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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 - 2 -