HomeMy WebLinkAbout2006-3 - Corporate Plaza West - PA2005-042RESOLUTION NO. 2006- 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE
DECLARATION, APPROVING THE TRANSFER OF
DEVELOPEMNT ALLOCATION WITHIN NEWPORT
CENTER, AND APPROVING TRAFFIC STUDY NO. 2005-
004 FOR PROPERTIES LOCATED AT 1200 -1400
NEWPORT CENTER DRIVE (CORPORATE PLAZA WEST)
AND 101 -1199 NEWPORT CENTER ROAD (FASHION
ISLAND) (PA2005 -042).
WHEREAS, an application was filed by The Irvine Company, with respect to
property located at 101 -1199 Newport Center Road (Fashion Island) legally described as
Lots 30 - 36 of PM 221, and 1200 -1400 Newport Center Drive (Corporate Plaza West),
legally described as Parcels 1, 2, 3 and 4 of Parcel Map No. 94 -102, requesting the
transfer of development allocation of 44,688 gross square feet of unused retail commercial
floor area from Fashion Island to Corporate Plaza West for general office purposes, and
approval of a traffic study pursuant to the Traffic Phasing Ordinance in order to construct a
new 42,012 square -foot office building within Corporate Plaza West.
WHEREAS, the Planning Commission held a public hearing on November 17,
2005 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California. A notice of time, place and purpose of the aforesaid meeting was given. After
considering the evidence and testimony, both written and oral, the Planning Commission
adopted a resolution recommending that the City Council approve the project.
WHEREAS, a public hearing was held on January 10, 2006 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the aforesaid meeting was given. Evidence, both written and oral, was
presented to and considered by the City Council at this meeting.
WHEREAS, the Land Use Element of the General Plan provides within the
Newport Center Planned Community (Statistical Area L1) that transfers of development
rights are permitted within the Statistical Area, provided that findings are made that the
transfer is consistent with the General Plan and will not result in any adverse traffic
impacts.
WHEREAS, the applicant proposes the construction of a professional office
building at the recipient (Corporate Plaza West) and Land Use Element of the General
Plan designates the site Administrative, Professional & Financial Commercial. The
proposed construction and use resulting from the transfer of development allocation is
consistent with this designation. The reduction of retail commercial development
allocation at Fashion Island does not impact the ability to develop Fashion Island in
accordance with the General Plan.
WHEREAS, the proposed transfer is consistent with the general development
policies of the General Plan as follows:
1. General Plan Policy B, in that the proposed transfer of development rights
will not result in significant changes to long range traffic service levels;
2. General Plan Policy C, in that adequate on -site parking will be provided for
Corporate Plaza West for the proposed new office building and other
existing uses within the Planned Community;
3. General Plan Policy D, in that the project will not result in restriction to public
views and will not result in adverse impacts to sensitive habitat;
4. General Plan Policy F, in that the project is consistent with the Zoning Code
land uses and development standards for the district within which the project
is proposed; and
5. General Plan Policy L, in that the proposed project will not result in adverse
impacts to area -wide and City -wide prosperity, and will provide additional
office space in an area designated for such use.
WHEREAS, a traffic analysis has been completed by Austin -Foust Associates,
dated August, 2005, that demonstrates that the proposed transfer of development rights
will not result in adverse impacts, and will improve the overall traffic circulation within the
general area of the proposed project. Specifically, the City Council makes the following
findings with respect to the traffic analysis:
1. The traffic analysis was prepared in compliance with Chapter 15.40 of the
Municipal Code (Traffic Phasing Ordinance).
2. The traffic analysis considered the transfer of development allocation
consisting of 45,119 square feet of unused retail space from Fashion Island,
and the traffic impacts of the transfer as well as the traffic impacts of the
proposed new 42,012 square feet of commercial office space. Further, the
actual amount of development allocation being transferred is actually 44,688
square feet and represents less impact than the amount of space evaluated
by the traffic study.
3. The traffic analysis indicates that the project, including the transfer of
development rights, will result in a net decrease in average daily trips and
will not increase traffic at five (5) of the ten (10) primary intersections by one
percent (1 %) and therefore no impact is predicted.
4. The Intersection Capacity Utilization Analysis determined that the project will
not cause nor make worse an unsatisfactory level of service at any of the
five (5) primary intersections where there will be an increase of more than
one percent (1 %) in traffic volume and, therefore no mitigation is required.
5. Construction of the project will be completed within sixty (60) months of the
approval of the Planned Community Amendment approval by the City
Council or the approval of a new traffic study will be required.
WHEREAS, the proposed office building is consistent with the development
standards of the Zoning regulations of the Municipal Code and the Corporate Plaza West
Planned Community, including building setbacks, building height, landscaping and
parking.
WHEREAS, the proposed office building will be consistent and compatible with
the existing land uses in the vicinity and will not be detrimental to the public health,
safety, peace, comfort, or welfare of persons residing or working in or adjacent to the
neighborhood of such use; and will not be detrimental to the properties or improvements
in the vicinity or to the general welfare of the City in that the proposed use is compatible
with surrounding land uses, has no adverse impacts on area traffic, provides sufficient
parking, does not block public views or access to the coastline and other significant
man -made and natural features, and the project will provide landscaping and screening.
WHEREAS, an Initial Study was prepared in accordance with the Guidelines of
the California Environmental Quality Act (CEQA). Based on that Initial Study, it was
determined that the project would require a Mitigated Negative Declaration (MND), said
MND having been prepared, noticed, posted and circulated in accordance with the
provisions of CEQA. A thirty day public review period commenced on October 14, 2005
and ended on November 14, 2005, and the Planning Commission conducted a public
hearing on November 17, 2005 and considered the MND and Mitigation Measures. And
further, a noticed public hearing was conducted on January 10, 2006 where the MND
and Mitigation Measures were considered by the City Council and where any interested
party had the opportunity to comment on the documents. No comments related to the
adequacy of the MND were received. The Mitigation Measures contained within the
MND having been incorporated into conditions of approval.
NOW, THEREFORE BE IT RESOLVED:
The City Council of the City of Newport Beach hereby approves the adoption of the
Mitigated Negative Declaration for the Corporate Plaza West Phase 2 project, the transfer
of up to 44,688 square feet of floor area allocation from Fashion Island to Corporate Plaza
West through an amendment to the Fashion Island and Corporate Plaza West Planned
Community Development Plans and Traffic Study No. 2005 -004, subject to the conditions
set forth in Exhibit "A ".
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved plans
dated November 10, 2005.
2. The applicant shall prepare a parking management plan that identifies the location
where all tenants within the Corporate Plaza West Planned Community will be
required to park. The location of tenant parking shall be so identified to provide
convenient parking and avoid parking conflicts resulting from the distribution and
location of parking spaces. The parking management plan shall include the method
by which private enforcement of the parking restrictions shall be implemented. The
parking management plan shall be subject to the review and approval of the
Planning Department and City Traffic Engineer prior to the issuance of occupancy
permits and once the plan is approved, the plan shall be implemented indefinitely or
until such time that it is deemed unnecessary by the City.
3. Signage for the proposed office building shall be in full compliance with the
standards outlined within the Corporate Plaza Planned Community Text;
specifically, the proposed wall signs shall not exceed a maximum of two per
building elevation, and shall not exceed letter heights of 24 inches for a primary
tenant and 16 inches for a secondary tenant.
4. The maximum permitted square footage by this approval is for 42,012 square feet
of office building, and that the total square footage for transfer from Fashion Island
shall be 45,119 square feet.
5. Pursuant to the Traffic Phasing Ordinance, construction of the proposed office
building shall be completed no more than 60 months from the date of final approval
by the City Council of the Planned Community Amendment No. 2005 -001 and
Traffic Study No. 2005 -04.
6. The project site shall include a landscaping plan consisting of trees and shrubs
designed to complement the building architecture, surrounding landscaping, and
screen parking areas and above - ground utilities such as electrical meters, stand
pipes and utility vaults.
7. All exterior lighting, including both parking lot standards and building- mounted
security lighting, shall be equipped with shields designed to restrict light and glare
to the project site and to avoid any light spillage to surrounding properties and uses.
8. During grading activities, any exposed soil areas shall be watered twice per day.
On windy days or when fugitive dust can be observed leaving the proposed
project site, additional applications of water shall be applied to maintain a
minimum 12 percent moisture content as defined by SCAQMD Rule 403. Under
windy conditions where velocities are forecast to exceed 25 miles per hour, all
ground disturbing activities shall be halted until winds that are forecast to abate
below this threshold. In addition, the project shall comply with all provisions of
SCAQMD Rules 402 and 403.
9. Where vehicles leave the construction site and enter adjacent public streets, the
streets shall be swept daily or washed down at the end of the work day or
otherwise washed within 30 minutes of any tracking extending for more than fifty
feet from the project site access point. Any required watering shall meet the
requirements of the Santa Ana Regional Water Quality Control Board
(SARWQCB).
10. The construction contractor shall utilize electric or natural gas - powered
equipment instead of gasoline or diesel - powered engines where feasible. If
LPG /CNG equipment is available at comparable cost, the applicant shall specify
the use of such equipment during the construction phase. All diesel - powered
vehicles and gasoline - powered equipment shall be turned off when not in use for
more than five minutes.
11. The construction contractor shall time the construction activities so as not to
interfere with peak hour traffic. To minimize obstruction of through traffic lanes
adjacent to the site, a flag person shall be retained to maintain safety adjacent to
existing roadways, if deemed necessary by the City.
12. The construction contractor shall encourage ridesharing and transit incentives for
the construction workers.
13. To the extent feasible, pre- coated /natural colored building materials shall be
used. Water -based or low VOC coatings shall be used that comply with
SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, or
manual coatings application such as paint brush, hand roller, trowel, etc. shall be
used to reduce VOC emissions, where practical. Paint application shall use
lower volatility paint not exceeding 100 grams of ROG per liter.
14. Construction activities shall be confined to the hours of 7:00 a.m. and 6:30 p.m.
on weekdays and on Saturdays between the hours of 8:00 a.m. and 6:00 p.m.
No construction activities shall occur on Sundays or any federal holiday.
15. During grading activities, all vehicles and petroleum- driven equipment shall be
equipped with mufflers.
16. Idling of construction vehicles and equipment shall be limited to the extent
feasible. Vehicles, shall be properly maintained, and shall be turned off when not
in use.
17. The proposed office building shall be constructed using double pained windows
and insulation to maintain interior noise levels at 45 dBA or less. Any exterior
equipment such as heating and air conditioning shall be furnished with baffles,
screens and /or landscaping to ensure that noise levels from that equipment does
not exceed 65 dBA as measured at any project property line.
18. Sight distances at the corner of Irvine Terrace and Coast Highway, as well as the
main entry driveway off of Irvine Terrace, shall be provided in accordance with City
standards.
19. On site traffic signage, driveway striping and fire aisles shall be installed and
maintained as required by the City Engineering, Police and Fire Departments.
20. Parking lot design shall meet all City standards with respect to drive aisle widths,
parking space dimensions, turning radii and driveway /parking surface grades.
21. Bicycle racks shall be provided in accordance with City requirements.
PASSED, APPROVED AND ADOPTED THIS 10th DAY OF JANUARY 2006.
ATTEST:
CITY CLERK
AYES, COUNCIL MEMBERS Heffernan, selich, Rosansky,
Ridgeway, Daigle, Nichols, Mayor Webb
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS None
MAYOR
n
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2006 -3 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 January 2006, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, 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 January 2006.
(Seal)
�2CLM� 0229L�
City Clerk
Newport Beach, California