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HomeMy WebLinkAbout97-11 - Floor Area Ratio LimitsRESOLUTION NO. 97 -11 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO SET EXISTING FLOOR AREA RATIO LIMITS BY STATISTICAL AREA, RATHER THAN BY PARCEL, AND TO REVISE POLICIES ON VARIABLE FLOOR AREA RATIO LIMITS TO BE CONSISTENT WITH ZONING CODE PROPERTY DEVELOPMENT REGULATIONS WHEREAS, current land use policy establishes floor area limits for each of the City's statistical areas to insure that traffic generated by commercial land uses does not cause the City's circulation system to exceed desired levels of service; and WHEREAS, that due to the mix of land uses and the development constraints of individual parcels, the floor area limits of these statistical areas may not be reached; and WHEREAS, it is desirable to allow this uncommitted development potential to be used on • parcels that can accommodate the additional floor area; and • WHEREAS, current land use policy must be amended in order for this to occur; and WHEREAS, current land use policy establishes certain traffic generation limits that, which if implemented literally, would preclude most types of commercial development within the City; and WHEREAS, this land use policy must be amended to avoid conflicts with other land use policies and practices; and WHEREAS, pursuant to Section 707 of the Charter of the City of Newport Beach, the Planning Commission has held a public hearing to consider a certain amendment to the Land Use Element of the Newport Beach General Plan; and 1 Res. 97 -11 WHEREAS, on July 18, August 8, August 25, September 5, September 19, and October 10, • 1996, the Planning Commission of the City of Newport Beach held public hearings regarding this amendment; and WHEREAS, on February 10, 1997, the City Council of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, the public was duly noticed of the public hearings; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the previously certified Environmental Impact Report (EIR 140) prepared for the General Plan update is adequate to serve as the environmental document for this project. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: • SECTION 1: Development Policy B of Land Use Element of the General Plan shall be amended to read as follows: Policy B. To insure redevelopment of older or underutilized properties, and to preserve the value of property, the floor area limits specified in the Land Use Element allow for some modest growth. To insure that traffic does not exceed the level of service desired by the City, variable floor area limits shall be established based upon the trip generation characteristics of land uses. DISCUSSION Traffic projections described and discussed in the report prepared by Austin Foust are based upon the additional growth authorized in this Element and the trip generation characteristics of the various t? Res. 97 -11 uses that make up the four major land use categories. Analysis of existing development suggests that • retail and commercial areas typically generate 36 average daily trips for each 1,000 square feet of building area. Certain commercial and retail uses generate more average daily trips than others. For example, restaurants and fast food outlets generate 6 to 10 times more P.M. peak traffic than hotel or motel uses. General office more than 3 times the A.M. peak hour traffic than restaurant uses. Mini -marts generate more average daily trips than any use, but the trips are spread out during the day with little impact on peak hour traffic. To insure an appropriate mix of uses which will not overburden the circulation system, floor area limits should be based, within limits, on the trip generation characteris- tics of land uses. However, the City must exercise strict control over both the size of the structure and uses permitted to insure the trip generation characteristics of the project do not exceed those • anticipated for the "base Floor Area Ratio' limits established by this element. IMPLEMENTATION L� 1. The building intensity standards specified in this element establish a base floor area ratio within commercial areas and these limits shall be maintained except as provided in this policy. 2. The City shall establish a variable floor area limits based upon the trip generation characteristics of land uses . The variable floor area ratio limits shall be based upon the following criteria: a. The "base FAR" sets a square footage amount for the site or statistical area based on the estimated weekday vehicle trip generation rate and the number of weekday vehicle trips during peak traffic hours . These factors shall establish the "Traffic Generation Limit" for the site or statistical area in question. 3 Res. 97 -11 b. Land uses with significantly higher than average estimated weekday vehicle trip • generation rates or with a significantly high number of vehicle trips during peak traffic hours shall be limited to a reduced FAR calculated prorata on trip generation characteristics. C. Land uses with significantly lower than average estimated weekday vehicle trip generation rates or with a significantly low number of vehicle trips during peak traffic hours shall be increased to a maximum FAR calculated prorata on trip generation characteristics. d. Individual properties may be allowed to exceed the "base FAR" up to the "maximum FAR" established for the statistical area in which the property is located if the mix of existing and approved land uses does not exceed the statistical area's "base FAR" and • if there are no undeveloped or underdeveloped properties of sufficient size which, if developed, would cause the statistical area's "base FAR" to be exceeded. • e. The "base FAR" established for a statistical area can be exceeded up to the "maximum FAR" , if it can be demonstrated that the traffic generated from the proposed use does not exceed the "traffic generation limit" either in terms of total or peak hour trips. The increased FAR would be subject to: 1) Discretionary review by the City; 2) A finding that the building tenants would be restricted to the uses upon which the traffic equivalency was based; 3) A finding that the increased FAR does not cause abrupt scale relationships with the surrounding area; and Res. 97 -11 4) The recordation of a restrictive covenant which would bind future owners to • the low -trip generation uses which justified exceeding the base FAR. This amendment was introduced at a regular meeting of the City Council of the City of Newport Beach held on January 27, 1997, and adopted on the 10th day of February 1997, by the following vote, to wit: • ATTEST: AYES, COUNCIL MEMBERS DEBAY, GLOVER, EDWARDS, NOYES, O'NEIL, THOMSON NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS HEDGES CITY CLERK ()[AYOR 5 • • • STATE OF CALIFORNIA } COUNTY OF ORANGE } as. 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 seven; that the foregoing resolution, being Resolution No. 97 -11, 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 27th day of January, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, and Mayor Debay Noes: None Absent: Hedges Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of January, 1997. City Clerk of the City of Newport Beach, California