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Home My WebLink About2015-31 - Approving Planned Community Development Plan Amendment No. PD2015-001 Amending the Corporate Plaza, Corporate Plaza West, and Block 500 Planned Community District regulations (PA2015-109)ORDINANCE NO. 2015-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2015- 003 AMENDING THE CORPORATE PLAZA, CORPORATE PLAZA WEST, AND BLOCK 500 PLANNED COMMUNITY DISTRICT REGULATIONS (PA2015-109) WHEREAS, The Irvine Company filed applications requesting approval of amendments to the North Newport Center Planned Community Development Plan (PCDP), Block 500 Planned Community District Regulations, and a Transfer of Development from the Corporate Plaza and Corporate Plaza West Planned Communities to the North Newport Center Planned Community Block 100; WHEREAS, the requested amendment to the North Newport Center PCDP does the following: (i) update development limits to reflect past transfers of development and adds two existing buildings (2071 and 2101 San Joaquin Hills Road) to subarea Block 500; and (ii) modify height limits, allowed uses, parking requirements, and sign regulations; WHEREAS, the proposed amendment to the Block 500 Planned Community District Regulations removes 2071 and 2101 San Joaquin Hills Road from the planned community; WHEREAS, the transfer of development application shifts unbuilt development from the Corporate Plaza (15,468 square feet) and Corporate Plaza West (5,693 square feet) Planned Communities to the North Newport Center Planned Community Block 100, which allows for the continued use of a 21,161 square foot building within the North Newport Center Planned Community Block 100 and full occupancy of 520 Newport Center Drive ensuring that development limits of the General Plan are not exceeded; WHEREAS, amendments to the Corporate Plaza and Corporate Plaza West Planned Community District Regulations have been included with The Irvine Company applications to reduce the maximum development intensity allowed within the two planned communities to reflect the applicant's requested transfer of development; WHEREAS, on September 17, 2015, after a noticed public hearing, the Planning Commission received public comments and on an affirmative motion (5 ayes, 0 noes, 2 absent), forwarded a recommendation to the City Council to adopt Transfer of Development No. TD2015-001 and Planned Community Development Plan Amendment No. PD2015-003; WHEREAS, the requested amendment of the Block 500 Planned Community District Regulations is appropriate and is necessary to maintain consistency with the proposed changes to the North Newport Center PCDP; Ordinance No. 2015-31 Page 2 of 4 WHEREAS, the amendments to the Corporate Plaza and Corporate Plaza West Planned Community District Regulations to reduce the maximum development intensity are appropriate and will maintain consistency with the General Plan and Transfer of Development No. TD 2015-001; and WHEREAS, on October 27, 2015, after a noticed public hearing, the City Council considered The Irvine Company's application request for a transfer of development (TD2015-001) and Planned Community Development Plan Amendment No. PD2015-003, and all verbal and written evidence submitted at the hearing. NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Section I, Subsection 3 of the Corporate Plaza Planned Community District Regulations is amended to reduce the maximum allowed gross building floor area by 8,440 square feet from 477,320 square feet to a not to exceed amount of 468,880 square feet. Section 2: The Corporate Plaza Planned District Regulations are amended to change the name of "Farallon Drive" to "Civic Center Drive" and replace the land use plan map with the map attached as Exhibit A, which is incorporated herein by reference. Section 3: Section I, Subsection 3 of the Corporate Plaza West Planned Community District Regulations is amended to reduce the maximum allowed gross building floor area by 3,017 square feet from 159,688 square feet to a not to exceed amount of 156,671 square feet. Section 4: The Corporate Plaza West Planned District Regulations are amended to replace the land use plan map with an updated map attached as Exhibit B, which is incorporated by reference. Section 5: The Block 500 Planned Community District Regulations are amended to remove 2071 and 2101 San Joaquin Hills Road by replacing the land use plan map with the map attached as Exhibit C, which is incorporated by reference, and reducing the maximum allowed gross building floor area by 24,000 square feet from 97,400 square feet to 73,400 square feet. Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Ordinance No. 2015-31 Page 3 of 4 Section 7: The City Council finds the proposed amendments to the Corporate Plaza, Corporate Plaza West, and Block 500 Planned Community District Regulations exempt from and not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because it can be seen with certainty that there is no possibility that the project could have a significant effect on the environment. No development would be authorized and all development within the affected planned communities is within the limits of the General Plan. The transfer of unbuilt development to Block 100 of the North Newport Center Planned Community will allow the continued use of an existing building and no new development would result. A traffic analysis was prepared under the supervision of the City Traffic Engineer and it concludes the transfer is trip neutral and no significant impact to traffic would result. The City Council further 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 the applicant, The Irvine Company, 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 8: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. // // // // // Ordinance No. 2015-31 Page 4 of 4 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 27th day of October, 2015, and adopted on the 10th day of November, 2015, by the following vote, to -wit: AYES, COUNCILMEMBERS Peotter, Curry, Duffield Muldoon, Dixon, Mayor Selich NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None RECUSED COUNCILMEMBERS Petros 1� ��JIIITA.i EDWARD D. SECICH, MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON . HARP, CITY ATTORNEY Exhibit A Updated Corporate Plaza Planned Community District Regulations Land Use Map Z� J �— J Z D DR Z R ENTER DR ✓BHOVSE m 13 A o0 14 12 ;U �4 18 �Pv 1 19 20 Ji Q 2 a 2po LU 23 oP a Q 0 24 U 22 O� coRPORATE PLZ `P C �. � yGSgS o0 4 7 ,Q 0o yST m" qJ g� NReoR � /F �P <c°OUS 9y�F PJB i Z F p0 N '0 \gtTG p�P 6P > ml o 0 300 600 �g W PpQ Corporate Plaza Fee` Planned Community Professional / Office / Commercial / Medical Document Name: PC_ 17_ Co Wrote Plaza Date: 11/10/2015 Exhibit B Updated Corporate Plaza West Planned Community District Regulations Land Use Map A�ADR rwP„RJ Corporate Plaza West Planned Community z P u'° Professional / Office / Commercial ?\CENTER DR E CfVjC C _` FVT oR 0 250 500 Feet e Exhibit C Updated Block 500 Planned Community District Regulations Land Use Map San 4 o� Joaquin Hills Rd D Nicholas Dr30 Block 500 Planned Community Figure 1. Land Use Designations 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 ordinance, being Ordinance No. 2015-31 was duly and regularly introduced on the 27th day of October, 2015, 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 November, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich NAYS: None RECUSED: Council Member Petros IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of November, 2015. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } ALi FO:/ City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2015-31 has been duly and regularly published according to law and the order of the City. Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: October 31, 2015 Adopted Ordinance: November 14, 2015 2 J �y h, In witness whereof, I have hereunto subscribed my name this 3KC- day of IJ�I �iYiY�v� 2015. City Clerk City of Newport Beach, California (Seal)