HomeMy WebLinkAbout2006-91 - Koll Center - PA 2006-095RESOLUTION NO. 2006 -91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ADOPTING MITIGATED NEGATIVE DECLARATION (SCH NO. 2006 - 081039)
AND APPROVING GENERAL PLAN AMENDMENT NO. 2006 -003 TO
INCREASE THE DEVELOPMENT ALLOCATION OF KOLL CENTER
NEWPORT OFFICE SITE A OF AIRPORT AREA (STATISTICAL AREA L4) BY
24,016 GROSS SQUARE FEET (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 Sub -Area 1 -1 (Office Site A) of the Airport Area (Statistical Area L4) by 24,016
square feet and an amendment to the Koll Center Newport Planned Community (PC -15) 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. The aplications are requested 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
WHEREAS, a public hearing was held by the Newport Beach City Council on October 10,
2006 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 (Sub -Area 1 -1). 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 the estimated growth
table within 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 (Sub -Area 1 -2). 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 the estimated growth table within 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 1988 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 Pacific Club. This
un -built floor area was authorized prior to the original adoption of the 1988 Land Use Element.
The 1988 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 General Plan provides for a sufficient diversity of land uses so that
schools, employment, recreation areas, public facilities, churches and neighborhood shopping
centers are in close proximity to each resident of the community. The proposed project would
increase the development allocation in Office Area A by 24,016 square feet; however, only a
total of 21,311 square feet would be used for the construction of the new office building to be
occupied by the Koll Company. The remaining un -built square footage of 2,705 would be
reserved for future office development within Office Area A. Although the proposed
amendment to the Koll Center Newport Planned Community eliminates a potential small retail
site (10,000 square feet) and two potential restaurant sites (totaling 14,000 square feet), the
Planned Community allows unused floor area allocated for these uses to be converted to
professional and business office use (Section Group V - Restaurants). The project is
consistent with this policy as the change of uses does not significantly alter the character of
the area and the resulting office development is consistent with the surrounding uses and with
the Land Use Designation of the Land Use Element; and,
WHEREAS, the Land Use Element of the General Plan allows for the redevelopment of
older or underutilized properties to preserve the value of property by allowing for some modest
growth, while maintaining acceptable levels of traffic service. The project consists of an
increase of 24,016 square feet for office development. The proposed development is
anticipated to generate less than 300 daily trips and therefore, does not require the
preparation of a traffic analysis pursuant to the City's Traffic Phasing Ordinance; and,
therefore is consistent with Policy B; and,
WHEREAS, the City's General Plan indicates that the City shall maintain suitable and
adequate standards for landscaping, sign control, site and building design, parking and
undergrounding of utilities to ensure that the quality character of residential neighborhoods are
maintained and that commercial and office projects are aesthetically pleasing and compatible
with surrounding land uses. The City implements this policy through the Koll Center Planned
Community Text. The project is designed to meet all applicable development standards
contained within. The proposed building height, size, and, architectural design of the project
will be physically compatible with the existing and surrounding professional office and
commercial developments; 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; and,
WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been
prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA
Guidelines; and, City Council Policy K -3. The Draft MND was circulated for public comment
between August 4 and September 5, 2005. Comments were received from Orange County
Airport Land Use Commission, City of Irvine, and California Cultural Resource Preservation
Alliance, Inc. The contents of the environmental document, including comments on the
document, have been considered in the various decisions on this project; and,
WHEREAS, on the basis of the entire environmental review record, the proposed
project will have a less than significant impact upon the environment and there are no known
substantial adverse affects on human beings that would be caused. Additionally, there are no
long -term environmental goals that would be compromised by the project, nor cumulative
impacts anticipated in connection with the project. The mitigation measures identified and
incorporated in the Mitigation Monitoring and Reporting Program are feasible and reduce
potential environmental impacts to a less than significant level.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach
does hereby adopt Mitigated Negative Declaration (SCH NO. 2006 - 081039) including the
Mitigation Monitoring and Report Program; and approve General Plan Amendment No. 2006-
003 by amending the Land Use Element, Statistical Area L4, KCN -Office Site A, and the
Estimated Growth for Statistical Area L4 Table of the General Plan as depicted in Exhibit "A"
and subject to the standard code requirements listed in Exhibit "B ".
This resolution shall take effect immediately upon adoption. Passed and adopted by the City
Council of Newport Beach at a regular meeting held on the October 10, 2006 by the following
vote to wit:
.Curry, Selich, Rosansky,
AYES, COUNCIL MEMBERS Ridgeway, Daigle, Nichols, Mayor Webb
NOES, COUNCIL MEMBERS None
ABSENT, COUNCIL MEMBERS None
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ATTEST:
MAYOR
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Exhibit "A"
The following changes should be made to the Land Use Element and all other provisions of the
Land Use Element shall remain unchanged:
Airport Area (Statistical Area L4)
1 -1. KCN Office Site A. This site is designated for Administrative, Professional and Financial
Commercial land use and is allowed 436,079 460,095 sq. ft. plus 471 hotel rooms.
[GPA97- 3(E)][GP 2006 -0031.
1 -2 KCN Office Site B. This site is designated for Administrative, Professional and Financial
Commercial land use and is allowed 1,060,998 1,060,146 square feet)[GP 2006 -003].
Support retail commercial uses are allowed within this allocation.
ESTIMATED GROWTH FOR STATISTICAL AREA L4
Residential (in du's)
Commercial (in sq. ft.)
Existing
Gen. Plan
Projected
Existing
Gen. Plan
Projected
01/01/1987
Projection
Growth
01/01/1987
Projection
Growth
1 -1.
KCN OS A
0
0
0
* ** 780,223
84,486
834,201
29,962
53,978
1 -2.
KCN OS B
0
0
0
4,060,898
* * ** 1,060,146
1,O62,649
1,060,146
4-,7-99
0
1 -3.
KCN OS C
0
0
0
734,641
734,641
0
1 -4.
KCN OS D
0
0
0
250,176
250,176
0
1 -5.
KCN OS E
0
0
0
27,150
32,500
5,350
1 -6.
KCN OS F
0
0
0
31,816
34,500
2,684
1 -7.
KCN OS G
0
0
0
81,372
81,372
0
1 -8.
KCN OS 1
0
0
0
377,520
442,775
65,255
1 -9.
KCN RS 1
0
0
0
52,086
120,000
67,914
1-
Court
10.
House
0
0
0
69,256
90,000
20,744
2 -1.
NP BILK A
0
0
0
349,000
380,362
31,362
2 -2.
NPBLK B
0
0
0
10,150
11,950
1,800
2 -3.
NP BILK C
0
0
0
211,487
457,880
246,393
2 -4.
NP BILK D
0
0
0
274,300
288,264
13,964
2 -5.
NP BILK E
0
0
0
834,762
860,884
26,122
2 -6.
NP BILK F
0
0
0
225,864
228,214
2,350
NP BLK G &
2 -7.
H
0
0
0
* 342,641
344,231
1,590
2 -8.
NP BILK 1
0
0
0
99,538
378,713
279,175
2 -9.
NP BLK J
0
0
0
** 203,528
228,530
25,002
Campus
3
Drive
0
0
0
885,202
1,261,727
376,525
TOTAL
0
0
0
6- 901,6x0
6,900,858
8,099,552 2
8,121,066
49T�942
1,220,208
Revised
Population
0
0
0
09/07/2006
* ** *Existing
Existing square footage as of
* *Existing as
of 05/24/2005
as of
*
01/22/2002
** *Existing as of 06/22/2006
09/07/2006
Exhibit "B"
STANDARD CODE REQUIREMENTS
1. The project is subject to all applicable City ordinances, policies; and, standards, unless
specifically waived or modified by the conditions of approval.
2. The development shall be in substantial conformance with the approved site plan and floor
plans dated July 27, 2006 (except as modified by applicable conditions of approval).
3. This approval was based on the particulars of the individual case and does not in and of
itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
4. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code. The construction plans must meet all applicable
State Disabilities Access requirements.
5. The parking level shall have 8 feet 2 inches clear ceiling height.
6. The elevator shall not open to the stair enclosure.
7. The stairs shall have one -hour enclosure.
8. A preliminary code review is recommended.
9. The parking lot layout and the subterranean parking area shall comply with the City
Standard Plans STD - 805 -L -A and STD - 805 -L -B; and, shall be reviewed and approved by
the City Traffic Engineer.
10. The ramp slope to the subterranean parking shall comply with City Standard Plan STD -
160-L-C.
11. Drive aisle leading into the subterranean parking area shall be a minimum of 26 feet wide.
12. The final on -site parking, vehicular and pedestrian circulation systems shall be reviewed
and approved by the City Traffic Engineer.
13. The mechanical equipment shall not impact the required parking stalls or drive aisle
dimensions.
14. No above ground permanent improvements shall be built within the limits of the existing
utilities and pedestrian easements adjacent to the property frontage, along the MacArthur
Boulevard.
15. The applicant shall submit a detail drainage plan to show how the storm runoff that travels
down the driveway ramp will be discharged in a timely manner so as to prevent the
underground garage from being flooded from raining.
16. All improvements shall be constructed per the Public Works Department standards.
Additional public works improvements may be required at the discretion of the Public
Works Department.
17. An ADA compliant curb access ramp shall be constructed at each of the MacArthur
Boulevard curb returns, at the entrance to the shared service driveway.
18. All above ground utilities shall be located outside the sight distance planes per City
Standard Plan STD - 110 -L.
19. A construction traffic control plan shall be approved by the City prior to the issuance of the
encroachment permit. Said plan shall be wet sealed, signed and dated by a California
Registered Traffic Engineer.
20. Elevator shall be gurney accommodating in accordance with Chapter 30 of the California
Building Code, 2001 Edition. Interior cab dimensions shall be a minimum of 54 inch by 80
inch.
21. The building shall be provided with an automatic fire sprinkler system.
22. The sprinkler system shall be monitored.
23. Approved numbers or addresses shall be placed on all new and existing buildings in such
a position that is plainly visible and legible from the street or road fronting the property.
Said numbers shall be of non - combustible materials and contrast with their background
and shall be either internally or externally illuminated by a photo cell to visible at night. The
numbers shall be no less than six inches in height with a one -inch stroke.
24. The parking garage gate shall be strobe and knox key switch.
25. The building shall be provided with a knox box.
26. A Fire Department connection shall be located within 150 feet if a fire hydrant.
27. The building plans shall specify the occupancy classification.
28. Prior to issuance of building permit, the applicant shall submit a landscape and irrigation
plan prepared by a licensed landscape architect or licensed architect for on -site and any
adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings
and water efficient irrigation practices. The landscape plans shall be approved by the
Planning Director prior to the issuance of a building permit. All planting areas shall be
provided with a permanent underground automatic sprinkler irrigation system of a design
suitable for the type and arrangement of the plant materials selected. The irrigation
system shall be adjustable based upon either a signal from a satellite or an on -site
moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a
continuous concrete curb or similar permanent barrier. Landscaping shall be located so
as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer.
29. All landscape materials and landscaped areas shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs; and, cleaning as part of
regular maintenance.
30. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets; and, shall be sound attenuated in accordance with Chapter
10.26 of the Newport Beach Municipal Code, Community Noise Control.
31. Prior to the issuance of a building Permit or within 30 days of receiving a final notification
of costs, the applicant shall be responsible for the payment of all administrative costs
identified by the Planning Department.
32. The construction and equipment staging area shall be located in the least visually
prominent area on the site and shall be properly maintained and /or screened to minimize
potential unsightly conditions.
33. A six -foot high screen and security fence shall be placed around the construction site
during construction.
34. Construction equipment and materials shall be properly stored on the site when not in
use.
3
STATE OF CALIFORNIA
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
E
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
E
hereby certify that the whole number of members of the City Council is seven; that the foregoing E
resolution, being Resolution No. 2006 -91 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 October 2006, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Curry, 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 October 2006.
(Seal)
City Clerk
Newport Beach, California
I