HomeMy WebLinkAbout2006-2 - Approving Planned Community Development Plan Amendment No. 2005-001 for Property Located at 1200-1400 Newport Center Drive (Corporate Plaza West) and 101-1199 Newport Center Road (Fashion Island) (PA2005-042).ORDINANCE NO. 2006-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING PLANNED COMMUNITY
DEVELOPMENT PLAN AMENDMENT NO. 2005 -001 FOR
PROPERTY LOCATED AT 1200 -1400 NEWPORT CENTER
DRIVE (CORPORATE PLAZA WEST) AND 101 -1199 NEWPORT
CENTER ROAD (FASHION ISLAND) (PA2005 -042).
WHEREAS, an application was filed by The Irvine Company with respect to
properties located at 1200 -1400 Newport Center Drive, and legally described as Parcels 1,
2, 3 and 4 of Parcel Map No. 94-102 (Corporate Plaza West), and 101 -1199 Newport
Center Road, and legally described as Lots 30 - 36 of PM 221 (Fashion Island) to permit
the transfer of up to 44,688 square feet of unused retail commercial floor area from
Fashion Island to Corporate Plaza West for general office purposes.
WHEREAS, on November 17, 2005, the Planning Commission conducted a public
hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
Califomia. A notice of time, place and purpose of the meeting was given in accordance
with the Municipal Code. Evidence, both written and oral, was presented to and
considered by the Planning Commission at this meeting. With a vote of 7 ayes, the
Planning Commission recommended approval of the above- mentioned application.
WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code,
the City Council held a noticed public hearing on January 10, 2005 to consider the
proposed recommendation of the Planning Commission.
WHEREAS, Both Fashion Island and Corporate Plaza West are within Newport
Center and are within Statistical Area L1 of the Land Use Element of the General Plan.
Fashion Island has a land use designation of Retail and Service Commercial, and is
zoned Planned Community (PC -35). Corporate Plaza West has a land use designation
of Administrative, Professional & Financial Commercial (APF) and zoned Planned
Community (PC -40). Both sites are governed by Planned Community Development
Plans that establish land use, development intensity limits and general development
standards.
WHEREAS, The Land Use Element of the General Plan provides that transfers
of development rights are permitted within Newport Center (Statistical Area 1-1),
provided that a finding is made that the transfer is consistent with the intent of the
General Plan and that the transfer will not result in any adverse traffic impacts.
Page 2 of 3
WHEREAS, the land use proposed for a new office building within Corporate
Plaza West is consistent with the General Plan land use designation for that site, and
the reduction of retail floor area will not diminish the ability to develop Fashion Island
consistent with the General Plan; therefore the transfer is consistent with the intent of
the General Plan.
WHEREAS, a traffic study has been completed in accordance with the provisions
of the Traffic Phasing Ordinance and it demonstrates that there are no negative traffic
impacts associated with the proposed transfer of development allocation. Additionally,
the transfer will result in a net decrease in total traffic within Newport Center due to the
change in use from retail to office.
WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have
been prepared in compliance with the Environmental Quality Act (CEQA), the State
CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public
comment between October 14 and November 14, 2005. The Draft MND was filed with
the State Clearinghouse and the Califomia Coastal Commission, and no comments
were received. The contents of the environmental document, including mitigation
measures, have been considered in the various decisions on this project.
WHEREAS, on the basis of the entire environmental review record, the proposed
project will have a less than significant impact upon the environment and there are no
known substantial adverse affects on human beings that would be caused. Additionally,
there are no long -term environmental goals that would be compromised by the project
nor cumulative impacts are anticipated in connection with the project. The mitigation
measures identified are feasible and reduce potential environmental impacts to a less
than significant level. The mitigation measures have been applied to the project and are
incorporated as conditions of approval.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: The Fashion Island Planned Community (PC -35) shall be amended
to decrease the total amount of development gross floor area by 44,688 square feet and
the Corporate Plaza West Planned Community (PC -40) shall be amended to increase
the total amount of development gross floor area by 44,688 square feet.
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. This Ordinance shall be published once in the official newspaper of
the City, and the same shall become effective thirty (30) days after the date of its
adoption.
Page 3 of 3
This Ordinance was Introduced at a regular meeting of the City Council of the
City of Newport Beach held on January 10, 2006, and adopted on the
24th day of January 2006, by the following vote, to wit:
Selich, Rosansky, Ridgeway,
AYES, COUNCIL MEMBERS Daigle, Nichols, Mayor Webb
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS - --
ATTEST:
(Z- )j
MAYOR
M„64e�
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is six [one vacant seat]; that the
foregoing ordinance, being Ordinance No. 2006 -2 was duly and regularly introduced before and
adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held
on the 24th day of January 2006, and that the same was so passed and adopted by the following vote,
to wit:
Ayes: Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of January 2006.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2006 -2 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: January 28, 2006.
In witness whereof, I have hereunto subscribed my name this day of
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2006. r 1t17 j- �P
City Clerk
City of Newport Beach, California