HomeMy WebLinkAbout85-84 - Transfer of Allowed DevelopmentRESOLUTION NO. 85 -84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
APPROVING A TRANSFER OF ALLOWED DEVELOPMENT FROM
NEWPORT VILLAGE AND CIVIC PLAZA TO FASHION ISLAND
IN NEWPORT CENTER;
AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT
WHEREAS, as part of the development and implementation of the Newport
Beach General Plan, the Land Use Element has been prepared; and
WHEREAS, said element of the General Plan sets forth objectives and
supporting policies which serve as a guide for the future development of the
City of Newport Beach; and
WHEREAS, in General Plan Amendment 78 -2 (Resolution No. 9435), the
City established the ability to transfer development allocations in Newport
Center; and
WHEREAS, said transfers may be approved so long as the traffic system
is not adversely affected and that traffic generation, as it affects the major
intersections during critical peak periods, does not exceed the capacities
provided in the approved street development plan; and
WHEREAS, a Traffic Study was prepared for the proposed project; and
WHEREAS, the Traffic Study shows that the project as conditioned will
not result in adverse impact to the traffic system, and that the capacity of
major intersections is not exceeded or made worse by the project; and
WHEREAS, an Initial Study has been prepared in compliance with the
California Environmental Quality Act, and the State CEQA Guidelines; and
WHEREAS, based upon the information contained in the Initial Study,
it has been determined that the project, as mitigated, will not result in any
significant environmental effect; and
WHEREAS, all measures necessary to mitigate potential environmental
• effects to an insignificant level have been incorporated into the project; and
WHEREAS, the information contained in the Initial Study and Negative
Declaration has been considered in the decision on this project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach, that the transfer of development from Newport Village and Civic
. Plaza to Fashion Island be approved, subject to the following:
i
Prior to the issuance of any building or grading permits, the
applicant shall execute and record an agreement, the form and
content of which is acceptable to the Newport Beach City
Attorney, acknowledging that the transfer of development rights
approved results in commercially designated land with no
development rights, and that this is acceptable to the property
owner. The property owner shall also acknowledge that the City,
in taking this action, does not prejudice its ability to take
independent action on General Plan Amendment 85 -1(B) based upon
the merits of the proposal. Additionally, the property owner
shall, in the agreement, acknowledge they have no claim or right
to compensation if no additional development rights are granted
for the property from which the development rights have been
transferred.
BE IT FURTHER RESOLVED that the Negative Declaration prepared is
adequate for the proposed project.
ADOPTED this 28th day of October 1985.
ATTEST;
CITY CLERK
PLT /kk
CC15
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