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RESOLUTION NO. 2011 -101 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE <br />DECLARATION NO. MN2011 -001, APPROVING TRANSFER OF <br />DEVELOPMENT RIGHTS NO. TD2010 -002; CONDITIONAL USE <br />PERMIT NO. 2011 -026, MODIFICATION PERMIT NO. 2011 -014, <br />AND WAIVER OF DEVELOPMENT AGREEMENT, AND FINDING <br />TRAFFIC STUDY NO. TS2011 -002 IN COMPLIANCE WITH THE <br />TRAFFIC PHASING ORDINANCE, FOR A NEW COMMERCIAL <br />DEVELOPMENT LOCATED AT 4221 DOLPHIN - STRIKER WAY <br />(PA2010 -135) <br />THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: <br />SECTION 1. STATEMENT OF FACTS. <br />1. An application was filed by Ridgeway/Whitney, Partnership, with respect to property <br />located at 4221 Dolphin- Striker Way, and legally described as Parcel 1 of Portion of Lot 4 <br />of Tract No. 7770, requesting approval of an amendment to the Newport Place (PC -11) <br />Planned Community Development Plan to accommodate the development of two new <br />commercial buildings of 13,525 square feet total. The following applications were <br />requested or required in order to implement the project as proposed: <br />a) An amendment to Newport Place (PC -11) Planned Community Development <br />Plan to change the zoning designation of the subject property from "Restaurant <br />Site 1" to "General Commercial Site 8 ", pursuant to Chapters 20.56 (Planned <br />Community District Procedures) and 20.66 (Amendments) of the Municipal Code. <br />b) A transfer of development rights to allow the transfer of 48 unbuilt hotel units, <br />from Hotel Site 2 -B (Fetcher Jones Vehicle Storage Facility at 1301 Quail Street) <br />and 1,620 square feet from General Commercial Site 7 (Lexus Dealership at <br />3901 MacArthur Boulevard) for a total of 5,529 square feet to the subject site, <br />pursuant to Chapter 20.46 (Transfer of Development Rights) of the Minicipal <br />Code. <br />c) A traffic study approval pursuant to Chapter 15.40 (Traffic Phasing Ordinance) as <br />the project will generate in excess 300 average daily trips (ADT). <br />d) A conditional use permit to modify the off - street parking requirements, allow for <br />the use of off -site parking, and to establish a parking management plan for the <br />site, pursuant to Chapter 20.40 (Off- Street Parking) of the Municipal Code. <br />e) A modification permit to deviate from the landscaping requirements of the <br />Newport Place (PC -11) Planned Community Development Plan, pursuant to <br />Section 20.52.050 of the Municipal Code. <br />