HomeMy WebLinkAbout2052 - MAJOR SITE DEVELOPMENT REVIEW FOR UPTOWN NEWPORT - 4311 Jamboree Rd RESOLUTION NO. 2052
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING AN
AMENDMENT TO MASTER SITE DEVELOPMENT REVIEW NO
SD2017-001 FOR THE 25.05 ACRE PLANNED COMMUNITY
KNOWN AS UPTOWN NEWPORT LOCATED AT 4311 AND 4321
JAMBOREE ROAD (PA2017-031)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On February 26, 2013, the City Council certified the Uptown Newport Final
Environmental Impact Report No. ER2012-001 (SCH No. 2010051094) (EIR) and
approved the following entitlement applications for the Uptown Newport Planned
Community:
A. Planned Community Development Plan Amendment No. PD2011-003: An
amendment to Planned Community Development Plan #15 (Koll Center Planned
Community) to remove the subject property from the Koll Center Planned
Community, pursuant to Chapter 20.66 (Amendments) of the Municipal Code.
B. Planned Community Development Plan Adoption No. PC2012-001: A Planned
Community Development Plan (PCDP) adoption to establish the allowable land
uses, general development regulations, and implementation and administrative
procedures, which would serve as the zoning document for the construction of up
to 1,244 residential units, 11,500 square feet of retail commercial, and 2.05 acres
of park space to be built in two (2) separate phases on a 25.05-acre site, pursuant
to Chapter 20.56 of the Municipal Code. The PCDP has three (3) components: 1)
Land Uses, Development Standards& Procedures; 2) Phasing Plan; and 3) Design
Guidelines. The Land Uses, Development Standards & Procedures provides land
use development regulations, site development standards, and implementation
process by requiring a master site development review approval by the Planning
Commission for the entire Uptown Newport project; and a minor site development
review approval by the Community Development Directorforthe individual buildings
and construction of the two neighborhood parks.
C. Tentative Tract Map No. NT2012-002: A tentative tract map to establish lots for
residential development purposes pursuant to Title 19 of the Municipal Code.
D. Traffic Study No. TS2012-005: A traffic study pursuant to Chapter 15.40 (Traffic
Phasing Ordinance) of the Municipal Code.
Planning Commission Resolution No, 2052
Page 2 of 10
E. Affordable Housing Implementation Plan No. AH2O12-001: A program specifying
how the proposed project would meet the City's affordable housing requirements,
pursuant to Chapter 19.53 (Inclusionary Housing) and Chapter 20.32 (Density
Bonus) of the Municipal Code.
F. Development Agreement No. DA2012-003 (adopted on March 12, 2013): A
Development Agreement between the applicant and the City of Newport Beach
describing development rights and public benefits, pursuant to Section
15.45.020(A)(2)(a) of the Municipal Code and General Plan Land Use Policy
LU6.15.12.
2. On September 5, 2013, the Planning Commission approved Master Site Development
Review No. SD2013-002 (MSDR) for the entire 25.05-acre planned community known
as Uptown Newport. Phase 1 consists of up to 680 units, 11,500 square feet of retail,
and a one-acre park to be developed on Lots 1, 3 and 4 of Tract Map 17763. Phase 2,
to be developed at a later date, consists of 564 units and the remaining one-acre park.
The Planning Commission also approved prototypical architectural building elevations,
master landscape plan and plant palette, preliminary public parks and paseo plans,
preliminary master wall/fence plans, master signage plans and preliminary site
improvement plans for the entire development. The purpose of this approval is to ensure
that the project will be developed in a cohesive manner in phases consistent with the
PCDP, Development Agreement, environmental mitigation measures required by EIR,
and applicable City codes and standards.
3. On January 14, 2016, the Community Development Director approved the Minor Site
Development Review for the construction of 455 residential apartment units in two
separate buildings located along Jamboree Road, on Lots 3 and 4 of Tract Map 17763.
The Picerne Group (Picerne) is the developer in partnership with the applicant. The
southerly building was approved for 222 apartment units and 10,700 square feet of retail
use on Lot 3. The northerly building located on Lot 4 would contain 233 units. The area
between the two proposed buildings is a 50-foot wide paseo allowing pedestrian access
from Jamboree Road and the internal spine street.
4. An application was filed by TSG-Parcel 1, LLC on behalf of Uptown Newport Jamboree
LLC, a Delaware Limited Liability Company, with respect to property generally located on
the north side of Jamboree Road between Birch Street and the intersection of Von Karman
Avenue and MacArthur Boulevard, at 4311 and 4321 Jamboree Road, and legally
described as Parcel Map No. PM2013-108, requesting approval of an amendment to
Master Site Development Plan SD2013-002.
01-03-17
Planning Commission Resolution No. 2052
Page 3 of 10
5. The amendment application proposes alternative locations and phasing of the 11,500
square foot commercial component. Picerne and the applicant seek to eliminate the
commercial component from Lot 3 of Tract Map 17763 and replace it with seven (7)
additional apartment units.As an alternative, the applicant proposes approximately 3,500
square feet of commercial area to be developed on Lot 2 and 3,000 square feet on Lot
1 as part of Phase 1. The remaining commercial component could be developed in
Phase 1 and/or Phase 2.
6. The Property has a General Plan designation of Mixed-Use District Horizontal-2 (MU-1-12),
and is zoned Uptown Newport Planned Community (PC-58) District.
7. The subject property is not located within the coastal zone.
8. A public hearing was held on March 23, 2017, in the Council Chambers at 100 Civic Center
Drive, Newport Beach in regards to the MSDR amendment application. A notice of time,
place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. All significant environmental effects for the PCDP have been adequately addressed in
the previously certified Environmental Impact Report No. ER2012-001 (SCH No.
2010051094)("EIR"), which included a mitigation, monitoring and reporting program and
statement of overriding considerations, and the City of Newport Beach intends to use
said document for the approval of the subject MSDR application and its implementation.
The Planning Commission finds that the Addendum, together with the EIR, reflects its
independent judgement, and further finds that these documents, which are incorporated
herein by reference, have been completed and are in compliance with and satisfy the
requirements of CEQA, the CEQA Guidelines and the City's local CEQA Guidelines.
Copies of the previously prepared environmental document are available for public
review and inspection at the Planning Division or at the City of Newport Beach website
at www.newportbeachca.gov/cegadocuments.
2. MSDR is required by the PCDP, and the MSDR amendment application ensures that
the subject property is developed consistent with the previously approved entitlements
identified above as updated to identify the location of commercial use in Phase 1. The
MSDR amendment application locates up to 3,500 square feet of commercial use in Lot
2 and 3,000 square feet in Lot 1 of Tract No. 17763 during Phase 1 development. The
remainder of the commercial square footage will be located within the balance of Phase
1 and/or Phase 2.
3. The MSDR amendment application does not seek an increase in intensity or to change
the development standards. The changes to the project and circumstances under which
the project is undertaken, including the placement of commercial square footage near
the existing Southern California Edison substation (substation), are not substantial and
will not require major revisions to the EIR due to the involvement of new significant
01-03-17
Planning Commission Resolution No. 2052
Page 4 of 10
environmental effects or a substantial increase in the severity of previously identified
effects. There are no additional reasonable alternatives or mitigation measures that
should be considered in conjunction with the MSDR, the MSDR amendment application
and the implementation thereof. There is no new information of substantial importance
showing the project will have new significant effects, substantially more severe
previously identified significant effects, new mitigation measures or alternatives, or that
mitigation measures or alternatives previously found not to be feasible are now feasible.
None of the conditions in CEQA Guidelines Section 15162 requiring the need for further
subsequent or supplemental environmental review have occurred. State CEQA
Guidelines allow for the updating and use of a previously certified EIR if some changes
or additions are necessary but none of the conditions described in Section 15162 calling
for preparation of a subsequent or supplemental EIR occur in connection with the MSDR
amendment. In cases where changes or additions occur with no new significant
environmental effects, and without a substantial increase in the severity of previously
identified significant environmental effects, an Addendum to a previously certified EIR
may be prepared (CEQA Guidelines Section 15164).
4. The proposed changes in the MSDR amendment application do not require major
revisions to the EIR, and there are no new, previously unconsidered significant
environmental effects. No new effects would occur, nor would a substantial increase in
the severity of previously identified significant effects occur, because of the proposed
location of up to 3,500 square feet of commercial use in Lot 2 of Tract No. 17763 during
Phase 1 development. The substation is located on Lot 2 of Tract No. 17763, and the
EIR analyzes health hazards related to electric and magnetic fields ("EMF") from the
substation. The overall commercial square footage, number of residential units and
proximity of residential units to the existing Jazz Semiconductor facility, substation and
66 kV overhead electric power transmission line have not changed.
5. There is no state or nationally recognized regulatory standards for EMF exposure for
the general public. Nevertheless, the EMF study prepared in connection with the
Addendum evaluated magnetic fields from the substation and the associated overhead
electric power transmission lines in proximity to the relocated commercial/retail use onto
Lot 2 as part of the MSDR amendment and concludes that EMF exposure levels would
not create any new significant hazards to the public or environment.
6. The Planning Commission 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.
01-03-17
Planning Commission Resolution No. 2052
Page 5 of 10
SECTION 3. REQUIRED FINDINGS.
Finding:
A. The MSDR Amendment application is consistent with the General Plan.
Facts in Support of Finding
Al. The subject property has a General Plan Land Use Element designation of Mixed-Use
Horizontal 2 (MU-1-12), which 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 MU-H2
designation applies to a majority of properties in the Airport Area outside the high noise
levels from John Wayne Airport. The MU-H2 allows a maximum of 2,200 residential units
as replacement of existing office, retail, and/or industrial uses at a maximum density of
50 units per adjusted gross acre. The proposed amendment to MSDR is consistent with
the MU-H2 designation as no changes are being proposed that would affect the overall
density and/or intensity of the entire development.
Finding
In accordance with Section 4.1 of the Land Uses, Development Standards and Procedures of
the PCDP, the purpose of the Master Site Development Review is to ensure that the Uptown -
Newport Project is developed consistent with the PCDP, Development Agreement, applicable
environmental mitigation measures, and applicable City Codes and standards. The consistency
findings and facts in support of the MSDR application are set forth below:
B. The MSDR Amendment application is in compliance with the provisions of the Land
Uses, Development Standards and Procedures of the PCDP.
Facts in Support of Finding
B1. The PCDP is intended to be a multi-family residential community with neighborhood-
serving retail uses for residents, visitors and nearby commercial uses. The Design
Guidelines of the PCDP envisioned the mixed use node of the project to be located at the
entrance to draw upon traffic and visibility from Jamboree Road to enhance its commercial
viability. The PCDP allows up to 1,244 residential units, 11,500 square feet of commercial
uses and two, one-acre public parks. The PCDP does not specify or limit the location of
the commercial uses. The amendment does not propose additional development beyond
the existing project approvals, or any revisions to the Land Uses, Development Standards
and Procedures of the PCDP. Therefore, the request to develop commercial uses on Lots
1 and 2 rather than Lot 3 is consistent with the land use regulations provided in Section 2
of the PCDP.
B2. The commercial square footage in Lot 3 of Tract No. 17763 was depicted on Master Site
Development Plan Sheet LD-2, dated 7/19/2013. The application revises the Master Site
01-03-17
Planning Commission Resolution No. 2052
Page 6 of 10
Development Plan to locate commercial uses within Lots 1 and 2 of Lot 2 Tract No. 17763.
If after the development of Phase 1 there is any commercial floor area remaining, it could
be constructed on any parcel within Phase 2 as established during the site development
review process.
B3. The overall commercial square footage, number of residential units and proximity of
residential units to the existing Jazz Semiconductor facility, and locations of the substation
and 66 kV overhead electric power transmission line have not changed from what was
previously approved for the project.
Finding:
C. The MSDP amendment application is in compliance with and consistent with the
Phasing Plan of the PCDP.
Facts in Support of Finding:
C1. The PCDP Phasing Plan was developed as a general guide for phasing project
implementation. Therefore, development of Lot 2 in Phase 1 as proposed is consistent
with the PCDP. The amendment application does not propose any additional
development or increase intensity beyond the project approvals.
Finding:
D. The MSDP amendment application is in compliance with and is consistent with the
Design Guidelines of the PCDP.
Facts in Support of Finding:
D1. The amendment application does not propose any additional development beyond the
project approvals, or any revisions to the Design Guidelines of the PCDP.
D2. The applicant submitted conceptual renderings of the commercial component proposed
on Lot 2 that are consistent with the Design Guidelines of the PCDP for the following
reasons:
a) The conceptual renderings are compatible with the approved contemporary
architectural style for Uptown Newport and complimentary to the adjacent Picerne
apartment project.
b) A variety of colors, materials, and architectural character are also shown on the
conceptual renderings. The Jamboree Road frontage contains building height
variations with major and minor massing breaks in accordance with the Design
Guidelines.
01-03-17
Planning Commission Resolution No. 2052
Page 7 of 10
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Master Site
Development Review No. SD2017-001, subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal
Code.
PASSED, APPROVED, AND ADOPTED THIS 23 DAY OF MARCH, 2017.
AYES: Kramer, Koetting, Zak, Weigand
NOES: None
RECUSED: Lawler
ABSENT: Dunlap, Hillgren
BY:
—;t J -
e , Chairm n
BY:
Peter Zak, Se ret ry
01-03-17
Planning Commission Resolution No. 2052
Page 8 of 10
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
PLANNING
1. The expiration date of Master Site Development Review No. SD2017-001 (Amendment to
Master Site Development Review No. SD2013-002) shall be consistent with the term of
Development Agreement No. DA2012-003 (the `Development Agreement').
2. Any substantial modification to the approved Master Site Development Review plans,
as determined by the Community Development Director, shall require an amendment to
this Master Site Development Review application or the processing of a new application.
3. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
4. The construction of commercial buildings on Lot 2 in Phase 1 shall be commenced prior
to the final certificate of occupancy for Picerne's southerly 229-unit apartment building
located on Lot 3 of Tract Map 17763.
5. The Amendment relocates commercial uses from Lot 3 to Lot 2. Approximately 3,500
square feet of commercial area is to be developed on Lot 2 in Phase 1. Additional
commercial development is to be provided on Lot 2 when the substation is removed in
Phase 2, provided that the development complies with the maximum commercial
allowance and development standards. Additional commercial uses can be developed
on other lots within the Uptown Newport Planned Community consistent with the Uptown
Newport Planned Community.
6. In the event that issues cannot be resolved to accommodate the commercial component
around the existing SCE substation on Lot 2 in Phase 1, the commercial component
located on Parcel 2 shall be delayed to Phase 2 when the substation is removed. The
amount of square footage shall be maximized, subject to development standards and
site development review.
7. 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 Uptown Newport Master Site Development Review Amendment including, but
not limited to Master Site Development Review No. SD2017-001.This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
01-03-17
Planning Commission Resolution No. 2052
Page 9 of 10
attorneys'fees, and other expenses incurred in connection with such claim, action, causes
of action, suit or proceeding whether incurred by applicant, City, and/orthe 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
Fire Department Conditions
8. Prior to issuance of building permit, a technical report shall be prepared by a qualified
electrical engineer to address the location of commercial structures adjacent to the SCE
substation and any additional issues as required per the 2016 edition of the California
Electrical Code, Article 450.
9. An approved fire apparatus access road shall be provided within 150 feet of all portions
of the structures measured by an approved route around the exterior of the buildings
per California Fire Code (CFC) Section 503.1.1. Fire Department Guidelines C.01 and
C.02 shall be used to comply with access requirements.
10. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet
and an unobstructed vertical clearance of not less than 13 feet 6 inches, per CFC
Section 503.2.1.
11. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided
with an approved area for turning around fire apparatus, per CFC Section 503.2.5.
12. Fire flow shall be determined by an approved method per CFC Section 507.3 and
submitted for the building plan check review.
13. On-site fire hydrants and mains shall be provided whenever a portion of the structure is
more than 400 feet from a hydrant on a fire apparatus access road, as measured by an
approved route around the exterior of the structure, per CFC Section 507.5.1 .
14. Per CFC Section 304.3.3, dumpsters and containers with an individual capacity of 1.0
cubic yards (200 gallons) or more shall not be stored in buildings or placed within 5 feet
of combustible walls, openings or combustible roof eave lines unless the dumpsters are
constructed of noncombustible materials or of combustible materials with a peak rate of
heat release not exceeding 300 kW/m2 where tested in accordance with ASTM E1354
at an incident heat flux of 50 kW/mz in the horizontal orientation. However, storage in a
structure shall not be prohibited where the structure is of Type I or IIA construction,
located not less than 10 feet from other buildings and used exclusively for dumpster or
container storage.
Building Division Conditions
15. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City-
01-03-17
Planning Commission Resolution No. 2052
Page 10 of 10
adopted version of the California Building Code. The construction plans must comply with
state and federal laws regarding disability access.
16. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan and
Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall
be prepared, submitted to the State Water Quality Control Board for approval and made
part of the construction program. The project applicant will provide the City with a copy
of the NOI and their application check as proof of filing with the State Water Quality
Control Board. This plan will detail measures and practices that will be in effect during
construction to minimize the project's impact on water quality.
17. Prior to issuance of grading permits, the applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project, subject to the approval of
the Building Division and Code and Water Quality Enforcement Division. The WQMP
shall provide appropriate best management practices to ensure that no violations of
water quality standards or waste discharge requirements occur.
Public Works Conditions
18. The parking layout shall comply with City Standards STD-805-L-A and STD-805-L-B.
All dead-end drive aisles shall have a dedicated turn around area and minimum 5-foot
clear hammerhead.
19. The applicant shall obtain approval from Southern California Edison for improvements
in and around the substation and easement(s).
20. No encroachments within the Phase 1 one-acre neighborhood park area shall be
permitted as part of the commercial use.
01-03-17