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HomeMy WebLinkAbout19 - Marinapark Resort and Community Plan• CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 19 February 10, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Sharon Wood, Assistant City Manager 644 -3222, swood(a city.newport- beach.ca.us Robert Burnham, City Attorney 644 -3131, rburn ham (a)citv.newport- beach. ca. us SUBJECT: Marinapark Resort and Community Plan APPLICANT NAME: Marinapark LLC (Formerly Sutherland Talla Hospitality) ISSUE: Provide information on the Marinapark Resort and Community Plan (Project).. RECOMMENDATION: Receive and file. DISCUSSION: Council Member Heffernan has asked for a "schedule of reports and public input opportunities for the Marinapark Hotel' and what "the vote in November 2004 will mean." Since the redevelopment of Marinapark has been discussed many times in the last seven years, staff has prepared a chronology that may help put this Project in perspective and help the public better understand the issues. Staff has also listed the Marinapark reports that will be available to the public, the opportunities for input and the significance of the measure that will be on the November 2004 ballot. Chronolo-gy • 1997 - The State Lands Commission staff advised the City that Marinapark is primarily tidelands and that permanent residential use of the parcel is inconsistent with tideland trust restrictions. The City Council also received a Keyser Marston revenue study that concluded a hotel use on the bayfront and residential uses on Balboa Blvd. would provide the highest economic return to City. The City Council directed staff to discuss the tidelands issue with State Lands Commission staff, to begin negotiations with American Legion on a new lease for that parcel and to prepare an RFP for the remainder of Marinapark. The Finance Committee considered the determine developer interest in a redevelopment project, and approve( process - Request for Qualifications (RFQ) followed by more detailel Proposals (RFP) issued to qualified parties. The City Council deferred process pending further discussion with State Lands Commission staff tidelands boundary. best way to a two -phase Request for the RFQ /RFP regarding the Marinapark Resort and Community Plan February 10, 2004 Page 2 • 1999 - The Economic Development Committee and City Council received a presentation on hotel redevelopment by Sutherland Talla Hospitality. The City Council directed staff to request proposals from all potential re- developers and to continue tidelands boundary discussions with the State Lands Commission staff. The City Council approved the form and content of the RFP and staff issued the RFP. 2000 - The City received 8 responses to the RFP including proposals from STH, the American Legion and the PB &R Commission. The City Council, at noticed meetings, received representations from some of those who had submitted proposals and public input. The City Council directed staff to prepare an economic analysis of the proposals and prepare a relocation impact report for the mobilehome park. After review and consideration of the proposals and the economic analysis, the City Council requested more information from Terra Vista, American Legion, Ayres Group and STH. After extensive discussion and public input, City Council approved an agreement designating STH as the sole entity with which the City will participate regarding any redevelopment of Marinapark. 2001 - STH submitted a Draft Project Description (DPD) required by the Agreement and the City conducted a community forum on the DPD to obtain public input. STH engaged in public outreach and worked with the American Legion and the . Girl Scouts. 2002 - STH submitted a Modified DPD, which excluded the American Legion site from the Project. The City Council initiated the General Plan and Zoning amendments that would, if approved, change the designation from "recreational and environmental open space' to 'recreation and marine commercial." The City Council also approved minor amendments to the Agreement that conformed the date for initiation of the environmental review process with the date that "Planning Documents' are submitted. The City Manager approved agreements with Hogle Ireland, Inc. to provide contract planning and project management services and with Michael Brandman Associates (MBA) for preparation of an Initial Study, with all costs paid by STH. 2003 - STH submitted Planning Documents and, in response to public input, revised the site plan /floor plans for a 110 -room resort with related public and community improvements. The City Council appointed an ad hoc committee to review modifications to the Project description and the Agreement. The Council then accepted the ad hoc committee recommendations to amend the Agreement, to approve the Project description solely for purposes of CERA compliance, and to submit the Project to the voters in November 2004. The City Council appointed a committee to discuss possible terms of a lease, if the Project receives all permits, so the public will know what to expect in terms of revenue. The City Council also approved an agreement with MBA for preparation of an EIR. 0 Marinapark Resort and Community Plan February 10, 2004 Page 3 The Recent Past and the Future The following describes the studies and reports being prepared and the numerous opportunities for public input that have occurred or will occur in the near future. • A Notice of Preparation (NOP) of the EIR was prepared and available for public review from October 14 to November 13, 2003. • A scoping session was held on October 29, 2003 and the Environmental Quality Affairs Committee (EQAC) reviewed the NOP on November 17, 2003. • Notice of Completion and Draft EIR will be released in April 2004 and public comments will be accepted during the 45-day "public review" period. • EQAC will review the Draft EIR at a noticed public meeting during the 45- day public review period. • The Planning Commission will begin its review of the Project at regularly noticed meetings beginning in April or May. • The City Council will discuss, at a regularly noticed meeting, committee recommendations regarding lease terms and conditions. • The City Council will discuss, at a regularly noticed meeting in May or • June, the fiscal impact analysis of the Project; • The Planning Commission will conduct hearings on the Project during regularly noticed meetings in June and /or July • The City Council will conduct hearings on the Project during regularly noticed meetings in June and /or July. • Assuming EIR certification, the City Council will consider, at a regularly noticed meeting in July, a resolution submitting the Project to the voters at the November 2004 election. The Election The City Council, almost a year ago, decided to submit the Project to the voters in November 2004 (with high turnout expected) because: "(a) the property is owned by, or has been granted to, the City; (b) a portion of the site is tidelands; (c) the most appropriate use of the site has been debated for more than 30 years; (d) the property, while developed as a mobile home park for many years, is designated as recreational and environmental open space; and (e) even with a floor area ratio less than .3, the Section 423 (Measure S) floor area threshold (40,000 square feet) is exceeded." In November, the voters will decide whether the Land Use Element of the General Plan should be amended to change the designation of a portion of the Marinapark site from Marinapark Resort and Community Plan February 10, 2004 Page 4 "recreational and environmental open space" to "recreation and marine commercial." A vote in favor of the amendment would mean the Project is a permitted use but actual construction could not occur until the City Council approves an amendment to the Local Coastal Program Land Use Plan and adopts the Planned Community text, the Planning Commission approves a use permit and site plan, the Coastal Commission issues a permit, and the City Council takes action to close the mobilehome park. In the event the voters do not approve the amendment, staff assumes the City Council will reconsider the most appropriate use of the Marinapark site. Conclusion In summary, the redevelopment of Marinapark and /or the Project has been discussed at public meetings on numerous occasions during the past 6 years and the Project, as well as the EIR and the fiscal impact analysis, will be on various agendas for public discussion during the months ahead. The City will be preparing the documents normally associated with a General Plan and Zoning Amendment and documents unique to this Project such as a fiscal impact study and a report on possible lease terms if and when Marinapark LLC receives all necessary permits and approvals. This means the voters will have — well before the November 2004 election - all of the information they need to fully understand what is being proposed, the alternatives and the fiscal impacts in terms of revenue and costs. Submitted by: Sharon Wood Robert Burnham Assistant City Manager City Attorney LJ 0 0 P Municipal Code Amendment February 10, 2004 Page 3 Public Notice: Notice of the proposed ordinance change was submitted to the National Association of Demolition Contractors, Southern California Chapter and all currently franchised haulers. The routine public notice of the ordinance amendments will be published after Council approval of first reading. Prepared by: Jer ammond, Management Assistant Submitted by: David E. Niederhaus, Director Attachments: (1) An Ordinance of the City Council of the City of Newport Beach amending Section 15.02.035 of Title 15 of the Newport Beach Municipal Code pertaining to Uniform Administrative Code (2) Demolition Contractor Certification and Deposit Form ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 15.02.035 OF TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE UNIFORM ADMINISTRATIVE CODE WHEREAS, State AB 939, the California Integrated Waste Management Act of 1989, requires local governments to recycle a minimum of 50% of all solid waste generated. WHEREAS, Chapter 12.63 of the Newport Beach Municipal Code provides that only a franchised commercial solid waste enterprise can provide solid waste handling services within the City of Newport Beach. Chapter 12.63 defines "solid waste" to include demolition and construction wastes. Failure to use a franchised commercial solid waste enterprise for demolition and construction wastes adversely impacts the City's ability to report disposal of solid wastes and meet its recycling requirements. WHEREAS, the Building Department issues demolition permits pursuant to Chapter 3 of the Uniform Administrative Code adopted in Chapter 15.02 of the Newport Beach Municipal Code. Permits must comply with both the technical codes and ordinances of the City of Newport Beach. WHEREAS, the General Services Department administers the Solid Waste Hauler franchise program and is in charge of verifying compliance with the program. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Section 15.02.035 of Chapter 15.02 of the Newport Beach Municipal Code is amended to read as follows: 15.02.035 Amendment to Section 303.1 of the Uniform Administrative Code. Section 303.1 of the Uniform Administrative Code is amended to read as follows: • 1 The application, plans specifications, computations and other data filed by an applicant for permit shall be reviewed by the building official. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. Prior to issuance of a demolition permit for complete demolition of a structure, the permittee shall certify that a City franchised solid waste enterprise shall be used for the handling, removal and disposal of all construction and demolition waste. A demolition permit deposit, set by Resolution of the City Council, shall be paid at the time of submitting the demolition permit application and the Demolition Contractor Certification and Deposit Form. Said deposit shall be returned to the permittee, minus administrative fees set by Resolution of the City Council, at the conclusion of the demolition protect, upon the submittal of documentation that a franchised solid waste enterprise was used to handle, remove and dispose of all demolition wastes. The demolition permit deposit shall be forfeited in its entirety if a franchised solid waste enterprise is not used to handle, remove and dispose of all demolition wastes. If the building official finds that the work described in an application for a demolition permit and the plans, specifications and other data filed therewith conform to the requirements of this code and the technical codes and other pertinent laws and ordinances, and that the fees specified in Section 304 have been paid and that a franchised solid waste enterprise is being used, the building official shall issue a permit therefor to the applicant. Prior to any demolition activities authorized by the permit, the permittee shall notify the General Services Department no less than twenty-four hours or more than seventy -two hours in advance of its intent to commence demolition and provide the name of the franchised solid waste enterprise that will conduct the demolition activities. Any hauling or disposal of demolition and construction wastes by other than the identified franchised solid waste enterprise shall sublect the project to suspension of work as authorized in this code. When a permit is issued and plans are required, the building official shall endorse in writing or stamp the plans and specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorizations from the building official, and all work regulated by this code shall be done in accordance with the approved plans. The building official may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent K requirements of the technical codes. The holder of a partial permit shall proceed without assurance that the permit for the entire building, structure or building service will be granted. 0 SECTION 2. That 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3. This Ordinance shall be published once in the official newspaper of the City, and the same shall be 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 the _ day of , 2004, and was adopted on the _ day of , 2004, by the following vote to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS 3 MAYOR 9 ►�J CITY OF NEWPORT BEACH BUILDING DEPARTMENT 3300 NEWPORT BLVD. P.O. Box 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3275 Demolition Contractor Certification and Deposit Form Owner Name: Property Permittee Permit Number: Permit Number: Franchised Permittee ❑ I hereby certify that I have contracted with the above - mentioned City Franchised Solid mus[mrtial Waste or Demolition Contractor. I also certify that I understand I must contact Jeremy Hammond (949) 644 -3064 with the General Services Department no less than 24 hours or more than 72 hours prior to my intent to commence demolition activities City of Newport Beach Municipal Code section 15.02.035: "A demolition permit deposit fee, as • determined by the General Services Director, shall be paid at the time of submitting the demolition permit. Said deposit shall be returned to the permittee, minus applicable fees, at the conclusion of the demolition project assuming permittee follows applicable laws." Permittee must sign and date i Demolition Permit Deposit Fee: Franchise fee paid to City of Newport Beach $1.600.00 (16% per NBMC 12.63.070) Staff time $150.00 (1 hour Building Dept., 2 hours General Services Dept. @ $50/hr) Total Demolition Permit Deposit $1.750.00 1. (Permittee) hereby certify that 1 understand that a City Franchise Hauler must be used to transport all For Admin Svcs. Use Only construction and demolition debris generated as a result of the demolition referenced above. 1 agree that the Staff time portion of this deposit ($150.00) is non- refundable. 1 further agree that the remainder of the deposi will be forfeited if 1) a City franchised hauler is not used to haul construction and demolition debris from this project and 2) 1 fail to notify the General Services Department (949) 644 -3064 no less than twenty-four hours or more than seventy-two hours in advance of my intent to commence demolition activities. X Date: Approved By: Date: Receipt No. Notification Date: Demo Date Hauler: Fee Refund: