HomeMy WebLinkAbout2024-6 - Approving a General Plan Amendment for a Medical Office Located at 20 Corporate Plaza (PA2022-0158)RESOLUTION NO. 2024-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A
GENERAL PLAN AMENDMENT FOR A MEDICAL
OFFICE LOCATED AT 20 CORPORATE PLAZA
(PA2022-0158)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers and privileges, or procedures granted or prescribed by any law of the
State of California,
WHEREAS, an application was filed by Baldwin & Sons ("Applicant"), with respect
to property located at 20 Corporate Plaza and legally described in Exhibit "A," which is
attached hereto and incorporated herein by reference ("Property");
WHEREAS, the Applicant proposes to convert a portion of a subterranean parking
garage into a 5,081-square-foot medical office and make other improvements including
reconfiguration of the Property to accommodate an office entrance from both ground level
and parking garage level, widening the driveway access ramp, and restriping the parking
garage which would reduce the total onsite parking by 12 spaces ("Project");
WHEREAS, the following approvals are requested or required for the Project:
• General Plan Amendment ("GPA") — To amend Anomaly Number 34 of Table
LU2 in the General Plan Land Use Element to increase the maximum
development limit by 2,711 square feet for a maximum development limit of
471,591 square feet;
• Planned Community Development Plan Amendment ("PC Amendment") — To
amend the Corporate Plaza Planned Community (PC-17) Development Plan
("PC-17 Development Plan") to allow a maximum gross building floor area of
471,591 square feet and to add "medical office" as an allowed use to Building Site
20;
Resolution No. 2024-6
Page 2 of 8
• Conditional Use Permit ("CUP") — To allow an adjustment to the required off-
street parking by waiving the four additional spaces required for the new
medical office; and
• Development Agreement ("DA") — A development agreement providing
development rights in exchange for public benefits in accordance with Chapter
15.45 (Development Agreements) of the Newport Beach Municipal Code
("NBMC")-,
WHEREAS, the Property is categorized as Regional Commercial Office (CO-R)
by the Land Use Element of the General Plan and is located within the Corporate Plaza
Planned Community (PC-17) Zoning District;
WHEREAS, the Property is not located within the coastal zone;
WHEREAS, the Planning Commission held a public hearing on December 21,
2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California, at which time the Planning Commission considered the Project. A notice of
time, place and purpose of the hearing was given in accordance with California
Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapters 15.45
(Development Agreements), 20.56 (Planning Community District Procedures), and 20.62
(Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2023-045 (6 ayes and 1 absent) recommending approval of the Project to the City
Council; and
WHEREAS, the City Council held a public hearing on January 23, 2024, in the
City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with the Ralph
M. Brown Act, and Chapters 15.45 (Development Agreements), 20.56 (Planning
Community District Procedures), and 20.62 (Public Hearings) of the NBMC. Evidence,
both written and oral, was presented to, and considered by, the City Council at this
hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows..
Resolution No. 2024-6
Page 3of8
Section 1: The City Council hereby approves an amendment to Anomaly No.
34 of the 2006 Newport Beach General Plan Land Use Element, which is attached hereto
as Exhibit "B," and incorporated herein by reference.
Section 2: An amendment to the 2006 Newport Beach General Plan Land Use
Element is a legislative act. Neither Title 20 (Planning and Zoning) nor California
Government Code Section 65000 et seq., set forth any required findings for either
approval or denial of such amendments. Nonetheless, the GPA is consistent with the City
of Newport Beach General Plan.
Findings and Facts in Support of Findings of General Plan Consistency:
1. The Project includes a GPA to amend the development limit for Anomaly Number
34. The development limit for the anomaly will be increased by 2,711 square feet to
a maximum of 471,591 square feet. The GPA does not include a change in land
use category and would remain as Regional Commercial Office (CO-R).
2. The Project is in furtherance of the General Plan's Goals and, specifically, the
following Policies:
a. Land Use Element Policy LU1.1 (Unique Environment). Maintain and
enhance the beneficial and unique character of the different neighborhoods,
business districts, and harbor that together identify Newport Beach. Locate and
design development to reflect Newport Beach's topography, architectural
diversity, and view sheds.
b. Land Use Element Policy LU6.14.4 (Development Scale). Reinforce the
original design concept for Newport Center by concentrating the greatest
building mass and height in the northeasterly section along San Joaquin Hills
Road, where the natural topography is highest and progressively scaling down
building mass and height to follow the lower elevations toward the
southwesterly edge along East Coast Highway.
The Project will add a new medical office to an area of the City that is already
developed with professional offices. The additional floor is located entirely
underground resulting in no visible change to the character of the PC-17
Development Plan or to the greater Newport Center area.
Resolution No. 2024-6
Page 4 of 8
c. Land Use Element Policy LU1.4 (Growth Management) Implement a
conservative growth strategy that enhances the quality of life of residents and
balances the needs of all constituencies with the preservation of open space
and natural resources.
d. Land Use Element Policy LU3.3 (Opportunities for Change). Provide
opportunities for improved development and enhanced environments for
residents in the following districts and corridors, as specified in Polices 6.3.1
through 6.22.7: Fashion Island/Newport Center. expanded retail uses and hotel
rooms and development of residential in proximity to jobs and services, while
limiting increases in office development.
e. Land Use Element Policy LU4.1 (Land Use Diagram). Accommodate land
use development consistent with the Land Use Plan.
f. Land Use Element Policy LU6.14.2 (Newport Center). Provide the
opportunity for limited residential, hotel, and office development in accordance
with the limits specified by Tables LU1 and LU2.
While the Project would add 2,711 square feet in intensity, the actual medical
office will be approximately 5,081 square feet. There is currently 2,370 square
feet of unbuilt intensity within Anomaly Number 34. It is unlikely that the unbuilt
intensity would be used to develop new retail or hotels, as suggested in Land
Use Element Policy LU3.3, as Anomaly Number 34 is specific to the PC-17
Development Plan where only office uses are allowed. The increase helps
provide a viable development opportunity to use the unbuilt intensity. The
Applicant has stated that reducing the size of the office would render the Project
infeasible.
g. Land Use Element Policy LU1.5 (Economic Health) Encourage a local
economy that provides adequate commercial, office, industrial, and marine -
oriented opportunities that provide employment and revenue to support high -
quality community services.
h. Land Use Element Policy LU2.2 (Sustainable and Complete Community).
Emphasize the development of uses that enable Newport Beach to continue as
a self-sustaining community and minimize the need for residents to travel
outside of the community for retail, goods and services, and employment.
Resolution No. 2024-6
Page 5of8
i. Land Use Element Policy LU2.4 (Economic Development). Accommodate
uses that maintain or enhance Newport Beach's fiscal health and account for
market demands, while maintaining and improving the quality of life for current
and future residents.
While other types of professional offices have incurred higher vacancy rates in
a post COVID-19 environment, medical offices remain in demand. The Project
diversifies the allowed uses within Building Site 20 which is in line with market
demands. Additionally, the Project provides for an additional service use,
increasing the likelihood residents can remain within the community when
accessing medical procedures.
Tribal Consultation Finding:
Pursuant to California Government Code Section 65352.3 (SB18), a local government is
required to contact the appropriate tribes identified by the Native American Heritage
Commission ("NAHC") each time it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the local government must consult for the purpose of
preserving or mitigating impacts to cultural resources.
Fact in Support of Finding of Tribal Consultation Consistency:
The City received a response from the NAHC indicating that 12 tribal contacts should be
provided notice regarding the proposed amendment. The tribal contacts were provided
notice on February 24, 2023. California Government Code Section 65352.3 requires
notification 90 days prior to Council action to allow tribal contacts to respond to the request
to consult. One tribal contact requested consultation within the 90-day period: the
Gabrieleno Band of Mission Indians — Kizh Nation. Conditions of approval on the Project
have been included to the satisfaction of the tribe to address potential concerns regarding
the protection of Tribal Cultural Resources.
Resolution No. 2024-6
Page 6 of 8
Section 3: Pursuant to City Charter Section 423 and City Council Policy A-18,
proposed General Plan Amendments are reviewed to determine if a vote of the electorate
would be required because a project (separately or cumulatively with other projects in the
same Statistical Area over the prior 10 years) exceeds certain thresholds provided in
Section 423 of the City Charter. The GPA is in Statistical Area L-1 (Newport Center).
Three amendments were approved less than 10 years ago and continue to be
cumulatively tracked consistent with the provisions of Charter Section 423. Those are
General Plan Amendments filed as PA2018-185, PA2020-020, and PA2021-260.
Facts in Support of Finding of Charter Section 423 Consistency:
The following table shows the increases attributable to the Project, prior amendments,
and the resulting totals thereby demonstrating that no vote of the electorate is required if
the City Council approves the GPA.
Charter Section 423, Measure S Analysis for Statistical Area L-1.
Amendments
Increased
Density
Increased
Intensity
Peak Hour Trip Increase
a.m.
p.m.
PA2018-185 (Vivante Senior
Housing)
90
0
26
52
PA2020-020 (Residences at
Newport Center)
28
0
3
2
PA2021-260 (Newport Beach
Tennis and Pickleball Club)
0
14,000
27
52
Total Prior Increases
118
14,000
56
106
80% of Prior Increases
94
11,200
45
85
100% of Proposed
PA2022-0158
0
2,711
8
11
Total
94
13,911
53
96
Threshold
100
40,000
100
100
Remaining
6
26,089
47
4
Vote Required?
No
No
No
No
Resolution No. 2024-6
Page 7 of 8
Section 4: The City Council finds the approval of this GPA is exempt from
environmental review under the California Environmental Quality Act ("CEQA") pursuant
to Section 15303, Class 3 (New Construction or Conversions of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because the Class 3 exemption includes the conversion of existing small structures from
one use to another where only minor modifications are made in the exterior of the
structure. The exemption also includes additions of up to 10,000 square feet to an office
within an urbanized area on sites zoned for such use if not using a significant amount of
hazardous substances, all necessary public services are available, and the surrounding
area is not environmentally sensitive. The Project involves the conversion of subterranean
parking, in an urbanized area, resulting in an addition of 5,081 square feet of office floor
space, which is consistent with the Class 3 exemption.
The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines are not applicable. The Project location does not impact an environmental
resource of hazardous or critical concern, does not result in cumulative impacts, does not
have a significant effect on the environment due to unusual circumstances, does not
damage scenic resources within a state scenic highway, is not a hazardous waste site,
and is not identified as a historical resource.
Section 5: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 6: If any section, subsection, sentence, clause or phrase of this
resolution 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 resolution. The City
Council hereby declares that it would have passed this resolution, 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.
Resolution No. 2024-6
Page 8 of 8
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 23rd day of January, 2024.
� I � - �5, �,;� "Z*�___"�._�_.�,�
Will O'Neill
Mayor
ATTEST:
City Clerk \U
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A ron C. Harp
City Attorney
Attachment(s): Exhibit "A" — Legal Description
Exhibit "B" — General Plan Amendment to Anomaly No. 34 of the
2006 Newport Beach General Plan Land Use Element
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH IN THE
COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A_
PARCEL 3, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP FILED IN BOOK 102, PAGE 2 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
zz
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL
GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM
ANY OTHER MATERIAL RESOURCES, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING,
THAT MAY BE WITHIN OR UNDER THE LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME
FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY
DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND AND TO
BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER
AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP,
MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE
RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500
FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN A DEED RECORDED MARCH 02, 1993 AS
INSTRUMENT NO. 93-143034 OF OFFICIAL RECORDS.
ALSO EXCEPTING ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW
ACQUIRED BY GRANTOR OWNED OR USED BY GRANTOR IN CONNECTION WITH ORN l H RESPECT TO
THE LAND, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL REMOVE AND
STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR
INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER
RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE,
ADJUDICATED, STATUTORY OR CONTRACTUAL, BUT WITHOUT HOWEVER, ANY RIGHT f O ENTER
UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, IN A DEED RECORDED MARCH
02, 1993 AS INSTRUMENT NO.93-01430i34 OF OFFICIAL RECORDS.
PARCEL B_
NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED
"DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS" RECORDED
NOVEMBER 18, 1991 AS INSTRUMENT NO.91-627002 OF OFFICIAL RECORDS OF ORANGE COUNTY.
APN: 442.271-24
EXHIBIT "B"
GENERAL PLAN AMENDMENT TO ANOMALY NO. 34 OF TABLE LU2 OF THE 2006
NEWPORT BEACH GENERAL PLAN LAND USE ELEMENT
Anomaly
Number
Statistical Area
Land Use
Designation
Development
Limit SF
Development
Limit Other
Additional
Information
34
L1
CO-R
471,591
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2024-6 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 23,d day of January, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 24th day of January, 2024.
4&jml-
Leilani I. Brown
City Clerk
Newport Beach, California