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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 - 1 - 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 - 2 - 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. • 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: - 3 - • ATTEST JM \ORD \A703- CC.326 • 1p AYES, COUNCIL MEMBERS TURNER, WATT, SANSONE, PLUMMER, HART, STRAUSS NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS Cox