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HomeMy WebLinkAbout18 - Newport Center Planned Community Transfer of Development RightsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 October 26, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Fern Nueno, Assistant Planner 949 - 644 -3227, fnueno @newportbeachca.gov SUBJECT: Transfer of Development Rights in North Newport Center Planned Community (PA2010 -122) ISSUE The Irvine Company requests a transfer of development rights among Block 100, Block 500, Block 600, and San Joaquin Plaza within the North Newport Center Planned Community. RECOMMENDATION Adopt the attached Resolution (Attachment No. CC 1) approving the following_ 1. A transfer of development rights in the North Newport Center Planned Community for: a. 75,878 square feet of general office from Block 100 to San Joaquin Plaza; and b. 45,236 square feet of general office from Block 100 to Block 600. 2. The relocation of 430 unbuilt residential units from San Joaquin Plaza to Block 500. Transfer of Development Rights in North Newport Center Planned Community (PA2010 -122) October 26, 2010 Page 2 VICINITY MAP 0 San Joaquin Plaza rtrtca zc•. W� i . Block Block oar 80D 600 +'( l Fashion Island Block Regional Center 500 y ,9 i oil Black 100 b ❑North Neupert Center Planned C'ornmunily Transfer of Development Rights in North Newport Center Planned Community (PA2010 -122) October 26, 2010 Page 3 DISCUSSION Background The City Council adopted the North Newport Center Planned Community Development Plan and a Zoning Implementation and Public Benefit Agreement (Development Agreement) on December 18, 2007. These entitlements allow for the transfer of allowable intensity with the City Council's approval. The City Council has approved four previous transfers within North Newport Center Planned Community: • Resolution No. 2007 -082, approved on December 11, 2007, granted a transfer of 277,161 square feet of office, hotel, supporting retail, and City Hall use from Block 600 to Block 500. • Resolution No. 2008 -072, approved on July 22, 2008, granted a conversion of 72,000 square feet from the previously proposed City Hall to general office use in Block 500 and a transfer of 24,428 square feet of general office use from Block 600 to Block 500. • Resolution No. 2009 -038, approved on June 9, 2009, granted a transfer of 241,711 square feet from San Joaquin Plaza to Block 600, a transfer of 85,756 square feet from Block 500 to Block 600, and a reassignment of 430 residential units previously approved in North Newport Center Block 600 to San Joaquin Plaza. • Resolution No. 2010 -15, approved on January 27, 2010, granted the transfer of 50,000 square feet from Block 500 to Block 600 and the transfer of 165,833 from Block 500 to San Joaquin Plaza. Analysis The North Newport Center Planned Community Development Plan (PC) implements General Plan Policy LU 6.14.3 that allows the transfer of development rights in Newport Center, and provides that development rights may be transferred through a change in location and /or a conversion of nonresidential use to any other nonresidential use allowed by the General Plan or the PC. The General Plan designates the Block 500, Block 600, and San Joaquin Plaza sub -areas as Mixed Use Horizontal (MU -1­13), which allows regional commercial office uses and residential uses. The PC allows businesses, government, and professional offices in all three sub - areas. The General Plan designates Block 100 as Regional Commercial Office and the PC allows for banks and business, government, and professional offices. Transfer of Development Rights in North Newport Center Planned Community (PA2010 -122) October 26, 2010 Page 4 The PC outlines a procedure for transfers of development rights and City Council approval is required. 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 City Council must approve the transfer if the transfer results in no more trips or no greater intensity of land use than development without the transfer. The proposed transfer does not involve a conversion of land uses; therefore, an intensity analysis is not required. In order to evaluate the trip generation of the proposed transfer, the City retained Austin -Foust Associates, Inc. to prepare a traffic analysis. This firm also performed the traffic studies for the transfers previously approved by the City Council. Traffic Analysis The Austin -Foust report (Attachment No. CC 2) demonstrates that the proposed transfer of development rights is trip neutral. As demonstrated in Table 1 of the traffic analysis report, the current entitlement has a total of 4,305 PM Peak Hour Trips and the proposed entitlement after the transfer will have a total of 4,267 PM Peak Hour Trips. The City Traffic Engineer determined that no adverse traffic impacts will result from the transfer; therefore, a new traffic study is not required to be prepared pursuant to the City's Traffic Phasing Ordinance (TPO). Residential Units The Development Agreement granted the Irvine Company development rights to 430 of the 450 residential units allocated in the General Plan for MU -H3 properties in Newport Center. Although the PC Development Plan and the Development Agreement permit the development of the 430 residential units within Block 500, Block 600, or San Joaquin Plaza, the traffic study prepared in conjunction with the adoption of the PC Development Plan and Development Agreement anticipated the units to be constructed within Block 600. Furthermore, Section 6.3 of the Development Agreement states that should the Irvine Company desire to develop any of the residential units in Newport Center Block 500 or San Joaquin Plaza, compliance with the TPO is required relative to potential impacts associated with such change in location. The traffic analysis prepared by Austin -Foust Associates, Inc. found that the proposed change in location of the residential units does not result in any change to the PM peak hour trip generation (trip neutral). The City Traffic Engineer acknowledges that the assignment of the residential units to Block 500 is in compliance with the TPO based on the information provided in traffic analysis. nj Transfer of Development Rights in North Newport Center Planned Community (PA2010 -122) October 26, 2010 Page 5 Environmental Review Guidelines Section 15369 of the California Environmental Quality Act ( "CEQA ") 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. Approval of a transfer of development rights in the North Newport Center PC is a ministerial action because the Planned Community Development Plan states that if the City Council finds that the transfer will result in no more trips and no greater intensity of land use than the development allowed without the transfer, then the City Council shall approve the transfer. Public Notice This agenda item has been noticed according to the Ralph M. Brown Act; 72 hours in advance of the public meeting at which the City Council considers the item. The agenda item was posted at City Hall and on the City's website. Prepared by: F r N eno Assistant Planner Attachments: CC 1 Draft Resolution CC 2 Traffic Analysis CC 3 Draft Tracking Table Submitted by: mes W. Cam bell Acting Planning Director 5 MR Attachment No. CC 1 Draft Resolution W RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE TRANSFER OF DEVELOPMENT RIGHTS IN THE NORTH NEWPORT CENTER PLANNED COMMUNITY (PA 2010 -122) 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 75,878 square feet of general office from Block 100 to San Joaquin Plaza and 45,236 square feet of general office from Block 100 to Block 600. The applicant also proposes the relocation of 430 residential units from San Joaquin Plaza to Block 500. 3. The General Plan Land Use Category for the Block 500, Block 600, and San Joaquin Plaza sub -areas is Mixed Use Horizontal (MU -H3) and for Block 100 is Regional Commercial Office (CO -R). 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 North Newport Center Planned Community Development Plan provides 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. 7. The Zoning Implementation and Public Benefit Agreement (Development Agreement) between the City and Irvine Company LLC dated January 18, 2008, granted the Irvine Company development rights to 430 of the 450 residential units allocated in the General Plan for MU -H3 properties in Newport Center. 8. The' North Newport Center Planned Community Development Plan and the Development Agreement permit the development of the 430 residential units within either Block 500, Block 600, or San Joaquin Plaza; however, the traffic study prepared in conjunction with the Development Agreement anticipated the units to be constructed within Block 600. 9. Section 6.3 of the Development Agreement states that should the Irvine Company desire to develop any of the residential units in Newport Center Block 500 or San 0 City Council Resolution No. 2of3 Joaquin Plaza, compliance with the Traffic Phasing Ordinance is required relative to potential impacts associated with such change in location. 10. A traffic analysis titled North Newport Center Office Trip No. 4 (Austin -Foust Associates, Inc., October 12, 2010) 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. 11. The traffic analysis found that, consistent with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan, the transfer of development rights will not result in any adverse traffic impacts. 12. The traffic analysis found that, consistent with Section 6.3 of the Development Agreement, the proposed change in location of the residential units from San Joaquin Plaza to Block 500 does not result in any change to the PM peak hour trip generation (trip neutral) and is not expected to change the resulting trip patterns; therefore, the City Traffic Engineer has determined that the City's Traffic Phasing Ordinance does not require the preparation of a traffic study. 13. The transfer of development rights does not .involve a conversion of land uses because the entitlement will remain for general office land use. The transfer will not result in greater intensity than development allowed without the transfer. 14. A public meeting was held on October 26, 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. Guidelines Section 15369 of the California Environmental Quality Act ( "CEQA ") 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: 1. 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. Tmplt: 04/14/10 a] City Council Resolution No. Pape 3 of 3 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. 3. Consistent with Section 6.3 of the Development Agreement, the proposed change in location of the residential units from San Joaquin Plaza to Block 500 does not result in any change to the PM peak hour trip generation (trip neutral) and is not expected to change the resulting trip patterns, and does not warrant the preparation of a new traffic study pursuant to the Traffic Phasing Ordinance. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby approves Transfer of Development Rights No. TD2010 -001 (PA2010 -122). 2. This action shall become final and effective fourteen days after the adoption of this Resolution. PASSED AND ADOPTED on the 26th day of October, 2010, by the following vote, to wit: AYES, CITY COUNCIL MEMBERS NOES, CITY COUNCIL MEMBERS ABSENT, CITY COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK Tmplt: 04/14/10 W Attachment No. CC 2 Traffic Analysis City of Newport Beach NORTH NEWPORT CENTER OFFICE TRIP TRANSFER NO. 4 Prepared by: Austin -Foust Associates, Inc. 2223 Wellington Avenue, Suite 300 Santa Ana, California 92701 -3161 (714) 667 -0496 October 12, 2010 12. NORTH NEWPORT CENTER OFFICE TRIP TRANSFER NO.4 The Irvine Company (TIC) is proposing to transfer 121,114 square feet (sf) of its office development entitlement out of Block 100 and into Block 600 and San Joaquin Plaza, as well as 430 unbuilt entitled dwelling units out of San Joaquin Plaza and into Block 500. Trip transfers between blocks in North Newport Center are permitted by the existing Development Agreement as long as the PM peak hour trips remain "trip neutral" — i.e., no new trips are created. This is the fourth such trip transfer (Trip Transfer No. 4) proposed since the North Newport Center Zoning was established in 2007. ANALYSIS When examined in detail, the proposed transfer of 121,114 sf of office space and 430 dwelling units is quite simple and straightforward as illustrated schematically in Figure 1. The current proposal consists of three separate entitlement transfers. The first aspect of the proposed Trip Transfer No. 4 is the relocation of 75,878 sf of existing office space from Block 100 to San Joaquin Plaza. The trip impact of this transfer is also simple when one understands that the relocated office space currently exists in San Joaquin Plaza, but was previously transferred (for entitlement purposes) to Block 600. A previous transfer (Trip Transfer No. 3) moved 165,833 sf of the 241,711 sf entitlement (moved in Trip Transfer No. 2) back to San Joaquin Plaza. Now the current proposal is to essentially offset the remainder of that previous transfer (Trip Transfer No. 2) and leave the 75,878 sf of office space, which is currently built and occupied, in San Joaquin Plaza rather than tear it down and rebuild it elsewhere. The trips from this 75,878 sf of office space are currently being generated and, in fact, are included in the current peak hour traffic counts. The effect of retaining the existing and occupied office space precisely where it is currently situated is by its very nature "trip neutral." The second aspect of the proposed transfer consists of transferring 45,236 sf of office entitlement from Block 100 to Block 600. The third aspect consists of transferring 430 unbuilt entitled dwelling units from San Joaquin Plaza to Block 500. Residential units are allowed in Block 500, Block 600 and San Joaquin Plaza so long as the number of units does not exceed 430. The issue of trips attributable to the transfer of residential units is a straightforward shift of 430 dwelling units for a like number in Block 500 involving the same number of PM peak hour trips. North Newport Center Office Trip Transfer No. 4 017089rpt.doc 13 Legend Figure 1 --0A Proposed transfer of 75,878 sf existing office. B Proposed transfer of 45,236 sf existing office entitlement. NORTH NEWPORT CENTER c Proposed transfer of 430 DUs (entitlement only). - TRIP TRANSFER NO. 4 xxx Office Trip Distribution North Newport Center 2 Austin -Foust Associates, Inc. Office Trip Transfer No. 4 1 1 017089rptFigl.dwg It is also necessary to recognize that the previous transfer that would have led to the elimination of 241,711 sf of existing office in San Joaquin Plaza (Trip Transfer No. 2) resulted in a trip credit of 38 trips created in Block 600 due to the fact that the ITE PM peak hour trip rate for a small office complex is slightly different than that for larger offices (i.e., the PM peak hour trip rate for office space in San Joaquin Plaza is higher than the rate for offices in Block 600). Much of that original "transfer credit" was lost when a portion of the office space was transferred back to San Joaquin Plaza (Trip Transfer No. 3) since the existing smaller offices are being retained. The previously identified credit of 38 trips was reduced by 30 to a net total credit of 8 trips. Now that original "transfer credit" is regained as the remaining office space is transferred back from a smaller site to larger sites. The analysis of the three proposed entitlement transfers in terms of overall PM peak hour trip generation is shown in Table 1. A potential impact could occur if there were to be any significant change in trip distribution. Analysis of the trip distribution of the transfer of 75,878 sf from Block 100 to San Joaquin Plaza reveals there would be no change because these trips already exist and are accounted for in the existing PM peak hour data. Since these trips are not relocating after all, there is no change in trip distribution anticipated. The trip distribution impact of the second aspect of the transfer (i.e., 45,236 sf from Block 100 to Block 600) is projected to result in no significant change since the shifting of future office location merely two blocks up the street will not create any significant redistribution of trip patterns. The PM peak hour trips from offices are largely from employees. Their direction of travel will be influenced by their home destinations. Their travel patterns with regards to use of Jamboree Road or MacArthur Boulevard are not expected to be altered regardless of whether their office space is on one side of Newport Center or the other. CONCLUSION In summary, it is concluded that North Newport Center Trip Transfer No. 4 is by the very nature of the proposal "trip neutral." Most of the proposed transfer of 75,878 sf (63 percent) is, in effect, a net cancellation of a previously approved transfer and retention of the existing offices where they are currently built, rather than being demolished and relocated. The remaining 45,236 sf (37 percent) of the North Newport Center 3 Austin -Foust Associates, Inc. Office Trip Transfer No. 4 - 017089rpt.doe 115 Table 1 COMPARISON OF BEFORE AND AFTER TRIP GENERATION Current Office Entitlement Proposed Office Entitlement Block PM Peak Hour Trip Rate Square Feet PM Peak Hour Trips S uare Feet PM Peak Hour Tri s 100 1.49 /TSF 121,114 180 0 0 500 ITE Equation 310,684 427 310,684 427 600 ITE Equation 1,300,137 1,535 1,345,373 1,586 SatrJoa uin Plaza 1.49 /TSF' 95,550 142 95,550 142 1.30 /TSF2 165,833 216 241,711 315 Previous Trip Transfer Credit lock 600) 8 Current Residential Entitlement Proposed Residential Entitlement DU PM Peak Hour Trips DU PM Peak Hour Trips 500 4.18/DU 430 1,797 San Joaquin Plaza 4.18/DU 430 1,797 TOTAL 1,993,318 4,305 1,993,318 4,267 ' Existing office entitlement to remain within San Joaquin Plaza. Trip rate = 1.49 /TSF per previous transfer calculations. 2 Portion of previous 241,711 sf transfer to be reallocated back to San Joaquin Plaza. Based on ITE office regression equation trip rate (approved June 9, 2009). North Newport Center Office Trip Transfer No. 4 Austin -Foust Associates, Loc. 017089rptdoc 1W transfer is merely relocation of future office entitlement "up the street ". In.addition, entitlement for 430 residential units are re- assigned from San Joaquin Plaza to Block 500. From this viewpoint, the trip neutrality aspect of this transfer proposal is clearly evident. North Newport Center 5 Austin -Foust Associates, Inc. Office Trip Transfer No. 4 017089rpt.doc iI Is Attachment No. CC 3 Draft Tracking Table ICI Trucking Development Fii North Neivi Center Planned Clammu q , pate: Litatial 6,201 D 'I Fucking No: T02010-001 Brief description or action: Transfer of 121 114 sit fl of general office intensity from Block 100 In San Joaquin Plaza 95,878 an. Rl and to Block 600 X45236 SQ f1) and re- assign 410 residenlial units from San Ithai in Plaza to Block 500 Per City Council ResolPlian c _..,. "_. • sa6-Are6 Eilele ' s n l Transfer �'. •. 9uspeount square Foolapel r Denlpllsh PoSFTrsnahr _ c EnfGenppl Eslal(np Dovntopm Ranlalnhid Enldlenerl Rayionel Connneaiul - 1.610,525 '11472,07 126,9082 7019525'. 1,492,93'7 126,5B8- TheaHeseilic °' 1,7110. —L:70o ':- 0 -. _ °T:700'?" " ^n "'t _� ° -- 7;700.- 0 121.1Yh 121,114 0 121.114 121,114. 0- - . - 0 0 SB76_iN(id. �s`si48F72F - 1917721 s„a„�a,„,"m.`- - ,.,;0;_ 91,77 3 +01,727 -a 0, OGkrlCommeruaf .310.684, WM4 _ 0 3,10;884 X310,6114 ,Q Residenfial Uadse •. •;;0 ,:. ,.. .0 =v, a A30s " 430j ".. -r0.: _. [BlotiKiSgg.� OthceM.tlwhnovjtlp 1,539565 ... c` - 910.637 a. ".. 389"am, 45,236 _.. .1;584,801 -" .- 910631, 434;136'. _.. Hotel Roams, 295 -295 - 0 205 ' "'.. "... 296._ 0' '.'.,. Resinsilf Units° 0_ 0 0 0 '0 Raslddin Uo-lla 245 245 0 245 245 '0', kl6AlIOJO&Qlr /nl�jp+a . -_ n .L - _ . , .• . OGice.Cwhue,dal 301363" 2611383 "0 7$8711 ._ "- 097,261 3372610 '_- 10 Residential Unusle .430 0 430 43011 0 0; 0, The table oboes Is inlondaA to inn deyeloprnunt whhia the NorW Nevrporl fonim Planned community dilddid Bra table shut be aptlrnlllatl to life City e1 Nowpoll nonrh in conjunction rvpll Onsding pfmii appllcallons. PLO (also shall he updzlod fod0.vin9 iesnau➢e of Calllntam of OCCnPWIL to 01 W m msy diovepancies h.h s Io the developmenl pmmllled and the developine it conshucled are ragacled. The 2anlaq Implementation and public parent Agmeme I n eent es she transfer of davelopment dOfs Into ndsii huildi;gs lmtmn buildings. The eclavant leant appeals in Seelhn 6.1 ortha davelopminu agreemeol as lallows: Nalwnlistarni any otherpmWsron In Ihts Agichenaal IC 140 roguery, G at any fife dmlnp pro Tom of IIns Agooft mi(;Landowrrerpym(om aAovofoynaal right i a hulld0,0 or buildups anywllaowillies Igo Property to fryNhat 001de,9 mli Ile property, the bu inp(sI Imam such the dovelopmenl ,(Jill is transheeed mvsl be domollshrid&Id scouted brlrBO510nt1E (l ill(P an asingod irnon hablrahla use Thai(10p5jfPno? a5del+ebpmerd fills Isin, undo le Darre2t Fix, not Landaelnecoo obern tint rrllfldiri(1 ini allproi Or alefplf @IB al Omani Or Ire 1w4mailt9} g#" I ha snWmulul sit Bra fonlnyc cnh n+nrtlicales ulunrc fgolnfU,bnt is elatul l'a Snvcrninnm nn, hah,m6ld iigc. 011 'his aq,p pefi xdaaeisnnnvanedlnnnnrrhnbiloble lot[ w ill hemnvN hurl llmmspleded squara fic a ai e. unm into thn derl fish retinue. ' Previously reported as 126,616 septum Icct in loohm1E52 and 3 of'Trackiny'ratilt 2tey -2. Review of final brnldin6 per llits Ices erl the ednal remainin_, mailleem,d to be 126,5611 aqua re fee' as reported in the N.onh uewporl Center Annual Relem for year 3D09, no approved by Ilia City Cnnnatl on N u ch?3, 2010. 1.700'1' lean Seat winters In 27,Sf) P"ionel Col.... ins wp am lies, per III. Norh Nc..rpan Canlen Pinioned (nnununity Dslolepmeft Man. ' llesidPnPel nni is am permin,d it Blink SOD, Block 6nD gad San Joagnin Plaz.Sg1oryy IS Iha IMen nwnber of uniu don Imt.caacerl 1311, 'I Itesowml undo tire sl,Om for 11 '1 pur,c,ta Only; F rrolfcl of de elap'vionf ishoI I Ie no, «q d "Ilse Ge Cn u I P n wrtit I Lonnion psto a 'nel are Lill0caliunr for howl all u• fooip8a, mh,his nm 10 1 Is I In lhufix's,i,a l5anr10IInn1 or ltenminny Deis lnpmcFit COlnnlay. "19+el , toundr nouffis stied, is experudm s.o,ehda list 32 excess 1 p w'11a vier in Iinty 600 you "Resoh,eh dpnhs are Pe' ern'ed in Block 500, Block 600 and Sri, Jir inn Plaza so long as the lnldl n floc Raps doe= not oxecCd 430, v Pce.ionx enorles per airy Coenoil nereminns 2009.38 end 3x1111.15 "xnspandod" 241,177 squlawleel, 'I'lus action.. -nor hlixlms Ilry intone N0486 it entifird In the 17i Ilan. m Residcmiel o6e; etc pmusle l in Block 500, Block 600 mil San Joaquin Plazo or Iona its .11. whit ..,aloe ofnnits dOas not oxcesd 4.10, Rcsidndlnl boils me shnan, fm tracking pnrp si only; it umtnfer ofdewsp neon rights is rant eilrira6 CAA Mounting City Acknowledgement Signalore Date PROOF OF 59 PUBLICATION STATE OF CALIFORNIA) J� )SS. COUNTY OF ORANGE ) 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 notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): October 16, 2010 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on October 21, 2010 at Costa Mesa, California G� Signs re -CIS I4-x --gyp 40TU OF KU HEM NOW[ Is HEREBY 1111i EN that on Tuesday October 26, 2010, at 7:00 pan., a public hearing will be conduct ea in the City Council Chambers (Bundmg A) at 3300 Newport Boule vard, Newport Beach The City Council 01 the Coy of Newport Beach wall consider the follow- sg application 5th Trader of Govala► aaaam lights - Transfer of development rights with. m the North NewPat center Planned Commu nay (PC 56). The Irvine Company pr oDOSes to transfer 121.114 square feet of general office intensity from Bloch 100 to San Joaquin Plaza (75.878 st) and Bloch 600 145,236 sty and to transfer 430 residential units from San Joaquin Plaza to Black 500. This Project qualifies for an exemption From env, Ninmental review Pursu ant to Section 15268 (Ministerial Projects) 01 the Implementing Guidelines of the Cabfor ms Environmental Quay sty Act (CEQA1. All interested parties dory appear and Present testimony in regard to this application. " you challenge this project in court. you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this no Ike) or in written cot respondence delivered to the city. at or Door, to. the review. The alit, staff report, a" as- umeen may, be to- viewed as the City Cl.vi ONk• (Building B), 3700 NawW Bou- levard, Now= Beach, Colilomia, 92663, or at the City of Newport beach ..bait* at a enw.newpwrbeachm .Bev an the Wednesday prier io the hearing. i0r more inio alien please call 9496443204 For questions regardin g details of Me Dialed please contact Fern Nueno. Aifuslant Plan. her, at (949) 64.3227. f nueno, hil.port eachca gov ►re)oct File Ne.: PWO-cl22 Activity Mt., TO2010- 001 2aawi PC 56 (Newport Center North) Gametal Plan'. MU H3 (Mixed Use Horizontal and CO -R (Regional Commercial Office) Lecatlanc Bloch 100. Block 500. Bloch 600 and San Joaquin Plaza 01 North Newpat Center Planned Community tkt Irvine Company Leaam I Brown, City Clerk City of Newport Beach Published Newport Beacn,Goata Mesa Oddf Pibl October 16. 2010 Sa600 PROOF OF 59 PUBLICATION STATE OF CALIFORNIA) J� )SS. COUNTY OF ORANGE ) 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 notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): October 16, 2010 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on October 21, 2010 at Costa Mesa, California G� Signs re -CIS I4-x --gyp 40TU OF KU HEM NOW[ Is HEREBY 1111i EN that on Tuesday October 26, 2010, at 7:00 pan., a public hearing will be conduct ea in the City Council Chambers (Bundmg A) at 3300 Newport Boule vard, Newport Beach The City Council 01 the Coy of Newport Beach wall consider the follow- sg application 5th Trader of Govala► aaaam lights - Transfer of development rights with. m the North NewPat center Planned Commu nay (PC 56). The Irvine Company pr oDOSes to transfer 121.114 square feet of general office intensity from Bloch 100 to San Joaquin Plaza (75.878 st) and Bloch 600 145,236 sty and to transfer 430 residential units from San Joaquin Plaza to Black 500. This Project qualifies for an exemption From env, Ninmental review Pursu ant to Section 15268 (Ministerial Projects) 01 the Implementing Guidelines of the Cabfor ms Environmental Quay sty Act (CEQA1. All interested parties dory appear and Present testimony in regard to this application. " you challenge this project in court. you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this no Ike) or in written cot respondence delivered to the city. at or Door, to. the review. The alit, staff report, a" as- umeen may, be to- viewed as the City Cl.vi ONk• (Building B), 3700 NawW Bou- levard, Now= Beach, Colilomia, 92663, or at the City of Newport beach ..bait* at a enw.newpwrbeachm .Bev an the Wednesday prier io the hearing. i0r more inio alien please call 9496443204 For questions regardin g details of Me Dialed please contact Fern Nueno. Aifuslant Plan. her, at (949) 64.3227. f nueno, hil.port eachca gov ►re)oct File Ne.: PWO-cl22 Activity Mt., TO2010- 001 2aawi PC 56 (Newport Center North) Gametal Plan'. MU H3 (Mixed Use Horizontal and CO -R (Regional Commercial Office) Lecatlanc Bloch 100. Block 500. Bloch 600 and San Joaquin Plaza 01 North Newpat Center Planned Community tkt Irvine Company Leaam I Brown, City Clerk City of Newport Beach Published Newport Beacn,Goata Mesa Oddf Pibl October 16. 2010 Sa600