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HomeMy WebLinkAbout13 - Transfer of Development Rights within the North Newport Center Planned Community (PA2014-212)CTY OF F NEWPORT BEACH City Council Staff Report February 24, 2015 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director — (949) 644-3226, kbrandt@newportbeachca.gov PREPARED BY: James Campbell, Principal Planner PHONE: (949) 644-3210, jcampbell@newportbeachca.gov TITLE: Transfer of Development Rights within the North Newport Center Planned Community (PA2014-212) ABSTRACT: A request for City Council authorization to transfer development rights among Block 100, Block 500, Block 600, and Fashion Island within the North Newport Center Planned Community as permitted by the General Plan and zoning regulations. RECOMMENDATION: a) Find the proposed transfer of development rights is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15268 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, which exempts ministerial projects from the requirements of CEQA; and b) Adopt Resolution 2015-13, A Resolution of the City Council of the City of Newport Beach Approving the Transfer of Development Rights No. TD2014-002 within the North Newport Center Planned Community (PA 2014-212) (Staff Report Attachment CC1), approving the following transfers of development rights: 1) 83,453 square feet of regional commercial intensity from Fashion Island to Block 100; 2) 16,500 square feet of theater seat intensity from Fashion Island to Block 100; 3) 12,656 square feet of regional commercial intensity from Fashion Island to Block 600; and 4) 134 square feet of general office intensity from Block 500 to Block 600. FUNDING REQUIREMENTS: There is no budgetary impact related to this item. 13-1 DISCUSSION: Project Setting and Description The proposed transfers are located within Newport Center in Statistical Area L1 and are occurring among the Block 100, Block 500, Block 600, and Fashion Island sub -areas as shown on Attachment CC2. The Irvine Company proposes to transfer 83,453 square feet of regional commercial intensity from Fashion Island to Block 100; 16,500 square feet of theater seat intensity from Fashion Island to Block 100; 12,656 square feet of regional commercial intensity from Fashion Island to Block 600; and 134 square feet of general office intensity from Block 500 to Block 600. The Draft Tracking Table (Attachment CC3) provides the entitlements for each sub -area and the proposed transfer information. Background In December 2007, the City Council adopted the North Newport Center Planned Community Development Plan and Design Regulations ("PCDP") and a Zoning Implementation and Public Benefit Agreement ("Zoning Agreement") with the Irvine Company. The PCDP and Zoning Agreement are intended to implement land use changes authorized by the 2006 General Plan and provide vested rights to the Irvine Company and public benefits to the City. The Zoning Agreement has the effect of a Development Agreement. The PCDP has been amended twice. The first amendment was to add portions of Blocks 100, 400, and 800 to the PCDP, and the second amendment was to add the remainder of Block 800 and to increase the number of residential units to accommodate the development of 524 apartments at the former San Joaquin Plaza site. Additionally, the City Council has authorized several transfers of development rights between the various sub -areas pursuant to General Plan Policy LU 6.14.3 and provisions of the PCDP (Attachment CC4). The previous transfers authorized the construction of the two new office towers in Newport Center at the expense of San Joaquin Plaza (now demolished), all of Irvine Company's ownership in Block 100, and the 24 -Hour Fitness facility located in Block 600. Pursuant to Section 6.1 of the Zoning Agreement, the Irvine Company must demolish or render non -habitable any existing building square footage that is transferred to a new use before it can obtain final building approval or a certificate of occupancy for the square footage transferred to that new use. This procedure ensures that building intensity does not exceed General Plan limitations. The Irvine Company executed an agreement with the City to vacate 121,114 square feet in Block 100 and 17,300 square feet in Block 600 (24 -Hour Fitness facility) when the office tower at 520 Newport Center Drive is ready for occupancy later this year. The purpose of the subject transfer is to reoccupy five of the six existing office buildings in Block 100 that have been vacated, and to allow for the reuse of the 24 -Hour Fitness facility. Analysis General Plan Policy LU 6.14.3 and the transfer procedures of the PCDP provide that development rights may be transferred through a change in location and/or a conversion of nonresidential use to another nonresidential use allowed by the General Plan or the PCDP. The General Plan designates Block 100 sub -area as CO -R (Regional Commercial Office) which provides for administrative and professional offices that serve local and regional markets with limited accessory retail, financial, service, and entertainment uses. Blocks 500 and 600 sub -areas are designated as MU -H3 (Mixed Use Horizontal) which allows regional commercial office uses and residential uses. The Fashion Island sub -area is designated CR (Regional Commercial) and provides retail, entertainment, service, and supporting uses that serve local and regional residents. The proposed transfer includes the conversion of land uses on a square foot basis, except theater use is allocated 16.1765 square feet per seat pursuant to Section IV.C.4 of the PCDP. The transfer includes: 1. 83,453 square feet of regional commercial intensity from Fashion Island to Block 100; 2. 16,500 square feet of theater seat intensity from Fashion Island to Block 100; 3. 12,656 square feet of regional commercial intensity from Fashion Island to Block 600; and 4. 134 square feet of general office intensity from Block 500 to Block 600. 13-2 The proposed transfers and the associated uses are existing and are consistent with the General Plan Section IV.0 of the PCDP outlines the procedure for transfers and designates the City Council as the review authority. A traffic analysis is required to determine the total number of PM peak hour trips that would be generated with and without the transfer. If the transfer involves a conversion from one land use to another, an intensity analysis is required to determine the floor area that could be developed with and without the transfer. The transfer is a ministerial action and the procedures require the City Council to approve the transfer if it results in no greater traffic impact and no greater intensity (floor area) of land use. The City retained Stantec Consulting Services Inc. to evaluate the trip generation of the proposed transfer and prepare a peak hour trip transfer analysis. The Stantec report (Attachment CC5) concludes that the proposed transfer would result in a small reduction of peak hour trips. As shown in Table 2 of the report, a total of 3,481 PM Peak Hour trips would be generated before the transfer and a total of 3,461 PM Peak Hour trips after the transfer. Therefore, no adverse traffic impacts will result from the transfer. The effect of the transfers will allow the reuse of the 24 -Hour Fitness facility and re -occupancy of 99,953 square feet of Block 100 leaving one, 21,161 square foot building, non -habitable. The non -habitable building will remain unoccupied, secured, and maintained by the Irvine Company to avoid blighting factors. The Irvine Company has the option to demolish the building or identify a subsequent transfer of development rights to re -occupy the building. Another option would be to apply for a General Plan Amendment to increase development in Newport Center to account for the building. ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15268 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, which exempts ministerial projects from the requirements of CEQA. The term ministerial is defined in Section 15369 as a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. The transfer of development rights in the North Newport Center Planned Community is a ministerial action under CEQA because it only involves application of fixed standards. The North Newport Center Planned Community Development Plan explicitly states that applications for transfer of development rights shall be considered by the City Council as a ministerial action. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice of this meeting was also published in the Daily Pilot and the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website. ATTACHMENTS: Description Attachment CC1 - Resolution Approving TD2014-002 Attachment CC2 - Map Exhibit of North Newport Center Planned Community Attachment CC3 - Draft Tracking Table Attachment CC4 - General Plan Policy LU 6.14.3 & PCDP Transfer Procedure Attachment CC5 - Stantec Consulting Trip Transfer Analysis 13-3 Attachment M Resolution Approving TD2014-002 13-4 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING THE TRANSFER OF DEVELOPMENT RIGHTS NO. TD2014-002 WITHIN THE NORTH NEWPORT CENTER PLANNED COMMUNITY (PA 2014- 212) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by The Irvine Company, LLC ("Irvine Company"), with respect to property located within the North Newport Center Planned Community requesting approval of a transfer of development rights. 2. The applicant proposes the transfer of 83,453 square feet of regional commercial intensity from Fashion Island to Block 100; 16,500 square feet of theater seat intensity from Fashion Island to Block 100; 12,656 square feet of regional commercial intensity from Fashion Island to Block 600; and 134 square feet of general office intensity from Block 500 to Block 600. 3. The General Plan designates Block 100 sub -area as CO -R (Regional Commercial Office) that is intended to provide for administrative and professional offices that serve local and regional markets with limited accessory retail, financial, service, and entertainment uses. Blocks 500 and 600 sub -areas are designated as MU -H3 (Mixed Use Horizontal), which allows regional commercial office uses and residential uses. The Fashion Island sub -area is designated CR (Regional Commercial) and is intended to provide retail, entertainment, service, and supporting uses that serve local and regional residents. 4. The subject properties are not located within the coastal zone. 5. General Plan Policy LU 6.14.3 permits development rights to be transferred within Newport Center as long as the transfer is consistent with the intent of the General Plan and will not result in any adverse traffic impacts. 6. The Newport Center Planned Community Development Plan includes procedures that implement General Plan Policy LU 6.14.3. 7. The North Newport Center Planned Community Development Plan transfer implementation procedures provide that the City Council shall approve a transfer of development rights if it finds that the transfer will result in no more PM peak hour trips and no greater intensity of land use than the development allowed without the transfer. 8. Section IV(C)(5) of the North Newport Center Planned Community Development plan provides that applications for the transfer of development rights are considered by the City Council as a ministerial action. 13-5 City Council Resolution No. 2 of 3 9. A trip transfer analysis titled North Newport Center Trip Transfer No. 7 (Stantec Consulting Services Inc., January 22, 2015) was prepared for the application for the transfer of development rights in compliance with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan. 10. The proposed transfer includes the conversion of land uses on a square foot per spare foot basis except that theater use is allocated 16.1765 square feet per seat pursuant to Section IV(C)(4) of the North Newport Center Planned Community Development Plan. The conversion and transfer of unbuilt regional commercial intensity and theater use from Fashion Island to Block 100 allows the re -occupancy of existing office development and the reuse of an existing fitness facility in Block 600. Additionally, unbuilt office intensity from Block 500 would be converted and transferred to Block 600 to allow reuse of existing fitness facility. Each conversion results in uses that are existing and consistent with the General Plan land use designation applicable to the property upon which they are located. 11. The trip transfer analysis found that the current entitlement would generate a total of 3,481 PM Peak Hour trips before the transfer and a total of 3,461 PM Peak Hour trips after the transfer. Based on the results of the analysis, Stantec and the City Traffic Engineer have determined that no adverse traffic impacts will result from the transfer. 12. A public meeting was held on February 24, 2015, in the City Hall Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. Notice of this hearing was also published in the Daily Pilot and the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15268 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, which exempts ministerial projects from the requirements of CEQA. CEQA Guidelines Section 15369 defines the term "ministerial' as a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. The transfer of development rights in the North Newport Center Planned Community is a ministerial action under CEQA because it only involves application of fixed standards. SECTION 3. FINDINGS. THE CITY COUNCIL FINDS THAT: Consistent with General Plan Land Use Policy LU 6.14.3, the transfer is consistent with the intent of the General Plan and the transfer will not result in any adverse traffic impacts. 13-6 City Council Resolution No. 3of3 2. Consistent with the North Newport Center Planned Community Development Plan, the transfer will result in no greater intensity of land use and no greater traffic impact than the development allowed without the transfer. SECTION 4. DECISION. NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: The City Council of the City of Newport Beach hereby approves Transfer of Development Rights No. TD2014-002 (PA2014-212) consisting of the transfer of 83,453 square feet of regional commercial intensity from Fashion Island to Block 100; 16,500 square feet of theater seat intensity from Fashion Island to Block 100; 12,656 square feet of regional commercial intensity from Fashion Island to Block 600; and 134 square feet of general office intensity from Block 500 to Block 600. SECTION 5. SEVERABILITY If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. This resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution. ADOPTED this day of 2015. Edward D. Selich, Mayor ATTEST: Leilani I Brown, City Clerk 13-7 Attachment CC2 Map Exhibit of North Newport Center Planned Community 13-8 v 6.m Jaaga�in e'�araSANTA CRUZ DR 413, 9 - __ v IYIa�F a Oq /bck Y� afDO � SANTA ROSA DR Rnr•h� henna acee< Rseianwa! Cr•newr iblai �� j• �� a W� Oa ;ti A00 e ❑forth Newport Center Planned Community 13-9 Attachment CC3 Draft Tracking Table 13-10 Tracking Development Rights North Newport Center Planned Community Date: December 22, 2014 Tracking No: TD2015-1 Brief description of action: Transfer of 99.953 situate feet from Fashion Island to Block 100, Transfer 12.656 square feet from Fashion Island to Block 600 and 134 square feet from Block 500 to Block 600 Per City Council Resolution 2015 - Sub -Area Entitlement Existing Development Remaining Entitlemenf Donor Transfer Recipient Suspended Square Demolish Footage' Entitlement Post Transfer Existing Development Remaining Entitlement Fashion Island Regional Commercial 1,619,525 1,519,114 100,411 96 109 1,523,416 1,519,114 4,302 Theatre Seats' 1,700 680 1,020 (16,500 sq 16,500 680 680 0 Block 100 0 0 0 (83,453,16,500)99,953 21,161 99,953 99,953 0 Block 400 91,727 91,727 0 91,727 91,727 0 Block 500 Office/Commercial 1 599,659 599,525 134 3d 599,525 599,525 0 Residential Units 0 D 0 1 0 0 0 Block 600 OfficalCommerciap 1,507,537 1,298,109 2,218°,2,2921 (12,656+184)12,790 1,600.327 1,298,109 17,300 Hotel Rooms 295 295 0 295 295 0 Residential Units 0 0 0 0 0 0 Block 600 Office/Commercial 286,166 286,166 0 286,166 286,166 0 Residential Units 245 245 0 245 245 0 San Joaquin Plaza Offce/commercal 95,550 95,550 0 241,711 95,550 95,550 0 Residential Units 524 0 524 524 q 1 524 The table above Is intended to track development within the North Newport Center Planned Community district. The table shall be submitted to the City of Newport Beach In conjunction with building permll applicallons. The table shall be updated following Issuance of Certifcate of Occupancy to ensure any discrepancies between the development permitted and the development constructed are renemed. The Zoning Implementation and Public Benefit Agreement addresses the transfer of development rights from existing buildings to new buildings. The relevant language appears In Section 6.1 won development agreement as follows: Notwithstanding any other provision in this Agreement to the contrary, if at any time during the Tenn of this Agreement, Landowner transfers a development right Thom a building or buildings anywhere within the Property to any other building within the property, the building(s) from which the development right is trensfened must be demolished and elected or transformed into an authorized non -habitable use that does not count as development intensity under the General Plan before Landowner can obtain final building permit approval ora certificate ofoccupancy for the new building(s). ' The suspended square footage column indicates square footage that is slated for conversion to non -habitable use. Once this square footage is converted to a non -habitable use it will be moved from the suspended square footage column into doe demolish column. ' 1,70 Theatre Seats equates to 27.500 Regional Commercial square feel, per the North Newport Center Pleoned Community Development Plan s The General Plan entitlement figure includes allocations for hotel square footage, which is not represented in the Existing Development or Remaining Development columns. Fallowing C of O for 650 Newport Center Drive, square footage adjustments occurred, deducting square footage for doe two level anditoriom and adding square footage for the Engineering Office located in the parking structure at 670 Newport Center Drive. These adjustments resulted m 2,218 square feet remaining in Block 600. ` Existing accessory uses consisting of onsite cafes at 610 Newport Center Detre (Java Cafe - 1,582 square feet) and 660 Newport Center Drive (Le Petit Caf6- 710 square feet). CAA Planning City Acknowledgement Signature Date Title 13-11 Attachment CC4 General Plan Policy LU 6.14.3 & PCDP Transfer Procedure 13-12 Land Use Element LM LU 6.14 A successful mixed-use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the subregion, with expanded opportunities for residents to live close to jobs, commerce, entertainment, and recreation, and is supported by a pedestrian -friendly environment. Policies LAND USES [refer to Figure LU2 1] LU 6.14.1 Fashion Island 1"CR"designation) Provide the opportunity for an additional anchor tenant, other retail, and/or entertainment and supporting uses that complement, are integrated with, and enhance the economic vitality of existing development. A maximum of 213,257 square feet of retail development capacity specified by Table LU2 (Anomaly Locations) may be reallocated for other permitted uses in Newport Center, provided that the peak hour vehicle trips generated do not exceed those attributable to the underlying retail entitlement. The Planning Director shall revise this number upon approval of the transfer or conversion of the retail development capacity with approval by the City Council. (Imp 2.1) LU 6.14.2 Newport Center [AMU -H3," "CO -R," "CO -M, "and "RM"designations/ Provide the opportunity for limited residential, hotel, and office development in accordance with the limits specified by Tables LU1 and LU2. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.14.3 Transfers of Development Rights Development rights may be transferred within Newport Center, subject to the approval of the City with the finding that the transfer is consistent with the intent of the General Plan and that the transfer will not result in any adverse traffic impacts. (Imp 2.1) LU 6.14.4 Development Scale Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. (Imp 2.1, 3.1, 4.1) LU 6.14.5 Urban Form Encourage that some new development be located and designed to orient to the inner side of Newport Center Drive, establishing physical and visual continuity that diminishes the dominance of surface parking lots and encourages pedestrian activity. (Imp 2.1, 3.1, 4.1) Newport Beach General Plan 13-13 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations 1. Fashion Island The total gross floor area for Fashion Island is 1,619,525 square feet plus 1,700 movie theater seats. The movie theater building area is equivalent to and may be converted to 27,500 square feet of retail development. The conversion of the movie theater to retail space shall not require any additional parking. The gross floor area for Regional Commercial development is the total horizontal floor area of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered parking, driveways or loading areas. 2. Mixed -Use Sub -Areas The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 524 residential units and 295 hotel rooms are permitted within the Mixed -Use blocks. Residential and hotel uses are measured on a per unit basis. The gross floor area for all other permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Development limits for residential uses are based on unit counts, and are not within square footage limits. Support uses are not included in the square footage development limits and shall not require parking. 3. Commercial Office Blocks The maximum development limit for the commercial office blocks is specified in Table 2 above. The gross floor area for all permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Support uses are not included in the square footage development limits and shall not require parking. 4. Block 800 Residential The maximum number of dwelling units for multi -family residential use shall not exceed 245. C. Transfer of Development Rights The transfer of development rights among sub -areas of this Planned Community and to/from other areas in the Newport Center/Fashion Island District identified in the General Plan is allowed in accordance with the General Plan. Development rights may be transferred through a change in location of use(s) and/or a conversion of non-residential use to any other non-residential use allowed by the General Plan and this Planned Community Development Plan or applicable zoning at the receiving site(s). Residential use may be relocated, but may not be converted to or from another use. The transfer of development rights shall be approved, as specified in Section IV.0 below, if the transfer will not result in any adverse traffic impacts and will not result in greater intensity than development allowed without the transfer. North Newport Center Planned Community Development Plan 13 7/24/12 13-14 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration 3. Review and Action Submittals shall be reviewed by the Planning Director, and the Planning Director shall approve the project if he/she makes the following findings: a. The proposed use and/or development is consistent with the General Plan. b. The proposed use and/or development is consistent with the North Newport Center PC Development Plan and Design Regulations. The Planning Director shall notify the Planning Commission and City Council if deviations from the height limit are approved. The Planning Director action is the final action unless appealed in accordance with the Municipal Code. B. Process for New Signs Applications for new signs shall follow the process identified in the Municipal Code. Submittal shall be reviewed for consistency with the Development Plan and Design Regulations. C. Transfer of Development Rights The following procedure shall be used for the transfer of development rights. The project applicant shall submit an application to the Planning Director, which identifies the quantity of entitlement (floor area, hotel rooms, theater seats) to be relocated, and the sending and receiving sites. If the requested transfer includes the conversion of non-residential uses, the application shall also identify the quantity of entitlement, by use category, before and after the transfer. 2. The City Traffic Engineer shall perform a traffic analysis to determine the total number of PM peak hour trips that would be generated by development allowed with and without the transfer. Trip generation rates shall be based on standard trip generation values in the current version of ITE's "Trip Generation," unless the Traffic Engineer determines that other rates are more valid for the uses involved in the transfer. 3. Depending on the location of the sending and receiving sites, the Traffic Engineer may determine that a more detailed traffic analysis is required to determine whether adverse traffic impacts will result from the transfer. This analysis shall demonstrate whether allowed development, with and without the transfer, would either cause or make worse an unsatisfactory level of service at any primary intersections for which there is no feasible mitigation. This analysis shall be consistent with the definitions and procedures contained in the Traffic Phasing Ordinance of the Municipal Code, except that "unsatisfactory level of service" shall be as specified in the General Plan. 4. If the transfer request involves the conversion of uses, the Planning Director shall perform a land use intensity analysis to determine the floor area that could be developed with and without the transfer. For purposes of this analysis, theater use shall be allocated 16.1765 square feet per seat. Hotel use shall be allocated the number of square feet per room at which it is included in the General Plan. When the General Plan does not specify intensity for hotel rooms, it shall be as determined by the Planning Director. North Newport Center Planned Community Development Plan 7/24/12 26 13-15 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration 5. Applications for transfer of development rights shall be considered by the City Council as a ministerial action. The City Council shall approve a transfer of development rights if it finds that the transfer will result in no more trips and no greater intensity of land use than the development allowed without the transfer. In addition, if the traffic study in Subsection c. is required, the City Council shall approve the transfer if it results in no greater traffic impact than the development allowed without the transfer. North Newport Center Planned Community Development Plan 7/24/12 27 13-16 Attachment CC5 Stantec Consulting Trip Transfer Analysis 13-17 North Newport Center Trip Transfer No. 7 City of Newport Beach (3 Stantec Prepared for: City of Newport Beach Prepared by: Stantec Consulting Services Inc. January 22, 2015 13-18 Sign -off Sheet This document entitled North Newport Center Trip Transfer No. 7 was prepared by Stantec Consulting Services Inc. ("Stantec") for the account of City of Newport Beach (the "Client") Prepared by 11A�— (signature) Cathy Lawrence, PE (949)923-6064 Reviewed by signature) Daryl Zerfass, PE, PTP (949)923-6058 5) Stantec 13-19 NORTH NEWPORT CENTER TRIP TRANSFER NO. 7 Table of Contents 1.0 INTRODUCTION................................................................................................................1 2.0 BACKGROUND.................................................................................................................1 3.0 ANALYSIS..........................................................................................................................3 4.0 CONCLUSIONS.................................................................................................................b LIST OF TABLES Table 1 North Newport Center Trip Transfer History..................................................................2 Table 2 Before and After Trip Generation Comparison...........................................................5 LIST OF FIGURES Figure 1 Entitlement Transfer Diagram........................................................................................4 Stantec 13-20 NORTH NEWPORT CENTER TRIP TRANSFER NO. 7 Introduction January 2015 1.0 INTRODUCTION Transfers of entitlement are allowed between blocks in North Newport Center by the existing Development Agreement as long as the PM peak hour trips being transferred remain "trip neutral' (i.e., no new trips are created). The Irvine Company is proposing to re-establish entitlement for a health club in Block 600 and re-establish entitlement for office space in Block 100, and is proposing to transfer trips from unbuilt entitlements in other Blocks in order to remain trip neutral. This is the seventh such trip transfer proposed since the North Newport Center Zoning was established in 2007. 2.0 BACKGROUND The previous six trip transfers have occurred over several years. Table 1 summarizes the history of trip transfer numbers 1 through 6. The last trip transfer (Trip Transfer No. 6) consisted of converting entitlement for 79 hotel rooms to 79 dwelling units and transferring the entitlement for those 79 dwelling units and 15 additional dwelling units to San Joaquin Plaza for a total of 94 dwelling units. Trip Transfer No. 5 consisted of transferring 288,975 square feet of office development entitlement out of San Joaquin Plaza and Block 600 and into Block 500, as well as transferring 430 unbuilt entitled dwelling units out of Block 500 and into San Joaquin Plaza. Trip Transfer No. 4 consisted of relocating 75,878 square feet of existing office space from Block 100 to San Joaquin Plaza, transferring 45,236 square feet of office entitlement from Block 100 to Block 600, and transferring 430 unbuilt entitled dwelling units from San Joaquin Plaza to Block 500. A previous transfer (Trip Transfer No. 3) moved 165,833 square feet of the 241,711 square feet entitlement (moved in Trip Transfer No. 2) back to San Joaquin Plaza. Trip Transfer No. 1 and the City Hall trip transfer resulted in an increase of office space in Block 500, which was later removed in Trip Transfers 2 and 3, and a decrease in office space and hotel rooms in Block 600, which was replaced with additional office space in later trip transfers. ® Stantec d v:\2073\active\2073009050\report\rpt_newport_ctr_Mp_transferTdocx 13-21 NORTH NEWPORT CENTER TRIP TRANSFER NO. 7 Background January 2015 Table 1 North Newport Center Trip Transfer History ® Stantec C1 v \2073\active\2073W9050\report\rpt_newport ctr tnp_ ransfer7.docx 13-22 Office Trip Rate Transfer Date Block 100 Block 500 Block 600 San Joa ufn Plaza Other Source +205.161 TSF Office -42.036 TSF Office 1 Nov 2007 +72.000 TSF Cit Hall -195 Rm Hotel 1 -72.000 TSF City Hall Cit Hall Jul 2008 +96.428 TSF Office 1 +327.467 TSF Office -241.711 TSF Office 2 June 2009 -85.756 TSF Office -430 DU +430 DU 2 3 Dec 2009 -215.833 TSF Office +50.000 TSF Office +165.833 TSF Office 2 +75.878 TSF Office 4 Sept 2010 -121.114 TSF Office +430 DU +45.236 TSF Office -430 DU 3 +288.975 TSF Office -241.711 TSF Office 5 Sept 2011 -430 DU -47.264 TSF Office +430 DU 3 -79 Hotel Rms (Marriott site) -15 DU (The Tennis 6 May 2012 +94 DU Club site Total Existing 95.550 TSF Office Entitlement 0.00 TSF Office1 599.659 TSF Office 1,298.109 TSF Office 524 DU Existing office buildings in Block 100 are currently without entitlement. Source: 1 - Trip estimates based on applying the ITE Office equation to existing office square footage (408 TSF) and proposed office square footage (614 TSF), and calculating the PM rate (1.12/TSF) based on the square footage increment (206 TSF). 2 - Trip estimates based on ITE Office equation applied to final square footage in each Block, with the exception of Son Joaquin Plaza which used the ITE Office average rate of 1.49/TSF. 3 - Trip estimates for Block 100 based on ITE Office average rate (1.49/TSF), Block 500 and Block 600 based on ITE Office equation applied to 310 TSF and 1,300 TSF, respectively, and San Joaquin Plaza based on rate approved June 9, 2009 (1.30/TSF). ® Stantec C1 v \2073\active\2073W9050\report\rpt_newport ctr tnp_ ransfer7.docx 13-22 NORTH NEWPORT CENTER TRIP TRANSFER NO. 7 Analysis January 2015 3.0 ANALYSIS The current proposal consists of transferring office, retail, and theater entitlement within North Newport Center and converting some of it to health club space and some to office space. The details of the proposed trip transfer are as follows: 1. Transfer 12,656 square feet of regional retail entitlement from Fashion Island to Block 600 for Health Club use. 2. Transfer 134 square feet of office entitlement from Block 500 to Block 600 for Health Club use. 3. Transfer 83,453 square feet of regional retail entitlement and 1,020 theater seats (16,500 square feet) from Fashion Island to Block 100 Office use. 4. Convert 4,510 square feet unbuilt office entitlement in Block 600 to Health Club use in Block 600. The proposed transfer of entitlement is illustrated schematically in Figure 1. Table 2 summarizes the before and after trip generation for the proposed trip transfer. Since the Institute of Transportation Engineers (ITE) PM peak hour trip rate for a small office complex is different than that for larger office buildings, different trip rates have been applied to the office uses in different Blocks (i.e., the PM peak hour trip rate for office space in Block 100 is higher than the rates for offices in Block 500 and Block 600). The resulting trip generation of the proposed transfer is less than the trip generation of the existing entitlement, and the project ends up with a trip credit of 20 PM peak hour trips. A potential impact could occur if there were to be any significant change in trip distribution. The trip distribution impact of the transfer is projected to result in no significant change since the shifting of future trips literally across the street from Fashion Island or Block 500 to Block 100 and Block 600 within North Newport Center will not create any significant redistribution of trip patterns. ® Stantec d v:\2073\active\2073009050\report\rpt_newport_ctr_Mp_transferTdocx 13-23 s 1 a'tc o an men • a, s 9 � aJ • w i ✓ ;".. �`-� _ r,.- 11 V son NY9u in LEGEND, ( Proposed transfer of 12,656 sf Retail space to Health Club space (2) Proposed transfer of 134 sf Office space to I v o Health Club space :;, (3) Proposed transfer of 83,453 sf Retail space and; 1,020 Theater seats 16,500 sf) to Office space, +. ' ' ® Proposed transfer of 4,510 sf Office space to Health Club space North Newport Center Trip Transfer 7 ® Stantee Entitlement Transfer Diagram Figure 1 NORTH NEWPORT CENTER TRIP TRANSFER NO. 7 Analysis January 2015 Table 2 Before and After Trip Generation Comparison Location/Use PM Peak Hour Trip Rate Current Entitlement Proposed Entitlement Amount PM Peak Hour Tris Amount PM Peak Hour Trips Fashion Island Retail 1.61/TSF) 1,619.525 TSF 2,607 1,523.416 TSF 2,453 Theater .07/seat2 1,700 seats 119 680 seats 48 Block 100 Office 1.49/TSF3 0 0 99.953 TSF 149 Block 500 Office 1.25/TSF4 599.659 TSF 750 599.525 TSF 750 Block 600 Unbuilt Office 1.18/TSF5 4.510 TSF 5 0 0 Health Club 3.53/TSF6 0 0 17.300 TSF 61 TOTAL 3,481 3,461 Trip Rate Source: ITE Category 820 Equation (per 1116107 AFA TPO Traffic Study for North Newport Center) 2 ITE Category 443 3 ITE Category 710 4 ITE Category 710 Equation (per 9/31 /11 Stantec Traffic Study for Trip Transfer No. 5) 5 ITE Category 710 Equation (per 9/31 /11 Stantec Traffic Study for Trip Transfer No. 5) 6 ITE Category 492 ® Stantec d v:\2073\active\2073009050\report\rpt_newport_ctr_Mp_transferTdocx 13-25 NORTH NEWPORT CENTER TRIP TRANSFER NO. 7 Conclusions January 2015 4.0 CONCLUSIONS North Newport Center Trip Transfer No. 7 is "trip neutral" and, in fact, results in a trip credit of 20 PM peak hour trips. The transfer of 12,656 square feet of regional retail entitlement from Fashion Island, 134 square feet of office entitlement from Block 500, and 4,510 square feet of office entitlement in Block 600 to Health Club use in Block 600, and the transfer of 83,545 square feet of regional retail entitlement and 1,020 theater seat entitlement to office space in Block 100 can be accomplished with no significant impact on the surrounding circulation system. ® Stantec d v:\2073\active\2073009050\report\rpt_newport_ctr_Mp_transferTdocx 13-26 CITY OF NEWPORT BEACH NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN that on Tuesday, February 24, 2015, at 7:OOPM, a public meeting will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Transfer of Development Rights - Transfer of development rights within the North Newport Center Planned Community (PC -56) where the Irvine Company proposes to transfer 83,453 square feet of regional commercial intensity from Fashion Island to Block 100; 16,500 square feet of theatre seat intensity from Fashion Island to Block 100; 12,656 square feet of regional commercial intensity from Fashion Island to Block 600; and 134 square feet of general office intensity from Block 500 to Block 600. This project is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15268 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, which exempts ministerial projects from the requirements of CEQA. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public meeting or in written correspondence delivered to the City, at, or prior to, the meeting. The application may be continued to a specific future meeting date, and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public meeting the agenda, staff report, and documents may be reviewed at the City Clerk's Office, 100 Civic Center Drive, Newport Beach, California, 92660 or at the City of Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding details of the project please contact James Campbell, at (949) 644-3210 or Jcampbell(cr�newportbeachca.gov. Project File No.: PA2014-212 Zone: PC -56 (North Newport Center) Location: Block 100, Block 500, Block 600 and Fashion Island of Newport Center Activity No.: TD2014-002 General Plan: MU -H3 (Mixed Use Horizontal), CO -R (Regional Commercial Office), and CR (Regional Commercial Applicant: The Irvine Company LLC Leilani I. Brown, MM`C, City Clerk <oRN�" City of Newport Beach Sold To: City of Newport Beach - C000072031 100 Civic Center Dr Newport Beach,CA 92660 Bill To: City of Newport Beach - C000072031 100 Civic Center Dr Newport Beach,CA 92660 CITY OF NEWPORT REACH N0TlC of P U 8 I!,—ME VVN6 NOTICE IS HEMP CaIVEtd ft onTorAay, € -wy24, 15, at 7:00M. a pubksr l be torsduf d 3n the f (=a ftmtm at I t AC t ster .ve, Mq%pXtBear The Ay Cm, nd of timChlof ltrtpW, Transfer of Development blights « n f of dL,,twat eghis Wift rfie qofth tjF.PM CARtef Planed U urAy (K-56) where d;e #aura Company ase to tran er 83,453 square feet of re 'toml (Mmerttai mternitj from FasMw ls�laod to Slod IW, 1650 sgoac fest of theatre seat tnterrsfsy from fasi n ts%nd td Block 100 12,656 uata far=t if regitnf ta�rci �atertp`ty i€mmn s"tsiar�d t~ B��. , and 13-1 square feet of aeoeral offte filtensity irrmn ftd SOD t D06600. t pnnik"t is not s*ect to the California tirykonmental duality Art ('CEO pzsvwi to Sects`m U268 e;he CEQA Gui leflr,es, 014-ornia Code of Aegulatics Tit'- 14. Chanter 3, vehich exempts tninistetbi preys from the of CEQ& AJ irtffes ed Pis may appy and presert testknw M rjwd to this 40rsti.lfyrFrrh€ergepftjecttokrrsyournaytirrtitedto -cal e ,f Ukase linz you aalsed at nye put4r, meefirl or in vrr€.tens mdeoce dMr ert-d to 0e 0`y, at, or priof tot, tlae menr4 , Fear to the puke;, Meetir g the sends, sta"T rpt, am dDe aaaerrts may be r:rie+A at the City &M Me,100 01.4c Cemef 1P- Newpi Saa6, Ufrf=,Ja, 92 or at the City of lien in 8eadi white at �s�rv�n�stfirta�ssa. ir,.;��� 'al she rnee-�s'�a r: �� liars rerudetai�s idt� parr �e corstact }ar��€Lar�,i, ate? �tt-32f+�dt �;artssali �tlacF�.r�e, Project File Noz PA2+01 -212 Activity No- TD2014-602 Zone: PCalfst fle:t.Cerrtery General Plan: MU -M I -Mixed Use COA ii iii Commercial Ofiice),and ch, ,R om'Cosrm 0a! Location: Slock Igo, Block -CM SW &JO and Fashign island of --r'FD 2015 MAR 13 All- 9, 5 ice• : �. F Newport Unter Appllcant. Ike ?rAneCerrp.xr;f14C _, i e1 t 8rrrr tvtC, Ort Ci €k �' r ! Y 1 i't ? or f utyof t rpvtaeacl- � � al Ll � (J'✓ ilk AN \ <aig m 3054272 - Newport Harbor News Press Combined With Daily Pilot Page 2 of 2 R PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF ILLINOIS County of Cook I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot, which was adjudged a newspaper of general circulation on June 19, 1952, Cases A24831 for the City of Newport Beach, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Feb 14, 2015 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at Chicago, Illinois on this I day of FP l , 20 . [signature] 435 N. 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