HomeMy WebLinkAbout27 - GPA Initiation for Newport Beach Country ClubCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 27
August 11, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Rosalinh Ung, Associate Planner, 949 - 644 -3208
rung (a n ewportbea ch ca. g ov
SUBJECT: Reconsideration of General Plan Amendment Initiation (G12009 -001)
Newport Beach Country Club (PA2005 -140 & PA2008 -152)
ISSUE:
Should the City Council rescind the General Plan Amendment initiation for the Newport
Beach Country Club renovation?
RECOMMENDATION:
If deemed appropriate, rescind the City- initiated General Plan amendment by adopting
the attached resolution (CC6).
DISCUSSION:
On January 27, 2009, the City Council initiated a General Plan Amendment to amend
Anomaly No. 74 of Table LU2 to increase the development limit from 35,000 to 55,500
square feet for the development of a new golf clubhouse (Attachments CC1 & 2).
Two competing applications for development of the new golf clubhouse have been
submitted. The application filed by the property owner, Golf Realty Fund, seeks to
increase the development limit from 35,000 to 36,000 square feet to accommodate a
proposed 35,784 square -foot clubhouse, including meeting and dining facilities, pro -
shop, administrative offices and locker facilities. The application filed by the lease
holder, International Bay Club, seeks to increase the development limit from 35,000 to
55,500 square feet to accommodate a 52,000 square -foot clubhouse with similar
ancillary uses.
After the City Council initiated the amendment, staff was informed that Golf Realty Fund
and International Bay Club were in the process of resolving their differences related to
Newport Beach Country Club GPA Initiation
August 11, 2009
Page 2
who has the right to develop the golf clubhouse on the subject property. However, there
is no indication that this matter has been resolved by these parties.
On June 24, 2009, a letter (Attachment CC3) was sent to both applicants advising them
of staffs concern that processing a City- initiated General Plan amendment that relates
to two competing applications is not in the best interest of the City. Staff also informed
the applicants that in the event an agreement could not be reached within thirty (30)
days, staff would bring this matter before City Council for reconsideration. To date, no
agreement has been reached between the applicants (Attachments CC4 & 5). Should
the City Council desire to rescind the City- initiated General Plan amendment, the
applicants would need to pursue their own individual General Plan Amendment
applications. A draft resolution is attached for the City Council consideration
(Attachment CC6).
Environmental Review:
A General Plan amendment initiation or its rescission is considered to be either a
feasibility or planning study, which is statutorily exempt pursuant to Section 15262 of the
Implementing Guidelines for the California Environmental Equality Act.
Public Notice:
Notice is not required for the reconsideration of a General Plan Amendment initiation.
This item was included on the agenda for this meeting that was posted at City Hall and
on the City's website. A copy of this report is being sent to each applicant.
Prepared by:
o alinh M. Ung, Asgociate Planner
Submitted by:
�✓ell/
David Lepo, Plan g Director
Attachments: CC1, City Council Initiation Resolution & Minutes Excerpts of January
27, 2009 Meeting
CC2. City Council January 27, 2009 Staff Report
CC3. June 24, 2009
CC4. Golf Realty Fund Letter dated July 27, 2009
CC5 International Bay Club Letter received July 31, 2009
CC6 Draft Resolution
Attachment No. CC 1
City Council Resolution and
Minutes
RESOLUTION NO. 2009- 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH INITIATING A GENERAL PLAN
AMENDMENT TO AMEND ANOMALY NOS. 46 AND 74
OF TABLE LU2 OF THE GENERAL PLAN LAND USE
ELEMENT (G12009 -001).
WHEREAS, City Council Policy K -1 requires that City- sponsored amendments
to the General Plan be initiated by the City Council; and
WHEREAS, the purpose of this proposed General Plan Amendment is to adjust
the development limit allocations in order to accommodate the renovation of the
Newport Beach Country Club; and
WHEREAS, on January 27, 2009, the City Council considered initiating an
amendment to Land Use Element of the General Plan; and
WHEREAS, initiating the General Plan Amendment qualifies for a Statutory
Exemption pursuant to 15262 Feasibility and Planning Studies of the Implementing
Guidelines of the California Environmental Quality Act (CEQA); and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Newport Beach hereby initiates a General Plan Amendment to amend Anomaly Nos. 46
and 74 of Table LU2 of the General Plan Land Use Element.
PASSED, APPROVED AND ADOPTED THIS 27th DAY OF JANUARY, 2009.
i
l
ATTEST:
!
uWv-
CITY CLERK
MAI''ON
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH 1
I, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2009 -2 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of
January 2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Gardner, Daigle, Mayor Selich
Noes: Webb
Absent: None
Abstain: Curry
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 28th day of January, 2009.
(Seal)
City Clerk j
Newport Beach, California
%,Ily I,UUIRAI r-lU Uldl IVICCU11J
D. CONTRACTS AND AGREEMENTS
rage a or .i s
7. PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC.
FOR ENVIRONMENTAL SERVICES ON CITY HALL MASTER PLANNED
FACILITY. [381781100 -2009] Approve the Professional Services Agreement with
LSA Associates, inc., and authorize the Mayor and City Clerk to execute the
agreement.
Staff Report
S. LIDO ISLE STREET REHABILITATION (C -4096) - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH WALDEN &
ASSOCIATES FOR DESIGN SERVICES. [381100 -2009] Approve a Professional
Services Agreement with Walden & Associates of Irvine, for design of final
construction plans for Lido Isle Street Rehabilitation at a not to exceed price of
$99,420, and authorize the Mayor and City Clerk to execute the Agreement.
Staff Report
11. 2008 -2009 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM
(C4072) - AWARD OF CONTRACT. [381100 -20091 a) Approve the project plans
and specifications; b) award the contract (C -4072) to Grigolla & Sons Construction
Company for the total bid price of $554,145.50, and authorize the Mayor and the
City Clerk to execute the contract; and c) establish an amount of $55,400 (10% of
total bid) to cover the cost of unforeseen work.
Staff Report
It was moved by MaVOC Pro Tem Curry, seconded by 0, to approve the Consent Calendar,
except for the items removed (4, 6, 9, 10, and 12).
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor Selich,
Council Member Daigle, Council Member Rosansky, Council Member Henn
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
4. VESSEL ANCHORING IN THE PACIFIC OCEAN. [100 -2009]
Staff Report
In response to Dick Nichols' question, Council Member Gardner explained the regulations.
It was moved by Council Member Webb, seconded by 0, to adopt Ordinance No. 2009-
2 amending Sections 17.01.030, 17.20.020, 17.20.050, 17.25.020, 17.45.020 and 17.45.030 of
the Newport Beach Municipal Code.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Mayor Pro Tem Curry, Council --Member Webb, Mayor
Selich, Council Member Daigle, Council Member Rosansky, Council Member Henn
61 NEWPORT BEACH COUNTRY CLUB (PA20050140 & PA2008 -152) - GENERAL
PLAN AMENDMENT INITIATION (GI2009 -001) TO AMEND ANOMALY NOS. 46
AND 74 OF TABLE LU2 OF THE GENERAL PLAN LAND USE ELEMENT IN
ORDER TO ACCOMMODATE THE RENOVATION OF NEWPORT BEACH
COUNTRY CLUB. [451100 -20091
http:// newportbeach. granicus. com/ MinutesViewer ,php ?view_id= 26 &clip_id =900 07/31/2009
luny k VU11k;11 RCy U1a1 IVIVUL111y
Staff Report
r-aye -+ UI 10
Mayor Pro Tem Curry stated his abstention on this item since he is a membe of the Newport
Beach Country Club.
Council Member Webb expressed concern about the magnitude of the proposed size increase
of the clubhouse. Planning Director Lepo provided a history and detail of the proposed
project and explained that the applicant's vision is to upgrade the current facility to create a
venue for upscale tennis tournaments by providing first -class overnight accomodations.
Therefore, the applicant requested that the General Plan be amended to replace 17 of the 24
existing tennis courts with five residential and 27 detached dwelling units.
In response to Council Member Gardner's question, Planning Director Lepo stated that
Council's approval would only initiate the General Plan Amendment and allow staff to begin
the planning and research for the project. He noted that further findings would be presented
to the Planning Commission and Council before any construction.
Council Member Webb stated his concern that other public tennis courts may be heavily
impacted by allowing the removal of 17 of the 24 tennis courts. Council Member Gardner
commented that, as a tennis player, her observation is that many of the public tennis courts
are not being used and she felt that the proposed amendment should not negatively impact
the public.
It was moved by Council Member RpAansky seconded by 0, to adopt Resolution No.
2009 -2 to initiate a General Plan Amendment.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member
Gardner, Council Member Daigle
Noes: Council Member Webb
Abstain: Mayor Pro Tem Curry
9. COMMUNITY YOUTH CENTER (CYC) REHABILITATION (C -3959) - AWARD OF
CONTRACT. [381100 -2009]
Staff Report
Dick Nichols requested an explanation of the usage for the proposed bid amount and
suggested that staff add an electrical services requirement to the project plans. Council
Member Webb read the itemized list of proposed improvements, as listed in the staff report.
It was moved by Mayor Pro Tem Curry seconded by 0, to a) approve the project plans
and specifications; b) award the contract (C -3959) to TBC Contractors Corporation for the
total bid price of $820,700, and authorize the Mayor and City Clerk to execute the contract;
and c) establish an amount of $122,300 (15% of total bid) to cover the cost of unforeseen
work.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor
Selich, Council Member Daigle, Council Member Rosansky, Council Member Henn
10. COMMUNITY YOUTH CENTER (CYC) PARKING LOT REHABILITATION (C -4132)
- REJECT ALL BIDS. [381100 -2009]
Staff Report
http:// newportbeach. granicus. com/ MinutesViewer .php ?view_id= 26 &clip_id =900 07131/2009
Attachment No. CC 2
City Council January 27, 2009
Staff Report
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
January 27, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Roselinh Ung, Associate Planner, 949- 644 -3208
rung@city.newport-beach.ca.us
SUBJECT: General Plan Amendment Initiation (G12009 -001)
Newport Beach Country Club (PA2005 -140 & PA2008 -152)
ISSUE:
Should the City initiate a General Plan Amendment to amend Anomaly Nos. 46 & 74 of
Table LU2 of the General Plan Land Use Element in order to accommodate the
renovation of the Newport Beach Country Club?
RECOMMENDATION:
Staff recommends the City Council initiate a General Plan Amendment by adopting the
attached resolution.
DISCUSSION:
The Newport Beach Country Club has General Plan Land Use designations of
Recreational and Environmental Open Space for the tennis club site with an allotment of
24 tennis courts and Recreational and Environmental Open Space for the 132 -acre golf
course site with no specific development limit.
During the General Plan 2006 Update, representatives of the Newport Beach Country
Club indicated their intent to renovate the existing golf and tennis facilities by
constructing new golf and tennis clubhouses and providing short -term rental and
residential opportunities. The City, in response, agreed to consider their request and
subsequently re- designated the tennis club site as Mixed Use Horizontal 3/Park and
Recreation (MU- H3/PR) with a development limit of 24 tennis courts and the potential
for commercial and residential developments per Anomaly No. 46. The golf course site
was designated as Park and Recreation (PR) with a development limit of 35,000 square
feet per Anomaly No. 74.
Newport Beach Country Club GPA Initiation
January 27, 2009
Page 2
The development limits included in the Anomaly table do not correctly characterize
the extent of redevelopment as was intended at the time the General Plan was adopted.
As a result, staff is requesting the following amendments to Anomaly Nos. 46 and 74:
Anomaly No. 46 (Tennis Club Site):
• Remove 17 of 24 tennis court (7 tennis courts remaining);
• Add 27 hotel units (for visitor-serving short-term rental units);
• Increase development limit from 3,725 to 10,500 square feet to accommodate a
new clubhouse with spa/fitness facility; and
• Allocate 5 of the 450 residential units allowed in the Newport Center/Fashion
Area (20 units are remaining at this time)
Anomaly No. 74 (Golf Course/Club Site):
Increase the development limit from 35,000 to 55,500 square feet to
accommodate a new clubhouse with ancillary uses.
Environmental Review:
A General Plan amendment initiation is considered to be feasibility or planning study by
staff, which is statutorily exempt pursuant to Section 15262 of the Implementing
Guidelines for the California Environmental Equality Act.
Public Notice:
Notice is not required to initiate a General Plan Amendment. Should the request be
approved, there will be noticed Planning Commission and City Council public hearings.
This item was included on the agenda for this meeting which was posted at City Ball
and on the City's website.
Prepared by:
: R link M. Ung, Ass cin a Planner
Submitted by:
�-7
David Lepo, Planning Director
Attachments: 1. Draft City Council Resolution
2. Table LU2 Anomaly Locations
ATTACHMENT 1
DRAFT RESOLUTION
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH INITIATING A GENERAL PLAN
AMENDMENT TO AMEND ANOMALY NOS. 46 AND 74
OF TABLE LU2 OF THE GENERAL PLAN LAND USE
ELEMENT (G12009 -001).
WHEREAS, City Council Policy K -1 requires that City- sponsored amendments
to the General Plan be initiated by the City Council; and
WHEREAS, the purpose of this proposed General Plan Amendment is to adjust
the development limit allocations in order to accommodate the renovation of the
Newport Beach Country Club; and
WHEREAS, on January 27, 2009, the City Council considered initiating an
amendment to Land Use Element of the General Plan; and
WHEREAS, initiating the General Plan Amendment qualifies for a Statutory
Exemption pursuant to 15262 Feasibility and Planning Studies of the Implementing
Guidelines of the Califomia Environmental Quality Act (CEQA); and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Newport Beach hereby initiates a General Plan Amendment to amend Anomaly Nos. 46
and 74 of Table LU2 of the General Plan Land Use Element
PASSED, APPROVED AND ADOPTED THIS 27th DAY OF JANUARY, 2009.
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
4
ATTACHMENT 2
TABLE LU2 ANOMALY
LOCATIONS
5
Table
L 2 Aiiomaly
Locations
74,000
65
...
CN
80.000
r •ate . ".�..
.::
CN
138 500
5
h:.` $et
t Cv.r .
34
Lt
C0 R ...:
48434.6
35
...
36
Lt
CO R
227,797
37
L1
COR
131,201;
2050:TheaterSeats(notind ded,
u :(otal square footage)
38
L7
GO -M
443,62.
39
L1
MU-H37::
408,00
40
L1
MU H3
1,426,634
425 Hotel Rooms (included in :"
total,Square Poota") -
41
L1
00-R
327,671
42
Ll
CQ R
286,1fi6
43
Li
CV
611 Hotel Rooms'
44
0
CR
1,619,525
1,700 Theater-Seats(notincluded
in -total square }footage)
45
L1
C0 G
182,364.
40:::_11
Lt
MLI H31PR :
3,725:
24 Tennis Courts
Resident al permitted
i.
accordance nsth MU
-H3-
47
L1
CG
105,000
49
Lt
MU H3 .:..
337,261'
49
L1
PI
45,203
50
L1
CG
251000:.
51
. Kt
PR
20,000'.:
52;..
Kt
CV
479 Hotel Rooms
53
K1
See SgWementAgreement ,
j
CM
2,000':
55
143
PI
1: 1944 0
In n0 event shall the total
56
p3
?I
1,343,238
990,349 sf Upper Campus
combs redyross flooY area 01
577;889 sf Lower Campus
both campuses exceed -(he
development limit
1,343;238 sq. ft.
" 57
in 66MIl
rEllank ,
58
J5
PR
20,0W
157 Hotel Rooms and 144
59
H4
Mu-vvl
487,402:
Dwelling Units (included in -total
square footage)
60
N
CV
21660,000
2,150 Hotel Rooms (included in
total square footage)'
125,000
62
L2
CG
2;300
63
. ' GI
CN
66000'
64.
M3
CN'.:
74,000
65
M5
CN
80.000
66:
J2
CN
138 500
6'F.
02'
PI
20,006
An
Y..
68 ` 13
Fl; 79,150;
75,900::..
70
D2
RM -4
Park55iclutelotly
[filar (Nuf%sitlenll lints
71
Lt
CC-,G
11,630:
7�
:L1
=cow
73.
A3
CO M
3a0 =P0D
74
t1
PR
35,060:,
LU'Q,2
ProhibitionofNewResidentialSubdivisians;
Prohibit nm vesidennal sui divisions that wonld realt in:addliional
dwefking units cress autht>tiEed by an Rmendtrietit of tile. renexal Pest'
GPA'
( a.: Lt1.ts that have peen legally merged thrauh the 5ttdlyieaan.
Ad, anf9 Cit Sladivision Code approvals are esttr�t #Ion: the.CxPA'
terlixiretnent acrd may be re subdivided to the orinal uaxd rlying'legal
lots. 'T€?ts policy is' apphcable to ail Sin e # }ni 'J c o [brit, and Ivfittt#ple�
tlnitiiestdential land use categatt s. (1t7 U ?)
LU 4,3
Ttarisfgr;ofDe =elalrme»tl2ight
PextnirI!e transfer of development rt its tram:a prop it3, to ane at
more other properties when:
a. Lhe -dams and reteiversires are wid to ehe'satrie Statistical, tea
b. The: rtdtaced: densit 11tensity on tlu dattar'sit� provides benefits:
to'tlae i1tV "SllClt a & =' tilt not 1U171Ted Ca= the (1). }BkQD
}p`t'UY
y_o
CRiL.'d. ardLilaYy E]pen Space; pnblS visual cEjTP1C14r +'"�= pa$ay�a1g' or' atiAG`(` .. .
sit ties, f2) oresuvatton of an tustoric bulclinp ox'gropetry of
natural landgcapex; r3 nnpraoerrtent of the area's ,.scale ahzl;
developmenr`,character;i caeasolidatitn of lr {S to achieue a better:
architectural •:design than touid be iOhi ed9 'tt* thaut list'•
cansalidation;,and /or (5), reducttoti of lo'cak vehicle tt2ps =and eraffi
conesti on; :
c. the` im- tement of growth transtetted tt the xeceiesz site<
complement? and i, in scale with sutroc rt, lag development;
. eonlpIies with eomrnunity character and,Aesign policies `c'ontained9
ui'this Plan; and does. not mat rally degrade local tt8fftc conditions
and enVirontnental quality.
d. Transfer of Dcvelopmcnt- Ri its in .�eivpatt Tenter i's,gocerned by
Policv'('143 (Imp 2.1,5.t, 1{0,21
Attachment No. CC 3
June 24, 2009 Letter
CITY OF NEWPORT BEACH
June 24, 2009
Mr. Robert 0 Hill
Golf Reality Fund, LP
One Upper Newport Plaza
Newport Beach, CA 92660
Perry W. Dickey, President(COO
Intemational Bay Clubi Inc;
1221 W Coast Hwy.
Newport Beach, CA 921663-50261
RE- NEW.PORT.BEACH. COUNTRY CLUB
PA2005-114.0 & PA2008-152
Dear Mr. 0 Hill and Mr. Dickey:
As you are aware, the City currently has two competing applicab.on.s for the development
of a clubhouse at the property located at 1600 Coast Highway in.the City y of Newport
Beach zC.Property"). The application lication, filed by International Bay Club (1BC ") seeks to
increase the .development li:R from 35,000 sq. ft. to 52,000 so; ft. to accommodate a
in
51;213 sq. ft. clubhouse including meeting and dining facilities, prom-shop, administrative
offices and locker facilities. The application. filed by Golf Reality I Fund ("ORF) is seeking
th
to increase the development limit. from 35,000 sq. ft. to 36,000 sq. ft. , to accommodate. the
p , roposed 35,784 sq. ft. clubhouse incl�ding meeting and dining facilities, pro=shop,
administrative offices and locker facilities.
On January 27, 2009, the City initiated a General Plan Amendment to, among other
things, amend Anomaly No. 74 of Table LU2 to increase the development limit from
35,000 sq- ft. to 52,000 sq. ft. ("General Plan Amendment!).
The City has been informed that IBC and GRF are in the process of working out their
differences related to Who has the right, to develop the clubhouse. on the Property.
However, because the City has competing applications for the development of the
Property, City staff has determined. that processing a City initiated General Plan
Amendment that relates to two competing applications is not in the best interest of the
City. Therefore, if IBC and GRF do not resolve their differences related to the
development of the clubhouse and agree to process a single application within thirty (30)
calendar days, City staff will recommend that the City Council reconsider its decision to
initiate and pursue the General Plan Amendment at a City Council meeting.
City Ball • 3) 100 Niewport Boulevard • Post Office Box. 1.768
N'e-,vport Beach California 92(58 -8915 - <vAx w.city.newport-beach.ca,us
Mr. Robert 0 Hill
Perry W. Didkey, Pr6sidentICOO
June 24, 2662
Page 2
The City hopes that 113C. and GRIF can reso . Ive their -differences and come up with a single
develODment. plan that works for 611 parties. If the City can help facilitate a compromise,
please do not hesitate to contact me.
Sincerely,
Sharon Wood,
Assistant City Manager
Attachment No. CC 4
Golf Realty Fund Letter dated
July 27, 2009
July 27, 2009
HAND- DELIVERED TO:
Sharon Wood, Assistant City Manager
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
RE: NBCC — Planned Community
PA2005 -140 & PA2008 -152
City - Initiated General Plan Amendment
Dear Ms. Wood:
GOLF REALTY FUND
ONE UPPER NEWPORT PLAZA
NEWPORT BEACH
CALIFORNIA 92550
(949) 251 -2025
(949) 251 -2055 FAX
Thank you for your letter of June 24, 2009, which we received on June 28, 2009.
Property Owner supports and agrees with the statement in your letter that "City Staff has
determined that processing a City initiated General Plan Amendment that relates to two
competing applications is not in the best interest of the City." We believe that a City
initiated General Plan Amendment to accommodate IBC's recently proposed golf
clubhouse, which is approximately 20,000 square feet larger than allowed under Anomaly
74 in the November 2006 voter - approved General Plan and 35,000 square feet larger than
the existing golf clubhouse, is not in the best interest of the City for the following five
primary reasons:
1) Costly Greenlight Vote & Traffic Impact The current City initiated General
Plan Amendment to accommodate IBC's huge golf clubhouse with enormous
banquet facilities would result in approximately 20,000 square feet being
added to the L Statistical Area for Newport Center, which would trigger a
costly, contentious and time- consuming Greenlight Vote by the citizens of
Newport Beach. Our PA2005 -140 application, which does not require another
General Plan Amendment, actually reduces existing peak hour trips.
2) Golf Parking Landscape Buffer. IBC's recently proposed golf clubhouse has a
much larger footprint and requires considerably more parking. The additional
parking and larger development footprint take up substantially more
landscaped open space. For example, the proposed IBC Site Plan shows a 14
foot -wide landscape buffer along approximately 650 linear feet of Pacific
Coast Highway adjacent to a very large, minimally landscaped golf club
parking lot. However, the Planned Community Master Plan that was
developed approximately 15 years ago and shown on our PA2005 -140
application shows a landscape buffer and berm ranging from 24 to 70 feet in
width along approximately 6501inear feet of Pacific Coast Highway. In
addition, we provide, considerable landscaping within a smaller parking lot,
which provides more than enough required parking. The buffer/berm along
Pacific Coast Highway as proposed in PA2005 -140 was established after
considerable discussion with interested parties and consultants to screen the
golf club parking lot from the traffic on Pacific Coast Highway and the Irvine
Terrace exit. The loss of approximately 61,177 square feet (1.4+ acres) of
landscaping buffer in the golf club parking area from the NBCC Planned
Community Master Plan would have a significant negative aesthetic impact
from Pacific Coast Highway and from the Irvine Terrace exit.
3) Delay City Bed Tax & Sales Tax Revenue. The delay caused by another
General Plan Amendment and redo of the NBCC Planned Community Text
would result in the redo and change numerous plans, maps, exhibits, studies
and the Planned Community Text. This will result in, further delaying the
completion of The Bungalows, resulting in further delay in the City receiving
the estimated $1 Million in bed tax per year plus the City's share of the sales
tax from the taxable purchases within the City made by guests staying at The
Bungalows.
4) Comprehensive Planning. Approximately 15 years ago I was told by the City
Planning Director that the Golf Club and Tennis Club properties we owned in
Newport Center needed to be planned together with a Planned Community
zoning text to ensure harmony and continuity of landscaping, signage,
architecture, walkways, street and parking lot lighting and uses. I was told
that good land planning avoids piecemeal planning and avoids creating a
"hodgepodge" of architectural elements and poor comprehensive design. We
worked with all vested and interested parties to develop a plan that addressed
their needs and concerns — including IBC — which resulted in a quality,
comprehensive plan complementary and enhances the Newport Center —
California Coastal setting. Now — after investing years and significant
financial resources, and despite BC's participation in the golf clubhouse and
site plan planning and cost contained in proposed PA2005 -140 — IBC has
introduced a competing golf club site plan and golf clubhouse plan that
proposes "Prairie Style" architecture with related street and parking lot light
fixtures and an altogether non - harmonious landscape plan. The "Prairie Style"
architecture is not appropriate for the Newport Center, California Coastal
setting and a traditional fairway golf course built in the 1950s. IBC's recent
proposal is not just an inappropriate competing plan; it is a clashing plan that
does not address the needs and concerns of the neighboring property owners.
5) Fairness & Eauity. Per the City's request, we developed and refined over the
last 15 years the Master Plan and the Planned Community Text Exhibits with
2-
the input from numerous consultants, IBC, The Irvine Company, the Golf
Club and Tennis Club members, residents of Irvine Terrace, Hoag Hospital,
Senior PGA, Greenlight proponents, and the City Planning Staff. We
participated in the proposed Newport Center General Plan Amendment in
2000 and the City -wide General Plan Amendment approved by the voters in
November 2006. Since the November 2006 voter - approved General Plan
Amendment our processing was further delayed by at least 1Sh years by the
Condemnation issue. Our proposed redevelopment is in the City's best
interest and in the best interest of the residents and merchants of the City. In
fairness and equity our proposed Planned Community Zoning Amendment
should be processed by the City without further delay.
In addition, Property Owner does not desire and is opposed to the recent City initiated
General Plan Amendment for the properties we own in Newport Center for the following
three primary reasons:
1) Landlord Disapproved IBC's Plans. Landlord disapproved IBC's recently
submitted competing plans in a notice letter dated March 20, 2009, primarily
due to:
• The location of the parking lot adjacent to The Bungalows, which
creates a significant negative impact on the property value of our
adjacent property, making development of The Bungalows
economically unfeasible;
The size of The Golf Clubhouse and the resulting institutional and
massive out of scale appearance, and the substantial additional parking
resulting in less landscape open space, impacting our adjacent
property; and
Substantial reduction in the size of the landscape buffer along Pacific
Coast Highway.
Therefore, for the above reasons and the reasons set out in my email prior to
Council action we object to the City initiated General Plan Amendment at
taxpayer expense to accommodate IBC's huge golf clubhouse.
2) There is No Need for Another General Plan Amendment. A City- initiated
General Plan Amendment is not necessary with respect to Anomaly 46 (The
Tennis Club Property).. City Planning Staff and Planning Commission were
well aware of our Plans which were vested with the City over the last 15 years
and prior to the process for the Newport Center General Plan Amendment and
the subsequent voter approved November 2006 City -Wide General Plan
Amendment. MU -H3 was specifically as the Land Use Category for The
Tennis Club property to be consistent with our proposed uses. MU -H3 Land
-3-
Use Categories in Table LU1 provide for visitor servicing, hotel, multi - family
residential and ancillary commercial uses and that within The Tennis Club,
residential may be developed as single family units. MU -H3 also established
a pool for Newport Center of 450 residential units and 65 hotel rooms which
can be transferred to other planning areas within Newport Center. The City
recently allocated to The Irvine Company 430 residential units to Block 500
leaving 20 residential units in the Newport Center pool of which Anomaly 46
we need 5 residential units allocated for PA2005 -140. The City also allocated
as part of the Block 500 density transfer The Irvine Company all 65 hotel
room to be used as multi - family units. We initially objected to the density
transfer because The Bungalows, part PA2005 -140, requires 27 hotel units,
however, our objection was withdrawn because we were told by Mayor Selich
that there are 60 or sufficient unused hotel unit allotment within the Ll
Statistical Area that can be transferred to Anomaly 46. As you know and as 1
have heard from various City officials per LU 4.3 Transfer of Development
Rights on page 3 -20 in the November 2006 General Plan density transfers are
specifically allowed.
Furthermore, with very minor modifications made to the Golf Clubhouse
Exhibit in the Planned Community Text which is part of PA2005440 and
discussed in the last two paragraphs below, the Golf Clubhouse size is within
the 35,000 -square -foot development limit approved by the voters in the
November 2006 General Plan vote.
3) Unacceptable Further Delay & Costs. The Tennis Club lease expired on
June 30, 2009 and the Tenant demolition work required by Landlord per the
Lease will commence shortly. Working drawings have been completed for the
new Tennis Clubhouse and The Villas. After years of processing with the
Plans completed years ago with IBC's input and knowledge regarding the Golf
Clubhouse and Parking Lot, IBC's 11th-hour Schematic Plans and Proposed
Site Plan creates numerous planning and entitlement issues for the NBCC
Planned Community Text and Exhibits. To negotiate and make the necessary
significant change to IBC's Schematic Plans and Proposed Site Plan needed to
obtain approval per the Golf Club Lease will take a considerable amount of
time. While we are willing to work diligently to make reasonable changes to
the Planned Community Text and Exhibits for our property to accommodate
IBC's reasonable changes it should be in a future Planned Community Text
amendment. After over 15 years, two general plan amendments at this point
further delay is very costly and unfair to the tennis members and Property
Owner and for the reasons stated previously not in the best interest of the City
or its citizens to delay.
4) Promises & Voter - Approved General Plan. The proposed change in IBC's
recently proposed Site Plan would be contrary to the promises I made to
members, residents and the community to gain support for the narrow (2,100
-4-
votes) passage of Measure V: Land Use Element — General Plan in 2006.
Hoag Hospital and the Chamber of Commerce gave crucial support for the
City-Wide General Plan Amendment but I believe it certainly would not have
passed without the support and efforts of members, residents and others who
wanted the landscape berm along Coast Highway, The Bungalows, The Tennis
Clubhouse and The Golf Clubhouse, many of whom had considerable input in
the design of these improvements, become a realty.
Not withstanding the above, we remain willing to make another attempt to work out an
amicable solution. In that regard, we have been working to set up, another meeting with
BBC that will include their planning consultant, Tom Mathews. I have known Tom for
many years and it is my hope that he can aid in a resolution that does not result in a
further delay in processing the NBCC Planned Community. We hope this effort will
establish a process leading to the eventual Landlord approval of IBC's Plans per the
Lease and possibly an amicable amendment to the NBCC Planned Community Text. For
Landlord's approval, BBC needs to:
• Eliminate the parking lot at the entry off Pacific Coast Highway which
is directly adjacent to The Bungalows (creating negative noise,
aesthetic and view impacts),
Provide an adequate landscaping berm between the golf club parking
lot and 650 linear feet along Pacific Coast Highway,
• Reduce the size of BBC's proposed golf clubhouse to lessen its
Newport Center and Greenlight impacts; and
Adopt the cohesive architectural and landscape pallet and cohesive
street and parking lot lighting, and in return Property Owner will agree
to reasonable changes to the floor plan and elevations to the golf
clubhouse which would be reflected in a Planned Community
Amendment.
On a final note, we were puzzled by the reference in your letter that Property Owner is
proposing a Golf Clubhouse of 35,784 square feet, since Page 19 of the NBCC Planned
Community Text states that the proposed Golf Clubhouse is 33,579 square feet. After
some investigation, our consultant discovered that City Staff determined that square
footage for the club storage should be included in our square footage calculations,
resulting in 784 square feet more than allowed by the General Plan adopted by a vote of
the citizens of Newport Beach in November 2006.
In response to this discovery, our architect, Leland Steams Architecture, has created a
loggia along a portion of the southeast side of the Golf Clubhouse and removed areas
which are below grade from the Golf Clubhouse square footage, all as shown on revised
Exhibit 5 (2 of 4) which will be delivered early next week to our Planner at the City
-5-
Planning Department, Rosalinh Ung_ The resulting revised Golf Clubhouse is 33,400
square feet, which is still below the 34,500 square feet allowed in Table LU2 of the
Newport Beach General Plan.
In conclusion, the visitor - serving Bungalows, the new Tennis Clubhouse, Stadium Court
(for Hoag Team Tennis and other charity events), the large open -space landscaped berm
along Pacific Coast Highway screening the Golf Club Parking Lot and a new Golf
Clubhouse are a "great asset to the City." I will diligently work with and accommodate
reasonable changes requested by our tenant on a portion of the property comprising
NBCC Planned Community which they lease. However, we support and agree with City
Staff's conclusion that a City- initiated General Plan Amendment is not in the best interest
of the City. Another General Plan Amendment is not needed for PA2005 -140 and it will
further unreasonably delay and likely render unfeasible improvements which are in the
best interest of the City.
Thank you.
Sincerely yours,
Robert O Hill
ec Mayor Selich
David Lepo, Planning Director
Rosalinh Ung, Associate Planner
Leland Steams, AIA
Martin Potts, MPA
Byron de Arakat
Peter Templeton, Templeton Planning Group
Nicole Carlsson, Templeton Planning Group
Tim Paone, Manatt, Phelps, & Phillips
KIM
Attachment No. CC 5
International Bay Club Letter
received July 31, 2009
.- 31-2009 02 :49P FROM,
FmAlk
Ms.ItosalinAUns
Associate Plan" e" h
City of Newport ece -8915
ggCBIVED BY
PLANNVGDBYARTMV1,
JUL 31INS
CITY OF NEWPORT BEACH
Newport Beach, CA• 92
Subject: Newport Beac Country Club Application (PA2008 -152)
h
Dear Ms. Ung: ort Beach June 24, 2009
response to the City of NeWP
Thus letter constitutes our formal
Manager, indicated the City's intention
letter in which Ms. Sharon Wood, Assistant City
to reconsider their initiation of the General Plan Ameridmerit for the NevagOrt Beach
Country Club project,
Our project has been designed as a stand alone project, independent of any other project
in the vicinity of the Newport Beach Country Club Golf Clubhouse, including the project
filed with the City of Newport Beach by Golf Realty Fund, LP.
The original planning application we filed with the City on July 28, 2008 requested a
General Plan Amendment in order to allow for the increase in floor area for the
reconstruction of the golf clubhouse and that application was deemed complete by the
Planning Departmeht on October 23, 2008.
On July 8, 2009 we responded in detail to the City's comments on our development
plans. That letter is intended as confirmation of our intent to process our planning
application expeditiously, and for the City to grant our request to amend the General
Plan, approve our site plans and to adopt'the necessary environmental documentation a9
soon as possible. Thank you.
Sin rely,
&'ckJeyresident/CO0
Newport Beach Country Club
Sharon• Wood, City of Newport Beach
David Wooten, International Bay Clubs
Shawna Schaffner, CCA Planning
NFWPORTS BEACH
-
. Ld rt Beack, California 92660 (949) 644-95 •Pax (949) 644�50.h7
1600 EastPaa&c Coast flighway ec , npwvortbeachcc.com
Attachment No. CC 6
Draft Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH RESCINDING INITIATION OF A
GENERAL PLAN AMENDMENT TO AMEND ANOMALY
NOS. 46 AND 74 OF TABLE LU2 OF THE GENERAL
PLAN LAND USE ELEMENT (G12009 -001).
WHEREAS, on January 27, 2009, the City Council initiated a City - sponsored
amendment to Land Use Element of the General Plan to adjust the development limit
allocations for the renovation of the Newport Beach Country Club; and
WHEREAS, because competing applications were submitted by the property
owner and the lease holder, the City Council determined that the initiation is not in the
best interest of the City; and
WHEREAS, initiating or rescinding the City- sponsored General Plan
Amendment qualifies for a Statutory Exemption pursuant to 15262 Feasibility and
Planning Studies of the Implementing Guidelines of the California Environmental
Quality Act (CEQA); and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Newport Beach hereby rescinds the initiation of General Plan Amendment No. 2009-
001.
PASSED, APPROVED AND ADOPTED THIS 11th DAY OF AUGUST, 2009.
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK