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Home My WebLink About2014-18 - Approving an Amendment of the Afforadable Housing Implementation Plan No. AH2012-001 for the Uptown Newport Planned Community Located at 4311-4321 Jamboree Road (PA2014-011)RESOLUTION NO. 2014 -18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT OF THE AFFORDABLE HOUSING IMPLEMENTATION PLAN NO. AH2012 -001 FOR THE UPTOWN NEWPORT PLANNED COMMUNITY LOCATED AT 4311 -4321 JAMBOREE ROAD (PA2014 -011) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Uptown Newport LP ( "Uptown Newport" or "Applicant') with respect to a 25.05 -acre property generally located on the north side of Jamboree Road between Birch Street and the intersection of Von Karman Avenue and MacArthur Boulevard, legally described as Lots 1 and 2 of Tract No. 7953 and incorporated herein by reference, (the "Property ") requesting approval for the development of up to 1,244 residential dwelling units, 11,500 square feet of retail commercial uses and 2.05 acres of parklands (the "Project") in two phases. The application included the following: Planned Community Development Plan Amendment No. PD2011 -003, Planned Community Development Plan Adoption No. PC2012 -001, Development Agreement No. DA2012 -003, Tentative Tract Map No. NT2012 -002, Traffic Study No. TS2012 -005, and Affordable Housing Implementation Plan No. AH2012 -001. 2. On February 26, 2013, the City Council certified the Uptown Newport Final Environmental Impact Report (SCH No. 2010051094) in compliance with the California Environmental Quality Act ( "CEQA "), the State CEQA Guidelines, and City Council Policy K -3, and approved the application while making certain findings in accordance with CEQA and the State CEQA Guidelines. 3. The AHIP specifies the amount and timing of construction of affordable housing within the Uptown Newport Planned Community resulting from the City allowing an additional 322 units above the maximum allowed by the General Plan pursuant to Government Code Section 65915 -65918 ( "State Bonus Density Law "), Title 19, Chapter 19.54 (Inclusionary Code), and Title 20, Chapter 20.32 (Density Bonus Code) of the Newport Beach Municipal Code. The approved AHIP requires a minimum of 55 percent and a maximum of 60 percent of the total affordable housing requirement be constructed in Phase 1. 4. Uptown Newport LP filed an application requesting an amendment of the AHIP to provide additional flexibility to allow up to 100 percent of the affordable housing requirement be constructed in Phase 1. 5. A public hearing was held by the Planning Commission on February 6, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. At the conclusion of the hearing, the Planning Commission adopted Resolution No. 1935 by a vote of 4 -0 (3 absent) recommending City Council approval of the proposed amendment. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. All significant environmental concerns for the proposed project have been addressed in the previously certified Environmental Impact Report No. ER2012 -001 (SCH No. 2010051094), and the City of Newport Beach intends to use said document for the above noted project. Furthermore, there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www,newportbeachca.gov/cegadocuments 2. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. The proposed amendment to the AHIP does not diminish the total number of affordable units required to be constructed within the Uptown Newport Planned Community. The proposed amendment would authorize up to 100 percent of the project's requirement within Phase 1 thereby accelerating the production of affordable housing. 2, The proposed amendment is consistent with the City's housing goals identified in the Housing Element and it is consistent with Government Code Section 65915 -65918 ( "State Bonus Density Law "), and Title 20, Chapter 20.32 (Density Bonus Code) of the Newport Beach Municipal Code. SECTION 4. DECISION NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: 1. Approve an amendment to Affordable Housing Implementation Plan No. AH2O12 -001 as follows with all other provisions remaining unchanged: Vti. Phasing of the Affordable Housing Production Affordable housing shall be constructed in ses --ef developmeRtthe project. Based upon the current phasing plan where 680 units are proposed for Phase 1 (55% of the project) and 644 -564 units are proposed for Phase 2 (45% of the project), the minimum number of affordable units to be constructed in Phase 1 shall be 55% of the total affordable housing obligation for the Uptown Newport project. The remaining affordable housing obligation if, any, shall be constructed in Phase 2. Resolution No. 2094 -18 Page 3 of 3 2. Prior to the issuance of a certificate of occupancy for fifty percent (50 %) of the market rate units planned within eanhin a Phase, the Owner shall commence construction or complete the construction of a minimum of fifty percent (50 %) of the affordable units required to be constructed within eashthat Phase. 3. Prior to the issuance of a certificate of occupancy for ninety percent (90 %) of the market -rate units within eaeKa Phase, the Owner shall obtain a certificate of occupancy for all affordable units required to be constructed within eaehthat Phase. 2. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. PASSED, APPROVED, AND ADOPTED THIS 25T" DAY OF FEBRUARY, 2014. ATTEST: CITY CLERK MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, 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. 2414 -18 was duty 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 25th day of February, 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25h day of February, 2014. City Clerk Newport Beach, California (Seal)