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HomeMy WebLinkAbout2001-12 - Approving a Zoning Amendment Increasing the Maximum Allowable Building Square Footage in Office Site B of the Koll Center Newport Planned Community [Zoning Amendment No. 905].ORDINANCE NO. 2001 -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A ZONING AMENDMENT INCREASING THE MAXIMUM ALLOWABLE BUILDING SQUARE FOOTAGE IN OFFICE SITE B OF THE KOLL CENTER NEWPORT PLANNED COMMUNITY [ZONING AMENDMENT 9051 WHEREAS, Koll Center Newport Number A ( "Developer'), 1900 Main Street, Suite 350, Irvine, California, has applied to the City of Newport Beach ( "City") for a General Plan Amendment (GPA 97 -3(B)) and a Zoning Amendment for "Office Site B" of the Koll Center Newport (KCN) Planned Community in order to allow future additional development on Parcel 1 of PMB 114/22 -24 and Parcels 1, 2, and 7 of PMB 181/13 -19; and WHEREAS, the proposed Amendment to the Koll Center Newport Planned Community text would increase the maximum allowable building floor area in KCN Office Site B to a total of 1,201,349 net square feet while eliminating restaurant and retail - service uses; and WHEREAS, on August 3 and September 7, 2000 and June 7, 2001, the Planning Commission held duly- noticed public hearings, and, at the conclusion of the hearing and after considering the evidence and arguments submitted by the City staff, Developer, and all interested parties, adopted a resolution recommending that the City Council approve the Zoning Amendment; and WHEREAS, on June 26, 2001, the City Council held a public hearing and considered the Zoning Amendment, the recommendation of the Planning Commission, and the evidence and arguments submitted by the City staff, Developer, and all interested parties a notice of time, place and purpose of the public hearing was duly given and testimony was presented to and considered by the City Council at the public hearing. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: ENVIRONMENTAL REVIEW. Pursuant to CEQA and the CEQA Guidelines, an Environmental Impact Report (EIR) has been prepared for this project. After reviewing the EIR, all comments received during the public review process, and all responses to those comments, the City Council has certified the EIR as complete, reflecting the independent judgment of the City of Newport Beach. All records pertaining to preparation, review, and comment on the EIR are retained in the Planning Department of the City of Newport Beach. SECTION 2: FINDINGS. The City Council finds as follows with regard to Zoning Amendment 905: 1. The amendment is consistent with the General Plan assuming that GPA 97 -3(B) is approved by the electorate pursuant Section 423 of the City Charter in that it provides for an increase in square footage commensurate with that allowed by GPA 97 -3(B). 2. The internal consistency of the Planned Community text will be retained in that all development square footages and open space acreages have been adjusted to retain appropriate development and open space percentages. SECTION 3: ZONING AMENDMENT. 1. The City Council hereby adopts, by reference, the CEQA- required "Statement of Findings ", attached as Exhibit "EIR -1" to the resolution certifying the project Environmental Impact Report (EIR). The Statement of Findings constitutes a set of binding obligations effective upon this project approval. Pursuant to Section 15091 of the State CEQA Guidelines, the Statement of Findings summarizes the impacts of the project, the mitigation measures required to avoid or substantially lessen each of those impacts, and the "substantial evidence in the record" supporting the finding of each such impact which will be avoided or substantially lessened. 2. The City Council hereby adopts, by reference, the "Statement of Overriding Considerations ", attached as Exhibit "EIR -2" to the resolution certifying the project Environmental Impact Report. The EIR identifies certain environmental impacts of the project which cannot be avoided or substantially lessened. The City Council has balanced these significant adverse environmental impacts against environmental benefits and other benefits resulting from approval of the proposed Project, which are identified in the Statement of Overriding Considerations, and hereby finds that the benefits override the identified adverse environmental impacts. 3. The City Council hereby adopts, by reference, the "Mitigation Monitoring and Reporting Program" (MMRP), attached as Exhibit "EIR -3" to the resolution certifying the project Environmental Impact Report, and directs that mitigation measures be implemented in accordance with the MMRP. 4. In light of the preceding findings and actions, the City Council hereby approves Zoning Amendment 905, consisting of the amendments to the Koll Center Newport Planned Community Development Standards specified in Exhibit "ZA -1 ", attached hereto, subject to the mitigation measures identified in the Environmental Impact Report and listed in Exhibit "EIR -5" as conditions of approval of the Zoning Amendment, as stipulated in Exhibit "ZA -1 ". SECTION 4: 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 Ordinance shall become effective upon certification by the City Clerk to the 2 City Council that GPA 97 -3(B) has been approved by the electorate pursuant to Section 423 of the City Charter. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on July 10, 2001 and adopted on July 24, 2001 by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS O'Neil, Ridgeway, Glover, Mayor Adams NOES, COUNCIL MEMBERS Heffernan, Bromberg, Proctor ABSENT COUNCIL MEMBERS None MAYOR �wroll -S 3 EXHIBIT ZA -1: KOLL CENTER NEWPORT PLANNED COMMUNITY TEXT AMENDMENT (AMENDMENT NO. 905) The Planned Community Development Standards for Koll Center Newport is amended as follows: Page 1: DEVELOPMENT CONSIDERATIONS First Two Paragraphs: [No changes] Insert New Third Paragraph: "All development and land use within the Koll Center Newport Planned Community shall be subject to implementation of the mitigation measures specified in the applicable Environmental Impact Report Mitigation Monitoring and Reporting Program (MMRP) for that project and /or land use (including, but not limited to, the MMRP related to EIR No. 158 for the Koll Office Site B expansion project)." (TBD) Remainder of Section on [No changes] "DEVELOPMENT CONSIDERATIONS" Pages 1416: PART II. COMMERCIAL Section I. Site Area and Building Area Interior noise shall be mitigated to the levels prescribed in the Airport Environs Land Use Plan and the City of Newport Beach General Plan Noise Element. Also, rooftop obstruction lighting shall be provided for buildings ten stories or higher in accordance with Federal Aviation Administration standards. Group I. PROFESSIONAL & BUSINESS OFFICES Acreages shown are net buildable land area, including landscape setbacks with property lines. (4) A. Building Sites [No changes] B. Allowable Building Area Note: Building areas shown in this Part II are net floor areas, excluding non - habitable space such as equipment rooms, elevator shafts, stairwells, etc. (Net floor areas shall generally be taken as 95 percent of gross floor area.) 0 Site A: 340,002 square feet (16) Site B: 1,201,349 square feet (13)(16) (TBD) Site C: 674,800 square feet (10)(15) Site D: 240,149 square feet (8)(13) Site E: 32,500 square feet (4) Site F: 24,300 square feet (4) Site G: 45,000 square feet (8) 2,558,100 square feet (15) (TBD) C. 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. [No changes] b. For Sites A, B and C, the Parking Pool Exception of Part III, Section I -B shall apply: (11) (TBD) • For the first 125,000 square feet, parking shall be provided at one space per 250 square feet of net floor area. • For the next 300,000 square feet, parking shall be provided at one space per 300 square feet of net floor area. • For any additional floor area, parking shall be provided at one space per 350 square feet of net floor area. C. Parking structures within commercial and office sites shall incorporate the following design features in order to soften their visual impacts: • The sides of parking structures open to public view shall be textured and colored or faced with brick or other material consistent with the structure's associated buildings. Exposed, uncolored concrete sides shall be avoided. • Linear planters and/or trellises with shrubs and cascading vines shall be provided along the outside of parking levels visible from public roadways. • For the two-level parking structure in Office Site B nearest the intersection of MacArthur boulevard and 5 2. Jamboree Road, trees within planters and /or trellis structures with trailing vines shall be provided within the interior of the top parking level. Also, the finish grade of the top level of this parking structure shall substantially match and follow the pre- existing surface grade and shall not extend more than two feet above the pre-existing surface grade at any point. In Office Site B, in order to ensure implementation of the preceding design features, site, grading, landscape, and architectural plans for both parking structures in that Site shall be submitted by the developer to the Planning Commission for review and approval prior to the issuance of any building permits. These plans shall conform to the preceding design requirements and the applicable development agreement. Site A [No changes] Site B Allowable Building Area: 1,201,349 net square feet (13)(16) (TBD) Site Area: 43.703 acres (4)(11) a. Building Height Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development b. Parking 3,719 cars c. Landscaped Open Space Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development 0 Land Coverage (16) (TBD) 13.93 acres 9.29 acres 6.97 acres 5.57 acres 4.64 acres 3.98 acres 3.48 acres 3.10 acres 2.79 acres 2.53 acres 2.32 acres Land Coverage (11)(13)(16)(TBD) 19.35 acres (11) Land Coverage (11)(13)(16)(TBD) 10.42 acres 15.06 acres 17.38 acres 18.78 acres 19.71 acres 20.37 acres 20.873 acres 21.25 acres 21.56 acres 21.82 acres Twelve story development 22.03 acres [No changes in remainder of Paragraph C] Pages 21 -24: Group V. RESTAURANTS (1)(4) A. Building Sites B. [a] Maximum acreages for Site 2 shall not exceed 1.25 (18) acres. Maximum acreage for Site 3: 1.765 acres. Maximum acreages for Sites 4 and 5 shall not exceed 3.0 acres. Maximum acreage for Sites 6 and 7 shall not exceed 2.2 acres. (8) (The following acreages are for information only.) Site 1 Deleted (see Group VII) (18) Site 2 transferred to office use (TBD) Site 3 1.765 acres Site 4 1.50 acres Site 5 1.50 acres Site 6 1.50 acres (8) Site 7 0.70 acres (8) 6.965 acres (TBD) Site 1 Deleted see Group VII Private Club (18) Site 3 located within Office Site "F". (4) Sites 4 and 5 located within Office Site "B ". (4) (16) (TBD) Sites 6 and 7 located within Office Site "G ". (8) Any portion or all of the restaurant, bar, theater /nightclub acreage for Sites 4, 5, 6, or 7 not utilized for that purpose shall revert to professional and business office use. Any portion or all of the restaurant acreage for Site 3 not utilized for that purpose shall revert to either professional and business office use or service station use.(4)(8) (18) The following statistics are for information only. Development may include but shall not be limited to the following: Building Area (4) Site 3 10,000 sq. ft. 0.22 acres Site 4 7,000 sq. ft. 0.16 acres Site 5 7,000 sq. ft. 0.16 acres Site 6 (8) 7,000 sq. ft. 0.16 acres Site 7 (8) 3,000 sq. ft. 0.07 acres Total: 34,000 sq. ft. 0.78 acres(8)(18)(TBD) Parking 7 Group VI Criteria: 300 occupants/10,000 sq. ft. 1 space /3 occupants and 120 cars per acre. Site 3 100 cars 0.84 acres Site 4 70 cars 0.58 acres Site 5 70 cars 0.58 acres Site 6 (8) 70 cars 0.58 acres Site 7 (8) 30 cars 0.25 acres Total: 340 cars 2.83 acres(8)(18)(TBD) D. Landscaped Open Space (4) Site 3 0.70 acres Site 4 0.76 acres Site 5 0.76 acres Site 6 (8) 0.76 acres Site 7 (8) 0.38 acres Total: 3.36 acres (8)(18)(TBD) E. Building Height Building height of structures shall be limited to a height of thirty -five (35) feet. RETAIL & SERVICE CENTER A. Building Sites (4) (5) (TBD) Site 1: 5.026 acres 5.026 acres B. Allowable Building Area (5) (TBD) "Retail Site No.1 (sq. ft.) 102,110 sq. ft. (14) [No changes in remainder of Paragraph B.] C. Landscape Area (5) Twenty -five (25) percent of the 5.026 acres constituting retail and service center Site No. 1 shall be developed as landscape area. If twenty -five (25) percent of the 5.026 acres constituting retail and service center Site No. 1 is not developed as landscape area, a speck site plan shall be submitted to the City of Newport Beach Planning Commission for approval prior to the issuing of a building permit. D. Statistical Analysis (5) The following statistics are for information only. Development may include but shall not be limited to the following. E Assumed parking criteria: One (1) space per 200 square feet of net building area at 120 cars per acre. 1. Site 1 [No change] 2. Site 2 (TBD) E. Building Height Building height of structures shall be limited to a height of thirty -five (35) feet above mean existing grade as shown on Exhibit "B ". (5) Page 52: (in PART Vl, Add the following amendment footnote.] (TBD) Planned Community Text revisions (Amendment No.905, adopted Ordinance ) including the following changes: a. Increase the allowable building area in Professional and Business Office Site 'B" by 237,500 net square feet. b. Convert Restaurant Site 2 (5,000 net square feet) to professional and business office use within Office Site "B ". c. Convert Retail and Service Center Site 2 (10,000 net square feet) to professional and business office use within Office Site "B ". F:\ users\cat\shared \da \Ordinance \KollZoningC lean.doc J] STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2001 -12 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of July 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: O'Neil, Ridgeway, Glover, Mayor Adams Noes: Heffernan, Bromberg, Proctor Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of July 2001. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2001 -12 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: July 28, 2001. �j In witness whereof, I have hereunto subscribed my name this �w day of rlu� <� , 2001. 0�( /�� - ,Wa<� City Clerk City of Newport Beach, California