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Home My WebLink AboutC-2540 - Santa Ana Heights Annexation Agreement (Bayview Site)V TO: FINANCE DIRECTOR Planning Dept. FROM: CITY CLERK CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714)640 -2251 DATE: November 13, 1985 SUBJECT: Contract No. C -2540 <- Description of Contract Santa Ana Heights Annexation Agreement (Bayview Site) Effective de-ce of Contract September 23. 1985 Authorized by Minute Action, approved on September 23, 1985 Contract with County of Orange Address Political Subdivision of the State of California Amount of Contract (See Agreement) I" L - . Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 SANTA ANA HEIGHTS ANNEXATION AGREEMENT Attachment 1 C - Z_szlo This agreement is entered into this 23rd day of September, 1985, by and between the County of Orange, a Political Subdivision of the State of California, herein- after referred to as "County" and the City of Newport Beach, a Chartered Municipal Corporation, hereinafter referred to as "City" with reference to the following recitals. A. On March 6, 1985, County adopted and certified EIR 508 for the John Wayne Airport Land Use Compatibility Plan, hereinafter "LUCP." B. As part of implementing the LUCP, the County approved a "Compromise Plan" relating to conversion of land uses, sound attenuation of residences, and purchase assur- ances for the area located southerly of the John Wayne Airport commonly known as "Santa Ana Heights." The County also committed to prepare a specific plan for Santa Ana Heights which provides for maximum separation of business park and residential traffic, adequate buffering between business park and residential uses, consideration of prop- erty acquisition for development of an equestrian center, and the expansion of equestrian trails in the area. C. One alternative available to County for financing said land use conversions, sound attenuation, purchase assurances, equestrian facilities and traffic improvements is through tax increment derived from inclusion of Santa Ana Heights in a redevelopment project pursuant to the California Community Redevelopment Law. D. A portion of Santa Ana Heights constitutes an abandoned school site owned and planned for development by Bayview I, a joint venture composed of J.M. Peters Company, Inc., a California corporation, and DSL Service Company, a California corporation, hereinafter referred to as "Bayview Project." E. City proposes to annex Santa Ana Heights in phases, phase 1 being the Bayview Project. F. County and City wish to provide in this agreement for a procedure whereby the City will consent to the inclu- sion of the Bayview Project in a County redevelopment plan for Santa Ana Heights after annexation to the City and to further establish a priority for the use of certain traffic improvement fees to be paid by the owners of the Bayview Project ( "Property Owner ") to City and for the potential payment of fees to a joint powers authority which would make certain specified intersection improvements. NOW, THEREFORE, the parties agree as follows: 1. Pursuant to California Health and Safety Code Sections 33210 and 33213, in the event the Bayview Project is annexed to City, City shall consent to its inclusion in a County redevelopment project to be governed by the County Redevelopment Agency formed for the purpose of implementing provisions and programs of the Santa Ana Heights LUCP. It is expressly agreed that the County Redevelopment Agency shall only be entitled to property tax increment derived from the Bayview Project and any other annexed territory in East Santa Ana Heights included in the redevelopment pro- ject. All other revenue, taxes and fees, including without limitation, sales tax, uniform transient occupancy tax, property development tax, fair share traffic contribution fees derived from the Bayview Project and any other annexed territory in East Santa Ana Heights to be included in the redevelopment project shall be excluded from the property tax increment. 2. As part of the development of the Bayview Pro- ject, the Property Owner shall be required to pay to City certain fair share traffic contribution fees as required by -2- Chapter 15.38 of the Newport Beach Municipal Code. Said fair share traffic contribution fees shall amount to the total sum of One Million Three Hundred Forty -Eight Thousand Sixty -Nine Dollars and Forty -Nine Cents ($1,348,069.49). The Property Owner shall be given a credit by City against said fair share traffic contribution fees for certain roadway improvements as follows: i. Widening East Side of Jamboree. Property Owner agrees to widen the east side of Jamboree Road across, from and between Bristol Street and the southerly boundary of the Bayview Project. The widening shall con- sist of an additional seven (7) feet of travel lane, new curb and gutter and shall otherwise comply with the plans and specifications approved by the Public Works Director of City. Construction of the widening shall be completed prior to the issuance of certificates of occupancy for the hotel or any of the office space within the Bayview Pro- ject. City may require the Property Owner to restripe Jamboree Road to allow four (4) northbound lanes in the vicinity of the Bayview Project prior to the date on which construction of the widening is required. The estimated cost of this improvement and the credit against fair share fees is Two Hundred Forty Thousand Dollars ($240,000.00). (ii) Widening the West Side of Jamboree. Prop- erty Owner shall be given credit for widening the westerly side of Jamboree Road between Bristol Street South and a point southerly of the proposed intersection of Bayview Drive and Jamboree, northerly of the San Diego Creek Bridge, as determined by the City Public Works Director. The widening shall consist of an additional seven (7) feet of travel lane, new curbs and gutters and shall otherwise comply with the plans and specifications approved by the Public Works Director. This improvement shall include signalization of the proposed Jamboree - Bayview Drive intersection, with the signalization to comply with plans -3- and specifications approved by the Public Works Director. The estimated cost of this improvement to be applied against the fair share fees is Two Hundred Forty Thousand Dollars ($240,000.00). (iii) Intersection Improvements- Jamboree Road at San Joaquin Hills Road. Property Owner shall make inter- section improvements at the southwest corner of Jamboree Road and San Joaquin Hills Road as set forth in plans and specifications to be approved by the Public Works Direc- tor. The estimated cost of this improvement and the credit against the fair share fees is Forty Thousand Dollars ($40,000.00). (iv) The balance of the fair share fees in the amount of Eight Hundred Twenty -Eight Thousand Sixty -Nine Dollars and Forty -Nine Cents ($828,069.49) shall be paid by Property Owner to City at the time of issuance of building permits for any phase of development of the Bayview Project. 3. City shall give priority in using the balance of the fair share fees paid by Property Owner pursuant to this Agreement to make roadway improvements in the general vicinity of the Santa Ana Heights including those improve- ments set forth on Exhibit "B" (Table 12) attached hereto and made a part herein by this reference. 4. In the event the Inter -City Liason Committee ( "ICLC ") or other joint powers authority is formed to make needed traffic improvements including those listed on Exhibit "B" and City becomes a member of the ICLC or other joint powers authority, City agrees to contribute to such agency out of its fair share traffic fees the amount of money which would be required for the development of the Bayview Project as determined by the ICLC or other joint powers authority to pay for the improvements listed on Exhibit "B." In lieu of making all or a portion of such ICLC payment, City may cause said improvements as shown on Exhibit "B" to be made if agreed to by the ICLC or other joint powers authority. -4- 5. It is agreed that the annexation of Santa Ana Heights including the Bayview Project by City under the terms and conditions as set forth in this agreement, shall not constitute a violation of the Stipulation for Termina- tion of the Litigation relating to John Wayne Airport Settlement Agreement approved by County and City. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. COUNTY OF ORANGE, a political subdivision of the State of California Bi' f Chairman of its Board bf Supervisors "County" SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD LINDA' D. ROBERTS, Tlerk the Board of Supervisors of Orange County, California CITjL-40,F NEWPORT BEACH , Mayor "City" ATTEST: i VA RNIA A a G 21�1 APPROVED AS TO FORM: ju APPROVED AS TO FORM: OBERT H. RNHAM, City Attorney ADRIAN KUYPER, County Counsel Signature/ ORANGE COUNTY, .,CCA_LIFORNIA Zz t <�c9 �U Deputy -5- CITY OF NEWPORT BEACH, ` CALIF. NOV 1 _ 2 1955 a REG A CITY CLERK /1 t,. v 1 SoNh Bristol Street 0 0 GENERAL VICINITY MAP EAST SANTA ANA HEIGHTS EXHIBIT A TABLE 12 SUMMARY OF ROADWAY IMPROVEMENTS NEEDED TO ACCOMMODATE 1989 TRAFFIC COITDITIONS A. ROADWAY IMPROVMENTS Jamboree Road 1. Construction project access including traffic signal. 2. Restripe to provide four lanes in each direction at project access. Bristol Street 3. Construct project access. B. INTERSECTION IMPROVEMENTS (A) Bristol Street at Campus Drive /Irvine Avenue 1. Convert one eastbound through -lane to a right -turn lane. Bristol Street at Jamboree Road 2. Convert the two existing .eastbound through -lanes to a free right turn and in 1989 provide,a third east -bound through -lane. MacArthur Boulevard at Campus Drive 3.. Restripe MacArthur Boulevard to provide a second left -turn lane to northbound MacArthur Boulevard to westbound Bison Avenue. MacArthur Boulevard at Bison 4. Provide a second left -turn lane for northbound MacArthur to westbound Bison. (A) Includes the various improvements included in the Corona del Mar Freeway (SR -73) improvements presently under construction. EXHIBIT "B" li 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Wf oi; 15 30 W0 4>W 16 0Z O3 00 17 W 18 19 20 21 22 23 24 25 26 N ry 27 w. _! r�- RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA October 15, 1985 On motion of Supervisor Clark, duly seconded and carried, the following Resolution was adopted: BE IT RESOLVED that this Board does hereby: 1. Approve annexation agreement and authorize the Clerk of the Board, on behalf of the Board of Supervisors, to execute said agreement. 2. Approve the Bayview Project General Plan Implementation Agreement and authorize the Clerk of the Board, on behalf of the Board, to execute said agreement. 3a. Determine that the reallocation of Property Tax Revenues from the proposed Bayview Project Annexation to the City of Newport Beach shall be in accordance with the terms of the Master Property Tax Agreement between the County of Orange and the City of Newport Beach, said property deemed to be undeveloped. 3b. Direct the Clerk of the Board to notify the Executive Officer of the Local Agency Formation Commission, the City of Newport Beach and the Auditor - Controller of the Board's determination. 4a. Determine that, commencing with the first year that Reorgan- ization No. 85 is effective for property tax purposes as provided in Government Code Section 54902, all property tax revenues which would have been allocated to the Costa Mesa Sanitary District from the area Resolution No. 85 -1488 Annex / Bayview Project Area in Santa Ana Heights to City of Newport Beach BPD:db 1. 1 II 2 3 4 51 6 7 8 9 10 11 121 13 14 J� W. o�; 15 � WO o W 4yW 16 4 F W o=, o' 0 17 u M 19 20 21 22 23 24 25 0 26 n N 6 LL 27 M.M. known as Reorganization No..85, had it remained in said District, shall be reallocated to the Irvine Ranch Water District. 4b. Direct the Clerk of the Board to notify the Irvine Ranch Water District, the Costa Mesa Sanitary District, the Executive Officer of the Local Agency Formation Commission, and the Auditor - Controller of the Board's determination. / / / / AYES: SUPERVISORS RALPH B. CLARK, THOMAS F. RILEY, ROGER R. STANTON,' HARRIETT M. WIEDER, BRUCE NESTANDE NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I, LINDA D. ROBERTS, Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 15th day of October , 19 g5, and passed by a unanimous vote of said Board. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 15th day of October 19 85- LINDA D.. ROBERTS Clerk of the Board of Supervisors of Orange',County, California 2. *MCDONOUGH. HOLLAND & ALLEN MARTIN MCDONOUGH T. BRENT HAWKINS A PROFESSIONAL CORPORATION ALFRED E. HOLLAND DONALD R. PERSON ATTORNEYS BRUCE F. ALLEN SUSAN L. SCHOENIG SACRAMENTO OFFICE V. BARLOW GOFF SABINA D. GILBERT JOSEPH E COOMBS, JR. DAWN H. COLE 3200 PARK CENTER DRIVE, SUITE CIO 555 CAPITOL MALL. SUITE 950 DAVID 1. SPOTTISWOOD JOHN E. DI GIUSTO SACRAMENTO. CALIFORNIA 95816 DENNIS D. O'NEIL CRAIG K. POWELL COSTA MESA, CALIFORNIA 92626 191614443900 RICHARD W. NICHOLS SHARON D. ROSEME DONALOC. POOLE IRIS P. YANG (7(4) 650 -IIESO RICHARD OSEN DAVIDS. SALEM OAKLAND OFFICE RICHARD E, BRANDT VIRGINIA A. CAHILL GARY F. LOVERIDGE JAMES L. LEET P. O. BOX 3448 G. RICHARD BROWN HARRIET A. STEINER OAKLAND. CALIFORNIA 94609 DAVID W. POST PATRICIA D, ELLIOTT (415) 5470106 SUSAN K, EDLING MARY POWERS ANTOINE BRUCE Mc DONOUGH STUART L SOMACH WILLIAM L. OWEN WILLIAM A, LICHTIG DAVID F. BEATTY ALAN F, CIAMPORCERO November 11, 1 9 8 5 ALICE A, WOODYARD SETH P. BRUNNER ARTHURH. BERNSTEIN MICHAEL T. FOGARTY EDWARD J. QUINN. JR, HARRY E. HULL, JR DONNAS, BEECROFT OF COUNSEL DENNIS W DE CUIR DON E. GREEN ANN OCONNELL NANCYP.LEE ROBERT W OCONNOR MARK GORTON JEFFRY R. JONES MARCIA SCULLY Wanda Raggio, City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Santa Ana Heights Annexation Dear Wanda: Enclosed for your file is a fully executed copy of the Santa Ana Heights Annexation Agreement and Resolution of the Board of Supervisors of Orange County, dated October 15, 1985, approving the annexation agreement. DDO:dlg Enc. cc: Mr. Robert Trapp (w /enc.) Very truly sI Dennis D. O'Neil NEWFi. tVOV 12 11985 REOEI'VE9 HAND DELIVERED Wanda Raggio, City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Santa Ana Heights Annexation Agreement Dear Wanda: SACRAMENTO OFFICE 555 CAPITOL MALL.SUITE 950 SACRAMENTO, CAUFOFNIA 9591A (SIG) as 3900 Enclosed are three original copies of the Santa Ana Heights Annexation Agreement. I have incorporated the changes requested by the City Attorney. Would you please have the copies of the agreement signed to form by the City Attorney. three duplicate original by the Mayor and approved as After you have obtained the necessary signatures, please call my secretary, Debi at 850 -1180, and she will arrange to have the document picked up. Thanks for your special attention to processing this matter. It is appreciated. Very tru :z S, Dennis D. O'Neil DDO:dlg Enc. CC: Robert H. Burnham, City Attorney 9mcDONOUGH, HOLLAND & ALLEN• MARTIN MCDONOUGH ROBERT W. O'CONNOR A PROFESSIONAL CORPORATION ALFRED E. HOLLAND JEFFRY R. JONES ATTORNEYS BRUCE F ALLEN JOHN J. FLYNN III V. BARLOW GOFF T. BRENT HAWKINS JOSEPH E. COOME5, JR. DONALD R. PERSON 3200 PARK CENTER DRIVE. SUITE 710 WILLIAM G. HOLUMAN. JR. SUSAN L SCHOENIG DAVID SPOTTISWOOD SABINA D. GILBERT COSTA M ESA, CALI FORM IA 92626 RICHARD W. NICHOLS DAWN H. COLE DONALDC.POOLE JOHN M. TAYLOR (714) 850 -1160 RICHARD W. OSEN JANET NEELEY KVARME RICHARD E. BRANDT JOHN E. DI GIUSTO GARY F. LOVERIDGE CRAIG K, POWELL G, RICHARD BROWN SHARON D, ROSEME DENNIS D. O'NEIL IRIS P. YANG DAVID W. POST DAVID 5. SALEM SUSAN K. EDLING VIRGINIA A. CAHILL BRUCE MCDONOUGH JAMES L. LEET WILLIAM L OW HARRIET A DAV10F BEATTY PATRICIA D. ELLIIOTT September 26, 1985 ALICE A. WOODYARD MARY POWERS ANTOINE MICHAEL T. FOGARTY STUART L SOMACH HARRY E, HULL. JR. WILLIAM A. LICHTIG DENNIS W. DE CUIR ALAN F. CIAMPORCERO ANN OCONNELL KATHERINE D BLACK HAND DELIVERED Wanda Raggio, City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Santa Ana Heights Annexation Agreement Dear Wanda: SACRAMENTO OFFICE 555 CAPITOL MALL.SUITE 950 SACRAMENTO, CAUFOFNIA 9591A (SIG) as 3900 Enclosed are three original copies of the Santa Ana Heights Annexation Agreement. I have incorporated the changes requested by the City Attorney. Would you please have the copies of the agreement signed to form by the City Attorney. three duplicate original by the Mayor and approved as After you have obtained the necessary signatures, please call my secretary, Debi at 850 -1180, and she will arrange to have the document picked up. Thanks for your special attention to processing this matter. It is appreciated. Very tru :z S, Dennis D. O'Neil DDO:dlg Enc. CC: Robert H. Burnham, City Attorney City Council Meetiro September 23,1985 Agenda Item No. D -3 BY THE CITY COUNCIL CCITY OF NEWPORT BEACH CITY OF NEWPORT BEAN SEP 23 1935 TO: City Council `L y 'lr'' f '��-/AL FROM: Planning Department s SUBJECT: A. Development Agreement No. 3 (Ordinance No. 85 -24) (5� ,J,2z 7,Ti7at4 Consideration of an agreement between the City of Newport Beach and the J. M. Peters Company. The subject agreement will establish specific development rights and related obligations pursuant to the annexation to the City of Newport Beach of the Bayview Site. i. B. General Plan Amendment 85 -2(B) Consideration of an amendment to the Land Use and Recreation and C Open Space Elements of the Newport Beach General Plan so as to change the land use designation from "Recreational and Environ- mental Open Space" with an alternate of "Low- Density Residen- tial" to " Multi- Family Residential," "Recreational and Environmental Open Space," and a mixture of "Administrative, Professional and Financial Commercial" 'and "Retail and Service Commercial." AND C. Amendment No. 623 (Ordinance No. 85 -25) Pre - Annexation Zoning Consideration to reclassify the subject property to the P -C (Planned Community) District and adopt the Bayview Planned Community Development Plan and Development Standards. INITIATED BY: The City of Newport Beach A portion of Block 51 of Irvine's Subdivision, located on the southwesterly corner of Bristol Street and Jamboree Road in Unincorporated County territory. PA /95 PD, CC /90, CC /35, R -1 -2975 PD, R -2, 400, B -1 (All County zoning designations) J. M. Peters Company, Newport Beach Same as applicant LOCATION: ZONES: APPLICANT: OWNER: A portion of Block 51 of Irvine's Subdivision, located on the southwesterly corner of Bristol Street and Jamboree Road in Unincorporated County territory. PA /95 PD, CC /90, CC /35, R -1 -2975 PD, R -2, 400, B -1 (All County zoning designations) J. M. Peters Company, Newport Beach Same as applicant TO: City Cocil - 2. Suggested Action A. Hold hearing; close hearing; if desired, C1) Adopt Resolution No. , certifying as adequate the previously - certified Final Environmental Impact Report for the Bayview project as the environmental document for the project; and making Findings in regards to the environmental document and appropriate mitigation measures. 2) Adopt Ordinance No. 85 -24, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING A DEVELOPMENT AGREEMENT REGARDING THE BAYVIEW PARCEL 3) Adopt Resolution No. , approving amendments to the Land Use and Recreation and Open Space Elements of the Newport Beach General Plan so as to change the land use designation of the Bayview Parcel from "Recreational and Environmental Open Space," with an alternate of "Low- Density Residential" to "Multi - Family Residential," "Recrea- tional and Environmental Open Space," and a mixture of "Administra- tive, Professional and Financial Commercial" and "Retail and Service C Commercial." 4) Adopt Ordinance No. 85 -25, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING A PLANNED COMMUNITY DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR THE BAYVIEW PLANNED COMMUNITY LOCATED ON THE SOUTHWESTERLY CORNER OF BRISTOL STREET AND JAMBOREE ROAD, AMENDING PORTIONS OF DISTRICTING MAPS 42, 44 and 61 SO AS TO RECLASSIFY SAID PROPERTY FROM ORANGE COUNTY ZONING DISTRICTS PA /95 PD, CC /90, CC /35, R -1 -2975 PD(2975), R2 -2, 400 and B1, AND THE CITY OF NEWPORT BEACH UNCLASSIFIED DISTRICT TO THE PLANNED COMMUNITY DISTRICT (Planning Commission Amendment No. 623) Planning Commission Recommendation At its meeting of August 22, 1985, the Planning Commission adopted Resolution No. 1131, recommending to the City Council adoption of Development Agreement No. 3, General Plan Amendment 85 -2(B) and Pre- Annexation Zoning Amendment No. 623 (6 Ayes, 1 Absent). Background On March 6, 1985, the County of Orange approved a General Plan Amendment and Zone Change for the Bayview site. The related site plan was approved on May 1, 1985, and Tentative Tract Maps were approved on April 17, 1985. The California Coastal Commission approved the Coastal Development Permit on July 11, 1985. The J. M. Peters Company is currently processing grading permits and improve- ment plans with the County. TO: City Acil - 3. The City and J. M. Peters Company have agreed to pursue annexation of the project site. In order to take this action, review and approval of a Development Agreement, General Plan Amendment and Pre- Annexation Zoning are C required. Given the level of approval achieved by the J. M. Peters Company with the County, the proposed annexation is contingent upon the maintenance of the development rights granted by the County. While it is not possible to determine whether the project would have been approved by the City, it can be noted that some specific concerns of the City were addressed by the County during the approval of the General Plan Amendment, Zone Change and Tentative Tract Maps. Project changes included additional traffic and circulation system improvements and provision of additional park land and environmental open space. Analysis Since any major change to the development rights accorded to the site would result in the applicant's opposition to annexation, a detailed analysis of the project will not be made in this report. The analysis includes a description of the project and its placement in the City's existing planning structure, a comparison of the project to some specific City standards and a discussion of some of the advantages of annexation from a planning standpoint. Response to specific questions raised by the City Council are also included. Hotel Restaurant /Office Buffer 88 D.U.'s 145 D.U.'s 660,000 sq.ft. office 27,500 sq.ft. retail 300 rooms 8,000 sq.ft. restaurant 70,000 sq.ft. office (W /U.P.) 16 acres The multi - family residential and single - family residential sites are planned for a density compatible with the City's "Multi - Family Residential" land use category. The uses planned for the hotel site, professional administrative office site and restaurant /office site would best be accommodated by mixed use designation of "Retail and Service Commercial" and "Administrative, Profes- sional and Financial Commercial." The site plan is appropriate for the City's "Planned Community" Zoning District, and a Planned Community Development Plan and Development Standards have been submitted by the J. M. Peters Company. Staff has reviewed the P -C text and required changes for consistency with the standard City format and the Development Agreement. Comparisons to City Standards A comparison of the project to certain City standards has been requested. Park Dedication City Standard - 2.6 acres (land or fee) Provided by Development - 2.3 acres (2.0 acre + $150,000.00 in improvements) statistical Summary C Multi - Family Residential Single - Family Residential Professional - Administrative Office Hotel Restaurant /Office Buffer 88 D.U.'s 145 D.U.'s 660,000 sq.ft. office 27,500 sq.ft. retail 300 rooms 8,000 sq.ft. restaurant 70,000 sq.ft. office (W /U.P.) 16 acres The multi - family residential and single - family residential sites are planned for a density compatible with the City's "Multi - Family Residential" land use category. The uses planned for the hotel site, professional administrative office site and restaurant /office site would best be accommodated by mixed use designation of "Retail and Service Commercial" and "Administrative, Profes- sional and Financial Commercial." The site plan is appropriate for the City's "Planned Community" Zoning District, and a Planned Community Development Plan and Development Standards have been submitted by the J. M. Peters Company. Staff has reviewed the P -C text and required changes for consistency with the standard City format and the Development Agreement. Comparisons to City Standards A comparison of the project to certain City standards has been requested. Park Dedication City Standard - 2.6 acres (land or fee) Provided by Development - 2.3 acres (2.0 acre + $150,000.00 in improvements) TO: City Ail - 4. • Floor Area Ratio Proposed Office Site = 0.94 FAR C Residential Density - Detached Residential 12 du/b.a. Attached Residential 16 du/b.a. Planning Advantages The City Council is aware of the revenue benefits to the City if the Bayview site is annexed to the City prior to development. There are some additional advantages to the City from a planning standpoint. While the site plan approved by the County allowed the specific project described, the zoning categories adopted allow a much broader range of uses. In the preparation of the P -C Text, the J. M. Peters Company has agreed to a more restrictive list of allowed uses which reflect only those approved by the County in the Site Plan. For example, the P -C Text under consideration allows only hotels and motels and ancillary uses on the hotel site, where the County zone allows office uses which could have been allowed through an amendment to the site plan. The City is gaining control if the project does not go forward or if changes are requested in the future. RESPONSE TO QUESTIONS CCirculation System Master Plan. A question was raised as to whether the Bayview project necessitates a change in Master Plan designation of Irvine Avenue. Staff has reviewed the Traffic Study, and the Bayview project does not require a plan change of this nature. A reference to a Master Plan change for Irvine Avenue and Santa Ana Avenue in the vicinity of Bristol Street is made in a supplemental traffic report relative to the adoption of Santa Ana Heights Scenario #8 (complete conversion of Santa Ana Heights to commercial use) and the deletion of the University Drive extension. These Master Plan changes will also be necessary with the adopted Santa Ana Heights plan if University Drive is deleted. The City Council also requested information regarding the impact the proposed project may have on Irvine Avenue at 16th and 15th Streets. Since these intersections are not signalized, an Intersection Capacity Utilization (ICU) analysis is not possible. The City's Traffic Engineer has estimated that 258 daily trips will occur on Irvine Avenue south of 17th Street as a result of the project. The most recent daily traffic counts on this segment of Irvine Avenue were done in 1983 and showed daily traffic at 12,000 trips. The design capacity of the roadway is 20,000 trips. No adverse impacts on this part of Irvine Avenue are anticipated as a result of the Bayview project. A supplemental report has been prepared and submitted by the project proponent addressing project impacts at 17th Street and Irvine Avenue (attached). While it provides additional information for the consideration of the City Council, it is important to note that the analysis is not comparable to the City's TPO analysis in the following areas: 1) The analysis is done based on existing conditions, a TPO ICU would include addition of committed projects and regional growth; TO: City Coocil - 5. • 2) The analysis was done in a 1985 time frame, the TPO would require the ICU to be done for one year after occupancy or 1990; C 3) The ICU was carried to two decimal places where the TPO carries ICU analyses to four decimal places. Phasing with Corona del Mar Freeway The Bayview project is anticipated to be built out by 1989. The Corona del Mar Freeway extension will be completed by early 1987. View Homes The homes along Bayview Way and the open space buffer area will have views of the Upper Newport Bay. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKERR, Director by ��G(ZUsS • /SL?((IX C� C PATRICIA L. TEMPLE Environmental Coordinator PLT /kk CC14 Attachments for City Council Only: 1. Vicinity Map 2. Resolution No. 1131 3. Supplemental Traffic Report Previously Distributed: Certified Final EIR for Bayview Project C VICINITY MAP MIA .I" APNI a �a i 0 V 0 3 s•vtitis nt. P- C STlddT _ P -C cuavvE� -,► WS15" , • P -C u ATTACHMENT No. 1 P -C �.f U R y U P� "0000 U V" / Res R3B 1 ` e ! m0 �-CO 1 P -C 5rl EC )' y RRI-V7-04 IENi AY6 M h V D W Q o d y WOW 41 0. cuavvE� -,► WS15" , • P -C u ATTACHMENT No. 1 P -C �.f U R y U P� "0000 U V" / Res R3B 1 ` e ! m0 �-CO 1 0 ATTACHMENT No. 2 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT NO. 3, C GENERAL PLAN AMENDMENT 85 -2(B) AND PRE- ANNEXATION ZONING AMENDMENT NO. 623 FOR THE BAYVIEN PARCEL. WHEREAS, Section 707 of the Charter of the City of Newport Beach provides that the City Council, upon recommendation by the Planning Commission, my amend the General Plan, or my part or element thereof; and WHEREAS, as part of the development and implementation of the City's General Plan, the Land Use Element and Recreation and Open Space Element have been prepared; and WHEREAS, said elements of the General Plan seta forth objectives and supporting policies which serve as a guide for the future development of the City of Newport Beach; and WHEREAS, pursuant to Section 707 of the Charter of the City C of Newport Beach, the Planning Commission held a public hearing to consider certain amendments to the above referenced elements of the Newport Beech General Plan; and WHEREAS, the Bayview Parcel is within the Sphere of Influence of the City of Newport Beach; and WHEREAS, development of the site will result in impacts within the City of Newport Beech; and WHEREAS, there are certain economic and planning advantages of annexation to the City of Newport beach at this time; and WHEREAS, except as provided in the Development Agreement, the project will be subject to ordinances, plans and policies in force at the time of execution of the agreement; and WHEREAS, the Development Agreement. does not prevent the City of Newport Beach from applying new rules, regulations and policies which do not conflict with those set forth in the agreement; and WHEREAS, the Development Agreement does not prevent the City of Newport Beach from denying or conditionally approving any s subsequent development project application on the basis of existing or new rules, regulations and policies; and WHEREAS, the General Plan and toning are consistent with the CGeneral Plan, Zoning and Site Plan approved by the County of Orange; and - 2 - WHEREAS, the P-C Development Plan provides development standards for the development described in the Development Agreement; and WHEREAS, the Final Environmental Impact Report was certified as adequate by the Orange County Board of Supervisors, and WHEREAS, the Final Environmental Impact Report fully and adequately discusses the environmental impacts associated with the development on the Sayview Parcels and WHEREAS, the project proposed in the Development Amendment, General Plan Amendment 85 -2(B) and Amendment No. 623 is the same as the project analyzed in the Final Environmental Impact Report for C Bayview; and WHEREAS, there :are no new significant environmental impacts that were not considered in the prior certified Final EIRH and WHEREAS, all measures necessary to mitigate the environ- mental impacts associated with the project have been incorporated into the project NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach finds that the previously prepared and certified Final EIR is adequate for the proposed project; and BE IT FURTHER RESOLVED that the Planning Commission of the City of Newport Beach recommends to the City Council approval of the Development Agreement for the annexation of the Bayview Parcel to the City of Newport Beach; and BE IT FURTHER RESOLVED that the Planning Commission recom- ( mends to the City Council adoption of Amendments to the Land Use and \ \_ Recreation and Open Space Elements of the General Plan to designate the Bayview Parcel for "Multi- Family Residential ", a mixture of 'Retail and Service Commercial" and "Administrative, Professional and - 2 - c 9 0 Financial Commercial- and 'Recreational and Environmental Open Space' as shown on Exhibit 1 attached hereto and establishes development limitations as follows: Area Use 1. Multi- family Residential 88 D.U.'s 2. Single -family Residential 145 D.U.'s 3. Professional Administrative Office - Office 660,000 sq.ft. - Retail 27,500 sq.ft. 4. Hotel 300 rooms 5. Restaurant /Office 8,000 sq.ft. Restaurant or 70,000 sq.ft. Office 6. Buffer 16 acres BE IT FURTHER RESOLVED that the Planning Commission of the City of Newport Beach recoeseends to the City Council approval of the Pre - Annexation Zoning amendment No. 623: Reclassification to the P -C (Planned Ccaounity) District and adoption of Planned Community Devel- opment Plan and Development Standards for the Bayview Parcel. C ADOPTED this _ day of 1985, by the follow- ing vote, to wit: By Chairman By Secretary RESO3 AYES I..l C. ABSENT - 3 - rl C UPPER NEWPORT BAY 00000000 00000000 00 MULTI— FAMILY RESIDENTIAL °0000000 RECREATIONAL and ENVIRONMENTAL OPEN SPACE RETAIL and SERVICE COMMERCIAL and ADMIN., PROF., and FINAN. COMMERCIAL BAYVIEW J.M. PETERS Cam. 1601 DOVE OWN= GUrM oa It ' EXHIBIT 1 BRISTOL STREET SOUTH /tit�A S C ..::......:: AESTAVR NT.: 3fTE / ............::::::::: :: PROFESSIONAt:ADMINgiiRASIVE ::: AREA.3 ............... 00000000 ...... ............... .... ............................... 00000000 ; f�RpPE3f11ptp4t :4IAtHlOS!RlkTN.E::: � 00000000 °diCf¢poao '; oo:. {� :::: 000 ......::::::.::: 00000000 °000 AREA:4::::::: 0000000000000 ... ....... .. ....... . 0000000000000 ..: • • • • • • i 00 :: ......OT.EL':SfTE:: 0000000°0000 000000000 0000 • • • • ,r /, /'i i/ ':: :",, /,l�,jrtl�r 0000000 ,0000°0 °O0 °0000°0°0°0°0°0°000'.' /j+f' /l'j �'irj�r�+' +j 0000000000000°0°000000 . • •� j /� �'r�i if i ��j 111 000000000000000000000 •.... ., /.,r.,r.,l.,r,, /,r /.,1, C UPPER NEWPORT BAY 00000000 00000000 00 MULTI— FAMILY RESIDENTIAL °0000000 RECREATIONAL and ENVIRONMENTAL OPEN SPACE RETAIL and SERVICE COMMERCIAL and ADMIN., PROF., and FINAN. COMMERCIAL BAYVIEW J.M. PETERS Cam. 1601 DOVE OWN= GUrM oa It ' EXHIBIT 1 \I 3190 C-1 Airport Loop Drive C • 0 BASMACIYAN- DARNELL, INC. August 23, 1985 Mr. Rich Edmonston Traffic Engineer City of Newport Beach Costa Mena, California 92626 3300 Newport Blvd. Newport Beach, CA 92658 -8915 SUBJECT: Traffic Study for Bayview Dear Mr. Edmonston: ATTACHMENT NO. 3 ENGINEERING AND PLANNING Transportation, Traillc Municipal, Transit (714) 557 -5780 RECEIV Pt ment r- A'JG,o"( 2� g 1985 ► � : �_.. lf H .'C 3,/ As you requested in our phone conversation this morning, Basmaciyan- Darnell, Inc. (BDI) has performed additional analysis to assess, in greater detail, the impacts of the Bayview project C on traffic flow conditions along Irvine Avenue in the City of Newport Beach, particularly at the intersection of Irvine Avenue and Seventeenth Street. The directional trip distribution characteristics for the Bayview site (page 18 of the Traffic Study for Bayview) indicate that approximately 12 percent of the total estimated traffic to /from Bayview, or approximately 1860 trips per day, would be on Irvine Avenue just south of University Drive. This would be reduced to approximately 3 percent of the total traffic to /from Bayview , or approximately 430 trips, at the intersection of Irvine Avenue and Seventeenth Street, since much of the traffic to /from Bayview would have origins /destinations adjacent to Irvine Avenue (the Mariners' Library and park area, Westcliff Plaza etc.), or west of Irvine Avenue via 22nd Street /Victoria Street, 19th Street, etc. This would represent approximately 2 percent of the total daily traffic presently on Irvine Avenue at 17th Street. Evening peak hour traffic estimates at the intersection of Irvine Avenue and 17th Street have also been developed based on the distribution patterns described above. Approximately 61 vehicles with origins or destinations at Bayview could be expected on Irvine Avenue at 17th Street during the evening peak hour. This represents approximately 3 percent of the existing evening peak hour traffic at this location. Mr. Rich Edmonston August 23, 1985 City of Newport Beach Page Two To evaluate the impact of traffic to /from Bayview on existing peak hour conditions at the intersection, the estimated peak hour volumes were added to existing traffic volumes at the intersec- tion, and Intersection Capacity Utilization (ICU) analyses were performed. The ICU worksheets showing traffic volume data, inter- section lane configurations and the ICU calculations with and without traffic to /from Bayview, are attached. Under existing conditions, the 17th Street is presently op� (ICU= 0.95). With the addition ICU would remain 0.95. While would be added, the ICU would two digits after the decimal. intersection of Irvine Avenue and gating at Level of Service "E" of traffic to /from Bayview, the a small amount of Bayview traffic remain unchanged when rounded to In summary, the development of the Bayview project is expected to result in some additional traffic along Irvine Avenue. However, the most significant impacts of the project are at the intersec- tions immediately adjacent to the project. The impacts to the intersections along Irvine Avenue, even in the vicinity of the project (Irvine Avenue at Mesa Drive and at University Drive), C are expected to be nominal. Traffic to /from Bayview would not be expected to impact Irvine Avenue in the vicinity of 17th Street significantly. If you have any question or require additional information, please feel free to call. Sincerely, BASMACIYAN- DARNEL'L,, AI,N,C. Cathy Divine CD /tr Attachment cc: E. Hart S. Phelps R. Trapp \,'� 1R!:INE AVENUE AT SEVENTEENTH STREEO PH PEAK HOUR VOLUME DATA Esistinq C Bavview NL 218 0 11P. 43 0 NT 489 9 SL 138 13 SR 375 13 ST 684 13 EL 106 8 ER 91 0 ET 555 0 YL 284 0 HR 154 0 HT 584 0 13 1 IRVINE AVENUE AT SEVENTEENTH STREET - Existing Existing Conditions C Conditions -A -- - - - --- Plus BayvieN No. AN Peak Crit. AM Peak Crit. Moveant Lanes Cap. Vol. Vic Mvat. Vol. VYC "vat. NL 1 1600 218 0.14 TRUE 218 0.14 TRUE NR NA NA 43 HA FALSE 43 NA FALSE HT 2 3200 489 0.17 FALSE 497 0.17 FALSE SL 1 1600 138 0.09 FALSE 151 0.09 FALSE SR NA MA 375 HA FALSE 388 NA FALSE Si 2 3200 684 0.33 TRUE 697 0.34 TRUE EL 1 1600 106 0.07 FALSE 114 0.07 FALSE ER MA NA 91 NA FALSE 91 RA FALSE ET 2 3200 555 0.20 TRUE 555 0.20 TRUE NL 1 1600 284 0.18 TRUE 284 O.IB TRUE UP NA NA 154 NA FALSE 154 NA FALSE MT 2 3200 594 0.23 FALSE 584 0.23 FALSE N/S coaponent 0.47 0.48 E /M.caaponent 0.38 0138 Rt.Tn. cosponent 0.00 0.00 Yellow Clearance 0.10 0.10 ICU 0.95 0.95 13 1 1R91NE AVENUE AT SEVENTEENTH STRREO C 11 Ph PEAK. HOUR VOLUME DATA Existing Bayview HL 218 0 NP. 43 0 NT 489 8 SL 136 13 SR 375 13 ST 684 13 EL 106 6 . ER 91 0 E i ' 555 0 NL 284 0 NR 154 0 NT 584 0 IRVINE AVENUE AT SEVENTEENTH STREET - Existing Existing Conditions Conditions Plus Bayview C No. ` AN Peak Crit. YAN Peak Crit. Horeant Lanes Cap. Vol. VIC Nest. Vol. Vic Hvat. NL 1 1600 218 .13625 TRUE 21B .13625 TRUE NP. NA NA 43 NA FALSE 43 NA FALSE NT 2 3200 09 .16625 FALSE 497 .16675 FALSE SL 1 1600 138 .08625 FALSE 151 .094375 FALSE SR NA NA 375 NA FALSE 388 NA FALSE.. ST 2 3200 684 .330938 TRUE 697 .339063 TRUE EL 1 1600 106 .06625 FALSE 114 .07125 FALSE ER NA NA 91 NA FALSE 91 NA FALSE ET 2 3200 555 .201675 TRUE 555 .201875 TRUE NL 1 1600 284 .1775 TRUE 284 .1775 TRUE NR NA NA 154 NA FALSE 154 NA FALSE NT 2 3200 584 .230625 FALSE 584 .230625 FALSE HIS Cgsoonent .467188 .475313 E!N component .379375 .379375 P.t.Tn. component 0 0 Yellow Clearance .1 . .l ICU .946563 .954688 11