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HomeMy WebLinkAbout2006-91 - Koll Center - PA 2006-095RESOLUTION NO. 2006 -91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE DECLARATION (SCH NO. 2006 - 081039) AND APPROVING GENERAL PLAN AMENDMENT NO. 2006 -003 TO INCREASE THE DEVELOPMENT ALLOCATION OF KOLL CENTER NEWPORT OFFICE SITE A OF AIRPORT AREA (STATISTICAL AREA L4) BY 24,016 GROSS SQUARE FEET (PA 2006 -095) WHEREAS, an application was filed by The Koll Company with respect to Office Sites A and B of the Koll Center Newport Planned Community generally bounded by MacArthur Boulevard to the west, Birch Street to the north and northeast and Jamboree Road to the southeast, requesting a General Plan Amendmend to increase the maximum gross floor area permitted in Sub -Area 1 -1 (Office Site A) of the Airport Area (Statistical Area L4) by 24,016 square feet and an amendment to the Koll Center Newport Planned Community (PC -15) to allow the transfer of 24,016 gross square feet of unused retail, restaurant and office square footage from Office Site B to Office Site A. The aplications are requested to facilitate the construction of a 21,311 square foot, two -story office building over a subterranean parking garage on a 1.49 -acre site at 4450 MacArthur Boulevard; and WHEREAS, on September 7, 2006, 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. After receiving public comments, the Planning Commission closed the public hearing and continued the project to the September 21, 2006 meeting; WHEREAS, at the September 21, 2006 meeting, the Planning Commission, with a vote of 4 ayes (2 absents and one abstain), recommended adoption of the Mitigated Negative Declaration including the Mitigation Monitoring and Report Program, and approval of General Plan Amendmend No. 2006 -003; and WHEREAS, a public hearing was held by the Newport Beach City Council on October 10, 2006 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 City Council at this meeting; and WHEREAS, the project site is designated Administrative, Professional, & Financial Commercial by the General Plan Land Use Element. The City has adopted Planned Community District Regulations (PC -15 Koll Center) that establish development standards and use regulations to implement the General Plan. The property is presently improved with a paved common parking area for Office Site A; and, WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared which, sets forth objectives, supporting policies and limitations for development in the City of Newport Beach and designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including commercial floor area limitations; and WHEREAS, the Land Use Element presently allocates a maximum of 436,079 gross square feet for non hotel uses for Koll Center Newport Office Site A (Sub -Area 1 -1). This floor area limit includes the projected growth of 1,740 square feet for Steadfast Investment Properties permitted by General Plan Amendment No. 2005 -007 and 1,222 square feet for the Pacific Club remaining after the implementation of their current expansion authorized by GPA 97 -3(E). No additional growth within this block is anticipated as noted in the estimated growth table within the Land Use Element; and, WHEREAS, the Land Use Element presently allocates a maximum of 1,062,648 gross square feet to Koll Center Newport Office Site B (Sub -Area 1 -2). This total includes a projected growth of 1,750 gross square feet for Master Development Corporation authorized by General Plan Amendment No. 2004 -006. No additional growth within this block is anticipated as noted in the estimated growth table within the Land Use Element; and, WHEREAS, a recent review of all existing building permits within Koll Center Newport Office Site B, revealed that the overall building gross floor area of this area is approximately 1,060,146 square feet, which is 2,502 square feet less than the current maximum contained within the Land Use Element (1062,648 current maximum — 1,060,146 existing = 2,502). The total existing floor area of Office Area B was derived from a combination of building plans and permits and it is believed to be more accurate than the estimate included within the 1988 Land Use Element; and, WHEREAS, the Koll Center Newport Planned Community presently authorizes 24,016 square feet of additional retail, office and restaurant floor area beyond that anticipated for Steadfast Investment Properties, Master Development Corporation and the Pacific Club. This un -built floor area was authorized prior to the original adoption of the 1988 Land Use Element. The 1988 Land Use Element established gross floor area limits at existing levels without accounting for the un -built floor area; and, WHEREAS, to eliminate the discrepancy between the Land Use Element and the Koll Center Newport Planned Community, the Koll Company requests an increase in gross floor area authorized by the General Plan to accommodate the additional development contemplated by the Koll Center Planned Community; and, WHEREAS, the General Plan provides for a sufficient diversity of land uses so that schools, employment, recreation areas, public facilities, churches and neighborhood shopping centers are in close proximity to each resident of the community. The proposed project would increase the development allocation in Office Area A by 24,016 square feet; however, only a total of 21,311 square feet would be used for the construction of the new office building to be occupied by the Koll Company. The remaining un -built square footage of 2,705 would be reserved for future office development within Office Area A. Although the proposed amendment to the Koll Center Newport Planned Community eliminates a potential small retail site (10,000 square feet) and two potential restaurant sites (totaling 14,000 square feet), the Planned Community allows unused floor area allocated for these uses to be converted to professional and business office use (Section Group V - Restaurants). The project is consistent with this policy as the change of uses does not significantly alter the character of the area and the resulting office development is consistent with the surrounding uses and with the Land Use Designation of the Land Use Element; and, WHEREAS, the Land Use Element of the General Plan allows for the redevelopment of older or underutilized properties to preserve the value of property by allowing for some modest growth, while maintaining acceptable levels of traffic service. The project consists of an increase of 24,016 square feet for office development. The proposed development is anticipated to generate less than 300 daily trips and therefore, does not require the preparation of a traffic analysis pursuant to the City's Traffic Phasing Ordinance; and, therefore is consistent with Policy B; and, WHEREAS, the City's General Plan indicates that the City shall maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and undergrounding of utilities to ensure that the quality character of residential neighborhoods are maintained and that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses. The City implements this policy through the Koll Center Planned Community Text. The project is designed to meet all applicable development standards contained within. The proposed building height, size, and, architectural design of the project will be physically compatible with the existing and surrounding professional office and commercial developments; and, WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. This project has been reviewed in accordance with Council Policy A -18 and a voter approval is not required as the project represent an increase of 42.7 — A.M. and 41.3 P.M. peak hour trips, 24,016 gross square feet of non - residential floor area and zero residential units. These increases, when added with 80% of the increases attributable to four previously approved amendments (GP2001 -004, GP2004 -004, GP2004 -006 and GP2005 -007), result in a total of 66.1 — A.M. peak hour trips and 72.5 — P.M. peak hour trips and a total increase in 28,080 square feet do not cumulatively exceed Charter Section 423 thresholds for a vote; and, WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines; and, City Council Policy K -3. The Draft MND was circulated for public comment between August 4 and September 5, 2005. Comments were received from Orange County Airport Land Use Commission, City of Irvine, and California Cultural Resource Preservation Alliance, Inc. The contents of the environmental document, including comments on the document, have been considered in the various decisions on this project; and, WHEREAS, on the basis of the entire environmental review record, the proposed project 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 reduce potential environmental impacts to a less than significant level. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach does hereby adopt Mitigated Negative Declaration (SCH NO. 2006 - 081039) including the Mitigation Monitoring and Report Program; and approve General Plan Amendment No. 2006- 003 by amending the Land Use Element, Statistical Area L4, KCN -Office Site A, and the Estimated Growth for Statistical Area L4 Table of the General Plan as depicted in Exhibit "A" and subject to the standard code requirements listed in Exhibit "B ". This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the October 10, 2006 by the following vote to wit: .Curry, Selich, Rosansky, AYES, COUNCIL MEMBERS Ridgeway, Daigle, Nichols, Mayor Webb NOES, COUNCIL MEMBERS None ABSENT, COUNCIL MEMBERS None ( p wsl� ATTEST: MAYOR /" �/� Exhibit "A" The following changes should be made to the Land Use Element and all other provisions of the Land Use Element shall remain unchanged: Airport Area (Statistical Area L4) 1 -1. KCN Office Site A. This site is designated for Administrative, Professional and Financial Commercial land use and is allowed 436,079 460,095 sq. ft. plus 471 hotel rooms. [GPA97- 3(E)][GP 2006 -0031. 1 -2 KCN Office Site B. This site is designated for Administrative, Professional and Financial Commercial land use and is allowed 1,060,998 1,060,146 square feet)[GP 2006 -003]. Support retail commercial uses are allowed within this allocation. ESTIMATED GROWTH FOR STATISTICAL AREA L4 Residential (in du's) Commercial (in sq. ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth 1 -1. KCN OS A 0 0 0 * ** 780,223 84,486 834,201 29,962 53,978 1 -2. KCN OS B 0 0 0 4,060,898 * * ** 1,060,146 1,O62,649 1,060,146 4-,7-99 0 1 -3. KCN OS C 0 0 0 734,641 734,641 0 1 -4. KCN OS D 0 0 0 250,176 250,176 0 1 -5. KCN OS E 0 0 0 27,150 32,500 5,350 1 -6. KCN OS F 0 0 0 31,816 34,500 2,684 1 -7. KCN OS G 0 0 0 81,372 81,372 0 1 -8. KCN OS 1 0 0 0 377,520 442,775 65,255 1 -9. KCN RS 1 0 0 0 52,086 120,000 67,914 1- Court 10. House 0 0 0 69,256 90,000 20,744 2 -1. NP BILK A 0 0 0 349,000 380,362 31,362 2 -2. NPBLK B 0 0 0 10,150 11,950 1,800 2 -3. NP BILK C 0 0 0 211,487 457,880 246,393 2 -4. NP BILK D 0 0 0 274,300 288,264 13,964 2 -5. NP BILK E 0 0 0 834,762 860,884 26,122 2 -6. NP BILK F 0 0 0 225,864 228,214 2,350 NP BLK G & 2 -7. H 0 0 0 * 342,641 344,231 1,590 2 -8. NP BILK 1 0 0 0 99,538 378,713 279,175 2 -9. NP BLK J 0 0 0 ** 203,528 228,530 25,002 Campus 3 Drive 0 0 0 885,202 1,261,727 376,525 TOTAL 0 0 0 6- 901,6x0 6,900,858 8,099,552 2 8,121,066 49T�942 1,220,208 Revised Population 0 0 0 09/07/2006 * ** *Existing Existing square footage as of * *Existing as of 05/24/2005 as of * 01/22/2002 ** *Existing as of 06/22/2006 09/07/2006 Exhibit "B" STANDARD CODE REQUIREMENTS 1. The project is subject to all applicable City ordinances, policies; and, standards, unless specifically waived or modified by the conditions of approval. 2. The development shall be in substantial conformance with the approved site plan and floor plans dated July 27, 2006 (except as modified by applicable conditions of approval). 3. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 4. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 5. The parking level shall have 8 feet 2 inches clear ceiling height. 6. The elevator shall not open to the stair enclosure. 7. The stairs shall have one -hour enclosure. 8. A preliminary code review is recommended. 9. The parking lot layout and the subterranean parking area shall comply with the City Standard Plans STD - 805 -L -A and STD - 805 -L -B; and, shall be reviewed and approved by the City Traffic Engineer. 10. The ramp slope to the subterranean parking shall comply with City Standard Plan STD - 160-L-C. 11. Drive aisle leading into the subterranean parking area shall be a minimum of 26 feet wide. 12. The final on -site parking, vehicular and pedestrian circulation systems shall be reviewed and approved by the City Traffic Engineer. 13. The mechanical equipment shall not impact the required parking stalls or drive aisle dimensions. 14. No above ground permanent improvements shall be built within the limits of the existing utilities and pedestrian easements adjacent to the property frontage, along the MacArthur Boulevard. 15. The applicant shall submit a detail drainage plan to show how the storm runoff that travels down the driveway ramp will be discharged in a timely manner so as to prevent the underground garage from being flooded from raining. 16. All improvements shall be constructed per the Public Works Department standards. Additional public works improvements may be required at the discretion of the Public Works Department. 17. An ADA compliant curb access ramp shall be constructed at each of the MacArthur Boulevard curb returns, at the entrance to the shared service driveway. 18. All above ground utilities shall be located outside the sight distance planes per City Standard Plan STD - 110 -L. 19. A construction traffic control plan shall be approved by the City prior to the issuance of the encroachment permit. Said plan shall be wet sealed, signed and dated by a California Registered Traffic Engineer. 20. Elevator shall be gurney accommodating in accordance with Chapter 30 of the California Building Code, 2001 Edition. Interior cab dimensions shall be a minimum of 54 inch by 80 inch. 21. The building shall be provided with an automatic fire sprinkler system. 22. The sprinkler system shall be monitored. 23. Approved numbers or addresses shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting the property. Said numbers shall be of non - combustible materials and contrast with their background and shall be either internally or externally illuminated by a photo cell to visible at night. The numbers shall be no less than six inches in height with a one -inch stroke. 24. The parking garage gate shall be strobe and knox key switch. 25. The building shall be provided with a knox box. 26. A Fire Department connection shall be located within 150 feet if a fire hydrant. 27. The building plans shall specify the occupancy classification. 28. Prior to issuance of building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site and any adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices. The landscape plans shall be approved by the Planning Director prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 29. All landscape materials and landscaped areas shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs; and, cleaning as part of regular maintenance. 30. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets; and, shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 31. Prior to the issuance of a building Permit or within 30 days of receiving a final notification of costs, the applicant shall be responsible for the payment of all administrative costs identified by the Planning Department. 32. The construction and equipment staging area shall be located in the least visually prominent area on the site and shall be properly maintained and /or screened to minimize potential unsightly conditions. 33. A six -foot high screen and security fence shall be placed around the construction site during construction. 34. Construction equipment and materials shall be properly stored on the site when not in use. 3 STATE OF CALIFORNIA COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } E I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do E hereby certify that the whole number of members of the City Council is seven; that the foregoing E resolution, being Resolution No. 2006 -91 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 10th day of October 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of October 2006. (Seal) City Clerk Newport Beach, California I