Planning Director Aaron Harp, Assistant City Attorney Rich Edmonston, Transportation and Development Services Manager osalinh Ung, Associate Planner Russell Bunim, Assistant Planner Ginger Varin, Planning Commission Executive Secretary PUBLIC COMMENTS: PUBLIC COMMENTS None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on September 15, 2006. CONSENT CALENDAR SUBJECT: MINUTES of the regular meeting of September 7, 2006. ITEM NO. 1 Commissioner Hawkins noted that he had agreed one of his suggested changeE Approved to these minutes referring to statements by an applicant was not included. UBJECT: The Koll Company (PA2006-095) ITEM NO. 2 4450 MacArthur Blvd. PA2006 -095 General Plan Amendment and Planned Community Plan Amendment to transfer un -built retail and restaurant and office square footage from Office Site B to Recommended Office Site A of the Koll Center Newport Planned Community (PC -11) for the for construction of a 21,375 square foot, two -story office building over one level Approval subterranean parking structure. Adopt Resolution recommending approval of General Plan Amendment No. 006 -008, Planned Community Text Amendment No. 2006 -001 and Use Permit No. 2006 -095 to the City Council. ITEM NO. 3 UBJECT: Newport Beach Brewing Company (Use Permit No. 3485) Page I of 6 i 55 : rle : //F:1Users\PLN\SharedlGvarinlPC min eta112006109212006.htm 09/27/2006 ATTACHMENT E PLANNING COMMISSION STAFF REPORTS FROM SEPTEMBER 7 & 21; 2006 MEETINGS 6 b 1 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 September 7, 2006 TO: PLANNING COMMISSION FROM: Rosalinh Ling, Associate Planner (949) 644 -3208 rung@c4.newport-beach.ca.us SUBJECT: Koll Center Newport 4450 MacArthur Blvd. General Plan Amendment No. 2006 -003 Planned Community Development Amendment No. 2006 -001 (PA2006 -095) APPLICANT: The Koll Company REQUEST The Koll Company proposes to construct a 21,311 square foot, two-story office building over a subterranean parking garage on a 1.49 -acre site at 4450 MacArthur Boulevard. Additionally, the applicant proposes an amendment of the General Plan to increase the total gross floor area of general office in Sub -Area 1 -1 (Office Site A) of the Airport Area (Statistical Area L4) by 24,016 gross square feet~ and an amendment to the Koll Center Newport-Planned Community (PC -15) to allow the transfer of 24,016 gross square feet of unused retail, restaurant and office square footage from Office Site B to Office Site A. RECOMMENDATION Recommend approval of General Plan Community Text Amendment No. 2006 -001 draft resolution. Amendment No. 2006 -003 and Planned to the City Council by adopting the attached 0 Koll Center Newport September 7, 2006 Page 3 DISCUSSION The basis upon which this project rests is the fact that there is unbuilt floor area identified by the Koll Center Planned Community that the 1988 and 2006 Land Use Elements do not recognize. Office Building Construction The applicant proposes to construct a two -story, 21,311 gross square foot office building to function as their new corporate headquarters. The proposed 40 foot high building is designed over a 17 -space subterranean parking garage. Once completed, the building would ultimately be situated on its own footprint lot of 22,200 square feet. The applicant would be required to obtain an approval of a parcel map or a lot line adjustment application for the subdivision. The landscaping and remaining surface parking would be located within the parking pool parcel for Office Site A. The building features a modem, contemporary architectural design which consists of glass and stone fascia and stucco wall elements (Exhibit 5). Background The proposed construction site is centrally located in Office Site A of the Koll Center Newport Planned Community. Office Site A is bounded by Von Karman Avenue to the east and south, MacArthur Boulevard to the west, and Birch Street to the north and has a total area of approximately 19 acres. The area proposed to be developed is approximately 1.49 acres in size and is a portion of a 17.17 -acre parcel that currently improved as a paved, common parking area for Office Area A, which is owned by the applicant. This area is specifically located . at the .southeast comer of MacArthur Boulevard and the entry driveway west of the Fairmont Hotel. Office Area B is located immediately adjacent to Office Area A, on the east sidd of Von Karman Avenue and is bounded by Birch Street to the northeast, Jamboree Road to the southeast, MacArthur Boulevard to the west and Von Karman Avenue to the northwest and is approximately 44 acres in size. The Koll Center Newport Planned Community was originally adopted in 1972. The intent of this Planned Community District was to provide a comprehensive zoning for the former Collins Radio property to facilitate the development of an office /industrial park. The Planned Community was to consist of a hotel with banquet and convention facilities, a small retail and service center, service stations, restaurants, bars and 59 Koll Center Newport September 7, 2006 Page 4 theater /nightclubs, offices, industrial sites and a courthouse. The Koll Center has a total of nine development sites: Office Sites A through F, Industrial Site 1, Retail and Service Site 1 and the Court House. Each of the sites have specific allowable net floor area. The PC also has five (5) restaurant sites and a majority of them are located within Office Sites A and B. It should be noted that Restaurant Sites 1 through 5 are "floaters ", meaning that they do not have a specific location assigned within either office site. Since the PC Text adoption, there have been numerous amendments, and two of the amendments in the mid 1980's allowed the transfer of restaurant sites from Office Area A to B (Exhibit No. 4). Prior to the adoption of the 1988 Land Use Element, Office Site A had a total of 340,002 square feet of office square and a 30,000 square foot private clubs'. Office Site B permitted 965,216 square feet of office, 10,000 square feet of retail, and 19,000 square feet for restaurant development. The following chart shows the current maximum net floor area authorized by PC Text for Office Site A, existing floor area derived from a combination of building plans and permits and remaining square footage for each category: 'Reserved for Steadfast The following chart shows the current maximum net floor area authorized by PC Text for Office Site B, existing floor area derived from a combination of building plans and permits and remaining square footage for each category: Maximum Allowed I Existing Remaining 1 Office 1342,131 1340,506 "1,625 145,000 142,029 12,971 'Reserved for Steadfast The following chart shows the current maximum net floor area authorized by PC Text for Office Site B, existing floor area derived from a combination of building plans and permits and remaining square footage for each category: As demonstrated above, Office Site A has utilized the maximum allowable floor area of the PC Text with exception that the remaining floor area of 1,625 square feet recently permitted for Steadfast Investment Properties for their office expansion (2006). Office Site B has a remaining unused balance of 24,016 square feet for office, retail and restaurant development. This unused square footage within the PC Text, however, was The General Plan also authorizes a 471 room hotel within Office Site A. I� Maximum Allowed Existing Remaining` Office 965,216 960,735 4,481 Retail Site 2 10,000 0 10,000 Restaurant Site 2 5,000 2,397 2,603 Restaurant Site 4 7,000 7,068 -68 Restaurant Site 5 7,000 0 7,000 Total: 24,016 As demonstrated above, Office Site A has utilized the maximum allowable floor area of the PC Text with exception that the remaining floor area of 1,625 square feet recently permitted for Steadfast Investment Properties for their office expansion (2006). Office Site B has a remaining unused balance of 24,016 square feet for office, retail and restaurant development. This unused square footage within the PC Text, however, was The General Plan also authorizes a 471 room hotel within Office Site A. I� Koll Center Newport September 7, 2006 Page 5 not recognized by the 1988 Land Use Element due to the fact that there was no projected growth allowed for Office Area B. The estimated growth table within the 1988 Land Use Element shows that the existing building area in 1988 equals the maximum allowed and zero growth in floor area. The 1988 Land Use Element should have been consistent with the PC Text. A recent review of all existing building permits for Statistical Area L4, including Koll Center Newport Office Site B, revealed that the overall building gross floor area of this Sub -Area is approximately 1,060,146 square feet, which includes the 1,750 gross square feet permitted for the Master Development Corporation in 2005. Presently, Office Site B has a general plan projection of 1,062,648 gross square feet also including a projected growth of 1,750 square feet for Master Development Corporation. The difference between the maximum allowable floor area indicated in the 1988 Land Use Element for Office Site B and the existing overall building gross floor area of this site is 2,502 gross square feet. As with Office Site A, the 1988 Land Use Element also had existing floor area equal to the maximum allowed with zero project growth in floor area. Since the 1988 Land Use Element did not account for the unbuilt floor area that the PC Text allowed in Office Area B, an amendment to the Land Use Element is being sought to increase the floor area in Office Site B by the unbuilt amount identified in the PC Text and then transferring it to Office Site A to facilitate the development of the new Koll Company Headquarters. ANALYSIS Due to the fact that the recently adopted General Plan update is not effective until such time as the voters approve it in November 2006, staff has evaluated the project in the context of the 1988 Land Use Element and the 2006 Land Use Element. 1988 Land Use Element The 1988 Land Use Element designates both office sites as Administrative, Professional and Financial. The proposed office development is consistent with this designation. Koll Center Newport Office Site A (Sub -Area 1 -1) is presently allocated a maximum of 436,079 gross square feet for non hotel uses, which includes the projected growth of 1,740 square feet for Steadfast Investment Properties (GP2005 -007) and 1,222 square feet for the Pacific Club (A890). u( Koll Center Newport September 7, 2006 Page 6 Koll Center Newport Office Site B (Sub -Area 1 -2) is presently allocated a maximum of 1,062,648 gross square feet, which includes a projected growth of 1,750 square feet for the Master Development Corporation (GP2004 -006). With the adoption of 1988 Land Use Element, the City acknowledged that every care was taken in the preparation of the floor area estimates, given the technology and source information, and that there was a possibility for errors. As shown previously with the identification of unbuilt floor area authorized by the Koll Center PC Text, the unused square footage allowed by the PC Text in the Office Area B was not included in the 1988 update. The change suggested by the applicant will result in the following: Office Site B Current Limit: 1,062,648 GPA Proposed Limit: 1,060,146' GPA *This total accounts for Master Development Corporation Office Site A Current Limit: Proposed Limit: 436,079 GPA 460,095 ** GPA ** This total accounts for Pacific Club, Steadfast and present application for the Koll Company. Applicable General Policies 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 discussion relates to those general land use policies that are applicable to the proposed project. A. The city shall provide for sufficient diversity of land uses so that schools, employment, recreation area, public facilities, churches and neighborhood shopping centers are in close proximity to each resident of the community. The proposed project would increase the development allocation in the Office Area A by 24,016 square feet. However, only a total of 21,311 square feet would be used for the i' ,i Koll Center Newport September 7, 2006 Page 7 construction of the new office building to be occupied by the Koll Company. The remaining un -built square footage of 2,705 would be reserved for future office development within Office Area A. The proposed project, therefore, is consistent with this policy in the fact that the proposed project does not change the diversity of land use and the continuation of office development is consistent with those intended for both office sites by the General Plan. Furthermore, the PC Text allows unused floor area allocated for restaurant, bar, theater /nightclub to be converted to professional and business office use (Section Group V - Restaurants). B. To ensure redevelopment of older or underutilized properties, and to preserve the value of property, the floor area limits specified in the Land Use Element allow for some modest growth. To ensure 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 land uses. Although the project consists.of an increase in the development allocation for Office Site A of 24,016 square feet of which 21,311 will be used for the development of proposed office building, the increased area was planned as evidenced by its inclusion in the Koll Center PC Text prior to 1988. The proposed development is anticipated to generate less than 300 daily trips and therefore, does not required the preparation of a traffic analysis pursuant to the City's Traffic Phasing Ordinance. F. The City shall develop and maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and 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 the 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. The City implements this policy through the Koll Center Planned Community Text. The project is designed to meet all applicable development standards contained within. The proposed building height, size, and architectural design of the project will be physically compatible with the existing and surrounding professional office and commercial developments. 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. 0 Koll Center Newport September 7, 2006 Page 8 2006 Land Use Element The land use designation for the subject property is MU -H2 (Mixed -Use Horizontal). This designation is intended to provide for a horizontal intermixing of uses that may include regional commercial office, multi - family residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The underlying uses for Office Sites A and B are office, hotel, support retail, residential village: housing and mixed -use (commercial /residential). The project, as proposed, would be consistent with this land use designation. The maximum floor area of Area 1 .(Office Site A) is 436,079 gross square feet and for Area 2 (Office Site B) is 1,062,648 gross square feet, identical to the current limits. within the 1988 Land Use Element. These numbers would also need to be modified to reflect the adjustment and the requested transfer as described in the previously analysis. Land Use Policies 4.3 and 5.3.6 are applicable to the proposed project. 4.3 Transfer of Development Rights — Permit the transfer of development rightsz, . from a property to one or more other properties when: a. The donor and receiver sites are within the same Statistical Area. b. The reduced density/intensity on the donor site provides benefits to the City such as, but not limited to, the (1) provision of extraordinary open space, public visual corridor(s), parking or other amenities; .(2) preservation of a historic building, property or natural landscapes; (3) improvement of the area's scale and development character; (4) consolidation of lots to achieve a better architectural design than could be achieved without lot consolidation; and /or (5) reduction of local vehicle trips and traffic congestion. "- c. The increment of growth transferred to the receiver site complements and is in scale with surrounding development, complies with community character and design policies contained in the General Plan, and does not materially degrade local traffic conditions and environmental quality. The project would not be in conflict with this policy as the proposed transfer of development rights would occur within the Airport Statistical Area. The reduction. of allowed development within the donor site would serve to reduce traffic trips (general office uses generate fewer trips than restaurant or retail uses) and therefore, would not result in any impacts to the local circulation system. The proposed development to be located on the receiver site has been designed with an architectural style that appears to be compatible with existing development in the business complex. Koll Center Newport September 7, 2006 Page 9 5.3.6 Parking Adequacy and Location — Require that adequate parking be provided and is conveniently located to serve tenants and customers. Set open parking lots back from public streets and pedestrian ways and screen with buildings, architectural walls, or dense landscaping. As discussed more fully in the Parking Section of the staff report, parking for the new office building would be provided in a combination of surface and below -grade lots immediately adjacent to the proposed structure. The parking areas will be convenient and accessible to the tenants and customers. Views of the parking lot would be minimized through the placement of parking underground and through the placement of the structure nearest to the public sidewalk that would serve to shield the existing parking lot to the east of the building. Landscaping of the lot is also proposed. Charter Section 423 Analysis Statistical Area L4 has a current General Plan limit of 8,180,453 square feet. The project will add 24,016 gross square feet of non - residential intensity in KolkCenter Newport Office Site A. However, this increase should be viewed as the correction of the gross floor area to properly reflect what was authorized by the Koll Center Newport Planned Community prior to the adoption of the 1988 Land Use Element. Based upon staffs belief that the limits established in the 1988 Land Use Element were not intended to eliminate this entitlement, it is staffs opinion that the additional 24,016 square feet is not new entitlement that should be subject to the Section 423. If the increase is determined to be subject to Section 423, the following analysis is presented to determine whether or not a vote would be required. The increase is 24,016 square feet of non - residential intensity, and 0 residential units. Based on the trip generation rates contained in the Council Policy A -18, the proposed project is forecast to generate an additional 42.7 AM peak hour trips and 41.3 PM-peak hour trips. The project would be considered a minor amendment as it would not require a vote by itself based upon the thresholds established for a vote by Section 423. 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 have been four (4) prior amendments approved for Statistical Area L4, and the following chart shows the area and peak hour trip analysis.. V15 Koll Center Newport September 7, 2006 Page 10 As indicated in the preceding chart, the resulting total of the proposed amendment and prior..amendments would not exceed the 100 peak hour trip or 40,000 square foot thresholds and a vote pursuant to Charter Section 423 is not required. If it is determined that the proposed amendment is a correction and not subject to Charter Section 423; staff will track the amendment with zero increases. Should it be determined that the amendment is subject to Section 423, staff will tract the 80% of the increases noted in the table above. Planned Community Text Amendment The proposed project requires an amendment to the Planned Community Text to allow for the transfer of development intensity of 24,016 square feet of unused retail, restaurant and office uses from Office Site B to Office Site A. No net increase in square footage will result from this Amendment. The applicant plans not to utilize the entire 24,016 gross square feet; only 21,311, square-feet would be used for the proposed office building. The proposed office development meets all the development standards specified in the Koll Center Planned Community development standards for building setbacks and on -site parking. The remaining square footage of 2,705 will be reserved for future office development. The applicant is proposing to amend Group I (Professional and Business Offices), Group V (Restaurants) and Group VI (Retail and Service Center) of Section 1 of Part 11 (COMMERCIAL) of the Koll Center Planned Community Text. Under Group I, Office Site A would gain 24,016 square feet (from 342,131 to 366,147), Office Site B would change from 965,216 to 967, 803 square feet [965,216 — 4,481(unused office area) + 7,068 (Koto Restaurant is being converted to office building which is allowed per the PC Text, included for tracking purposes)]. Group V would reflect the deletion of Restaurant Site Nos. 4 and 5 from Office Site B. Group VI would reflect the deletion of Retail Site No. 2 from Office Site B. is Area A.M. Peak Hour P.M. Peak Hour Trips Trips Prior Amendment GP 2001 -004 1,272 s.f. 2.4(80%) 2.4(80%) 80 %) Prior Amendment GP 2004 -004 0 17.0(80%) 24.8(80%) Prior Amendment 1,400 s.f. 1.6(80%) 1.6(80%) GP 2004 -006 80% Prior Amendment 1,392 s.f. 2.4(80%) 2.4(80'/o) GP2005 -007 80% Proposed Amendment 24,016 42,7(100%) 41.3(100%) 100 %) Total 28,080 66.1 72.5 As indicated in the preceding chart, the resulting total of the proposed amendment and prior..amendments would not exceed the 100 peak hour trip or 40,000 square foot thresholds and a vote pursuant to Charter Section 423 is not required. If it is determined that the proposed amendment is a correction and not subject to Charter Section 423; staff will track the amendment with zero increases. Should it be determined that the amendment is subject to Section 423, staff will tract the 80% of the increases noted in the table above. Planned Community Text Amendment The proposed project requires an amendment to the Planned Community Text to allow for the transfer of development intensity of 24,016 square feet of unused retail, restaurant and office uses from Office Site B to Office Site A. No net increase in square footage will result from this Amendment. The applicant plans not to utilize the entire 24,016 gross square feet; only 21,311, square-feet would be used for the proposed office building. The proposed office development meets all the development standards specified in the Koll Center Planned Community development standards for building setbacks and on -site parking. The remaining square footage of 2,705 will be reserved for future office development. The applicant is proposing to amend Group I (Professional and Business Offices), Group V (Restaurants) and Group VI (Retail and Service Center) of Section 1 of Part 11 (COMMERCIAL) of the Koll Center Planned Community Text. Under Group I, Office Site A would gain 24,016 square feet (from 342,131 to 366,147), Office Site B would change from 965,216 to 967, 803 square feet [965,216 — 4,481(unused office area) + 7,068 (Koto Restaurant is being converted to office building which is allowed per the PC Text, included for tracking purposes)]. Group V would reflect the deletion of Restaurant Site Nos. 4 and 5 from Office Site B. Group VI would reflect the deletion of Retail Site No. 2 from Office Site B. is Koll Center Newport September 7, 2006 Page 11 Parking Parking for the proposed office building will be provided by a 17 -space garage below the building and within the common parking pool on the surrounding Koll Center common parcel. The proposed building will be utilizing the parking immediately available on the easterly and southerly sides of the building and underneath the building. The existing and proposed office use parking pool for Office Site A is as follows: Although the proposed building will remove surface parking, the project will increase the total supply, with the 17 -space garage under the building and restriping of the common parking lot creating a surplus of parking. Environmental Review A Mitigated Negative Declaration (MND) has been prepared by EDAW, Inc. for the proposed project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). The MND is attached as Exhibit No. 3. The MND identifies seven (7) issue areas with 32 mitigation measures. Those issues are: Air Quality, Cultural Resources, Hazards /Hazardous Materials, Hydrology/Water Quality, Noise, Transportationliaaffic, Utilities and Service. Systems. The MND was circulated for public review between August 10 and September 5, 2006. Staff has not received any comments on the MND as of the date of staff, report preparation. Staff will prepare responses to comment for consideration, if comments are received, and present them to the Planning Commission at the September 7th hearing for consideration. 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. The environmental assessment process has also been noticed in a similar manner and all mandatory notices per the California Environmental Quality Act have been given. kon Existing Proposed Net Office Area 342,131 362,631 Parking Spaces Provided 1,314 1,335 Parking Spaces Required 1,224 1,293 s Parking Space Surplus 90 42 Although the proposed building will remove surface parking, the project will increase the total supply, with the 17 -space garage under the building and restriping of the common parking lot creating a surplus of parking. Environmental Review A Mitigated Negative Declaration (MND) has been prepared by EDAW, Inc. for the proposed project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). The MND is attached as Exhibit No. 3. The MND identifies seven (7) issue areas with 32 mitigation measures. Those issues are: Air Quality, Cultural Resources, Hazards /Hazardous Materials, Hydrology/Water Quality, Noise, Transportationliaaffic, Utilities and Service. Systems. The MND was circulated for public review between August 10 and September 5, 2006. Staff has not received any comments on the MND as of the date of staff, report preparation. Staff will prepare responses to comment for consideration, if comments are received, and present them to the Planning Commission at the September 7th hearing for consideration. 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. The environmental assessment process has also been noticed in a similar manner and all mandatory notices per the California Environmental Quality Act have been given. kon Koll Center Newport September 7, 2006 Page 12 Finally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. PUBLIC COMMENTS On August 30, 2006, staff received a letter from Pres- Lakeside L.P., owners of a 1.28 acre parcel (Koto Restaurant site) located within Office Area B of Koll Center Newport requesting the Commission take no action of the Koll application at the September 7th hearing. The purpose of the request is to allow the owner of this site to have further discussions with the Koll Company pertaining to the parking and other development matters for their property. In response to this request, the Koll Company responds with a letter stating their reasons for the Planning .Commission not to grant the request (Exhibit 6). SUMMARY The Koll Center Newport Planned Community allows 24,016 square feet of additional development that the 1988 and 2006 Land Use Elements do not. This entitlement pre- dated the 1988 Land Use Element and staff believes that there was no intent to eliminate it. The proposed General Plan Amendment will recognize this unbuilt entitlement and make the Land Use Elements consistent with the Koll Center Newport Planned Community. Staff believes that the proposed General Plan Amendment does not conflict with the policies identified in the 1988 and 2006 Land Use Elements; does not exceed any of the thresholds for a vote established by Charter Section 423, and the transfer of unused office, retail and restaurant square footage within the statistical area can be supported. Additionally, staff believes that the Planned Community Development Plan Amendment request for the transfer of unused square footage can also be supported, as the -- proposed office development meets all the development standards specified inihe "Koll Center Planned Community development standards and will not be detrimental to the surrounding office developments as the new construction occurs within a sizable parcel owned by the applicant. The proposed building height, size, and architectural design of the project will be physically compatible with the existing and surrounding professional office and commercial developments. There will be no impact to the overall pool parking for the entire Office Site A. The draft resolution recommending approval of the project has three components. First, it suggests that the 1988 Land Use Element be amended as described in the report. The amendment will become effective upon adoption by the Council and it would remain effective if the 2006 Land Use Element is not adopted by the voters. Second, it recommends that the subject amendment affect the 2006 Land Use Element only upon its effectiveness since it can not be amended at this time as it will appear on the November 2006 ballot. This is the only way to avoid having this project re -heard after Koll Center Newport September 7, 2006 Page 13 the effectiveness of the 2006 General Plan Update. Third, the resolution recommends adoption of the suggested changes to the Koll Center Newport Planned Community by ordinance. Prepared by: Qva� Ro alinh M. Ung, s ociate Planner Submitted by: Gregg Rdmire7,4cting Plannin irector Exhibits: 1. Planning Commission Resolution No. 2006- _ (to be provided under a separate cover) 2. Applicant's Letter of Request 3. Initial Study & Mitigated Negative Declaration' 4. Prior PC Text Amendment (1972 -2005) for Koll Centers Office Areas A &B 5. Project Plans 6. Public Comments CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 September 21, 2006 TO: PLANNING COMMISSION FROM: Rosalinh Ung, Associate Planner (949) 644 -3208 rung @city.newport - beach.ca.us ® FILE COPY SUBJECT: Koll Center Newport 4450 MacArthur Blvd. General Plan Amendment No. 2006 -003 Planned Community Development Amendment No. 2006 -001 (PA2006 -095) APPLICANT: The Koll Company Attached is the draft resolution for the Planning Commission to consider. It includes the following changes that reflect comments made by the Commission at the prior meeting: 1. Addition • of a finding statement for the adoption of the Mitigated Negative Declaration. The Mitigation Monitoring and Reporting Program which contains mitigation measures is a part of the environmental document. 2. Deletion of the mitigation measures from Exhibit "D ". Prepared by" Submitted by: ,i salinh M. Ung, 40c ciate Planner Patricia L. Temple,flanning Director Exhibit: 1. Planning Commission Resolution No. 2006 -_ .1D ATTACHMENT F INITIAL STUDYWITIGATED NEGATIVE DECLARATION (Distributed separately due to bulk. Available for public review at the City Clerk's Office) ATTACHMENT G' PROJECT PLANS 1�- THE KOLL. COMPANY HEADQUARTERS (KOLL CENTER NEWPORT) THE KOLL COMPANY 7NGDON WILSON P L A N H I N 0 T ER 1 0 R 3 THE KOLL COMPANY KOLL CENTER A ` Y , PARXING ''•.. ^� � yes it � „ ..-� .1 EXISTING SITE PLAN (1 ) IANOON •:n i.. WILSON -.e c f ^i 1 p Rf z ti -.e c f ^i 1 p Rf 2NO FLOOR 1R FLOOR FARANG LEVEL THE KOLL COMPANY HEADQUARTERS CONCE,.PrUAL FLOOR PLANS ( a ) KOLL CENTER NEWPORT ;..' " L*AXXM