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Home My WebLink About2012-63 - North Newport Center - Transfer of Development IntensityRESOLUTION NO. 2012 -63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE TRANSFER OF DEVELOPMENT INTENSITY (TD2012 -002) FOR NORTH NEWPORT CENTER PLANNED COMMUNITY AMENDMENT PROJECT WHEREAS, the Irvine Company has applied to the City of Newport Beach for an amendment to the North Newport Center Planned Community (NNCPC) Development Plan to allow future development in NNCPC, which consists of seven sub -areas that include Fashion Island, Block 600, Block 800 and portions of Blocks 100, 400, 500, and San Joaquin Plaza of the Newport Center Statistical Area ('Property"). WHEREAS, as part of its application, the Irvine Company requests approval of the amendment to Development Agreement No. DA2007 -002, entitled Amendment to Zoning Implementation and Public Benefit Agreement Between City of Newport Beach and the Irvine Company LLC Concerning Addition of Properties and Residential Units to Zoning Implementation and Public Benefit Agreement (Portions of Newport Center Blocks 100, 400 and 800 and San Joaquin Plaza). WHEREAS, as part of its application, the Irvine Company also requests approval of the transfer of development intensity (TD2012 -002), an amendment to Development Agreement No. DA2007 -002, and an amendment to the NNCPC Development Plan (PD2012 -001) to increase the residential development allocation within the NNCPC from 430 dwelling units to a total of 524 dwelling units (increase of 94 units) and to allocate the units to San Joaquin Plaza. Of the 94 units, 15 of the units are currently allowed by the General Plan, but are unassigned to any specific property; the remaining 79 units would result from the conversion of un -built non - residential development intensity (79 hotel rooms assigned to General Plan Anomaly Site No. 43) to multi - family development intensity (79 multi - family units) and transfer of the converted development intensity into the NNCPC. WHEREAS, General Plan Land Use Policy LU 4.3 lists a number of criteria for transfer of development intensity. In particular, transfer of development intensity in the Newport Center Statistical Area is governed by Policy LU 6.14.3 WHEREAS, General Plan Policy LU 6.14.3 permits development intensity to be transferred within Newport Center, subject to the approval of the City with the finding that the transfer is consistent with the General Plan and that the transfer will not result in any adverse traffic impacts. WHEREAS, a traffic study entitled North Newport Center San Joaquin Plaza TPO Traffic Analysis (Stantec Consulting Services Inc., May, 2012) was prepared for the application and approved by the City Council on July 24, 2012, by Resolution No. 2012 -64. The traffic study supports the transfer of development intensity in compliance with General Plan Policy LU 6.14.3. SD \847835.1 WHEREAS, the traffic study found that consistent with General Plan Policy LU 6.14.3, the transfer of development intensity will not result in any adverse traffic impacts. WHEREAS, a trip generation analysis was prepared by Stantec Consulting Services, Inc. (dated May 16, 2012) to compare the trip generation of the un -built 79 hotel rooms and the proposed 79 multi - family residential units to ensure the proposed conversion would not result in a net increase of development intensity. The analysis concludes that 79 residential units would generate 17 fewer AM peak hour vehicle trips, 17 fewer PM peak hour vehicle trips, and 315 fewer daily vehicle trips than the 79 hotel rooms, demonstrating that the transfer of development intensity will not result in greater intensity than development allowed without the transfer. WHEREAS, the Planning Commission held a public hearing on July 5, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the Planning Commission considered all project - related applications, including Transfer of Development Intensity No. TD2012 -002, the amendment to Development Agreement No. DA2007 -002, as well as the traffic study and trip generation comparison. A notice of time, place, and purpose of the meeting was duly given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. At the conclusion of the hearing and after considering the evidence and arguments submitted by the City staff, the Irvine Company, and all interested parties, the Planning Commission adopted a resolution recommending approval of the transfer of development intensity by majority vote. WHEREAS, the City Council held a public hearing on July 24, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the City Council considered all project - related applications, including Transfer of Development Intensity No. TD2012 -002, the amendment to Development Agreement No. DA2007 -002, as well as the traffic study and trip generation comparison. A notice of time, place, and purpose of the meeting was duly given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the City Council at this meeting, including the evidence and arguments submitted by the City staff, the Irvine Company, and all interested parties. WHEREAS, the City Council finds that: (1) Consistent with General Plan Policy LU 6.14.3, the transfer of development intensity is consistent with the General Plan in that it relocates un -built development intensity within Newport Center, maintaining the balance of uses set forth in the General Plan for Newport Center. The Newport Beach Marriott Hotel site (Anomaly Site No. 43) has a General Plan Land Use designation of Visitor Serving Commercial (CV) and the reduction of allowable development intensity by 79 hotel units would not result in any physical changes at the site nor would it result in a change in land use. The hotel would continue operating with 2 SD \847835.1 532 rooms and serve visitors to the City consistent with the intent of the General Plan's CV land use designation. The San Joaquin Plaza is within the NNCPC and is designated MU -H3 (Mixed Use Horizontal), which allows residential uses. Both the General Plan and the NNCPC Development Plan identify the San Joaquin Plaza for potential development with multi - family residential uses. Therefore, the proposed conversion and transfer of development intensity can be found consistent with the General Plan. (2) Consistent with General Plan Policy LU 6.14.3, the transfer of development intensity will not result in any adverse traffic impacts, as documented in the traffic study. (3) Consistent with General Plan Policy LU 6.14.3, the transfer of development intensity will not result in greater intensity than that which is allowed without the transfer, as documented in the trip generation comparison. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach does hereby approve Transfer of Development Intensity TD2012 -002, based on the weight of the evidence in the administrative record including the traffic and trip generation studies. 2. This Resolution shall not go into effect until the City Council approves or adopts all of the following: (1) the amendment to the North Newport Center Planned Community Affordable Housing Implementation Plan; (2) Planned Community Development Plan Amendment No. PD2012 -001; and (3) the amendment to Development Agreement No. DA2007 -002, entitled Amendment to Zoning Implementation and Public Benefit Agreement Between City of Newport Beach and the Irvine Company LLC Concerning Addition of Properties and Residential Units to Zoning Implementation and Public Benefit Agreement (Portions of Newport Center Blocks 100, 400 and 800 and San Joaquin Plaza. 3. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 4. This resolution was approved, passed and adopted at a regular meeting of the City Council of the City of Newport- Beach,,held n the 20 day of July, 2012. ATTEST: �& �, I�UYV� CITY CLERK MA 3 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 resolution, being Resolution No. 2012 -63 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 24° ay of July, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner Noes: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25° day of July, 2012. City Clerk Newport Beach, California (Seal)