Attachment E
Planning Commission Resolution
No. PC2025-009
25-40
RESOLUTION NO. PC2025-009
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY
COUNCIL APPROVAL OF THE THIRD AMENDMENT TO
DEVELOPMENT AGR EEMENT NO. DA2012 -003 FOR THE
PROPERTY AT 4251 JAMBOREE ROAD LOCATED WITHIN THE
UPTOWN NEWPORT PLANNED COMMUNITY (PA2025-0010)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Uptown Newport Jamboree, LLC (“Applicant”) with respect to a 25.05-acre property located at 4141-4321 Jamboree Road, 4251-4291 Uptown Newport Drive and 4288 Half Dome Place, legally described as Parcels 1 through 4 of Parcel Map No. 2013-108 (“Property”).
2. The Applicant proposes to amend Section 4.5 (Light Industrial Land Uses) of Development Agreement No. DA2012- 003 (“ Third Amendment to DA”), to extend the existing light industrial land uses currently operating as Tower Semiconductor (AKA TowerJazz) located within future Phase 2 of Uptown Newport Planned Community (PC-58) by 3.5 years, from March 12, 2027, to September 12, 2030 (“Project”).
3. The Property is designated Mixed-Use Horizontal 2 (MU-H2) by the General Plan Land Use Element and located within the Uptown Newport Planned Community Zoning District (PC-58).
4. The Property is not located within the coastal zone ; therefore, a coastal development permit is not required.
5. T he Newport Beach City Council (“City Council”) adopted Ordinance No. 2013-5 on March 12, 2013, a pproving the Uptown Newport Planned Community Development Plan (“Uptown Newport PC”).
6. The City Council adopted Ordinance No. 2013-6 on March 12, 2013, approving Development Agreement No. DA 2012- 003 (“DA”) 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.
7. The DA is dated March 12, 2013, for reference purposes, and was recorded in the Official Records of Orange County on March 26, 2013, as document number 2013000180939.
8. T he Applicant transferred ownership of individual parcels that comprise the entire Property on February 14, 2014 and assigned the DA as it pertains to Parcel 1 to TSG-Parcel 1, LLC, a Delaware limited liability company; as it pertains to Parcels 2 and 4 to Uptown Newport Jamboree, LLC, a Delaware limited liability company ; and as it pertains to Parcel 3 to Docusign Envelope ID: 31D7EE59-8F74-4EF0-A7ED-80738F276B83 25-41
TPG/TSG Venture I Acquisition, LLC, a Delaware limited liability company (collectively, the “Landowners”) with each Landowner agreeing to be bound by all the terms, covenants and conditions relating to the Property.
9. T he City Council adopted Ordinance No. 2015-11 on May 12, 2015, approving the First Amendment to the DA to amend the following sections:
a. Section 3.1: To defer the payment of public benefit fees to the City from the issuance of building permits to the issuance of certificates of occupancy; and
b. Section 3.2.1: To defer the payment of fees in- lieu of parkland dedication for all units at the issuance of the first building permit for any unit to the issuance of building permits on a per-unit basis.
10. The City Council adopted Ordinance No. 20 24-24 on October 22, 2024, approving the Second Amendment to the DA to add Section 4.6 (Park In-Lieu Fee Credits) to authorize park in- lieu fee credits be applied towards public benefit fees in certain limited circumstances.
11. The Property Owners submitted an application on April 30, 2025, requesting an amendment to Section 4.5 (Light Industrial Land Uses) of the DA. The Third Amendment, which is attached hereto as Exhibit “A,” and incorporated herein by reference, would allow a 3.5-year extension of the lease termination date for the light industrial uses located at the TowerJazz facility, from March 12, 2027, to September 12, 2030.
12. A public hearing was held on June 19, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place, and purpose of the hearing was given in accordance with Government Code Section 54090 et seq . (“Ralph M.
Brown Act”) and Chapters 15.45 (Development Agreements) and 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to and considered by, the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. T he City Council adopted Resolution No. 2013- 21 on February 26, 2013, certifying Environmental Impact Report ER2012-001 (SCH No. 2010051094) ("EIR") and approving a Mitigation Monitoring and Reporting Program ("MMRP") for the Uptown Newport PC.
2. T he Planning Commission adopted Resolution No. 2052 on March 23, 2017, approving an Addendum to the EIR ("Addendum No. 1") to allow alternative locations and construction phasing of the commercial component of Uptown Newport PC.
3. T he City Council adopted Resolution No. 2020- 71 on July 28, 2020 , approving an Addendum to the EIR (“Addendum No. 2”) to modify Mitigation Measures and approve Mitigation Monitoring and Reporting Program of the EIR related to hazardous materials within Uptown Newport PC.
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4. All significant environmental concerns for the Uptown Newport PC have been addressed in the previously certified Environmental Impact Report No. ER2012- 001 (SCH No. 2010051094), First Addendum No. ER2012-001 and Second Addendum No. ER2020- 001 and the City intends to use said documents for the above-noted Project , and further there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said Project. The previously prepared environmental documents are available for public review at the City of Newport Beach website he re:
Uptown Newport-CEQA.
5. A California Environmental Quality Act (“CEQA”) Consistency Memorandum has been prepared and determined that the Project is consistent with Environmental Impact Report No. ER2012-001 (SCH No. 2010051094), First Addendum No. ER2012-001 and Second Addendum No. ER2020 -001. No additional environmental review pursuant to CEQA is required. The CEQA Consistency Memorandum prepared for the Project is attached hereto as Exhibit "B” and incorporated by reference.
6. The Planning Commission 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 and Landowners are the primary beneficiaries of such approvals, it is appropriate that such applicants and Landowners should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages that may be awarded to a successful challenger.
SECTION 3. REQUIRED FINDINGS.
In accordance with Chapter 15.45 (Development Agreements) of the N BMC, the following findings and facts in support of such findings are set forth:
Finding:
A. The Third Amendment is consistent with the General Plan and the Uptown Newport Planned Community Development Plan (PC-58), Municipal Code and Subdivision Map Act.
Facts in Support of Finding:
1. The Third Amendment is to allow the existing light industrial land uses to remain on the property for an additional 3.5 years, from March 12, 2027, to September 12, 2030. The Third Amendment will simply extend the implementation of the Phase 2 development which consists of mixed housing types, supporting retail use and a one-acre public park.
2. The Project does not affect nor make changes to the allocated number of residential units, approved uses, and parcel and site designs allowed by the Uptown Newport PC for Phase 2 development. The Third Amendment therefore remains consistent with the land uses, densities , and intensities of the Uptown Newport PC, which is the zoning document for the Uptown Newport mixed- used development, the General Plan Land Docusign Envelope ID: 31D7EE59-8F74-4EF0-A7ED-80738F276B83 25-43
Use designation of Mixed- Use Horizontal-2 and the Airport Business Area Integrated Conceptual Development Plan.
3. The Uptown Newport PC project approval included detailed findings and facts in support of these findings that demonstrate the Project’s conformity with, among other things, the General Plan, PC -58, NBMC and the Subdivision Map Act. All those findings are still applicable to the Project and are incorporated by reference into this Resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Statement of Facts, CEQA Determination and Required Findings set forth above are true and correct and incorporated herein by reference.
2. The Planning Commission of the City of Newport Beach hereby recommends the City Council approve the Third Amendment to Development Agreement No. DA2012- 003 attached as Exhibit “A.”
PASSED, APPROVED, AND ADOPTED THIS 19th DAY OF JUNE, 2025.
AYES: Ellmore, Harris, Langford, Lowrey, Reed, Rosene, and Salene
NOES: None
ABSTAIN: None
ABSENT: None
BY:_________________________
Mark Rosene, Chair
BY:_________________________
David Salene, Secretary
Attachment: Exhibit A – Third Amendment to Development Agreement No. DA2012-003 Exhibit B – CEQA Consistency Memorandum
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EXHIBIT “A”
Third Amendment to Development Agreement No. DA2012-003
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6/10/2025 v2 1238697.3
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attn: City Clerk
(Space Above This Line Is for Recorder’s Use Only)
This Agreement is recorded at the request and for
the benefit of the City of Newport Beach and is
exempt from the payment of a recording fee
pursuant to Government Code Sections 6103 and
27383.
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
between
CITY OF NEWPORT BEACH
and
TSG-PARCEL 1, LLC, TPG/TSG VENTURE I ACQUISITION, LLC, AND
UPTOWN NEWPORT JAMBOREE, LLC
CONCERNING UPTOWN NEWPORT PROPERTY
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6/10/2025 v2 -1- 1238697.3
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
(Pursuant to Newport Beach Municipal Code Chapter 15.45 and California Government Code sections 65864-65869.5)
This THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (the “Third Amendment”) is dated for reference purposes as of the _____ day of ___ _________, 2025 (the “Amendment Date”), and is being entered into by and between the CITY OF NEWPORT BEACH ( “City”), on the one hand , and TSG-Parcel 1, LLC, a Delaware limited liability company, TPG/TSG Venture I Acquisition, LLC, a Delaware limited liability company and Uptown Newport Jamboree, LLC , a Delaware limited liability company (collectively, the “Landowner” or “ Landowners”), on the other . City and Landowner s are sometimes collectively referred to in this Second Amendment as the “Parties” and individually as a “Party.”
RECITALS
A. Uptown Newport LP, a Delaware limited partnership was the owner of that certain real property located in the City of Newport Beach, County of Orange, State of California commonly referred to as Uptown Newport, located at 4311 -4321 Jamboree Road (A ssessor Parcel Nos. 445-131-02 and 445-131-03) (the “Property”).
B. City and Uptown Newport LP entered into tha t certain Development Agreement dated March 12, 2013 , for reference purposes and recorded in the Official Records of Orange County on March 26, 2013, as document number 2013000180939 (the “Agreement”). All terms not otherwise defined in this Third Amendment shall have the meanings given them in the Agreement.
C. Uptown Newport, LP transferred ownership of individual parcels that comprise the entire Property and assigned the Agreement as it pertains to Parcel 1 to TSG-Parcel 1, LLC, a Delaware limited liability company; as it pertains to Parcel 3 to TPG/TSG Venture I Acquisition, LLC, a Delaware limited liability company ; and as it pertains to Parcels 2 and 4 to Uptown Newport Jamboree, LLC , a Delaware limited liability company as recorded in the Official Records of Orange County on February 14, 2014, as document number s 2014000060354 and 2014000060352 (the “Partial Assignment” or “Partial Assignments”).
D. The City Council adopted Ordinance No. 2015 -11 on May 12, 2015, approving the First Amendment to Development Agreement (“ First Amendment ”) adjusting provisions related to the timing of payment of public benefit fees and park in -lieu fees which was recorded in the Official Records of Orange County on July 6, 2015, as document number 2015000349840.
E. The City Council adopted Ordinance No. 2024 -24 on October 22, 2024, approving the Second Amendment to Development Agreement (“ Second Amendment”) to add Section 4.6 (Park In -Lieu Fee Credits) to authorize park in -lieu fee credits be applied towards public benefit fees certain limited circumstances.
F. With the transfer of ownership of Parcels 1-4, the legal description of the Property as described in Exhibit “A” to the Agreement remains the same, however, new street addresses and Assessor Parcel Nos. were established as set forth in Exhibit “C” to the Second Amendment.
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2 G. The Parties now wish to enter into this Third Amendment to extend the existing light industrial land uses currently operating as Tower Semiconductor (AKA TowerJazz) located within future Phase 2 of Uptown Newport Planned Community (PC -58) by 3.5 years, from March 12, 2027, to September 12, 2030.
H. On March 13, 2007, the City Council adopted Ordinance No. 2007 -6, entitled “Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code Regarding Development Agreements ” (the “Development Agreement Ordinance ”). This Third Amendment is consistent with the Development Agreement Ordinance.
I. This Third Amendment is consistent with the City of Newport Beach General Plan, including without limitation the General Plan ’s designation of the Property as “Mixed-Use Horizontal-2,” Airport Business Area Integrated Conceptual Development Plan, and the Uptown Newport Planned Community Development Plan.
J. On June 19, 2025 , the Planning Commission held a properly noticed public hearing on this Third Amendment and considered the testimony and information submitted by City staff, Landowners, and members of the public. On June 19 , 2024 , consistent with applicable provisions of the Development Agreement Statute and Development Agreement Ordinance, the Planning Commission adopted Resolution No. _______, recommending the City Council approve this Third Amendment.
K. In recognition of the significant public benefits that th e Agreement, as amended, provides, the City Council has found that this Third Amendment: (i) is consistent with the City of Newport Beach General Plan as of the date of th e Agreement, the First Amendment , the Second Amendment, and this Third Amendment; (ii) is in the best interests of the health, safety, and general welfare of City, its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of, City ’s police power; (iv) is consistent and has be en approved consistent with the final Environmental Impact Report (No. ER2012 -001) (SCH#2010051094) (“EIR”) that has been certified by the City Council on or before the Agreement Date , which analyzed the environmental effects of the proposed development of the Project on the Property , and all of the findings, conditions of approval and mitigation measures related thereto ; and (v) is consistent and has been approved consistent with provisions of California Government Code section 65867 et seq. and Chapter 15.45 of the Newport Beach Municipal Code.
L. On _________, 2025, the City Council held a properly noticed public hearing on this Third Amendment and considered the testimony and information submitted by City staff, Landowners, and members of the public. On ________, 202 5, consistent with applicable provisions of the Development Agreement Statute and Development Agreement Ordinance , the City Council held second reading and adopted Ordinance No. 2025-____, finding th e Third Amendment to be consistent with the City of Newport Beach General Plan and approving this Third Amendment.
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3 AGREEMENT
NOW, THEREFORE, City and Landowners agree as follows:
1. Section 4.5 (Light Industrial Land Uses) of the Agreement is hereby amended as follows:
“4.5 Light Industrial Land Uses.
Light industrial land uses will cease on the Property as of September 12, 2030”
2. All of the Recitals in this Third Amendment are incorporated into the Agreement.
Exhibits A and B are attached to the original Agreement and Exhibit C, which is attached hereto and incorporated by reference to this Third Amendment. Exhibits A through C are incorporated by reference to the Agreement , First Amendment , Second Amendment and this Third Amendment as follows:
EXHIBIT
DESIGNATION DESCRIPTION
A Legal Description of Property
B Depiction of the Property
C Property Addresses and Assessor Parcel
Numbers
3. Full Force and Effect . Except as modified by this Third Amendment, the Second Amendment, First Amendment, and Agreement shall remain in full force and effect.
4. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference.
5. Counterparts. This Second Amendment may be signed by the Parties in different counterparts and the signature pages combined shall create a single document binding on all Parties.
6. Recordation. The City Clerk of City shall record th is Third Amendment in the Office of the County Recorder of the County of Orange within the period required by California Government Code section 65868.5 and City of Newport Beach Municipal Code section
15.45.100. The date of this Third Amendment and the date of recordation of this Third Amendment shall not modify or amend the Effective Date or the Termination Date of the Agreement.
[SIGNATURE PAGE FOLLOWS]
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4 LANDOWNERS SIGNATURE PAGE TO
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
“LANDOWNERS”
UPTOWN NEWPORT JAMBOREE, LLC,
a Delaware limited liability company
Name: _______________________________
Title: ________________________________
Name: _______________________________
Title: ________________________________
TPG/TSG VENTURE I ACQUISITION, LLC,
a Delaware limited liability company
Name: _______________________________
Title: ________________________________
Name: _______________________________
Title: ________________________________
TSG-PARCEL 1, LLC,
a Delaware limited liability company
Name: _______________________________
Title: ________________________________
Name: _______________________________
Title: ________________________________
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5 CITY SIGNATURE PAGE TO
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
“CITY”
CITY OF NEWPORT BEACH
By:
Joe Stapleton, Mayor
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
Aaron C. Harp, City Attorney
Attachment: Exhibit C - Property Addresses and Assessor Parcel Numbers Docusign Envelope ID: 31D7EE59-8F74-4EF0-A7ED-80738F276B83 25-51
6 ACKNOWLEDGMENT
State of California
County of ______________________}
On _____________________, 20_____ before me, ______________________________, Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________
Signature (seal)
ACKNOWLEDGMENT
State of California
County of ______________________}
On _____________________, 20_____ before me, ______________________________, Notary Public, personally appeared _______________________________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________
Signature (seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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EXHIBIT C
PROPERTY ADDRESSES AND ASSESSOR PARCEL NUMBERS
APNs:
445-134-01 thru 16, 18 thru 34, and 36
445-133-07 and 08
Addresses:
4141 Jamboree
4201 Jamboree
4301 Jamboree
4321 Jamboree
4251, 4261, 4271, 4281, 4291 Uptown Newport Drive
4288 Half Dome Place
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EXHIBIT “B”
CEQA Consistency Memorandum
Docusign Envelope ID: 31D7EE59-8F74-4EF0-A7ED-80738F276B83 25-54
DATE May 27, 2025
TO Community Development Department
City of Newport Beach
ADDRESS 100 Civic Center Drive
Newport Beach, CA 92660
CONTACT Rosalinh Ung, Principal Planner
FROM JoAnn Hadfield, Principal
SUBJECT CEQA Environmental Review for the Proposed Revision to the Uptown Newport Development Agreement (3rd Amendment) to Extend Tower Jazz Operations 3.5 Years
PROJECT NUMBER CNB-27
PURPOSE OF THIS MEMORANDUM
The purpose of this memorandum is to document PlaceWorks’ review of applicable environmental documentation and processes pursuant to the California Environmental Quality Act (CEQA) to determine whether the proposed 3rd Amendment to the Uptown Newport Development Agreement (proposed project) is within the scope, and consistent with, the previous entitlement approvals for the Uptown Newport Planned Community (PC-58). The discussion includes the following:
» Background - Uptown Newport Environmental Review to-date » Proposed Project – description of the proposed amendment to the Uptown Newport Development Agreement.
» EIR Phasing Assumptions and Analysis
» Uptown Newport Development Status
» Proposed Project Consistency Review – review of the currently proposed project with respect to the permitted land uses, environmental analysis and regulatory requirements described in the Uptown Newport EIR as addended.
» Conclusion – summary of whether the proposed project is consistent and within the scope of the Uptown Newport EIR as addended.
~ PLACEWORKS
3 MacArthur Place, Suite 1100 I Santa Ana, California 92707 I 714.966.9220 I PlaceWorks.com Docusign Envelope ID: 31D7EE59-8F74-4EF0-A7ED-80738F276B83 25-55
BACKGROUND – UPTOWN NEWPORT ENVIRONMENTAL REVIEW
The subject property is located in the Airport Area and approximately 25.05 acres in size. The site is surrounded to the north, west, and south by commercial/office uses within the Koll Center Newport office park. Jamboree Road borders the eastern property line and the University of California, Irvine North Campus.
The Uptown Newport Planned Community , among other entitlements, was approved on March 12, 2013, and the original Environmental Impact Report (EIR) was certified on February 26, 2013 (State Clearinghouse No. 2010051094) for the removal existing office and industrial uses and construction of 1,244 residential units, 11,500 square-feet (SF) of neighborhood -serving retail space and approximately two acres of public park in two primary phases. Subsequently, two EIR Addendums were approved as described below:
» Addendum No. 1 to the Uptown Newport EIR – addresses alternative and phasing of the 11,500 square - foot commercial component, which included the elimination of commercial component on Lot 3 of Tract Map 17763 and replacement of 7 additional residential units; relocation of 3,500 square-foot retail use to Lot 2 and 3,000 square -foot retail use to Lot 1 of Phase 1, and remaining commercial component to be developed in Phase 1 and/or Phase 2. Approved March 23, 2017. » Addendum No. 2 to the Uptown Newport EIR – addresses construction of a room/enclosure within an existing building for an existing TowerJazz’s 2,230-gallon anhydrous ammonia tank (alternative mitigation in comparison to EIR). Approved July 28, 2020.
PROPOSED PROJECT
The applicant proposes to extend the terms of TowerJazz’s lease agreement by seeking a 3.5-year extension of the original termination date. This request is to extend the sunset date stated the Development Agreement from March 12, 2027, to September 12, 2030.
» An amendment to the Uptown Newport Development Agreement (3rd amendment) to extend the Sunset date of TowerJazz Semiconductor operations to September 12, 2030.
The proposed project would not alter any of the land uses approved for the project site . Changes would be limited to an extension of the timeline for buildout of the development as assumed in the EIR.
EIR PHASING ASSUMPTIONS AND ANALYSIS
The following are the land use statistics by phase as included in Chapter 3, Project Description, of the Uptown Newport EIR (Table 3.2):
Uptown Newport Land Use Summary (EIR Table 3.2)
Phase 1 Phase 2 Total
Number of Units 680 564 1,244
Developable Area (ac.) 8.65 10.02 18.67
Park Area (ac.) 1.03 1.02 2.05
Retail (sf) 11,500 0 11,500
Right of Way Area (ac.) 2.61 1.72 4.33
Total Area (ac.) 12.29 12.76 25.05
~ PLACEWORKS
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The EIR describes the proposed General Phasing of the project as follows:
The project would be developed in two primary phases, as shown on Figure 3 -6, Site Plan and Phasing Plan, and detailed in Table 3- 2, Land Use Summary. The first phase of the project is projected to commence in 2013 and be completed by 2018. Timing for Phase 2 would be contingent on the existing lease of the TowerJazz building, which is currently set to expire in March 2017, but could be extended to as late as March 2027. This DEIR conservatively assumes that Phase 2 could commence as early as spring 2017 with buildout through 2021.
The operation of the TowerJazz facility, an existing semiconductor manufacturing facility, is expected to continue as an interim use after the development of Phase 1. This DEIR, therefore, addresses the potential impacts of the Phase 1 development (an inte rim condition with 680 residential units and 11,500 square feet of commercial uses) operating adjacent to the TowerJazz facility. Similarly, an SCE substation at the northwest corner of Fairchild Road and Jamboree Road would remain after Phase 1 development and be eliminated during Phase 2 development.
Figure 1-1 shows the approved Phasing Plan for the project . Note that the retail use location in Lot 2 was revised per the March 2017 EIR Addendum to highlight portions to be developed in Phase 1 and Phase 2.
UPTOWN NEWPORT DEVELOPMENT STATUS
As of May 2025, Phase 1 located on the westerly side of the property is nearly completed with a total of 548 units allotted to the following projects that are in various improvement stages:
» One Uptown Newport . a 458- unit apartment project inclusive of 92 affordable units (completed and occupied);
» Parkhouse Residences. a 30-unit condominium project (near completion); » Uptown Newport Residences. a 60-unit condominium project (entitled); and » Phase 1 Park. a one-acre public park (improved and open to public).
None of the retail use has been developed.
After the approval of Uptown Newport Planned Community , the entitlement for 77 Phase 1 units was transferred to the 1300 Bristol residential project within the same statistical area of the City . The remaining entitlement for Uptown Newport Phase 1 unbuilt units is therefore 55 units.
Phase 2 is located on the easterly side of the property and currently occupied by TowerJazz Semiconductor and its ancillary uses. Phase 2 will not be developed until the TowerJazz lease expires , and this use has vacated from the project site . Phase 2 will include the remaining residential uses allocated in Phase 1 (55 units), the 564 units allocated for Phase 2, and the one-acre park and 11,500 SF commercial/retail use.
PROPOSED PROJECT CONSISTENCY REVIEW
As summarized above, development thus far has occurred within the development envelope defined and analyzed for each project phase in the EIR. Also as described, future Phase 2 development is now proposed to include some development originally proposed for Phase 1. With the proposed Development Agreement ~ PLACEWORKS
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Amendment, the next phase, including full build-out of the project, would be extended by approximately 3.5 years in comparison to the description in the EIR.
Although the EIR described the potential TowerJazz lease extension to 2027, inclusive of two 5 -year lease extensions, the EIR analyzed the construction schedule assuming buildout under expiration of the lease in 2017,. It concludes that this would be the most conservative analysis as the impacts would be more concentrated. Under this scenario, it was assumed that there would be some overlap of the construction schedule for the two phases (during 2017 and 2018). Under the 2027 lease expiration, there would be no overlap of the construction phases and related impacts.
As with the extended lease agreement to 2027 considered in the EIR, under the proposed Development Agreement Amendment extending Tower Jazz’s lease until September 12, 20 30, there would be no construction overlap between Phase 1 and Phase 2. This would reduce the impacts as analyzed in the EIR .
For example, the daily maximum air quality and greenhouse gas emissions quantified for the project would be reduced since they would only reflect the maximum daily for activities for each phase independently.
Since there are no land use changes proposed in the Development Agreement Amendment, the project would not affect any of the EIR analysis related to operational impacts (e.g. air quality, GHG, public service, utilities). Similarly, the proposed DA Amendment would not affect the area disturbed by the proposed project or the physical resources that could be impacted. Since none of the Phase 2 land uses would be developed until the TowerJazz facility is vacated and related hazards are remediated as described in the EIR, the lease extension would not alter the impacts as analyzed and mitigated pursuant to the EIR.
Furthermore, approval of the DA Amendment would not alter the findings of the cumulative impact analyses throughout the EIR. Although the full impact of the project would be extended, the total, incremental impact of the project on the environment upon buildout would not change . The net impact would be the same as analyzed in the EIR. Additionally, as the Uptown Newport Planned Community is entitled, the impact contribution of this project has been/will be included in the environmental assessment for future projects as a related project for cumulative analyses.
CONCLUSION
Based on our review as documented above, the proposed revision to the Uptown Newport Development Agreement (3rd Amendment) to extend TowerJazz operations approximately 3.5 years is consistent within the scope of the certified, February 2013, Uptown Newport EIR, as addended, for this project. No additional environmental review pursuant to CEQA is required.
~ PLACEWORKS
Docusign Envelope ID: 31D7EE59-8F74-4EF0-A7ED-80738F276B83 25-58
Phasel
Phase
2 - !"#Wi~ 11 ~IHIIIHII 11Y11m11rnmmmn 15 L...,
I I II II
....
ID □
;□
I~ I µummi. l J 111nnm1 nl
Phase J Phase 2 Total
Number of Units: 680 564 1,244
Developable Area (ac): 8.74 9.72 18.46
-:::_3,:,=,;;::::iJ __ _ _ _ . Park Area (ac): 1.03 1.02 2.05 _:::=~1 •1 t""-•---•:-- W --~ •=;-; :;;~7.:i ~ w ~--w- ~ ,_~ c.T_: r_~_~~-f:_! _~_;:_c_~r-ea-(a-c)_:_~:-~~-~-0--f_t _.i _4 __ ~_:_5~-:_0 _ _., Figure 1-1: Phasing Diagram
100 :IOO'
Docusign Envelope ID: 31D7EE59-8F74-4EF0-A7ED-80738F276B83 25-59