HomeMy WebLinkAbout13 - Transfer of Development Rights within the North Newport Center Planned Community (PA2014-212)CTY OF
F
NEWPORT BEACH
City Council Staff Report
February 24, 2015
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director — (949) 644-3226,
kbrandt@newportbeachca.gov
PREPARED BY: James Campbell, Principal Planner
PHONE: (949) 644-3210, jcampbell@newportbeachca.gov
TITLE: Transfer of Development Rights within the North Newport Center Planned
Community (PA2014-212)
ABSTRACT:
A request for City Council authorization to transfer development rights among Block 100, Block 500, Block
600, and Fashion Island within the North Newport Center Planned Community as permitted by the General
Plan and zoning regulations.
RECOMMENDATION:
a) Find the proposed transfer of development rights 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; and
b) Adopt Resolution 2015-13, A Resolution of the City Council of the City of Newport Beach Approving
the Transfer of Development Rights No. TD2014-002 within the North Newport Center Planned Community
(PA 2014-212) (Staff Report Attachment CC1), approving the following transfers of development rights:
1) 83,453 square feet of regional commercial intensity from Fashion Island to Block 100;
2) 16,500 square feet of theater seat intensity from Fashion Island to Block 100;
3) 12,656 square feet of regional commercial intensity from Fashion Island to Block 600; and
4) 134 square feet of general office intensity from Block 500 to Block 600.
FUNDING REQUIREMENTS:
There is no budgetary impact related to this item.
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DISCUSSION:
Project Setting and Description
The proposed transfers are located within Newport Center in Statistical Area L1 and are occurring among
the Block 100, Block 500, Block 600, and Fashion Island sub -areas as shown on Attachment CC2.
The Irvine Company proposes to transfer 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. The Draft Tracking Table (Attachment CC3)
provides the entitlements for each sub -area and the proposed transfer information.
Background
In December 2007, the City Council adopted the North Newport Center Planned Community Development
Plan and Design Regulations ("PCDP") and a Zoning Implementation and Public Benefit Agreement
("Zoning Agreement") with the Irvine Company. The PCDP and Zoning Agreement are intended to
implement land use changes authorized by the 2006 General Plan and provide vested rights to the Irvine
Company and public benefits to the City. The Zoning Agreement has the effect of a Development
Agreement. The PCDP has been amended twice. The first amendment was to add portions of Blocks 100,
400, and 800 to the PCDP, and the second amendment was to add the remainder of Block 800 and to
increase the number of residential units to accommodate the development of 524 apartments at the former
San Joaquin Plaza site. Additionally, the City Council has authorized several transfers of development
rights between the various sub -areas pursuant to General Plan Policy LU 6.14.3 and provisions of the
PCDP (Attachment CC4).
The previous transfers authorized the construction of the two new office towers in Newport Center at the
expense of San Joaquin Plaza (now demolished), all of Irvine Company's ownership in Block 100, and the
24 -Hour Fitness facility located in Block 600. Pursuant to Section 6.1 of the Zoning Agreement, the Irvine
Company must demolish or render non -habitable any existing building square footage that is transferred to
a new use before it can obtain final building approval or a certificate of occupancy for the square footage
transferred to that new use. This procedure ensures that building intensity does not exceed General Plan
limitations. The Irvine Company executed an agreement with the City to vacate 121,114 square feet in
Block 100 and 17,300 square feet in Block 600 (24 -Hour Fitness facility) when the office tower at 520
Newport Center Drive is ready for occupancy later this year. The purpose of the subject transfer is to
reoccupy five of the six existing office buildings in Block 100 that have been vacated, and to allow for the
reuse of the 24 -Hour Fitness facility.
Analysis
General Plan Policy LU 6.14.3 and the transfer procedures of the PCDP provide that development rights
may be transferred through a change in location and/or a conversion of nonresidential use to another
nonresidential use allowed by the General Plan or the PCDP. The General Plan designates Block 100
sub -area as CO -R (Regional Commercial Office) which provides 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 provides retail, entertainment, service, and supporting uses that serve local
and regional residents.
The proposed transfer includes the conversion of land uses on a square foot basis, except theater use is
allocated 16.1765 square feet per seat pursuant to Section IV.C.4 of the PCDP. The transfer includes:
1. 83,453 square feet of regional commercial intensity from Fashion Island to Block 100;
2. 16,500 square feet of theater seat intensity from Fashion Island to Block 100;
3. 12,656 square feet of regional commercial intensity from Fashion Island to Block 600; and
4. 134 square feet of general office intensity from Block 500 to Block 600.
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The proposed transfers and the associated uses are existing and are consistent with the General Plan
Section IV.0 of the PCDP outlines the procedure for transfers and designates the City Council as the
review authority. A traffic analysis is required to determine the total number of PM peak hour trips that
would be generated with and without the transfer. If the transfer involves a conversion from one land use
to another, an intensity analysis is required to determine the floor area that could be developed with and
without the transfer. The transfer is a ministerial action and the procedures require the City Council to
approve the transfer if it results in no greater traffic impact and no greater intensity (floor area) of land use.
The City retained Stantec Consulting Services Inc. to evaluate the trip generation of the proposed transfer
and prepare a peak hour trip transfer analysis. The Stantec report (Attachment CC5) concludes that the
proposed transfer would result in a small reduction of peak hour trips. As shown in Table 2 of the report, a
total of 3,481 PM Peak Hour trips would be generated before the transfer and a total of 3,461 PM Peak
Hour trips after the transfer. Therefore, no adverse traffic impacts will result from the transfer.
The effect of the transfers will allow the reuse of the 24 -Hour Fitness facility and re -occupancy of 99,953
square feet of Block 100 leaving one, 21,161 square foot building, non -habitable. The non -habitable
building will remain unoccupied, secured, and maintained by the Irvine Company to avoid blighting factors.
The Irvine Company has the option to demolish the building or identify a subsequent transfer of
development rights to re -occupy the building. Another option would be to apply for a General Plan
Amendment to increase development in Newport Center to account for the building.
ENVIRONMENTAL REVIEW:
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. The term ministerial is defined in Section 15369 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. The North Newport Center Planned Community Development Plan explicitly
states that applications for transfer of development rights shall be considered by the City Council as a
ministerial action.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item). Notice of this meeting 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.
ATTACHMENTS:
Description
Attachment CC1 - Resolution Approving TD2014-002
Attachment CC2 - Map Exhibit of North Newport Center Planned Community
Attachment CC3 - Draft Tracking Table
Attachment CC4 - General Plan Policy LU 6.14.3 & PCDP Transfer Procedure
Attachment CC5 - Stantec Consulting Trip Transfer Analysis
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Attachment M
Resolution Approving TD2014-002
13-4
RESOLUTION NO. 2015-
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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City Council Resolution No.
2 of 3
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:
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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City Council Resolution No.
3of3
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 day of 2015.
Edward D. Selich, Mayor
ATTEST:
Leilani I Brown, City Clerk
13-7
Attachment CC2
Map Exhibit of North Newport Center Planned Community
13-8
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13-9
Attachment CC3
Draft Tracking Table
13-10
Tracking Development Rights
North Newport Center Planned Community
Date: December 22, 2014
Tracking No: TD2015-1
Brief description of action: Transfer of 99.953 situate feet from Fashion Island to Block 100, Transfer 12.656 square feet from Fashion Island to Block 600 and 134 square feet from Block 500 to Block 600 Per City Council Resolution 2015 -
Sub -Area
Entitlement
Existing Development
Remaining Entitlemenf
Donor
Transfer
Recipient
Suspended Square Demolish
Footage'
Entitlement
Post Transfer
Existing Development
Remaining
Entitlement
Fashion Island
Regional Commercial
1,619,525
1,519,114
100,411
96 109
1,523,416
1,519,114
4,302
Theatre Seats'
1,700
680
1,020 (16,500 sq
16,500
680
680
0
Block 100
0
0
0
(83,453,16,500)99,953
21,161
99,953
99,953
0
Block 400
91,727
91,727
0
91,727
91,727
0
Block 500
Office/Commercial 1
599,659
599,525
134
3d
599,525
599,525
0
Residential Units
0
D
0 1
0
0
0
Block 600
OfficalCommerciap
1,507,537
1,298,109
2,218°,2,2921
(12,656+184)12,790
1,600.327
1,298,109
17,300
Hotel Rooms
295
295
0
295
295
0
Residential Units
0
0
0
0
0
0
Block 600
Office/Commercial
286,166
286,166
0
286,166
286,166
0
Residential Units
245
245
0
245
245
0
San Joaquin Plaza
Offce/commercal
95,550
95,550
0
241,711
95,550
95,550
0
Residential Units
524
0
524
524
q 1
524
The table above Is intended to track development within the North Newport Center Planned Community district. The table shall be submitted to the City of Newport Beach In conjunction with building permll applicallons. The table shall be updated following Issuance of Certifcate of Occupancy to ensure any
discrepancies between the development permitted and the development constructed are renemed. The Zoning Implementation and Public Benefit Agreement addresses the transfer of development rights from existing buildings to new buildings. The relevant language appears In Section 6.1 won development
agreement as follows:
Notwithstanding any other provision in this Agreement to the contrary, if at any time during the Tenn of this Agreement, Landowner transfers a development right Thom a building or buildings anywhere within the Property to any other building within the property, the building(s) from which the development
right is trensfened must be demolished and elected or transformed into an authorized non -habitable use that does not count as development intensity under the General Plan before Landowner can obtain final building permit approval ora certificate ofoccupancy for the new building(s).
' The suspended square footage column indicates square footage that is slated for conversion to non -habitable use. Once this square footage is converted to a non -habitable use it
will be moved from the suspended square footage column into doe demolish column.
'
1,70 Theatre Seats equates to 27.500 Regional Commercial square feel, per the North Newport Center Pleoned Community Development Plan
s The General Plan entitlement figure includes allocations for hotel square footage, which is not represented in the Existing Development or Remaining Development columns.
Fallowing C of O for 650 Newport Center Drive, square footage adjustments occurred, deducting square footage for doe two level anditoriom and adding square footage for the Engineering Office
located in the parking structure at 670 Newport Center Drive. These adjustments resulted m 2,218 square feet remaining in Block 600.
` Existing accessory uses consisting of onsite cafes at 610 Newport Center Detre (Java Cafe - 1,582 square feet) and 660 Newport Center Drive (Le Petit Caf6- 710 square feet).
CAA Planning
City Acknowledgement
Signature Date
Title
13-11
Attachment CC4
General Plan Policy LU 6.14.3 & PCDP Transfer Procedure
13-12
Land Use Element
LM
LU 6.14
A successful mixed-use district that integrates economic and commercial centers serving the needs of
Newport Beach residents and the subregion, with expanded opportunities for residents to live close to
jobs, commerce, entertainment, and recreation, and is supported by a pedestrian -friendly environment.
Policies
LAND USES [refer to Figure LU2 1]
LU 6.14.1 Fashion Island 1"CR"designation)
Provide the opportunity for an additional anchor tenant, other retail, and/or
entertainment and supporting uses that complement, are integrated with, and
enhance the economic vitality of existing development. A maximum of 213,257
square feet of retail development capacity specified by Table LU2 (Anomaly
Locations) may be reallocated for other permitted uses in Newport Center,
provided that the peak hour vehicle trips generated do not exceed those
attributable to the underlying retail entitlement. The Planning Director shall revise
this number upon approval of the transfer or conversion of the retail
development capacity with approval by the City Council. (Imp 2.1)
LU 6.14.2 Newport Center [AMU -H3," "CO -R," "CO -M, "and "RM"designations/
Provide the opportunity for limited residential, hotel, and office development in
accordance with the limits specified by Tables LU1 and LU2. (Imp 2.1)
DESIGN AND DEVELOPMENT
LU 6.14.3 Transfers of Development Rights
Development rights may be transferred within Newport Center, subject to the
approval of the City with the finding that the transfer is consistent with the intent
of the General Plan and that the transfer will not result in any adverse traffic
impacts. (Imp 2.1)
LU 6.14.4 Development Scale
Reinforce the original design concept for Newport Center by concentrating the
greatest building mass and height in the northeasterly section along San Joaquin
Hills Road, where the natural topography is highest and progressively scaling
down building mass and height to follow the lower elevations toward the
southwesterly edge along East Coast Highway. (Imp 2.1, 3.1, 4.1)
LU 6.14.5 Urban Form
Encourage that some new development be located and designed to orient to the
inner side of Newport Center Drive, establishing physical and visual continuity
that diminishes the dominance of surface parking lots and encourages pedestrian
activity. (Imp 2.1, 3.1, 4.1)
Newport Beach General Plan
13-13
Land Uses, Development Standards & Procedures
Section II. Land Use and Development Regulations
1. Fashion Island
The total gross floor area for Fashion Island is 1,619,525 square feet plus 1,700 movie theater seats.
The movie theater building area is equivalent to and may be converted to 27,500 square feet of retail
development. The conversion of the movie theater to retail space shall not require any additional
parking. The gross floor area for Regional Commercial development is the total horizontal floor area
of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of
common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed
patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered
parking, driveways or loading areas.
2. Mixed -Use Sub -Areas
The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 524 residential
units and 295 hotel rooms are permitted within the Mixed -Use blocks. Residential and hotel uses are
measured on a per unit basis. The gross floor area for all other permitted uses is the total enclosed
area of all floors of a building measured to the outside face of the structural members in exterior
walls, including halls, stairways, elevator shafts at each floor level, service and mechanical
equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are
covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical
spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Development
limits for residential uses are based on unit counts, and are not within square footage limits. Support
uses are not included in the square footage development limits and shall not require parking.
3. Commercial Office Blocks
The maximum development limit for the commercial office blocks is specified in Table 2 above. The
gross floor area for all permitted uses is the total enclosed area of all floors of a building measured to
the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts
at each floor level, service and mechanical equipment rooms and basement or attic areas having a
height of more than seven feet. Excluded are covered porches, walkways and loading docks, service
tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not
counted as square footage. Support uses are not included in the square footage development limits
and shall not require parking.
4. Block 800 Residential
The maximum number of dwelling units for multi -family residential use shall not exceed 245.
C. Transfer of Development Rights
The transfer of development rights among sub -areas of this Planned Community and to/from other
areas in the Newport Center/Fashion Island District identified in the General Plan is allowed in
accordance with the General Plan.
Development rights may be transferred through a change in location of use(s) and/or a conversion of
non-residential use to any other non-residential use allowed by the General Plan and this Planned
Community Development Plan or applicable zoning at the receiving site(s). Residential use may be
relocated, but may not be converted to or from another use.
The transfer of development rights shall be approved, as specified in Section IV.0 below, if the
transfer will not result in any adverse traffic impacts and will not result in greater intensity than
development allowed without the transfer.
North Newport Center Planned Community Development Plan 13
7/24/12
13-14
Land Uses, Development Standards & Procedures
Section IV. Planned Community Development Plan Administration
3. Review and Action
Submittals shall be reviewed by the Planning Director, and the Planning Director shall approve the
project if he/she makes the following findings:
a. The proposed use and/or development is consistent with the General Plan.
b. The proposed use and/or development is consistent with the North Newport Center PC
Development Plan and Design Regulations.
The Planning Director shall notify the Planning Commission and City Council if deviations from the
height limit are approved. The Planning Director action is the final action unless appealed in
accordance with the Municipal Code.
B. Process for New Signs
Applications for new signs shall follow the process identified in the Municipal Code. Submittal shall
be reviewed for consistency with the Development Plan and Design Regulations.
C. Transfer of Development Rights
The following procedure shall be used for the transfer of development rights.
The project applicant shall submit an application to the Planning Director, which
identifies the quantity of entitlement (floor area, hotel rooms, theater seats) to be
relocated, and the sending and receiving sites. If the requested transfer includes the
conversion of non-residential uses, the application shall also identify the quantity of
entitlement, by use category, before and after the transfer.
2. The City Traffic Engineer shall perform a traffic analysis to determine the total number
of PM peak hour trips that would be generated by development allowed with and
without the transfer. Trip generation rates shall be based on standard trip generation
values in the current version of ITE's "Trip Generation," unless the Traffic Engineer
determines that other rates are more valid for the uses involved in the transfer.
3. Depending on the location of the sending and receiving sites, the Traffic Engineer may
determine that a more detailed traffic analysis is required to determine whether adverse
traffic impacts will result from the transfer. This analysis shall demonstrate whether
allowed development, with and without the transfer, would either cause or make worse
an unsatisfactory level of service at any primary intersections for which there is no
feasible mitigation. This analysis shall be consistent with the definitions and procedures
contained in the Traffic Phasing Ordinance of the Municipal Code, except that
"unsatisfactory level of service" shall be as specified in the General Plan.
4. If the transfer request involves the conversion of uses, the Planning Director shall
perform a land use intensity analysis to determine the floor area that could be
developed with and without the transfer. For purposes of this analysis, theater use shall
be allocated 16.1765 square feet per seat. Hotel use shall be allocated the number of
square feet per room at which it is included in the General Plan. When the General Plan
does not specify intensity for hotel rooms, it shall be as determined by the Planning
Director.
North Newport Center Planned Community Development Plan
7/24/12
26
13-15
Land Uses, Development Standards & Procedures
Section IV. Planned Community Development Plan Administration
5. Applications for transfer of development rights shall be considered by the City Council
as a ministerial action. The City Council shall approve a transfer of development rights
if it finds that the transfer will result in no more trips and no greater intensity of land
use than the development allowed without the transfer. In addition, if the traffic study
in Subsection c. is required, the City Council shall approve the transfer if it results in no
greater traffic impact than the development allowed without the transfer.
North Newport Center Planned Community Development Plan
7/24/12
27
13-16
Attachment CC5
Stantec Consulting Trip Transfer Analysis
13-17
North Newport Center
Trip Transfer No. 7
City of Newport Beach
(3 Stantec
Prepared for:
City of Newport Beach
Prepared by:
Stantec Consulting Services Inc.
January 22, 2015
13-18
Sign -off Sheet
This document entitled North Newport Center Trip Transfer No. 7 was prepared by Stantec
Consulting Services Inc. ("Stantec") for the account of City of Newport Beach (the "Client")
Prepared by 11A�—
(signature)
Cathy Lawrence, PE
(949)923-6064
Reviewed by
signature)
Daryl Zerfass, PE, PTP
(949)923-6058
5) Stantec
13-19
NORTH NEWPORT CENTER
TRIP TRANSFER NO. 7
Table of Contents
1.0 INTRODUCTION................................................................................................................1
2.0 BACKGROUND.................................................................................................................1
3.0 ANALYSIS..........................................................................................................................3
4.0 CONCLUSIONS.................................................................................................................b
LIST OF TABLES
Table 1 North Newport Center Trip Transfer History..................................................................2
Table 2 Before and After Trip Generation Comparison...........................................................5
LIST OF FIGURES
Figure 1 Entitlement Transfer Diagram........................................................................................4
Stantec
13-20
NORTH NEWPORT CENTER
TRIP TRANSFER NO. 7
Introduction
January 2015
1.0 INTRODUCTION
Transfers of entitlement are allowed between blocks in North Newport Center by the existing
Development Agreement as long as the PM peak hour trips being transferred remain "trip
neutral' (i.e., no new trips are created). The Irvine Company is proposing to re-establish
entitlement for a health club in Block 600 and re-establish entitlement for office space in Block
100, and is proposing to transfer trips from unbuilt entitlements in other Blocks in order to remain
trip neutral. This is the seventh such trip transfer proposed since the North Newport Center Zoning
was established in 2007.
2.0 BACKGROUND
The previous six trip transfers have occurred over several years. Table 1 summarizes the history of
trip transfer numbers 1 through 6. The last trip transfer (Trip Transfer No. 6) consisted of converting
entitlement for 79 hotel rooms to 79 dwelling units and transferring the entitlement for those 79
dwelling units and 15 additional dwelling units to San Joaquin Plaza for a total of 94 dwelling
units. Trip Transfer No. 5 consisted of transferring 288,975 square feet of office development
entitlement out of San Joaquin Plaza and Block 600 and into Block 500, as well as transferring 430
unbuilt entitled dwelling units out of Block 500 and into San Joaquin Plaza.
Trip Transfer No. 4 consisted of relocating 75,878 square feet of existing office space from Block
100 to San Joaquin Plaza, transferring 45,236 square feet of office entitlement from Block 100 to
Block 600, and transferring 430 unbuilt entitled dwelling units from San Joaquin Plaza to Block
500. A previous transfer (Trip Transfer No. 3) moved 165,833 square feet of the 241,711 square feet
entitlement (moved in Trip Transfer No. 2) back to San Joaquin Plaza. Trip Transfer No. 1 and the
City Hall trip transfer resulted in an increase of office space in Block 500, which was later
removed in Trip Transfers 2 and 3, and a decrease in office space and hotel rooms in Block 600,
which was replaced with additional office space in later trip transfers.
® Stantec
d v:\2073\active\2073009050\report\rpt_newport_ctr_Mp_transferTdocx
13-21
NORTH NEWPORT CENTER
TRIP TRANSFER NO. 7
Background
January 2015
Table 1 North Newport Center Trip Transfer History
® Stantec
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13-22
Office
Trip Rate
Transfer
Date
Block 100
Block 500
Block 600
San Joa ufn Plaza
Other
Source
+205.161 TSF Office
-42.036 TSF Office
1
Nov 2007
+72.000 TSF Cit Hall
-195 Rm Hotel
1
-72.000 TSF City Hall
Cit Hall
Jul 2008
+96.428 TSF Office
1
+327.467 TSF Office
-241.711 TSF Office
2
June 2009
-85.756 TSF Office
-430 DU
+430 DU
2
3
Dec 2009
-215.833 TSF Office
+50.000 TSF Office
+165.833 TSF Office
2
+75.878 TSF Office
4
Sept 2010
-121.114 TSF Office
+430 DU
+45.236 TSF Office
-430 DU
3
+288.975 TSF Office
-241.711 TSF Office
5
Sept 2011
-430 DU
-47.264 TSF Office
+430 DU
3
-79 Hotel Rms
(Marriott site)
-15 DU (The Tennis
6
May 2012
+94 DU
Club site
Total Existing
95.550 TSF Office
Entitlement
0.00 TSF Office1
599.659 TSF Office
1,298.109 TSF Office
524 DU
Existing office buildings in Block 100 are currently without entitlement.
Source:
1 - Trip estimates based on applying the ITE Office equation to existing office square footage (408 TSF) and proposed office square
footage (614 TSF), and calculating the PM rate (1.12/TSF) based on the square footage increment (206 TSF).
2 - Trip estimates based on ITE Office equation applied to final square footage in each Block, with the exception of Son Joaquin Plaza
which used the ITE Office average rate of 1.49/TSF.
3 - Trip estimates for Block 100 based on ITE Office average rate (1.49/TSF), Block 500 and Block 600 based on ITE Office equation
applied to 310 TSF and 1,300 TSF, respectively, and San Joaquin Plaza based on rate approved June 9, 2009 (1.30/TSF).
® Stantec
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13-22
NORTH NEWPORT CENTER
TRIP TRANSFER NO. 7
Analysis
January 2015
3.0 ANALYSIS
The current proposal consists of transferring office, retail, and theater entitlement within North
Newport Center and converting some of it to health club space and some to office space. The
details of the proposed trip transfer are as follows:
1. Transfer 12,656 square feet of regional retail entitlement from Fashion Island to Block 600
for Health Club use.
2. Transfer 134 square feet of office entitlement from Block 500 to Block 600 for Health Club
use.
3. Transfer 83,453 square feet of regional retail entitlement and 1,020 theater seats (16,500
square feet) from Fashion Island to Block 100 Office use.
4. Convert 4,510 square feet unbuilt office entitlement in Block 600 to Health Club use in
Block 600.
The proposed transfer of entitlement is illustrated schematically in Figure 1. Table 2 summarizes
the before and after trip generation for the proposed trip transfer. Since the Institute of
Transportation Engineers (ITE) PM peak hour trip rate for a small office complex is different than
that for larger office buildings, different trip rates have been applied to the office uses in
different Blocks (i.e., the PM peak hour trip rate for office space in Block 100 is higher than the
rates for offices in Block 500 and Block 600). The resulting trip generation of the proposed transfer
is less than the trip generation of the existing entitlement, and the project ends up with a trip
credit of 20 PM peak hour trips.
A potential impact could occur if there were to be any significant change in trip distribution. The
trip distribution impact of the transfer is projected to result in no significant change since the
shifting of future trips literally across the street from Fashion Island or Block 500 to Block 100 and
Block 600 within North Newport Center will not create any significant redistribution of trip
patterns.
® Stantec
d v:\2073\active\2073009050\report\rpt_newport_ctr_Mp_transferTdocx
13-23
s
1
a'tc
o an men
• a,
s
9
� aJ
•
w
i
✓ ;".. �`-� _ r,.-
11 V son NY9u
in
LEGEND,
( Proposed transfer of 12,656 sf Retail space to
Health Club space
(2) Proposed transfer of 134 sf Office space to I
v o
Health Club space :;,
(3) Proposed transfer of 83,453 sf Retail space and;
1,020 Theater seats 16,500 sf) to Office space,
+. ' '
® Proposed transfer of 4,510 sf Office space to
Health Club space
North Newport Center Trip Transfer 7
® Stantee
Entitlement Transfer Diagram Figure 1
NORTH NEWPORT CENTER
TRIP TRANSFER NO. 7
Analysis
January 2015
Table 2 Before and After Trip Generation Comparison
Location/Use
PM Peak Hour
Trip Rate
Current Entitlement
Proposed Entitlement
Amount
PM Peak Hour
Tris
Amount
PM Peak Hour
Trips
Fashion Island
Retail 1.61/TSF)
1,619.525 TSF
2,607
1,523.416 TSF
2,453
Theater .07/seat2
1,700 seats
119
680 seats
48
Block 100
Office 1.49/TSF3
0 0
99.953 TSF
149
Block 500
Office 1.25/TSF4
599.659 TSF 750
599.525 TSF
750
Block 600
Unbuilt Office
1.18/TSF5
4.510 TSF 5
0
0
Health Club
3.53/TSF6
0 0
17.300 TSF
61
TOTAL
3,481
3,461
Trip Rate Source:
ITE Category 820 Equation (per 1116107 AFA TPO Traffic Study for North Newport Center)
2 ITE Category 443
3 ITE Category 710
4 ITE Category 710 Equation (per 9/31 /11 Stantec Traffic Study for Trip Transfer No. 5)
5 ITE Category 710 Equation (per 9/31 /11 Stantec Traffic Study for Trip Transfer No. 5)
6 ITE Category 492
® Stantec
d v:\2073\active\2073009050\report\rpt_newport_ctr_Mp_transferTdocx
13-25
NORTH NEWPORT CENTER
TRIP TRANSFER NO. 7
Conclusions
January 2015
4.0 CONCLUSIONS
North Newport Center Trip Transfer No. 7 is "trip neutral" and, in fact, results in a trip credit of 20
PM peak hour trips. The transfer of 12,656 square feet of regional retail entitlement from Fashion
Island, 134 square feet of office entitlement from Block 500, and 4,510 square feet of office
entitlement in Block 600 to Health Club use in Block 600, and the transfer of 83,545 square feet of
regional retail entitlement and 1,020 theater seat entitlement to office space in Block 100 can be
accomplished with no significant impact on the surrounding circulation system.
® Stantec
d v:\2073\active\2073009050\report\rpt_newport_ctr_Mp_transferTdocx
13-26
CITY OF NEWPORT BEACH
NOTICE OF PUBLIC MEETING
NOTICE IS HEREBY GIVEN that on Tuesday, February 24, 2015, at 7:OOPM, a public meeting will be
conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City
of Newport Beach will consider the following application:
Transfer of Development Rights - Transfer of development rights within the North Newport Center Planned
Community (PC -56) where the Irvine Company proposes to transfer 83,453 square feet of regional
commercial intensity from Fashion Island to Block 100; 16,500 square feet of theatre 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.
This project 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.
All interested parties may appear and present testimony in regard to this application. If you challenge this
project in court, you may be limited to raising only those issues you raised at the public meeting or in written
correspondence delivered to the City, at, or prior to, the meeting. The application may be continued to a
specific future meeting date, and if such an action occurs additional public notice of the continuance will not be
provided. Prior to the public meeting the agenda, staff report, and documents may be reviewed at the City
Clerk's Office, 100 Civic Center Drive, Newport Beach, California, 92660 or at the City of Newport Beach
website at www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Planning
Division or access the City's website after the meeting to review the action on this application.
For questions regarding details of the project please contact James Campbell, at (949) 644-3210 or
Jcampbell(cr�newportbeachca.gov.
Project File No.: PA2014-212
Zone: PC -56 (North Newport Center)
Location: Block 100, Block 500, Block 600 and
Fashion Island of Newport Center
Activity No.: TD2014-002
General Plan: MU -H3 (Mixed Use Horizontal), CO -R
(Regional Commercial Office), and CR (Regional
Commercial
Applicant: The Irvine Company LLC
Leilani I. Brown, MM`C, City Clerk
<oRN�" City of Newport Beach
Sold To:
City of Newport Beach - C000072031
100 Civic Center Dr
Newport Beach,CA 92660
Bill To:
City of Newport Beach - C000072031
100 Civic Center Dr
Newport Beach,CA 92660
CITY OF NEWPORT REACH
N0TlC of P U 8 I!,—ME VVN6
NOTICE IS HEMP CaIVEtd ft onTorAay, € -wy24, 15, at
7:00M. a pubksr l be torsduf d 3n the f (=a ftmtm at
I
t AC t ster .ve, Mq%pXtBear The Ay Cm, nd of timChlof ltrtpW,
Transfer of Development blights « n f of dL,,twat
eghis Wift rfie qofth tjF.PM CARtef Planed U urAy (K-56) where
d;e #aura Company ase to tran er 83,453 square feet of re 'toml
(Mmerttai mternitj from FasMw ls�laod to Slod IW, 1650 sgoac
fest of theatre seat tnterrsfsy from fasi n ts%nd td Block 100 12,656
uata far=t if regitnf ta�rci �atertp`ty i€mmn s"tsiar�d t~ B��.
, and 13-1 square feet of aeoeral offte filtensity irrmn ftd SOD t
D06600.
t pnnik"t is not s*ect to the California tirykonmental duality Art
('CEO pzsvwi to Sects`m U268 e;he CEQA Gui leflr,es, 014-ornia
Code of Aegulatics Tit'- 14. Chanter 3, vehich exempts tninistetbi
preys from the of CEQ&
AJ irtffes ed Pis may appy and presert testknw M rjwd to this
40rsti.lfyrFrrh€ergepftjecttokrrsyournaytirrtitedto -cal
e ,f Ukase linz you aalsed at nye put4r, meefirl or in vrr€.tens
mdeoce dMr ert-d to 0e 0`y, at, or priof tot, tlae menr4 ,
Fear to the puke;, Meetir g the sends, sta"T rpt, am dDe aaaerrts may be
r:rie+A at the City &M Me,100 01.4c Cemef 1P- Newpi Saa6,
Ufrf=,Ja, 92 or at the City of lien in 8eadi white at
�s�rv�n�stfirta�ssa. ir,.;��� 'al she rnee-�s'�a r:
�� liars rerudetai�s idt� parr �e corstact }ar��€Lar�,i,
ate? �tt-32f+�dt �;artssali �tlacF�.r�e,
Project File Noz PA2+01 -212
Activity No- TD2014-602
Zone: PCalfst fle:t.Cerrtery
General Plan: MU -M I -Mixed Use COA ii iii
Commercial Ofiice),and ch, ,R om'Cosrm 0a!
Location: Slock Igo, Block -CM SW &JO and Fashign island of
--r'FD
2015 MAR 13 All- 9, 5
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Newport Unter
Appllcant. Ike ?rAneCerrp.xr;f14C
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f utyof t rpvtaeacl- � � al Ll � (J'✓ ilk
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3054272 - Newport Harbor News Press Combined With Daily Pilot
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R
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF ILLINOIS
County of Cook
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in the action for which the attached notice was published.
I am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot, which was adjudged a
newspaper of general circulation on June 19, 1952, Cases A24831 for the City of Newport Beach, County of Orange,
and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the
following date(s):
Feb 14, 2015
I certify (or declare) under penalty of perjury
under the laws of the State of California that the foregoing is true and correct.
Dated at Chicago, Illinois
on this I day of FP l , 20 .
[signature]
435 N. Michigan Ave.
Chicago, IL 60611
3054272 - Newport Harbor News Press Combined With Daily Pilot
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