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HomeMy WebLinkAbout2006-3 - Corporate Plaza West - PA2005-042RESOLUTION NO. 2006- 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE DECLARATION, APPROVING THE TRANSFER OF DEVELOPEMNT ALLOCATION WITHIN NEWPORT CENTER, AND APPROVING TRAFFIC STUDY NO. 2005- 004 FOR PROPERTIES LOCATED AT 1200 -1400 NEWPORT CENTER DRIVE (CORPORATE PLAZA WEST) AND 101 -1199 NEWPORT CENTER ROAD (FASHION ISLAND) (PA2005 -042). WHEREAS, an application was filed by The Irvine Company, with respect to property located at 101 -1199 Newport Center Road (Fashion Island) legally described as Lots 30 - 36 of PM 221, and 1200 -1400 Newport Center Drive (Corporate Plaza West), legally described as Parcels 1, 2, 3 and 4 of Parcel Map No. 94 -102, requesting the transfer of development allocation of 44,688 gross square feet of unused retail commercial floor area from Fashion Island to Corporate Plaza West for general office purposes, and approval of a traffic study pursuant to the Traffic Phasing Ordinance in order to construct a new 42,012 square -foot office building within Corporate Plaza West. WHEREAS, the Planning Commission held a public hearing on November 17, 2005 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. After considering the evidence and testimony, both written and oral, the Planning Commission adopted a resolution recommending that the City Council approve the project. WHEREAS, a public hearing was held on January 10, 2006 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the City Council at this meeting. WHEREAS, the Land Use Element of the General Plan provides within the Newport Center Planned Community (Statistical Area L1) that transfers of development rights are permitted within the Statistical Area, provided that findings are made that the transfer is consistent with the General Plan and will not result in any adverse traffic impacts. WHEREAS, the applicant proposes the construction of a professional office building at the recipient (Corporate Plaza West) and Land Use Element of the General Plan designates the site Administrative, Professional & Financial Commercial. The proposed construction and use resulting from the transfer of development allocation is consistent with this designation. The reduction of retail commercial development allocation at Fashion Island does not impact the ability to develop Fashion Island in accordance with the General Plan. WHEREAS, the proposed transfer is consistent with the general development policies of the General Plan as follows: 1. General Plan Policy B, in that the proposed transfer of development rights will not result in significant changes to long range traffic service levels; 2. General Plan Policy C, in that adequate on -site parking will be provided for Corporate Plaza West for the proposed new office building and other existing uses within the Planned Community; 3. General Plan Policy D, in that the project will not result in restriction to public views and will not result in adverse impacts to sensitive habitat; 4. General Plan Policy F, in that the project is consistent with the Zoning Code land uses and development standards for the district within which the project is proposed; and 5. General Plan Policy L, in that the proposed project will not result in adverse impacts to area -wide and City -wide prosperity, and will provide additional office space in an area designated for such use. WHEREAS, a traffic analysis has been completed by Austin -Foust Associates, dated August, 2005, that demonstrates that the proposed transfer of development rights will not result in adverse impacts, and will improve the overall traffic circulation within the general area of the proposed project. Specifically, the City Council makes the following findings with respect to the traffic analysis: 1. The traffic analysis was prepared in compliance with Chapter 15.40 of the Municipal Code (Traffic Phasing Ordinance). 2. The traffic analysis considered the transfer of development allocation consisting of 45,119 square feet of unused retail space from Fashion Island, and the traffic impacts of the transfer as well as the traffic impacts of the proposed new 42,012 square feet of commercial office space. Further, the actual amount of development allocation being transferred is actually 44,688 square feet and represents less impact than the amount of space evaluated by the traffic study. 3. The traffic analysis indicates that the project, including the transfer of development rights, will result in a net decrease in average daily trips and will not increase traffic at five (5) of the ten (10) primary intersections by one percent (1 %) and therefore no impact is predicted. 4. The Intersection Capacity Utilization Analysis determined that the project will not cause nor make worse an unsatisfactory level of service at any of the five (5) primary intersections where there will be an increase of more than one percent (1 %) in traffic volume and, therefore no mitigation is required. 5. Construction of the project will be completed within sixty (60) months of the approval of the Planned Community Amendment approval by the City Council or the approval of a new traffic study will be required. WHEREAS, the proposed office building is consistent with the development standards of the Zoning regulations of the Municipal Code and the Corporate Plaza West Planned Community, including building setbacks, building height, landscaping and parking. WHEREAS, the proposed office building will be consistent and compatible with the existing land uses in the vicinity and will not be detrimental to the public health, safety, peace, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City in that the proposed use is compatible with surrounding land uses, has no adverse impacts on area traffic, provides sufficient parking, does not block public views or access to the coastline and other significant man -made and natural features, and the project will provide landscaping and screening. WHEREAS, an Initial Study was prepared in accordance with the Guidelines of the California Environmental Quality Act (CEQA). Based on that Initial Study, it was determined that the project would require a Mitigated Negative Declaration (MND), said MND having been prepared, noticed, posted and circulated in accordance with the provisions of CEQA. A thirty day public review period commenced on October 14, 2005 and ended on November 14, 2005, and the Planning Commission conducted a public hearing on November 17, 2005 and considered the MND and Mitigation Measures. And further, a noticed public hearing was conducted on January 10, 2006 where the MND and Mitigation Measures were considered by the City Council and where any interested party had the opportunity to comment on the documents. No comments related to the adequacy of the MND were received. The Mitigation Measures contained within the MND having been incorporated into conditions of approval. NOW, THEREFORE BE IT RESOLVED: The City Council of the City of Newport Beach hereby approves the adoption of the Mitigated Negative Declaration for the Corporate Plaza West Phase 2 project, the transfer of up to 44,688 square feet of floor area allocation from Fashion Island to Corporate Plaza West through an amendment to the Fashion Island and Corporate Plaza West Planned Community Development Plans and Traffic Study No. 2005 -004, subject to the conditions set forth in Exhibit "A ". EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved plans dated November 10, 2005. 2. The applicant shall prepare a parking management plan that identifies the location where all tenants within the Corporate Plaza West Planned Community will be required to park. The location of tenant parking shall be so identified to provide convenient parking and avoid parking conflicts resulting from the distribution and location of parking spaces. The parking management plan shall include the method by which private enforcement of the parking restrictions shall be implemented. The parking management plan shall be subject to the review and approval of the Planning Department and City Traffic Engineer prior to the issuance of occupancy permits and once the plan is approved, the plan shall be implemented indefinitely or until such time that it is deemed unnecessary by the City. 3. Signage for the proposed office building shall be in full compliance with the standards outlined within the Corporate Plaza Planned Community Text; specifically, the proposed wall signs shall not exceed a maximum of two per building elevation, and shall not exceed letter heights of 24 inches for a primary tenant and 16 inches for a secondary tenant. 4. The maximum permitted square footage by this approval is for 42,012 square feet of office building, and that the total square footage for transfer from Fashion Island shall be 45,119 square feet. 5. Pursuant to the Traffic Phasing Ordinance, construction of the proposed office building shall be completed no more than 60 months from the date of final approval by the City Council of the Planned Community Amendment No. 2005 -001 and Traffic Study No. 2005 -04. 6. The project site shall include a landscaping plan consisting of trees and shrubs designed to complement the building architecture, surrounding landscaping, and screen parking areas and above - ground utilities such as electrical meters, stand pipes and utility vaults. 7. All exterior lighting, including both parking lot standards and building- mounted security lighting, shall be equipped with shields designed to restrict light and glare to the project site and to avoid any light spillage to surrounding properties and uses. 8. During grading activities, any exposed soil areas shall be watered twice per day. On windy days or when fugitive dust can be observed leaving the proposed project site, additional applications of water shall be applied to maintain a minimum 12 percent moisture content as defined by SCAQMD Rule 403. Under windy conditions where velocities are forecast to exceed 25 miles per hour, all ground disturbing activities shall be halted until winds that are forecast to abate below this threshold. In addition, the project shall comply with all provisions of SCAQMD Rules 402 and 403. 9. Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily or washed down at the end of the work day or otherwise washed within 30 minutes of any tracking extending for more than fifty feet from the project site access point. Any required watering shall meet the requirements of the Santa Ana Regional Water Quality Control Board (SARWQCB). 10. The construction contractor shall utilize electric or natural gas - powered equipment instead of gasoline or diesel - powered engines where feasible. If LPG /CNG equipment is available at comparable cost, the applicant shall specify the use of such equipment during the construction phase. All diesel - powered vehicles and gasoline - powered equipment shall be turned off when not in use for more than five minutes. 11. The construction contractor shall time the construction activities so as not to interfere with peak hour traffic. To minimize obstruction of through traffic lanes adjacent to the site, a flag person shall be retained to maintain safety adjacent to existing roadways, if deemed necessary by the City. 12. The construction contractor shall encourage ridesharing and transit incentives for the construction workers. 13. To the extent feasible, pre- coated /natural colored building materials shall be used. Water -based or low VOC coatings shall be used that comply with SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, or manual coatings application such as paint brush, hand roller, trowel, etc. shall be used to reduce VOC emissions, where practical. Paint application shall use lower volatility paint not exceeding 100 grams of ROG per liter. 14. Construction activities shall be confined to the hours of 7:00 a.m. and 6:30 p.m. on weekdays and on Saturdays between the hours of 8:00 a.m. and 6:00 p.m. No construction activities shall occur on Sundays or any federal holiday. 15. During grading activities, all vehicles and petroleum- driven equipment shall be equipped with mufflers. 16. Idling of construction vehicles and equipment shall be limited to the extent feasible. Vehicles, shall be properly maintained, and shall be turned off when not in use. 17. The proposed office building shall be constructed using double pained windows and insulation to maintain interior noise levels at 45 dBA or less. Any exterior equipment such as heating and air conditioning shall be furnished with baffles, screens and /or landscaping to ensure that noise levels from that equipment does not exceed 65 dBA as measured at any project property line. 18. Sight distances at the corner of Irvine Terrace and Coast Highway, as well as the main entry driveway off of Irvine Terrace, shall be provided in accordance with City standards. 19. On site traffic signage, driveway striping and fire aisles shall be installed and maintained as required by the City Engineering, Police and Fire Departments. 20. Parking lot design shall meet all City standards with respect to drive aisle widths, parking space dimensions, turning radii and driveway /parking surface grades. 21. Bicycle racks shall be provided in accordance with City requirements. PASSED, APPROVED AND ADOPTED THIS 10th DAY OF JANUARY 2006. ATTEST: CITY CLERK AYES, COUNCIL MEMBERS Heffernan, selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None MAYOR n STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. 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 resolution, being Resolution No. 2006 -3 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 January 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, 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 January 2006. (Seal) �2CLM� 0229L� City Clerk Newport Beach, California