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Home My WebLink About03 - Annual Review of Newport Development Agreement - PA2014-039 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT y PLANNING DIVISION u 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 c`�LfFOR�,P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT April 30, 2015 Agenda Item No. 3 SUBJECT: Annual Review of Uptown Newport Development Agreement (PA2014-039) 4311-4321 Jamboree Road APPLICANT: Uptown Newport LP PLANNER: Rosalinh Ung, Associate Planner (949) 644-3208, rung(o-)newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: PC 58 (Uptown Newport) • General Plan: MU-H2 (Mixed-Use Horizontal 2) PROJECT SUMMARY An annual review of Development Agreement No. DA2012-003 (DA) for Uptown Newport Planned Community, pursuant to Section 15.45.080 of the Newport Beach Municipal Code and Section 65865.1 of the California Government Code. RECOMMENDATION 1) Conduct a public hearing; and 2) Find the annual review is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 , Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; 3) Receive and file the Annual Report of Development Agreement for Uptown Newport Planned Community (Attachment No. ZA 2); and 4) Find that the applicant has demonstrated good faith compliance with the terms of Development Agreement No. DA2012-003. 1 V� QP �P Annual Review of Development Agreement No. DA2012-003 Zoning Administrator April 30, 2015 Page 2 DISCUSSION Section 15.45.080 of the Municipal Code requires the City to periodically review development agreements to determine if the applicant has complied with the terms of the agreement. This review should be conducted at least once every 12 months. The applicant is required to demonstrate good faith compliance with the terms of the agreement, and should the Zoning Administrator find that the applicant has not complied in good faith with the terms of the agreement; the Zoning Administrator should refer the matter to City Council. Background On March 12, 2013, City Council adopted Ordinance No. 2013-6, approving the DA for the development of a 25-acre, mixed-use residential project consisting of 1,244 residential units, two one-acre public parks, and 11,500 square feet of retail uses. The DA became effective on April 22, 2013. The term of the DA is 15 years, and has two, 5-year extension options. The earliest expiration could be in 2028. The DA is available online at: hftp://www.newportbeachca.gov/developmentagreements. At the last annual review on April 24, 2014, the Zoning Administrator determined that Uptown Newport LP was in good faith compliance with the DA. Annual Review The Uptown Newport Phase 1 development is underway which includes demolition of the existing single-story office building at 4311 Jamboree Road (the "Half Dome Building"), and development of up to 680 residential units, 11,500 square feet of retail, one 1-acre park, and associated infrastructure including roads, sidewalks, utilities, and landscaping. Phase 1 is expected to be completed in 2018. No public benefit fees, as required pursuant to the DA, are due at this time since building permits for new residential development have not been issued. After reviewing the attached annual report and applicable documents, staff believes that the applicant is in good faith compliance with the terms and conditions of the DA. ENVIRONMENTAL REVIEW This annual review is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, TmpIt:10-15-13 Annual Review of Development Agreement No. DA2012-003 Zoning Administrator April 30, 2015 Page 3 or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. PUBLIC NOTICE Notice of this review was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644-3200. Prepared by: o alinh Ung As ociate Planner JC/M Attachments: ZA 1 Vicinity Map ZA 2 Uptown Newport Development Agreement Annual Report TmpIt:10-15-13 J Attachment No. ZA 1 Vicinity Map 5 V� QP �P VICINITY MAP P,. L a• ®arc iw,� ��i//�.,/�•� �, ,� �.�� ...r,« y .. y y • ,� 3 Subject Property s r � �•!� ' ,•- F iii.. c �• Annual Review Uptown Newport Development Agreement (PA2014-039) 4311 -4321 Jamboree Road V� QP �P g Attachment No. ZA 2 Uptown Newport Development Agreement Annual Report 9 V� QP �P 20 SHOPOFF REALTY INVESTMENTS Transtorming Opportunity into Value Sr March 11, 201e City of Newport Beach Mr. Michael Torres 100 Civic Center Drive Newport Beach, California 92660 S RE. 201,Annual Report for Uptown Newport Development Agreement No. DA2012-003 Dear Mr. Torres This Annual Report for the Uptown Newport Development Agreement DA2012-003 (the "Agreement") is being provided to the City pursuant to Section 7 of the Agreement. Uptown Newport is a mixed use development consisting of: 1,244 residential units; 11,500 square feet of retail uses, and; two 1-acre public parks on approximately 25.05 acres of real property located at 4311-4321 Jamboree Road, Newport Beach, California. On March 23, 2013 (the "Agreement Date"), the City Council adopted its Ordinance No. 2013-6 (the "Adopting Ordinance"), finding the Agreement to be consistent with the City of Newport Beach General Plan and approved the Agreement. The Effective Date is thirty days after the Agreement Date, or April 22, 2013. The Uptown Newport project is proceeding with development of Phase 1 of the Uptown Newport Planned Community, with site development activities expected to commence in the March of 2015. The current plan for Phase 1 is to develop approximately 458 apartment units in two buildings on the parcels that front Jamboree Road and for-sale townhomes or condominiums on the parcels that surround the Phase 1 Park. The number of for-sale units has not yet been determined. The apartment buildings will include approximately 92 affordable apartment units that will be incorporated into the same buildings as market rate apartments. An updated schedule of development activities planned for Phase 1 development is provided below for your reference. Please note that this is a tentative schedule and subject to change: • Commence Grading: March,2015 • Commence wet underground utilities:June,2015 • Commence Street Improvements: August, 2015 • Commence Construction of Apartments: December 2015 SHOPOFF REALTY INVESTMENTS Transtorrning Opportunity into Value Uptown Newport, LP and the Assignment of the DA have complied in good faith with the terms and conditions of the DA. A summary of the activities performed by the Landowners, its agents and affiliates during the past year are provided below for the City's review: 1. February 13,2014-Partial assignment of DA from Uptown Newport LP to Uptown Newport Jamboree LLC, (with respect to parcels 2 and 4) • Partial assignment of DA from Uptown Newport LLC,to TSG-Parcel 1, LLC as to parcel 1. • Partial assignment to TPG/TSG Venture I Acquisition, LLC as to parcel 3. 2. On February 25, 2014,the City adopted Resolution No. 2014-18 approving an amendment of Affordable Housing Implementation Plan (AHIP) No.AH2012-001 for the Uptown Newport Planned Community. The AHIP amendment allows for up to 100%of the affordable units for the Uptown Newport Planned Community to be developed within Phase 1. 3. Demolition of phase 1 existing improvements, i.e.; Half Dome building, Asphalt parking lot, landscaping, underground utilities, pipes,and electrical lines was completed as of December 2014. 4. Exporting of excess soil was initiated November 2014. 5. Improvement plans for streets,water,storm drain,and sewer were submitted to the city in April 2014. Rough grading plans and final tract map were also submitted to the city for plan check review. We look forward to continuing our development efforts for Uptown Newport, and appreciate the City's cooperation in our efforts. Please contact me at (949) 231-5068 or at brupp@shopoff.com Should you have any questions or require additional information. Sincerely, Brian G. Rupp Vice President— Development Cc: Rosalinh Ung, Newport Beach Planning Department Gregory Powers, Jackson DeMarco Tidus & Peckenpaugh Attachments, Copies of Assignments