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6.0_Uptown Newport Planned Community Park In-Lieu fee Credits_PA2011-134
CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT January 19, 2016 Agenda Item No. 6 SUBJECT: Uptown Newport Planned Community (PA2011-134) Park In-lieu Fee Credits 4311-4321 Jamboree Road APPLICANT: Shopoff Realty Investments OWNER: TPG/TSSG Venture 1 Acquisition, LLC. PLANNER: James Campbell, Principal Planner 949-644-3210, Icampbell(a)newportbeachca.gov PROJECT SUMMARY The Uptown Newport Planned Community is required to dedicate parkland and pay a parkland in-lieu fee. The Newport Beach Municipal Code (NBMC), the General Plan, and the Development Agreement between the City and the developer provide for three potential credits against the payment of in-lieu fees. The developer requests consideration and approval of credits for Phase 1 . RECOMMENDATION 1) Determine the approval of park in-lieu fee credits is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and (3); 2) Approve a credit in the amount of $3,188,034' for improvement costs for the Phase 1 public park consistent with NBMC Section 19.52.030(8); 3) Approve a credit in the amount of $1,998,839.94 for private recreational amenities within the first two buildings constructed pursuant to NBMC Section 19.52.080; and 4) Approve a credit in the amount of $2,176,717.17 for public recreational open space amenities pursuant to General Plan Land Use Element Policy LU 6.15.16. INTRODUCTION The Uptown Newport Planned Community project was entitled in early 2013 and it consists of 1,244 residential units, 11,500 square feet of retail use, and two acres of public park space on a 25 acre site. The site is located northwest of the intersection of Jamboree Road and Fairchild Road in the Airport Area of the City. Amount subject to change pending further clarification and review to be provided at or before the meeting. 2 V� QP �P r b . I . .S� • ,� 0�� uta � +...•, t.D -. r I 00 fit lam r a ♦ � � I 40' a gots Sk Ir I `. �� syr �„ �/�/•, ��v .�5 •t •1 1• • •I Uptown Newport Planned Community, Park In-Lieu Fee Credits Planning Commission, December 8, 2016 Page 3 PHASING AND SITE PLAN CONCEPT IWILJLWIIIIIWWIWIIIItI1111Uv'.'.ul WIIn91111WI1111W pWlili. _� • I Phase 2 7 Phase 1 ,mif Ph. Z ,. .: „ Prim 1 Phan 2 Total Number of Units: 680 564 1,244 11 Developable Area(ac): 8.74 9.71 18.46 Park Area(a0: 1.03 1.01 2.05 Ratell(sf): 11500 0 11,500 1AµBOREf gOA-0 - Right of Way All 3.24 130 454 Total Area lack 13.01 12.04 25.05 '-f J a MUM 2 — J X EXISTING JAll FACILITY { _ r�- • � . ' � PARK•A. .. Yj South North e�_ -.+ .t ,: .r4 .T'~.f'1FI�j'•:TJ.i' .t.�.�#'i::17"'-:f�i`•..:�'r,y',a .t+ �i' .� .i J4 JJ .N 4,0 .S .J♦} J J.I .N+J N JJ �-j J .t J JAMBOREE ROAD Uptown Newport Planned Community, Park In-Lieu Fee Credits Planning Commission, December 8, 2016 Page 4 Entitlements included the adoption of a planned community development Plan (Uptown Newport PC), a tract map, a master site development review application, an affordable housing implementation plan, and a development agreement (DA). The project was planned to be implemented in two separate phases and the first 12.477 acre phase underway. Phase 2 will start in 2022 or 2027 depending upon the existing industrial tenant's lease decisions. The existing industrial use must cease in 2027. Demolition of the former Jazz Semiconductor office building and parking lot and rough grading for Phase 1 was completed several months ago. Building permits for the first two buildings totaling 455 apartments and the retail component are ready to be issued. Construction financing should be in place shortly and construction of the first two buildings should commence in February of 2017. DISCUSSION The applicant has requested park in-lieu fee credits on behalf of the property owner related to three categories to avoid the potential of the City to provide a refund in the future after completion of construction. The applicant proposes a final "true up" of construction costs at the completion of construction to ensure that all costs are accounted for and all required fees paid. Parkland Dedication and In-lieu Fees NBMC Chapter 19.52 requires the Uptown Newport project to dedicate of 13.62 acres of parkland to the City. The project will dedicate a total of 2.05 acres of parkland (1.029 acres in Phase 1) and the developer is responsible for the construction of the two parks. An in-lieu fee for the residual 11.57 acres not dedicated ($28,940,000) is required and is payable based upon the acreage of the final tract map. The value of park land was established by the City by Ordinance No. 2007-30 at $2,500,000 per acre. The value per acre is also specified in the DA. The final tract map for Phase 1 is 12.477 acres and is 49.81 percent of the 25.05 acre planned community. Pursuant to the DA, 49.81 percent of the total dedication required at due at this (6.78 acres). The applicant is dedicating 1.029 acres of parkland with Phase 1, leaving 5.755 acres to be satisfied by the payment of an in-lieu fee. The fee calculation is 5.755 acres x $2.5 million per acre totaling $14,387,254.49. The fee is payable prior to the issuance of the first residential building permit; however, credits against the fee are considerable and are the subject of this report. The DA also allows for the deferral of the portion of the payment for units not included with the first building permit and these deferred fees are subject to an inflation escalator. In order to determine the fee payable for the first two buildings, the total fee was simply divided by the total units planned for Phase 1 to establish a per unit fee. Uptown Newport Planned Community, Park In-Lieu Fee Credits Planning Commission, December 8, 2016 Page 5 Table 1 Park In-lieu Fees for Phase 1 Total Phase 1 Parkland In-lieu Fee $14,387,254.49 Total Units in Phase 1 655 In-lieu Fee Per Unit $21,965.27 Total Fee for North Building 233 units $5,117,908.85 Total Fee for South Building 222 units $4,876,290.84 Total Fee for Deferred Units in Phase 1 200 units $4,393,054.81 Park In-lieu Fee Credits The Subdivision Ordinance and the General Plan provide for three potential credits to park in-lieu fees: 1) public park improvement cost pursuant to NBMC Section 19.52.030(B); 2) private recreational improvements pursuant to NBMC Section 19.52.080; and 3) public recreational open space pursuant to General Plan Land Use Element Policy LU 6.15.16. The Development Agreement identifies the Community Development Director as the review authority to determine a credit for items 1) and 3). The Director requests the Planning Commission's acknowledgement of the credits identified in this report for these two categories. NBMC Section 19.52.080 identifies the Planning Commission as the review authority to approve a potential credit related to item 2). 1) Credit for Public Park Improvements NBMC Section 19.52.030(B) provides: If a subdivider provides park and recreational improvements to dedicated parkland, the value of the improvements, together with any equipment located thereon, shall be a credit against the payment of fees or dedication of land, required by this chapter. Section 3.2.1 (i) of the Development Agreement (in part) provides: .. Landowner shall be eligible to receive credit against the payment of fees or dedication of land for park construction and dedication. The dollar amount of the credit shall be based on land value and final park construction and improvement costs, (excluding land value), which shall be review and approved by the Community Development Director and shall include, but not be limited to, the cost to design, engineer, construct, install, supervise and inspect the park and improvements, including any permit and inspection fees to be paid to City with respect thereto and the cost of obtaining and maintaining in effect security The amount shown for the deferred units does not include a CPI escalator.The final amount will be calculated applying the appropriate CPI escalator as specified by the DA at the time the fee is paid. Uptown Newport Planned Community, Park In-Lieu Fee Credits Planning Commission, December 8, 2016 Page 6 instruments for the work. The credit shall be determined by the Community Development Director at the time the City accepts the offer of dedication." BrightView (formerly Valley Crest) designed the park and the concept design was previously reviewed and approved by the City Parks, Beaches & Recreation Commission. The concept plan of the park is attached (Attachment PC1). The parkland was dedicated and accepted with the recordation of the final tract map in March 2015, and has not been constructed. The applicant requests 100 percent of the current park contract costs for park design, rough grading of the park, utilities and civil engineering totaling $263,774. These costs are based contract amounts reviewed by staff and are for the park only. The applicant has requested 8.25 percent of the total cost for demolition of the prior structures and mass grading of the site, thus preparing the park portion of the first phase ready for development. The park is 8.25 percent of the total acreage of Phase 1 and staff believes the proration of these costs is appropriate. The total prorated demolition and grading costs are $57,752. Construction of the park improvements was estimated by BrightView (dated 12/15/2016) who is also a construction contractor. The total cost of construction including a surety bond and a customary contingency is $2,866,508. Staff has had an independent review of the construction estimate by Rabben/Herman Design who designed and helped the City construct Marina Park. The initial review revealed several items that require clarification. The clarification has not been provided by the applicant as of the drafting of this report; however, the total cost is summarized in Table 2 below and a more detailed breakdown is provided in Attachment PC2. Table 2 Public Park Construction Costs Design, engineering and utilities $263,774 Prorated demolition costs $57,752 BrightView improvement estimate $2,866,508 Total Credit Requested $3,188,034 Staff recommends approval of the requested credit provided the necessary clarification is provided. Staff will be providing additional information on this item at or prior to the meeting. Lastly, staff is not proposing a final true up of the costs after construction as it will provide an incentive for the applicant to install the park on budget. 2) Credit for Private Recreational Facilities NBMC Section 19.52.080 allows for a credit up to 20 percent of the fee for private recreational improvements. In approving credit against required park fees, the Planning Commission must find that all of the following standards are met: Uptown Newport Planned Community, Park In-Lieu Fee Credits Planning Commission, December 8, 2016 Page 7 1. The credited private recreational facilities include active recreation facilities such as playfields, turfed play areas, tot lots, recreation buildings, swimming pools and playing courts, and similar facilities. Also eligible are bicycle or hiking trails which are privately maintained, which connect to trails outside the development and which are open to the public. Passive open space, such as setback areas and passive greenbelts shall not be granted credit; Each of the two buildings will include a pool recreational area, interior courtyard, a "skydeck," and a bike shop among other amenities. The two pool decks will have three pools, including a 72-foot long lap pool, and two spas. The interior courtyards will include outdoor kitchen areas with BBQs, built-in lounge seating, outdoor fireplaces, a water feature, shuffleboard courts, and a synthetic turf area for yard games such as bocce ball, ladder golf, croquet, etc. The bike shop areas are enclosed rooms within the first level of each building. They will include secure bike lockers and a workshop space including tools for bike maintenance. Both buildings will also include a dog wash area. The sky decks will offer views to the south and include an interior kitchen area. These areas can accommodate informal resident gatherings. The north building will have a 3,350 square foot clubhouse that will accommodate resident sponsored activities including meetings, parties, and recreational classes. The southerly building will have a 3,245 square foot fitness facility or gymnasium. It should be noted that the two buildings will be connected by a bridge over an open space area so residents of both buildings can utilize the amenities of either building. All of these facilities offer residents recreational activities that are considerably more than passive open space. The amenities are conceptually shown in Attachment PC3. 2. The private recreational facilities are suitable for use for active recreational purposes, taking into consideration such factors as size, shape, topography, access and location; and The private recreational facilities described above are suitable for active recreational use considering they are provided within high density residential development in an urban area. 3. The use of the private recreational facilities is restricted to park, recreation or trail purposes and their private ownership and maintenance are assured by recorded covenants which run with the land and which cannot be eliminated without the consent of the City. A covenant ensuring the availability of the described recreational amenities will be recorded prior to occupancy of the buildings. 8 Uptown Newport Planned Community, Park In-Lieu Fee Credits Planning Commission, December 8, 2016 Page 8 Pursuant to NBMC Chapter 19.52, a credit granted for private recreational facilities shall be from zero percent to twenty percent of the amount of required land dedication or in lieu fee imposed pursuant to NBMC Chapter 19.52. In no case shall credit exceed twenty (20) percent. The amount of credit granted shall be determined in accordance with the following criteria: 1. The degree to which the private recreational facilities complement existing or proposed public park facilities serving the subdivision, as shown in the General Plan's Recreation and Open Space Element, and The project site is located within Service Area 4 and is in proximity to Service Area 7. Parks within each Service Area could serve the subdivision (Attachment PC4). Bayview Park and the Upper Newport Bay Regional Park currently provide recreational opportunities to Area 4. A Santa Ana Heights Community Park located near the existing YMCA on University Drive and a pocket park is planned. Bonita Creek Park in Area 7 provides the closest sports fields to the site. The proposed private recreational amenities including the bike shops along with the proposed off- road bike path along Jamboree Road compliment these nearby public park and open spaces. The pool and fitness facility are amenities that are not provided in public parks but might reduce resident demand to use the Corona del Mar High School pool or the YMCA pool located on University Drive. 2. The degree to which the private recreational facilities reduce the burden on existing or proposed public park facilities serving the subdivision. The private recreation facilities will meet many recreational needs of residents; however, sports fields, basketball, tennis or pickelball courts etc. are not provided due to space constraints. Residents seeking to participate in these activities would be reliant on nearby public parks. The private amenities will reduce demands for meeting space within public parks or community centers for resident parties, celebrations or other gatherings. Staff believes the required findings can be made, and based upon the criteria above, staff recommends a 20 percent credit based upon the amenities provided. Credit is calculated in Table 3. Table 3 Private Recreational Credit Pursuant NBMC Section 19.52.080 Total Fee for North Building 233 units $5,117,908.85 Total Fee for South Building 222 units $4,876,290.84 Total $9,994,199.68 Recommended 20% Credit for Private Recreational $1,998,839.94 Improvements 9 Uptown Newport Planned Community, Park In-Lieu Fee Credits Planning Commission, December 8, 2016 Page 9 3) Credit public recreational open space. General Plan Policy LU 6.15.16 provides the following: Require developers of multi-family residential developments on parcels 8 acres or larger to provide on-site recreational amenities. For these developments, 44 square feet of on-site recreational amenities shall be provided for each dwelling unit in addition to the requirements under the City's Park Dedication Ordinance and in accordance with the Parks and Recreation Element of the General Plan. On-site recreational amenities can consist of public urban plazas or squares where there is the capability for recreation and outdoor activity. These recreational amenities may also include swimming pools, exercise facilities, tennis courts, and basketball courts. Where there is insufficient land to provide on-site recreational amenities, the developer shall be required to pay cash in-lieu that would be used to develop or upgrade nearby recreation facilities to offset user demand as defined in the City's Park Dedication Fee Ordinance. The acreage of on-site open space developed with residential projects may be credited against the parkland dedication requirements where it is accessible to the public during daylight hours, visible from public rights-of-way, and is of sufficient size to accommodate recreational use by the public. However, the credit for the provision of on-site open space shall not exceed 30 percent of the parkland dedication requirements. The applicant exceeds the 44 square feet of recreational space per unit by providing the interior courtyards, pool decks, fitness room, clubhouse and skydecks. These spaces are not open to the public so they are not eligible for credit against the parkland dedication or in-lieu fees pursuant to Policy LU 6.15.16. The applicant requests a credit for the open space along Jamboree Road and a 50 foot wide "paseo" between the first two buildings based upon the total acreage they occupy (0.87 acres) at $2,500,000 per acre for a total of$2,176,717. SidewalklBikeway The project provides a meandering, 12-foot wide, multi-use sidewalk that allows bikes, and landscaping in the setback area between the buildings and Jamboree Road. Improvements in this area are shown in Attachment PCS. The improvements are a series of 29-foot wide parcels across the entire frontage totaling 0.662 acres. The path is visible from Jamboree Road and is open to public use 24-hours a day as it is also a public sidewalk along Jamboree Road. The applicant has agreed to install several jogging fitness stations along the frontage similar to what has been installed at Marina Park and to ensure additional stations are included in later phases of construction. Given that the expanded path has some active recreational value beyond the 12-foot wide multi-use that would otherwise be required, granting the credit can be supported. 10 Uptown Newport Planned Community, Park In-Lieu Fee Credits Planning Commission, December 8, 2016 Page 10 Public Paseo The project includes a 50-foot wide open "paseo" that will be perpendicular to Jamboree Road between the first two proposed buildings. The roughly 220-foot long space will contain private residential patios, infiltration planters, a pedestrian plaza with seat walls and benches, a stair landing, a water feature, an "entry garden," landscaping, and a pedestrian path. Additionally, there will be a bridge above connecting the two buildings at the pool decks. The ground level will be connected to the bridge by a stair that will include a mid-level landing allowing the public an opportunity to stop and enjoy the space from an elevated vantage. The applicant indicates the overall design was based on the "high line park" concept from New York. The amenities are shown in Attachment PC6. The easterly end of the paseo will be visible to Jamboree Road and the paseo will be open to the public during daylight hours. It will provide pedestrian access for residents and the public from Jamboree Road to the interior of the project thereby providing access to the retail spaces, the planned 1-acre public park, and other planned paseos. The paseo is largely passive space and allows for pedestrian access and informal seating areas. The applicant has agreed to install drinking fountain/bottle filler station (including a dog bowl). The 50-foot wide space is not fully accessible due to private residential patios and other improvements that impede full access. Therefore, the credit request excludes the areas not accessible by the public. The credit calculation for the bikeway and paseo is calculated in Table 4. Table 4 Public Recreation Credit pursuant to Policy LU 6.15.16 Bikeway Area lots E, F, G, H, I, J, not including lots M or L 0.6615 acre Public Portion of Paseo Easement 0.2092 acre Total Area 0.8707 acre Total Requested Credit $2,176,717.17 Maximum Credit at 30% of Fee Total Fee for North Building 233 units $5,117,908.85 Total Fee for South Building 222 units $4,876,290.84 Total $9,994,199.68 Full 30% Credit $2,998,259.90 The recommended credit is below the maximum allowable credit for this first phase of construction and is therefore consistent with Policy LU6.15.16. Difference due to rounding. 22 Uptown Newport Planned Community, Park In-Lieu Fee Credits Planning Commission, December 8, 2016 Page 11 Summary Three credits are recommended and the fees and credits for the first 455 units are summarized in Table 5. Table 5 In-lieu Fee and Credit Summary Total Fee for North Building 233 units $5,117,908.85 Total Fee for South Building 222 units $4,876,290.84 Total In-lieu Fee $9,994,199.68 Park Construction Credit NBMC 19.52.030(B)) $ 3,188,034.00 Private Recreational Credit NBMC 19.52.080 $ 1,998,839.94 Public Recreational Credit Policy LU6.15.16 $(2,176,717.17) Total Credits $(7,363,591.11) Total In-lieu Fee for First 455 Units Due $2,630,608.57 Alternatives The Planning Commission could direct staff to allow for a final true up of public park construction costs. The Commission could determine that the amount of the private recreational credit is not warranted based upon the planned improvements. Additionally, the Commission could determine that the recreational aspect of the Jamboree Road frontage and paseo warrant a lower credit based upon the limited recreational amenities provided. Environmental Review The City prepared and certified a Final Environmental Impact report for the Uptown Newport Beach Planned Community in 2013. The project has not changed. The approval of park in-lieu fee credits is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Public Notice The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 12 Uptown Newport Planned Community, Park In-Lieu Fee Credits Planning Commission, December 8, 2016 Page 12 Prepared by: Submitted by: W co��k4��Yd rn-,ow jaaes Campbell, Principal Plariner *na i,r ICP, Deputy Director ATTACHMENTS PC1 Public Park Concept Plan PC2 Public Park Construction Estimate PC3 Exhibits of Private Recreational Areas PC4 General Plan Service Area Maps PC5 Plan for Jamboree Road Frontage PC6 Exhibits of Public Paseo open space 13 V� QP �P 2� Attachment PCI Public Park Concept Plan 15 V� QP �P 2� B M L Q -M t Q At +J X z 7 ` r6 1� V� QP �P sg Attachment PC2 Public Park Construction Estimate 19 V� QP �P �o 7EL -a § / \\\\\\\\\\\\\\ k ) § \ } \\ \ } ! � }� \ \ } � \ \ ! * - ;_ § \ \ /\\ /\ \ \ \ }/} a,2 < a k \ \ \ ( \ \ \ \ ) \ \ / / ; | § | e 0 0 2± UPTOWN NEWPORT REVISED PRELIMINARY COST ESTIMATE Exhibit 1 - COST RECAP UPTOWN NEWPORT Newport Beach,California BrightView Landscape Development- Fountain Valley,California Description �BASESCOPE: GENERAL CONDITIONS: $286,188,00 SITE CLEARING(by Others): -NOT IN SCOPE - EROSION CONTROL (Removals Only, Install by Others): $1,684,00 ROUGH GRADING (by Others): -NOTfNSCOPE - FINISH GRADING: $3,353,00 LANDSCAPE AREA DRAINAGE (Storm Drain by Others): $8,157,00 STORM WATER INFILTRATION CHAMBERS (By Others): -NOT fN SCOPE - CONCRETE WALLS: $91,849,00 CONCRETE FLA TWORK,STAIRS, &CURBS: $233,239,00 SIGNAGE(by Others): -BY OTHERS- MASONRY PAVERS: $109,729,00 MASONRYWALLS: -None This Phase- METAL FENCES, HANDRAILS, &GUARDRAILS: $6,624,00 FOUNTAIN: $77,486,00 OVERHEAD SHADE STRUCTURES: $525,736,00 SITE FURNISHINGS: $125,357,00 PLAY EQUIPMENT&SURFACING: $350,004,00 IRRIGATION SYSTEM: $64,290,00 LANDSCAPE PLANTING: $622,900,00 PLANT ESTABLISHMENT PERIOD (90 Days): $2,477,00 LIGHTING: $246,389,00 SUBTOTAL: $2,755,462.00 BOND COST. $27,555.00 TOTAL OF ABOVE. $2,783,017.00 CONTINGENCY: $83,491.00 UPTOWN NEWPORT [ 1 ] BrightView Landscape Development, Inc., December 15, 2016 22 UPTOWN NEWPORT REVISED PRELIMINARY COST ESTIMATE Exhibit 2 - TABULATED COST DATA UPTOWN NEWPORT Newport Beach,California BrightView Landscape Development- Fountain Valley,California Budget Budget Item Description Quantity Unit Price Extension VILLAGE PARK:. 41,969 SF GENERAL CONDITIONS/FRONT COSTS: $286,188.00 SITE CLEARING: -BY OTHERS- EROSION CONTROL: Install and Maintain Erosion Control: -BY OTHERS- Remove Erosion Control: Remove Gravel Bags in Row at US Drain Inlets 2 High 667 EA $0.37 $246.79 Remove Gravel Bags in Row at Storm Drain Inlets 1 High 139 EA $0.37 $51.43 Remove Straw Wattles 700 LF $0.30 $210.00 Remove Silt Fence 200 LF $0.18 $36.00 10 CY Dump Truck 2 Loads $121.00 $242.00 Dump Fees 2 Loads $440.00 $880.00 --------------------------------- Remove Erosion Control: $1,683.50 ROUGH GRADING: -BY OTHERS- FINISH GRADING: 41,969 SF Finish Grading of Hardscape Areas(Concrete,Masonry,D.G.etc.) 20,757 SF $0.09 $1,868.13 Finish Grading of Landscape Areas(Shrub,Turf,D.G.,Bio-Swale,etc) 21,212 SF $0.07 $1,484.84 --------------------------------- FINISH GRADING: $3,352.97 Average Cost per Square Foot: $0.06 LANDSCAPE AREA DRAINS: Incidental Drainage 41,969 SF -BYOTHERS- Total Pavement Area-Not Including D.G. 25% of Total Area 4,300 SF Primarily Sheet Drains to Planters Total Shrub Area 20% of Total Area 3,040 SF Total Turf Area 100% of Total Area 6,010 SF 8 "Cast Iron Drain Inlet with Bronze Grate 25 'On-Center 6 EA $317.53 $1,905.18 8 "NDS Spee-D-Basin Drain Inlets 25 'On-Center 4 EA $75.00 $300.00 12 "Pre-Cast Cone.Catch Basin wlGaly ADA Grate 50 'On-Center 2 EA $274.36 $548.72 4 "SDR-35 PVC Pipe w/Fittings 360 LF $8.02 $2,887.20 6 "SDR-35 PVC PipewlFiUfngs 100 LF $16.28 $1,628.00 8 "POC to Existing PVC Collector Drain 4 EA $222.00 $888.00 --------------------------------- LANDSCAPE AREA DRAINS: $8,157.10 Average Cost per Square Foot: $0.19 STORM WATER INFILTRATION CHAMBERS: -BY OTHERS- CONCRETE WALLS: 247 LF Tot Lot Wall 145 LF 28 "Deep Footing Cut" 60 "Wide 63 CY $19.00 $1,197.00 12 "Thick Conc.Fooling 60 "Wide 31.00 CY $519.00 $16,089.00 [2] BrightView Landscape Development, Inc., December 15,2016 2S UPTOWN NEWPORT REVISED PRELIMINARY COST ESTIMATE Budget Budget Item Description Quantity Unit Price Extension VILLAGE PARK: 41,969 SIF 16 In.Height Below-Grade Stemwall 12 "Avg.Thick 7.20 CY $734.00 $5,284.80 32 In.Avg.Height Screen Wall(Above Stem) 42 "Thick 50.10 CY $734.00 $36,773.40 Heavy Sandblast Finish 1,290 SFFF $1.70 $2,193.00 1 Gal Clear Matte Sealer 5 Gal $130.27 $651.35 Anti-Skateboard Attachments 48 "On-Center 37 EA $29.07 $1,075.59 Tot Lot Wall $63,264.14 Average Unit Costper Linear Foot: $436.30 Concrete Barbeque: 31 LF Edge 38 SF Corrected for Slope 20 "Deep Footing Cut" 24 "Wide 4 CY $19.00 $76.00 8 "Thick Conc.Footing 18 "Wide 1.90 CY $317.00 $602.30 12 In.Height Below-Grade Stemwall 8 "Avg.Thick 0.90 CY $604.00 $543.60 21 In.Avg.Height Perimeter Wall(Above Stem) 8 "Thick 1.60 CY $604.00 $966.40 18 "Avg Depth Sand Infill 1 Tons $65.80 $65.80 4 "3,200 PSI Concrete,Natural Gray(Polished Top) 38 SF $49.50 $1,881.00 Medium Sandblast Finish 92 SFFF $1.10 $101.48 1 Gal Clear Matte Sealer 1 Gal $130.27 $130.27 Concrete Barbeque: $4,366.85 Average Unit Costper Square Foot: $114.92 Seat Walls: 71 LF 18 In.Height Seat Wall Cut to Sub-Grade 36 "Wide 3.94 CY $12.70 $50.04 18 In.Height Seat Wall(Curved wlPlay Area Wall) 71 LF 3.94 CY 8 "Thick Conc.Footing 30 "Wide 6 CY $0.00 $0.00 12 "Wide Reinf.Concrete Stem Wall 12 In Height 3.62 CY $0.00 $0.00 18 "Wide Reinf.Exposed Wall 24 In.Avg.HE 9 CY $0.00 $0.00 Concrete Seatwall 24 "Wide at Top 71 LF $328,00 $23,288.00 Medium Sandblast Finish 300 SF $2.50 $750.00 1 Gal Clear Matte Sealer 1 Gal $130.27 $130.27 ------------------------- Seat Walls: $24,218.31 Average Unit Costper Linear Foot: $341.10 CONCRETE WALLS: $91,849.29 CONCRETE PAVING: 17,198 SF Concrete Steps: 719 LF 10 "Deep Sub-Grade Excavation and Compaction 44 CY $25.34 $1,114.96 4 "Fill Crushed Aggregate Base 1 Ton $65.63 $65.63 8 "Thick Integral Color with TopcasiFinish 24 "Tread 719 LF $101,00 $72,619.00 Concrete Steps: $73,799.59 Average Unit Prlcepert.F. $102.64 Cobble Paver Edge Band 905 LF 6 "Deep Sub-Grade Excavation and Compaction 17 CY $25.34 $430.78 8 "x 6"Concrete Mow Curb,Integral Color 905 LF $19.80 $17,919.00 Light Sandblast(None,Light,Medium,Heavy) 603 SF $0.83 $500.77 --------------------------------- [3 1 BrightView Landscape Development, Inc., December 15,2016 24 UPTOWN NEWPORT REVISED PRELIMINARY COST ESTIMATE Budget Budget Item Description Quantity Unit Price Extension SEEN VILLAGE PARK: 41,969 SF Cobble Paver Edge Band $18,850.55 Average Unit Price per LF $20.83 Tree Well Edge Band: 396 LF 6 "Deep Sub-Grade Excavation and Compaction 7 CY $25,34 $177.38 8 "x 6"Concrete Mow Curb,Integral Calor 396 LF $19.80 $7,840.80 Light Sandblast(None,Light,Medium,Heavy) 264 SF $0.83 $219.12 --------------------------------- Tree Well Edge Band: $8,237.30 Average Unit Priceper LF. $20.80 Concrete Mow Curb: At Turf and At D.G. 109 LF 6 "Deep Sub-Grade Excavation and Compaction 2 CY $25.34 $50.68 8 "x 6"Concrete Mow Curb,Integral Calor 109 LF $19.80 $2,158.20 Light Sandblast(None,Light,Medium,Heavy) 73 SF $0,83 $60.31 --------------------------------- Concrete Mow Curb: $2,269.19 Average Unit PriceperLF. $20.82 ADA Ramps: 3 EA 199 SF 6 "Deep Cut&Fine Grade at Sub-Grade 199 SF $0.62 $123.38 4 "Deep Crushed Aggregate Base 3.81 Tons $47.50 $180.98 4 "3,200 PSI Concrete,Integral Color,Medium Broom Finish 199 SF $9.10 $1,810.90 6 "Curb at ADA Ramp 14 LF $13.20 $184.80 Truncated Dome Panels 8 SF/Each 24 SF $16.70 $400.80 Expansion Joint at Buildings or Other Structures 0 LF $0.00 $0.00 Expansion Joint at(Back of Curbs or Abutting Walks 108 LF $0.40 $43.20 1 LF Elastomeric Joint Sealant per 199 SF of Walk 109 LF $3.30 $359.70 --------------------------------- ADA Ramps: $3,103.76 Average Unit Price per Square Foot: $15.60 Enhanced Concrete Paving at Thematic Areas Pedestrian 4,218 SF 6 "Deep Cut&Fine Grade,and Compact SubGradeAreas 78 CY $16.90 $1,318.20 4 "Deep Crushed Aggregate Base 94 Tons $44.90 $4,220.60 #3 Rebar x 2 Directions(Included Below) 18 "On-Center 2,643 LBS $0.00 $0.00 Enhanced Concrete Paving at Thematic Areas-Type A 237 SF Enhanced Concrete Paving at Thematic Areas-Type B 245 SF Enhanced Concrete Paving at Thematic Areas-Type C 181 SF Enhanced Concrete Paving at Thematic Areas-Type D 457 SF Enhanced Concrete Paving at Thematic Areas-Type E 757 SF Enhanced Concrete Paving at Thematic Areas-Type F 1,268 SF Enhanced Concrete Paving at Thematic Areas-Type G 66 SF Enhanced Concrete Paving at Thematic Areas-Type H 925 SF Enhanced Concrete Paving at Thematic Areas-Type Under Benches 82 SF 4 "3,200 PSI Integral Color Concrete wrropcast Finish 4,218 SF $9.85 $41,547.30 20 LF Sawcut Joint Lines 100 SF of Walk (1,104) LF $0.00 $0.00 Expansion Joint at/Back of Curbs or Along Walls or Abutting Fields 1,526 IF $0.36 $549.36 [4] BrightView Landscape Development, Inc., December 15,2016 215 UPTOWN NEWPORT REVISED PRELIMINARY COST ESTIMATE Budget Budget Item Description Quantity Unit Price Extension VILLAGE PARK: 41,969 SF i 40 LF Elastomeric Joint Sealant per 400 SF of Walk 1,948 LF $3.30 $6,428.40 Enhanced Concrete Paving at Thematic Areas $54,063.86 Average Unit Price per Square Foot: $12.82 Concrete Sub-Slabs: 10,652 SF 10 "Deep Cut&Fine Grade,and Compact Sub-Grade Areas 329 CY $16.90 $5,560.10 4 "Deep Crushed Aggregate Base 237 Tons $44.90 $10,641.30 #3 Rebar x 2 Directions(Included Below) 18 "On-Center 6,675 LBS $0.94 $6,274.50 4 "3,200 PSI Concrete,Natural Gray,Bull Float Finish 10,652 SF $4.57 $48,679.64 Sandblast(None,Light,Medium,Heavy) None 10,652 SF $0.00 $0.00 8 LF Elastomeric Joint Sealant per 160 SF of Walk 533 LF $3.30 $1,758.90 Concrete Sub-Slabs: $72,914.44 Average Unit Price per Square Foot: $6.85 CONCRETEPAWNG: $233,238.69 SIGNAGE: -BY OTHERS- MASONRY PAVING: Running Bond Pavers: 4,503 SF Prep Sub-Slab(Included with Concrete,Above) 4,503 SF $0.00 $0.00 1.00 "Deep Mortar Setting Bed 17.00 Tons $41,50 $705.50 50 mm 12"x 24"Akerstone Palazzo Pavers 100% of Total 4,503 SF $10.25 $46,155.75 Cutting Waste 901 SF $5.76 $5,189.76 Clean-Up I Pressure Wash Pavers 16 Hours $37,00 $592.00 1 Gallon Penetrating Sealer 16 Gallon $156.00 $2,496.00 --------------------------------- Running Bond Pavers: $55,139.01 Average Unit Price per Square Foot: $12.24 Cobble Pavers: 6,149 SF Prep Sub-Slab(Included with Concrete,Above) 6,149 SF $0.00 $0.00 1.00 "Deep Mortar Setting Bed 23.00 CY $113.00 $2,599.00 60 mm 8"x 8"Akerstone Holland II Cobble 100% of Total 6,149 SF $7.60 $46,732.40 Cutting Waste 307 SF $4,89 $1,501.23 Clean-Up 1 Pressure Wash Pavers 13 Hours $37.00 $481.00 1 Gallon Penetrating Sealer 21 Gallon $156,00 $3,276.00 Cobble Pavers: $54,589.63 Average Unit Price per Square Foot: $8.88 MASONRYPAVING: $109,728.64 METAL RAILINGS: Stair Railings: 48 LF 36 "Tall Stainless Steel Handralls Ground Mount 48 LF $138,00 $6,624.00 --------------------------------- METAL RAILINGS: $6,624.00 FOUNTAIN FEATURE 1 EA Pre-Engineered Tensile Fabric Shade Structure at Play Area 1 EA $29,832.00 $29,832.00 151 BrightView Landscape Development, Inc., December 15,2016 20 UPTOWN NEWPORT REVISED PRELIMINARY COST ESTIMATE Budget Budget Item Description Quantity Unit Price Extension VILLAGE PARK: 41,969 SF 8 "Thick Concrete Floor with Waterstop 254 SF $28.00 $7,112.00 24 "Wide Concrete Vessel Wall w/Pre-Cast Cap 24 "Deep 50 LF $49.50 $2,475.00 Tile Interior Veneer over Latacrete 242 SF $38.50 $9,317.00 Allowance for Central Sculptural Element 1 LS $22,340,00 $22,340.00 Allowance for Electrical/Lighting 1 LS $6,410.00 $6,410.00 --------------------------------- FOUNTAINFEATURE $77,486.00 SHADE STRUCTURES: Picnic Area Shade Canopy: 1,200 SF/EA 1 EA Pre-Engineered Tensile Fabric Structure at Play Area w/PVC Fabric upgrade 1 EA $234,500.00 $234,500.00 48 "Square Reinforced Concrete Footings x 36 "Deep 1 EA $0.00 $0.00 12 "Reinforced Concrete Grade Beam x 18 "Deep 70 LF $0.00 $0.00 Allowance for Electrical/Lighting See Lighting,Below 0 LS $0.00 $0.00 Picnic Area Shade Canopy: $234,500.00 Play Area Shade Canopy: 300 SF I EA 2 EA Pre-Engineered Tensile Fabric Structure at Play Area w/PVC Fabric upgrade 2 EA $145,618.00 $291,236.00 36 "Square Reinforced Concrete Footings x 36 "Deep 2 EA $0.00 $0.00 Allowance for Electrical/Lighting See Lighting,Below 0 LS $0.00 $0.00 -------------------------------- Play Area Shade Canopy: $291,236.00 Average Cost per Each $145,618.00 SHADE STRUCTURES: $525,736.00 SITE FURNISHINGS: Tournesol Sileworks"Twig"Bench Style G-01 14 EA $1,828.00 $25,592.00 Shipping for Pet Tournesol Siteworks Orders 1 LS $2,014.10 $2,014.10 8 Ft.Forms&Surfaces Hudson Bench SBHUD-965 7 EA $2,874,00 $20,118.00 42 "Dining Table with Integral Backless Seats 4 Seat 3 EA $3,839.00 $11,517.00 42 "Dining Table with Integral Backless Seats 6 Seat 3 EA $4,702.00 $14,106.00 30 -Gallon Forms&Surfaces Dispatch Split Stream Waste 1 Recyclable Unit 7 EA $2,925.00 $20,475.00 Forms&Surfaces"Bike Garden"Bike Rack B-CIP 1 EA $2,104.28 $2,104.28 6 "Thick Reinforced Concrete Slabs for Above 10 SF $20.00 $200.00 Shipping for All Forms+Surfaces Orders 1 LS $3,569.50 $3,569.50 Pet Pick-Ups"Modern Dog'Unit in Brushed Aluminum 2 EA $1,231,00 $2,462.00 12 "Dia Footing for Pet Waste Dispenser x 18 "Deep 2 EA $66.70 $133.40 Shipping for Pet Pickups Products 1 LS $31.90 $31.90 Haws 3203G Drinking Fountain 1 EA $4,125.00 $4,125.00 314 "Domestic Water Supply to Drinking Fountain 100 LF $2.67 $267.00 1112 "Drain Connection to Drinking Fountain 120 LF $4.18 $501.60 Shipping for Haws Order 1 LS $283.80 $283.80 Twin Eagles 30"Built-In Gas Barbecue with Light 2 EA $5,140,61 $10,281.22 Under-Counter SS Cabinet for Above 2 EA $2,349,00 $4,698.00 Miscellaneous Gas Controls 1 LS $972.18 $972.18 314 "Fusion-Welded HDPE Gas Service Line to Meter(Meter by Others) 234 LF $8.14 $1,904.76 --------------------------------- SITE FURNISHINGS: $125,356.74 161 BrightView Landscape Development, Inc., December 15,2016 27 UPTOWN NEWPORT REVISED PRELIMINARY COST ESTIMATE Budget Budget Item Description Quantity Unit Price Extension VILLAGE PARK: 41,969 SIF PLAYEQUIPMENT: Custom"Ship"Play Structure(5-12 Year Old) 1 LS $182,367.00 $182,367.00 Kelp Stalks 12 EA $2,236.00 $26,832.00 Haff Dolphin 1 EA $13,214.00 $13,214.00 Shipping for Play Equipment 1 LS $7,507.50 $7,507.50 Estimated Installation Cost 1 LS $33,453.00 $33,453.00 Resilient Surfacing 121 SF Sand Pit 3,559 SF Realism Surfacing* 8 "x 12"Concrete Anchor Curb at Perimeter of Play Area 245 LF $20.90 $5,120.50 12 "Avg.Depth Trench for Sub-Drains 12 "Wide 356 LF $2.49 $886.44 4 "ADS N-12 HDPE Pipe and Fittings 10 Ft,On-Center 400 LF $4.50 $1,800.00 1 SF Roll of Geotextile Filter Fabric 1,780 SF $0.63 $1,121.40 12 "Deep Pea Gravel Envelope at Pipe 9 "Wide 15 Tons $48.43 $726.45 4 "Clean-Out to Grade(Set below Surface) 2 EA $50.97 $101.94 4 "Thick Permeable Aggregate Base 66 Tons $59.78 $3,945.48 1 SF Roll Non-Woven Geotextile Filter Fabric 3,737 SF $0.25 $934.25 3 "Pour-In-Place Resilient Surfacing-Allow For 5 Colors 3,559 SF $20.00 $71,180.00 18 "Deep Double-Washed Play Area Sand 10 Tons $81.36 $813.60 *Included tum-down at sand pit area PLAYEQUIPMENT: $350,003.56 IRRIGATION SYSTEM: 21,212 SF Turf Areas with Rotor,Rotator,and Spray Heads 6,010 SF $1.67 $10,036.70 Drip Irrigation at Shrub Areas 15,202 SF $2.11 $32,076.22 Separate Bubbler Systems to All Trees 2 Avg/Tree 98 EA $83.23 $8,156.54 Control System(Two Wire System) 1 EA $12,810.16 $12,810.16 Miscellaneous(Glue,Lube,Testing,Etc.) 1 LS $381.00 $381.00 Turn-Over Items(Tools,Manuals,Spares) 1 LS $384.00 $384.00 As-Built Drawings 1 EA $329.00 $329.00 Controller Charts 1 EA $116.40 $116.40 IRRIGATION SYSTEM: $64,290.02 Average Unit Price per Square Foot: $3.03 LANDSCAPE PLANTING: 21,212 SF PLANTING: 21,212 SF Fine Grade for Shrub and Perennial Area 15,202 SF $0.12 $1,824.24 Fine Grade for Turgrass Lawn 6,010 SF $0.08 $480.80 1 Gal"Round-Up"Herbicide 9 1 Gallon $196.00 $196.00 Selective Clear and Remove Weeds 21,212 SF $0.04 $848.48 Ground-Dug Palm Trees 19 Total 20 Ft.BTH Phoenix dactylifera 14 EA $4,596.00 $64,344.00 30 Ft.BTH Washingtonia robusta 5 EA $1,570.00 $7,850.00 Hardwood Trees: 79 EA 60 "Box Ficus nitda(Standard) 3 EA $4,225,00 $12,675.00 60 "Box Tipuana tipu(Standard) 10 EA $4,225.00 $42,250.00 48 "Box Assorted Palm Trees 12 Ft.Trunk 50 EA $2,896.00 $144,800.00 36 "Box Lophostemon conferta 14 EA $835,00 $11,690.00 36 "Box Phoenix reclinata 2 EA $4,352.00 $8,704.00 [7] BrightView Landscape Development, Inc., December 15,2016 22 UPTOWN NEWPORT REVISED PRELIMINARY COST ESTIMATE Budget Budget Item Description Quantity Unit Price Extension VILLAGE PARK: 41,969 SIF Rigging and Hoisting 40 Hours 5 -Ton Rough Terrain Fork Lift 36 Hours $114.00 $4,104.00 40 -Ton Crane Rental 4 Hours $303.00 $1,212.00 Root Barriers at Trees Within 5'of Hardscape 0 1 Side 0 2 Sides 24 "Tall Deep Root UB24-2 10 LF I Side 125 LF $9.00 $1,125.00 Plant Pit Drains 1 Per Tree 6 "Deep Gravel Drainage Course 176 Ton $60,89 $10,716.64 4 "Diameter Tree Vent Stack wlCap 4 Feet Long 98 EA $27,77 $2,721.46 8 "Diameter Perforated Drain Pipe in Planitng Pit 20 Avg LF I Tree 1,960 LF $79.14 $155,114.40 4 "Diameter Sold Wall Drain Pipe Between Trees 18 Avg LF I Tree 1,780 EA $57.17 $101,762.60 30%Ornamental Grasses and Forbes 4,561 SF Total Area 30% 5-Gal,Plant Material(Avg Pricing per Palette) 36 In.Avg O.C. 154 EA $22.30 $3,434.20 50% 1-Gal.Plant Material(Average Pricing per Palette) 30 In.Avg O.C. 370 EA $8.50 $3,145.00 20% 4"Pot Plant Material(Average Priciing per Palette) 24 In.Avg O.C. 232 EA $3.90 $904.80 40%Shrubs 6 Ground Covers 6,081 SF Total Area 20% 15-Gal.Plant Material(Avg Pricing per Palette) 48 In.Avg O.C. 75 EA $80.70 $6,052.50 40% 5-Gal,Plant Material(Avg Pricing per Palette) 42 In.Avg O.C. 195 EA $24.40 $4,758.00 30% 1-Gal.Plant Material(Average Pricing per Palette) 36 In.Avg O.C. 199 EA $12.10 $2,407.90 10% 4"Pot Plant Material(Average Priding per Palette) 18 In.Avg O.C. 266 EA $4.60 $1,223.60 30%Succulents 42561 SF Total Area 20% 15-Gal.Plant Material(Avg Pricing per Palette) 48 In.Avg O.C. 58 EA $102.30 $5,933.40 60% 5-Gal,Plant Material(Avg Pricing per Palette) 36 In.Avg O.C. 309 EA $26.60 $8,219.40 20% 1-Gal.Plant Material(Average Pricing per Palette) 24 In.Avg O.C. 232 EA $14.30 $3,317.60 Sodded Turfgrass 6,010 SF Sodded Turfgrass 6,010 SF $0.72 $4,327.20 Sodded Turfgrass 120 SF $0.72 $86.40 Shredded Composted Green Waste Mulch 15,202 SF 50 #Bag Rooster 5G 2 Bags $113,80 $227.60 2 "Deep Composted Green Waste Mulch 120 CY $53.70 $6,444.00 --------------------------------- LANDSCAPE PLANTING: $622,900.22 Average Unit Price per Square Foot: $29.37 PLANT ESTABLISHMENT., 3 Months Miscellaneous Fertilizers and Pesticides 1 LS $298,00 $298.00 Maintenance Labor and Equipment 1 LS $2,179.00 $2,179.00 --------------------------------- PLANT ESTABLISHMENT: $2,477.00 Average Unit Price per Square Foot:perMonth: $0.04 LIGHTING 8 ELECTRICAL: 16 Ft.Single-Head,Pole-Mounted LED Luminaire 12 EA $4,217,00 $50,604.00 Weatherproof GFI Convenience Outlet 10 EA $385,00 $3,850.00 2 EA In-Ground LED Tree Up-Light on Tipuana 20 EA $1,155,00 $23,100.00 2 EA Trunk-Mounted Upl Down Light on Palms 38 EA $1,633,00 $62,054.00 Recessed Mounted LED Niche Light at Steps 10 Ft.On-Center 72 EA $385.00 $27,681.50 110-V Conduit,Pull Boxes,Wire,and Switchgear` 1 LS $79,099,00 $79,099.00 'Primary service Drop by Others and Utility Point of Connection to within 50'orMain Panel LIGHTING& ELECTRICAL: $246,388.50 181 BrightView Landscape Development, Inc., December 15,2016 � 9 UPTOWN NEWPORT REVISED PRELIMINARY COST ESTIMATE Budget Budget Item Description Quantity Unit Price Extension VILLAGE PARK: 41,969 SF SUBTOTAL: $2,755,462.00 BOND COSTS: $27,555.00 SUBTOTAL: $2,783,017.00 CONTINGENCY: $83,491.00 VILLAGE PARK: [9] BrightView Landscape Development, Inc., December 15,2016 30 Attachment PC3 Exhibits of Private Recreational Areas 31 V� QP �P a r v Op 6 3 ¢ a �[ �= oil i Is ED io 0 09 0- Ll Y v u ♦ N � I�} r YYY z Y U w O O d 33 C y A t' Y 1 A o v O © © D C © O O r S `J --t 1 C ad I 71 1 �,CO•�t� I jI,LtJ- u• 0 `La � Il - I � 5 n s.— n -- u ® ' LJ 0 Y I t :1 3 Z � w K 0 J I m a a i x 1- O m 31 C y A t' Y 1 A o v O © © D C © O O r S `J --t 1 C ad I 71 1 �,CO•�t� I jI,LtJ- u• 0 `La � Il - I � 5 n s.— n -- u ® ' LJ 0 Y I t :1 3 Z � w K 0 J I m a a i x 1- O m 3.� V� QP �P 3C Attachment PC4 General Plan Service Area Maps 37 V� QP �P 3g a U v � � t „ z as o � 6 cgc � zw ¢ � - d U N o m C a E u, w UQcn > ao z w � z C r�i au UU15 s a ccc U (D �8 U N Q a ° ,All o w z o C df S P s�d N QO QI > o O ` IQ a` s ` 1 a e o Ea c o o $ > U m U 4 d .0 r Q LL fl 2 2 $ 0 3 � ¢ ¢ d a s c c O o c2, 7 . w � a � D pxw�gsweaawas cryred/66p1 4aeagaao anlozdSlJ/�V • • ; • qhOA • , I • •a • 'Wal • ' �` •.�e• 1 f 1 I • • r • Ue n • � Q • ` 1 Attachment PC5 Plan for Jamboree Road Frontage 41 V� QP �P Cu tin t to o. YUON d^IIO 1 9 potlmdry umOltlp 1 a• 1 N - C O q s a m - o y a 3 i Z O — N d O Q 3 a� c 3 0 a 2 a I.tla...N-Holm a p; m CL O ` B N o z 0 a 3 o o E O. � 3 V� QP �P Attachment PC6 Exhibits of Public Paseo open space 45 V� QP �P 0 a E m M O O �•G � C � a � 6 .� � J © © © © © a o a r a •�• • • alp •f �. O 6 Z �'. • • • • • • Z . O _ r i n � CJII r ow • • • E _ i i bl 2 Q n W N F Q R J� 1 e � a a E o¢o o m O Y l f t -� - � 3 11: a z .. a f- - s 0 N O 2 Y 1 J N II O E - m d' j,ai4j- 11.4. r Lr i c :l r offt ass : 3� ' •- a Y _ O �lj O �i 4 Planning Commission - January 19, 2017 Item No. 6a Additional Materials Received Uptown Newport Planned Community Park In-Lieu Fee Credits (PA2011-134) Jan. 19, 2017, Planning Commission Agenda Item Comments Comments on Newport Beach Planning Commission regular meeting agenda item submitted by: Jim Mosher( iimmosher(oo)yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 6 UPTOWN NEWPORT PLANNED COMMUNITY PARK IN- LIEU FEE CREDITS (PA2016-120) 1. This item involves a significant decision which City codes require to be supported by findings, so it seems unusual that no resolution has been provided to memorialize the Commission's possible decisions or its findings in support of them. Yet, surprisingly, a review of the Commission's current Rules of Procedures suggests there is no clear standard, at present, as to what decisions require formal resolutions and which do not. 2. The staff report is also unusual in that I am unable to find where it establishes the Commission's authority to make the requested decisions—which are themselves unusual for the Planning Commission as they involve financial questions related to public benefits or costs of a project. I thought the Commission normally defered the financial aspects of its approvals to the City Council. In addition, while Chapter 19.52 ("Park Dedications and Fees"), in Section 19.52.080 ("Credit for Private Recreational Facilities") of the NBMC (citing the Quimby Act, California Government Code Section 66477), places the decision, at least for the credit for private improvements, with "the tentative map decision making body," in the present case (PA2011-134) weren't the maps approved by the City Council (with only a recommendation from the PC)? And doesn't the Quimby Act refer throughout (and specifically in subsection "e" about credit for private improvements)to the "legislative body of a city or county," which I assume in our case is the City Council? 3. It might also be noted that while presented to the Planning Commission as part of a subdivision issue, this matter seems more fundamentally related to implementing what at the time NBMC Chapter 19.52 was written was the "Recreation and Open Space Element of the General Plan." But since 2006, the General Plan has not contained an element by that name. Whatever the correct title, I would venture that the Planning Commissioners are better versed in the Land Use Element, than in those related to recreation and open space (which seem more appropriately the province of the Parks, Beaches and Recreation Commission). Ironically, even within the 2006 General Plan (as quoted on handwritten page 10 of the present staff report), the Land Use Element erroneously refers to a "Parks and Recreation Element." So much for"internal consistency." 4. Of the specific credits requested: a. Regarding Recommendation 2, handwritten pages 1 and 7 of the staff report indicate the appropriate dollar amount depends on requested "clarifications." What the requested clarifications are about is not explained, and as of this writing (8 hours before the hearing) the promised conclusions regarding them are not yet available, meaning the Commission will be asked to make an "on the fly" decision based on last minute information. That is rarely a good thing. Planning Commission - January 19, 2017 Item No. 6a Additional Materials Received January 19, 2017, PC agUptvv#PrNOwpooI nedirCMA pity Park In-Liea9taCrZdits (PA2011-134) b. Regarding Recommendation 3, 1 am unable to understand the rationale for giving the developer the maximum 20% of costs credit allowed by NBMC Section 19.52.080. 1 do not claim to understand the reasoning behind that section, but it requires selection of a number between 0 and 20% based on "The degree to which the private recreational facilities reduce the burden on existing or proposed public park facilities serving the subdivision." I would assume that means getting the 20% credit requires 100% relief of the burden on public facilities. But the staff report (handwritten page 9) says the private facilities at Uptown Newport will not be enough to completely relieve the burden. Under those stated circumstances, I am unable to see how a full 20% can be justified. c. I am also puzzled by the reference on that same page to plans for "a Santa Ana Heights Community Park located near the existing YMCA on University Drive and a pocket park." Where are those plans? And I am puzzled by the references to the YMCA as if it were a "public facility." Isn't it private? d. Regarding Recommendation 4, 1 am not convinced everything claimed is open space that would truly be used by or benefit the public in general. 5. More generally, the Uptown Newport project bothers me as being a kind of moving target that never seems to be quite what it previously claimed to be. Since its approval in 2013, 1 seem to recall: a. The affordable housing component, which was used to justify bonus units, seems to have been deferred. b. The timing of the payment of public benefit fees has been deferred through amendments to the Development Agreement. c. There seems to have been an idea floated that part of the development might be a hotel, instead of what was approved. d. Although arguably better, the current plans showing a grand entryway off Jamboree flanked by elevated private swimming pools interconnected by a pedestrian bridge bear little resemblance I can detect to the plans approved by the Planning Commission during its Master Site Development Review (Item 2 on September 5, 2013). e. In parallel with the current request for park credits, the developer seems, per the notice regarding the City Council's January 24, 2017, meeting, to be asking for a blessing of its private financing to be issued as tax-free municipal bonds, which strikes many as odd since this is fundamentally a private, not public, project. Planning Commission - January 19, 2017 PO Item No. 6b Additional Materials Received o� @ Uptown Newport Planned Community Park In-Lieu, Fee, Credits (PA2011-134) } to 'f DEVELOPMENT DEPARTMLi F n 100 Civic Center Drive U ? Newport Beach,California 92660 949 644-3200 CgCfFORN�P newportbeachca.goy/communitydevelopment Memorandum To: Planning Commission From: James Campbell, Principal Planner Date: January 19, 2017 Re: Item No. 6 — Uptown Newport Park Fee Credit The applicant and staff request this item be removed from calendar. If you have any questions, please do not hesitate to contact me at 949-644-3210 or by email at icampbellCabnewportbeachca.gov. Thank you. Community Development Department Planning Commission - January 19, 2017 Item No. 6a Additional Materials Received Uptown Newport Planned Community Park In-Lieu Fee Credits (PA2011-134) Jan. 19, 2017, Planning Commission Agenda Item Comments Comments on Newport Beach Planning Commission regular meeting agenda item submitted by: Jim Mosher( iimmosher(oo)yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 6 UPTOWN NEWPORT PLANNED COMMUNITY PARK IN- LIEU FEE CREDITS (PA2016-120) 1. This item involves a significant decision which City codes require to be supported by findings, so it seems unusual that no resolution has been provided to memorialize the Commission's possible decisions or its findings in support of them. Yet, surprisingly, a review of the Commission's current Rules of Procedures suggests there is no clear standard, at present, as to what decisions require formal resolutions and which do not. 2. The staff report is also unusual in that I am unable to find where it establishes the Commission's authority to make the requested decisions—which are themselves unusual for the Planning Commission as they involve financial questions related to public benefits or costs of a project. I thought the Commission normally defered the financial aspects of its approvals to the City Council. In addition, while Chapter 19.52 ("Park Dedications and Fees"), in Section 19.52.080 ("Credit for Private Recreational Facilities") of the NBMC (citing the Quimby Act, California Government Code Section 66477), places the decision, at least for the credit for private improvements, with "the tentative map decision making body," in the present case (PA2011-134) weren't the maps approved by the City Council (with only a recommendation from the PC)? And doesn't the Quimby Act refer throughout (and specifically in subsection "e" about credit for private improvements)to the "legislative body of a city or county," which I assume in our case is the City Council? 3. It might also be noted that while presented to the Planning Commission as part of a subdivision issue, this matter seems more fundamentally related to implementing what at the time NBMC Chapter 19.52 was written was the "Recreation and Open Space Element of the General Plan." But since 2006, the General Plan has not contained an element by that name. Whatever the correct title, I would venture that the Planning Commissioners are better versed in the Land Use Element, than in those related to recreation and open space (which seem more appropriately the province of the Parks, Beaches and Recreation Commission). Ironically, even within the 2006 General Plan (as quoted on handwritten page 10 of the present staff report), the Land Use Element erroneously refers to a "Parks and Recreation Element." So much for"internal consistency." 4. Of the specific credits requested: a. Regarding Recommendation 2, handwritten pages 1 and 7 of the staff report indicate the appropriate dollar amount depends on requested "clarifications." What the requested clarifications are about is not explained, and as of this writing (8 hours before the hearing) the promised conclusions regarding them are not yet available, meaning the Commission will be asked to make an "on the fly" decision based on last minute information. That is rarely a good thing. Planning Commission - January 19, 2017 Item No. 6a Additional Materials Received January 19, 2017, PC agUptvv#PrNOwpooI nedirCMA pity Park In-Liea9taCrZdits (PA2011-134) b. Regarding Recommendation 3, 1 am unable to understand the rationale for giving the developer the maximum 20% of costs credit allowed by NBMC Section 19.52.080. 1 do not claim to understand the reasoning behind that section, but it requires selection of a number between 0 and 20% based on "The degree to which the private recreational facilities reduce the burden on existing or proposed public park facilities serving the subdivision." I would assume that means getting the 20% credit requires 100% relief of the burden on public facilities. But the staff report (handwritten page 9) says the private facilities at Uptown Newport will not be enough to completely relieve the burden. Under those stated circumstances, I am unable to see how a full 20% can be justified. c. I am also puzzled by the reference on that same page to plans for "a Santa Ana Heights Community Park located near the existing YMCA on University Drive and a pocket park." Where are those plans? And I am puzzled by the references to the YMCA as if it were a "public facility." Isn't it private? d. Regarding Recommendation 4, 1 am not convinced everything claimed is open space that would truly be used by or benefit the public in general. 5. More generally, the Uptown Newport project bothers me as being a kind of moving target that never seems to be quite what it previously claimed to be. Since its approval in 2013, 1 seem to recall: a. The affordable housing component, which was used to justify bonus units, seems to have been deferred. b. The timing of the payment of public benefit fees has been deferred through amendments to the Development Agreement. c. There seems to have been an idea floated that part of the development might be a hotel, instead of what was approved. d. Although arguably better, the current plans showing a grand entryway off Jamboree flanked by elevated private swimming pools interconnected by a pedestrian bridge bear little resemblance I can detect to the plans approved by the Planning Commission during its Master Site Development Review (Item 2 on September 5, 2013). e. In parallel with the current request for park credits, the developer seems, per the notice regarding the City Council's January 24, 2017, meeting, to be asking for a blessing of its private financing to be issued as tax-free municipal bonds, which strikes many as odd since this is fundamentally a private, not public, project. Planning Commission - January 19, 2017 PO Item No. 6b Additional Materials Received o� @ Uptown Newport Planned Community Park In-Lieu, Fee, Credits (PA2011-134) } to 'f DEVELOPMENT DEPARTMLi F n 100 Civic Center Drive U ? Newport Beach,California 92660 949 644-3200 CgCfFORN�P newportbeachca.goy/communitydevelopment Memorandum To: Planning Commission From: James Campbell, Principal Planner Date: January 19, 2017 Re: Item No. 6 — Uptown Newport Park Fee Credit The applicant and staff request this item be removed from calendar. If you have any questions, please do not hesitate to contact me at 949-644-3210 or by email at icampbellCabnewportbeachca.gov. Thank you. Community Development Department