HomeMy WebLinkAbout2012-63 - North Newport Center - Transfer of Development IntensityRESOLUTION NO. 2012 -63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING THE TRANSFER OF DEVELOPMENT INTENSITY
(TD2012 -002) FOR NORTH NEWPORT CENTER PLANNED
COMMUNITY AMENDMENT PROJECT
WHEREAS, the Irvine Company has applied to the City of Newport Beach for an
amendment to the North Newport Center Planned Community (NNCPC) Development
Plan to allow future development in NNCPC, which consists of seven sub -areas that
include Fashion Island, Block 600, Block 800 and portions of Blocks 100, 400, 500, and
San Joaquin Plaza of the Newport Center Statistical Area ('Property").
WHEREAS, as part of its application, the Irvine Company requests approval of
the amendment to Development Agreement No. DA2007 -002, entitled Amendment to
Zoning Implementation and Public Benefit Agreement Between City of Newport Beach
and the Irvine Company LLC Concerning Addition of Properties and Residential Units to
Zoning Implementation and Public Benefit Agreement (Portions of Newport Center
Blocks 100, 400 and 800 and San Joaquin Plaza).
WHEREAS, as part of its application, the Irvine Company also requests approval
of the transfer of development intensity (TD2012 -002), an amendment to Development
Agreement No. DA2007 -002, and an amendment to the NNCPC Development Plan
(PD2012 -001) to increase the residential development allocation within the NNCPC
from 430 dwelling units to a total of 524 dwelling units (increase of 94 units) and to
allocate the units to San Joaquin Plaza. Of the 94 units, 15 of the units are currently
allowed by the General Plan, but are unassigned to any specific property; the remaining
79 units would result from the conversion of un -built non - residential development
intensity (79 hotel rooms assigned to General Plan Anomaly Site No. 43) to multi - family
development intensity (79 multi - family units) and transfer of the converted development
intensity into the NNCPC.
WHEREAS, General Plan Land Use Policy LU 4.3 lists a number of criteria for
transfer of development intensity. In particular, transfer of development intensity in the
Newport Center Statistical Area is governed by Policy LU 6.14.3
WHEREAS, General Plan Policy LU 6.14.3 permits development intensity to be
transferred within Newport Center, subject to the approval of the City with the finding
that the transfer is consistent with the General Plan and that the transfer will not result in
any adverse traffic impacts.
WHEREAS, a traffic study entitled North Newport Center San Joaquin Plaza
TPO Traffic Analysis (Stantec Consulting Services Inc., May, 2012) was prepared for
the application and approved by the City Council on July 24, 2012, by Resolution No.
2012 -64. The traffic study supports the transfer of development intensity in compliance
with General Plan Policy LU 6.14.3.
SD \847835.1
WHEREAS, the traffic study found that consistent with General Plan Policy LU
6.14.3, the transfer of development intensity will not result in any adverse traffic
impacts.
WHEREAS, a trip generation analysis was prepared by Stantec Consulting
Services, Inc. (dated May 16, 2012) to compare the trip generation of the un -built 79
hotel rooms and the proposed 79 multi - family residential units to ensure the proposed
conversion would not result in a net increase of development intensity. The analysis
concludes that 79 residential units would generate 17 fewer AM peak hour vehicle trips,
17 fewer PM peak hour vehicle trips, and 315 fewer daily vehicle trips than the 79 hotel
rooms, demonstrating that the transfer of development intensity will not result in greater
intensity than development allowed without the transfer.
WHEREAS, the Planning Commission held a public hearing on July 5, 2012, in
the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California,
at which time the Planning Commission considered all project - related applications,
including Transfer of Development Intensity No. TD2012 -002, the amendment to
Development Agreement No. DA2007 -002, as well as the traffic study and trip
generation comparison. A notice of time, place, and purpose of the meeting was duly
given in accordance with the Municipal Code. Evidence, both written and oral, was
presented to and considered by the Planning Commission at this meeting. At the
conclusion of the hearing and after considering the evidence and arguments submitted
by the City staff, the Irvine Company, and all interested parties, the Planning
Commission adopted a resolution recommending approval of the transfer of
development intensity by majority vote.
WHEREAS, the City Council held a public hearing on July 24, 2012, in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which
time the City Council considered all project - related applications, including Transfer of
Development Intensity No. TD2012 -002, the amendment to Development Agreement
No. DA2007 -002, as well as the traffic study and trip generation comparison. A notice
of time, place, and purpose of the meeting was duly given in accordance with the
Municipal Code. Evidence, both written and oral, was presented to and considered by
the City Council at this meeting, including the evidence and arguments submitted by the
City staff, the Irvine Company, and all interested parties.
WHEREAS, the City Council finds that:
(1) Consistent with General Plan Policy LU 6.14.3, the transfer of development
intensity is consistent with the General Plan in that it relocates un -built
development intensity within Newport Center, maintaining the balance of uses
set forth in the General Plan for Newport Center. The Newport Beach Marriott
Hotel site (Anomaly Site No. 43) has a General Plan Land Use designation of
Visitor Serving Commercial (CV) and the reduction of allowable development
intensity by 79 hotel units would not result in any physical changes at the site nor
would it result in a change in land use. The hotel would continue operating with
2
SD \847835.1
532 rooms and serve visitors to the City consistent with the intent of the General
Plan's CV land use designation. The San Joaquin Plaza is within the NNCPC
and is designated MU -H3 (Mixed Use Horizontal), which allows residential uses.
Both the General Plan and the NNCPC Development Plan identify the San
Joaquin Plaza for potential development with multi - family residential uses.
Therefore, the proposed conversion and transfer of development intensity can be
found consistent with the General Plan.
(2) Consistent with General Plan Policy LU 6.14.3, the transfer of development
intensity will not result in any adverse traffic impacts, as documented in the traffic
study.
(3) Consistent with General Plan Policy LU 6.14.3, the transfer of development
intensity will not result in greater intensity than that which is allowed without the
transfer, as documented in the trip generation comparison.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council of the City of Newport Beach does hereby approve Transfer of
Development Intensity TD2012 -002, based on the weight of the evidence in the
administrative record including the traffic and trip generation studies.
2. This Resolution shall not go into effect until the City Council approves or adopts
all of the following: (1) the amendment to the North Newport Center Planned
Community Affordable Housing Implementation Plan; (2) Planned Community
Development Plan Amendment No. PD2012 -001; and (3) the amendment to
Development Agreement No. DA2007 -002, entitled Amendment to Zoning
Implementation and Public Benefit Agreement Between City of Newport Beach
and the Irvine Company LLC Concerning Addition of Properties and Residential
Units to Zoning Implementation and Public Benefit Agreement (Portions of
Newport Center Blocks 100, 400 and 800 and San Joaquin Plaza.
3. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
4. This resolution was approved, passed and adopted at a regular meeting of the
City Council of the City of Newport- Beach,,held n the 20 day of July, 2012.
ATTEST:
�& �, I�UYV�
CITY CLERK
MA
3
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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. 2012 -63 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 24° ay of July, 2012, and that the same
was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner
Noes: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 25° day of July, 2012.
City Clerk
Newport Beach, California
(Seal)