Loading...
HomeMy WebLinkAbout16 - Newport Center Planned Community Amendments and Transfer of Development (PA2015-109) - CorrespondenceComments on Council Item 16 (October 27, 2015) The following comments on an item on the Newport Beach City Council agenda are submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 16. Newport Center Planned Community Amendments and Transfer of Development (PA2015-109) 1. The staff report fails to make clear that this action is a response to the defeat of Measure Y by voters on November 4, 2014. a. As the report does allude to, prior to 2014 The Irvine Company had made promises to relinquish occupancy of portions of buildings in its part of “Block 100” of Newport Center Drive in order to complete occupancy of its new office towers in other parts of Newport Center without going over the General Plan limits. b. Passage of Measure Y would have granted a floating allotment of more than 500,000 square feet of new commercial development and 500 new dwelling units to the whole of “Statistical Area L1” (within which Newport Center lies), allowing TIC to suck them up for its own use, including allowing continued occupancy of all its Block 100 buildings, and more. c. Since Measure Y failed TIC now has to explain its continued occupancy of its Block 100 buildings either by asking for a General Plan amendment or by moving unused development potential from other areas. d. The staff report (which is difficult to verify since it assumes “past transfers” to Block 100), says TIC needs 21,161 sf to accomplish this; while according to the City’s “Charter Section 423 Tracking Tables” the maximum the Council could add to the General Plan without a vote of the sort that was defeated by Measure Y is 23,200 sf. e. Why TIC is not asking for this extra allotment is not clear, but instead it is asking to move unbuilt allocations from the Corporate Plaza and Corporate Plaza West “planned communities” (perhaps to respect the residents’ perceived preference for “traffic neutrality”?). 2. Some preliminary comments based on a quick reading of the report: a. The 10 foot increase in heights for TIC properties, that has been attached to this like a kind of legislative rider, seems completely arbitrary and uncalled for. No reason why this is would be beneficial to the City is either offered or analyzed. i. The area to the south of the Newport Center Drive circle (that is, south of Fashion Island) has historically fallen under either the City’s general 32/37 foot height limit or similar or more restrictive covenants. ii. At some time after 2006, by adding its properties, and only its properties, in “Block 100” to a “North Newport Center Planned Community” the allowable heights for TIC buildings in that block were, with very little public attention or notice, increased to 50 feet. Received After Agenda Printed October 27, 2015 Item No. 16 October 27, 2015, Council Item 16 comments - Jim Mosher Page 2 of 2 iii. Since TIC already enjoys a privilege not available to its neighbors – and to potentially impact public views from Newport Center Drive -- it is totally unclear why it, and only it, should be allowed still more height. b. It is disturbing, and very confusing to the public, when the staff report says the current NNCPC document (the “PC text”) says the allowable development in TIC’s Block 100 is zero, but it is “really” 99,953 sf due to “past City-approved transfers.” Why was the public document not updated when those transfers were approved? c. There would seem to be an ethical problem with a powerful corporation asking the Council to sweep TIC’s needed 21,161 sf of unused development out of “planned communities” that are not wholly TIC owned (Corporate Plaza and Corporate Plaza West) and into a parcel that is (“Block100” of the NNPC). Is this fair to the non-TIC property owners? d. Further confusing the issue, had Measure Y passed, the Council’s Resolution 2014- 67 would have reduced the current development for the whole of Block 100 (including the four non-TIC-owned corners), which is called “Anomaly 35,” from what the current General Plan says is 199,095 sf to two anomalies: 58,746 sf for a new Anomaly 35 and 32,500 for a new Anomaly 35.1 in the northwest corner, which is presumably consistent with and larger than the existing development. However these total 91,246 sf which is less than what staff now tells us is the amount allowed in the TIC portion of Block 100 alone (99,953 sf) – even before the proposed transfer. i. How can these discrepant numbers be reconciled? ii. Are the numbers the public sees in the General Plan out of date? If so, how did they get modified? e. More generally, when TIC moves entitlements around involving properties that comprise less than a full anomaly with separate limits stated in the General Plan, as in Block 100, how do TIC’s machinations affect the rights of the other property owners in those anomalies? f. A final minor point: at least as of late Friday afternoon, the sign announcing this hearing at Corporate Plaza West (facing PCH) was lying face down in the landscaping. I assume there are other signs, but that one did not give very good notice, even to the very few pedestrians who would have been able to read it if it were upright. P O B o x 1 0 2 | B a l b o a I s l a n d , C A 9 2 6 6 2 | 9 4 9 . 8 6 4 . 6 6 1 6 STOP POLLUTING OUR NEWPORT (SPON) is a 501.c.3 non-profit public education organization working to protect and preserve the residential and environmental qualities of Newport Beach. www.SPON-NewportBeach.org | Info@SPON-NewportBeach.org FB SPON-Newport Beach | Twitter @SPONNewport October 22, 2015 City of Newport Beach City Council c/o Ed Selich, Mayor Subject: Newport Center Planned Community Amendments and Transfer of Development (PA2015-109) Dear Mayor Selich and Members of City Council: This letter is a request from SPON, Stop Polluting Our Newport, to eliminate language in Amendment No. PD2015-003 which allows for an increase in height limits for the Newport Center Planned Community, Amendment No. PD2015-003. Specifically, please strike the following in Section III, A. Permitted Height of Structures: “Allowable heights are determined by sub-area. All building heights are measured at finished grade. Rooftop appurtenances and architectural features are permitted and may exceed the maximum building height by up to 10 feet ----.” The effect of this change to allow additional height is substantial and significant in a cumulative sense. It essentially allows for an additional floor of use as many of the so called appurtenances would otherwise have to be accommodated within the building. When applied to all Blocks in this Amendment it can mean substantial new usable floor area in addition to the increased height. The North Newport Center Planned Community (PCDP) was adopted in 2007 as an implementation of land use changes authorized by the comprehensive General Plan Update of 2006. The PCDP has been amended to add Block 800 and accommodate the development of 524 apartments at the former San Joaquin Hills Office site. This project area encompasses four planned communities and approximately one-half of Newport Center. The height change would not apply to buildings of 200 feet or more but would still OFFICERS PRESIDENT Marko Popovich VICE PRESIDENT Elaine Linhoff TREASURER Dennis Baker SECRETARY Allan Beek ___ BOARD MEMBERS Nancy Alston Don Harvey Dorothy Kraus Donald Krotee Andrea Lingle Bobby Lovell Jeanne Price Melinda Seely Jack Skinner Nancy Skinner Jean Watt Portia Weiss Terry Welsh Received After Agenda Printed October 27, 2015 Item No. 16 P O B o x 1 0 2 | B a l b o a I s l a n d , C A 9 2 6 6 2 | 9 4 9 . 8 6 4 . 6 6 1 6 STOP POLLUTING OUR NEWPORT (SPON) is a 501.c.3 non-profit public education organization working to protect and preserve the residential and environmental qualities of Newport Beach. www.SPON-NewportBeach.org | Info@SPON-NewportBeach.org FB SPON-Newport Beach | Twitter @SPONNewport affect those in Fashion Island as well as Blocks 100, 500 and 800. Combined with the current project proposed for the carwash site in Block 100, this increase in proposed heights indicates a prospect for major redevelopment and intensification of the area. Intensification of this cumulative nature should be studied within the framework of what the allowed increase would mean for traffic and parking at the very least. Instead of slipping in these changes to the 2006 Comprehensive General Plan in a piecemeal fashion, we continue to call for a revisiting of the 10 year old Comprehensive General Plan with a broad-based committee which can analyze and publicize the proposed changes in a comprehensive fashion. Adding to the need for this sort of transparent review is the need to incorporate some of the Sustainable Community Strategies called for in the OCCOG SCS Plan and what it means to our City. Thank you very much for consideration of our comments. Sincerely, Marko Popovich President SPON