HomeMy WebLinkAbout97-12 - Floor Area Ratio Limits LCPRESOLUTION NO. 97 -12
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO THE
LOCAL COASTAL PROGRAM LAND USE 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 Local Coastal
Program Land Use Plan; and
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
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Res. 97 -12
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: Circulation Policy 14b of the Local Coastal Program Land Use Plan shall be
amended to read as follows:
b. 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:
1) 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.
2) 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.
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Res. 97 -12
3) 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.
4) 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.
5) 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:
a) Discretionary review by the City;
b) A finding that the building tenants would be restricted to the uses
upon which the traffic equivalency was based;
C) A finding that the increased FAR does not cause abrupt scale relatio-
nships with the surrounding area; and
d) The recordation of a restrictive covenant which would bind future
owners to the low -trip generation uses which justified exceeding the
base FAR.
This policy will be implemented through the adoption of a floor area ratio ordinance
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Res. 97 -12
providing for varying FAR's with varying intensities of land use.
• 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:
•
AYES, COUNCIL MEMBERS DEBAY, GLOVER,
EDWARDS, NOYES, O'NEIL, THOMSON
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS HEDGES
ATTEST:
CITY CLERK
•
9YOR
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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 seven; that the foregoing
resolution, being Resolution No. 97 -12, 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.
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City Clerk of the City of
Newport Beach, California