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Land Use Element Correction — Newport Coast <br /> Planning Commission, May 21, 2015 <br /> Page 3 <br /> Prior to 2001, the allowed number of hotel rooms in Planning Area 13 was 1,900 with an <br /> associated 2.66 million square feet. In 2001 a Coastal Development Permit approved by <br /> the Orange County Planning Commission transferred 250 hotel rooms from Planning <br /> Area 14 (adjacent to Crystal Cove Promenade) to Planning Area 13, for a total of 2,150 <br /> hotel rooms in Planning Area 13. The County was able to approve this change through <br /> a Coastal Development Permit without amending the LCP, based on a provision within <br /> the LCP allowing the County to make certain refinements. Refer to page 7 of the <br /> Coastal Development Permit that approved the transfer of the 250 hotel rooms included <br /> as Attachment No. PC 3. <br /> Pursuant to the Newport Coast LCP, (Planning Area 14 Section 1-4-A(4)), 300,000 <br /> square feet is allocated to the 250 hotel room development and supporting commercial <br /> uses that were transferred in the 2001 County approved CDP. Prior to the 2006 General <br /> Plan Update, the City's General Plan allocated 2,150 hotel rooms for all of Statistical <br /> Area N. It did not note the specific location or the amount of square footage allocated for <br /> the hotel and hotel related uses. Therefore, in addition to including the allowed 2,150 <br /> hotel rooms included in Anomaly No. 60 with the 2006 General Plan Update, the <br /> allocated floor area for hotel rooms and supporting commercial uses should have been <br /> 2.96 million square feet, not 2.66 million square feet. The 2001 Coastal Development <br /> Permit transfer approved by the County was not fully understood by City staff back in <br /> 2006 and resulted in the square footage omission for the 250 transferred hotel rooms. <br /> See the highlighted text of Attachment No. PC 4 (Planning Area 13 and 14 Excerpt) to <br /> view the development capacity numbers in the Newport Coast LCP and the Planning <br /> Area No. 13 map. <br /> Newport Coast Annexation and Development Agreement <br /> In 2001, the Newport Coast and Newport Ridge Planned Communities were annexed to <br /> the City and Development Agreement No. 14 ("DA") between the City, the Irvine <br /> Company, and the Irvine Community Development Company was executed. The DA <br /> includes a lengthy list of obligations and commitments. Specifically related to this issue, <br /> Section 3.1.1(b) states the following: <br /> (b) The City adopts, and maintains during the term of this Agreement, general <br /> plan and zoning designations for the Property that are essentially identical to the <br /> Newport Coast Local Coastal Program, general plan and zoning designations <br /> adopted by the County and in effect as of the Effective Date. <br /> Therefore, the City is obligated to maintain the General Plan consistent with the LCP. In <br /> this case, the City's land use designation of Visitor Serving Commercial is accurate; <br /> however the accompanying development limits stated for Anomaly 60 are not, as noted <br /> above. See the highlighted text of Attachment No. PC 4 (Annexation and Development <br /> Agreement Excerpt) to view the above provision in context. <br /> 3 <br />