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Home My WebLink About2017-23 - Approving Park In-Lieu Fee Credits for the Uptown Newport Project (PA2011-134)RESOLUTION NO. 2017-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING PARK IN -LIEU FEE CREDITS FOR THE UPTOWN NEWPORT PROJECT (PA2011-134) WHEREAS, on February 26, 2013, the City Council certified the Uptown Newport Final Environmental Impact Report No. ER2012-001 (SCH No. 2010051094) (EIR) and approved the Uptown Newport Planned Community consisting of a Planned Community Development Plan, Tentative Tract Map, Traffic Study, Affordable Housing Implementation Plan, and a Development Agreement; WHEREAS, Newport Beach Municipal Code (NBMC) Chapter 19.52 and the Uptown Newport Development Agreement (DA) requires the Uptown Newport project to dedicate 13.62 acres of parkland to the City based upon a prescribed formula. Fees may be paid in -lieu of the dedication of parkland based upon the adopted value of parkland; WHEREAS, the Uptown Newport Planned Community Development Plan (PCDP) and DA require the developer to dedicate and improve two, minimum one -acre public parks. One park is required in each major phase of development; WHEREAS, the DA requires the payment of fees in -lieu of parkland dedication for the remaining required parkland acreage not dedicated (park in -lieu fees); WHEREAS, NBMC Section 19.52.030(B) and Section 3.2.1.1 of the Uptown Newport Development Agreement provide a credit to park in -lieu fees for the cost to design, engineer, and construct the park and related improvements; WHEREAS, the cost to design, engineer, and construct the one acre park and related improvements has been estimated by the park designer and contractor BrightView Landscape Development and Shopoff Realty Investments to be $2,960,085. Community Development Department staff has independently reviewed and verified the estimated costs; WHEREAS, General Plan Policy LU 6.15.16 and Section 3.2.1.ii of the Uptown Newport Development Agreement provide a credit to park in -lieu fees from zero to thirty percent of fees for the provision of public recreational open space that 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; WHEREAS, the developer is providing two public open space areas within a portion of Phase 1 that meet the minimum criteria of General Plan Policy LU 6.15.16 that total 0.8707 acres. The value of eligible acreage is $2,500,000 per acre; Resolution No. 2017-23 Page 2 of 5 WHEREAS, NBMC Section 19.52.080 and Section 3.2.1.iii of the Uptown Newport Development Agreement provide a credit to park in -lieu fees from zero to twenty percent of fees for private recreational amenities that is subject to the following findings: 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 F. 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. Resolution No. 2017-23 Page 3 of 5 A covenant ensuring the availability of the described recreational amenities will be recorded prior to occupancy of the buildings; WHEREAS, NBMC Section 19.52.080 also requires the City to consider the following criteria to determine the amount of a credit for private recreational amenities: 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 G). 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 pickleball 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. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby approve a park in -lieu fee credit in the amount of $2,960,085 for costs associated with the improvement of a one acre public park within Phase 1 of the Uptown Newport Planned Community pursuant to NBMC Section 19.52.030(8) and Section 3.2.1.i of the Uptown Newport Development Agreement. Resolution No. 2017-23 Page 4 of 5 Section 2: The City Council does hereby approve a park in -lieu fee credit in the amount of $2,176,750 based upon the provision of 0.8707 acres of publically accessible open space consistent with the criteria provided in General Plan Policy LU 6.15.16 at $2,500,000 per acre within a portion of Phase 1 of the Uptown Newport Planned Community pursuant to General Plan Policy LU 6.15.16 and Section 3.2.1.ii of the Uptown Newport Development Agreement. Section 3: The City Council does hereby approve a park in -lieu fee credit in the amount of $2,008,130.39 for private recreational amenities provided within Lot 3 of Tract 17763 pursuant to NBMC Section 19.52.080 and Section 3.2.1.iii of the Uptown Newport Development Agreement. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: All significant environmental effects of the construction of the Uptown Newport Planned Community were adequately addressed in the previously certified Environmental Impact Report No. ER2012-001 (SCH No. 2010051094) (EIR). 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. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 11th day of April, 2017. ATTEST: FA I�..�/ fes✓ i APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ,— C Aaron C. Harp City Attorney Resolution No. 2017-23 Page 5 of 5 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Jennifer Nelson, Assistant 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. 2017-23 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 11th day of April, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 121h day of April, 2017. Jennifer elson Assist t City Jerk Newport Beach, California (Seal)