HomeMy WebLinkAbout04 - Newport Center Planned Community Amendments Second Reading of Ordinances (PA2015-109) - Amended 2015-31ORDINANCE NO. 2015-31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING PLANNED
COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2015-
001 AMENDING THE COPORATE PLAZA, CORPORATE PLAZA
WEST, AND BLOCK 500 PLANNED COMMUNITY DISTRICT
REGULATIONS (PA2015-109)
WHEREAS, The Irvine Company filed applications requesting approval of
amendments to the North Newport Center Planned Community Development Plan
(PCDP), Block 500 Planned Community District Regulations, and a Transfer of
Development from the Corporate Plaza and Corporate Plaza West Planned Communities
to the North Newport Center Planned Community Block 100;
WHEREAS, the requested amendment to the North Newport Center PCDP does
the following: (i) update development limits to reflect past transfers of development and
adds two existing buildings (2071 and 2101 San Joaquin Hills Road) to subarea Block
500; (ii) modify height limits, allowed uses, parking requirements, and sign regulations;
WHEREAS, the proposed amendment to the Block 500 Planned Community
District Regulations removes 2071 and 2101 San Joaquin Hills Road from the planned
community;
WHEREAS, the transfer of development application shifts unbuilt development
from the Corporate Plaza (15,468 square feet) and Corporate Plaza West (5,693 square
feet) Planned Communities to the North Newport Center Planned Community Block
100, which allows for the continued use of a 21,161 square foot building within the North
Newport Center Planned Community Block 100 and full occupancy of 520 Newport
Center Drive ensuring that development limits of the General Plan are not exceeded;
WHEREAS, amendments to the Corporate Plaza and Corporate Plaza West
Planned Community District Regulations have been included with The Irvine Company
applications to reduce the maximum development intensity allowed within the two planned
communities to reflect the applicant’s requested transfer of development;
WHEREAS , on September 17, 2015, after a noticed public hearing, the Planning
Commission received public comments and on an affirmative motion (5 ayes, 0 noes, 2
absent), forwarded a recommendation to the City Council to adopt Transfer of
Development No. TD2015-001 and Planned Community Development Plan Amendment
No. PD2015-001;
WHEREAS, the requested amendment of the Block 500 Planned Community
District Regulations is appropriate and is necessary to maintain consistency with the
proposed changes to the North Newport Center PCDP;
November 10, 2015
Item No. 4
Ordinance No. 2015-32
Page 2
WHEREAS, the amendments to the Corporate Plaza and Corporate Plaza West
Planned Community District Regulations to reduce the maximum development intensity
are appropriate and will maintain consistency with the General Plan and Transfer of
Development No. TD 2015-001; and
WHEREAS, on October 27, 2015, after a noticed public hearing, the City Council
considered The Irvine Company’s application request for a transfer of development
(TD2015-001) and Planned Community Development Plan Amendment No. PD2015-001,
and all verbal and written evidence submitted at the hearing.
NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1: Section I, Subsection 3 of the Corporate Plaza Planned Community
District Regulations is amended to reduce the maximum allowed gross building floor area
by 8,440 square feet from 477,430 477,320 square feet to a not to exceed amount of
468,880 square feet.
Section 2: The Corporate Plaza Planned District Regulations are amended to
change the name of “Farallon Drive” to “Civic Center Drive” and replace the land use plan
map with the map attached as Exhibit A, which is incorporated herein by reference.
Section 3: Section I, Subsection 3 of the Corporate Plaza West Planned
Community District Regulations is amended to reduce the maximum allowed gross
building floor area by 3,017 square feet from 159,688 square feet to a not to exceed
amount of 156,671 square feet.
Section 4: The Corporate Plaza West Planned District Regulations are amended to
replace the land use plan map with an updated map attached as Exhibit B, which is
incorporated by reference.
Section 5: The Block 500 Planned Community District Regulations are amended to
remove 2071 and 2101 San Joaquin Hills Road by replacing the land use plan map with
the map attached as Exhibit C, which is incorporated by reference, and reducing the
maximum allowed gross building floor area by 24,000 square feet from 97,400 square feet
to 74,400 73,400 square feet.
Section 6: If any section, subsection, sentence, clause or phrase of this ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 7: The City Council finds the proposed amendments to the Corporate
Plaza, Corporate Plaza West, and Block 500 Planned Community District Regulations
Ordinance No. 2015-32
Page 3
exempt from and not subject to the California Environmental Quality Act (CEQA) pursuant
to Section 15061(b)(3) (General Rule) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3 because it can be seen with certainty that there is no
possibility that the project could have a significant effect on the environment. No
development would be authorized and all development within the affected planned
communities is within the limits of the General Plan. The transfer of unbuilt development to
Block 100 of the North Newport Center Planned Community will allow the continued use of
an existing building and no new development would result. A traffic analysis was prepared
under the supervision of the City Traffic Engineer and it concludes the transfer is trip
neutral and no significant impact to traffic would result.
The City Council further 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 the
applicant, The Irvine Company, 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
Section 8: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published in the official newspaper of the City, and it shall be effective thirty (30) days after
its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 27th day of October, 2015, and adopted on the 10th day of
November, 2015, by the following vote, to-wit:
AYES, COUNCILMEMBERS ____________________________________________
NOES, COUNCILMEMBERS ____________________________________________
ABSENT COUNCILMEMBERS __________________________________________
MAYOR_______________________________________________
Edward D. Selich
ATTEST:
_____________________________________
Leilani I. Brown, City Clerk
Ordinance No. 2015-32
Page 4
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
_____________________________________
Aaron C. Harp, City Attorney
Exhibit A
Updated Corporate Plaza
Planned Community District Regulations
Land Use Map
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ICorporate Plaza Planned Community
Date: 11/10/2015Document Name: PC_17_Corporate_Plaza
Professional / Office / Commercial / Medical