HomeMy WebLinkAbout2015-13 - Approving the Transfer of Development Rights No. TD2014-002 within the North Newport Center Planned Community (PA2014-212)RESOLUTION NO. 2015 -13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA APPROVING THE TRANSFER
OF DEVELOPMENT RIGHTS NO. TD2014 -002 WITHIN THE
NORTH NEWPORT CENTER PLANNED COMMUNITY (PA 2014-
212)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by The Irvine Company, LLC ( "Irvine Company "), with respect to
property located within the North Newport Center Planned Community requesting
approval of a transfer of development rights.
2. The applicant proposes the transfer of 83,453 square feet of regional commercial
intensity from Fashion Island to Block 100; 16,500 square feet of theater seat intensity
from Fashion Island to Block 100; 12,656 square feet of regional commercial intensity
from Fashion Island to Block 600; and 134 square feet of general office intensity from
Block 500 to Block 600.
3. The General Plan designates Block 100 sub -area as CO -R (Regional Commercial
Office) that is intended to provide for administrative and professional offices that serve
local and regional markets with limited accessory retail, financial, service, and
entertainment uses. Blocks 500 and 600 sub -areas are designated as MU -H3 (Mixed
Use Horizontal), which allows regional commercial office uses and residential uses.
The Fashion Island sub -area is designated CR (Regional Commercial) and is intended
to provide retail, entertainment, service, and supporting uses that serve local and
regional residents.
4. The subject properties are not located within the coastal zone.
5. General Plan Policy LU 6.14.3 permits development rights to be transferred within
Newport Center as long as the transfer is consistent with the intent of the General Plan
and will not result in any adverse traffic impacts.
6. The Newport Center Planned Community Development Plan includes procedures that
implement General Plan Policy LU 6.14.3.
7. The North Newport Center Planned Community Development Plan transfer
implementation procedures provide that the City Council shall approve a transfer of
development rights if it finds that the transfer will result in no more PM peak hour trips
and no greater intensity of land use than the development allowed without the transfer.
8. Section IV(C)(5) of the North Newport Center Planned Community Development plan
provides that applications for the transfer of development rights are considered by the
City Council as a ministerial action.
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9. A trip transfer analysis titled North Newport Center Trip Transfer No. 7 ( Stantec
Consulting Services Inc., January 22, 2015) was prepared for the application for the
transfer of development rights in compliance with General Plan Policy LU 6.14.3 and
the North Newport Center Planned Community Development Plan.
10. The proposed transfer includes the conversion of land uses on a square foot per spare
foot basis except that theater use is allocated 16.1765 square feet per seat pursuant to
Section IV(C)(4) of the North Newport Center Planned Community Development Plan.
The conversion and transfer of unbuilt regional commercial intensity and theater use
from Fashion Island to Block 100 allows the re- occupancy of existing office
development and the reuse of an existing fitness facility in Block 600. Additionally,
unbuilt office intensity from Block 500 would be converted and transferred to Block 600
to allow reuse of existing fitness facility. Each conversion results in uses that are
existing and consistent with the General Plan land use designation applicable to the
property upon which they are located.
11. The trip transfer analysis found that the current entitlement would generate a total of
3,481 PM Peak Hour trips before the transfer and a total of 3,461 PM Peak Hour trips
after the transfer. Based on the results of the analysis, Stantec and the City Traffic
Engineer have determined that no adverse traffic impacts will result from the transfer.
12. A public meeting was held on February 24, 2015, in the City Hall Council Chambers,
located at 100 Civic Center Drive, Newport Beach, California. Notice of this hearing was
also published in the Daily Pilot and the item was shown on the agenda for this
meeting, which was posted at City Hall and on the City website. Evidence, both written
and oral, was presented to, and considered by, the City Council at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION
This action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to
Section 15268 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
which exempts ministerial projects from the requirements of CEQA. CEQA Guidelines
Section 15369 defines the term "ministerial' as a governmental decision involving little or no
personal judgment by the public official as to the wisdom or manner of carrying out the
project. The public official merely applies the law to the facts as presented but uses no
special discretion or judgment in reaching a decision. The transfer of development rights in
the North Newport Center Planned Community is a ministerial action under CEQA because it
only involves application of fixed standards.
SECTION 3. FINDINGS.
THE CITY COUNCIL FINDS THAT:
1. Consistent with General Plan Land Use Policy LU 6.14.3, the transfer is consistent
with the intent of the General Plan and the transfer will not result in any adverse traffic
impacts.
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2. Consistent with the North Newport Center Planned Community Development Plan, the
transfer will result in no greater intensity of land use and no greater traffic impact than
the development allowed without the transfer.
SECTION 4. DECISION.
NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves
as follows:
The City Council of the City of Newport Beach hereby approves Transfer of Development Rights
No. TD2014 -002 (PA2014 -212) consisting of the transfer of 83,453 square feet of regional
commercial intensity from Fashion Island to Block 100; 16,500 square feet of theater seat
intensity from Fashion Island to Block 100; 12,656 square feet of regional commercial
intensity from Fashion Island to Block 600; and 134 square feet of general office intensity
from Block 500 to Block 600.
SECTION 5. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held
to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of
the remaining portions of this resolution. The City Council hereby declares that it would have
passed this resolution, and each section, subsection, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses and phrases be
declared invalid or unconstitutional.
This resolution shall take effect immediately upon its adoption by the City Council and the City
Clerk shall certify the vote adopting the resolution.
ADOPTED this 24th day of February, 2015.
ATTEST:
Leilani 1. Brown,
City Clerk
Edward D. Selich,
Mayor
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. 2015 -13 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'" day of February, 2015, and that the
same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Petros, Council Member Curry,
Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon,
Mayor Selich
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 25h day of February, 2015.
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City Clerk
Newport Beach, California
(Seal)