HomeMy WebLinkAbout95-9 - General Plan Amendment 94-3A Caltrans West SiteRESOLUTION NO. 95 -9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING GENERAL PLAN
AMENDMENT 94 -3(A) TO THE LAND USE AND RECREATION
AND OPEN SPACE ELEMENTS OF THE NEWPORT BEACH
GENERAL PLAN FOR THE CALTRANS WEST SITE
• 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, supporting
policies and limitations for development in the City of Newport Beach; and
WHEREAS, the Land Use Element of the General Plan designates the general
distribution and general location and extent of the uses of land and building intensities in a number
of ways, including residential land use categories and population projections, commercial floor
area limitations, the floor area ratio ordinances; and
WHEREAS, the Land Use and Circulation Elements are correlated as required by
California planning law; and
WHEREAS, the provisions and policies of the Land Use and Circulation Elements
are further implemented by the traffic analysis procedures of the Traffic Phasing Ordinance and
the implementation programs of that Ordinance and the Fair Share Traffic Contribution Fee
Ordinance; and
WHEREAS, the Recreation and Open Space Element sets forth the policies and
objectives of the City in the provision of parks and open space to serve the residents of the City,
and
WHEREAS, the proposal is compatible with the existing land uses in the area; and
WHEREAS, the circulation system will not be significantly impacted by the
• proposal; and
WHEREAS, pursuant to Section 707 of the Charter of the City of Newport Beach,
the Planning Commission has held a public hearing to consider certain amendments to the Land
Use and Recreation and Open Space Elements of the Newport Beach General Plan; and
WHEREAS, the Planning Commission recommended approval of these
amendments by the City Council; and
WHEREAS, pursuant to the California Environmental Quality Act it has been
determined that the change to the General Plan is minor in nature and, therefore, categorically
• exempt from the provisions of CEQA.
NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach that an amendment to the General Plan is approved, as follows:
Land Use Element, Page 25:
2. 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 recreation/open space with active recreational uses
accommodated on the site. Specific park improvements and the possible phasing of park
uses if entitlement is transferred off -site shall be consistent with the Recreation and Open
Space Element.
The site is presently allocated 152 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. The transfer of
entitlement shall generally proceed in accordance with the following:
1. 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;
2. 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;
3. 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 of property;
4. 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. 8343 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
2
project incorporating some or all of the residential product types authorized by the Land Use
Element
The Land Use Plan (Map) is also changed as shown on Exhibit 1.
Recreation and Open Space Element, Page 43.
10. CalTrans West Community Park - approximately 12 acres
This park, if implemented pursuant to the provisions of the Land Use Element, will be a
new community park with active sports fields and support facilities. The facility will serve
• some existing and future residents in adjacent service areas.
The Recreation and Open Space Plan Service Area Map 1 is also changed as shown on
Exhibit 2.
ADOPTED thisZardday of JaaU • 1995.
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Exhibit 1
GPA 94 -3 (A)
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Exhibit 2
Recreation and Open Space Element
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