HomeMy WebLinkAbout90-16 - Amending Title 20 of the Municipal Code So as to Provide for Transfer of Development Rights (Planning Commission Amendment No. 703)ORDINANCE NO. 9 0 -16
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING TITLE 20 OF
THE MUNICIPAL CODE SO AS TO PROVIDE FOR
TRANSFER OF DEVELOPMENT RIGHTS
• (Planning Commission Amendment No. 703)
WHEREAS, the City of Newport Beach has recently completed major
revisions to the Land Use and Circulation Elements of the General Plan; and
WHEREAS, as a part of these revisions the City reviewed all of its existing
commercial intensity standards and permitted residential densities and determined that
the previous allowable development would adversely impact the City's existing circulation
system; and
WHEREAS, in order to determine the levels of development that could be
accommodated in the City, a computerized Traffic Model was developed to analyze the
impacts of different levels of commercial, residential, and industrial growth on the City's
circulation system; and
WHEREAS, after over eighteen months of public input, extensive analysis
by staff and consultants, and many public hearings before the Planning Commission and
City Council, the Land Use Element of the General Plan now establishes specific levels
of development, both commercial and residential, that are correlated with the Circulation
Element; and
WHEREAS, the revised Land Use Element of the General Plan provides
for the transfer of development rights, and
WHEREAS, at its meeting of August 10, 1989, the Planning Commission
initiated Zoning Amendments No. 687, etc., in order to implement the provisions of the
revised General Plan; and
WHEREAS, on March 8, 1990, the Planning Commission of the City of
Newport Beach held a public hearing regarding Amendment No. 703 and voted to
recommend approval of the amendment; and
WHEREAS, on April 9, 1990, the City Council of the City of Newport
Beach held a public hearing regarding the amendment; and
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WHEREAS, the public was duly noticed of the public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach does
hereby ordain as follows:
SECTION 1. The Newport Beach Municipal Code is hereby amended to
• include Section 20.07.060, TRANSFER OF DEVELOPMENT INTENSITY, as follows:
20.07.060. TRANSFER OF DEVELOPMENT INTENSITY. The
Planning Commission may, by use permit, provide for the transfer of development
intensity from any one or more parcels to any other parcel or parcels, provided that the
requirements of this section are met.
A. DEFINITIONS.
DECREASED SITE - -a parcel of land from which development rights are
transferred
INCREASED SITE - -a parcel of land to which development rights are transferred
B. TOTAL GROSS FLOOR AREA. The total gross floor area permitted on
the parcels involved in the transfer of development intensity shall not exceed the total
floor area which would otherwise be permitted by this chapter, taking into account the
types of uses to be developed.
C. MAXIMUM GROSS FLOOR AREA FOR AN INCREASED SITE. The
gross floor area on any increased site shall not exceed one times the buildable area of
the site or the gross floor area before the intensity transfer, whichever is greater.
D. MAXIMUM GROSS FLOOR AREA FOR A DECREASED SITE. The
maximum gross floor area permitted on a decreased site shall be reduced by amount of
the transfer of development intensity, taking into account the types of land use to be
developed and calculated in accordance with Section 20.07.040.
E. BUILDING BULK. As provided in Section 20.07.050, the total building
bulk permitted on the parcels involved in the transfer of development intensity shall not
exceed the total permitted gross floor area plus 0.25 times the total lot area of the
parcels.
F. VARIABLE AND FIXED FLOOR AREA RATIOS. Transfer of
development intensity shall not be permitted between a site having a fixed floor area
ratio and a site having a variable floor area ratio.
G. NONCONFORMING DEVELOPMENTS. Where a transfer of
development intensity involves any parcel which does not conform to current intensity
limits, the nonconforming condition shall be eliminated and the total gross floor area
following the intensity transfer shall be as provided in Subsection B, above.
H. DISTANCE BETWEEN TRANSFER SITES. The parcels between which
development rights are to be transferred shall not be separated by a distance in excess
of 1,000 feet unless the parcels are located within the same Planned Community District
_or a transfer of development intensity between specific sites is expressly provided under
the General Plan.
'qW I. TRAFFIC STUDY. Depending upon the distance between parcels involved
in a transfer of development intensity, a traffic study may be required in order to insure
against a net negative effect on the circulation system.
J. REQUIRED FINDINGS. When approving a use permit for a transfer of
development intensity, the Planning Commission, or the City Council on review or
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appeal, shall make the following findings in addition to those required under Section
20.80.060 A:
a. The transfer of development intensity will result in a more efficient use of
land or an increase in public visual open space.
b. The transfer of development intensity will result in a net benefit to the
aesthetics of the area.
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C. The increased development on the site, including above grade covered
parking, does not create abrupt changes in scale between the proposed development and
development in the surrounding area.
it
d. The proposed uses and structures, including above grade covered parking,
are compatible with the surrounding area.
e. The increased development on the increased site, including above grade
covered parking, will not result in significant impairment of public views.
f. The increased site is physically suitable for the development proposed,
including above grade covered parking, taking into consideration site characteristics
including, but not limited to, slopes, submerged areas, and sensitive resources.
g. The transfer of development intensity will not result in a net negative
impact on the circulation system.
h. The projections of traffic to be generated utilize standard traffic generation
rates generally applied to a use of the type proposed per City Council Policy S -1.
i. The proposed uses and physical improvements are such that the approved
projects would not readily lend themselves to conversion to higher traffic generating uses.
K LEGAL ASSURANCES. A covenant or other suitable, legally binding
agreement shall be recorded against the decreased site assuring that all of the above
requirements will be met by the current and future property owners.
SECTION 2. Sections 20.62.030.G and 20.63.045.E of the Newport Beach
Municipal Code shall be deleted.
SECTION 3. 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 within fifteen (15) days of its adoption. This Ordinance shall be
effective thirty days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach, held on the 26thday of March 1990, and was adopted on
the 23rd day of April 1990, by the following vote, to wit:
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ATTEST
JM \ORD \A703- CC.326
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AYES, COUNCIL MEMBERS TURNER, WATT, SANSONE,
PLUMMER, HART, STRAUSS
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS Cox