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RESOLUTION NO. 2008-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DETERMINING THAT THE
AIRPORT BUSINESS AREA INTEGRATED CONCEPTUAL
DEVELOPMENT PLAN IS CONSISTENT WITH THE GENERAL
PLAN AND RECOMMENDING APPROVAL TO THE CITY
COUNCIL (PA2007 -170 & PA2008 -063)
WHEREAS, The Koll Company and Conexant have filed applications with respect to
their properties located within a portion of the Airport Area that is generally bounded by
MacArthur Boulevard, Jamboree Road and Birch Street.; and
WHEREAS, the applications seek approval of an Integrated Conceptual Development
Plan (Plan) for the Airport Area that will implement certain General Plan Land Use policies; and
WHEREAS, a public hearing was held on November 20, 2008, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the Planning
Commission considered the Airport Business Area Integrated Conceptual Development Plan. 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, including the evidence and arguments submitted by the City
staff, The Koll Company, Conexant, and all interested parties; and
WHEREAS, the Planning Commission has reviewed and considered the information in
the Plan and in the full administrative record, including the General Plan, before taking any
action recommending approval of the Plan; and
WHEREAS, the Planning Commission finds that:
1. The Plan will ensure compatible and cohesive integration of new housing, parking
structures, open spaces, recreational amenities, pedestrian and vehicular linkages,
and other improvements with the existing non - residential structures and uses.
2. The Plan is consistent with the General Plan, specifically Policy LU6.15.11, which
requires the preparation of a Conceptual Development Plan prior to developing
residential uses in the Airport Area. Approval of the Conceptual Design Plan as
development of any specific number of additive or replacement units. Rather, he
Conceptual Development Plan is alsemerely a required prerequisite for the preparation
of entitlement documents, required by the General Plan. These documents include a
Regulatory Plan and a Development Agreement. Subsequent to City Council approval
of the Conceptual Development Plan, each property owner will be responsible to
independently prepare and submit to the City the proposed Regulatory Plan for their
property. The Regulatory Plans will be subject to an environmental and public review
process as required by the City and any additive or replacement units which may
eventually be approved will be fully analyzed as part of the environmental review
process. -
Planning Commission Resolution No. 2008 -
Paae 2 of 4
3. The Plan complies with the General Plan Land Use Plan and implements policies of
the General Plan, including policies with regard to residential village size, density of
residential development and neighborhood parks.
4. The General Plan EIR (Screencheck No. 2006011119), certified by the Newport Beach
City Council on July 25, 2006, adequately addressed the potential environmental
impacts at build -out of the General Plan, inclusive of the Airport Area. The General
Plan figures and policies contained in Section 6.15 of the Land Use Element establish
the criteria for location, size, density, land use types, public and private open space
and implementation process, all of which were all of which were evaluated in the
General Plan EIR. The General Plan requires the preparation of a conceptual
development plan prior to development of residential uses. on speck properties in the
Airport Area (LU 6.15.11). The proposed Plan complies with this policy and does not
propose any changes in the authorized development policies in the General Plan
Development Plan.
Therefore, approval of the Integrated Conceptual Development Plan is exempt from
environmental review under Public Resources Code Section 21083.3. T e City as
determined on the basis of sub ntial evidence in t e light of the whol recor that
the Plan es not proposed ny substantial chan s to the Airport ea th were
contempt ed in the Gener Plan; no substantial hanges would occ r whi would
require r visions to the Herat Plan EIR due the involvement new gnificant
environ en effects or substantial increas in the severity of pr viousl identified
signifi nt effects; an no new informatio of substantial im rtanc has been
reve d since the ce ification of the Gener Plan EIR.
NOW THEREFORV BE IT RESOLVED/that the Planning Commission determines that
the proposed Airport Bu iness Area Integr d Conceptual Development Plan is consistent
with the General Plan p licies and recommends approval of the Plan (Exhibit "A ") to the City
Council.
PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF NOVEMBER, 2008
W
NOES:
EXCUSED:
BY:
Scott Peotter, Chairman
MI
3'11
Barry Eaton, Secretary
Planning Commission Resolution No. 2008 -
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manatt
manatt I Phelps I phsups
November 18, 2008
BY EMAIL AND OVERNIGHT COURIER
The Planning Commission of the
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658 -8915
Re: Airport Area Conceptual Development Plan
Ladies and Gentlemen:
Tom Muller
NWnatt, Phelps & Phillips, LLP
Direct Dial: (310) 312 -4iT1
E -mail: TWIler®manan.co►n
We represent Conexant Systems, Inc., owner of a twenty -five acre industrial site in the
Airport Triangle area that is currently being planned for redevelopment for residential use.
Pursuant to the General Plan Update adopted in 2006 (Section LU 6.15.11), residential
development in this area requires the development of a "conceptual development plan" intended
to provide general guidelines to integrate residential and commercial development in the area
bounded by Jamboree Road, MacArthur Boulevard and Birch Street, which includes Conexant's
property.
The GPU permits replacement of existing commercial and industrial uses in the Airport
Triangle area with residential uses, on a trip - neutral basis, and also permits an additional 550
residential units in the conceptual development plan area. The GPU does not allocate the
additional 550 units among the various property owners in the area, and so City staff and
interested property owners have attempted to do so in the course of developing the required
conceptual development plan.
In early 2008, Conexant and KCN A Management Co., a Koll company, each submitted
proposed conceptual development plans for the entire Airport Triangle area. In May, the City
retained ROMA Design Group to evaluate the two plans and combine them into a joint plan.
In September, ROMA released a draft report on the conceptual development plans. The
ROMA report acknowledged that the proposed Conexant development complied very well with
the GPU, but that the plan for the Koll site did not comply with either the intent or the clear
requirements of the GPU. As a result, ROMA was requested to attempt to find some way to
devise a plan for residential development on the difficult Koll site in a way that could comply
with the explicit requirements of the GPU.
11355 West Olympic Boulevard, Los Angeles, California 901164.1614 Telephone: 310.312.4000 Fax 310.312.4224
Albany I Los Angeles I New York I Orange County I Palo Alto I Sacramento I San Francisco I Washington, D.C.
manatt
manaa1phopsIpMrlps
The Planning Commission of the City of Newport Beach
November 18, 2008
Page 2
On November 0, ROMA released its joint conceptual development plan, which included
its plan for the Koll site.
The final ROMA plan allocated 300 of the 550 additional units to the Conexant site, and
up to 250 to the Koll site. This allocation was based on the maximum capacity of the respective
development sites, at the GPU's maximum density of 50 units per acre.
In its final report, ROMA determined that, based on the conceptual plan, Conexant will
have 14.48 net acres of developable land, for a total of 724 residential units at 50 units per acre.
Since Conexant can build 424 units as trip - neutral replacement of the existing industrial uses,
300 additional units could be and were allocated to the Conexant site. While we believe that the
14.48 net acre calculation (on our 25 acre site) is unduly conservative, we were willing to accept
that calculation if it yielded no less than 724 total units.
On the Koll site, ROMA's final report creatively assembled a residential site that
arguably conforms to the GPU by incorporating a nearby parcel owned by Cornerstone Partners.
Based on the five net residential acres included within that site, the ROMA report allocates a
maximum of 250 residential units at 50 units per acre.
In general, Conexant was pleased with the ROMA plan and voiced its desire to have it
approved promptly so that we could turn our efforts to the next step in the entitlement process, a
detailed "regulatory plan " — analogous to a specific plan — providing detailed regulation for
development of the Conexant site.
To our surprise, we learned late last week that after the final ROMA report was released,
representatives of Koll had lobbied City staff to "reserve" from Conexant's allocation twenty -six
units, and that the version of the ROMA report submitted to the Commission has been so revised.
This is entirely inappropriate. As the City's independent consultant has confirmed, the
proposed Conexant development does a very good job of implementing the intent, and following
the explicit requirements, of the GPU. In contrast, the Koll site has no contiguous acreage that
can comply with the GPU's requirements or intent. Only by "borrowing" a nearby office
building owned by someone else could any arguably complying proposal be created.
Any rational allocation of these additional units would favor —not penalize —the only site
that strongly complies with both the requirements and the intent of the GPU on its own; if any
"reservation" of units is desirable, they should be reserved from the Koll site, not Conexant's.
We urge the Commission to restore the twenty -sfx "reserved" units to the Conexant site.
The ROMA report also suggests that a deadline of some sort be imposed on use of the
allocated units, which, if missed, would result in possible re- allocation of unused units. While
The Planning Commission of the City of Newport Beach
November 1.8, 2008
Page 3
We believe this could be appropriate in some circumstances; in fight of current financial and real
estate market conditions, we suggest that deadlines, if any, be imposed as part of the required
regulatory plans, not as part of the conceptual plan before you now.
We appreciate your consideration of our project and our requested al location of 300
additive units to the Conexant site, and with such restored allocation Conexant is prepared to
support the -ROMA joint conceptual plan. n
TM:hs
cc: Members of the Commission
Sharon Wood, Assistant City Manager
.lake Cisneros
Geoff 1..ePlastrier
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