Loading...
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 9 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 3 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 a 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. 5 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 ftl�l�iz.i • 1?� 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. 3 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. q JZ 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 13 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 V it 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 Arm -, • 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: 20 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.