The URL can be used to link to this page

Home My WebLink About2010-70 - 3501 Jamboree & 301 Bayview Circle - PA2010-062RESOLUTION NO. 2010 -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FINDING THAT TRAFFIC STUDY NO. TS2010 -002 COMPLIES WITH THE TRAFFIC PHASING ORDINANCE FOR THE CONVERSION OF 38,759 SQUARE FEET OF EXISTING GENERAL OFFICE AND RETAIL SPACE TO AN OUTPATIENT SURGICAL CENTER LOCATED AT 3501 JAMBOREE ROAD AND 301 BAYVIEW CIRCLE (PA2010 -062) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Rick Wood on behalf of SK Hart Bayview LLC., with respect to property located at 3501 Jamboree Road and 301 Bayview Circle, and legally described as Lot 3, Tract 12528 and Lot 7 Tract 12528 requesting approval of a Planned Community Amendment No. PD2010 -004 and a traffic study pursuant to the City's Traffic Phasing Ordinance. 2. A traffic study has been prepared pursuant to the Traffic Phasing Ordinance for the conversion of 38,759 square feet of existing general office and retail space to an outpatient surgical center including an imaging center, administrative offices, and a soft- tissue physical therapy center. 3. The Planning Commission conducted a public hearing on June 3, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California and adopted a resolution recommending that the City Council find that, based on the weight of the evidence in the administrative record, including Traffic Study No. TS2010 -002, and finding that the Project complies with the Traffic Phasing Ordinance. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 4. A public hearing was held on June 22, 2010 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). 2. The proposed amendment which authorizes the conversion of existing general office space to an outpatient surgical center and supporting medical offices allows only a negligible expansion of the use. Sufficient parking is provided on site and the traffic study indicates that the project will not create a significant traffic impact. SECTION 3. REQUIRED FINDINGS. 1. Municipal Code Chapter 15.40 (Traffic Phasing Ordinance, or TPO) requires that a traffic study be prepared and findings be made before building permits may be approved for projects that will generate an excess of 300 average daily trips (ADT). For the purposes of preparing the traffic analysis for this project, 38,759 square feet of medical office use was used as the project size and was forecasted to generate 722 additional trips per day, including 31 additional a.m. peak -hour trips and 53 additional p.m. peak -hour trips: Finding: A. That a traffic study for the project has been prepared in compliance with this chapter and Appendix A. Facts in Support of Finding: A -1. A traffic study, entitled 'Traffic Impact Analysis Bayview Plaza — PC 32 Amendment Newport Beach, California dated May 14, 2010" was prepared by LSA Associates, Inc., under the supervision of the City Traffic Engineer pursuant to the TPO and its implementing guidelines (Attachment No. PC3). A -2. Pursuant to the TPO, only primary intersections in the City of Newport Beach are required to be analyzed; however, for the purposes of assessing project - related impacts pursuant to CEQA, the traffic analysis also analyzed intersections in the City of Irvine and included a cumulative impact analysis. Based on consultation between staff of the Cities of Newport Beach and Irvine, a total of 29 intersections were evaluated. Finding: B. That based on the weight of the evidence in the administrative record, including the traffic study, one of the findings for approval in subsection (B) can be made: 15.40.030.8.1 Construction of the project will be completed within 60 months of project approval, and 15.40.030.B. 1(a) The project will neither cause nor make an unsatisfactory level of traffic service at any impacted intersection. Facts in Support of Finding: B -1. If the project is not completed within sixty (60) months of this approval, preparation of a new traffic study will be required. However, the project is anticipated to open in 2010. B -2. The traffic study included twenty -one primary intersections within the City of Newport Beach and eight intersections within the City of Irvine. B -3. The traffic study indicates that the project is forecast to contribute one percent (11%) or more to the traffic volume at five primary intersections within the City of Newport Beach during peak hour periods one year after the completion of the project. These intersections required further analysis. In addition, all of the identified intersections within the City of Irvine (including three shared intersections between Newport Beach and Irvine) required further analysis. B -4. Utilizing the Intersection Capacity Utilization (ICU) analysis specified by the Traffic Phasing Ordinance determined that the five primary intersections within the City of Newport Beach and the eight intersections within the City of Irvine (including the three shared intersections between the City of Newport Beach and the City of Irvine) will continue to operate at satisfactory levels of service as defined by the Traffic Phasing Ordinance, and no mitigation is required. B -5. Based on the weight of the evidence in the administrative record, including the traffic study, the implementation of the proposed project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City of Newport Beach. Finding: C. That the project proponent has agreed to make or fund the improvements, or make the contributions, that are necessary to make the findings for approval and to comply with all conditions of approval. Facts in Support of Finding: C -1. Since implementation of the proposed project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City of Newport Beach, no improvements or mitigations are necessary. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach does hereby find that traffic study TS No. 2010 -002 complies with the Traffic Phasing Ordinance and based on the weight of the evidence in the administrative record the construction of the Project will be completed within 60 months of project approval, the Project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection, and no improvements or mitigations are necessary. PASSED, APPROVED AND ADOPTED THIS 22ND DAY OF JUNE, 2010. ATTEST: " V b M� CITY CLERK ` MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2010 -70 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 22nd day of June, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of June, 2010. a4t;' - bx�- City Clerk Newport Beach, California (Seal)