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HomeMy WebLinkAbout14 - North Newport Center Transfer of Development Rights4��WPORr CITY OF \z NEWPORT BEACH City Council Staff Report Agenda Item No. 14 November 8, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Fern Nueno APPROVED: A Y TITLE: Transfer of Development Rights in North Newport Center Planned Community (PA2011 -159) ABSTRACT: A transfer of development rights among Block 500, Block 600, and San Joaquin Plaza within the North Newport Center Planned Community (PC -56). RECOMMENDATION: 1) Conduct a public hearing; and 2) Adopt the attached Resolution (Attachment A) approving the following: a. Transfer of development rights within the North Newport Center Planned Community (PC -56) of 288,975 square feet of general office intensity to Block 500 from San Joaquin Plaza (241,711 square feet) and Block 600 (47,264 square feet). b. The relocation of 430 unbuilt residential units from Block 500 to San Joaquin Plaza. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Project Setting and Description The proposed transfer is located within Newport Center in Statistical Area L1 and is occurring among the Block 500, Block 600, and San Joaquin Plaza sub - areas. 1 2 Vicinity Map San Joaquin Fl.. SAMA CRUZ DR. w o CL 0 VP 0 Block Block OG Boo 000 y 5�l �S IO SANTA ROSA DR Faahion Want! glocl Raglanal Cant. so, > BIa4 O^ ve Block n \ c D0 2 A' `�c c o <b 0 OgSy P 4= N'Cti$ i `e qJ, oo FP ,4P Po North Newport Center Planned Community The Irvine Company proposes to transfer 288,975 square feet of general office intensity to Block 500 from San Joaquin Plaza (241,711 sf) and Block 600 (47,264 sf). The Irvine Company also proposes to relocate the 430 residential units from Block 500 to San Joaquin Plaza. The Draft Tracking Table (Attachment B) demonstrates the entitlements for each sub -area and the proposed transfer information. 3 11 Background The City Council adopted the North Newport Center Planned Community Development Plan and Design Regulations on December 18, 2007, along with the North Newport Center Planned Community Development Plan and a Zoning Implementation and Public Benefit Agreement (Development Agreement). The City Council has approved five previous transfers within North Newport Center Planned Community: • Resolution No. 2007 -082, approved on December 11, 2007, granted a transfer from Block 600 to Block 500 of 277,161 square feet of general office intensity, of which 72,000 square feet could be used for the City Hall site. The transfer included 42,036 square feet of office and supporting retail and a conversion of 195 hotel rooms to 265,125 square feet. However, due to potential traffic impacts, only 277,161 square feet was transferred to Block 500. The excess 30,000 square feet remained in Block 600 and can only be constructed if a traffic analysis demonstrates that there will be no adverse traffic impacts. • 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 of general office intensity from San Joaquin Plaza to Block 600, a transfer of 85,756 square feet of general office intensity from Block 500 to Block 600, and a relocation 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 of general office intensity from Block 500 to Block 600 and the transfer of 165,833 square feet of general office intensity from Block 500 to San Joaquin Plaza. • Resolution No. 2010 -124, approved on October 26, 2010, granted the transfer of 121,114 square feet of general office intensity from Block 100 to San Joaquin Plaza (75,878 square feet) and Block 600 (45,236 square feet) and a relocation of 430 residential units from San Joaquin Plaza to Block 500. Of the five (5) actions above, the only conversions that occurred were the 195 hotel rooms and 72,000 square feet of City Hall to general office intensity. J Analysis The North Newport Center Planned Community Development Plan (PC) includes procedures for the transfer of development rights pursuant to General Plan Policy LU 6.14.3 (Attachment C). These procedures 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 PC (hotel rooms, theater seats). The General Plan designates the Block 500, Block 600, and San Joaquin Plaza sub -areas as Mixed Use Horizontal (MU -H3), which allows regional commercial office uses and residential uses. The PC standards allow businesses, government, and professional offices in all three sub - areas. The PC 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 procedures require the City Council to approve the transfer if it results in no more trips and no greater intensity (floor area) of land use than development allowed without the transfer. Since the proposed transfer does not involve a conversion of land uses, an intensity (floor area) analysis is not required. In order to evaluate the trip generation of the proposed transfer, the City retained Stantec Consulting Services Inc. to prepare a traffic analysis. Traffic Analysis The traffic analysis report (Attachment D) concludes that the proposed transfer is trip neutral. As demonstrated in Table 1 of the traffic analysis report, the allowed development would generate a total of 2,672 PM Peak Hour Trips before the transfer and a total of 2,589 PM Peak Hour Trips after. The decrease in trips is attributable to the lower trip rate for larger offices in comparison with small office complexes. Based on the results of the analysis, the City Traffic Engineer determined that no adverse traffic impacts will result from the transfer; therefore, a new traffic study is not required 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 NO Transfer of Development Rights in North Newport Center Planned Community (PA2011 -159) November 08, 2011 Page 5 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 (Attachment D) 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 San Joaquin Plaza is in compliance with the TPO based on the information provided in traffic analysis. ENVIRONMENTAL REVIEW: Staff recommends the City Council find 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 published in the Daily Pilot and the item was show which was posted at City Hall and on the City website. Sub fitted by: Kimberly Brandt, P Director Attachments: A. Draft Resolution B. Draft Tracking Table C. General Plan Policy LU 6.14.3 D. Traffic Analysis item). Notice of this hearing was n on the agenda for this meeting, I 2 City Council Attachment A Draft Resolution I 10 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING TRANSFER OF DEVELOPMENT RIGHTS NO. TD2011 -001 IN THE NORTH NEWPORT CENTER PLANNED COMMUNITY (PA 2011 -159) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: [. 9xi >fr[0]►iRcIr_TIr:1�•tl:I.rr<•]W;F11[ 16-] 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 288,975 square feet of general office to Block 500 from San Joaquin Plaza (241,711 square feet) and Block 600 (47,264 square feet). The applicant also proposes to relocate the 430 residential units from Block 500 to San Joaquin Plaza. 3. The General Plan Land Use Category for the Block 500, Block 600, and San Joaquin Plaza sub -areas is Mixed Use Horizontal (MU -1­13). 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 LU6.14.3. 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. A traffic analysis titled North Newport Center Office Trip Transfer No. 5 (Stantec Consulting Services Inc., September 30, 2011) 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. 9. 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 Statistical Area L1. 11 10. 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. 11. Section 6.3 of the Development Agreement states that should Irvine Company desire to develop any of the residential units in Newport Center Block 500 or San Joaquin Plaza, compliance with the Traffic Phasing Ordinance is required relative to potential impacts associated with such change in location. 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 Block 500 to San Joaquin Plaza 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. The traffic analysis found that the transfer of development rights will not result in any adverse traffic impacts. 15. A public meeting was held on November 8, 2011, 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. 12 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 Block 500 to San Joaquin Plaza 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. TD2011 -001 (PA2011 -159). 2. This action shall become final and effective fourteen days after the adoption of this Resolution. PASSED AND ADOPTED on the 8th day of November, 2011, by the following vote, to wit: AYES. CITY COUNCIL MEMBERS NOES, CITY COUNCIL MEMBERS ABSENT, CITY COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 13 14 City Council Attachment B Draft Tracking Table 15 10 Tracking Development Rights North Newport Center Planned Community Date: August 19, 2011 Tracking No: TD2011 -1 Brief description of action: Transfer of 241.711 sa. ft. of general office intensity from San Joaquin Plaza to Block 500 and 47.264 sa. R. from Block 600 to Block 500 and reassign 430 residential units from Block 500 to San doaguin Plaza Per City Council Resolution 2011 - - - -. Sub Area Entitlement Existing Development Remaining Entitlement Transfer Suspended Square Foetager Demolish Post Transfer 0anor Recipient Entitlement Existing Development Remaining Entitlement Fashion Island Regional Commercial 1,619,525 1,492,880 127,6902 1,619,525 1,492,880 127,690 Theatre Seats, 1,700 1,700 0 1,700 1,700 a Block 100 0 0 0 121,114 D D 0 Block 400 91,727 91,727 0 91,727 91,727 0 Block Soo Office /Commercial 1 310,684 310,684 0 241,711-47,264= 288,975 1 599,659 310,684 288,975 Residential Units+ 430 0 430 1 - 0 0 0 Block 600 OHica /Commercial` 1,634,801 910,637 434,736 47.264 1,587,537 910,637 387,472 Hotel Rooms 295 295 0 295 295 0 Residen0al Wits 0 a 0 D o 0 Block 800 Office /Commercial 285,166 286,166 '0 286,166 286,166 0 Residential Units 245 245 0 245 245 0 San Joaquin Plaza ORica/Commercial 337,261 337,261 0 241,711 241,711 91 95,550 0 Residanbal Unitss 1 0 0 0 4301 430 0 430 The table above is intended to track development within the North Newport Center Planned Community dialect. The table shall be submitted to the City of Newport Beach in conjunction with building permit applications. The table shall be updated following issuance of CoNfimte of Occupancy to ensure any discrepancies between the development permitted and the development constructed are reflected. The Zoning Implementation and Public Benefit Agreement addresses the transfer of development rights ham existing buildings to new buildings. The relevant language appears in Section 6,1 of the development agreement me follows: Notwithstanding any otherprevision in this Agreement to the contrary , if at any was during the Term of this Agreement, Landowner transfers a development right from a building or buildings anywhere within the Property to any other building wide the Property, the buildings) Sam which the development right is Nurrhaded must be demolished and Geared or transformed into an authorized nomhmbible use that does not count as development intensity under the General Wan before landowner can obtain final building permtt appmml or a lair ?cafe ofoccupancy for the new building(s). r The suspended age. footage cut.. 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 reoved from the suspended square footage column into the demolish column. c Previously reported ee 126,588 square feet in Tracking Table 2010 -1. Review of final building permits revealed the remal remaining entitlement to be 127,690 square her as reported in the North Newport Center Awual Repent for year 2010, as approved by the City Council on May 24, 2011. ' 1,700 Theatre Sears equates to 27,500 Regional Commere ial square feet, per the North Newport Center Planned Community Development Plan. Residential its are permitted in Block 500, Black 600 and San Joaquin Plaza so long as the mmal number of units does not exceed 430. ' Residential its are shown for tracking purposes only, a transfer of development rights is not required. The General Plan entitlement figure includes allocations for hotel square footage, which is not represented in the Existing Development or Remaining Development columns. Residential its are permitted in Block 500, Block 600 and San Joaquin Plate so long as the total number efunits does not exceed 430. s Residential its are pubnfted in Block 500, Block 600 and San Joaquin Plaza so long as the total number of units does not exeeed 430, i xesidential units are shown for [racking purposes only; a trareYer ofdevelapmen[ rights is no[ required I *A Planning City Acknowledgement Signature Date 12 City Council Attachment C General Plan Policy LU 6.14.3 19 20 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 2.9) 21 22 City Council Attachment D Traffic Analysis 23 24 City of Newport Beach NORTH NEWPORT CENTER OFFICE TRIP TRANSFER NO. 5 Prepared by: Stantec Consulting Services Inc. 19 Technology Drive, Suite 200 Irvine, California 92618 -2334 (949) 923 -6000 September 30, 2011 25 M This Page Left Blank Intentionally 27 ANALYSIS When examined in detail, the proposed transfer of 288,975 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. 5 is the relocation of 241,711 sf of existing office space from San Joaquin Plaza to Block 500. The second aspect of the proposed transfer consists of transferring 47,264 sf of office entitlement from Block 600 to Block 500. The third aspect consists of transferring 430 unbuilt entitled dwelling units from Block 500 to San Joaquin Plaza. 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. The analysis of the three proposed entitlement transfers in terms of overall PM peak hour trip generation is shown in Table 1. The trip generation of the proposed transfer results in a trip credit of 83 trips (including the 38 trip credit from Transfer 4). 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 office location merely two blocks along San Joaquin Hills Road 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. North Newport Center 2 Stantee Consulting Services Inc. Office Trip Transfer No. 5 North Newport Center Trip Transfer 5.doc 22 �P no stole C C3 8��\ �n S n %C F DRD �Ty�� J � w a z 40% 25% v a 0 z C�f � a Q SAN J ()q QU�N � HILLS OA BLOCK 600 SAN JOAOUIN B BLOCK 500 PLAZA 5% FASHION ISLAND LA0 Internal BLOCK 100 5% HIGHWAY GDP 10% 15% 6 A�51DE Legend a Proposed n-ansfer of 241,711 sf office entitlement. B Proposed transfer of 47,264 sf office entitlement. ---0 Proposed transfer of 430 DUs. xx% office'rrip Distribution North Newport Center Office Trip Transfer No. 5 Figure 1 NORTH NEWPORT CENTER - TRIP TRANSFER NO. 5 3 Stantec Consulting Services Inc. North Newport Center Trip Transfer 5- Figl.dwg 29 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 Square Feet PM Peak Hour Trips 500 ITE Equation 310,684 427 599,659 750 600 ITE Equation 1,345,373 1,586 1,298,109 1,533 San Joaquin Plaza 1.49 /TSF` 95,550 142 95,550 142 130/FSF2 241,711 315 Previous Trip Transfer Credit Block 600 38 Current Residential Entitlement Proposed Residential Entitlement DU PM Peak Hour Trips DU PM Peak Hour Trips 500 .38 /DU' 430 164 San Joaquin Plaza .38/DU 430 164 TOTAL 1 1,993,318 2,672 1 1,993,318 2,589' t Existing office entitlement to remain within San Joaquin Plaza. Trip rate = 1.49/TSF per previous transfer calculations. Z Portion of previous 241,711 sf transfer reallocated back to San Joaquin Plaza. Based on ITE office regression equation trip rate (approved June 9, 2009). s ITE trip rate for high -rise apartments (ITE 222). Resulting in a Trip Transfer Credit of 83 Trips (including 38 Trip Credit from Transfer 4). North Newport Center Office Trip Transfer No. 5 Stantec Consulting Services Inc. North Newport Center Trip Transfer 5.doc so CONCLUSION In summary, it is concluded that North Newport Center Trip Transfer No. 5 is "trip neutral." The transfer of 241,711 sf is the relocation of existing offices from a smaller office complex (San Joaquin Plaza) to a larger office complex (Block 500) with a lower trip rate. The remaining 47,264 sf of the transfer is merely relocation of future office entitlement "across the street'. In addition, entitlement for 430 residential units are re- assigned from Block 500 to San Joaquin Plaza. From this viewpoint, the trip neutrality aspect of this transfer proposal is clearly evident. North Newport Center 5 Stantee Consulting Services Inc. Office Trip Transfer No. 5 North Newport Center Trip Transfer 5.doc S1 S2 W W Table A North Newport Center Trip Transfer History Office Trip Rate Transfer Date Block 100 Block 500 Block 600 San Joaquin Plaza Source 1 Nov 2007 +205.161 TSF Office - 42.036 TSF Office 1 +72.00 TSF City Hall 195 Rm Hotel City Hall July 2008 -72.00 TSF City Hall 1 +96.428 TSF Office 2 June 2009 - 85.756 TSF Office +327.467 TSF Office - 241.711 TSF Office 2 -430 DU +430 DU 3 Dec 2009 - 215.833 TSF Office +50.00 TSF Office +165.833 TSF Office 2 4 Sept 2010 -121.114 TSF Office +45.236 TSF Office +75.878 TSF Office 3 +430 DU -430 DU 5 Sept 2011 +288.975 TSF Office - 47.264 TSF Office - 241.711 TSF Office 3 -430 DU +430 DU Total 0.00 TSF Office 599.659 TSF Office 1;298.109 TSF Office 95.550 TSF Office 430 DU 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 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 San 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). North Newport Center Office Trip Transfer No. 5 A -2 Stantec Consulting Services Inc. North Newport Center Trip Transfer 5.doc NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, November 8, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, 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). Irvine Company proposes to transfer 288,975 square feet of general office to Block 500 from San Joaquin Plaza (241,711 sf) and Block 600 (47,264 sf). Irvine Company also proposes to relocate 430 residential units from Block 500 to San Joaquin Plaza. This project qualifies for an exemption from environmental review pursuant to Section 15268 (Ministerial Projects) of the Implementing Guidelines of the California Environmental Quality Act (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 or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to, the hearing. For more information please call 949 - 644 -3204. For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at (949) 644 -3227, fnueno@newportbeachca.gov. Project File No.: PA2011 -159 Zone: PC -56 (North Newport Center) Location: Block 500, Block 600 and San Joaquin Plaza of North Newport Center Planned Community Activity No.: TD2011 -001 General Plan: MU -H3 (Mixed Use Horizontal and CO -R (Regional Commercial Office) Applicant: The Irvine Company LLC Leilani Brown, City ty Clerk City of Newport Beach ..............''�OOOOF GF STATE OF CALIFORMA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; 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): Saturday, October 29, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on November 8, 2011 at Los Angeles, California %Ame�� Signature (Nprth Ir`6ine RECEI\ /ED 7-011 NOV 14 AM 10. 56 G rICE OF THE Cfi Y CLERK CITY C' i'^tv'"vRT BEACH North Newport Center PA2011 -159 Transfer of Development Rights No.TD201 1 -001 City Council November 8, 201 1 /04 F v ;t �'r1\ It tLIFOR�I Vicinity Map Block 500 430 DU 2881975 sf Block 600 47,264 sf San Joaquin Plaza 2411711 sf 430 DU