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Home My WebLink About2016-130 - Approving Traffic Study No. TS2015-004 for the 100-Unit Museum House Residential Project Located at 850 San Clemente Drive (PA2015-152)RESOLUTION NO. 2016-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING TRAFFIC STUDY NO. TS2015-004 FOR THE 100 -UNIT MUSEUM HOUSE RESIDENTIAL PROJECT LOCATED AT 850 SAN CLEMENTE DRIVE (PA2015-152) WHEREAS, an application was filed by Related California Urban Housing, LLC (Applicant) with respect to property located at 850 San Clemente Drive, and legally described as Parcel 2 of the Parcel Map, in the City of Newport Beach, County of Orange (County), State of California, as shown on a map recorded in Book 81, Pages 8 and 9 of Parcel Maps, in the office of the County Recorder of said County; WHEREAS, the project includes demolition of the existing 23,632 -square -foot Orange County Museum of Art (OCMA) building to accommodate the development of a 25 -story, 100 -unit residential condominium building with two levels of subterranean parking. The Applicant requests the following approvals from the City of Newport Beach (City): • General Plan Amendment (GPA) — To amend Anomaly No. 49 to remove the property and to reduce the allowed development from 45,208 square feet to 21,576 square feet (Table LU2 and associated figures), and to change the land use designation for the property from Private Institutional (PI) to Multi -Unit Residential (RM -100) with a maximum development limit of 100 units. • Planned Community Development Plan Amendment (Zoning) — To change the San Joaquin Plaza Planned Community (PC) land use designation from Civic/Cultural/Professional/Office to Multi -Unit Residential. The PC amendment also includes new residential development standards including a 295 -foot height limit measured from finished grade. • Tentative Vesting Tract Map — To allow the 100 individual dwelling units to be sold separately as condominiums. • Site Development Review — To ensure site development is in accordance with the applicable planned community and zoning code development standards and regulations pursuant to Newport Beach Municipal Code (NBMC) Section 20.52.080 (Site Development Reviews). • Traffic Study — To study potential traffic impacts pursuant to the City of Newport Beach Traffic Phasing Ordinance. • Development Agreement —To voluntarily enter into a Development Agreement to provide surety and consistency in the future development of the Applicant's project. • Environmental Impact Report (EIR) — To address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals pursuant to the California Environmental Quality Act (CEQA). Resolution No. 2016-130 Page 2 of 5 • Revoke Use Permit - To revoke Use Permit No. UP2005-017 (PA2005-086), which allows beer and wine sales at the museum. • Revoke Modification Permit - To revoke Modification Permit No. MD2004-059 (PA2004-184), which allows flagpoles/signage beyond that allowed by the NBMC; WHEREAS, the subject property is located within the PC -19 (San Joaquin Plaza) Zoning District and the General Plan Land Use Element category is PI (Private Institutional); WHEREAS, the subject property is not located within the coastal zone; WHEREAS, a study session was held on April 7, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to introduce the project to the Planning Commission. No action was taken at the study session; WHEREAS, a study session was held on September 1, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to update the status of the project to the Planning Commission and review the conclusions of the Draft EIR. No action was taken at the study session; WHEREAS, a public hearing was held on October 20, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, the Planning Commission adopted Resolution No. 2033 by a unanimous vote of 7-0 recommending approval of the proposed project to the City Council; WHEREAS, a public hearing was held on November 29, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, the City Council adopted City Council Resolution No. 2016-127 approving General Plan Amendment No. GP2015-001 to amend Anomaly No. 49 to remove the property and to reduce the allowed development from 45,208 square feet to 21,576 square feet (Table LU2 and associated figures), and to change the land use designation for the property from Private Institutional (PI) to Multi -Unit Residential (RM -100) with a maximum development limit of 100 units; Resolution No. 2016-130 Page 3 of 5 WHEREAS, the City Council adopted Ordinance No. 2016-23 to change the San Joaquin Plaza Planned Community (PC) land use designation from Civic/Cultural/ Professional/Office to Multi -Unit Residential. The PC amendment also includes new residential development standards including a 295 -foot height limit measured from finished grade; WHEREAS, In accordance with NBMC Section 15.40.030(A) (Traffic Phasing Ordinance) a traffic study was prepared because the proposed project is projected to generate a net increase of more than 300 average daily trips above the existing development. The following findings and facts in support of such findings are set forth: Finding: A. That a traffic study for the project has been prepared in compliance with this chapter [15.40] and Appendix A. Facts in Support of Finding: 1. A traffic study, titled "Traffic Impact Analysis, OCMA — Residential Project, City of Newport Beach" dated April 29, 2016, was prepared by DKS Associates under the supervision of the City Traffic Engineer. The analysis included a project trip generation study to establish existing trip generation for the museum. A supplemental traffic analysis dated July 15, 2016, was also prepared that studied five additional intersections. Both studies were prepared and reviewed for compliance with NBMC Chapter 15.40 (Traffic Phasing Ordinance). 2. Based on the proposed project description, the proposed project is anticipated to generate approximately 418 average daily trips where the existing museum use generates 108 average daily trips. Since the net increase exceeds 300, a TPO study has been completed. No significant impacts related to traffic have been identified. Finding: G That, based on the weight of the evidence in the administrative record, including the traffic study, one of the findings for approval in subsection (8) can be made: Fact in Support of Finding: Construction of the project is anticipated to be completed in 2020. If the project is not completed within 60 months of receiving, preparation of a new traffic study is required. The traffic study included 15 study intersections plus five additional intersections in the supplemental traffic analysis. Eighteen of these intersections were analyzed for potential impacts based on the City's Intersection Capacity Utilization methodology. Resolution No. 2016-130 Page 4 of 5 Intersections under the jurisdiction of Caltrans were analyzed for potential impacts using the Highway Capacity Manual methodology. Utilizing these methodologies, the traffic study determined that the intersections identified will continue to operate at satisfactory levels of service as defined by the TPO. Finding: H. That the project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection. Fact in Support of Finding: No improvements or mitigation are necessary because implementation of the proposed project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council has considered the recommendation of the Planning Commission and has determined that modifications to the project made by the City Council, if any, are not major changes that require referral back to the Planning Commission for consideration and recommendation. Section 2: The City Council hereby approves Traffic Study No TS2015-004 based upon the findings provided in this resolution and the information and evidence presented at the public hearing. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Resolution No. 2016-130 Page 5 of 5 Section 5: CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The Museum House Project Final EIR (SCH No. 2016021023) was prepared for the project in compliance with CEQA, the State CEQA Guidelines, and City Council Policy K-3. By Resolution No. 2016-126, the City Council, having final approval authority over the project, adopted and certified as complete and adequate the Museum House Project Final EIR (SCH No. 2016021023) and adopted "Mitigation Monitoring and Reporting Program." Resolution No. 2016-126 is hereby incorporated by reference. Section 6: This resolution shall take effect immediately upon the effective date of City Council Ordinance No. 2016-23 adopting Planned Community Development Plan No. PC2015-001 and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 291h day of November, 2016. Diane B. Dixon Mayor ATTEST: Leila I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Jennifer Nelson, Assistant 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. 2016-130 was duly and regularly introduced before and adopted by the City Council of said City at a special meeting of said Council, duly and regularly held on the 29th day of November, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: Councilmember Petros IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 291" day of November, 2016. AssistQK-6z� � ant ity Clerk Newpo each, California (Seal)