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HomeMy WebLinkAboutCalTrans West (PA2006-016) 4850 W Coast HwyCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 February 9, 2006 TO: PLANNING COMMISSION FROM: Planning Department Jaime Murillo, Associate Planner (949) 644 - 3209, jmmurillo(&citv.newport- beach.ca.us SUBJECT: General Plan Amendment No. 2006 -001 Local Coastal Program Amendment No.2006 -001 Code Amendment No. 2006 -001 CalTrans West Property, 4850 W. Coast Highway (PA2006 -016) INITIATED BY: City of Newport Beach ISSUE Should the City approve a General Plan Amendment to change the land use designation of the CalTrans West property from Single Family Attached to Recreation & Environmental Open Space? In addition, a Local Coastal Program Amendment is proposed to change the coastal land use designation from Medium Density Residential (RM -B) to Open Space (OS), and a Code Amendment is proposed to repeal the CalTrans West Planned Community text and change the zoning designation of the site from Planned Community (PC) to Open Space- Active (OS -A). RECOMMENDATION Staff recommends the Planning Commission adopt the attached resolution recommending approval of General Plan Amendment No. 2006 -001, Local Coastal Program Amendment No. 2006 -001, and Code Amendment No. 2006 -001 to the City Council. DISCUSSION Background On January 24, 2006, the City Council approved the initiation of this subject General Plan Amendment with the intent to clearly state the City's goal to remove the residential CalTrans West GPA February 9, 2006 Page 3 development possibilities of the site and emphasize that the City s land use goal for the site is development of an active park and the preservation of open space consistent with the Recreation and Open Space Element. The site was originally acquired in the 1960's by the State Department of Transportation (CalTrans) in anticipation of the construction of the Coast Freeway. The Coast Freeway has since been removed from the State Highways and Freeways Master Plan, and the site is considered excess right -of -way at this time by CalTrans. CalTrans now plans to dispose of site. The first City of Newport Beach planning document, which established future land use for the site, was the 1957 Master Plan. This plan showed the site for single family residential development in recognition of the Melrose Mesa Tract approved by the County of Orange along the bluff top. This tract was never developed. Shortly after the annexation of the area into the City in January of 1964, Master Plan Amendment No. 9 was adopted, which changed the designation of the site to a commercial office and multi- family designation. In 1973, the City adopted the General Plan, as required by State planning law. The site was designated for Multi - Family Residential use, with the bluff faces along Coast Highway designated for Recreational and Environmental Open Space. The site was not specifically discussed in either the Land Use Element or the Recreation and Open Space Element. In 1976, the General Plan was amended to place the property into a specific plan area, along with other nearby rights -of way; however, a specific plan was never implemented. In 1978, the site was designated for Recreational and Environmental Open Space. This amendment, part of GPA 78 -2, was done for the purpose of encouraging an eligible state agency (State Fish and Game Department, Department of Parks and Recreation, Coastal Conservancy, or Wildlife Conservation Board) to acquire the parcel pursuant to the provisions of Proposition 3. Proposition 3 was a constitutional amendment which allowed the State legislature to transfer coastal property acquired with gas tax funds to other state agencies at acquisition cost. None of the eligible state agencies acquired the site as authorized; however, the amendment was approved by the City Council over objections of the Legal Division of the State Department of Transportation in order to promote the creation of a park and open space. In 1981, the City initiated a General Plan Amendment, requested by CalTrans, to change the land use designation back to Multi - Family Residential. GPA 81 -2 was adopted in May of 1983 and permitted a maximum of 152 dwelling units at the site. This amendment was done in conjunction with a right -of -way exchange between the City and CalTrans, allowing the City to widen Superior Avenue to its Master Plan 4 lane divided cross section and realign the roadway to create a better intersection with Coast CalTrans West GPA February 9, 2006 Page 4 Highway. The Multi- Family Residential designation was later changed to a newly established Single Family Attached designation in 1988 as part of the comprehensive update to the Land Use Element. In 1994, the site had yet to be developed and the City began working with CalTrans regarding the designation of the site to facilitate the possible acquisition of the site by the City for park and open space purposes. The Land Use Element language developed by the City, and agreed to by CalTrans, would allow for the possibility of transferring the existing entitlement to other sites in the City with the result of allowing CalTrans to retain a residential value of the site. These negotiations resulted in the approval of General Plan Amendment No. 94 -3(A) on January 23, 1995 that established the development of a park as the preferred land use for the site while allowing the transfer of the residential units, subject to specific criteria set forth in the Land Use Element. The site retained the Single Family Attached land use designation however. During the public hearings on the CalTrans West General Plan Amendment, members of the public raised questions regarding a residual parcel also owned by CalTrans on the easterly side of Superior Avenue, which was created by the realignment of that roadway. The site became known as the CalTrans Residual parcel and, although the site carried no entitlement, there was interest that the parcel be acquired for open space. The residual site was then redesignated from Governmental, Educational and Institutional Facilities, with no square footage allocation or development intensity entitlement, to the Recreational and Environmental Open Space (REOS) designation under the approval of GPA 95 -1(A) on January 8, 1996. In consideration for the REOS designation, an additional entitlement of 8 dwelling units was allocated to the CalTrans West parcel, for a total of 160 dwelling units. It was the intent that if residential development occurred on the CalTrans West site, the CalTrans residual site could partially be used to satisfy the park dedication requirements of the residential development. In 1998, the City adopted a comprehensive revision to the Recreation and Open Space Element of the General Plan by adopting GPA 94 -2(E) that designated the CalTrans West site for a 6 to 14 acre "neighborhood and view" park. To date, the property remains under the ownership of CalTrans and is yet to be developed. Site Overview CalTrans West The CalTrans West parcel is located at 4850 West Coast Highway, more specifically at the northwesterly corner of Superior Avenue and West Coast Highway. The site is currently vacant and is approximately 14.25 acres in size. To the north of the site is the Newport Crest townhouse development. To the east, across Superior Avenue, is the CalTrans West GPA February 9, 2006 Page 5 lower campus of Hoag Hospital and the Sunset View Park. To the south, across Coast Highway, is the Lido Sands single family home development. The undeveloped Banning Ranch property is located to the west. CalTans Residual Parcel The CalTrans Residual parcel is located at the northeast of Superior Avenue and West Coast Highway adjacent to the Sunset View Park. The site is currently vacant and is approximately 0.8 acres in size. To the north of the site is Villa Balboa Condominium development. To the east, is the lower campus of Hoag Hospital. To the south, across Coast Highway, is a retail commercial shopping center. And directly to the west is the Sunset View Park, and across Superior Avenue is the CalTrans West parcel. Analysis Although the intent of the Land Use Element is to develop the CalTrans West site as a park and facilitate the transfer of residential units to another possible site, there remains a remote possibility that the site could eventually be developed for residential use, which would preclude the development of a park pursuant to the Recreation and Open Space Element. Proposed General Plan Amendment CalTrans West The CalTrans West property is located within Sub -Area 2 of Statistical Area A2 (Northwest Newport) of the Land Use Element of the General Plan, and as previously mentioned, is currently designated for Single Family Attached residential use and permits a maximum development of 160 dwelling units total to be transferred to another site within the City. The existing Land Use Element text has been attached for reference as Exhibit 2. The proposed amendment will change the land use designation to Recreational and Environmental Open Space and add language in the Land Use Element specifically removing the residential possibilities of the site and designating the site for a neighborhood park with active sports fields and support facilities. The proposed Land Use Element Text (Sub -Area 2 of Statistical Area A2) has been revised as follows: Caltrans West The site consists of approximately 14.25 acres of vacant land and is located west of Superior Avenue, north of Pacific Coast Highway, and south of the Newport Crest Condominium complex. It is designated Recreational and Environmental Open Space, and is proposed to include a new neighborhood park with active sports fields and support facilities. CalTrans West GPA February 9, 2006 Page 6 CalTrans Residual The CalTrans Residual parcel is located within Sub -Area 7 of Statistical Area A3 (Hoag Hospital Area) of the Land Use Element of the General Plan, and is designated for Recreational and Environmental Open Space. However, the language in the Land Use Element also includes discussion related to the allocation of 8 dwelling units to the CalTrans West site (Exhibit 2). Therefore, for consistency with the land use changes to the CalTrans West site, the Land Use Element must also be amended to eliminate discussion pertaining to the 8 additional dwelling units allocated to CalTrans West. The Proposed Land Use Element Text (Sub -Area 7 of Statistical Area A3) has been revised as follows: Cal Trans Residual Parcel. The parcels owned by the California State Department of Transportation and the City of Newport Beach on the easterly side of Superior Avenue created by the realignment of Superior Avenue are designated for Recreational and Environmental Open Space. The site is intended to be added to the existing 0.8 acre Sunset View Park in order to increase its area and add new turf areas, benches, and walkways. The addition will extend the view park to the public parking lot off Superior. Land Use Element The Land Use Element of the General Plan sets forth objectives, policies and limitations for development in the City and designates the general distribution and location of land uses and residential and commercial densities. During its review, staff found that Policy A should be considered. Land Use Element Policy A states: "The City shall provide for sufficient diversity of land uses so that schools, employment, recreation areas, public facilities, churches and neighborhood shopping centers are in close proximity to each resident of the community." Growth Management Element The Growth Management Element is intended to mandate that growth and development be based upon the City's ability to provide an adequate circulation system pursuant to the Orange County Division, League of California Cities: Countywide Traffic Improvement and Growth Management Plan Component. During its review, Staff found that Policy No. 6 should be considered. Growth Management Policy No. 6 (Balanced Land Use) states: "It is the policy of the City to foster balanced land use as a means of creating opportunities for people to live, work, shop, and play within the same general area, thereby reducing demands on the circulation system. CalTrans West GPA February 9, 2006 Page 7 Both, Land Use Element Policy A and Growth Management Policy No. 6, discuss balancing land uses and providing recreational areas in close proximity to residential areas that will prove useful in connection with each other. Designating the site REOS will ensure the future development of the site for park and recreational purposes to serve the needs of the residents in the West Newport area. A detailed discussion of the park and recreational needs of the West Newport area is provided below. Recreation and Open Space Element The goal of the Recreation and Open Space Element of the General Plan is to "maintain a recreation and open space system which meets the recreational needs of the citizens of Newport Beach and which enhances the unique recreational and environmental resources of the City". The two sites are located within the West Newport area, which is identified in the Recreation and Open Space Element of the General Plan as Service Area 1, and is significantly deficient in park and recreation facilities. The parkland acreage needs for Service Area 1 have been significantly deficient since 1998 even when combining the park and beach acreage for West Newport. A majority of the existing recreational land in West Newport is comprised of beaches, which results in an even larger deficiency in the need for sports fields within a community or neighborhood level park. The total rate of park acreage deficiency is projected to increase to 27.8 % by the year 2010 as identified in the table below: 1: West 1 64.7 9.1 34 43.1 221.6 70.9 43.1 - 27.8 0 Newport Source. Recreation and Open Space Element: Table 2.1 Parkland Acreage The Facilities Plan of the Recreation and Open Space Element describe the CalTrans West site as a potential site for a neighborhood park and a view park. The site is proposed to include a neighborhood park with active sports fields and support facilities. The facility will also serve some existing and future residents in adjacent service areas. The Facilities Plan also describes the CalTrans Residual site as a potential site for the Sunset View Park addition to be added to the existing .8 acre Sunset View park in order to increase its area and add new turf areas, benches, and walkways. The addition will extend the view park to the public parking lot off Superior Avenue. Additionally, the Facilities Plan has described a possible Coast Recreation Trail, which will cross Superior Avenue and link Sunset View Park, the CalTrans West Park, and the CalTrans West GPA February 9, 2006 Page 8 future West Newport blufftop bicycle trail. Therefore, the proposed amendment is consistent with the goals Recreation and Open Space Element. Local Coastal Plan Amendment The Coastal Land Use Plan of the Local Coastal Program (LCP) sets forth goals, objectives, and policies that govem the use of land and water in the coastal zone within CalTrans West GPA February 9, 2006 Page 9 the City and addresses land use and development, public access and recreation, and coastal resource protection. Currently, the CalTrans West site is designated as Medium Density Residential (RM -B). Therefore, an amendment to the LCP is required to change the designation to Open Space (OS), to maintain consistency with the proposed General Plan Amendment. During its review, staff found that several of the policies contained within the LCP should be considered and are discussed below: Land Use and Development Policies 2.3.1 -6 Where feasible, reserve upland areas necessary to support coastal recreational uses for such uses. 2.3.2 -1. Continue to designate lands to provide visitor- serving and recreational facilities and view parks on or adjacent to the shoreline. 2.3.3 -1. Encourage visitor- serving and recreational developments that provide public recreational opportunities. 2.3.3 -2. Continue to provide and protect public beaches and parks as a means of providing free and lower -cost recreational opportunities. 2.9.2 -1. Maintain, expand, and encourage the use of bikeways and trails as alternative circulation routes. 2.9.2 -2. Design and site new development to provide connections to existing and proposed bikeways and trail systems. Public Access and Recreation Policies 3.1.1 -1. Protect, and where feasible, expand and enhance public access to and along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and trails. 3.2.1 -1. Protect, and where feasible, expand and enhance recreational opportunities in the coastal zone. 3.2.1 -2. Continue to provide opportunities for a wide range of recreational activities at City parks and beaches. 3.2.1 -3. Provide adequate park and recreational facilities to accommodate the needs of new residents when allowing new development. Coastal Resource Protection Policies 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas. 4.4.1 -2. Where feasible, provide public trails, recreation areas, and viewing areas adjacent to public coastal view corridors. CalTrans West GPA February 9, 2006 Page 10 The sites are recognized in the LCP as proposed park locations (Coastal Views Map 4- 3- Attached as Exhibit 3) and are also identified as "public view points". Additionally, the map identifies the portion of Superior Avenue bisecting the two park locations as a "coastal view road ". The proposed amendment will ensure the preservation of the CalTrans West site for public recreational and open space uses and will remove any possibility of the site to be residentially developed, which could preclude the attainment of the LCP objectives. The project will expand the City's availability of visitor - serving /public recreational parks and will create additional free recreational opportunities in the coastal zone. As discussed in the Recreation and Open Space Element section of this report, the West Newport Service Area is significantly deficient in park and recreational facilities, specifically a neighborhood park with sports fields and support facilities. Preservation of the sites will also ensure the preservation of the public views that are currently available and will create an opportunity to take advantage of coastal views. The development of the sites will enhance the scenic and visual qualities of the coastal zone by facilitating the development of parks on them and eliminate the possibility of residential development that would degrade the visual qualities of the existing open space. Additionally, the preservation of the sites will facilitate the development of the Coast Recreation Trail, which will cross Superior Avenue linking the Sunset View park and the proposed CalTrans West park, and provide for a continuous blufftop bikeway in West Newport. For these reasons, the General Plan Amendment will assist in the attainment of the LCP policy goals. Zoning Code Amendment For consistency with the General Plan and Local Coastal Plan amendments, a Code Amendment is required to repeal the existing CalTrans West Planned Community Text and change the zoning designation from Planned Community (PC) to Open Space - Active (OS -A) to facilitate park development. The existing PC text contains modest development standards applicable to residential development of the site and allows 15 units per buildable acre. Specific access, view preservation, affordable housing, and park requirements are included as part of the development standards. The proposed OS -A zoning designation is consistent with the proposed General Plan and LCP land use designations. If approved, future development on the site would be required to comply with all standard OS -A zoning district development standards and land use regulations. Charter Section 423 (Measures The amendments consist of a change in land use designation from Single Family Attached to Recreational and Environmental Open Space and will result in a net loss in CalTrans West GPA February 9, 2006 Page 11 the number of permitted dwelling units by 160 within Statistical Area A2 of the Land Use Element of the General Plan. Additionally, using a more conservative County Park trip generation rate identified in Council Policy A -18, the conversion of 160 dwelling units to 14.25 acres park, will result in a net decrease of 112 AM peak hour trips and 114 PM peak hour trips. Therefore, none of the three thresholds to require a vote pursuant to Measure S (Greenlight) are exceeded. Environmental Review This project has been reviewed, and it has been determined that the proposed action qualifies for an exemption under the general rule contained in Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The general rule applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant affect on the environment. The guidelines further encourage agencies to adopt a list of project types that would qualify for an exemption under the general rule. Council Policy K -3 (Implementation Procedures for CEQA) identifies, "Minor changes to the Municipal Code which do not authorize physical development", as a project type which qualifies for an exemption under the general rule. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hail and on the City website. Alternatives The Planning Commission may recommend that the amendment be declined. Prepared by: Submitted by: J ime Murillo, Associate Planner Patricia L. Temple, PI nning Director Exhibits: 1. Resolution No. _ 2. Existing Land Use Element Text 3. LCP Coastal Views Map RESOLUTION NO. _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING ADOPTION OF GENERAL PLAN AMENDMENT NO. 2006- 001, LOCAL COASTAL PROGRAM AMENDMENT NO. 2006 -001, AND CODE AMENDMENT NO. 2006-001. WHEREAS, The City Council initiated an amendment to the General Plan (GPI 2006 -001) on January 24, 2006, to change the land use designation of the site, known as CalTrans West, located at the northwest comer of the intersection of West Coast Highway and Superior Avenue, from Single Family Attached to Recreational & Environmental Open Space, and a Code Amendment repealing the existing Planned Community text and to change the zoning designation to Open Space - Active; and WHEREAS, a public hearing was held by the Newport Beach Planning Commission on Feburay 9, 2006 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Municipal Code and State Law. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, The CalTrans West property is located within Sub Area 2 of Statistical Area A2 (Northwest Newport) of the Land Use Element of the General Plan and is currently designated for Single Family Attached residential use and allocated a total of 160 dwelling units; and WHEREAS, The CalTrans Residual property is located within Sub Area 3 of Statistical Area A3 (Hoag Hospital Area) of the Land Use Element of the General Plan and is currently designated for Recreational and Environmental Open Space, however contains language providing for the allocation of 8 dwelling units to the CalTrans West site; and WHEREAS, The City's preferred land use for the site is parklopen space active recreational use, as identiflied by the Land Use Element and the Recreation & Open Space Element; and WHEREAS, This site is located within the West Newport area, which is identified in the Recreation and Open Space Element of the General Plan as Service Area 1, which is illustrated to be significantly deficient in park and recreation facilities and is City of Newport Beach Planning Commission Resolution No. _ Page 2 of 4 currently deficient by 21.6 park acres and projected to be deficient by 27.8 park acres by the year 2010; and WHEREAS, The Local Coastal Program sets forth goals, objectives, and policies that govern the use of land and water in the coastal zone and addresses land use and development, public access and recreation, and coastal resources protection. Policies within the Local Coastal program encourage the City to designate lands to provide recreational facilities and view parks within the coastal zone, to provide park and recreational facilities to accommodate the needs of new residents, to expand the use of bikeways and trails systems, and to provide public trails, recreational areas and viewing areas adjacent to public coastal view corridors; and WHEREAS, The General Plan Amendment to change the land use designation from Single Family Attached to Recreational & Environmental Open Space will clearly set forth the City's goal for the site to be used for public recreational uses; and WHEREAS, For consistency with the proposed General Plan Amendment, a Local Coastal Plan Amendment is required to change the land use designation from Medium Density Residential (RM -B) to Open Space (OS) and a Code Amendment is required to repeal the CalTrans West Planned Community text and change the zoning designation of the site to Open Space - Active (OS -A) ; and WHEREAS, This project has been reviewed, and it has been determined that the proposed action qualifies for an exemption under the general rule contained in Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The general rule applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and no development is authorized by this action; and NOW, THEREFORE, BE IT RESOLVED Section 1. The Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt General Plan Amendment No. 2006 -001 to change the land use designation of the subject site as depicted on the land use map from Single Family Attached to Recreational & Environmental Open Space and revise language contained within the Land Use Element pertaining to the change in designation, as shown in Exhibit A. ,a City of Newport Beach Planning Commission Resolution No. _ Paae 3 of 4 Section 2. The Planning Commission hereby further recommends that the City Council of the City of Newport Beach adopt Local Coastal Program Amendment No. 2006 -001 to change the land use designation as depicted on the land use map from Medium Density Residential (RM -B) to Open Space (OS). Section 3. The Planning Commission hereby further recommends that the City Council of the City of Newport Beach adopt Code Amendment No. 2006 -001 to repeal the existing CalTrans West Planned Community text and change the zoning designation of the site from Planned Community (PC) to Open Space- Active (OS -A). PASSED, APPROVED AND ADOPTED THIS 9TH DAY OF FEBRUARY 2006. M M Micheal Toerge, Chairman Barry Eaton, Secretary AYES: NOES: `5 City of Newport Beach Planning Commission Resolution No. _ Page 4 of 4 EXHIBIT "A" Proposed Land Use Element Changes 1) Sub -Area 2 of Statistical Area A2 (Northwest Newport) located on page 29 of the Newport Beach Land Use Element is hereby amended to read as follows: Caltrans West. The site consists of approximately 94.25 acres of vacant land and is located west of Superior Avenue, north of Pacific Coast Highway, and south of the Newport Crest Condominium complex. it is designated Recreational and Environmental Open Space, and is proposed to include a new neighborhood park with active sports fields and support facilities 2) Sub -Area 7 of Statistical Area A3 (Hoag Hospital Area) located on page 31 of the Newport Beach Land Use Element is hereby amended to read as follows: Cal Trans Residual Parcel. The parcels owned by the California State Department of Transportation and the City of Newport Beach on the easterly side of Superior Avenue created by the realignment of Superior Avenue are designated for Recreational and Environmental Open Space. The site is intended to be added to the existing a 8 acre Sunset View Park in order to increase its area and add new turf areas, benches, and walkways. The addition will extend the view park to the public parking lot off Superior. All other provisions of the Land Use Element of the Newport Beach General Plan shall remain unchanged. ,110 EXHIBIT 2 Existing Land Use Element Text J,\ EXHIBIT 2 Existing Land Use Element Text (Sub -Area 2 of Statistical Area A2) Caltrans West. CalTrans West consists of approximately 14.25 acres of vacant land located west of Superior Avenue, north of Pacific Coast Highway, and south of the Newport Crest Condominium complex. The preferred future use of the site is recreationlopen space with active recreational uses accommodated on the site. Specific park improvements and the possible phasing ofpark uses if entitlement is transferred off-site shall be consistent with the Recreation and Open Space Element. The site is presently allocated 160 dwelling units subject to provisions intended to facilitate the transfer of all of this entitlement to other properties with special incentives relative to the transfer of entitlement to properties within the CalTrans West service area (as specified in the Recreation and Open Space Element) combined with a commitment of the owner of the transferee parcel to construct park improvements on -site. Eight (8) of these units are derived from the CalTrans Residual Parcel on the easterly side of Superior Avenue, in consideration for the designation of that site for Recreational and Environmental Open Space. jGPA 95- 1(A)j The transfer of entitlement shall generally proceed in accordance with the following: a. The property owner shall be entitled to transfer all or a portion of the residential entitlement to any other parcel within the City subject to the approval of a traffic study in the event of a transfer of 35 units or more and a City Council finding of General Plan consistency; h. The property owner shall be entitled to convert the residential entitlement to any other land use on a traffic equivalency basis and transfer the modified entitlement to any other parcel within the City subject to a traffic study (pursuant to Chapter 15.40 of the Newport Beach Municipal Code) in the event the transferred entitlement would generate more than 300 average daily trips and subject to a City Council finding of General Plan consistency; C. The transfer of entitlement shall constitute a permanent reduction in the entitlement allocated to the site and shall be accompanied by a written agreement signed by the property owner acknowledging that the reduction does not constitute a taking ofproperty; d. The transfer of entitlement to any site within service area 1, accompanied by a commitment on the part of the owner of the transferee parcel to construct park improvement shall, subject to City Council approval, entitle the owner of the transferee parcel to park dedication, or park in lieu fee credit as determined by the City Council but in no event less than a credit equal to the number of acres improved. The development entitlement shall be subject to strict compliance with the conditions, mitigations, and findings adopted by the City Council of the City of Newport Beach in conjunction with the approval of Resolution No 83 -43 to the extent that Resolution was applicable to CalTrans West. The designation of single family attached shown on the Land Use Plan (MAP) represents only the housing type anticipated to be constructed and is not intended to restrict the type of development approved on -site or off-site. This parcel may be developed with a mixed use project incorporating some or all of the residential product types authorized by the Land Use Element. [GPA 94 -3 (A)]. (Sub -Area 7 of Statistical Area A3) Cal Trans Residual Parcel. The parcels owned by the California State Department of Transportation and the City of Newport Beach on the easterly side of Superior Avenue created by the realignment of Superior Avenue are designated for Recreational and Environmental Open Space. This designation is in consideration for eight (8) additional units allocated to the CalTrans West site. Should the residential entitlement be exercised on the CalTrans West site, this site may be used to partially satisfy the park dedication requirements of the project. [GPA 95-1 (A)] l� EXHIBIT 3 LCP Coastal Views Map �o mv CL cs I.S 2 p Lq 0 (0 mj OA II LO '40 wall If Uj . .......... 11 71