HomeMy WebLinkAbout27 - Koll Company and ConexantCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
January 13, 2009
Agenda Item 27
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Sharon Wood, Assistant City Manager
SWood(a)city. newport- beach.ca. us
(949) 644 -3000
SUBJECT: Airport Business Area Integrated Conceptual Development Plan
(PA2007 -170 & PA2008 -063)
APPLICANT: The Koll Company & Conexant
ISSUE
Should the City Council adopt a
Integrated Conceptual. Development
mixed -use development on the Koll
through future regulatory plans?
RECOMMENDATION
resolution approving the Airport Business Area
Plan that would allow for future residential and
and Conexant properties within the Airport Area
Staff recommends that the City Council take the following action:
1. Conduct a public hearing; and
2. Adopt Resolution No. 2009 - approving the proposed Airport Business
Area Integrated Conceptual Development Plan (Attachment A).
PROJECT SUMMARY
The proposed Airport Business Area Integrated Conceptual Development Plan is intended
to implement General Plan Land Use Policy LU 6.15.11 (Conceptual Development Plan
Area), which requires a single conceptual development plan for any residential
development in that portion of the Airport Area that is generally bounded by MacArthur
Boulevard, Jamboree Road and Birch Street.
Airport Business Area Integrated Conceptual Development Plan
January 13, 2009
Page 3
Project Description
To allow residential uses in the Conceptual Development Plan Area, General Plan
Policy LU 6.15.11 requires the preparation of a conceptual development plan that would
"demonstrate the compatible and cohesive integration of new housing, parking
structures, open spaces, recreational amenities, pedestrian and vehicular linkages, and
other improvements with existing non - residential structures and uses." The proposed
Airport Business Area Integrated Conceptual Development Plan has been prepared to
satisfy this requirement.
The proposed Plan has incorporated the General Plan policies that establish the
fundamental criteria for the configuration and design of new residential villages in the
Conceptual Development Plan Area. The Plan is a prerequisite for the preparation of
Airport Business Area Integrated Conceptual Development Plan
January 13, 2009
Page 4
the entitlement documents called for in the General Plan. These documents include a
Regulatory Plan and a Development Agreement. Once the City Council has reviewed
and approved the Conceptual Development Plan, each property owner will be
responsible to independently prepare and submit to the City the proposed Regulatory
Plan for their property. The Regulatory Plans will then be subject to an environmental
and public review process as required by the City.
Background
On November 7, 2006, the General Plan 2006 Update was approved by voters. The
General Plan includes policies that promote the introduction of residential and mixed -
use development within the Airport Area, provided that such development contributes to
the creation of viable neighborhood clusters with appropriate infrastructure, pedestrian -
oriented features and open spaces, and with a pattern of development that offers a
strong sense of community and livability. The General Plan's EIR addresses the
potential environmental impacts associated with the build -out of the City, inclusive of the
Airport Area.
Specifically, the General Plan allows a maximum of 2,200 units of housing within the
Airport Area. All but 550 of these units must replace existing development so that there
is no net gain of vehicular trips. The 550 units, known as "additive" units, may be
constructed on existing surface parking lots located east of MacArthur Boulevard. This
area is referred to in the General Plan as the Conceptual Development Plan Area
(Attachment F) further identified in the Airport Area Residential Village Illustrative
Concept Diagram (Attachment G).
Within the Conceptual Development Plan Area, there are two large tracts of assembled
property, owned by The Koll Company (75 acres) and Conexant (25 acres). These
property owners each submitted their own conceptual development plans to develop
residential uses. These individual plans reflect an inability of the two owners to come to
an agreement on a single plan, particularly with regard to the allocation of the 550
"additive" units. Both parties claimed that their plans met the criteria of the General
Plan for the design of infill neighborhoods and each made a case for the allocation of all
of the additive units.
The City, in response, requested ROMA Design Group to evaluate the conceptual
development plans prepared by each of the property owners in relation to the policies
and standards of the General Plan, and to formulate a recommended Integrated
Conceptual Development Plan for the City's consideration. This process began with the
review of both proposed plans. ROMA prepared a draft preliminary conceptual
development plan based on the two property owners' proposals and the General Plan.
This draft was reviewed by the City and the property owners, then revised and
circulated to the property owners for additional review and comment. The Koll Company
chose to submit sketch concepts for consideration in addition to making comments.
Airport Business Area Integrated Conceptual Development Plan
January 13, 2009
Page 5
Comments and submitted materials were taken into account and discussed with the City
prior to the preparation of a recommended development plan for consideration by the
Planning Commission and City Council.
On November 20, 2008 the Planning Commission conducted a public hearing on the
proposed plan. The Commission unanimously recommended approval of the plan. The
Planning Commission staff report and minutes are attached as Attachments C and D.
DISCUSSION
Analysis
Integrated Conceptual Development Plan
The Airport Business Area Integrated Conceptual Development Plan (Plan) provides for
the redevelopment of the 25 -acre Conexant site, and for the redevelopment of a 15 -acre
portion of the 75 -acre Koll Center office park between Birch Street and Von Karman
Avenue with new residential development and open space, carefully integrated with the
existing office buildings and parking facilities (Figure 1 - Illustrative Plan). The Plan is
aimed at fulfilling the policies of the General Plan, ensuring cohesive and livable
neighborhoods oriented to parks and pedestrian ways, and a finer- grained network of
pedestrian - friendly streets. The Plan would result in a total of up to 974 new residential
units, 714 on the Conexant site and the remaining 260 on the Koll property. All 260 of
the new residential units on the Koll site would be "additive' units since no existing office
or industrial uses would be removed. On the Conexant site, up to 424 units would
replace the existing industrial and office uses which are to be demolished, and the
remaining 290 units would be additive. The exact number of replacement units will be
determined when the regulatory plans are prepared, along with more precise traffic
analysis to ensure compliance with General Plan Policy LU 6.15.5. Together, the two
properties would use all 550 additive units allocated to the Conceptual Development
Plan Area by the General Plan.
It is important to note that the Conceptual Development Plan is a prerequisite of the
General Plan to demonstrate compliance with its policies and to establish an
"integrated ", balanced and complementary direction for both properties. The proposed
Plan establishes the direction for each of the property owners to separately prepare and
submit a Regulatory Plan for their holdings as a basis for environmental review, public
hearings and City action.
Regulatory Plans must be in substantial compliance with the intent of the Plan,
particularly in terms of the number of additive residential units (except for any density
bonuses for affordable units) and the connectivity between the Koll and Conexant
residential villages.
Airport Business Area Integrated Conceptual Development Plan
January 13, 2009
Page 6
Lastly, the City has an interest in timely execution of the Plan to ensure implementation
of its Housing Element and to provide unused development opportunities to property
owners who have the interest and capacity to implement the City's plans. The Plan
provides that if, after a reasonable period of time as determined by the City Council,
owners of property within the area of the Plan do not submit and prosecute Regulatory
Plans and Development Agreements, the City may initiate and adopt an amendment to
the Plan to reallocate additive units.
General Plan Consistency
The General Plan contains several policies that provide for the orderly evolution of the
Airport Area, from a single - purposed business park, to a mixed -use district with
cohesive residential villages integrated within the existing fabric of office, industrial,
retail, and airport- related businesses. Residential opportunities would be developed as
clusters of residential villages centering on neighborhood parks and interconnected by
pedestrian walkways. These would contain a mix of housing types and buildings that
integrate housing with ground level convenience retail uses and would be developed at
a sufficient scale to achieve a complete neighborhood.
The General Plan establishes several fundamental criteria for the configuration and
design of new residential villages in the Airport Area in general, and in the Conceptual
Development Plan Area in particular. An extensive discussion of each of the policies is
contained in the text of the Conceptual Development Plan. Outlined below is a synopsis
of these policies along with a discussion on each of the development areas' General
Plan consistency.
• Neighborhood Size (LU6.15.6, LU6.15.10 and LU6 15.11): Each residential
village shall be at least 10 -acres in size at build -out, and be organized around a
neighborhood park and other similar amenities. The first phase of residential
development in each village shall be at least five gross acres, exclusive of
existing rights -of -way. Although the General Plan exempts the "Conceptual
Development Plan Area" from this minimum first phase requirement, it does
require that residential villages within this sub -area be able to be built out to a
minimum area of 10 acres. At the discretion of the City, the acreage can include
part of a property in a different land use category, if the City finds that a sufficient
portion of the contiguous property is contributing to the village fabric of open
space, parking, or other amenities.
Koll - The village that includes the proposed residential
development is approximately 15 gross acres in size, which
exceeds the 10 -acre minimum requirement. It is not a purely
residential village of 10 acres, but a mixed -use village that
incorporates existing office uses as well as proposed residential
uses. Staff believes that the size of this village meets the intent of
Airport Business Area Integrated Conceptual Development Plan
January 13, 2009
Page 7
the General Plan policies to integrate residential and non-
residential uses in the Airport Area.
Conexant — The residential village (with supporting commercial
uses) is approximately 25 gross acres in size, which exceeds the
10 -acre minimum requirement.
• Neighborhood Densities (LU6.15.7, LU6.15.8 and LU6.15.9): In addition to
providing a minimum land area for residential development, the General Plan
also establishes minimum densities to ensure that a sufficient critical mass is
created within each 10 -acre village. As such, the overall minimum density for
each village at build -out is 30 dwelling units per net acre, exclusive of existing
and future rights -of -way, open spaces and pedestrian ways; a maximum net
density of 50 units per acre is also established. The General Plan also
establishes a minimum density of 45 units per acre for each five -acre first phase
increment of residential development; although the Conceptual Development
Plan Area is exempt from this specific numerical requirement, any first phase
increment of residential development should demonstrate an appropriate critical
mass.
Koll - The Plan provides for 5.20 net acres of new residential land,
which could allow the development of 150 to 260 units based on
the minimum and maximum allowable densities in the General
Plan. The 260 additive units included in the Plan for Koll are
consistent with the General Plan's density policies.
Conexant - The Plan provides a net developable residential land
area of 14.28 acres, which could allow for a maximum program of
714 dwelling units (14.28 ac. x 50 du /ac). The Plan provides for the
development of up to 714 units, and is consistent with General Plan
policies. The precise number of replacement units will be finalized
in the Regulatory Plan for development of the Conexant property,
based on traffic analysis to comply with General Plan Policy LU
6.15.5.
• Diversity of Housing (LU6.15.7): Within the density envelope (30 to 50 du /ac),
the General Plan promotes a diversity of building types, including row houses
and podium mid -rise and high -rise buildings to accommodate a range of
household types and incomes and to promote a variety of building masses and
scales.
Koll - The Plan proposes several building types, 4 to 5 -story podium
styled development and townhouse units.
Airport Business Area Integrated Conceptual Development Plan
January 13, 2009
Page 8
Conexant - Housing types contemplated in the plan include ground -
level townhouse units, podium mid -rise and high -rise
apartment/condominiums.
Neighborhood Parks (LU6.15.13 and LU6.15.14): The General Plan calls for
residential villages to be centered on neighborhood parks to provide structure
and a sense of community and identity. The General Plan requires that each
park be a minimum of one acre in size, or at least eight percent of the total land
area of the residential village, whichever is greater. In order to promote useable
and cohesive open space, the General Plan also requires that each
neighborhood park have a minimum dimension of no less than 150 feet.
Neighborhood parks are required to be public in nature (rather than internalized
open space), and to this end must have public streets on at least two sides and
be connected with adjacent residential development by pedestrian ways and
streets.
Koll - The Plan provides a total of 1.28 acres of parks and open
space which consists of a one -acre central neighborhood park and
three open space areas of 0.28 acres total on land that was
previously used for surface parking. Although the neighborhood
park falls short of the single open space requirement of 1.2 acres
(i.e., 8 percent of 15 acres), the plan achieves the total amount of
open space required by the General Plan, and proposes a series of
interconnected promenades and plazas in addition to the central
neighborhood park, which would enhance the livability and amenity
of the neighborhood. As such, staff believes that the spirit and
intent of the General Plan policies are being met.
Conexant — The Plan provides a total of 2.29 acres of parks and
open space, exceeding the General Plan requirement of 2.0 acres
or 8 percent of the land area of the residential village (i.e., 8 percent
of 25 acres = 2.0 acres). A 1.38 -acre neighborhood park is located
at the center of the community; it is highly public in nature,
surrounded on all sides by public streets and by active ground -level
uses. An additional 0.91 acres is provided in two smaller pocket
parks within the village. Although the size of the central
neighborhood park does not fully meet the requirements of the
General Plan, the overall open space program in all other aspects
complies with the General Plan policies and contributes to a
cohesive residential village as contemplated by the General Plan.
Airport Business Area Integrated Conceptual Development Plan
January 13, 2009
Page 9
Summary
Prior to any residential development within the Airport Area, the General Plan requires
the preparation of a Conceptual Development Plan to; 'demonstrate the compatible and
cohesive integration of new housing, parking structures, open spaces, recreational
amenities, pedestrian and vehicular linkages, and other improvements with existing
non - residential structures and uses." Staff is of the opinion that the proposed Airport
Business Area Integrated Conceptual Development Plan will implement this required
integration. The Plan also establishes the framework for future Regulatory Plans, which
will describe more fully the proposed design of buildings, parking, streets, pedestrian
ways, parks and open spaces, and how infrastructure required to support the proposed
development will be provided.
Plannina Commission Recommendation
During the hearing the Commission commented on several features of the plan. These
comments centered on circulation, placement and separation between existing office
and new residential units, future market of residential unit types, potential mixed -uses
and the amount of future retail, as well as the flexibility of the plan once it was approved.
Several Commissioners further commented that the plan could be misconstrued as an
entitlement to a set number of residential units and layout that could not be changed
during the regulatory plan process.
After considerable discussion the Commission recommended approval of the plan with
a few modifications. These modifications include additional language in the substantial
compliance section of the plan to ensure future `Regulatory plans must be in substantial
compliance with the intent of the Integrated Conceptual Development Plan'; and
additional allocation of 16 units to the Conexant property and 10 units to the Koll
property, as agreed upon by the two applicants during the hearing. Staff agrees with
and supports the changes and additions.as recommended by the Planning Commission,
including the additional allocation of 16 units to the Conexant property and 10 units to
the Koll property.
Environmental Review
The consideration of an Integrated Conceptual Development Plan is exempt from
environmental review under Public Resources Code Section 21083.3. The proposed
Plan complies with and implements policies of the General Plan, which were evaluated
in the General Plan EIR (SCH No. 2006011119) certified on July 25, 2006. The Plan
does not authorize any development, but provides additional guidance for development
of the 550 additive units included in the General Plan for the Conceptual Development
Plan Area, as well as replacement units at a density consistent with General Plan
policies. The City has determined, on the basis of substantial evidence in the light of
Airport Business Area Integrated Conceptual Development Plan
January 13, 2009
Page 10
the whole record, that the Plan does not propose any substantial changes to the Airport
Area that were not contemplated in the General Plan; no substantial changes would
occur which would require revisions to the General Plan EIR due to the involvement of
new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; and, no new information of substantial
importance has been revealed since the certification of the General Plan EIR. Separate
EIRs will be prepared on the more detailed Regulatory Plans for development in the
Integrated Conceptual Development Plan area, when additional detail is available to
allow for full environmental review of each Regulatory Plan when it is submitted to the
City.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Prepared by:
t. G raid S. Gilbert, tra t Planner
Attachments
Submitted by:
Sharon Wood, Assistant City Manager
A. Draft City Council Resolution
B. Planning Commission Resolution No. 1772
C. November 20, 2008 Planning Commission Staff Report
D. Planning Commission Minutes Dated November 20, 2008
E. Airport Business Area Integrated Conceptual Development Plan Dated January
2009
F. General Plan Figure LU22 Airport Area
G. General Plan Figure LU23 Airport Area Residential Village Illustrative Concept
Diagram
FAUSERS \PLN \Shared \PA's \PAs - 2008 \PA2008 - 063 \0113staffreport
ATTACHMENT A
DRAFT CITY COUNCIL
RESOLUTION
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING THE AIRPORT
BUSINESS AREA INTEGRATED CONCEPTUAL
DEVELOPMENT PLAN (PA2007 -170 & PA2008 -063)
WHEREAS, The Koll Company and Conexant have filed applications with
respect to their properties located within a portion of the Airport Area that is
generally bounded by MacArthur Boulevard, Jamboree Road and Birch Street;
and
WHEREAS, the applications seek approval of an Integrated Conceptual
Development Plan (Plan) for the Airport Area that will implement certain General
Plan Land Use policies; and
WHEREAS, a public hearing was held on November 20, 2008, in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at
which time the Planning Commission considered the Airport Business Area
Integrated Conceptual Development Plan. 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, including the evidence and arguments submitted by the City staff,
The Koll Company, Conexant, and all interested parties; and
WHEREAS, the Planning Commission reviewed and considered the
information in the Plan and in the full administrative record, including the General
Plan and voted to recommend the approval of the Airport Business Area
Integrated Conceptual Development Plan to the City Council, and
WHEREAS, a public hearing was held on January 13, 2009, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which
time the City Council considered the Airport Business Area Integrated Conceptual
Development Plan. 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, including the
evidence and arguments submitted by the City staff, The Koll Company,
Conexant, and all interested parties; and
WHEREAS, the City Council finds that:
1. The Plan will ensure compatible and cohesive integration of new housing,
parking structures, open spaces, recreational amenities, pedestrian and
vehicular linkages, and other improvements with the existing non - residential
structures and uses.
7
City Council Resolution No.
Page 2 of 4
2. The Plan is consistent with the General Plan, specifically Policy LU6.15.11,
which requires the preparation of a Conceptual Development Plan prior to
developing residential uses in the Conceptual Development Plan Area.
Approval of the Conceptual Design Plan, as required by the General Plan,
does not approve any particular entitlement or the development of any
specific number of additive or replacement units. Rather, the Conceptual
Development Plan is a required prerequisite for the preparation of entitlement
documents required by the General Plan. These documents include a
Regulatory Plan and a Development Agreement. Subsequent to City Council
approval of the Conceptual Development Plan, each property owner will be
responsible to independently prepare and submit to the City the proposed
Regulatory Plan for their property. The Regulatory Plans will be subject to an
environmental and public review process as required by the City and any
additive or replacement units which may eventually be approved will be fully
analyzed as part of the environmental review process for the Regulatory
Plans.
3. The Plan complies with the General Plan Land Use Plan and implements
policies of the General Plan, including policies with regard to residential
village size, density of residential development and neighborhood parks.
4. The General Plan EIR (Screencheck No. 2006011119), certified by the
Newport Beach City Council on July 25, 2006, adequately addressed the
potential environmental impacts at build -out of the General Plan, inclusive of
the Airport Area. The General Plan figures and policies contained in Section
6.15 of the Land Use Element establish the criteria for location, size, density,
land use types, public and private open space and implementation process,
all of which were all of which were evaluated in the General Plan EIR. The
General Plan requires the preparation of a conceptual development plan prior
to development of residential uses on specific properties in the Airport Area
(LU.6.15.11). The proposed Plan complies with this policy and does not
propose any changes in the authorized development policies in the General
Plan. No entitlement or development of the additive or replacement units is
authorized by the approval of the Integrated Conceptual Development Plan.
Therefore, approval of the Integrated Conceptual Development Plan is
exempt from environmental review under Public Resources Code Section
21083.3.
5. No vested right is created in approving this Resolution by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DOES HEREBY RESOLVE AS FOLLOWS:
1. Approval of the Integrated Conceptual Development Plan is exempt from
environmental review under Public Resources Code Section 21083.3.
\k
City Council Resolution No. _
Paae 3 of 4
2. The Airport Business Area Integrated Conceptual Development Plan is
consistent with the General Plan policies and the City Council hereby
approves the Plan (Exhibit "A "), subject to the findings stated in this
Resolution.
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 January
13, 2009 by the following vote to wit:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT COUNCIL MEMBERS:
ATTEST:
CITY CLERK
6
City Council Resolution No.
Paae 4 of 4
EXHIBIT "A"
Airport Business Area
Integrated Conceptual Development Plan
�b
ATTACHMENT B
PLANNING COMMISSION
RESOLUTION NO. 1772
11
RESOLUTION NO. 1772
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DETERMINING THAT THE
....... .....__ AIRPORT -- - BUSINESS- AREA- INTEGRA -TED -- GONC —EP-T -UAL
DEVELOPMENT PLAN IS CONSISTENT WITH THE GENERAL
PLAN POLICY LU 6.15.11 AND RECOMMENDING APPROVAL
TO THE CITY COUNCIL (PA2007 -170 & PA2008 -063)
WHEREAS, The Koll Company and Conexant have filed applications with respect to
their properties located within a portion of the Airport Area that is generally bounded by
MacArthur Blvd, Jamboree Road and Birch Street.; and
WHEREAS, the applications seek approval of an Integrated Conceptual Development
Plan (Plan) for the Airport Area that will implement certain General Plan Land Use policies; and
WHEREAS, the properties will be governed by the Plan; and
WHEREAS, a public hearing was held on November 20, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the Planning
Commission considered the Airport Business Area Integrated Conceptual Development Plan. 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, including the evidence and arguments submitted by the City
staff, The Koll Company, and Conexant, and all interested parties; and
WHEREAS, the Planning Commission has reviewed and considered the information in
the Plan and in the full administrative record, including the General Plan, before taking any
action recommending approval of the Plan; and
WHEREAS, the Planning Commission finds that:
1. The Plan will ensure compatible and cohesive integration of new housing, parking
structures, open spaces, recreational amenities, pedestrian and vehicular linkages,
and other improvements with the existing non - residential structures and uses.
2. The Plan is consistent with General Plan, specifically Policy LU6.15.11, which requires
the preparation of a Conceptual Development Plan prior to developing residential uses
in the Airport Area, The Plan is also a pre- requisite for the preparation of entitlement
documents, required by the General Plan. These documents include a Regulatory
Plan and a Development Agreement. Once Council has reviewed and approved the
Conceptual Development Plan, each property owner will be responsible to
independently prepare and submit to the City, the proposed Regulatory Plan for their
property. The Regulatory Plans, along with any required environmental documents,
will then be subject to a public review process as required by the City.
3. The Plan complies with and implements policies of the General Plan, which were
evaluated in the General Plan Final EIR. On July 25, 2006, the City Council certified
Planning Commission Resolution No. 2008 -
Paae 2 of 3
Environmental Impact Report for the City of Newport Beach General Plan 2006
Update. .
WHEREAS, The General Plan PEIR (Screencheck No. 2006011119) was certified by the
- — - ._..._.1 ....... .. --
Newport Beach Cify Council on July 25, 2006, has adequately addressed the City's potential
environmental impacts at build -out condition, inclusive of the Airport Area (General Plan
Figure LU22) and Airport Area Residential Village Illustrative Concept Diagram (General Plan
Figure LU23). This illustrative plan as well as General Plan policies contained in Section 6.15
of the Land Use Element establish the criteria for location, size, density, land use types,
public and private open space and implementation process, all of which were contemplated
and authorized by the General Plan. The General Plan requires the preparation of a
conceptual development plan prior to development of residential uses on specific properties
in the Airport Area (LU 6.15.11). The proposed Plan complies with and does not propose any
changes in the authorized development policies in the General Plan.
As such, consideration of the Plan is exempt from further environmental review under Public
Resources Code Section 21083.3. The proposed Plan complies with and implements policies
of the General Plan, which were evaluated in the General Plan PEIR. Separate EIR(s) will be
prepared on more detailed planning documents for development in the CDP area, when
additional detail is available to allow for full environmental review.
NOW THEREFORE BE IT RESOLVED:
Section 1. The Planning Commission determines that the proposed Airport Business Area
Integrated Conceptual Development Plan is consistent with the General Plan policies and
recommends approval of the Plan (Exhibit A) to the City Council.
Section 2. The Airport Business Area Integrated Conceptual Development Plan shall not
go into effect until the City Council approves the Plan.
PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF NOVEMBER, 2008.
AYES: Eaton Unsworth, Hawkins, Peotter,
McDaniel, Toerge and Hillgren
lag
Scott Peotter. Cha
BY: Z2 gz_'O_�
Barry Eato , Secretary
FAUSERS \PLN \Shared\PA's\PAs - 2008 \PA2008 -063\1110Resclution
EXCUSED: None
�D
AIRPORT BUSINESS AREA
RECOMMENDED INTEGRATED CONCEPTUAL DEVELOPMENT PLAN
FOR KOLL AND CONEXANT PROPERTIES
Prepared for the City of Newport Beach by ROMA Design Group
JANUARY 2009
AIRPORT BUSINESS AREA
RECOMMENDED INTEGRATED
CONCEPTUAL DEVELOPMENT PLAN
FOR KOLL AND CONEXANT
PROPERTIES
Introduction
In 2006 and 2007, RO, dA Design Gsnup assisted the
City OF Nes parr Beach in establishing land use and
urban design policies and a Conceptual Framework
plan Ibr infill developmenr within the Ai,poa Busi-
ness Area, immediately east oFjohn Wayne Airport,
bounded by jamboree Road, Campus Drive and
Brisml Sno,c. The policies, which have been incnrpn-
mmd within the adopm l General Plan, pmmom the
introduction of residential and nux al -use development
widon this industrial and commercial dismiss, provided
that such devclopment contributes to the creation of
viable neighborhood cl stas with appropriate iuFra-
srructnre, pedestrian- orimmd feamros and opcospaces.
and with a pattern of development that offers a wrong
sense of community and livability.
'tht. General Plan policies allow for a maximum of
2,200 units of housing within the Airport Bwnwss
Area. All but 550 of these Voila must replace existing
development so that there is no net gain of vehicular
hips; de >50 'hddidi V" units nr:ty be constructed on
existing.Malaee parking lots located east of Macslr'thor
Boulevard. This area, referred to in the General Plan
as the Conceptual Developmrnt Plan Area. has strong
poronrial for the inrroduetdon of new residcmial devel-
opmcm, as is includes nvo large rots of aascmbled
propery, including the 75 acra Foil prolcrty, and
the 25 -acre Conexanr site. ']he Genenl Plan rcquirce
the property owners in chi, area to collahoram in the
prepanuion of a single Conottp oVi Developnuol pica
co "demunsarate rho compatible std enbesim: in" C'a..
�o I
T
Lion of new housing, parking structure,, open spaces,
recreational amenities, pedestrian and vehicular link-
ages, and other improvements with existing non -resi-
dential structures and uses."
Each of the principal property owners has prepared
u Conceptual Development Plan for their properties
for City review, but these plans did nm resolve the
:Vocation of the 550 "additive" units. "lite City has
requested drat POts•IA Design Group evaluate the
Conceptual Development Plans prepared by each of
the property owners, in relation m the policies and
standards of the Gencral Plan, and to F rmrdam a
cecommendad Imegrated Concept,.[ Development
flan For she City's consideration.
General Plan Policies
The General plan provides policies for the orderly
evolution of the Airport Business Area, from a single-
purposed business park, to a mixed -use district with
cohesive residential villages integrated within The
existing &brie nfo(fic,,, industrial, retail, and airporr.
related businesses. The goal of the Plan is to create
livable neighborhoods with a strong•.sense of place and
community— "nViden,ial villages centering on neigh.
borhood parks and interconnected by pedestrian walk -
ssavx (with) a mix of housing types and buildings,. Iu
a suficient scale to achieve a complae neighborhood."
In formulating the General Plan policies, there was
concern ch., residential development not ocnu as a
"piaemeV" basis.. and That there be sufficin¢ critical
mass to enable each new increment of housing m stand
alone as n viable and livable neighborhood. This was
felt ro be pa¢ieularly important in the Airport Bosineu
Area where there has been no residential development,
and svIb, e. the predominan, land use patent It,,, been
commercial and industrial.
the Gencral Plan establishes sw•eml 6mdamennd
criteria For the configuration and design of new residen-
,ial villayas In the Airport Business Area in general, and
in the Conceptual Devlopment Plan Area in particular:
Neighborhood Size: Each residential village shall
be at least 10 -acres in size as build -out, and be
organized around a neighborhood park and ocher
similar amenities. The first phase of residential
development in each village shall be at least five
gross aeres, exclusive of existing rights -of -way.
Although the General Plan exempts the `Concep-
ned Development Plan Area" from this minimum
firs[ phse requirement, it does require that residen-
rial villages within his sub -area be able to be built
out ro a minimum area of 10 acres (LU6.15.6,
LU6.15. 10 and LUG 15.11). AT the discretion of
the Ciro, the acreage can include par, of a property
inn dif scent fund use category', if the City finds
chat a sufficient portion of the contiguous property
is contributing to the village fabric of open space.
parking. or odor amenities.
Neighborhood Densities: In addition to
providing a minimum land area for residenrial
development, the Gencral Plan also carablklans
minimum densities to ensure chat a.snfficient
critical mass of at least 300 units is created within
each 10 -sea village. As .such, the overall minimum
density for each village at build -one is 30 dwelling
units per net acre, exclusive of existing and future
ri fin -of -way, open spaces and pedacrian ways;
a maximum net density OF50 unics/acre is also
.mblishal. The Genenl Plan also esrablishv a
minimum density of45 units per acre for eacb
fivo-acl'c first Phaxc inetemen, of reide,ohl
development (225 dwelling units); ahhorgh the
Conceptual Devclopmem Phu Arc. is exempt.
knot his spe,iFD numerical requirement, any
list phase incran¢uc of teidcnci:l development
should demonarm a an appropriate critical mass
(1,06.15.7, Ll C.15.8 and Ii1J6. 15.9).
Diversity of Housing: With inde density envc-
lope (30 m 50 dulac), the General plan promotes
a divcrsi,w of building type; including ton' houses,
and podium mid -dsc and high rise building: to
accommodate a rouge of hohsehold type and
incomes and to promote a veriery of budding
rose., and scales. (LU6.15i7).
Neighborhood Forks: ThcGeneral Plan calls for
residential villages m be cscIItned on neighborhond
parks to provide structure arid a sense ofeommu-
niry and identity, The C;cncraf plan requires rnar
each park be a minimum of;one -acre in sit, or
tit leas, eight percent of the Total land area of due
residential village, whichever is getter, In nrdet
w promote escable and codlsive open space, the
General plan :rise requires drat each neiglabnuhaod
park have amiannum dimchsion, no less than 150
feet. Neighborhood parks arc required m be public
in nature (rather than internalized open space),
and rn this end most have public streets on at (cast
two sides and be connected with adjacent residcn-
tiul deselopment by pedescriiun ways and streets
(LU6.15.13 and LU6.15.14j.
Implementation: The Geuhrd flan requires that'
an integrated Conceptual D6.1opmeor Ilan hc
prepared for the Conexant apd Kull properties.
On The basis of the approved Conceptual Devd-
opnu:nT Plat, each propenyiowner, electing to
pursue residential infill development, is required
to prepare a Regulating Plan; "which shall contain
a troinuun of 10 aeres, to coordinate the I.ea-
rion of ucw parks, suttees, add pedextriam ways, set
forth a.arraew w aceomnno6m migh6arhond-
scrving cnnr mcrci :d uses and'other comities.
cxablish pcdesrrian'and vehicular connections
a 2 nMMEN 0 En IN r E RAT C r N c E I'IVA. 0 L L to n nl rNt PLAN: IRN VA aY I 0 0 a
with adjoining land uses. and is,we compaiihility
.v¢h ol3ce, industrial• and od,ee nunresidmcial
use "(IL6.15.10and W6.15.11). hiaddition,
a devdopmvnt ugrermot betw'ccu the properly
c w'ncr and 'he (. :iry I:, equi ed fLr all pngetts that
us, :lude rtsidenu l units. to "dcfure II t, unpmve-
ments and pnbhc bcnthvs to be ptovlded by die
i s loper in ca l au f Cu r))r (u5 t o nunif
rruwu Car the nwubet d1ulily, and louulnu of the
horsing tout, (Elie. 15.12).
Recommended Integrated
Conceptual Development Plan
As pte+E xln'la .vtua(, the City has :caked RO-MA to
prepare w, [ntre'atcd Cone. ptual It cad ( r plan
liv Elie Cewc�anr and'Kof props. .. us le ne I-
stnue the compatible and cohesive inofgnulon of new
housing. pnrki.g suatenum open spaces, reers- avional
:uncnuaa pedestrian and vehicular bnka3s anti other
inprovemomo' with elckring non - residential strut
tures and use". 'flit, rccurnncndcd plan is based on
ROMN., review of the individual plans Pell red. by
the two properry owners and input from Well owners.
91Eis review fonrd Ehat the proposed C: nexani plan
was subseantinify compliant -with the policies of the
Geucml Plan, and wish minor adjustments way inenr-
pnnted into the' Integrated Cnnecpnnd 17r.sdopmenr
Han, The &df Plan that sus inirially submitted did
not ,reply with the Gmeral Plan policies. Additional
infbrmxti u, was then provided by be properry owner
aid n the basis of that input a plan for the Kull print
erry was prepared by ROMA. in compliance,,irh the
(',en9CL1 Plan policies, The plan was reviewed by Koll
anti the City and then inmgrarcd Mdi nhe Con.Arr
plan to be Ona' dre ¢eommmoded Integrated Coreq-
nlal Developmm, Plan provided herein.
The Integrated Conceptual Dceclopmenr Plan (here -
:Ifmr referred to as the p6n), pawi,6 for dre rccdcvdnp-
mcnt of'rhe 25 -acre Conexant site and for the rcdevel-
opntent ofa 15 -acre portion of the Kell Center.. ffce
park betwxn Birch Street and Yen Karmen Avenue
with u,11 r. i i:nnrd desdopmcnt and u p n spear
carefully inv-pamd with rsk irg otlice hulldlniss a and
parking structures which will remain (biguse 1 111tan11-
tive Plan). The ['lull is armed at fulfilling the policies of
the General Plan, ensuring mhcsive and livable neigh-
borhoods oriented to parks and pedestrian wsi.. and
a finer- grained network of pedestrian- fliendly stlon,
The Plan would result in a rnnl of sip to 974 new ice
t6anrial units, 714 of which are planat'i end could bt
developed on the Conexant site and ncc remaining 260
on the Kall property. All 260 of the new cesrdenaal
unit' ou the K'oll site would be 'additive" unics since
no esisury ,Afic, ur ndustnal uses would be rcunrecd.
On the Cunezant SILE, up to 424 units would replace
existing industrial and office uses to be demolished, and
the remaining 290 units uvnld be addi tivc. Together,
the two properties would ..s nIf of the 550 additive
units prescribed for the Conceptual Dc.elopment Plan
area by the G.Eval Plan.
Conexonr
`Ihe plan for the Conexant site repmsurtis a complete
rcdcvelopmcnt of the property from an industrial/
office complex to a residential village. The plan calls
for the 25 -acre site so be configured with a patters of
.st,ets and blocky that pruvide a pedescrian-fiiemily
environment. with strong eonneerivity to adiaemt
Eno, menial areas. (Figure 2: Conexant Site Illnstr t"e
plan). Several principles guide the organization of the
Conexant mixed -use village, building on the politics of
rills Gmeral plan:
I°_ctablish a grid of pl:dcstrian -scdcd .,rarer, that
break up dre large superblocks of the area and
AINPOPT Y.n)INESS I,Ii EA: KO :L n'NO CONe'x ART PAOPEATIES
Y
CONEXANT SITE ILLUSTRATIVE DEVELOPMENT PROGRAM
PARCEL AREA RESIDENTIAL ?. COMMERCIAL
__ ..........
Ri
. ... `-- ... -.... .... ....
0.72
_... ..
40
.. ... _......... ..
1.38 ....
75 ..
- .. .. ...._.
..R2 .. .. .............
R3
.._ ._..... ...
1.33
90
C 6,000
R4
1.64
90
- 6,000
RS
1.60
60
R6
1.71
90
` 6,000
R7
1.36
-_.. .1_.....
57
-
R8
.....__ .... ........._ -
1.32
90
..... - .__..... ....
6,000
.,. .... ..
.. -R9 .... .. ._. __... _. .....,
_... .....___......._._.__..- ..........
1.5 8
........._ —. _ . _.......
. ..... 90 ....
.......... _.. _ 6, 0 0 0 . . ..
-_._ .......... .....
RIO
......
0.28
6
R11
; 0.37
9
R12.
...._....._�... .0.46...... ....
... .... ... _8 _.._...._...
.. _... -_.. ._ ....... _._
. ._ ..........................._.
R13
0.35
6
R14
0.18
3 _
Total
14.28
714 _
30,000
P1 0.47
P3
0.44
NOTES:
1 Program maybe reallocated between parcels, provided Drat the total number of additive unkS does nor exceed
290 and the number of replacement units and the commercial square fooeag2 complies with General Plan Policy
LV 6.15.5.
2 On -Site parking to supped residential and commercial uses most comply with Newport beach Zoning Code
provide ..accrwity with rile existing street system
avid adi.iohav, cam meccial pn,perdes.
Cn.,erc a neigh burhood Palk at nc, principal focal
pointof dhe village, wirh additional pock,[ Parks
,flat provide cnoununity identity and amenity.
Buildings should be ,I..teIII to provide strong
spatial definkinn along.strcom and sreppcd down
In promote a pcdes,rlan- staled cha.,,er.
ground Iwel uses. An additional 0.9 aces is provided
in two smaller pocket packs within the vlltage.
Although the sim of the central neighborhood park
does not fully tort[ the requirements of tic General
Plan, the overall open space program in all other
aspects complies with the General Plan policies and
coutributes to a mhesivc residential village as C- on,nr-
plated by die General Plan. As such, it is ROIvWs
opinion chat the spirit and intent of [he General Plan
policies are being mel.
Create ground level uses dear pruum, uccn¢ and Koff
cagaging aveca fmlrs- Pnrkingshould hr aher be
encapsulated or below grade.
6.,nd4 h I di .... i,', of housing nypcs, mahtding
row houses, podium mid -rise and high -rise
apotrmcnm
The Ply' &sr the C,,nexmtr sire prn,itles a net develop-
able residential land area of 14:48 acres, which svntdd
illow'fura invinwm program o1'714 dwelling units
(14 Se5U duly),-4whchla0wooldbcaddi-
mvc unit and vi ns 424 wt ull he apla r nL un -,s
(Fig' 11.,oea,ls Scc lrumsvod, flu) Iles
den, cy Is consmtuu with L. cn cal Has policim '[lie
preuu numdwr of mpla=mcm writ; ill be litvalfted in
the. regulumry plan for devclopmmor of the Cimexanf
propeay, based on Lndfiu arulysis Lo comply widh
Ctner;l Pl:uh Put ley LLI 6.15.5. In .ddid.n to it, usi
demiel program, the Cunesam Village ed6 for ground
level retail and conurnrcial uses to be IueunJ along A
Sn'ao, Ind adjACnu tb the central nei6libothood park.
''he C :mine[ proposal prmides A total C2.y aeua
of pants and opcc. space. cxcceting the Ceuta[ Plan
requirement of2.0 acres or 8 percent of ncc land four
of the, residential village (i.e., &'h: a25 acre, � 2.0
acres). A 1.4 ace: oeighbnrhnod puk is looted ar the
cenmr oF,hL cnnimunicy; it i.a hi};hfy is"Mic in nI nue.
xturo,raded oa all sick s by public smro, and by active
I or the Koll properties the Plan is basal no the
premise. se, torch in he Ccncvd Plan, 11a,-subject
to the Citys disemtion, non- rcsidrnti :l uses can he
included in'it mixed -pee village to meet ,h minimum
10 -fete requirement. 'file Plan demonstrates h., non -
le,iidenred uses can be integrated with residential user
.long Lvirh open space, parking and other amenities
to cream a livable and "u.,dvo neighborhuod (Figure
4: Kull Site Illnsaa[ive Plan). In seeking to meet rile
intention of the General Pian polities for a mixed -use
village on the Koff Pmtpn'[y. the Plan has established
:md (olk w.ed the 141ll.!,i; pemaploa
7p'atialiy organire new cesidena'at uses with
existing office development in a ,sv th;, creates
un eagugging neigh anrhuod fabric of useable and
defined open space, and pedestrian - friendl) sttcen
and promenades.
Balance the amount of sutler parking wirh
publicly accessible open spaces and streets, ml that
An appropriate residential environment is cmired,
and rile feeling of lining in a paddng for is avoided.
PrOVidc replacement offitt parking for d4piaeed
surlee parking in new srructuras that are aroepsu-
tared or huh tanfidly below grade.
Create a ocrwork of pedestrian- friendly streets and
w :ilka -ays their canner[ to existing and fume activi-
ties within the area, and chat give structure and
organiutino tp he village.
Curate ground level user flat ptmn0te active and
engaging street fronts.
Create It neighborhood park as The principal focal
pain,.1 the village and es,end thb lush landscape
treatment of ncc lake park along Von K.,..
into the new village TO prm'ide continuity and
roono,,MN.
the mixed -use village shown en the lore-tared Plan
for the Kull Company pmperty!excecds file 10 -acre
rnlnnoton rcqulmmcrr and cambe ctms ck,mc! to
encompass rpprnximaMly 1.5 grass acres of laud north
of Von Karmao Avenue and south of Bi¢h Street- The
village area would include a,veuil existing office build-
ings and would provide for the conversion of p,uk u-
lots into residential development parcels along with the
creation of new open sl ice a tenitim and die wnnec-
,ion of these co existing open spaces.'Ihe Plan calls for
the n oonfigurarmn of the sire rn ".are wmplementa ry
spatial relationships bmvevo the residential parcels
and the (,xisring oIH<z huildinh . Ir also halls for ncc
KOLL SITE ILLUSTRATIVE DEVELOPMENT PROGRAM
REPLACEMENT
PARCEL AREA I RESIDENTIAL' COMMERCIAL' PARKING
R1
100
60
218
R2
130
80
12,000 150
R3
150 1 1
90
440
R4
0 80
ll
RS 1
0.60
23
Total Residential Land Area
5.20
260
12,000 - 808
I
__._....... .._
....._
- ._. .,....__.........
...._Pl.,.... -..- .- ...... ............._._100...._....
➢2
D.21
._.. .-
... -.._ .... ...__
._- ._.__... ..... _. _ ......... ...... r.....
P3. .. I
D.03
. ...
P4 I
0.04
I
I
NOTES:
I Program may be reallocated between Parcels, Provided that MeWool num601 or resieenb'al omits and commeWial sIUare
e.rage does not exceed the totals shown abode, or a lesser number to rompe, with General Plan PoIiW LU 6.15.5.
2 RePlacamenl Parking may be reallocated between PJaI Provided that the total number at displaced ,Pares era redlnred.
01 -site gerkMq to suPPPrt eesleenrs.) Ind oil N. 1)a! user me'st comply wHl, ,Newport Beech ZPnatg Code.
RECOMMENOLO INTEGo ATEO COWCEPTUAL 09111LOPMLNT PLAN: IANViARY 2009
modification of surface parking areas to ercan, a better
finlanee of builds ng' and opt.Ifeses link ea sing and
future open space amenities and to create a network of
pc rtrian 6iairlll streets,
'file Plan also.proviiles for the en n ion !af a central
neighborhood park of approximately, one acre_ and for
an additional 0.3 as es of open space areas on land chat
was previously used for surdicz parking. Although the
neighbor hood park falls short of the single open space.
requirement of 1.2 acre., (i.e., 8 percent of 15 tic..),
the plan achieves the rural . amount of openspace
required: by the General Plan and proposes it series of
into elmlected. promenades and plays in addition to
du cenq..I neigh h thoc),f park, char would enhance cite
L bil ty mill vmcmri• pf rile nr ghborhood As soclb, ..
its ROMA's opuuon rflat the spirit and intent lit th;:
General Phoo politics arc Leine met.
the hoplensen tuion of' die Kell plan will utilize laird .
that is currently used for surface parking, which is
still requited to setrrtile office nscs that will remain.
Therefore, the Plan require, drat approximately 800 of
the existing 1118 sot facer parking sl rocs be replaced.
either in oiapsulated to in below grade pnekingfseili-
ties inaonjunction with the parking inquired fla the
now reidential development:
"If,, Ilan pmmidt: for 5-2 ueuerKA of acv; rt+ul vnal
1 nd e. i .such A101.1 fbr the dcvelnpmc,u of fib
to 360 robs based, on the miuiinunt and niasinumt
all' :dile tie ... ide, in the General Plan. Fi, parcels
,( .... p6s. die 5:2 arres of.'nistn till land told preside
inn a diversity of unit types as called list in nc, Gencr,il
Plon (Figure S' K.11 Site Fromevzork Plan). "In, flan
desigtmws three of the parcels (RI, R2 and R3) totaling
3.8 acres few H to 5 -story podiurn.styled development.
Much could iocludc ground level - uvohoum units and
some retail use. These parcels would provide 230 units
of new r.idemial development organized around nce
neighborhood park. Parcels R4 and R5, totaling 1..4
acres alont, "U" and G" Stree@ are desi�nared fat 2
to 3 -story mwnhousei. Thesepamels would provide
For 30 units along the tasted. and southern residential
edge to dm village. Figures 6 and ? provide an illusua-
rive plan of the ground floor and a typical upper level
floor of the Koff site development.
Implementation
'file approval of au [ntegrted Cancel Development
plan by tlic City Council is pro-rcquisite for the pmp-
arntion or the snudemCnt docunimel, called flu in the
Genet.[Plan. "These docummnts lndrdcaRcgularory
Plan and a Development Agreement Once Couodl
liar n,vicwcd and approved the Integrated Concepryul
Development [Tail, each property owner will be tnspou-
All, to independently prepue and submit rn. the Cityq
the proposed Regulatory Plan for their property. 'Ihc
Regulatory Plans, along with any required environ-
menell dcaranee doeurroms, will dGen be the subject, of
it public rcAUry process as established by the Ciry, and
the basis for action by the City Council.
lire Regulatory plan'wilh in subsrantal compliance
with dm hirzgrired Concyxu:d Dcv$opmmor plan.
describe more fully due proposed design ifbuild -.
ingo, . parking, streets, pedesuixn vvnys. parks and open
spaces, slid how infrastructure requited to support
tine propovzd development will be provided, 9hc
Regulatory Plans will also be prepared in compliance
with the PC Development Plan requirements of the
'Newport Beach Zoning Code. The Regulatory Plan
will this pmvidcI description of the location, inrim-
Any and density of iillo,sb e and aondirion:d uses: the
AIRROR F WUSINESS AREA: HULL ANn'Ce NEXANT PROPERTIES
G
`T
height and messing of buildings; required setbacks and
... blwks the Incanon, mnfigursoon and trearmenr
of ground level uses', design standards and guidelines
for sucros, pedestrian ways and open spaces; including
m
requireents #iu lighting and landscaping; standards
std guidelines fur the location of driveways service .
and trash areas, a de >atption of how cununercial wcs
that enhance the residential uses will be incorpomtedt
and how required parking is to be provided and a cited
so that it does notdeuaer from he livability of the
neighborhood and the quality of the pedestrian envi-
ronment h will also describe he proposed phasing
oFdcvclopment and linkage of opIn space, street and
infrazrruccon, improvements in relation to develop -
ment. use•ofrheCtq_d.•nairybonusprovi-
sions fm affludicbe housing, or far the transfer of
davclopntenarights from other properties, will sko be
addressed in die RegnhumrPlan.
RagulauxyPltuts must be in substantial compliance
with the intent of ;lie Integrated Conceptual Develop-
mentPlan puticularly in aeins of the number of adds.
live residential t is (except for any density bonuses
for affordable units), and the cbnneedviry between the
Kull and C,mrsaor residential villages,
fn addition, a Development Agreement I, rillyd fi)t'
in the. Gaxral Plan, between rite property ewrwr and
the (cry lot all lirojcces,rhar utclude re.. dermal units.
m "delnc che improve icrus and public benefits to be
provided by the developer in csd range for she Cirri
cmniniunent cut die number, density, and location
of the lion inn units "(LU(.f5.12). ']he Develop-
ment Agreement will include Performance provisions
m ensure conformance with diecommirments,list
have her. made, It will also establish a time frame
for meeting the performance provisions, as well as the
phasing and linkage requirements of open space and
inf a,,curture intprovemems.
The City of Newporr Beach has: it, interest in timely
implements on of this Integrated Conceptual Devel-
npment Plan to tonsure implemenralm., oFies Mousing
filemau anti to provide unwed development oppor-
ttnirics ill property owners who have the interest and
capacity w implement the Guy's phms. If after:,
reasonable period of rinw as desermined by die City
Council, owners of property within che areaof this.
Integrated Conceptual. Development Plan do not
subtu, and proamtac Regulatory Places :wdDevelop,
,tell( Agreements. the City may'finidate and adoption
amendment m this Plan to realle.ty additive units.
FIGURE I: INTEGRATED CONCEPTUAL DEVELOPMENT PLAN: ILLUSTRATIVE PLAN
I5�
NECOMMENDED HTE[.t ATED CONEEPTUAL DEVELOPMENT PLAN: JANUARY 2x09
FIGURE 2: CONEXANT SITE ILLUSTRATIVE PLAN
I I 1 1 1 0%:: 1 I I i I A - , S I R f A. X0.1 1. N D CON 1: X ANT P N 11; Z R T 105
- - ------ ---
Total New Residential De,7, pihe,t AC
Total New Open SpapeAreq; iAC
....__I Setback Area
Z. -A
�77
R5
"0
28A 1.36 AC 1.60AC
FIGURE 3: CONEXANT SITE FRAMEWORK PLAN
V, [(:01, tiE NO iD I NTLG! A I ED CON C EP I U AL Ot✓CLOPML N7 P I. AM JAWjAflv 2009 7
R11
R14
0,35 AC
R12
146 AC R9
RD
R4
s,n kl ga_dm>
1.58 AC
1.71 AC
i
1.64 AC
. .....
. .....
JAMBOREE ROAD
------- -------- ---
. ... ...
. .......
FIGURE 3: CONEXANT SITE FRAMEWORK PLAN
V, [(:01, tiE NO iD I NTLG! A I ED CON C EP I U AL Ot✓CLOPML N7 P I. AM JAWjAflv 2009 7
(;C 0 i j (; 1, 6 f , rS S A3[4: 9 G .I !, 1. D CC N F Y. A N T VIA '.) P ER it E5
ED Residential DeWopr4nt Area: 5.2 AC
EM12 Open Space Area: 1.28 1 AC
E 7 Existing OperiSpace . ii . nd Setback Area
-----------------------
... ....... .
R3
7.5 AC Exisking ParWng is[ mctul�
----------
R5
0.6 AC
OC7V 14,11Z —P3—
Existing Surface Parking: ),218spaccs - 1 0,03 AC--
OF il"Ll,
Remaining Surface Parking: 410 spaces
Required Replacement Parking: 808spaccs F
FIGURES: KOLL SITE FRAMEWORK PLAN
Mw
R4
0.8 AC
----------
. ..... . . ........
6 5 T H C E T
9
. ... ......
-----------------------
... ....... .
R3
7.5 AC Exisking ParWng is[ mctul�
----------
R5
0.6 AC
OC7V 14,11Z —P3—
Existing Surface Parking: ),218spaccs - 1 0,03 AC--
OF il"Ll,
Remaining Surface Parking: 410 spaces
Required Replacement Parking: 808spaccs F
FIGURES: KOLL SITE FRAMEWORK PLAN
Mw
R4
0.8 AC
----------
. ..... . . ........
6 5 T H C E T
9
FIGURE 6: KOLL SITE ILLUSTRATIVE GROUND LEVEL PLAN
AI k'L II N1I'II11'. All... i," I .I. iI .:' IC I I I N 7' 16 1 E T 14S
ATTACHMENT C
NOVEMBER 20. 2008
PLANNING COMMISSION
STAFF REPORT
53
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
November 20, 2008
Agenda Item 2
SUBJECT: Airport Business Area Integrated Conceptual Development Plan
(PA2007 -170 & PA2008 -063)
APPLICANT: The Koll Company & Conexant
CONTACT: Rosalinh Ung, Associate Planner
runq .citv.newport- beach.ca.us
(949) 644 -3208
PROJECT SUMMARY
The proposed Airport Business Area Integrated Conceptual Development Plan is intended
to implement General Plan Land Use Policy LU 6.15.11 (Conceptual Development Plan
Area), which requires a single conceptual development plan for any residential
development in that portion of the Airport Area that is generally bounded by MacArthur
Boulevard, Jamboree Road and Birch Street.
RECOMMENDATION
Staff recommends that the Planning Commission take the following action:
1. Conduct a public hearing; and
2. Determine that the proposed Airport Business Area Integrated Conceptual
Development Plan is consistent with the General Plan and recommend approval
of the Plan to the City Council by adopting the attached draft resolution (Exhibit
No. 1).
INTRODUCTION
Project Setting
The proposed Airport Business Area Integrated Conceptual Development Plan (Plan),
included as Exhibit No. 2, applies to property situated within the Conceptual
Development Plan Area. The Airport Area generally encompasses properties abutting
the eastern edge of the John Wayne Airport (JWA), and is bounded by Campus Drive,
Jamboree Road and the Corona Del Mar Freeway. MacArthur Boulevard bisects the
-0
F
,per
•
9
I•,
Airport Business Area Integrated CDP
November 20, 2008
Page 3
Airport Area in a north /south direction. The Airport Area is also in close proximity to the
Irvine Business Complex (IBC) and the University of California, Irvine (UCI). This
proximity has influenced the area's development with uses that support JWA and UCI,
such as research and development, "high tech" industrial and visitor - serving uses.
In addition, there are a number of buildings occupied by corporate offices for industrial
and financial uses. The Koll Center Newport Planned Community, which covers the
area bounded by Campus Drive, MacArthur Boulevard, and Jamboree Road, was
adopted and developed in 1972 as a master planned campus to facilitate the
development of an office /light industrial park that also includes supportive retail and
visitor - serving uses. Other areas surrounding the proposed Plan are developed with a
diverse mix of low- intensity industrial, office, and airport- related uses, including a
number of auto - related commercial uses.
Proiect Description
To allow residential uses in the Airport Area, General Plan Policy LU 6.15.11 requires
the preparation of a conceptual development plan that would "demonstrate the
compatible and cohesive integration of new housing, parking structures, open spaces,
recreational amenities, pedestrian and vehicular linkages, and other improvements with
existing non - residential structures and uses." The proposed Airport Business Area
Integrated Conceptual Development Plan has been prepared to satisfy this requirement.
The proposed Plan has incorporated the General Plan policies that established the
fundamental criteria for the configuration and design of new residential villages in the
Conceptual Development Plan Area. The Plan is a pre- requisite for the preparation of
the entitlement documents, called for in the General Plan. These documents include a
Regulatory Plan and a Development Agreement. Once the City Council has reviewed
and approved the Conceptual Development Plan, each property owner will be
responsible to independently prepare and submit to the City the proposed Regulatory
Plan for their property. The Regulatory Plans will then be subject to an environmental
and public review process as required by the City.
Background
On November 7, 2006, the General Plan 2006 Update was approved by voters. The
General Plan includes policies that promote the introduction of residential and mixed -
use development within the Airport Area, provided that such development contributes to
the creation of viable neighborhood clusters with appropriate infrastructure, pedestrian -
oriented features and open spaces, and with a pattern of development that offers a
strong sense of community and livability. The General Plan's EIR addresses the
potential environmental impacts associated with the build -out of the City, inclusive of the
Airport Area_
3�
Airport Business Area Integrated CDP
November 20, 2008
Page 4
Specifically, the General Plan allows a maximum of 2,200 units of housing within the
Airport Area. All but 550 of these units must replace existing development so that there
is no net gain of vehicular trips. The 550 units, known as "additive" units, may be
constructed on existing surface parking lots located east of MacArthur Boulevard. This
area is referred to in the General Plan as the Conceptual Development Plan Area
(Exhibit No. 3) further identified in the Airport Area Residential Village Illustrative
Concept Diagram (Exhibit No. 4).
Within the Conceptual Development Plan Area, there are two large tracts of assembled
property, owned by The Koll Company (75 acres) and Conexant (25 acres). These
property owners each submitted their own conceptual development plans to develop
residential uses. These individual plans reflect an inability of the two owners to come to
an agreement on a single plan, particularly with regard to the allocation of the 550
"additive" units. Both parties claimed that their plans met the criteria of the General
Plan for the design of infill neighborhoods and each made a case for the allocation of all
of the additive units.
The City, in response, requested ROMA Design Group to evaluate the conceptual
development plans prepared by each of the property owners in relation to the policies
and standards of the General Plan, and to formulate a recommended Integrated
Conceptual Development Plan for the City's consideration. This process began with the
review of both proposed plans. ROMA prepared a draft preliminary conceptual
development plan based on the two property owners' proposals and the General Plan.
This draft was reviewed by the City and the property owners, then revised and
circulated to the property owners for additional review and comment. The Koll Company
chose to submit sketch concepts for consideration in addition to making comments.
Comments and submitted materials were taken into account and discussed with the City
prior to the preparation of a recommended development plan for consideration by the
Planning Commission and City Council.
DISCUSSION
Analysis
Integrated Conceptual Development Plan
The Airport Business Area Integrated Conceptual Development Plan (Plan) provides for
the redevelopment of the 25 -acre Conexant site, and for the redevelopment of a 15 -acre
portion of the 75 -acre Koll Center office park between Birch Street and Von Karman
Avenue with new residential development and open space, carefully integrated with the
existing office buildings and parking structures (Figure 1 - Illustrative Plan). The Plan is
aimed at fulfilling the policies of the General Plan, ensuring cohesive and livable
neighborhoods oriented to parks and pedestrian ways, and a finer- grained network of
pedestrian - friendly streets. The Plan would result in a total of up to 948 new residential
units, 698 on the Conexant site and the remaining 250 on the Koll property. All 250 of
'�g
Airport Business Area Integrated CDP
November 20, 2008
Page 5
the new residential units on the Koll site would be "additive" units since no existing office
or industrial uses would be removed. On the Conexant site, up to 424 units would
replace the existing industrial and office uses which are to be demolished, and the
remaining 274 units would be additive. The exact number of replacement units will be
determined when the regulatory plans are prepared, along with more precise traffic
analysis to ensure compliance with General Plan Policy LU 6.15.5. Together, the two
properties would use 524 of the 550 additive units allocated to the Conceptual
Development Plan Area by the General Plan.
It is important to note that the Conceptual Development Plan is a prerequisite of the
General Plan to demonstrate compliance with its policies and to establish an
"integrated ", balanced and complementary direction for both properties. The proposed
Plan establishes the direction for each of the property owners to separately prepare and
submit a Regulatory Plan for their holdings as a basis for environmental review, public
hearings and City action.
Regulatory Plans must be in substantial compliance with the Plan, particularly in terms
of the number and density of residential units (except for any density bonuses for
affordable units), the general location and configuration of residential development, the
total amount and general location of open space, the general location of parking
facilities, and the network of streets and pedestrian ways. Substantial deviations, or
additions to the number of residential units, will require an amendment to the Plan.
Lastly, the City has an interest in timely implementation of the Plan to ensure
implementation of its Housing Element and to provide unused development
opportunities to property owners who have the interest and capacity to implement the
City's plans. The Plan provides that if, after a reasonable period of time as determined
by the City Council, owners of property within the area of the Plan do not submit and
prosecute Regulatory Plans and Development Agreements, the City may initiate and
adopt an amendment to the Plan to reallocate additive units.
General Plan Consistency
The General Plan contains several policies that provide for the orderly evolution of the
Airport Area, from a single - purposed business park, to a mixed -use district with
cohesive residential villages integrated within the existing fabric of office, industrial,
retail, and airport- related businesses. Residential opportunities would be developed as
clusters of residential villages centering on neighborhood parks and interconnected by
pedestrian walkways. These would contain a mix of housing types and buildings that
integrate housing with ground level convenience retail uses and would be developed at
a sufficient scale to achieve a complete neighborhood.
The General Plan establishes several fundamental criteria for the configuration and
design of new residential villages in the Airport Area in general, and in the Conceptual
Development Plan Area in particular. An extensive discussion of each of the policies is
3�
Airport Business Area Integrated CDP
November 20, 2008
Page 6
contained in the text of the Conceptual Development Plan. Outlined below is a synopsis
of these policies along with a discussion on each of the development areas' General
Plan consistency.
• Neighborhood Size (LU6.15.6, LU6.15.10 and LU6 15.11): Each residential
village shall be at least 10 -acres in size at build -out, and be organized around a
neighborhood park and other similar amenities. The first phase of residential
development in each village shall be at least five gross acres, exclusive of
existing rights -of -way. Although the General Plan exempts the "Conceptual
Development Plan Area" from this minimum first phase requirement, it does
require that residential villages within this sub -area be able to be built out to a
minimum area of 10 acres. At the discretion of the City, the acreage can include
part of a property in a different land use category, if the City finds that a sufficient
portion of the contiguous property is contributing to the village fabric of open
space, parking, or other amenities.
Koll - The village that includes the proposed residential
development is approximately 15 gross acres in size, which
exceeds the 10 -acre minimum requirement. It is not a purely
residential village of 10 acres, but a mixed -use village that
incorporates existing office uses as well as proposed residential
uses. Staff believes that the size of this village meets the intent of
the General Plan policies to integrate residential and non-
residential uses in the Airport Area.
Conexant — The residential village (with supporting commercial
uses) is approximately 25 gross acres in size, which exceeds the
10 -acre minimum requirement.
• Neighborhood Densities (LU6.15.7, LU6.15.8 and LU6.15.9): In addition to
providing a minimum land area for residential development, the General Plan
also establishes minimum densities to ensure that a sufficient critical mass is
created within each 10 -acre village. As such, the overall minimum density for
each village at build -out is 30 dwelling units per net acre, exclusive of existing
and future rights -of -way, open spaces and pedestrian ways; a maximum net
density of 50 units per acre is also established. The General Plan also
establishes a minimum density of 45 units per acre for each five -acre first phase
increment of residential development; although the Conceptual Development
Plan Area is exempt from this specific numerical requirement, any first phase
increment of residential development should demonstrate an appropriate critical
mass.
Koll - The Plan provides for five net acres of new residential land,
which could allow the development of 150 to 250 units based on
the minimum and maximum allowable densities in the General
46
Airport Business Area Integrated CDP
November 20, 2008
Page 7
Plan. The 250 additive units included in the Plan for Koll are
consistent with the General Plan's density policies.
Conexant - The Plan provides a net developable residential land
area of 14.48 acres, which could allow for a maximum program of
724 dwelling units (14.48 ac x 50 dutac). The Plan provides for the
development of up to 698 units, is consistent with General Plan
policies. The precise number of replacement units will be finalized
in the Regulatory Plan for development of the Conexant property,
based on traffic analysis to comply with General Plan Policy LU
6.15.5.
• Diversity of Housing (LU6.15.7): Within the density envelope (30 to 50 duiac),
the General Plan promotes a diversity of building types, including row houses
and podium mid -rise and high -rise buildings to accommodate a range of
household types and incomes and to promote a variety of building masses and
scales.
Koll - The Plan proposes several building types, 4 to 5 -story podium
styled development and townhouse units.
Conexant - Housing types contemplated in the plan include ground -
level townhouse units, podium mid -rise and high -rise
apartment/condominiums.
• Neighborhood Parks (LU6.15.13 and LU6.15.14): The General Plan calls for
residential villages to be centered on neighborhood parks to provide structure
and a sense of community and identity. The General Plan requires that each
park be a minimum of one acre in size, or at least eight percent of the total land
area of the residential village, whichever is greater. In order to promote useable
and cohesive open space, the General Plan also requires that each
neighborhood park have a minimum dimension of no less than 150 feet.
Neighborhood parks are required to be public in nature (rather than internalized
open space), and to this end must have public streets on at least two sides and
be connected with adjacent residential development by pedestrian ways and
streets.
Koll - The Plan also provides for the creation of a central
neighborhood park of approximately one acre, and for an additional
0.3 acres of open space areas on land that was previously used for
surface parking. Although the neighborhood park falls short of the
single open space requirement of 1.2 acres (i.e., 8 percent of 15
acres), the plan achieves the total amount of open space required
by the General Plan, and proposes a series of interconnected
promenades and plazas in addition to the central neighborhood
l{,1
Airport Business Area Integrated CDP
November 20, 2008
Page 8
park, which would enhance the livability and amenity of the
neighborhood. As such, staff believes that the spirit and intent of
the General Plan policies are being met.
Conexant — The Plan provides a total of 2.3 acres of parks and
open space, exceeding the General Plan requirement of 2.0 acres
or 8 percent of the land area of the residential village (i.e., 8 percent
of 25 acres = 2.0 acres). A 1.4 -acre neighborhood park is located
at the center of the community; it is highly public in nature,
surrounded on all sides by public streets and by active ground -level
uses. An additional 0.9 acres is provided in two smaller pocket
parks within the village. Although the size of the central
neighborhood park does not fully meet the requirements of the
General Plan, the overall open space program in all other aspects
complies with the General Plan policies and contributes to a
cohesive residential village as contemplated by the General Plan.
Summary
Prior to any residential development within the Airport Area, the General Plan requires
the preparation of a Conceptual Development Plan to; "demonstrate the compatible and
cohesive integration of new housing, parking structures, open spaces, recreational
amenities, pedestrian and vehicular linkages, and other improvements with existing
non - residential structures and uses." Staff is of the opinion that the proposed Airport
Business Area Integrated Conceptual Development Plan will implement this required
integration. The Plan also establishes the framework for future Regulatory Plans, which
will describe more fully the proposed design of buildings, parking, streets, pedestrian
ways, parks and open spaces, and how infrastructure required to support the proposed
development will be provided.
Environmental Review
The consideration of an Integrated Conceptual Development Plan is exempt from
environmental review under Public Resources Code Section 21083.3. The proposed
Plan complies with and implements policies of the General Plan, which were evaluated
in the General Plan EIR (SCH No. 2006011119) certified on July 25, 2006. The City
has determined, on the basis of substantial evidence in the light of the whole record,
that the Plan does not propose any substantial changes to the Airport Area that were
contemplated in the General Plan; no substantial changes would occur which would
require revisions to the General Plan EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects; and no new information of substantial importance has been revealed
since the certification of the General Plan EIR. Separate EIR(s) will be prepared on the
more detailed Regulatory Plans for development in the Integrated Conceptual
Aa'
Airport Business Area Integrated CDP
November 20, 2008
Page 9
Development Plan area, when additional detail is available to allow for full
environmental review.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Prepared by:
EXHIBITS
Submitted by:
..• Man..(-
F:\USERS \PLN\Shared \PA's \PAs - 2008\PA2008- 063 \1110staffreport
ATTACHMENT D
PLANNING COMMISSION
MINUTES DATED
NOVEMBER 20, 2008
Ili
CITY OF NEWPORT BEACH
Planning Commission Minutes
November 20 2008
Regular Meeting - 6:30 p.m.
ROLL CALL
mmissioners Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and
Hill en— All Commissioners were present.
STAFF P SENT:
Sharon Wood, sistant City Manager
David Lepo, Plan i g Director
Patrick Alford, Plann Manager
Aaron Harp, Assistant ' Attorney
Tony Brine, Traffic Engine
Rosalinh Ung, Associate Pla er
Russell Bunim, Assistant Plann
Jim Markman, Special Counsel
Ginger Varin, Administrative Assista
PUBLIC COMMENTS:
PUBLIC
COMMENTS
Dolores Otting, local resident, noted that the nning Commission meetings
should be televised as it would be a public bene and staff would only have to
do action minutes.
POSTING OF THE AGENDA:
POSTING OF
THE AGENDA
The Planning Commission Agenda was posted on November 2008.
HEARING ITEMS
SUBJECT: MINUTES of the regular meeting of November 6, 2008.
ITEM NO. 1
Motion was made by Commissioner Hawkins and seconded by
pproved
Commissioner Toerge to approve the minutes as corrected.
Ayes:
Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge and Hillgren
Noes:
None
Absent:
None
SUBJECT: Airport Business Area Integrated Conceptual Development Plan
ITEM NO. 2
(PA2007 -170 & PA2008 -063)
PA2007 -170 &
PA2008 -063
The proposed Airport Business Area Integrated Conceptual Development
Plan is intended to implement General Plan Land Use Policy LU 6.15.11
Recommended
(Conceptual Development Plan Area), which requires a single conceptual
for ap roval
A5
NEWPORT BEACH PLANNING COMMISSION MINUTES 11/20/2008
development plan for any residential development in that portion of the Airport
Area that is generally bounded by MacArthur Boulevard, Jamboree Road and
Birch Street.
Ms. Wood gave a history of the plan that was predicated on the Land Use
Element discussions on the airport area where it was decided to add the
possibility for 550 additive units to be developed on the Koll property. The
other residential units being considered were replacement units that could be
used if some other non - residential development was removed with additive
units on top of the other entitlement. Conexant, the neighboring property,
expressed an interest to access the additive units. Due to the time
constraints on General Plan adoption, an analysis of allocation between the
two properties could not be done. Instead, another policy was added in the
General Plan that required preparation of a Conceptual Development Plan
before there could be residential development on either the Koll or Conexant
properties. This plan is supposed to make sure that the development on the
two properties would work well together as one village, there would be
pedestrian connectivity, and the densities designated in the General Plan
would be satisfied. She then continued with information on the proposed
Plan. The Plan is conceptual and diagrams are illustrative and this plan is not
a regulatory plan as a Planned Community Text would be; however, this
document is a pre- requisite and we need to have the City's action on the
Conceptual Development Plan before the property owners can individually
take the next step, which is to prepare and submit their regulatory plans.
Those will receive full environmental review by the City anticipated to be
EIR's.
Boris Dramov of Roma Design Group, consultant for the City, made a
PowerPoint presentation noting:
• ROMA reviewed proposals from each property owners;
• ROMA developed a plan that met the General Plan policies and those
characteristics for a desirable community in this area;
• Major concern was how to insert residential development within
office /industrial uses while maintaining a sense of neighborhood;
• Considered compatibility between the two sites as well as the existing
development in adjacent areas;
• Plan meets desired open space within each of the villages;
• Density requirements are met;
• Conexant site is 25 Acres and the Koll Village site is 15 Acres;
• 948 units total with 698 to be developed on the Conexant site and 250
on the Koll site;
• Conexant site could occur with a pattern of smaller blocks, central park,
Variety of unit types, retail uses, different parcel sizes, and open space,
it includes both replacement and additive units;
• Koll site could occur with central open space, street connections and
walkway connections that offer good integration with office, pa rking
requirements for displaced parking integrated into the development, 5
acres of residential development and 1.2 acres of open space; range of
densities are similar with Conexant site and are additive units.
Page 2 of 15
A (P
NEWPORT BEACH PLANNING COMMISSION MINUTES 11/20/2008
• Each of these conceptual plans meets the standards and requirements
of the General Plan.
Ms. Wood noted that the Commission is looking at illustrative plans only.
There is no requirement that it be developed exactly like this. As they work
on the regulatory plan each of the property owners may well show us
something a little bit different than this and as long as they stay within the
number of units and provide the park space, they will be in substantial
compliance with this Plan.
The Commission noted the following concerns:
• Circulation.
• Placement and clearance between office and residential units;
• Market may decide if high -rise;
• Design of grid street system ( Conexant);
• Mixed use on different parcels;
• Amount of retail;
• Flexibility.
Ms. Wood, referencing the Integrated Conceptual Development Plan,
provided the following responses:
• With regard to mixed use and the amount of retail space, that will be
determined as part of the Regulatory Plans to ensure neutrality of trip
generation;
• Flexibility is provided with the substantial compliance language in
Integrated Conceptual Development Plan, limited to number and density
of residential units, general location and configuration of residential
development, the total amount and general location of open space, the
general location of parking facilities, and the network of streets and
pedestrian ways.
• Substantial deviations or additions to the number of residential units will
require an amendment to the Integrated Conceptual Development Plan.
• Street grid system language could be altered as long as the connectivity
between Koll and Conexant is maintained as better than what is there
today.
Mr. Dramov noted:
• Goals in the General Plan for visitors and the public to feel welcome by
multiple routes and to create a finer grade of development that feels like
a neighborhood and not like an isolated enclosed area that can not be
approached. Specific policies are achieved by creating multiple access
points creating small, friendly neighborhood streets.
Commissioner Eaton noted the language in the revised resolution and how it
relates to flexibility.
Discussion continued on the modification of densities, design issues,
pedestrian linkages, etc.
Commissioner Hawkins noted that General Plan Policy LU 6.15.11 says the
clan should demonstrate the compatible and cohesive intearation of new
Page 3 of 15
Vi
NEWPORT BEACH PLANNING COMMISSION MINUTES 11/20/2008
housing, parking structures, open spaces, recreational amenities, pedestrian
and vehicular linkages and other improvements with existing non - residential
structures and uses. He noted the concern about the numbers included in
the proposed Plan and the implication that these numbers could be
considered an entitlement.
Mr. Dramov answered that density calculation is a consideration based on the
minimum and maximums in the General Plan subject to the regulatory plan
which will look at all the factors and be brought to the Planning Commission
for review.
Commissioner Hawkins noted that perhaps the Conceptual Plan would be
better if it had no numbers in it.
Ms. Wood noted it is essential that the number of additive units be settled in
order for the process to continue. Discussion continued on trip conversion
practices, amount of retail, number of additive units and replacement unit
numbers.
Commissioner Hillgren noted his similar concerns with the interpretation that
this is a plan that would be followed. He asked about the process to a master
plan of some type.
Ms. Wood stated each property owner would work on their own to develop a
regulatory plan such as a Specific Plan or a Planned Community Text. Each
of those plans would come to both the Planning Commission and City Council
on an individual basis.
Commissioner McDaniel noted his concern of placement, street widths and
perhaps more space would work better with fewer units. When the regulatory
plans come forward there will be more specific detail to address the concerns
noted tonight.
Chairman Peotter asked if there were other property owners who would be
eligible for a portion of these additive units and are not represented here
tonight.
Ms. Wood answered there were no other property owners that could use any
of those 550 units. Other property owners within Koll Center had been
notified about this meeting.
Geoffrey LePlastrier, development manager for Conexant Systems,
introduced the architect.
Bill Fain, of Johnson Fain, Architects and Planners, representing Conexant
Systems, noted their conceptual plan takes into account block size, street and
spatial clarity, ingress /egress, bucolic setting, central park, main street, club
house /gym, community gardens, dog park, university extension, civic meeting
rooms, media center, gateway features, bikeway plan, pedestrian
connections. pocket parks. landscape plan, massing and phasing.
Page 4 of 15
0
NEWPORT BEACH PLANNING COMMISSION MINUTES 1112012008
The Commission noted their concern about the grid pattern, parking, similar
successful development, and restaurant use.
Tom Muller of Manatt/Phelps /Phillips representing Conexant noted their
support of the conceptual plan as presented by ROMA. Referencing their
letter of November 18'h, he noted 26 of the previously allocated units had
been removed from their original negotiations. He requested those units back
in the allocation for Conexant as their residential plan complies with both the
requirements and the intent of the General Plan. He asked for a
determination of these 26 units in order to proceed with development plans
that will be back to the Commission for approval as a first step in the process.
At Commission inquiry, he agreed that this Plan does not vest anything.
Conexant realizes that when the Commission votes on this item, we are not
locked in to a number of units. Conexant is looking for a recommendation to
Council of those 550 units; it means a decision has been made for both sides
to rely on to go forward. Conexant has a site that easily accommodates a lot
of density and development and can be easily planned for and laid out. The
Koll site has a lot of challenges and it would be hard to amass a large parcel
of land that implement the General Plan update vision.
Commissioner Hillgren asked staff what happens with those 26 units.
Ms..Wood answered that at this time they would not get allocated; however,
they would provide some flexibility. As the two property owners go forward
with detailed planning, maybe we would discover that one or the other would
be the appropriate location for them.
Commissioner Hawkins asked about what future allocation of units would
require a revision of the Conceptual Plan.
Ms. Wood answered if it was done after Council approves this Plan that
would require an amendment to the Conceptual Development Plan, given the
way the language has been drafted on substantial compliance. If the
Commission wishes to change that language, you could.
Commissioner Hawkins noted he does not have a problem with the division of
those 26 units during the regulatory plan process. His concern is the
replacement units, not the additive units.
Carol McDermott of Government Solutions, representing Koll Company noted
during the General Plan process, it was Koll Company noting that there were
lakes, open space, hotel, a private club and other elements on their site of a
mixed use community and introduced the concept of residential in the airport
area. They have hired a planning firm to do the analysis as they understand
the need for the level of detail to assure that units can be accommodated.
The original plan showed 275 units; however, the plan in a conceptual state
can accommodate 275 or 250 units. Unlike Conexant, they are not eligible
for replacement units. They request that this item be forwarded to the City
Council where thev will make a detailed Dresentation.
Page 5 of 15
4.
NEWPORT BEACH PLANNING COMMISSION MINUTES 11/20/2008
Public comment was opened and closed.
At Commission inquiry, Ms. Wood noted that the 26 units are to be allocated
as more detailed planning is done.
Commissioner Eaton noted:
• Comfortable with the revised resolution;
• We should not have to re -adopt the Conceptual Plan in order to allocate
the remaining 26 units and it should be done with the Regulatory Plans;
• Not comfortable with section of Conceptual Plan regarding consistency
of Regulatory Plans as some units are not allocated.
Commissioner Unsworth asked if the allocation could be done by the
Planning Department.
Ms. Wood answered, no. It would be better to require an amendment to the
Conceptual Development Plan to allocate those 26 units than to just let it
happen with the Regulatory Plan going forward. The two property owners
may proceed at a different pace on the Regulatory Plans, and both should be
involved if additional units are to be allocated.
Commissioner Hawkins noted that the Regulatory Plan and the Conceptual
Plan should have come together with an environmental document rather that
what we have here.
Motion was made by Commissioner Hawkins and seconded by
Commissioner Eaton to recommend approval to the City Council a
determination that the proposed Airport Business Area Integrated Conceptual
Development Plan is consistent with the General Plan with modification to the
substantial compliance section of the Conceptual Plan to read, "Regulatory
Plans must be in substantial compliance with the intent of the Integrated
Conceptual Development Plan, particularly in terms of the number of additive
residential units (except for any density bonuses for affordable units) and the
connectivity between the Koll and Conexant residential villages.
Ms. Wood announced that the applicants have informed her that they have
agreed to an allocation of 16 units to Conexant and 10 to Koll.
Commissioner Hawkins noted those numbers will need to be modified in the
Conceptual Plan as follows:
•Page 2, Conexant Site Illustrative Development Program Note to show
290 additive units
*Page 3, Koll Site Illustrative Development Program table to show 260
residential units
He then proposed the following revisions to the revised resolution:
• Strike the second paragraph of Number 4 and
• At the end of the oaraaraoh beainnina. "Now. Therefore. Be It
Page 6 of 15
56
NEWPORT BEACH PLANNING COMMISSION MINUTES 11/20/2008
Resolved,..... subject to the findings in this Resolution."
Mr. Harp noted that the second paragraph (requested to be stricken) was
inserted at the direction of the City Attorney.
Ms. Wood noted the reference to the exemption sentence should be left in,
but the rest of the paragraph can be removed.
Commissioner Hawkins agreed and amended his motion.
Commissioner Unsworth asked to add a finding that no vested right is created
in recommending this resolution for approval by the Council. This would be
added as Finding 5.
Commissioners Hawkins and Eaton agreed to this addition to the original
motion.
Ayes:
Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge and Hillgren
Noes:
I None
UBJECT: Group Homes (PA2008 -199)
ITEM NO. 3
PA2008 -199
A De opment Agreement between Sober Living By The Sea (SLBTS) and the
City of wport Beach that provides an entitlement for the operation of
Recommend
residential c facilities in the City while also containing limitations on the
Approval
number of beds at may be operated City -wide and within West Newport, the
Balboa Peninsula, a Lido Isle, including beds in facilities otherwise not subject
to City regulation un state law and containing operational standards
applicable to the operation.
Assistant City Manager Dave i ave an overview of the staff report. At
Commission inquiry, he noted that t se are all homes where someone is in
either treatment or sober living. He no d that the Settlement and Release
Agreement is not subject to Commission re ' w..
Commissioner McDaniel asked if this would set pr dence.
Jim Markham, Special Counsel for the City, answered i agreement does
not set a precedence. The City has an ordinance that is un litigation; and,
the operator (Sober Living by the Sea) is operating a high de of facilities
within the City.
Commissioner Hawkins asked about the Settlement Agreement and o
signs it on behalf of the many claimants.
Mr. Markham answered that the attorney Richard Terzian will sign on behalf
of all the claimants with full authority as noted by a warranty.
Commissioner Eaton asked about the bed count and the possibility of these
Page 7 of 15
\\�
�k
ATTACHMENT E
AIRPORT BUSINESS
AREA INTEGRATED
CONCEPTUAL
DEVELOPMENT PLAN
DATED JANUARY 2009
0
AIRPORT BUSINESS AREA
RECOMMENDED INTEGRATED CONCEPTUAL DEVELOPMENT PLAN
FOR KOLL AND CONEXANT PROPERTIES
Prepared for the City of Newport Beach by SOMA Design Group
JANUARY 2009
t 1
QN
AIRPORT BUSINESS AREA
RECOMMENDED INTEGRATED
CONCEPTUAL DEVELOPMENT PLAN
FOR KOLL AND CONEXANT
PROPERTIES
Introduction
In 2006 and 2007, ROMA Design Group Assisted the
City of Newport Beach in establishing land use and
urban design policies and a Conceptual Pramewhrk
Pian for !.fill development within the Ai,pcac Busi-
ness Area, immediately east of John'IXayne Airport,
bounded by Jamboree Road, Campos Drive and
Bristol Sneer. The policies. which have been incorpo-
rared within the adopted General Plan, promote the
introduction of residential aid mixed -use development
within this industrial Rod commercial district, provided
that such development Contributes to the creation of
viable neighborhood clusters with appropriate infra-
structure, pedestrian- oricnred features and open spaces.
and with a pattern of development that offers a strong
some of community and livability.
-Ihe General Plan policies allow for A maximmm of
2,200 wits of housing within the Airport Business
Arta. All but 550 of these units name replace existing
development so that there is no net gain of vehicular
trips; the 550 "additive" units may be constructed on
existing surface parking lots located east of MacArthur
Boulevard. This area, referred to in the General Plan
As The Conceptual Development Plan At has strong
potential for the introduction of new residential devel-
opnent, as it includes two large tracts of assembled
property, including the 75 -acre Koli property, and
the 25 -acm Conexanr site. The General Plan requires
the property owners in This area to collaborate in the
preparation of a single Conceptual Development Plan
To "demonstrate the compatible and cohesive inu gra-
Lion of new housing, padding structures, open spaces,
recreational amenities, pedestrian and vehicular link-
ages, and other improvements with existing non -tesi-
dential structures and uses."
Each of The principal property owners has prepared
a Concerned Development Plan for their properties
for City review, but These plans did nor resolve cite
Allocation of the 550 "additive' units. The City has
requested that ROMA Design Group evaluam the
Conceptual Development Plans prepared by each of
the property owners, in relation m The polities and
standards of the General Plan, and to formulate a
recommended Integrated Conceptual Development
Plan for the City's cnnvideration.
General Plan Policies
The General Plan provides policies for The orderly
evolution of the Airport Business Area, from a single -
purposed business park, To a mixed -use district with
cohesive residential villages integrated within the
existing fabric ofoffice, industrial, retail, and Airport-
related businesses. The goal of the Plan is to create
livahle ncighborhnode with a strong sense of place and
community — "residenrial villages centering on neigh.
boyhood parks and interconnected by pedestrian walk -
ways (with) a mix of housing types and buddingv...ac
a sufficient scale to achieve a complete neighborhood."
in formulating the General Plan policies, There was
concern Tbar residential development nor occur on a
"piecemeal" basis, and That them be sufficient critical
mass to enable each new increment of housing to stand
alone as a viable and livable neighborhood. This was
FLIT to be particularly impooner in the Airport Business
.A... where them has been no residential development,
and where the predominant land we pattern has been
commercial and industrial.
The General Plan establishes several fundamental
criteria for the conliguation and design of new miden-
tialvillages in the Airport Business Area in general, and
in the Conceptual Development plan Area in particular:
Neighborhood Size: Each residential village shall
be at least I"cres in size at build -our, and be
organized around a neighborhood park and other
similar amenities. The first phase of residential
development in each village shall be at least five
gross acres, exclusive of exisTing rights -of -way.
Although the General Plan exempts the "Coomp-
tual Development Plan Area" from This minimum
first phase requirement, it does require that voiden-
tial villages within this sub -area be able to be built
out to a minimum area of 10 acres (LU6.15.6,
LU6.15. 10 and LUG 15.11). At the discmvion of
the City, The acreage can include part of a property
in a different laird use Category, if the City finds
that a sufficient portion of The Contiguous property
is contributing to the tillage fabric of open space,
parking, or other amenidea.
Neighborhood Densities: In addition to
providing a minimum land area fur residential
development, the General Plan also esrablisha
minimum densities m ensure that a sufficient
critical mass of at least 300 units is created within
each 10 -acre village, As such, she overall minimum
density for each village at build -out is 30 dwelling
units per net acre, exclusive of existing and future
rights -of -way, open spaces and pedestrian ways;
a maximum net density of 50 units /acre is also
established. Tire General Plan also establishes a
minimum density of 45 units per acre for each
fives -acre first phase inemment of residenrial
development (225 dwelling units); although the
Conceptual Development Plan Area is exempt
From this specific numerical requirement, any
first phase hmren .at of residential development
,hoard demonstrate an appropriate critiml mass
(LU6.15.7, Li %.15.8 and LIJ6.15.9).
Diversity of Housing: Within the density enve-
lope (30 to 50 do/ac), the General Plan promotes
a diversity of building types, including row houses,
and podium mid -rise and high rise buildings to
accommodate a range of household types and
incomes and m promote a variety of building
masses and seales. (LU6.15.7).
Neighborhood Parks: The General Plan calls for
residential villages to be centered nn neighborhood
parks to provide structure and a sense of commu-
nity anal identity. Tire General Plan requires that
each park be a minimum of one -acre in sire, Or
at least eight percent of the Total land area of the
residential village, whichever is gmuer. In order
to promote useable and cohesive open space, The
General Plan also requires that each neighborhood
park have a minimum dimension, no less than 150
feet Neighbothood parks are required to be public
in nature (rather than internalized open space),
and to This end must have public streets on at least
Two sides and be connected with adjacent residen-
tial development by pedestrian nays and streets
(LU6.15.13 and 1.1.16.15- 14).
Implementation: The General Plan requires that
an integrated Conceptual Development Plan be
prepared for the Conexant and Koll properties.
On The basis of the approved Conceptual Devel.
opment Plan, each property owner, electing to
pursue residenrial infill development, is required
to prepare a Regulating Plan "which shall Contain
a minimsmt of 10 acres, rn enordmate the loca-
tion of nuw parks, s ... c,,, and pedestrian ways, ser
forth a strategy to accommodate neighborhood -
serving commercial uses and other ame.kim
establish pedestrian and vehicular connections
RECOMMENDED INTEGRATED CONCEPTUAL DEVELOPMENT PLAN: rANUgal 2009
with adjoining land uses, and assure compatibility
with office, mclundesi, and other nonresicicrtial
cues. "(LU6.15.10 and 106.15.11). In addition,'
a development agreement between the property
owner and the City is required for all projects that,
include residential i nlrs, to "define the improve -
nteus and public benefits in be provided by the
developer in exchange for the Citys commit-
ment for the number, density, and location of the
housing units" (LU6.15.12).
Recommended Integrated
Conceptual Development Plan
As previoudy stated, the City has asked ROMA to
prepare an Integrated Conceptual Developmenr Plan
for the Conexana and Koll properties to "dernot-
stone the compatible and cohesive integration of new
housing, parking strucrures, open spaces, recreational
amenities, pedestrian and vehicular linkages and other
improvements with existing non- residenrial SMIC-
tures and uses ". The recommended plan is based on
ROMRs review of the individual plans prepared by
the two property owners and input from both owners.
'iris review found that the proposed Conexant plan
was substantially compliant with the policies of the
General Plan, and with minor adjustments was inroo-
porated into the Integrated Conceptual Development
Plan. The Kell Plan that was initially submitted did
not comply with the General Plan policies. Additional
information was then provided by the property owner
and on the basis of that input a plan for the Koll prop-
erty was prepared by ROMA in compliance with the
General Plan policies. The plan was reviewed by Kol1
and the City and then integrated with the Conexam
plan to become the recommended Integrated Comcep-
real Development Plan provided herein.
The integrated Conceptual Development Plan (here -
a8et referred to as the Plan), provides for the redevelop
meet of the 25 -acre Conexantafm. and for the redevel-
opment of a 15 -acre portion of the Koll Center office
park between Birch Street and Von Korman Avenue
with new residential development and open space,
carefully integrated with existing office buildings and
packing structures which will remain (Figure 1: 11hocra-
tive Plan). The Plan is aimed at fulfilling the policies of
the General Plan, ensuring cohesive and livable neigh-
borhoods oriented to parks and pedestrian ways, and
a finer- grained network of pedestrian- friendly streets.
The Plan would result in a meal of tip to 974 new msi-
dential units, 714 of which are planned and could be
developed on the C ruxant site and the remaining 260
on the Koll property. All 260 of the new residential
units on the Koll site would be "additive' units since
no existing office or industrial uses would be removed.
On the Co laccut site, up to 424 units would replace
existiug industrial and office uses to be demolished, and
die remaining 290 emits would be additive. Together,
the two properties would use all of the 550 additive
units prescribed for the Conceptual Development Plan
area by the General Plan.
Conexant
The plan for the Conexant site represents a complete
redevelopment of the property from an industrial/
office complex to a residential village. The Plan calls
for the 25 -acre site to be configured with a pattern of
sueers and blocks that provide a pedestrian - friendly
environment, with strong connectivity to adjacent
commercial areas. (Figure 2: Conexa t Site Illustrative
Plan). Several principles guide the organization oldie
Connsant mixed -use village, budding on the policies of
the General Plan:
Establish a grid of pedestrian- xtaled streets that
break up the large superhlocks of the area and
AIRPORT BUSIN'SS APEA: %Olt AND CONE %ANT PROPERTIES
V�
J
CONEXANT SITE ILLUSTRATIVE DEVELOPMENT PROGRAM
PARCEL
AREA RESIDENTIAL
(Acres) (Dwelling Units)
I
t60W
Rl
0.72
40
R2
1.38
75
R3
1.33
90
R4
1.64
90
RS
1.60
60
R6
1.71
90
6,000
R7
1.36
57
R8
1.32 ,
90
6,000
R9
1.58
90
6,000
R10
0.28
6
Rll
0.37
9
R12
0.46
8
0.35
6
0.18
3
14.28
714
30,000
EP2
I
0.47
1.38
0.44
Area
2.29
NOTES:
1 Program may be reallocated between parcels, provided Nat the total number of additive units does not exceed
290 and me number of replacement units and the commercial square footage complies with General Plan Polity
LU 6.1 S. S.
2 OnSlte parking to support residential and commercial uses must comply with Newport Beach Zoning Code
provide connectivity with the existing street system
and adjoining commercial properties.
Creace a neighborhood park as the principal focal
point of the village, with additional pocket parks
that provide community identity and amenity.
Buildings should be massed to provide strong
spacial definition along screen, and stepped down
to promote a pedestrian - scaled character.
Create ground level uses that promote active and
engaging street fronts Parking should be either be
creapculaced or below grade.
Establish A diversity of housing types, including
mw houses, podium mid -rise and high -rise
apartments.
The Plan for the Conexant site provides a net develop-
able residential [and area of 14.28 acres, which would
allow for a maximum program of 714 dwelling units
(14.28 x 50 dulao), of which 290 would be addi-
tive touts and up ro 424 would be replacement emits
(Figure 3: Conexant Site Framework Plan). this
density is consistent with General Plan policies. The
predic number of rcplacoment units vdll be finalized in
the regulatory plan fur development of the Conexant
property, based on traffic analysis to comply with
General Plan Policy LU 6.15.5. ]n addition to its Tesi-
dencial pmgmm, The Cunexant Village Talk for ground
level t'etad and commerclal uses to be located along A
Setter, and adjacent to the central neighborhood park.
The Conexant proposal provides a Total of 2.3 acres
of parlor and open space, exceeding the Genccal Plan
requirement of 2.0 acres or 8 percent of The land . area
of nce residential village (i.e., 8% of 25 acres = 2.0
aeno). A 1.4 acre neighborhood park is located at The
Center of the community; it is highly public in nature,
surrounded on all sides by public streers and by active
I1�^
C%
ground level uses. An additional 0.9 acres is provided
in two smaller pocket parlor within the village.
Although the six of the central neigbborhood park
does not fully meet the requirements of the General
Plan, the overall open space program in all other
aspects complies with The General Plats policies and
contributes to a cohesive residetnial village As concern-
placed by the General Plan. As such, it is ROMKs
opinion chat The spirit and intent of the General Plan
policies are being met.
Kull
For the Kell properties The Plan is based on the
partite, scr forth in the General Plan, chat, subject
To The City's discretion, non- residential uses can be
included in a mixed -use village m meet the minimum
10 -acre requirement. The Plan demonsxraces how non-
residential uses can be integrated with residential uses
Along with open space, parking and other amenities
m create a livable and artracrive neighborhood (Figure
4: ]Coll Site Illustrative Plan). 1. seeking to meet the
intention of the General Plan policies for a mixed -use
village on The Kull Property, The Plan has esra lisbcd
and followed the following principles:
• Spatially organi >s new residential uses with
existing office development in a way rhac creates
an engaging neighborhood fabric of useable and
defined open spaces, and pedestrian - friendly streets
and promenades.
Ralance the amount of surface parking with
publicly accessible open spaces and streets, so char
an appropriate residential norimnment is created,
and the feeling of living in apuking lot is avoided.
Provide replacement office parking for displaced
surface parking in new structures That are encapsu-
hud ur substantially below grade.
Create a network of pedestrian - friendly streets and
walkways that connect to existing and future accivi-
ties within the area, and that give structure and
organi.non to the village.
Create ground level uses that promote active and
engaging street fronts.
Create a neighborhood park as The principal focal
point of the village and extend the lush landscape
treatment of the lake park along Von Farman
into The new village to provide continuity and
connectivity.
The mixed -use village shown on the Integrated Plan
for de Koll Company property exceeds the 10 acre
minimum requirement and can be considered to
encompass approximately 15 gross acres of land north
of Van ]Carman Avenue and south of Birch Street. The
village area would include several existing office build-
ings and would provide for the conversion of parking
In" into residential development parcels along with the
crenrion ofnew open space amenities and the comet
tion of,hese to existing open spaces. The Plan calls for
The reconfigurarion of The site to create complementary
spatial relationships between the residential parcels
and the existing office buildings. It also calls for the
KOLL SITE ILLUSTRATIVE DEVELOPMENT PROGRAM
PARCEL
AREA
(Acres)
RESIDENTIAL'
(Dwelling Units)
COMMERCIAL'
(Gross Sq F[)
REPLACEMENT
PARKING a
(Spaces)
R7
i 1.00
60 -
218
R2
1.30
80
12,000
ISO
R3
1.S0
90
440
R4
0.80
17
RS
0.60
13
I
Total Resldentlal Land Area
5.20
260
12,000
BOB
Pi
1.00_
P2
0.21
P3
0.03
P4
0.04
Total Park Area
1.28
NOTES:
I Program may be reallocated between panels, Provided Nat the total number 0t adIdenual units and cpmmemal square
Iootage does not exceed me meals Shawn above, era lesser number to complV with Gexral Plan Policy LU 5.15.5.
2 Aeplacemenr parking may be reallocated between parcels, provided Oat The total number of displaced spaces are replaced.
Om!ate parkins m support residential and comrroneW uses must romoly vice New oR Beach Zaning Code.
RECOMMENDED INTEGRATED CONCEPTUAL DEVELOPMENT Pt AN, JANUARY 2009
modification of surface parking areas to create a bearer
balance of buildings and open spans, link existing and
future open space amenities and to crease a network of
pedetttian friendly streets.
The Plan also provides for the creation of a central
neighborhood park of approximately one acre, and for
an additional 0.3 acres of open space areas on land that
was previously used for surface parking. Although The
neighborhood park falls short of the thigh, open space
requirement of 1.2 acres (i.e., 8 percent of 15 acres),
the plan achieves the total amount of open space
required by the General Plan, and proposes a series of
interconnected promenades and plazas in addition to
The central neighborhood park, that would enhance the
livability and amenity of the neighborhood. As such,
it is ROMA's opinion that the spirit and intent of the
General Plan policies are bting met.
The implementation of the Koff plan will utilize land
that is currently used for surface parking, which is
still required to seen the office uses that will remain.
Therefore, the Plan requires that approximately S00 of
the existing 1,218 surface parking spaces be replaced,
either in encapsulated or in below grade parking facili-
ties in conjunction with the parking required for the
new residential development,
'Ihe Plant provide for 5.2 net acres of new residential
land, and as such allows for the development of 156
to 260 units based on the minimum sued maximum
allowable densities in the General Plan. Five parcels
comprise the 5.2 cues of tesidential [arid and provide
for a diversity, of unit types as called for in The General
Plan (Figure 5; Kull Site Framework Plan). The Plum
designates three of the parcels (RI, R2 and R3) Totaling
3.8 acres for 4 To 5 -smry podium styled deick proem,
which could include ground level townhouse units and
some retail use. These parcels would provide 230 units
of new residential development organlaed around the
neighborhood park. Parcels R4 and R5, totaling 1.4
acre, long "B" and "G" Streets are designated for 2
to 3 -story townhouses. These parcels would provide
for 30 units along the eastern add southern residential
edge to the village Figures 6 and 7 provide an illustre-
rive plats of The ground floor and a typical upper Level
floor of the Kull site development.
Implementation
The approval of an Integrated Conceptual Development
Plan by the City Council is a pre- requisite For the prep-
aration of the entitlement documents, called For in the
General flan, These documents include a Regulatory
Plan and a Development Agreement. Once Council
has reviewed and approved the integrated Conceptual
Development Plan, each property owner will be respon-
sible m independently prepare acrd submit to the City,
the proposed Regulatory flan for their property. The
Regulatory Plans, along with any required environ-
mental clearance documents, will then be the subject of
a public review process as established by the City and
The basis for action by The City Council.
The Regulatory Plan will, in subsmndal compliance
with the Integrated Conceptual Development Plan,
describe more fully due proposed design of build-
togs, parking, sitters, pedestrian ways, parks and open
spaces, and how infrastructure required to support
the proposed development will be provided. The
Regulatory Plans will also be prepared in compliance
with the PC Development Plan ®quimments of The
Newport (leach 7. rang Code The Regulatory Plan
will thus provide a description of the location, imem
siry and density ofallowsble and conditional cues; the
AIRPORT BUSINESS AREA'. NoLL AND CONENANT PROPERTIES
I v,
height and massing of buildings; required setbacks and
stepbackr, The location, configuration awl treatment
of ground level axes; design standards and guidelines
for saucers, pedestrian ways and open spaces, including
requirements for lighting and landscaping; standards
and guidelines for the location of driveways, sewico
and trash areas; a description of how commercial uses
that enhance the residential uses will be incorporated;
and how required parking is m be provided and treated
.so that it does not detract front the livability of the
neighborhood and the quality of the pedestrian env] -
ro cr em. h will also describe the proposed phasing
of development and linkage of open space, steam and
infrastructum imprmements in relation m &,[up-
meat. Any use of the City's density bonus provi-
sions @sr affordable housing, or for the transfer of
development tights from other properties, will also be
addressed in the Regulatory Plan.
Regulatory Plans mum be it) substantial compliance
with the intent of the Integrated Conceptual Develop-
ment Plan, particularly in terms of the number of addi-
tive residential units (except for any density bonuses
for affordable units), and The connectivity between the
Kull and Concxanr tesidencial villages.
In addition, a Development Agreement is called for
in The General Plan, between The property owner and
The City for ail projects that include residential caries,
to "define the improvements and public benefits to be
provided by the developer in exchange for the City's
commitment for the number, density, and location
of the housing units'(LU6.15.12). The Develop-
ment Agreement will include performance previsions
to emote conformance with the commitments that
have been made. It will also establish a time frame
for mating the performance provisions, as well as the
phasing and linkage requirements of open space and
inftattucowe impmvaments.
The City of Newport Beach has an interest in Timely
implementation of this Integrated Conceptual Devel-
opment Plan to ensure implementation of its Housing
Element and or provide unused development rppor-
mnities to property owners who have the interest and
capacity to implement the City's phzras, If, after a
reasonable period of time as determined by else City
Council, owners of property within the area of this
Integrated Conceptual Development Plan do nor
submit and prosecute Regulatory Plans and Develop-
ment Agreements, the Ciry may initiate and adopt an
amendment to This Plan as reallocate additive units,
FIGURE 1: INTEGRATED CONCEPTUAL DEVELOPMENT PLAN: ILLUSTRATIVE PLAN
19
e iw iw wa.•-
RECOMMENDED INTEGRATED CONCEPTUAL DEVELOPMENT PLAN: IANVAFY 2009
FIGURE 2: CONEXANT SITE ILLUSTRATIVE PLAN
AIRPORT BUSINESS AREA ROLL AND CONEXANT PROPERTIES
C
�r
C-
1-o
JAMBOREE ROAD
C-
i
FIGURE 4: KOLL SITE ILLUSTRATIVE PLAN
;JAPORT BUSINESS AREA: ROLL AND CONEXANT PROPERTIES
I Acu
FIGURES: KOLL SITE FRAMEWORK PLAN
9
,�"'�" "�y� �"�. r �$. �v"� ���`15 � �J ���I �ITill l�lU� �`� ���� ,R �" �m� �•,.}. :. f�.;�.,° �.�; �_?:J
Lr 5
xsraEET t
u;Ar+'? `z- + ,vS+aS�4s 'i JIIyJ` g".* T o ' "yam 't"'i•'n:,t iY1�^ �aS x tls,�,. ���1, + ,. l�i.'�4
.C'%. O ," x °a,- r„e3e��;;a'v' �"y t , � '��@"Y .� � 1"� t y�r 1ji Y+""` kd4 k '� #r �I F rc � J�y a s'+s: � <� V•
A w��l .. � .. �✓ �'f'a�'� e 1k�� �) �! I� � .��° t i�N�.'�
kN/SONLP/:Bq G51flVC(UA 1 �• O?. - `,!� �� r.
,
,
71i�1T��(�t
FIGURE.6: KOLL SITE ILLUSTRATIVE GROUND LEVEL PLAN
AIRPORT BUSINESS ARCA; ROLL AND CO'NE'YANT PROPERTIES
l�
V
V ILP :00'.l J.
FIGURE 7: KOLL SITE ILLUSTRATIVE UPPER LEVEL PLAN
s
RECOMMENDED INTEGRATED CONCEPTUAL DEVELOPMENT PLAN; JANUARY 3009 11
ATTACHMENT F
GENERAL PLAN FIGURE
LU22 AIRPORT AREA
u1
CITY of NEWPORT BEACH
GENERAL PLAN
FIGURE LU22
AIRPORT AREA
Sub -Area
Conceptual
Development
Plan Area
Tidelands and
submerged lands
�i City Boundary
Land Use
Delineator Line
r%*.p Highway
65 CNEL Nolse
Contour
Refer to anomaly
is table
s
O
v Fea
0 250 500 1,000
�. eiN a Naxpon amen an [m nawcnia�
ci MlMem: 10579V
W,1VM
EIP
ATTACHMENT G
GENERAL PLAN FIGURE
LU23 AIRPORT AREA
RESIDENTIAL VILLAGE
ILLUSTRATIVE CONCEPT
DIAGRAM
-I \
CITY of NEWPORT BEACH
GENERAL PLAN
Rgure LU23
AIRPORT AREA RESIDENTIAL
VILLAGES ILLUSTRATIVE
CONCEPT DIAGRAM
Legend
OPPORWNm StES
® PROPOSED OPEN SPACES
IMPROVED RESDENC LLSTREETS
PROPOSED RESDEN ➢AL SREM
1911 PROPOSED PEDESR7IAN WAYS
..., 65 CNEL NODE CONTOUR'
�.
CONCEPTUAL PLAN REOUMD
The 65 CNEL Nose Conlear is shove FJ
rustrobw PuMMS PNy
¢. ROMA C s,. &-..P
PROJECT NLMBER 1057901
[hie MOMS
EIP
�3
r
W
p •..'t'�t tt!n, ^+' a win^ ;� ,y'•.t. 3.. ,, -_ =s.= .M ..K r -+
y
LTi4. 7 �.
to- 40
J`
t A E� � - r KGy �� y • - � :.L '
' !!' • inn }.. "°'. ,_,y,j/F f-V- ♦ E _
4#n.a 'f' „� _. � r •? i vim_ -
l� ,1 �. �� r� t; � �, rte.+ 1 � . �' � � ,� E,; • . � �, � �.. ./`` ": , � , � � �`'
e
k dil 4 ♦ IN • T °
AIRPORT BUSINESS AREA
RECOMMENDED INTEGRATED CONCEPTUAL DEVELOPMENT PLAN
FOR KOLL AND CONEXANT PROPERTIES
Prepared for the City of Newport Beach by ROMA Design Group
JANUARY 2009
AIRPORT BUSINESS AREA
RECOMMENDED INTEGRATED
CONCEPTUAL DEVELOPMENT PLAN
FOR KOLL AND CONEXANT
PROPERTIES
Introduction
In 2006 and 2007, ROMA Design Group assisted the
City of Newport Beach in establishing land use and
urban design policies and a Conceptual Framework
Plan for infill development within the Airport Busi-
ness Area, immediately east of John Wayne Airport,
bounded by Jamboree Road, Campus Drive and
Bristol Street. The policies, which have been incorpo-
rated within the adopted General Plan, promote the
introduction of residential and mixed -use development
within this industrial and commercial district, provided
that such development contributes to the creation of
viable neighborhood clusters with appropriate infra-
structure, pedestrian- oriented features and open spaces,
and with a pattern of development that offers a strong
sense of community and livability.
The General Plan policies allow for a maximum of
2,200 units of housing within the Airport Business
Area. All but 550 of these units must replace existing
development so that there is no net gain of vehicular
trips; the 550 "additive" units may be constructed on
existing surface parking lots located east of MacArthur
Boulevard. This area, referred to in the General Plan
as the Conceptual Development Plan Area, has strong
potential for the introduction of new residential devel-
opment, as it includes two large tracts of assembled
property, including the 75 -acre Koll property, and
the 25 -acre Conexant site. The General Plan requires
the property owners in this area to collaborate in the
preparation of a single Conceptual Development Plan
to "demonstrate the compatible and cohesive integra-
tion of new housing, parking structures, open spaces,
recreational amenities, pedestrian and vehicular link-
ages, and other improvements with existing non -resi-
dential structures and uses."
Each of the principal property owners has prepared
a Conceptual Development Plan for their properties
for City review, but these plans did not resolve the
allocation of the 550 "additive" units. The City has
requested that ROMA Design Group evaluate the
Conceptual Development Plans prepared by each of
the property owners, in relation to the policies and
standards of the General Plan, and to formulate a
recommended Integrated Conceptual Development
Plan for the City's consideration.
General Plan Policies
The General Plan provides policies for the orderly
evolution of the Airport Business Area, from a single -
purposed business park, to a mixed -use district with
cohesive residential villages integrated within the
existing fabric of office, industrial, retail, and airport -
related businesses. The goal of the Plan is to create
livable neighborhoods with a strong sense of place and
community — "residential villages centering on neigh-
borhood parks and interconnected by pedestrian walk-
ways (with) a mix of housing types and buildings ... at
a sufficient scale to achieve a complete neighborhood."
In formulating the General Plan policies, there was
concern that residential development not occur on a
"piecemeal" basis, and that there be sufficient critical
mass to enable each new increment of housing to stand
alone as a viable and livable neighborhood. This was
felt to be particularly important in the Airport Business
Area where there has been no residential development,
and where the predominant land use pattern has been
commercial and industrial.
criteria for the configuration and design of new residen-
tial villages in the Airport Business Area in general, and
in the Conceptual Development Plan Area in particular:
• Neighborhood Size: Each residential village shall
be at least 10 -acres in size at build -out, and be
organized around a neighborhood park and other
similar amenities. The first phase of residential
development in each village shall be at least five
gross acres, exclusive of existing rights -of -way.
Although the General Plan exempts the "Concep-
tual Development Plan Area" from this minimum
first phase requirement, it does require that residen-
tial villages within this sub -area be able to be built
out to a minimum area of 10 acres (LU6.15.6,
LU6.15.10 and LU6 15.11). At the discretion of
the City, the acreage can include part of a property
in a different land use category, if the City finds
that a sufficient portion of the contiguous property
is contributing to the village fabric of open space,
parking, or other amenities.
• Neighborhood Densities: In addition to
providing a minimum land area for residential
development, the General Plan also establishes
minimum densities to ensure that a sufficient
critical mass of at least 300 units is created within
each I0 -acre village. As such, the overall minimum
density for each village at build -out is 30 dwelling
units per net acre, exclusive of existing and future
rights -of -way, open spaces and pedestrian ways;
a maximum net density of 50 units /acre is also
established. The General Plan also establishes a
minimum density of 45 units per acre for each
five -acre first phase increment of residential
development (225 dwelling units); although the
Conceptual Development Plan Area is exempt
from this specific numerical requirement, any
first phase increment of residential development
snouia aemonstrate an appropriate cn
(LU6.15.7, LU6.15.8 and LU6.15.9).
• Diversity of Housing: Within the density enve-
lope (30 to 50 du /ac), the General Plan promotes
a diversity of building types, including row houses,
and podium mid -rise and high rise buildings to
accommodate a range of household types and
incomes and to promote a variety of building
masses and scales. (LU6.15.7).
Neighborhood Parks: The General Plan calls for
residential villages to be centered on neighborhood
parks to provide structure and a sense of commu-
nity and identity. The General Plan requires that
each park be a minimum of one -acre in size, or
at least eight percent of the total land area of the
residential village, whichever is greater. In order
to promote useable and cohesive open space, the
General Plan also requires that each neighborhood
park have a minimum dimension, no less than 150
feet. Neighborhood parks are required to be public
in nature (rather than internalized open space),
and to this end must have public streets on at least
two sides and be connected with adjacent residen-
tial development by pedestrian ways and streets
(LU6.15.13 and LU6.15.14).
• implementation: The General Plan requires that
an integrated Conceptual Development Plan be
prepared for the Conexant and Koll properties.
On the basis of the approved Conceptual Devel-
opment Plan, each property owner, electing to
pursue residential infill development, is required
to prepare a Regulating Plan "which shall contain
a minimum of 10 acres, to coordinate the loca-
tion of new parks, streets, and pedestrian ways, set
forth a strategy to accommodate neighborhood -
serving commercial uses and other amenities,
establish pedestrian and vehicular connections
RECOMMENDED INTEGRATED CONCEPTUAL DEVELOPMENT PLAN: JANUARY 2009
8
i
04
OFFICE
I
I
I
I I I
1
I
I
40!* �� \
M171
Im ,
F
----------- - - - - -- --%
BIRCH STREET
4
--------- --
O 9FS�0
ti -v
FIGURE 4: KOLL SITE ILLUSTRATIVE PLAN
AIRPORT BUSINESS AREA KOLL AND CONEXANT PROPERTIES
PARK
OFFICE
W•
EXISTING PARKING STRUCTURE
��OE
-MEMO
jw
Ag
'1
\
Mi
O 9FS�0
ti -v
FIGURE 4: KOLL SITE ILLUSTRATIVE PLAN
AIRPORT BUSINESS AREA KOLL AND CONEXANT PROPERTIES
PARK
OFFICE
W•
EXISTING PARKING STRUCTURE
F �
m
��OE
-MEMO
jw
Ag
F �
m
with adjoining land uses, and assure compatibility
with office, industrial, and other nonresidential
uses." (LU6.15. 10 and LU6.15.11). In addition,
a development agreement between the property
owner and the City is required for all projects that
include residential units, to "define the improve-
ments and public benefits to be provided by the
developer in exchange for the City's commit-
ment for the number, density, and location of the
housing units" (LU6.15.12).
Recommended Integrated
Conceptual Development Plan
As previously stated, the City has asked ROMA to
prepare an Integrated Conceptual Development Plan
for the Conexant and Koll properties to "demon-
strate the compatible and cohesive integration of new
housing, parking structures, open spaces, recreational
amenities, pedestrian and vehicular linkages and other
improvements with existing non - residential struc-
tures and uses ". The recommended plan is based on
ROMAs review of the individual plans prepared by
the two property owners and input from both owners.
This review found that the proposed Conexant plan
was substantially compliant with the policies of the
General Plan, and with minor adjustments was incor-
porated into the Integrated Conceptual Development
Plan. The Koll Plan that was initially submitted did
not comply with the General Plan policies. Additional
information was then provided by the property owner
and on the basis of that input a plan for the Koll prop-
erty was prepared by ROMA in compliance with the
General Plan policies. The plan was reviewed by Koll
and the City and then integrated with the Conexant
plan to become the recommended Integrated Concep-
tual Development Plan provided herein.
The Integrated Conceptual Development Plan (here-
after referred to as the Plan), provides for the redevelop-
ment of the 25 -acre Conexant site, and for the redevel-
opment of a 15 -acre portion of the Koll Center office
park between Birch Street and Von Karman Avenue
with new residential development and open space,
carefully integrated with existing office buildings and
parking structures which will remain (Figure 1: Illustra-
tive Plan). The Plan is aimed at fulfilling the policies of
the General Plan, ensuring cohesive and livable neigh-
borhoods oriented to parks and pedestrian ways, and
a finer- grained network of pedestrian- friendly streets.
The Plan would result in a total of up to 974 new resi-
dential units, 714 of which are planned and could be
developed on the Conexant site and the remaining 260
on the Koll property. All 260 of the new residential
units on the Koll site would be "additive" units since
no existing office or industrial uses would be removed.
On the Conexant site, up to 424 units would replace
existing industrial and office uses to be demolished, and
the remaining 290 units would be additive. Together,
the two properties would use all of the 550 additive
units prescribed for the Conceptual Development Plan
area by the General Plan.
Conexant
The plan for the Conexant site represents a complete
redevelopment of the property from an industrial/
office complex to a residential village. The Plan calls
for the 25 -acre site to be configured with a pattern of
streets and blocks that provide a pedestrian - friendly
environment, with strong connectivity to adjacent
commercial areas. (Figure 2: Conexant Site Illustrative
Plan). Several principles guide the organization of the
Conexant mixed -use village, building on the policies of
the General Plan:
• Establish a grid of pedestrian - scaled streets that
break up the large superblocks of the area and
AIRPORT BUSINESS AREA: KOLL AND CONExANT PROPERTIES
CONEXANT SITE ILLUSTRATIVE DEVELOPMENT PROGRAM
PARCEL
AREA
RESIDENTIAL
COMMERCIAL
(Acres)
(Dwelling Units)
(Gross Sq Ft)
R1
0.72
40
R2
1.38
75
R3
1.33
90
6,000
R4
1.64
90
6,000
R5
1.60
60
R6
1.71
90
6,000
R7
1.36
57
R8
1.32
90
6,000
R9
1.58
90
6,000
R10
0.28
6
R11
0.37
9
R12
0.46
8
R13
0.35
6
R14
0.18
3
Total
14.28
714
30,000
Pi
0.47
P2
1.38
P3
0.44
Total Park Area
2.29
NOTES:
I Program may be reallocated between parcels, provided that the total number of additive units does not exceed
290 and the number of replacement units and the commercial square footage complies with General Plan Policy
LU 6.15.5.
2 On -Site parking to support residential and commercial uses must comply with Newport Beach Zoning Code.
Residential)
D Open Space
0 Existing Ope
1pment Area: 5.2 AC
1.28 AC
ce and Setback Area
I
Setback Included in Parcel Area \ \ \
Existing Surface Parking: 1,218 spaces
Remaining Surface Parking: 410 spaces
Required Replacement Parking: 808 spaces
FIGURE 5: KOLL SITE FRAMEWORK PLAN
JI
1
i
\ 0
\ q
Setback Included in Pr
02
0.64 AC ]
R3
1.5 AC
t
I
R1
1.0 AC
P1
1.0 AC
05
P2 0.73 AC
0.21 AC
---------
BIRCH STREET
I'
- -
o I! I
I! I
R2 / !
1.3 AC / L
i
D 04 ' H STREET
3.92 AC R4 !
\� \ - -- 0.8 AC
Existing Parking Structure
— R5
0.6 AC
P3 fin- -t
G STREET
0.03 AC -
0.7 AC 0.04 AC
aaaaaala
a e0- m0' 200'
i
9
I,I
I
I
0,
Setback Included in Parcel Area \ \ \
Existing Surface Parking: 1,218 spaces
Remaining Surface Parking: 410 spaces
Required Replacement Parking: 808 spaces
FIGURE 5: KOLL SITE FRAMEWORK PLAN
JI
1
i
\ 0
\ q
Setback Included in Pr
02
0.64 AC ]
R3
1.5 AC
t
I
R1
1.0 AC
P1
1.0 AC
05
P2 0.73 AC
0.21 AC
---------
BIRCH STREET
I'
- -
o I! I
I! I
R2 / !
1.3 AC / L
i
D 04 ' H STREET
3.92 AC R4 !
\� \ - -- 0.8 AC
Existing Parking Structure
— R5
0.6 AC
P3 fin- -t
G STREET
0.03 AC -
0.7 AC 0.04 AC
aaaaaala
a e0- m0' 200'
i
9
provide connectivity with the existing street system
and adjoining commercial properties.
• Create a neighborhood park as the principal focal
point of the village, with additional pocket parks
that provide community identity and amenity.
• Buildings should be massed to provide strong
spatial definition along streets, and stepped down
to promote a pedestrian- scaled character.
• Create ground level uses that promote active and
engaging street fronts. Parking should be either be
encapsulated or below grade.
• Establish a diversity of housing types, including
row houses, podium mid -rise and high -rise
apartments.
The Plan for the Conexant site provides a net develop-
able residential land area of 14.28 acres, which would
allow for a maximum program of 714 dwelling units
(14.28 x 50 du/ac), of which 290 would be addi-
tive units and up to 424 would be replacement units
(Figure 3: Conexant Site Framework Plan). This
density is consistent with General Plan policies. The
precise number of replacement units will be finalized in
the regulatory plan for development of the Conexant
property, based on traffic analysis to comply with
General Plan Policy LU 6.15.5. In addition to its resi-
dential program, the Conexant Village calls for ground
level retail and commercial uses to be located along A
Street, and adjacent to the central neighborhood park.
The Conexant proposal provides a total of 2.3 acres
of parks and open space, exceeding the General Plan
requirement of 2.0 acres or 8 percent of the land area
of the residential village (i.e., 8% of 25 acres = 2.0
acres). A 1.4 acre neighborhood park is located at the
center of the community; it is highly public in nature,
surrounded on all sides by public streets and by active
ground level uses. An additional 0.9 acres is provided
in two smaller pocket parks within the village.
Although the size of the central neighborhood park
does not fully meet the requirements of the General
Plan, the overall open space program in all other
aspects complies with the General Plan policies and
contributes to a cohesive residential village as contem-
plated by the General Plan. As such, it is ROMAs
opinion that the spirit and intent of the General Plan
policies are being met.
Koll
For the Koll properties the Plan is based on the
premise, set forth in the General Plan, that, subject
to the City's discretion, non - residential uses can be
included in a mixed -use village to meet the minimum
10 -acre requirement. The Plan demonstrates how non-
residential uses can be integrated with residential uses
along with open space, parking and other amenities
to create a livable and attractive neighborhood (Figure
4: Koll Site Illustrative Plan). In seeking to meet the
intention of the General Plan policies for a mixed -use
village on the Koll Property, the Plan has established
and followed the following principles:
• Spatially organize new residential uses with
existing office development in a way that creates
an engaging neighborhood Fabric of useable and
defined open spaces, and pedestrian - friendly streets
and promenades.
• Balance the amount of surface parking with
publicly accessible open spaces and streets, so that
an appropriate residential environment is created,
and the feeling of living in a parking lot is avoided.
Provide replacement office parking for displaced
surface parking in new structures that are encapsu-
lated or substantially below grade.
Create a network of pedestrian- friendly streets and
walkways that connect to existing and future activi-
ties within the area, and that give structure and
organization to the village.
• Create ground level uses that promote active and
engaging street fronts.
• Create a neighborhood park as the principal focal
point of the village and extend the lush landscape
treatment of the lake park along Von Karman
into the new village to provide continuity and
connectivity.
The mixed -use village shown on the Integrated Plan
for the Koll Company property exceeds the 10 -acre
minimum requirement and can be considered to
encompass approximately 15 gross acres of land north
of Von Karman Avenue and south of Birch Street. The
village area would include several existing office build-
ings and would provide for the conversion of parking
lots into residential development parcels along with the
creation of new open space amenities and the connec-
tion of these to existing open spaces. The Plan calls for
the reconfiguration of the site to create complementary
spatial relationships between the residential parcels
and the existing office buildings. It also calls for the
KOLL SITE ILLUSTRATIVE DEVELOPMENT PROGRAM
NOTES:
1 Program may be reallocated between parcels, provided that the total number of residential units and commercial square
footage does not exceed the totals shown above, or a lesser number to comply with General Plan Policy LU 6.15.5.
2 Replacement parking may be reallocated between parcels, provided that the total number of displaced spaces are replaced.
On -Site parking to support residential and commercial uses must comply with Newport Beach Zoning Code.
RECOMMENDED INTEGRATED CONCEPTUAL DEVELOPMENT PLAN: JANUARY 2009 3
REPLACEMENT
PARCEL
AREA
RESIDENTIAL'
COMMERCIAL'
PARKING 2
(Acres)
(Dwelling Units)
(Gross Sq Ft)
(Spaces)
R1
1.00
60
218
R2
1.30
80
12,000
150
R3
1.50
90
440
R4
0.80
17
R5
0.60
13
Total Residential Land Area
5.20
260
12,000
808
P1
1.00
P2
0.21
P3
0.03
P4
0.04
Total Park Area
1.28
NOTES:
1 Program may be reallocated between parcels, provided that the total number of residential units and commercial square
footage does not exceed the totals shown above, or a lesser number to comply with General Plan Policy LU 6.15.5.
2 Replacement parking may be reallocated between parcels, provided that the total number of displaced spaces are replaced.
On -Site parking to support residential and commercial uses must comply with Newport Beach Zoning Code.
RECOMMENDED INTEGRATED CONCEPTUAL DEVELOPMENT PLAN: JANUARY 2009 3
— —
e
oti
�9
\ \ GF
\ \
a \
FIGURE 6: KOLL SITE ILLUSTRATIVE GROUND LEVEL PLAN
10 AIRPORT BUSINESS AREA KOLL AND CONEXANT PROPERTIES
IS
p,. -I 'as• ,
k•- Q
�I
A
\ r
VMFA
I
m )
modification of surface parking areas to create a better
balance of buildings and open spaces, link existing and
future open space amenities and to create a network of
pedestrian friendly streets.
The Plan also provides for the creation of a central
neighborhood park of approximately one acre, and for
an additional 0.3 acres of open space areas on land that
was previously used for surface parking. Although the
neighborhood park falls short of the single open space
requirement of 1.2 acres (i.e., 8 percent of 15 acres),
the plan achieves the total amount of open space
required by the General Plan, and proposes a series of
interconnected promenades and plazas in addition to
the central neighborhood park, that would enhance the
livability and amenity of the neighborhood. As such,
it is ROMAs opinion that the spirit and intent of the
General Plan policies are being met.
The implementation of the Koll plan will utilize land
that is currently used for surface parking, which is
still required to serve the office uses that will remain.
Therefore, the Plan requires that approximately 800 of
the existing 1,218 surface parking spaces be replaced,
either in encapsulated or in below grade parking facili-
ties in conjunction with the parking required for the
new residential development.
The Plan provides for 5.2 net acres of new residential
land, and as such allows for the development of 156
to 260 units based on the minimum and maximum
allowable densities in the General Plan. Five parcels
comprise the 5.2 acres of residential land and provide
for a diversity of unit types as called for in the General
Plan (Figure 5: Koll Site Framework Plan). The Plan
designates three of the parcels (R1, R2 and 113) totaling
3.8 acres for 4 to 5 -story podium styled development,
which could include ground level townhouse units and
some retail use. These parcels would provide 230 units
of new residential development organized around the
neighborhood park. Parcels R4 and R5, totaling 1.4
acres, along "B" and "C" Streets are designated for 2
to 3 -story townhouses. These parcels would provide
for 30 units along the eastern and southern residential
edge to the village. Figures 6 and 7 provide an illustra-
tive plan of the ground floor and a typical upper level
floor of the Koll site development.
Implementation
The approval of an Integrated Conceptual Development
Plan by the City Council is a pre- requisite for the prep-
aration of the entitlement documents, called for in the
General Plan. These documents include a Regulatory
Plan and a Development Agreement. Once Council
has reviewed and approved the Integrated Conceptual
Development Plan, each property owner will be respon-
sible to independently prepare and submit to the City,
the proposed Regulatory Plan for their property. The
Regulatory Plans, along with any required environ-
mental clearance documents, will then be the subject of
a public review process as established by the City and
the basis for action by the City Council.
The Regulatory Plan will, in substantial compliance
with the Integrated Conceptual Development Plan,
describe more fully the proposed design of build-
ings, parking, streets, pedestrian ways, parks and open
spaces, and how infrastructure required to support
the proposed development will be provided. The
Regulatory Plans will also be prepared in compliance
with the PC Development Plan requirements of the
Newport Beach Zoning Code. The Regulatory Plan
will thus provide a description of the location, inten-
sity and density of allowable and conditional uses; the
4 AIRPORT BUSINESS AREA: KOLL AND CONEXANT PROPERTIES
height and massing of buildings; required setbacks and
stepbacks; the location, configuration and treatment
of ground level uses; design standards and guidelines
for streets, pedestrian ways and open spaces, including
requirements for lighting and landscaping; standards
and guidelines for the location of driveways, service
and trash areas; a description of how commercial uses
that enhance the residential uses will be incorporated;
and how required parking is to be provided and treated
so that it does not detract from the livability of the
neighborhood and the quality of the pedestrian envi-
ronment. It will also describe the proposed phasing
of development and linkage of open space, street and
infrastructure improvements in relation to develop-
ment. Any use of the City's density bonus provi-
sions for affordable housing, or for the transfer of
development rights from other properties, will also be
addressed in the Regulatory Plan.
Regulatory Plans must be in substantial compliance
with the intent of the Integrated Conceptual Develop-
ment Plan, particularly in terms of the number of addi-
tive residential units (except for any density bonuses
for affordable units), and the connectivity between the
Koll and Conexant residential villages.
In addition, a Development Agreement is called for
in the General Plan, between the property owner and
the City for all projects that include residential units,
to "define the improvements and public benefits to be
provided by the developer in exchange for the City's
commitment for the number, density, and location
of the housing units "(LU6.15.12). The Develop-
ment Agreement will include performance provisions
to ensure conformance with the commitments that
have been made. It will also establish a time frame
for meeting the performance provisions, as well as the
phasing and linkage requirements of open space and
infrastructure improvements.
The City of Newport Beach has an interest in timely
implementation of this Integrated Conceptual Devel-
opment Plan to ensure implementation of its Housing
Element and to provide unused development oppor-
tunities to property owners who have the interest and
capacity to implement the City's plans. If, after a
reasonable period of time as determined by the City
Council, owners of property within the area of this
Integrated Conceptual Development Plan do not
submit and prosecute Regulatory Plans and Develop-
ment Agreements, the City may initiate and adopt an
amendment to this Plan to reallocate additive units.
i t �
I
BIRCH STREET
i OFFICE
W W S
I
F
1 OFFICE -
1 CJ' •� f
1
�.
.� � OFFICE 7
H STREET
k
� � 'e
z
' LJ � W PARK
A
I n
EX15TING PARKING STRUCTURE I
'19 �
. r
• A� � � OFFlCE � �� � � �,, T � E
P J _
f 5
FIGURE 7: KOLL SITE ILLUSTRATIVE UPPER LEVEL PLAN
0 100' 20J
RECOMMENDED INTEGRATED CONCEPTUAL DEVELOPMENT PLAN: JANUARY 2009 1 i
IN
\ �
91 R C H STREET
_ o
OFFICE a
OFF/
OFFICE ° '
5 17 F'....�
F
4
EX15iIN4 PARKING 5 iRU(
\ (.J OFFICF
`. \ \.... •.
4
21'9
I N
9L
\ b
FIGURE 1: INTEGRATED CONCEPTUAL DEVELOPMENT PLAN: ILLUSTRATIVE PLAN
f
11. • '� ± III♦
1
I=
■ J Y i J
2
I ■iJ s.
�i
1
I
xANr
SITE
1' ;I K
Pill
RECOMMENDED INTEGRATED CONCEPTUAL DEVELOPMENT PLAN: JANUARY 2009 5
E
I�
Ali
FIGURE 2: CONEXANT SITE ILLUSTRATIVE PLAN
6 AIRPORT BUSINESS AREA: KOLL AND CONEXANT PROPERTIES
RESIDENTIAL
JAMBOREE ROAD
W
W
cc
f
N
T
0
o' sn Irw• :
D Total New Residential 9",i o en Area y4Y8 AC \�
0 Total New Open re 3 AC \
D Setback Area
1
I
I
W
11 a
7 AC
I o
I
I
]AC
Setback Included in Parcel Area
C STREET
- I I
I
FIGURE 3: CONEXANT SITE FRAMEWORK PLAN
JAMBOREEROAD
a
N
a�
KOLLI SITE
D
P1
0.47 AC O
setback Inducted in Parcel Area
f-Fdl
w w I
I
R3 R2 N R1 €
1.33 AC F1.38 AC 0.72 AC
I
I u
I r
I
- - - - -- R13 R14
_ — — 035 AC
ILAI
R4 Setpacklncluded in Pa
1.64 AC
I I I
- -- I
in Parcel Area
m
o 5 ' so' Iw• za
RECOMMENDED INTEGRATED CONCEPTUAL DEVELOPMENT PLAN: JANUARY 2009 7
r e t(ti El PTA
! � D AFTER AGENDA
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING THE AIRPORT
BUSINESS AREA INTEGRATED CONCEPTUAL
DEVELOPMENT PLAN (PA2007 -170 & PA2008 -063)
WHEREAS, The Koll Company and Conexant have filed applications with
respect to their properties located within a portion of the Airport Area that is
generally bounded by MacArthur Boulevard, Jamboree Road and Birch Street;
and
WHEREAS, it is in the interest of the CitV of Newport Beach (the "City ") to
maximize its housing opportunities in a timely manner: and
WHEREAS, the applications seek approval of an Integrated Conceptual
Development Plan (Plan) for the Airport Area that will implement certain General
Plan Land Use policies; and
WHEREAS, a public hearing was held on November 20, 2008, in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at
which time the Planning Commission considered the Airport Business Area
Integrated Conceptual Development Plan. 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, including the evidence and arguments submitted by the City staff,
The Koll Company, Conexant, and all interested parties; and
WHEREAS, the Planning Commission reviewed and considered the
information in the Plan and in the full administrative record, including the General
Plan and voted to recommend the approval of the Airport Business Area
Integrated Conceptual Development Plan to the City Council, and
WHEREAS, a public hearing was held on January 13, 2009, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which
time the City Council considered the Airport Business Area Integrated Conceptual
Development Plan. 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, including the
evidence and arguments submitted by the City staff, The Koll Company,
Conexant, and all interested parties; and
WHEREAS, the City Council finds that the recitals set out above are true
and accurate and further finds that:
The Plan will ensure compatible and cohesive integration of new housing,
parking structures, open spaces, recreational amenities, pedestrian and
City Council Resolution No. ,
Paae 2 of 4
vehicular linkages, and other improvements with the existing non - residential
structures and uses.
The Plan is consistent with the General Plan, specifically Policy LU6.15.11,
which requires the preparation of a Conceptual Development Plan prior to
developing residential uses in the Conceptual Development Plan Area.
Approval of the Conceptual Design Plan, as required by the General Plan,
does not approve any particular entitlement or the development of any
specific number of additive or replacement units. Rather, the Conceptual
Development Plan is a required prerequisite for the preparation of entitlemenE
permitting documents required by the General Plan. These documents
include a Regulatory Plan and a Development Agreement. Subsequent to
City Council approval of the Conceptual Development Plan, each property
owner will be responsible to independently prepare and submit to the City the
proposed Regulatory Plan for their property. The Regulatory Plans will be
subject to an environmental and public review process as required by the City
and any additive or replacement units which may eventually be approved will
be fully analyzed as part of the environmental review process for the
Regulatory Plans.
3. The Plan complies with the General Plan Land Use Plan and implements
policies of the General Plan, including policies with regard to residential
village size, density of residential development and neighborhood parks.
4. The General Plan EIR (Screencheck No. 2006011119), certified by the
Newport Beach City Council on July 25, 2006, adequately addressed the
potential environmental impacts at build -out of the General Plan, inclusive of
the Airport Area. The General Plan figures and policies contained in Section
6.15 of the Land Use Element establish the criteria for location, size, density,
land use types, public and private open space and implementation process,
all of which were all of which were evaluated in the General Plan EIR. The
General Plan requires the preparation of a conceptual development plan prior
to development of residential uses on specific properties in the Airport Area
(LU 6.15.11). The proposed Plan complies with this policy and does not
propose any changes in the authorized development policies in the General
Plan. No entitlement or development of the additive or replacement units is
authorized by the approval of the Integrated Conceptual Development Plan.
Therefore, approval of the Integrated Conceptual Development Plan is
exempt from environmental review under Public Resources Code Section
21083.3.
5. No vested right is created in approving this Resolution by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DOES HEREBY RESOLVE AS FOLLOWS:
City Council Resolution No.
Paae 3
1. Approval of the Integrated Conceptual Development Plan is exempt from
environmental review under Public Resources Code Section 21083.3.
2_The Airport Business Area Integrated Conceptual Development Plan is
consistent with the General Plan policies and the City Council hereby
approves the Plan (Exhibit "A "), subject to the findings stated in this
Resolution.
Such amendment includes but is not limited to, the reallocation of some or all
additive residential units to other properties throughout the Plan area.
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 January
13, 2009 by the following vote to wit:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT COUNCIL MEMBERS:
ATTEST:
CITY CLERK
- Formatted: List Paragraph, Left, No bullets or
numbering, Hyphenate, Tab stops: Not at -0.5"
LAW OFFICES OF
STOWELL, ZEILENGA, RUTH,
VAUGHN & TREIGER LLP
2815 TOWNSGATE ROAD, SUITE 330
WESTLAKE VILLAGE, CA 91361
TELEPHONE (805) 446 -1496
TELECOPIER (805) 446 -1490
TELECOPIER COVER SHEET
"RECEIVED AFTER AGENDA
PRINTED:" X27 /•i3• auaq
RECEIVED
20 JAN 13 PH r 22
Trt �v UIRt
cffy C
THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS INTENDED AS A CONFIDENTIAL COMMUNICATION BETWEEN ATTORNEY
AND CLIENT. IT IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO
WHOM IT IS ADDRESSED. IF THE READER OF THIS MESSAGE IS NOT INTENDED RECIPIENT, OR THE EMPLOYEE. OR AGENT
RESPONSIBLE TO DELIVER R TO THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR
COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. 10 YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE
IMMEDIATELY NOTIFY US BY TELEPHONE. AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL
SERVICE,
January 13, 2009
THE FOLLOWING PAGES ARE FOR:
Name of Individual(s): Newport Beach City Council
City of Newport Beach
Ilomer Bludau, City Manager
City of Newport Beach
Sharon Wood, Assistant City Manager
City of Newport Beach
Leilani Brown, City Clerk
City of Newport Beach
Telecopier Number: (949) 644 -3039
From: Richard S. Zeilenga, Esq.
Re: Airport Business Area Integrated Conceptual Development
Plan
Message: Please see attached.
Total Number of Pages Including this Cover Sheet: p
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL BACK A.S.A.P.
TO (805) 446 -1496. THANK YOU.
SM LLP
DAVID T. STOWELL
RICHARD & ZEILENGA
DAVID C. RUTH
JAMES D. VAUGHN
ADAM 1C TEEIOER
SAMUEL E. GASOWSKI
PHILLIP B. SLOT
Via Telecopier and F. Mail
Newport Beach City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Fax :8054461490 Jan 13 2009 14:16
STOWELL, ZEILENGA, RUTH,
VAUGHN & TREIGER LLP
ATTORNEYS AT LAW
2315TOWNSGATE ROAD • SUITE 330
WESTLAKE VILLAGE, GA 91361
TEL: 1809) 4451496 • FAX: (805) 446 -1490
w w.azrlaw.cam
January 13, 2009
Re: Airport Business Area lntepxated Conceptual Development PI an
Dear Council Members:
P.02
OF COUNSEL
GARY W. SPENCER
This firm represents the City of Irvine. This letter is written to advise you,that the City of
Irvine objects to the current and continued processing by the City of Newport Beach ("City") of
the Airport Business Area Integrated Conceptual Development Plan (the Project "). The City of
Irvine's objections are based upon several violations of the California Environmental Quality Act
(CEQA). The Project is also inconsistent with several Newport Beach. General Plan policies, as
City Staff and the City's consultant, ROMA, have repeatedly admitted and then excused based on
vague references to the City's "intent" in adopting its 2006 General Plan.
Specifically, the City of Irvine takes issue with the attempt to evade detailed
environmental analysis by determining that the Project is exempt from CEQA compliance.
While the City contends that the proposed Project is consistent with the City's adopted General
Plan, that contention alone does not qualify the project for an exemption pursuant to Public
Resources Code 21083.3. Although the Integrated Conceptual Development Plan has been
prepared in order to satisfy a requirement of your General Plan Land Use Policy LU 6.15.11, it is
nevertheless "a project," under CEQA, requiring its own CEQA compliance. Moreover, reliance
on section 21083.3 for an exemption is only proper where the new project is "consistent'.' with
the General Plan. Cal. Code.Regs. § 15183(d)(1)(c). As indicated above, the Staff Report
concedes that the Project is not "consistent" with the General Plan in several areas, including
minimum residential village size (at least 10 acres) and minimum park size. The City has also
failed to prepare and circulate an initial study that would allow it to make the CEQA findings
required under section 21083.3, and CEQA Guideline section 15183(b) (which expressly
envisions use of an initial study).
Newport Beach City Council
January 13, 2009
Page 2
Here, the Project contains a great deal of detailed information, triggering CEQA's
requirement for more thorough environmental analysis. Furthermore, the analysis contained in
the 2006 General Plan EIR lacked the specificity of the actual location and development intensity
evident in the currently proposed Project and, therefore, could not possibly have addressed the
actual environmental impacts of the proposed residential development. To the extent the City is
attempting to "tier" off the prior General Plan EIR, it has not satisfied the requirements in the
CEQA Guidelines, sections 15152(c) and (f).
With the detailed information now available for the proposed Project, in depth analysis of
those specific impacts is required now, not later as part of future entitlement approvals, because
CEQA requires that project level environmental review occur as "early as feasible in the
planning process." See Berkeley Keep Jets Over the Bay Committee a Board of Commissioners
(2001) 91 Cal.AppAth 1344, 1358; and 14 Cal. Admin. Code § 15004(b)(3), stating: "With
private projects, the Lead Agency shall encourage the project proponent to incorporate
environmental considerations into project conceptualization, design, and planning at the earliest
feasible time." Here, the Project is a very detailed "con plan" requiring CEQA
compliance prLor to Project approval."
The City's proposed environmental exemption under PRC section 21083.3 circumvents
the requisite analysis and amounts to an improper deferral of the analysis to subsequent
environmental review, constituting a piecemeal approach that violates the fundamental precepts
of CEQA, The City of Newport Beach is also essentially pre- committing to approve the
Project's entitlements (i.e., the Regulatory Plan and Development Agreement), prior to
completing an EIR for the Project, which also violates the basic tenets of CEQA. See Laurel
Heights Improve m ent A ssoe. v. Regents of th e University of California (1988) 47 Cal. 3d 376,
394; and Natural Resource Defense Counsel v. City of Los Angeles (2002) 103 Ca1.App.4th 268,
271 -272_
The proposed Project plan includes very specific information regarding the location and
size of distinct residential development sites within the Project area. Some of the areas identified
are as small as 0.27 acres (less than 12,000 square feet) with as few as seven dwelling units.
This level of micro detail indicates a very refined level of planning that requires detailed
environmental analysis 126or to any discretionary approval. Furthermore, some of the Project
sites identified include a combination of residential and commercial uses on the same small site,
which pose challenges from a land use compatibility standpoint and can present unique conflicts
between residents and business owners relating to noise, odors, delivery hours, and hours of
operation. Many of these conflicts could easily be characterized as environmental impacts that
would require analysis and detailed mitigation measures. Such impacts require preparation of a
Project level OR and CEQA findings regarding the adoption of all feasible mitigation measures
to reduce impacts to a level of less than significant. See e.g., .Public Resources Code § 21002.
Additionally, while the Project Plan discusses converting existing parking lots into
residential development parcels, there is no discussion of how (or even if) the parking stalls lost
2009 14 :16 P.04
Newport Beach City Council
January 13, 2009
Page 3
would be replaced. This is especially important with respect to the Koji parcel as the Plan
indicates that several existing office buildings will remain. This specific issue was not addressed
in the City's 2006 General Plan EIR, and therefore must be analyzed now in a project level FIR.
The level of detail contained in this proposed Project Plan is essentially equivalent with
the level of detail that one would expect in the future Regulatory Plan, which the Staff Report
states would be subject to an "environmental and public review process." In fact, the Project plan
governs any future entitlements. See text of proposed Plan, stating: "Regulatory Plans must be in
substantial compliance with the Integrated Conceptual Development Plan, particularly in terms
of the number and density of residential units." (See Airport Business Area Recommended
Integrated Conceptual Development Plan for Kol1 and Conexant Properties [November 2008], p.
4.)
With the degree of specificity contained in the Project (which was apparently absent
during the consideration of the 2006 General Plan update), there are a number of :factors that
warrant more detailed environmental analysis with the introduction of residential development in
a traditionally non - residential setting. Land use compatibility, exposure to hazardous materials,
human health risk assessments, aesthetics, air quality, noise, recreation, traffic, and airport
proximity are all serious environmental considerations that merit immediate analysis in
conjunction with the consideration of the Project. See attached Exhibit A (Memorandum of City
of Irvine Planting Department).
City Staffs assumptions regarding the Project's traffic impacts are also particularly
troubling. For example, City Staff simply assumes — without any analysis or supporting data —
that replacing current non - residential uses (e.g, office) with new residential units is essentially
"a wash," with respect to vehicle trips. The Planning Commission Staff Report states: "All but
$50 of these units [the 2,200 units of housing allowed by the General Platt) must replace existing
development so that there is no net gain of vehicular trips." City Staff has not provided any
technical justification to support this assumption md, depending upon the circumstances, it could
be erroneous for several. reasons. See attached Exhibit B (Memorandum prepared by City of
Irvine's Supervising Transportation Analyst). Moreover, the traffic impact from 550 new
"additive units" must also be analyzed and mitigated. These traffic issues must be addressed in a
project level traffic study and Project EIR.
Even if the level of detail shown in the Project Plan was available back in 2006, and the
General Plan EIR actually addressed these details as potential environmental impacts, the
proposed exemption would be an improper action. The more suitable environmental
documentation, under those circumstances would be a Focused EIR or a Subsequent EIR, to
supplement the general information in the General Plan Elk
Not only is City Staffs recommended action an improper deferral of CEQA compliance
and mitigation, it is also inappropriate to rely on a 2006 environmental impact report document
when conditions in the surrounding environment have dramatically changed since 2006, as the
Sc &K LLF Fax :8054461490 Jan 13 2009 14 :17 P.05
Newport Beach City Council
January 13, 2009
Page 4
City of Newport Beach has itself argued in recent correspondence to the City of Irvine, and in
other official statements. A number of projects both within and outside Newport Beach's
jurisdiction have been approved since 2006 and should be appropriately included in a cumulative
impact analysis within the context of a new EM See attached Exhibit C (cumulative projects
Est). The City may not rely upon section 21083.3 to excuse a cumulative impacts analysis not
adequately discussed in the prior General Plan EIR. See 14 Cal. Code Reg$. § 151830).
At any rate, the proposed Project clearly has the potential to cause significant
environmental effects, regardless of its consistency with, or implementation of, policies
contained in the City's 2006 General Plan. These impacts could not be — and were not —
identified or analyzed as part of the 2006 General Plan EIR. This clearly renders improper the
use of Public Resources Code Section 21083.3 to justify an exemption from CEQA.
In addition to the failure to comply with CEQA, the Project is further compromised by
the existing deficient status of the Housing Element of the City of Newport Beach General Plan.
To approve a Project that involves the construction of 948 new residential dwelling units at a
time when the City's housing Element has been declared invalid, raises serious concerns
involving violations of State Housing Law.
We urge the City Council of the City of Newport Beach to table any consideration of the
proposed Project until such time as a thorough and appropriate environmental analysis can be
prepared, properly circulated for public review, and finalized. The Project should also not
proceed until the various inconsistencies between the proposed Project and the City's General
Plan policies (e.g., minimum residential neighborhood size and minimum park size) are
remedied, such that the Project is consistent with the specific mandates in the City's General
Plan.
If the City Council approves the Project, we request prompt transtnission of a copy of any
Notice of Determination that the City may file.
RSZ:bsm
Enclosures
cc: Homer Bludau, City Manager
Sharon Wood, Assistant City Manager
Leilani Brown, City Clerk
SZ &R LLP Fax :8054461490 Jan 13 2009 14:17 P.06
Memo
TO:
Tim Gehrich, Manager of Development Services
FROM:
Michael Philbddx, Senior Planner
DATE:
January 13, 2009
SUBJECT:
Land Use Planning Concerns
In reviewing the proposed Airport Business Area Integrated Conceptual Plan proposed by the
City of Newport Beach, I am compelled to point out that there appears to be little concern or
recognition in the plan for the potential land use conflicts when residential development is
introduced into a traditionally non-residential atmosphere. These potential conflicts are further
exacerbated by the proximity of a medium -scale regional and general aviation airport.
Having been involved with the review, environmental analysis, and entitlement of several
residential urban infill projects within the Irvine Business Complex (IBC), I am familiar with the
friction, discord, and conflict that can result when residential uses are introduced and interspersed
in and among established riot- residential uses. Conflicts can arise from both the residential
tenants that will ultimately occupy these residences and quite likely as well from the non-
residential land owners or business operators. It has been my experience that as the transition
from non - residential to a mixed use environment that includes residential uses occurs, the non-
residential users begin to feel threatened and seek to protect their ability to conduct business as
they have in the past.
Typical concerns that are routinely present in the interface between residential and non-
residential development are noise, odors, vibrations, dust, delivery hours, and overall hours of
operation. These are all factors that play into the issue of land use compatibility and more
importantly, environmental effects. The ambient noise present in the current environment in the
Airport Business Area, characterized primarily by traffic noise and noise impacts augmented by
airport operations at John Wayne Orange County Airport is a factor that requires detailed
analysis to determine how such noise can be property mitigated for sensitive receptors such as
new residential dwelling units. Furthermore, noise from routine daytime operations as well as the
potential for additional nighttime noise generated by various retail, dining and entertainment uses,
and late night non -residentiai delivery operations is often a source of land use incompatibility and
typicalty requires detailed analysis to ascertain the nature and extent of the impact along with
proper and effective mitigation measures.
The potential for serious environmental impacts for a sensitive receptor (such as a residential
use) within an established non - residential environment is high and should not be ignored. In a
planning effort such as this, land use compatibility as evidenced by environmental factors such as
noise, air quality and exposure to hazardous materials should be a paramount consideration.
EXHIBIT A
SZ &R LLP Fax :8054461490 Jan 13 2009 14 :17 P.07
January 13, 2009
TO: Tim Gehrich, Manager of Development Services
FROM: Sun -Sun Murillo, Supervising Transportation Analyst
SUBJECT: .Public Works Department Traffic Comments on Newport Beach
City Council Staff Report for Newport Beach Airport Business Plan
Project
The City of Newport Beach action at the City Council meeting on Agenda Item 27
is to approve a general plan amendment to change land uses in the Airport
Business Area.
The following is submitted to document our concerns on traffic-related issues in
the staff report.
The claim that mthere is no net gain of vehicular trips" has not been substantiated
with any supporting technical documentation.
Depending upon the amount and type of square footage removed, there can be a
significant impact resulting from the replacement of non - residential uses with
residential uses, in addition to new proposed residential units.
The traffic impacts of the changes in land use and the additive 550 dwelling units
must be analyzed and mitigated at this time. These traffic issues must be
addressed in a project level traffic study and Project EIR.
OQ
Sun -Sun T. Murillo, P.E.
Supervising Transportation Analyst
Cc: Manuel Gomez, Public Works Director
Joyce Amerson, Deputy Director of Public Works.
Kerwin tau, Project Development Administrator
Timor Rafiq, Rafiq & Associates, Inc.
EXHIBIT B
SZ &R LLP Fax:8054461490 Jan 13 2009 14:1b r.U6
Proiects Approved and/or Developed Since 2006
City of Irvine
1. The Park Apartments (Spectrum) - 1,456 dwelling units
2. Shady Creek — 152,700 square feet
3. The Plaza — 307 units
4. Pacifica Office towers — 628,154 square feet
5. Park Place office building — 542,054 square feet
6. Hines Office Development — 785,000 square feet of office + 15,500 square
feet retail /restaurant
7. Aloft Hotel — 170 rooms
8. Springhill Suites Hotel — 132 rooms
9. Planning Area 40 — 3,918 to 5,227 units (plus 1,540,000 square feet of
non - residential intensity)
City of Tustin
10. Tustin Legacy
EXHIBIT C
Authorized to Publish Advertisements of all kinds including public notices by
Decree of the Superior Court of Orange County, Califomia. Number .A -6214,
September 29, 1961, and A -24831 June 11, 1963,
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. ! am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
January 3, 2009
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on January 6, 2009 at
Costa Mesa, California.
Signeure
RECEIVED
1Q9 jp,11 -9 pal 9: 22
O�r. AGE Or
THE CiTY CLERK
CITY OF N'WPORT EACH
NOTICE IS HEREBY GIVEN that un ram
13, 2009, at 7:00 p.m.. a pubiic hearing
be conducted in the City Council Chain
(Building A) at 3300 Newport Boulevard, P
port Beach, California. The City Council of
City of Newoort Beach will consider the folio
1 Conceptual Development Plan (COP) requii
General Plan policies, for a portion Of
port Area that is generally bounded
¢Arthur Blvd, Jamboree Road and Bi
het.
the consideration o a COP is exempt it
e environmental review w under Public plies Resour
v
ode Section 21083.3. policies The CBP complies v
, implements polies of the General F
rich were evaluated in o the General F
ly25. 2OD6 Impact Report (Gen), certified
ly 25. able Copies of the General Plan
e available for public review and inspect
the Planning Department. City p t Bei
inch, 3300 Newport IR(s) will Newport r e:
oredot Separate ng do will is prepared
ore detailed planning documents for deve
ant in the Cow area, when additional data
rail able to allow for full environmental revive
All interested parties may appear and prie
sllenge in regard to this application. If
noted this project in court. you may
mn,o to raising only those issues you
rmeone else raised the public hen
Iescribed in this notice) or it written
), aspoodence
pub delivered to he City, a6 or 1
1, the public hearing. The ache C and '
•port may be reviewed ea the City New Clc
nuh,City a Newport Beach, 3300 New
nulevard. Newoort Beach, California. 9266
ww.Aly.eewporl�eoHt.m.os on mr
prior to the hearing. For more mf
ry
ill (949) 6443200.
Project File Nos.: PA2007 170 and PAi
Zorre: Noll Center Planned Community
Geo,i Plea: Mixed Use Horizontal (
Applkxmis: The boll Company and Cc
Leilani I. Brown.
City of New{
P Nkfied Newoort Beach /Costa Me