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HomeMy WebLinkAbout2007-2 - General Plan Amendment for Koll CenterRESOLUTION NO. 2007- 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2006-003, AN AMENDMENT TO THE 2006 LAND USE ELEMENT TO INCREASE THE DEVELOPMENT ALLOCATION BY 24,016 GROSS SQUARE FEET IN KOLL CENTER NEWPORT OFFICE SITE A OF STATISTICAL AREA L4 (AIRPORT AREA) (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 Office Site A (Anomaly 1 of Table LU2) of the Statistical Area L4 (Airport Area) by 24,016 square feet. The applicant is proposed 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 Planned Community Development Amendment No. 2006- 001. The Planning Commission evaluated the project in the context of the 1988 . Land Use Element and the 2006 Land Use Element since the adopted General Plan update was not considered by the voters at the time when the Commission took action; and WHEREAS, at the October 10, 2006 meeting, the City Council adopted the Mitigated Negative Declaration including the Mitigation Monitoring and Report Program and approved a General Plan Amendment to the 1988 Land Use Element, to increase the total gross floor area of general office in Sub -Area 1 -1 (Office Site A) of the Airport Area (Statistical Area L4) by 24,016 gross square feet and Planned Community Development Amendment 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 of the Koll Center Newport; and WHEREAS, on November 7, 2006, the voters approved the 2006 General Plan Update. The 1988 Land Use Element is no longer valid and now superseded by the 2006 General Plan. Since the 2006 Land Use Element does not account for the proposed project, the proposed amendment is, therefore, necessary to accommodate the proposed development; and WHEREAS, a public hearing was held by the Newport Beach City Council on January 9, 2007 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 (Anomaly No. 1 of Table LU2). 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 Table LU2 (Anomaly Locations) of 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 (Anomaly No. 2 of Table LU2). 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 Table LU2 (Anomaly Locations) of 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 2006 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 Pack Club. This un -built floor area was authorized prior to the original adoption of the 1988 and 2006 Land Use Elements. The 2006 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 Land Use Policy No. 4.3 of the 2006 Land Use Element sets criteria for the transfer of development rights from a property to one or more other properties. The project would not be in conflict with this policy as the proposed transfer of development rights would occur within the same statistical area. The reduction of allowed development within the donor site would serve to reduce traffic trips (general office uses generate fewer trips than restaurant or retail uses) and therefore, would not result in any impacts to the local circulation system. The proposed development to be located on the receiver site has been designed with an architectural style is compatible with existing development in the business complex; and, WHEREAS, the Land Use Policy No. 5.3.6 of the 2006 Land Use Element requires that adequate parking be provided and is conveniently located to serve tenants and customers. Set open parking lots back from public streets and pedestrian ways and screen with buildings, architectural walls, or dense landscaping. Parking for the new office building would be provided in a combination of surface and below -grade lots immediately adjacent to the proposed structure. The parking areas will be convenient and accessible to the tenants and customers. Views of the parking lot would be minimized through the placement of parking underground and through the placement of the structure nearest to the public sidewalk that would serve to shield the existing parking lot to the east of the building. Landscaping of the lot is also proposed; 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. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach does hereby approve General Plan Amendment No. 2006 -003 by amending Anomaly No. 1 of Table LU2 of the 2006 Land Use Element as depicted in Exhibit "A" and subject to the standard code requirements listed in Exhibit "B" of City Council Resolution No. 2006 -91. This resolution shall Council of Newport vote to wit: ATTEST: take effect immediately upon adoption. Passed and adopted by the City Beach at a regular meeting held on the January 9, 2007 by the following AYES, COUNCIL MEMBERS xenn cu�lich_ Webb. Dai¢ Gardner, Mayor Rosansky NOES, COUNCIL MEMBERS None ABSENT, COUNCII Exhibit "A" The following changes to the maximum gross floor area within the 2006 Land Use Element and all other provisions of the 2006 Land Use Element would remain unchanged: Table LU2 Anomaly Locations Anomaly Number Statistical Area Land Use Designation Development Limits Development Lim' Other Additional Information 1 L4 MU -H2 436,07 471 Hotel 460,095 Rooms (Not included in total square footage 2 L4 MU -H2 1,0622,648 1,060,146 STATE OF CALIFORNIA } COUNTY OF ORANGE } as. 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. 2007 -2 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 9th day of January 2007, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of January 2007. City Clerk Newport Beach, California