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Home My WebLink About2010-12 - Approving Planned Community Amendment No. PD2010-004 (PA2010-062) to the Bayview Planned Community (PC-32)ORDINANCE NO. 2010-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING PLANNED COMMUNITY AMENDMENT NO. PD2010 -004 (PA2010 -062) TO THE BAYVIEW PLANNED COMMUNITY (PC -32) WHEREAS, an application was filed by Rick Wood on behalf of SK Hart Bayview LLC., with respect to property located at 3501 Jamboree Road and 301 Bayview Circle, and legally described as Lot 3, Tract 12528 and Lot 7 Tract 12528 requesting approval of a Planned Community Amendment No. PD2010 -004 and a traffic study pursuant to the City's Traffic Phasing Ordinance; and WHEREAS, The application proposes the following changes to the Bayview Planned Community (PC -32) to add medical office and outpatient surgery as permitted uses and to add a parking requirement ratio of 1/200 square feet for such uses; and WHEREAS, the Planning Commission of the City of Newport Beach, California held duly noticed public hearing on the application on June 3, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California; and WHEREAS, the Planning Commission considered evidence, both written and oral, at these meetings; and WHEREAS, the Planning Commission recommended approval of the proposed amendment to the City Council and WHEREAS, the City Council of the City of Newport Beach, California, hereby finds as follows: 1. Planned Community Amendment No. PD2010 -004 is consistent with the Land Use Element of the General Plan as the proposed text changes are consistent with General Commercial Office (CO -G) land use category designated on the subject properties. 2. Planned Community Amendment PD2010 -004 is consistent with the Coastal Land Use Plan as the proposed text changes are consistent with the General Commercial Office (COG -C) land use category. 3. Planned Community Amendment No. PD2010 -004 is consistent with Section 20.35.050.0 of the Municipal Code, which establishes the requirements of a Planned Community Development Plan. 4. Planned Community Amendment No. PD2010 -004 authorizes the conversion of existing general office space to an outpatient surgical center and supporting medical offices and allows only a negligible expansion of the use. Sufficient parking is provided on site and a traffic study indicates that the project will not create a significant traffic impact. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby ordains as follows: SECTION 1: The Bayview Planned Community (PC -32) text shall be amended as provided in Exhibit A, which is incorporated by reference herein. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Planned Community Text Amendment has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). SECTION 4: The City Council of the City of Newport Beach, California, 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. Therefore, to the fullest extent permitted by law, applicant and property owner shall defend, indemnify, release and hold harmless the 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 the project, the project's approval based on the City's CEQA determination and /or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. 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, or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. SECTION 9: The Mayor shall sign and the City Clerk shall attest to the passage of this `a ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 10: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 22nd day of June 2010, and adopted on the 6th day of July 2010, by the following vote, to wit: AYES, COUNCILMEMBERS Selich. Rosansky, Henn Webb, Gardner, Mayor Curry NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS Daigle ATTEST: C i CITY CLERK APPROVED AS TO FORM: David R. Hunt, City A torney For the City of Newport Beach 3 Exhibit No. A Bayview Planned Community text changes TABLE ii SUMMARY OF RECOMMENDED PARKING RATES FOR BAYVIEW PROJECT LAND USE OFFICE (a) HOTEL - Guest Rooms (300 Rooms) - Restaurants /Lounge/Retail Space - Banquet/Meeting Rooms ATHLETIC CLUB RETAIL RESTAURANT Lounge/Retail MEDICAL OFFICE OUTPATIENT SURGERY PARKING RATE First 125,000 SF — 1 SP /250 SF Next 300,000 SF — 1 SP /300 SF Over 425,000 SF — 1 SP /350 SF 1 space /room First 4,000 SF — 1SP /200 SF Above 4,000 SF — 1SP /160 1 SP /200 SF (b) 1 SP /300 SF (c) 1 SP /400 SF (d) First 4,000 SF —1 SP /100 SF Above 4,000 SF — 1 SP /80 SF 1 SP /200 SF 1 SP /200 SF (a) Based on Net leaseable Area = Gross Leaseable Area less Corridors, elevator shafts, main lobby, restrooms, equipment rooms, etc. (b) Based on an average of 1 space /100 Sq. Ft. with 50% utilization by hotel guests and office development resulting in a rate of 1 space /200 Sq. Ft. (c) Based on County rate of I space /150 Sq. Ft. and 50% utilization by hotel guests and office development. (d) Based on County rate of 1 space /200 Sq. Ft. and 50% utilization by hotel guests and office development. SF = Square Feet SP= Space(s) 0 V AREA 3, PROFESSIONAL AND ADMINISTRATIVE OFFICE Intent The intent is to provide areas for the development of professional and administrative offices and related uses in locations of close proximity to residential areas. These uses can conveniently serve the public and create a suitable environment for professional and administrative office buildings especially designed for this purpose. Uses in the area have been located on sites large enough to provide for landscaped open spaces and offstreet parking facilities. The area is intended to be located on heavily traveled streets or adjacent to commercial or industrial districts. The land may be developed to utilize design features which take advantage of modern site planning techniques. Permitted Uses 1. Professional offices. 2. Administrative offices. 3. Restaurants, bars, theater /nightclubs and delicatessens. 4. Accessory structures and uses necessary and customarily incidental to permitted uses including dry cleaners, barber shops, copy centers, shoe repairs, photo finishing, stationers, convenience markets and onsite liquor sales. 5. Business and real estate signs. 6. Gas stations, auto services, and detailing in parking structures. 7. Health Club. 8. Offstreet parking structures. 9. Landscaped areas, parks, and open space areas when integrated into the development project. 10. Any other uses that in the opinion of the City of Newport Beach Planning Commission are of similar nature. 11. Medical Offices 12. Outpatient surgery facility 12 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2010 -12 was duly and regularly introduced on the 22nd day of June, 2010, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 6th day of July, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Mayor Curry, Webb, Gardner Noes: None Absent: Daigle Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 7th day of July, 2010. (Seal) ri ®tt @ City Clerk City of Newport Beach, California U X � P cgL1 FOR T� CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2010 -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 dates: 2010. Introduced Ordinance: June 26, 2010 Adopted Ordinance: July 10, 2010 In witness whereof, I have hereunto subscribed my name this lug; day ofi ✓^N �I .G.'QVPn� City Clerk City of Newport Beach, California