HomeMy WebLinkAbout23 - Newport Business Plaza - PA2008-164CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 2
January 11, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Janet Johnson Brown, Associate Planner
949 -644 -3236, ibrown(ilnewgortbeachca.caov
SUBJECT: Newport Business Plaza (PA2008 -164)
4699 Jamboree Road and 5190 Campus Drive
• General Plan Amendment No. GP2008 -007
• Planned Community Development Plan Amendment No. PD2009 -001
• Tentative Parcel Map No. NP2010 -006 (County TPM No. 2010 -101)
APPLICANT: WPI- Newport, LLC
ISSUE
The applicant requests approval of a General Plan Amendment, Planned Community
Development Plan Amendment, and a Tentative Parcel Map to accommodate
redevelopment of the project site with a new approximately 46,000- gross- square -foot
(GSF) commercial business plaza. At the October 26, 2010, meeting, the City Council
directed staff to either return with a development agreement, or a recommendation for a
development agreement.
RECOMMENDATION
1. Reopen the public hearing; and
2. Take action waiving the requirement for a development agreement and approve the
project as recommended in the October 26, 2010 staff report (Attachment No. CC 1).
3. Adopt revised draft Resolution No. _ (Attachment No. CC 2), which includes
findings in support of a waiver of the requirement for a development agreement for
the project.
4. Introduce an ordinance approving Planned Community Development Plan
Amendment No. PD2009 -001 and pass to a second reading for adoption on January
25, 2011 (Attachment No. CC 3).
Newport Business Plaza (PA2008 -164)
January 11, 2011
Page 2
DISCUSSION
Staff has discussed the prospect of entering into a development agreement with the
applicant. The applicant has reiterated the request for a waiver of the,requirement for a
development agreement, and is unwilling to participate in the development agreement
process at this time. If the City Council determines a waiver is not justified, then a
development agreement for implementation of the project would be required pursuant to
the provisions of Chapter 15.45 of the Newport Beach Municipal Code (NBMC). If a
development agreement is required, and successfully negotiated, a public hearing will
first be held by the Planning Commission. The Planning Commission's
recommendation would be forwarded to the City Council for their consideration and a
public hearing would be conducted, pursuant to Section 15.45.050.
Background
Prior to adoption of the General Plan in 2006, development agreements were required
only when a development involved a time -share project. Thus, in most cases
development agreements were entered into with the City on a voluntary basis by the
applicants. The 2006 General Plan includes policies which require development
agreements for residential and mixed -use projects in Newport Center /Fashion Island
(Statistical Area L1), and all projects that include in -fill residential units in the Airport
Area (Statistical Area L4).
Chapter 15.45 (Development Agreements) of the NBMC was amended in March 2007
to reflect General Plan policy and to include the requirement for development
agreements in conjunction with specific development projects that require a legislative
act, such as a General Plan amendment or zone change. Although the proposed
project is not an in -fill residential project that would necessitate a development
agreement by General Plan policy, Section 15.45.020 (Development Agreement
Required) requires a development agreement for the project, unless waived, because
the project requires a General Plan amendment, includes non- residential development,
and is located within Statistical Area L4 (Airport Area).
The City has previously entered into a number of development agreements with
applicants in conjunction with the approval of large development projects within the City.
Attachment No. CC 4 provides a list and description of some of the projects that the City
has either executed a development agreement, or are currently being negotiated. All
development agreements provide an applicant with vested rights to implement the
project, and most are for large -scale phased development projects, such as Hoag
Memorial Hospital, the Circulation Improvement and Open Space Agreement (CIOSA),
Pacific View Memorial Park, and One Ford Road.
The City has also approved a number of large -scale projects where development
agreements were not considered or required. These projects include Newport Lexus
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Newport Business Plaza (PA2008 -164)
January 11, 2011
Page 3
Automobile Dealership (119,000 GSF showroom and service building), Newport Bay
Marina (36,000 GSF commercial development and 37 condominium units), Be[ Mare
Shopping Center (56,000 GSF of retail, office and restaurant use), Shaoulian "Old
Newport Boulevard General Plan Amendment" (25,725 GSF medical office building),
and Centurion Plaza (8,000 GSF commercial office building).
Request for Waiver of Development Agreement
The applicant requests a waiver of the requirement for a development agreement
pursuant to the provisions of Chapter 15.45. This request is based on the factors
presented in the October 26, 2010, staff report, and which are restated below. Pursuant
to Section 15.45.020.C, the City Council may waive the requirement for a development
agreement, except for one required by General Plan policy, if it finds one of the
following factors exist:
• That the legislative act is of a minor nature; or
• The project provides significant public benefits to the City; or
• The nature of the project is such that neither the City nor the developer would benefit
from a development agreement.
Is the project a "minor legislative act ?"
The applicant asserts that the project is minor in nature as it does not change the
General Plan land use designation of the site (i.e. change land use), and only involves
an 11,544 -GSF increase in floor area to the General Plan. However, what constitutes a
"minor" legislative act is determined by the City Council. As a point of reference,
Charter Section 423 defines a "major" General Plan amendment as one that
significantly increases allowed non - residential intensity by more than 40,000 square feet
of floor area, increases traffic by more than 100 peak hour trips, or increases residential
density by more than 100 dwelling units. The proposed project does not exceed any of
these thresholds.
Does the project "provide significant public benefits to the City ?"
The project site was developed in the late 1970's with a large bank building and office
building. The buildings are dated and not fully utilized, and thus are underperforming.
The applicant's request for a waiver of the requirement for a development agreement is
based on the following factors in support of a finding that the project provides significant
public benefits to the City:
• The increased floor area (an 11,544 GSF net increase to the General Plan) would
allow for redevelopment of the existing underperforming site with a new
approximately 46,000 -GSF commercial business plaza for banking and professional
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Newport Business Plaza (PA2008 -164)
January 11, 2011
Page 4
business services. The applicant asserts the increase in floor area is necessary in
order for redevelopment of this property to be economically feasible.
• The resultant project would generate increased property tax revenue for the City.
• The resultant project would be subject to fair share traffic contribution fees in the
approximate amount of $53,000. These fees would offset a portion of improvements
to the circulation system necessary to accommodate traffic volume generated by the
project.
• The project would create greater architectural presence and enhance this prominent
intersection at the northeast boundary of the City limits.
• The project would provide short-term construction jobs and long -term banking and
professional business service employment opportunities, resulting in the potential to
stimulate the economy by providing jobs for the local and regional labor pool.
• The project would be adequately served by existing public facilities, infrastructure
and services. The proposed increase in floor area as a result of the project would
not exceed existing service levels for public services or utilities.
• The project would result in a decrease in trips when compared with the existing uses
on site due to the reduction in square footage of the existing bank building. The
decrease in trips during operation of the proposed project would not impact the
standards for acceptable traffic level of service in this area.
Under what circumstances would neither the City nor the developer benefit from a
development agreement due to the "nature of the project ?"
The City typically does not require a development agreement if a project is consistent
with the applicable land use and property development regulations. In this case, the
applicant requests an 11,544 GSF net increase to the General Plan in order to
redevelop the 1.76 acre site with a new approximately 46,000 -GSF commercial
business plaza. The Koll Center Newport Planned Community text, adopted by City
Council in August 1972, establishes the development standards and regulations for the
project, and no exceptions to the regulations are requested.
Furthermore, the project is anticipated to be built in one phase in the near term and
would not benefit from protection from future land use regulations or restrictions. If
approved, construction of the project would commence within the next 12 -18 months,
and would occur in a single phase over an anticipated 14 -month period.
As stated above, the project would be adequately served by existing public facilities,
infrastructure and services. Staff does not contemplate the need for additional public
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Newport Business Plaza (PA2008 -164)
January 11, 2011
Page 5
improvements in this area of the City. Under these circumstances, it could be found
that neither the City nor the developer would benefit from a development agreement.
Potential Public Benefits of a Development Agreement
The principal benefit of a development agreement for an applicant is the vested right to
develop a project with an assurance that once approved, the project can be built
pursuant to existing policies, conditions and regulations in effect at the time of the
agreement. The approval of a development agreement provides the City with the
opportunity to receive public benefits from the project such. as streets, sewer facility
improvements, public facilities, drinking water, utility facilities, open space, and /or other
negotiated fees for development.
Section 15.45.040 describes the required contents of a development agreement. A
development agreement shall specify the duration of the agreement, the permitted uses
of the property, the intensity of use, the maximum height and size of the proposed
development, and timeframes for commencement and completion of construction or
phases of construction. Another required element of a development agreement is the
provision for reservation or dedication of land for a public purpose or benefit. In this
case, no dedications are necessary because all public easements and dedications were
provided when the area was originally developed and no additional dedications are
necessary to facilitate the proposed development. If the City Council determines a
development agreement is required, all required elements would be negotiated and
included in the agreement.
The following represents additional public benefits that could be negotiated as part of a
development agreement. The City Council may wish to consider whether these
proposed improvements are appropriate public benefits that support the requirement of
a development agreement:
• Enhanced aesthetic improvements to the surrounding pedestrian easements,
installation of non - standard sidewalks, pavers and landscaping.
• Improvements to the median /island at the southwest corner of Campus Drive and
Jamboree Road, including enhanced landscaping that would be maintained by the
applicant.
• Replacement of existing street trees along Campus Drive and Jamboree Road.
• Change -out of existing streetlights with new LED streetlight heads,
• Installation of a new bus stop on Jamboree Road near the Harbor Justice Center
courthouse at the intersection of Jamboree Road and Birch Street.
• Installation of a new City of Newport Beach entry monument sign.
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Newport Business Plaza (PA2008 -164)
January 11, 2011
Page 6
If the City Council chooses to include some or all of these or other similar physical
improvements in the negotiation of a development agreement, additional environmental
review would be required. If a development agreement is to be pursued, the City
Council could also weigh the appropriateness of negotiating a development fee related
to the size of the development proposed. The fee could offset increased public
expenses, future improvements, and /or incremental increases in costs attributable to
the project that would be incurred by the City for municipal services such as fire, police,
water, sewer and other infrastructure.
Conclusion
Staff recommends that the City Council waive the requirement for a development
agreement if it finds one of the three factors stated in Section 15.45.020 C exists.
Benefits to the City attributable to the redevelopment of an underperforming site and the
revenues that would ensue would occur with project approval, and without a
development agreement. If the City Council concurs that the project is a minor
legislative act and /or the project provides significant public benefits to the City, the
requirement for a development agreement may be waived and the, project should be
approved. Staff recommends City Council adopt the attached draft resolution
(Attachment CC 2) that includes the required findings for a waiver of the requirement for
a development agreement.
Alternatively, the City Council could determine that the legislative act is not minor in
nature, or the nature of the project is such that the City could benefit from a
development agreement, and there is no basis to waive the requirement for a
development agreement. If the City Council finds that a development agreement is
required, staff requests Council's direction as to the terms and conditions to be
negotiated as part of the agreement. If the terms of a development agreement are
successfully negotiated, a public hearing before Planning Commission will be conducted
prior to the agreement being brought back to City Council for their consideration.
If the City Council takes this option, this item should be removed from calendar and
rescheduled for a public hearing after the Planning Commission has considered the
development agreement.
Prepared by: Submitted by:
4
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es V Campbel
Acting Planning Director
Newport Business Plaza (PA2008 -164)
January 11, 2011
Page 7
Attachments:
CC1: October 26, 2010, City Council Staff Report
CC2: Revised Draft Resolution
CC3: Draft Ordinance
CC4: City of Newport Beach Development Agreements
Attachment No. CC 1
October 26, 2010, City Council
Staff Report
a
CITY OF NEWPORT. BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 16
October 26, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Janet Johnson Brown, Associate Planner
949 -644 -3236, ibrown(a-)newportbeachca.gov
SUBJECT: Newport Business Plaza (PA2008 -164
4699 Jamboree Road and 5190 Campus Drive
• General Plan Amendment No. GP2008 -007
• Planned Community Development Plan Amendment No. PD2009 -001
• Tentative Parcel Map No. NP2010 -006 (County TPM No. 2010 -101)
APPLICANT: WPI- Newport, LLC
ISSUE
The applicant requests approval of a General Plan Amendment, Planned Community
Development Plan Amendment, and a Tentative Parcel Map to accommodate
redevelopment of the project site with a new approximately 46,000- gross- square -foot
commercial business plaza.
1. Conduct a public hearing; and
2. Adopt Resolution No. _ (Attachment No. CC 1) documenting the following City
Council actions:
a. Adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and
Reporting Program; and
b. Approve General Plan Amendment No. 2008 -007; and
c. Approve Tentative Parcel Map No. 2010 -006; and
d. Waive the requirement for a Development Agreement.
. 3. Introduce an ordinance approving Planned Community Development Plan
Amendment No. PD2009 -001 and pass to a second reading for adopted on
November 9, 2010 (Attachment No. CC 2).
0
Project Site
Newport Business Plaza (PA2008 -164)
October 26, 2010
Page 3
2. An amendment to the Koll Center Newport (PC -15) Planned Community text to allow
an increase to the Allowable Building Area for Professional & Business Office Site F
by 18,346 net square feet (NSF).
3. A tentative parcel map for commercial condominium purposes, and to combine the
existing two parcels (Parcel 1 at 4699 Jamboree Road, and P arcel 2 at 5190
Campus Drive) into a single building site.
Please refer to the attached August 5, 2010, Planning Commission Staff Report for a
detailed discussion and analysis of the proposed project, related application requests,
and the Mitigated Negative Declaration (MND) prepared for the project (Attachment No.
CC 3).
Planning Commission Review
The Planning Commission conducted a public hearing to review the project and related
application requests on August 5, 2010. The Planning Commission voted 6 ayes, 1
excused, to recommend that City Council adopt the MND and approve the project, as
proposed.
The Planning Commission found the project to be consistent with the General Plan
policies and Koll Center Newport Planned Community development standards. The
Planning Commission also determined that the proposed parcel map is consistent with
the Zoning Code, and that facts in support of the required findings per Section
19.12.070 (Required Findings for Action on Tentative Maps) of the NBMC could be
made. Findings and facts in support of the findings are reflected in Resolution No. 1816
adopted by the Planning Commission on August 5, 2010 (Attachment CC 4).
As part of the Planning Commission's action, the following condition was added to the
Conditions of Approval for Tentative Parcel Map No. NP2010 -006:
4. Redevelopment of the project site shall be in substantial conformance with the
conceptual plans submitted with the application dated March 15, 2010, and on
file with the Planning Department.'
Charter Section 423 {Measure S)
Charter Section 423 requires voter approval of any major General. Plan amendment to
the General Plan. A major General Plan amendment is one that significantly increases
allowed intensity by 40,000 square feet of non - residential floor area, or increases traffic
by more than 100 peak hour vehicle trips, or increases residential dwelling units by 100
' The applicant prepared and submitted detailed conceptual project plans for informational purposes only.
Detailed plans are not a required submittal item pursuant to Council Policy K -1, which provides
procedures for amendments to the General Plan. However, the Koll Center Newport Planned Community.
Development Considerations require that a precise development. plan be submitted to the Planning
Director for review prior to the issuance of any building permits.
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Newport Business Plaza (PA2008 -164)
October 26, 2010
Page 4
units. These thresholds apply to the total of increases resulting from the amendment
itself, plus 80 percent of the increases resulting from other previously approved General
Plan amendments within the same Statistical Area adopted within the preceding ten
years. Council Policy A -18, which implements Charter Section 423, requires that
proposed amendments to the General Plan be reviewed to determine if a vote of the
Newport Beach electorate would be required.
The project site is located within Statistical Area L4, and if approved, the General Plan
amendment would result in an increase of 11,544 GSF of non - residential floor area.
Based on the trip generation rates provided in Council Policy A -18 (blended commercial
rate), the proposed increase in non - residential floor area to the General Plan is forecast
to generate an additional 34 a.m. peak hour trips and 46 p.m. peak hour trips.
There has been one prior amendment approved within Statistical Area L4 since
adoption of the 2006 General Plan, which was adopted on January 9, 2007, and is
shown in Table 1 below. As indicated in the table, the increase attributable to the
proposed General Plan amendment, when added to 80 percent of the prior General
Plan amendment, does not exceed the non - residential floor area threshold, and does
not exceed the a.m. or p.m. peak hour vehicle trips threshold. Thus, none of the three
thresholds are exceeded; and therefore, a vote by the electorate would not be required
if the amendment is approved by the City Council. If approved by City Council, the
amendment will become a prior amendment that will be tracked for ten years in
accordance with Charter Section 423.
19,212.8 sq.ft. (80 %)
11,544 sq.ft. (100 %)
Airport Land Use Commission
34.19 a.m. trips (80 %)
34.63 a.m. trips (100 %)
33.04 a.m. trips (80 %)
46.17 p.m. trips (100 %)
The project site is within the Airport Environs Land Use Plan (AELUP) Airport Planning
Area. Projects requiring General Plan amendments that are located within the AELUP
Airport Planning Area must be referred to the Orange County Airport Land Use
Commission (ALUC) for a determination of consistency with the AELUP prior to
adoption by the City. The ALUC will consider the project on October 21, 2010, during
their regularly scheduled meeting. Staff anticipates a finding of consistency, and as this
staff report was distributed prior to October 21, 2010, staff will provide City Council with
the ALUC's determination at the City Council Meeting.
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Newport Business Plaza (PA2008 -164)
October 26, 2010
Page 5
Development Agreement
Pursuant to Section 15.45.020 A.2.c (Development Agreement Required) of the NBMC,
development agreements shall be required in conjunction with City approval of a project
that requires a General Plan amendment and includes non - residential development in
Statistical Area L4 (Airport Area). Section 15.45.020 C provides that the City Council
may waive the requirement for a development agreement "if it rinds that the legislative
act is of a minor nature, the project provides significant public benefits to the City, or the
nature of the project is such that neither the City nor the developer would benefrt from a
development agreement."
The Planning Commission found the project to be consistent with the General Plan
policies, including Policy LU 3.2. This policy encourages the enhancement of existing
neighborhoods, districts, and corridors, by allowing for re -use and infill with uses that
are complementary in type, form, scale, and character. As provided for in Planning
Commission Resolution No. 1816, the City Council could find the project provides
significant public benefits to the City for following reasons:
• The increased development limit would allow for redevelopment of the existing
underperforming properties.
• The project what would generate greater architectural presence and enhance this
prominent intersection at the northeast boundary of the City limits.
• The project would be served by adequate infrastructure and public services, and the
proposed increase in development limits would not exceed existing service levels for
public services or utilities.
When compared to the existing uses of the site, the proposed project would result in
a decrease in trips due to the reduction in square footage of the existing bank
building from approximately 10,000 square feet to approximately 4,000 square feet 2
As a result, the decrease in trips during operation of the proposed project would not
impact the standards for acceptable traffic level of service in this area.
• As discussed in Chapter 3 of the MND on the resource topic of Population and
Housing (page 3 -56), the project would provide short-term and long -term
employment opportunities. During construction of the commercial business plaza,
2 These trip rates calculations differ from Charter Section 423 trip rate calculations because they are
based on the overall square footage of the proposed project, whereas Charter Section 423 calculations
are based only on the amount of increased square footage to the General Plan. The ITE Trip Generation,
8fh Edition assigns a.m., p.m. and daily peak hour trips to various land uses based on the square footage
of the land use. For office building land uses the trip rates are 1.55 a.m. and 1.49 p.m. peak hour trips,
and for bank land uses the trip rates are and 12.35 a.m. and 25.82 p.m. peak hour trips. Because the
square footage devoted to bank land use would decrease as a result of the proposed project, the overall
a.m. and p.m. peak hour trips would decrease when compared to the existing uses of the site.
5
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Newport Business Plaza (PA2008 -164)
October 26, 2010
Page 6
approximately 47 construction workers would be required to build the project. The
project would provide long -term employment. opportunities for approximately 148
persons in banking and professional business services (an increase of 83
employees over the approximately 65 employees currently on site). Thus, project
has the potential to stimulate the economy by providing jobs for the local and
regional labor pool.
• The project involves the redevelopment of a 1.76 acre site with a new approximately
46,000 -GSF commercial business plaza to be constructed in a single phase over an
anticipated 14 -month period. The development standards and regulations for the
project are established by the Koll Center Newport Planned Community text,
adopted by City Council in August 1972. The overall nature of the project is such
that neither the City nor the developer would benefit from a development agreement.
If the City Council concurs that the project could provide significant public benefits to the
City, and that neither the City nor the developer would benefit from a development
agreement, staff recommends that the requirement for a development agreement be
waived.
Environmental Review
Prior to taking action on the requested General Plan and Planned Community text
amendments, and the tentative parcel map, the City Council must first review, consider,
and adopt the MND. The MND was circulated for a 20-day public review period on May
19, 2010, and concluded on June 7, 2010. Comment letters were received from four
agencies which are attached to the Planning Commission Staff Report (Attachment No.
PC 6 of the report). An Errata to the MND was prepared to provide clarifications or
corrections to the MND related to the comments received, and is included as Chapter 4
of the MND. No new signification environmental impacts were identified, and no new
mitigation measures were added to the Mitigation Monitoring and Reporting Program
(MMRP) as a result of the comments.
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. The environmental assessment process
was also noticed in a similar manner and all mandatory notices per the California
Environmental Quality Act were given. Finally, the item appeared upon the agenda for
this meeting, which was posted at City Hall and on the city website.
Alternatives
The City Council may require a development agreement, approve a revised project, or
deny the application. Pursuant to Council Policy K 1, which provides procedures for
.amendments to the General Plan, if the City Council intends to make major changes
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Newport Business Plaza (PA2008 -164)
October 26, 2010
Page 7
and take an action not considered by the Planning Commission, the changes shall be
referred back to the Planning Commission for its recommendation. Should the City
Council choose to approve a revised project that is minor in nature, staff will return with
a revised resolution incorporating new findings and /or conditions.
Prepared by:
I
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-, • inner
Attachments:
Submitted by:
v V 04
es W. Camp ell
Acting Planning Director
Attachment CC 1:
Draft Resolution
Attachment CC 2:
Draft Ordinance
Attachment CC 3:
Planning Commission Staff Report dated August 5, 2010
Attachment CC 4:
Planning Commission Resolution No. 1816
15
Attachment No. CC 2
Revised Draft Resolution
17
Cr
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE
DECLARATION, APPROVING GENERAL PLAN AMENDMENT
NO. GP2008 -007, APPROVING TENTATIVE PARCEL MAP NO.
NP2010 -006 FOR A NEW COMMERCIAL BUSINESS PLAZA
LOCATED 4699 JAMBOREE ROAD AND 5190 CAMPUS DRIVE
(PA2008 -164)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY. FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by WPI- Newport, LLC, with respect to property located at 4699
Jamboree Road and 5190 Campus Drive, and legally described as Parcels 1 and 2 of
Parcel Map, as per map filed in Book 142, Pages 18 and 19 of Parcel Maps, in the Office
of the Orange County Recorder, requesting approval of: 1) a General Plan Amendment
to increase the maximum allowable development limit for Anomaly Location #6 of the
Land Use Element by 11,544 gross square feet, 2) an amendment to the Koll Center
Newport (PC -15) Planned Community text to allow an increase to the Allowable Building
Area for Professional & Business Office Site F by 18,346 net square feet, and 3)
approval of a tentative parcel map for commercial condominium purposes, and to
combine the existing two parcels (Parcel 1 at 4699 Jamboree Road and Parcel 2 at 5190
Campus Drive) into a single building site.
2. The applicant proposes to demolish the two existing buildings and redevelop the site
with a new approximately 46,000- gross- square -foot commercial business plaza.
3. The subject property is located within the Koll Center Newport (PC -15) Planned
Community Zoning District and the General Plan Land Use Element category is Mixed -
Use Horizontal 2 (MU -1-12).
4. The subject property is not located within the coastal zone.
5. A public hearing was held by the Planning Commission on August 5, 2010, in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of the meeting was given in accordance with the Newport
Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to,
and considered by, the Planning Commission at this meeting.
6. At the August 5, 2010, Planning Commission hearing, the Planning Commission voted 6
ayes and 1 excused recommending that the City Council approve the project application
as proposed, subject to findings and conditions of approval.
7. At its regular meeting of October 21, 2010, the Airport Land Use Commission for Orange
County considered the project and voted to find the project consistent with the
Commission's Airport Environs Land Use Plan for John Wayne Airport.
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Page 2 of 21
8. The applicant filed a request for a waiver of the requirement of a development agreement
pursuant to the provisions of Chapter 15.45 of the NBMC.
9. A public hearing was held by the City Council on January 11, 2011, (continued from the
October 26 and November 23, 2010 meetings), in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the NBMC. Evidence, both written and oral,
was presented to, and considered by, the City Council at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance
with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K -3.
2. The draft Mitigated Negative Declaration was circulated for a 20 -day public comment
period beginning on May 19, 2010, and ending on June 7, 2010. The contents of the
environmental document and comments on the document were considered by the
Planning Commission and City Council in its review of the proposed project.
3. On the basis of the entire environmental review record, the proposed project, with
mitigation measures, will have a less than significant impact upon the environment and
there are no known substantial adverse affects on human beings that would be
caused. Additionally, there are no long -term environmental goals that would be
compromised by the project, nor cumulative impacts anticipated in connection with the
project. The mitigation measures identified and incorporated in the Mitigation
Monitoring and Reporting Program are feasible and will reduce the potential
environmental impacts to a less than significant level.
4. The Mitigated Negative Declaration and the Mitigation Monitoring and Reporting
Program attached as Exhibit "A" is hereby adopted. The document and all material,
which constitute the record upon which this decision for recommendation was based,
are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport
Beach, California.
5. The City Council finds that judicial challenges to the City's CEQA determinations and
approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge,
and bear the responsibility for any costs, attorneys' fees, and damages which may be
awarded to a successful challenger.
Loll
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Page 3 of 21
SECTION 3. FINDINGS.
1. The project site is located in the Statistical Area L4 (Airport Area) of the Land Use
Element of the General Plan, and is identified as Anomaly Location #6. The General
Plan Land Use Element designates the project site as Mixed -Use Horizontal 2 (MU-
112). The MU -H2 designation provides for a horizontal intermixing of uses that may
include regional commercial office, multifamily residential, vertical mixed -use buildings,
industrial, hotel rooms, and ancillary neighborhood commercial uses. The proposed
new commercial business plaza is consistent with this designation.
2. General Plan Policy LU 3.2 encourages the enhancement of existing neighborhoods,
districts, and corridors, by allowing for re -use and infill with uses that are
complementary in type, form, scale, and character. The policy states that changes in
use and /or density /intensity should be considered only in those areas that are
economically underperforming, are necessary to accommodate Newport Beach's
share of projected regional population growth, improve the relationship and reduce
commuting distance between home and jobs, or enhance the values that distinguish
Newport Beach as a special place to live for its residents. The scale of growth and new
development shall be coordinated with the provision of adequate infrastructure and
public services, including standards for acceptable traffic level of service.
The proposed General Plan amendment to increase the maximum allowable
development limit in Anomaly Location #6 from 34,500 gross square feet to 46,044
gross square feet is consistent with General Plan Policy LU 3.2 as follows:
• The increased development limit would allow for redevelopment of the existing
underperforming properties, and would allow a project what would generate greater
architectural presence and enhance this prominent intersection at the northeast
boundary of the City limits.
• The proposed project would be served by adequate infrastructure and public
services, and the proposed increase in development limits would not exceed
existing service levels for public services or utilities.
• When compared to the existing uses of the site, the proposed project would result
in a decrease in trips due to the reduction in square footage of the existing bank
building from approximately 10,000 square feet to approximately 4,000 square feet.
Thus, the decrease in trips during operation of the proposed project would not
impact the standards for acceptable traffic level of service in this area.
3. General Plan Policy LU 6.15.1 provides for the development of distinct business park,
commercial, and airport- serving districts and residential neighborhoods that are
integrated to ensure a quality environment and compatible land uses. The proposed
General Plan amendment to increase the maximum allowable development limit is
consistent with this policy as follows:
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City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Paae 4 of 21
• The proposed project would provide for redevelopment of the site with a new
distinct business plaza, integrated to ensure a quality environment that is
compatible with the existing surrounding land uses in the Koll Center Newport
Planned Community, and the City of Irvine.
4. Charter Section 423 requires that all proposed General Plan amendments be reviewed
to determine if the square footage (for non - residential projects), peak hour vehicle trip,
or dwelling unit thresholds would be exceeded as the means to determine whether a
vote by the electorate would be required to approve the General Plan amendment.
Pursuant to Council Policy A -18, voter approval is not required as the proposed
General Plan amendment does not exceed the non - residential floor area threshold,
does not exceed the peak hour vehicle trips threshold, and does not create any new
dwelling units.
5. A tentative parcel map for commercial condominiums purposes, and to combine the
two parcels into a single building site in order to accommodate development of the
new commercial business plaza has been prepared in accordance with Title 19 of the
NBMC. The City Council determined in this case that the proposed parcel map is
consistent with the legislative intent of Title 20 of the NBMC, and the following findings
per Section 19.12.070, and facts in support of such findings, are set forth:
A. Finding:
That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with
applicable provisions of the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding_
A -1. The proposed parcel map is for commercial condominium purposes and to
combine two existing parcels of land into a single building site. As part of the
proposed project, the applicant requests approval of a General Plan
amendment to increase the maximum allowable development limit on the
subject property. If the General Plan amendment is approved, the proposed
subdivision and improvements of the subdivision would be consistent with the
General Plan and the MU -H2 land use designation.
B. Finding:
That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
B -1. The lot is regular in shape, has a slope of less than 20 percent, and is suitable
for development.
2 1
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Page 5 of 21
B -2. As part of the proposed project, the applicant requests approval of a General
Plan amendment and an amendment to the Koll Center Planned Community
text to increase the maximum allowable development limit on the subject
property. If the General Plan amendment and planned community text
amendment are approved, the project site would be physically suitable for the
amount of entitlement (or intensity) proposed for development of the site.
C. Finding:
That the design of the subdivision or the proposed improvements will not cause
substantial environmental damage nor substantially and avoidably injure fish or
wildlife or their habitat. However, notwithstanding the foregoing, the decision -
making body may nevertheless approve such a subdivision if an environmental
impact report was prepared for the project and a finding was made pursuant to
Section 21081 of the California Environmental Quality Act that specific
economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
Facts in Support of Finding:
C -1. A MND has been prepared for the proposed project, and it has been
determined that the design of the subdivision or the proposed development will
not result in a significant effect on the environment, nor substantially and
avoidably injure fish or wildlife or their habitat.
D. Finding:
That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
Facts in Support of Finding:
D -1. The proposed parcel map is for commercial condominium purposes, and to
combine two existing parcels into a single building site. Construction for the
proposed project will comply with all Building, Public Works, and Fire Codes,
which are in place to prevent serious public health problems. Public
improvements will be required of the developer per Section 19.28.010 of the
Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances
of the City and all Conditions of Approval will be complied with.
E. Finding:
That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision. In this connection, the decision -
making body may approve a map if it finds that alternate easements, for access
or for use, will be provided and that these easements will be substantially
22-
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Page 6 of 21
equivalent to easements previously acquired by the public. This finding shall
apply only to easements of record or to easements established by judgment of
a court of competent jurisdiction and no authority is hereby granted to the City
Council to determine that the public at large has acquired easements for access
through or use of property within a subdivision.
Facts in Support of Finding:
EA The design of the development will not conflict with any easements acquired by
the public at large for access through or use of property within the proposed
development as there are no public easements that are located on the property.
F. Finding:
That, subject to the detailed provisions of Section 66474.4 of the Subdivision
Map Act, if the land is subject to a contract entered into pursuant to the
California Land Conservation Act of 1965 (Williamson Act), the resulting parcels
following a subdivision of the land would not be too small to sustain their
agricultural use or the subdivision will result in residential development
incidental to the commercial agricultural use of the land.
Facts in Support of Finding:
F.1 Because the subject property is not considered an agricultural preserve and is
less than 100 acres, it is not subject to the Williamson Act. In addition, the
subject property is zoned PC -15 (Koll Center Newport Planned Community),
which does not allow agricultural uses.
G. Finding:
That, in the case of a "land project" as defined in Section 11000.5 of the
California Business and Professions Code: (a) there is an adopted specific plan
for the area to be included within the land project, and (b) the decision- making
body finds that the proposed land project is consistent with the specific plan for
the area.
Facts in Support of Finding:
GA The property is not a "land project" as defined in Section 11000.5 of the
California Business and Professions Code, and the project site is not located
within a specific plan area.
H. Finding:
That solar access and passive heating and cooling design requirements have
been satisfied in accordance with Sections 66473.1 and 66475.3 of the
Subdivision Map Act.
ZZ-3
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Paoe 7 of 21
Facts in Support of Finding:
H.1 The proposed parcel map and improvements associated with the proposed
project are subject to Title 24 of the California Building Code that requires new
construction to meet minimum heating and cooling efficiency standards
depending on location and climate. The Newport Beach Building Department
enforces Title 24 compliance through the plan check and inspection process.
Finding:
That the subdivision is consistent with Section 66412.3 of the Subdivision Map
Act and Section 65584 of the Califomia Government Code regarding the City's
share of the regional housing need and that it balances the housing needs of
the region against the public service needs of the City's residents and available
fiscal and environmental resources.
Facts in Support of Finding:
1.1 The proposed parcel map is for commercial condominium purposes and to
combine two existing parcels into a single building site. No residential uses are
proposed as part of the project, and no affordable housing units are being
eliminated.
Finding:
That the discharge of waste from the proposed subdivision into the existing
sewer system will not result in a violation of existing requirements prescribed by
the Regional Water Quality Control Board (RWQCB').
Facts in Support of Finding
J.1 The proposed project would not exceed wastewater treatment requirements of
the RWQCB, and additional wastewater discharge into the existing sewer
system generated by the proposed project would not violate RWQCB
requirements.
K. Finding:
For subdivisions lying partly or wholly within the Coastal Zone, that the
subdivision conforms with the certified Local Coastal Program and, where
applicable, with public access and recreation policies of Chapter Three of the
Coastal Act.
W-M
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Page 8 of 21
Facts in Support of Finding:
K.1 The subject property is not located in the Coastal Zone.
6. Pursuant to Chapter 15.45 of the NBMC, the City Council may waive the requirement
for a development agreement in conjunction with City approval of a project that
requires a General Plan amendment and includes non - residential development in
Statistical Area L4 (Airport Area). The City Council finds that the project is minor in
nature as it does not change the General Plan land use designation of the site. The
City Council finds that the project would provide significant public benefits to the City,
as the increased floor area would allow for redevelopment of the existing
underperforming site with a new 46,000 -GSF commercial business plaza; the resultant
project would generate increased property tax revenue; the project would provide
short-term construction jobs and long -term banking and professional business service
employment opportunities; the project would be adequately served by existing public
facilities, infrastructure and services; and the project would result in a decrease in trips
during operation and would not impact the standards for acceptable traffic level of
service in this area of the City. The City Council therefore waives the requirement for
a development agreement.,
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council of the City of Newport Beach does hereby find, on the basis of the
whole record, that there is no substantial evidence that the project will have a significant
effect on the environment and that the Mitigated Negative Declaration reflects the City
Council's independent judgment and analysis. The City Council hereby adopts the
Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting
Program, attached as Exhibit "A". The document and all material, which constitute the
record upon which this decision was based, are on file with the Planning Department,
City Hall, 3300 Newport Boulevard, Newport Beach, California.
2. The City Council of the City of Newport Beach does hereby approve General Plan
Amendment No. GP2008 -007 to increase the maximum allowable development for
Anomaly Location #6 from 34,500 gross square feet to 46,044 gross square feet. Table
LU2 and of the Land Use Element of the General Plan shall be amended as provided in
Exhibit "B ".
3. The City Council of the City of Newport Beach does hereby approve Tentative Parcel
Map NP2010 -006 subject to the conditions set forth in Exhibit "C ".
4. The City Council of the City of Newport Beach does hereby waive the requirement for a
. development agreement.
25
City Council Resolution No.
Newport Business.Plaza (PA2008 -164)
Paqe 9 of 21
5. The City Council of the City of Newport Beach does hereby approve the Newport
Business Plaza project.
Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 11th
of January, 2011, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
u. VC60
ATTEST:
CLERK
Z (v
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Page 10 of 21
EXHIBIT "A"
Mitigation and Monitoring Reporting Program
No. Mitigation Measure "Time Frame for Responsible 1 Wrification.of Com fiance
Implem n& entatio Mopitocing Initials `Datg Remarks
Monitoring Agenev
A -1 The site shall not be excessively illuminated
based on the luminance recommendations of the
Illuminating Engineering Society of North
America, or, if in the opinion of the Planning
Director, the illumination creates an
unacceptable negative impact on surrounding
land uses or environmental resources. The
Planning Director may order the dimming of
light sources or other remediation upon finding
Prior to p
operation
Newport
Beach
Planning
Department
A -2
Prior to the issuance otbuilding permits, the
Prior to issuance of
City of
applicant shall prepare a final lighting plan for
building permits
Newport
approval by the Planning Department that
Beach
demonstrates spill light trespass and glare are
Planning
below or at luminance levels pursuant to
Department
recommendations of the Illuminating
Engineering Society of North America.
A -3
Exterior on -site lighting shall be shielded and
Prior to site plan
City of
confined within site boundaries. No direct rays
approval
Newport
or glare are permitted to shine onto public streets
Beach
or adjacent sites or create a public nuisance.
Planning
"Walpak" type fixtures are not permitted.
Department
Parking area lighting shall have zero cut -off
fixtures and light standards shall not exceed 20
BIO -1 The removal of ornamental trees on site shall not
be scheduled during the avian nesting season
(approximately February 1— August 31) to ensure
project conformance with the Migratory Bird
Treaty Act. If clearing and grubbing are
proposed to occur between February 1 and
August 31, a preconstruction survey for nesting
birds shall be conducted by a qualified biologist
no more than 7 days prior to the start of
construction.
If nesting birds occur within the disturbance
area, a buffer around the nest shall be determined
by a qualified biologist. All construction
activities shall occur outside the buffer area until
a qualified biologist has determined that the nest
is complete and that no new nesting activity has
occurred within the buffer area.
During construction
construction
contractor
Z7
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Page 11 of 21
vo. ivnnganon lvieasure t une r rame for xesponstote verincatton or mom mance _
Implementation& Mouitoring Initials 1, Date I Remarks
Monitoring A¢encv
CR -I
The project plans shall specify that a qualified
During construction
Project
archaeologist be contacted in the unlikely event
construction
that prehistoric archaeological resources are
contractor
discovered in the project area during ground -
disturbing activities. Work shall stop in the area
of the find and within 50 feet of the find until a
qualified archaeologist can assess the
significance of the find and, if necessary,
develop appropriate treatment measures.
Treatment measures typically include
development of avoidance strategies, capping
with fill material, or mitigation of impacts
through data recovery programs such as
excavation or detailed
documentation. Prehistoric Archeological
monitoring of the project site shall not be
required, unless it is determined by the qualified
archeologist who prepares the treatment
measures for the find that monitoring is required
based on the sediments being excavated and the
significance of the find.
CR -2
Project plans shall specify that that a qualified
During construction
Project
paleontologist shall be contacted in the event that
construction
potential paleontological resources are
contractor
discovered. During construction, the contractor
shall halt site excavation or preparation if
suspected fossilized remains are unearthed.
Construction shall cease on site and shall not be
resumed until a qualified paleontologist is
contacted to assess the resources and identify
appropriate treatment measures, if applicable.
Treatment measures may include salvaging
fossils and samples of sediments as they are
unearthed to avoid construction delays and/or
temporarily halting or diverting equipment to
allow removal of abundant or large specimens.
Recovered specimens shall be prepared to a point
of identification and permanent preservation,
including washing of sediments to recover small
invertebrates and vertebrates. Specimens shall
be curated into a professional, accredited
museum repository with permanent retrievable
storage. A report of findings, with an appended
itemized inventory of specimens, shall be
prepared and shall signify completion of the
program to mitigate impacts on paleontological
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
GEO -1
During the preparation of the grading plans and
Prior to issuance of
City of
prior to issuance of grading permits, the grading
grading permits
Newport
Beach
plans shall stipulate that all grading and
Newport
Beach
earthwork shall be performed in accordance with
Building
the Grading Ordinances of the City of Newport
Department
Beach and the applicable portion of the General
excavation is required to minimize impacts on
Building
Earthwork Specification in Appendix B of the
geotechnical report prepared for the project.
Department
During construction, grading of the site by the
with expansive soils.
contractor shall adhere to grading plans approved
by the City. The implementation of these
GEO -5
During construction, if groundwater rises near or
During contraction
measures shall be verified during field
GEO -2
During the preparation of grading plans and prior
Prior to issuance of
City of
to issuance of grading permits, the grading plans
grading permits
Newport
Beach
shall stipulate that all fill shall consist of non-
Newport
Beach
expansive materials, moisture - conditioned to
Building
near optimum if cohesionless and to 130% of
Department
optimum if cohesive or clayey. The
excavation is required to minimize impacts on
Building
characteristics of the fill soil shall be evaluated
by the geotechnical consultant prior to
Department
placement, and confirmed to meet grading plan
During construction, to minimize the potential
During construction
City of
for soil movement, the upper 24 inches of soil
Newport
I
within the building slab areas (garage slab, and
Beach
ramp) shall be replaced with 2 feet of crushed
Newport
Building
GEO-4
Prior to construction of the parking area, a
Prior to issuance of
City of
geotechnical engineer shall inspect the bottom of
grading permits
Newport
the site excavation to verify that no additional
Beach
excavation is required to minimize impacts on
Building
the structural integrity of the buildings associated
Department
with expansive soils.
GEO -5
During construction, if groundwater rises near or
During contraction
City of
above the proposed excavation during
Newport
construction, underwater construction and a
Beach
dewatering system shall be incorporated to
Building
minimize impacts to the structural integrity of
Department
the buildings.
Prior to demolition of the office buildings on
site, an asbestos - containing materials and lead -
based paint assessment shall be performed by a
qualified environmental professional and
conducted in accordance with all federal, state,
and local requirements, including those
established by National Emissions Standards for
Hazardous Air Pollutants guidelines and the
Occupational Safety and Health Administration
Prior to issuance of City of
grading permits Newport
Beach Public
Works
Department
2-9
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
36
(OSHA). A report shall be famished to the
Building Department by said qualified
environmental professional and shall outline the
occurrence of hazardous materials on the project
site.
■ If asbestos- containing materials are
discovered during site investigations, all
potentially friable asbestos - containing
materials shall be removed in accordance
with federal, state, and local laws and the
National Emissions Standards for Hazardous
Air Pollutants guidelines prior to building
demolition or renovation that may disturb
the materials. All demolition activities shall
be undertaken in accordance with California
Occupational Safety and Health
Administration (Cal/OSHA) standards,
contained in Title 8 of the California Code
of Regulations (CCR), Section 1529, to
protect workers from exposure to asbestos.
Materials containing more than 1% asbestos
are also subject to SCAQMD regulations.
Demolition and the transport and disposal
shall be performed in conformance with
these federal, state, and local laws and
regulations shall avoid significant exposure
of construction workers and/or the public to
asbestos- containing materials.
■ If lead -based paint is discovered during on-
site investigations, all building materials
containing lead -based paint shall be
removed in accordance with Cal/OSHA lead
in construction standard, Title 8, CCR
1532. 1, including employee training,
employee air monitoring, and dust control.
Any debris or soil containing lead -based
paint or coatings shall be disposed of at
landfills that meet acceptance criteria for the
waste being disposed of Demolition and the
transport and disposal shall be performed in
conformance with these federal, state, and
local laws and regulations shall avoid
significant exposure of construction workers
and/or the public to lead -based paint.
HM -2
Prior to site plan approval, the City of Newport
Prior to site plan
City of
Beach shall file a notice of Proposed
approval
Newport
Construction or Alteration with FAA (FAA
Beach
Form 7460 -1) in accordance with Federal
Planning
Aviation Regulation (FAR) Part 77. Following
Department
FAA's aeronautical study of the project site, the
proposed project shall comply with conditions of
approval imposed or recommended by FAA.
Subsequent to these findings, the City shall refer
the proposed project to the Orange County
Airport Land Use Commission for consistent
36
1251
analysis. The Director of Planning, or designee,
shall verify that the City has received a
Determination of No Hazard to Air Navigation
prior to the issuance of building permits for the
northern Darcel.
vehicles using internal combustion engines shall
be equipped with mufflers, air -inlet silencers
where appropriate, and any other shrouds,
shields, or other noise - reducing features in good
operating condition that meet or exceed original
factory specification. Mobile or fixed "package"
equipment (e.g., arc welders, air compressors)
shall be equipped with shrouds and noise control
features that are readily available for that type of
equipment.
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Pane 14 of 21
and prior to plan Newport
check approval Beach Code
Enforcement
City of
Newport
Beach
Building
Department
N -2
All mobile and fixed noise - producing equipment
During grading, site
City of
staging, parking, and maintenance areas shall be
preparation, and
Newport
used on the proposed project that is regulated for
preparation, and
Newport
Beach Code
receptors.
noise output by a local, state, or federal agency
construction
Beach Code
City of
shall comply with such regulation while in the
Enforcement
course of project activity.
City of
Newport
Beach
Building
Department
N -3
Electrically powered equipment shall be used
During final design
City of
instead of pneumatic or internal
and prior to plan
Newport
combustion - powered equipment, where feasible.
check approval
Beach Code
Enforcement
During grading, site
preparation, and
City of
construction
Newport
Beach
Building
Department
N -4
Mobile noise - generating equipment and
During, grading, site
City of
machinery shall be shut off when not in use.
preparation, and
Newport
construction
Beach Code
Enforcement
City of
Newport
Beach
Building
N -5
Material stockpiles and mobile equipment
During, grading, site
City of
staging, parking, and maintenance areas shall be
preparation, and
Newport
located as far as practical from noise - sensitive
construction
Beach Code
receptors.
Enforcement
City of
�I
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Paae 15 of 21
32
Beach
Building
Department
N -6
Construction site and access road speed limits
During, grading, site
City of
shall be established and enforced during the
preparation, and
Newport
construction period.
construction
Beach Code
Enforcement
City of
Newport
Beach
Building
Department
N -7
The use of noise - producing signals, including
During construction
City of
homs, whistles, alarms, and bells, shall be for
Newport
safety warning purposes only.
Beach Code
Enforcement
City of
Newport
Beach
Building
Department
N -8
No project - related public address or music
During, grading, site
City of
system shall be audible at any adjacent receptor.
preparation, and
Newport
construction
Beach Code
Enforcement
City of
Newport
Beach
Building
Department
N -9
The on -site construction supervisor shall have
During final design
City of
the responsibility and authority to receive and
and prior to plan
Newport
resolve noise complaints. A clear appeal process
check approval
Beach Code
to the project proponent shall be established
Enforcement
prior to construction commencement that shall
During grading, site
allow for resolution of noise problems that
preparation, and
City of
cannot be immediately solved by the site
construction
Newport
supervisor.
Beach
Building
De artment
32
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Paae 16 of 21
EXHIBIT "B"
Land Use Element Changes
33
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Paae 17 of 21
..-
Ahoin'cly 5fafisfi6al
'Nambei Area ':
Landllepeveiopment
Desi nation
Limits
:.,
Develo mentLimes Offier
Add9lonaiinformoNon
1
L4
MU -H2
460,095
471 Hotel Rooms (not included in
total square footage)
2
L4
MU -H2
1,060,146
3
L4
CO -G
734,641
4
L4
MU -H2
250,176
5
L4
MU -H2
32,500
6
L4
MU -H2
46,044
7
L4
MU -H2
81,372
8
L4
MU -H2
442,775
9
L4
CG
120,000
164 Hotel Rooms (included in
total square footage)
10
L4
MU -H2
31,362
349 Hotel Rooms (not included in
total square footage)
11
L4
CG
11,950
12
1-4
MU -H2
457,880
13
L4
CO -G
288,264
14
L4
CO- G /MU -H2
860,884
15
L4
MU -H2
228,214
16
L4
CO-G
344,231
17
L4
MU -H2
33,292
304 Hotel Rooms (not included in
total square footage)
18
L4
CG
225,280
19
L4
CG
228,530
21
J6
CO-G
687,000
Office: 660,000 sf
Retail: 27,000 sf
CV
300 Hotel Rooms
22
J6
COG
70,000
Restaurant: 8000 sf, or Office:
70,000 sf
23
K2
PR
15,000
24
L3
IG
89,624
25
L3
PI
84,585
26
L3
IG
33,940
27
L3
IG
86,000
28
L3
IG
110,600
29
L3
CG
47,500
30
M6
CG
54,000
31
L2
PR
75,000
32
L2
PI
34,000
311
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Page 18 of 21
EXHIBIT "c"
CONDITIONS OF APPROVAL
Newport Business Plaza
4699 Jamboree Road and 5190 Campus Drive
A parcel map shall be recorded with the Orange County Clerk- Recorder Department.
The Map shall be prepared on the California coordinate system (NAD83). Prior to
recordation of the Map, the surveyor /engineer preparing the Map shall submit to the
County Surveyor and the City of Newport Beach a digital - graphic file of said map in a
manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision
Code and Orange County Subdivision Manual, Subarticle 18. The map to be
submitted to the City of Newport Beach shall comply with the City's CADD
Standards. Scanned images will not be accepted.
2. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the
Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle
18. Monuments (one inch iron pipe with tag) shall be set on each lot corner, unless
otherwise approved by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of construction project.
3. All improvements shall be constructed as required by City Ordinance and the Public
Works Department, and shall comply with all Building, Public Works and Fire Codes.
4. Redevelopment of the project site shall be in substantial conformance with the
conceptual plans submitted with the application dated March 15, 2010, and on file with
the Planning Department.
No permanent structures may be built within the limits of any easement within the
property, unless otherwise approved by the Public Works Department.
6. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
7. All applicable Public Works Department plan check fees, improvement bonds and
inspection fees shall be paid prior to processing of the map by the Public Works
Department.
8. County Sanitation District fees shall be paid prior to issuance of any building permits, if
required by the Public Works Department or the Building Department.
9. Prior to recordation of the Parcel Map, fair share fees shall be paid in accordance with
City Ordinance 94 -19 of the Newport Beach Municipal Code.
35
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Page 19 of 21
10. Additional Public Works improvements, including street and alley reconstruction, work
may be required at the discretion of the Public Works Inspector.
11. If any of the existing public improvements surrounding the site is damaged by the
private work, public works improvements including, but not limited to, curb and gutter,
sidewalk, and alley /street reconstruction may be required at the discretion of the Public
Works Inspector.
12. An encroachment agreement shall be applied for and approved by the Public Works
Department for all non - standard improvements within the public right -of -way and /or
extensions of private, non - standard improvements into the public right -of -way fronting
the development site.
13. The applicant shall remove and reconstruct the existing concrete driveway and
approach on Jamboree Road per City Standards.
14. The applicant shall remove and replace the existing disabled access ramp at
Jamboree Road and Campus Drive to meet current City Standards.
15. The applicant shall install raised truncated domes in the channelizing median /island on
the southwest corner of Campus Drive and Jamboree Road to meet current ADA
standards.
16. The applicant shall remove and replace any damaged curb, gutter and sidewalk along
the Jamboree Road and Campus Drive frontages. Limits of said replacement shall be
determined by the City Public Works Inspector.
17. Arrangements shall be made with the Public Works Department in order to guarantee
satisfactory completion of the public improvements if it is desired to record a parcel
map or obtain a building permit prior to completion of the public improvements.
18. Overhead utilities serving the site shall be undergrounded to the nearest appropriate
pole in accordance with Section 19.28.090 of the Municipal Code unless it is
determined by the City Engineer that such undergrounding is unreasonable or
impractical.
19. Each commercial unit shall be connected to its individual water meter and sewer
lateral and cleanout located within the public right -of -way. If installed at a location that
will be subjected to vehicle traffic, each water meter and sewer cleanout shall be
installed with a traffic -grade box/frame and cover.
20. Each commercial unit shall be served with an individual water service and sewer
lateral connection to the public water and sewer systems, unless otherwise approved
by the Public Works Department and the Building Department.
21. Each commercial unit shall be served with individual gas and electrical service
connection and shall maintain separate meters for the utilities.
30
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Page 20 of 21
22. In accordance with the provisions of Chapter 13 (or any other applicable chapters) of
the Newport Beach Municipal Code, additional street trees may be required and
existing street trees shall be protected in place during construction of the subject
project, unless otherwise approved by the General Services Department and the
Public Works Department through an encroachment permit or agreement.
23. All improvements shall comply with the City's sight distance requirement. See City
Standard 110 -L.
24. The parking layout shall comply with City Standard #805 -L -A & B. Parking and
circulation shall be subject to further review by the City Traffic Engineer.
25. All on -site drainage shall comply with the latest City Water Quality requirements.
26. All existing drainage facilities in the public right -of -way shall be retrofitted to comply
with the City's on -site non -storm runoff retention requirements. The Public Works
Inspector shall field verify compliance with this requirement prior to recordation of the
parcel map.
27. Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagmen. Traffic control and transportation of equipment and materials shall be
conducted in accordance with state and local requirements.
28. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport
Beach Municipal Code, approved street numbers or addresses shall be placed on all
new and existing buildings in such a location that is plainly visible and legible from the
street or road fronting the subject property. Said numbers shall be of non - combustible
materials, shall contrast with the background, and shall be either internally or
externally illuminated to be visible at night. Numbers shall be no less than four inches
in height with a one -inch wide stroke. The Planning Department Plan Check designee
shall verify the installation of the approved street number or addresses during the plan
check process for the new or remodeled structure.
29. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of the Newport
Business Plaza project including, but not limited to, the General Plan Amendment No.
GP2008 -007, Planned Community Development Plan Amendment No. PD2009 -001,
and Tentative Parcel Map No. NP2010 -006; and /or the City's related California
Environmental Quality Act determinations, the certification of the Mitigated Negative
Declaration and /or the adopted of a Mitigation Monitoring and Reporting Program for
37
City Council Resolution No.
Newport Business Plaza (PA2008 -164)
Pape 21 of 21
the project. This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether
incurred by applicant, City, and /or the parties initiating or bringing such proceeding.
The applicant shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the
City pursuant to the indemnification requirements prescribed in this condition.
30. Tentative Parcel Map No. NP2010 -006 shall expire if the map has not been recorded
within three years of the date of approval, unless an extension is granted by the
Planning Director in accordance with the provisions of Section 19.16 of the NBMC.
Mitigation Measures
31. The applicant shall comply with all mitigation measures and standard conditions
contained within the approved Mitigation Monitoring and Reporting Program of the
adopted Mitigated Negative Declaration (Exhibit "A ") for the project.
Attachment No. CC 3
Draft Ordinance
-39
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT NO. PD2009 -001 (PA2008 -164)
WHEREAS, an application was filed for a General Plan Amendment, Planned
Community Development Plan Amendment, and a Tentative Parcel Map by WPI
Newport, LLC, with respect to property located at 4699 Jamboree Road and 5190
Campus Drive, legally described as Parcels 1 and 2 of Parcel Map, as per map filed in
Book 142, Pages 18 and 19 of Parcel Maps, in the Office of the Orange County
Recorder; and
WHEREAS, the project includes a General Plan Amendment, Planned
Community Development Plan Amendment, and Tentative Parcel Map to allow the
demolition of two existing buildings and redevelopment of the site with a new
approximately 46,000- gross- square -foot commercial business plaza. The General Plan
Amendment would increase the maximum allowable development limit for Anomaly
Location. #6 of the Land Use Element by 11,544 gross square feet. The Planned
Community Development Plan Amendment would amend the Koll Center Newport
Planned Community text to allow an increase to the Allowable Building Area for
Professional & Business Site F by 18, 346 net square feet; and
WHEREAS, on August 5, 2010, the Planning Commission conducted a public
hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California. A notice of time, place and purpose of the meeting was given in
accordance with the Municipal Code. Evidence, both written and oral, was presented
to and considered by the Planning Commission at this meeting; and
WHEREAS, at the August 5, 2010, public hearing, the Planning Commission
received public comments and voted (6 ayes and 1 excused) to recommend approval
of the proposed Planned Community Development Plan Amendment; and
WHEREAS, a public hearing was held by the Newport Beach City Council on
January 11, 2011, (continued from the October 26 and November 23, 2010 meetings), in
the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place, and purpose of the meeting was given in accordance with the
Municipal Code and State Law. Evidence, both written and oral, was presented to and
considered by the City Council at this meeting; and
WHEREAS, an amendment to the Planned Community Development Plan is a
legislative act. Neither the City nor State Planning Law set forth any required findings
for either approval or denial of such amendments; and
WHEREAS, the General Plan includes several goals and policies emphasizing
high quality redevelopment and new development of sites, utilizing adequate standards
40
for site and building design, parking and undergrounding of utilities, landscaping, and
signage control. The Koll Center Newport Planned Community Development Standards
provides the regulations to implement these various goals and policies. Other than the
increase in allowable building area for Office Site F from 24,300 net square feet to
42,646 net square feet, the project as proposed meets all general development
standards specified in the planned community text; and
WHEREAS, a Mitigated Negative Declaration (MND) was circulated for a 20 -day
public comment period that began on May 19, 2010, and concluded on June 7, 2010. The
contents of the MND and comments on document the were considered by the Planning
Commission at the August 5, 2010, public hearing; and
WHEREAS, a Mitigation Monitoring and Reporting Program was completed to
implement all mitigation measures required by the MND; and
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: The Koll Center Newport Planned Community text shall be
amended as provided in Exhibit "A ", with all other provisions of the existing Planned
Community District Regulations remaining unchanged and in full force and effect.
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. This Ordinance shall be published once in the official newspaper of
the City, and the same shall become effective thirty (30) days after the date of its
adoption.
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on January 11, 2011, and adopted on January 25, 2011, by
the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
im
APPROVED AS TO FORM:
a"
CITY ATTOR EY
42
Exhibit "A"
Planned Community Development Plan
Amendment
43
PART II
Section I.
Group I
1010V IS 11
Site Area and Building Area
PROFESSIONAL & BUSINESS OFFICES
Acreages shown are net buildable land area including landscape setbacks with
property lines. (4)
a
Site A
Site B
Site C
Site D
Site E
Site F
Site G
Site A
Site B
Site C
Site D
Site E
Site F
Site G
Building Sites (4)
Total Acreage
30.939 acres * (29)
43.703 acres (11)
18.806 acres (10)
19.673 acres
2.371 acres
1.765 acres
5.317 acres (8)
122.574 acres (8)(10)(11)
Allowable Building Area
Office Acreage
30.939 acres *(29)
43.703 acres (11)
18.806 acres (10)
19.673 acres
2.371 acres
1.765 acres
5.317 acres (8)
122.574 acres 8)(10)(11)
366,147 square feet (16)(26)(29)(30)
967,803 square feet (13)(16)(28)(30)
674,800 square feet (10)(15)
240,149 square feet (8)(13)
32,500 square feet (4)
42,646 square feet (4) (3 1)
45,000 square feet (8)
2,350,699 square feet _(15)( *)
*(3)(4). In addition to 19.399 acres of office use, there is 9.54 acres for hotel and motel and
2.0 acres of lake within Office Site A. Therefore, there are 30.939 acres net within
Office Site A. (3)(4)(16)
�W
C.
Gol
Statistical Analysis (4)
The following statistics are for information only.
Development may include but shall not be limited to the following:
Story heights shown are average heights for possible development. The
buildings within each parcel may vary.
Assumed Parking Criteria:
a. One (1) space per 225 square feet of net building area @ 120 cars per
acre for Sites C, D, E, F and G.
b. One (1) space per 300 square feet of net building area @ 120 cars per
acre for Sites A, B and C. (11)
Site F (4)
Allowable Building Area
Site Area
a. Building Height
One story development
Two story development
Three story development
Four story development
Five story development
Six story development
b. Parking
190 cars
C. Landscaaped Qpen S ace
One story development
Two story development
Three story development
Four story development
Five story development
Six story development
..42,646 square feet
......... 1.765 acres
Land Coverage
............... 0.98 acres
............... 0.49 acres
............... 0.33 acres
............... 0.24 acres
0.20 acres
0.16 acres
Land Coverage
......... 1.58 acres
Land Coverage
........... <0.80> acres
............... <0.31> acres
............... <0.15> acres
............... <0.06> acres
<0.02> acres
<0.03> acres
45
Attachment No. CC 4
City of Newport Beach
Development Agreements
M
CITY OF NEWPORT BEACH
DEVELOPMENT AGREEMENTS
4i
Development Agreement No. 1
Development of a 65,269 square foot medical office building
Park Lido, Ltd.
at 351 Hospital Road. Project was never pursued and
approvals sunsetted.
Status: Project not implemented
Development Agreement No. 2
Construction of 888 residential dwelling units and 50,000
The Irvine Company
square feet of commercial development in North Ford PC,
and 295,000 square feet of office development in Koll Center
Status: Completed
Newport PC.
Development Agreement No 3.
Establishment of specific development rights and related
J.M. Peters Co.
obligations pursuant to annexation of the 64 -acre Bayview
site to the City.
Status: Completed
Development Agreement No. 4
Allowed for the exchange of a 2 -acre existing library site in
The Irvine Company — Library
Civic Plaza PC for a 4 -acre site owned by The Irvine
Exchange Agreement
Company in Newport Village PC.
Status: Completed
Development Agreement No. 5
Established limits on the amount and height of development
Hoag Memorial Hospital
and timing of construction of the 17.57 -acre upper campus
Presbyterian
and 20.41 -acre lower campus, consistent with the master
plan. Also established requirements for dedication of
Status: Active
property, funding for construction of public improvements
and the installation of landscaping.
Development Agreement No. 6
A comprehensive program for land use entitlement,
The Irvine Company —
circulation system improvements and open space dedication
Circulation Improvement and
throughout the City. City and The Irvine Company
Open Space Agreement
( "Landowner') entered into the Circulation Improvement and
(CIOSA)
Open Space Agreement pertaining to 12 parcels of real
property. Under the CIOSA, the Landowner: (1) Committed
Status: Complete
to road improvements adjacent to proposed projects, made
an interest -free loan to City, and pre -paid required fair share
road improvement fees that City used as matching funds
when obtaining outside transportation funding; and (2)
Committed to'dedicating 138.1 acres for open space and
public facilities which was more than was required for the
twelve (12) parcels under the City of Newport Beach
General Plan and the City of Newport Beach Park
Dedication Ordinance, in effect at the time.
Development Agreement No. 7
Established maximum permitted development allocation of
Pacific View Memorial Park
30,000 square feet of administrative offices and support
facilities, 121,680- square feet of community mausolea and
Status: Active
12,000- square feet of garden crypts including family
mausolea. Also established development phasing,
construction scheduling, landscaping and maintenance of
landscaped buffers between the memorial park and abutting
4i
40
residences.
Development Agreement No. 8
Provided for transition of land use from commercial /industrial
Ford Motor Land Development
uses to residential uses, and the development standards for
Corporation (Pacific Bay Homes)
450 residential dwelling units. Developer committed to
provide financial assistance in resolving traffic circulation
Status: Completed
issues in the Eastbluff community, financing of extraordinary
environmental monitoring of site remediation and
assurances for funding or providing affordable housing units
within the City.
Development Agreement No. 9
Grants approval to construct a new 244,000- square foot
Fletcher Jones Motor Cars
automobile dealership. The City committed to assembling
the parcel, waive certain fees, prepare an EIR, and construct
Status: Active
a portion of Bayview Way. The developer committed to
prepare plans, secure financing, construct the project, pay
an annual reimbursement fee and pay fair share fees.
Development Agreement No. 10
Grants vested development rights to the church to construct
Newport Harbor Lutheran
a total of 40,000 square feet of floor area for future
Church
expansion of its facilities and uses on site.
Status: Active
Development Agreement No. 16
Development of a 250,000 square foot 10 -story office
Koll Center Newport
building, and a 6 -level and 2 -level parking structure.
Applicant agreed to pay certain special mitigation fees to
Status: Project not implemented
fund long -range traffic improvements to intersections and
roadways, fair share fees, and funding to contribute to a new
fire station in area, for a vested right the develop the
property.
Development Agreement No.
Development in 2 phases of: (1) 88 timeshare units within
2005 -002 — Hyatt Regency
seven buildings, (2) construction of a new 800 -seat ballroom
facility; (3) construction of a new 10,072 square -foot spa and
Status: Approved
fitness center, including a new outdoor pool facility; (4)
conversion an existing building used for storage to a
housekeeping and engineering use; and (5) construction a
new two -level parking garage. Applicant agreed to provide
public benefits as consideration for the Development
Agreement, including the timeshare development fee in the
amount of $3,000,000; a visitor and recreational facilities fee
in the amount of $2,000,000 to be used for improvements
that provide visitor and recreational facilities at Marina Park
or at any other site designated by the City; an off -site water
quality improvement fee in the amount of $1,000,000; and a
bayfront walkway connection fee in the amount of $100,000
to be used towards the cost of public improvements that
expands access to the bayfront, such as the Marine Avenue
Brid a /Ba side Drive bayfront walkway connection.
Development Agreement No.
Grants The Irvine Company entitlement and transfer rights
2007 -002 — North Newport
within the North Newport Center Planned Community. The
Center
agreement specifies the term, permitted uses, density and
intensity of development, circulation improvements, public
Status: Active
benefits, City Hall site, and dedication of street right-of-way
40
Proposed Development Development of a maximum of 1,375 dwelling units, 75,0
Agreement — Newport Banning square feet of commercial retail, 75 -room boutique hotel,
Ranch "bed and breakfast ", or other overnight accommodations,
and open space. The agreement vests The Irvine
Company's right to build up to 75,000 sq. ft. of retail space,
205,161 sq. ft. of office space (through the transfer of
development rights), and 430 residential units in Block 500,
Block 600, and /or San Joaquin Plaza. The term of the
Agreement is 20 years and will expire in 2028.
Development Agreement No.
Development of 79 condominiums. The approval contains a
2008 -002 — 900 Newport Center
condition requiring that 15% of the total units would be
Drive (Lennar Homes)
available for affordable income households. MOU
established City's and applicant's agreement to prepare and
Status: DA applied for, but not
enter into a development agreement. Provisions of MOU
executed
establish that: (1) applicant agrees to pay $5,000,000 to City
as a public benefit, (2) City to expeditiously review
Affordable Housing Agreement to implement an AHIP and
provide expedited review of development plans, and (3) City
development approvals vested for 5 years.
Proposed Development
Development of 5 single - family dwelling units and 27 short-
Agreement — Newport Beach
term rental units, a 3,725- square foot tennis clubhouse and
Country Club
a new stadium center court, a new 35,000- square foot golf
clubhouse, and new parking lot and private hand car wash.
Proposed Development
Development of a new 56,000- square foot clubhouse,
Agreement - IBC /Newport
parking lot and maintenance facility.
Beach Country Club
Proposed Development Development of a maximum of 1,375 dwelling units, 75,0
Agreement — Newport Banning square feet of commercial retail, 75 -room boutique hotel,
Ranch "bed and breakfast ", or other overnight accommodations,
City Council MeeUl ly
January 11, 2011
(Continued from October 26 and November 23, 2010)
NEWPORT BUSINESS PLAZA
5190 CAMPUS DRIVE
4699 JAMBOREE ROAD
Development Agreements
Required Per General Plan policy for:
■ Residential and mixed -use projects in
Newport Center /Fashion Island (Statistical
Area Li), and
■ Residential development in the Airport Area
(Statistical Area L4).
Development Agreements
Required by NBMC for projects requiring a
legislative act and that include one or more of the
following:
■ Development of 50 or more residential units,
• Residential development in Mariners' Mile,
• New non - residential development in Newport
Center /Fashion Island, North Ford Area, or the
Airport Area, and /or
■ Time share projects.
Development Agreements
May be waived(*) by City Council if Council finds:
• That the legislative act is of a minor nature; or
• The project provides significant public benefits
to the City; or
• The nature of the project is such that neither the
City nor the developer would benefit from a
development agreement.
( *Except when required by General Plan Policy)
Center
olof.
p
F,
Approvals Requested:
■ Amend the General Plan Land Use Element to
increase development limit by 11,544 GSF
■ Amend the Koll Center Newport Planned
Community text to increase the allowable
building area by 18,346 NSF.
■ Tentative Parcel Map for commercial
condominium purposes and combine z lots
into a single parcel of land.
■ Waiver of Development Agreement
Recommendation:
1. Adopt a Resolution documenting the
following actions:
• Adopt the MND, including the MMRP
• Approve the General Plan Amendment
Approve the Tentative Parcel Map
Waive Development Agreement
2. Introduce an Ordinance approving
Amendment to Koll Center Newport PC
pass to a second reading on January 25,
2011.