The URL can be used to link to this page

Home My WebLink About06 - Transfer of Development Rights in North Newport CenterCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 July 22, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 949 - 644 -3222, swood@city.newport- beach.ca.us SUBJECT: Transfer of Development Rights in North Newport Center Planned Community (PA2008 -126) APPLICANT: The Irvine Company RECOMMENDATION: Adopt the attached Resolution approving a transfer of development rights in the North Newport Center Planned Community, as follows: Conversion of 72,000 square feet in Block 500 from City Hall to general office. 24,428 square feet of general office from Block 600 to Block 500. DISCUSSION: Background: The City Council adopted the North Newport Center Planned Community (PC) Development Plan, a transfer of development rights, and a Zoning Implementation and Public Benefit Agreement (Development Agreement) on December 18, 2007. These actions provided for the possible location of a 72,000 square foot City Hall in Block 500. The Development Agreement provides that, if the City does not exercise its option to acquire the City Hall site in Block 500, the 72,000 square feet of office intensity is designated for office use in Block 500. The City Council decided not to exercise its option on May 27, 2008. The Irvine Company is requesting that development intensity of 72,000 square feet in Block 500 be converted from City Hall to general office entitlement. This would be a change from a higher to a lower traffic generating use. The applicant is also requesting the transfer of 24,428 square feet of general office entitlement from Block 500 to Block 600. Transfer of Development Rights in North Newport Center PC July 22, 2008 Page 2 Analysis: The PC Development Plan implements the General Plan policy allowing the transfer of development rights in Newport Center, and provides that development rights may be transferred through a change in location and/or a conversion of non - residential use to any other non - residential use allowed by the General Plan or the PC. The General Plan designates Block 500 as Mixed Use Horizontal 3, which allows regional commercial office uses, among others. The PC indicates that business, government and professional offices are permitted uses in Block 500. The PC Development Plan outlines a procedure for transfers of development rights. A traffic study 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 City Council is to approve the transfer if it finds that the transfer will result in no more trips and no greater intensity of land use than development without the transfer. Traffic Analysis The City retained Austin -Foust Associates, Inc. to perform the required traffic study. This is the firm who performed the traffic analysis of the transfer approved by the City Council in December 2007. Their report, which is attached, finds that 339 PM peak hour trips would be generated by development as approved in December 2007, and 338 trips would be generated by development after the transfer requested at this time. Austin -Foust used the same trip generation rates as in their earlier study: 1.5 trips per 1,000 square feet for City Hall and 1.12 trips per 1,000 square feet for general office. Because of the difference in trip generation rates, the proposed general office development of 96,428 square feet would have the same traffic impact as 72,000 square feet of City Hail. Intensity Analysis The intensity analysis of the transfer requested in 2007 showed that 235,161 square feet of office development could have been transferred from Block 600 to Block 500. The traffic analysis showed that 205,161 square feet could be transferred. To comply with both the General Plan intensity limits and the policy that a transfer of development rights may not result in adverse traffic impacts, only the lower entitlement number (205,161 square feet) resulting from the traffic analysis was transferred. Use of the remaining 30,000 square feet was suspended, but this entitlement remained in the General Plan. The Irvine Company's current request to transfer 24,428 square feet from Block 600 to Block 500 is within the remaining entitlement. a- Transfer of Development Rights in North Newport Center PC July 22, 2008 Page 3 Environmental Review Approval of a transfer of development rights in the North Newport Center PC is a ministerial action, exempt from CEQA, if the City Council finds that the transfer will result in no more trips and no greater intensity of land use than the development allowed without the transfer. The analysis in this report provides the basis for making these findings. Public Notice: No notice other than posting of the agenda pursuant to the Brown Act is required for this action. Submitted by: Ar�� Sharon Wood Assistant City Manager Attachments: 1. Draft Resolution 2. Report from Austin -Foust Associates, Inc. 3 4 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE TRANSFER OF DEVELOPMENT RIGHTS IN THE NORTH NEWPORT CENTER PLANNED COMMUNITY (TD 2008 -2001, PA 2008 -126) WHEREAS, The Irvine Company has applied to the City of Newport Beach for approval of a transfer of development rights as follows: (1) The conversion of 72,000 square feet of City Hall to 72,000 square feet of general office within North Newport Center Block 500. (2) The transfer to North Newport Center Block 500 of development rights for development of approximately 24,428 square feet currently assigned to Newport Center Block 600. WHEREAS, 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. WHEREAS, the North Newport Center Planned Community Development Plan provides that 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. WHEREAS, a traffic study entitled Transfer of Development Rights in North Newport Center Planned Community (Austin -Foust Associates, Inc., July 3, 2008) 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. WHEREAS, the traffic study found that, consistent with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan, the transfer of development rights will not result in any adverse traffic impacts. WHEREAS, an intensity analysis was prepared by the City Manager's Office and demonstrates that the transfer of development rights will not result in greater intensity than development allowed without the transfer. WHEREAS, the City Council considered the application at a public meeting on July 22, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the City Council considered the transfer of development rights, as well as the traffic and intensity studies. 5 WHEREAS, the City Council finds that: (1) Consistent with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan, the transfer of development rights will not result in any adverse traffic impacts, as documented in the traffic study. (2) Consistent with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan, the transfer of development rights will not result in greater intensity than that which is allowed without the transfer, as documented in the intensity study, and is consistent with the intent of the General Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the transfer of development rights (TD 2008 -001, PA 2008 -126), based on the weight of the evidence in the administrative record, including the traffic and intensity studies. PASSED AND ADOPTED on the 22nd day of July, 2008, by the following vote, to wit: AYES, CITY COUNCIL MEMBERS NOES, CITY COUNCIL MEMBERS ABSENT, CITY COUNCIL MEMBERS u_ •. ATTEST: CITY CLERK 2 0 sWTe wi ®AUSTIN -FOUST ASSOCIATES /NC. TRAFFIC ENGINEERING ANO rRANSPORrAT /O/V PLANNING July 3, 2008 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 ATTENTION: Ms. Sharon Wood SUBJECT: TRANSFER OF DEVELOPMENT RIGHTS IN NORTH NEWPORT CENTER PLANNED COMMUNITY (TDR- NNCPC) Dear Ms, Wood: In November 2007 Austin -Foust Associates, Inc. (AFA) prepared for the City of Newport Beach the Newport Center Trip Transfer Traffic Study. This study determined the trip equivalency of a transfer of existing development entitlement from Block 600 to Block 500 in Newport Center. A copy of our report is attached for reference. Briefly stated,. the conclusion of that study report indicated that existing development entitlement in Block 600 that equaled to 339 PM hour trips could be transferred to Block 500 without resulting in any adverse traffic impacts. These transferred land uses involved several different types of uses in Block 600 including hotel rooms, health club, residential and office. These entitled uses from Block 600 were replaced by 205,161 sf of office and a reservation for 72,000 sf of City Hall use in Block 500. Subsequently, based on a citywide referendum, the City Hall use in Block 500 has been eliminated. As a result, the The Irvine Company desires to replace the City Hall use with an amount of general office use that will have no greater traffic 6111.3%Act. Our study reserved 108 of the 339 total trip neutral equivalent trips for use by a City Hall (of anticipated size of 72,000 st). Now that it has been established that the City Hall will not be constructed in Block 500, there is a `remaining balance' of 108 PM peak hour trips that can be used for other developments. Based on the same PM peak hour trip rates for office as we utilized in our November 2007 Transfer Study, we have determined that the 108 trips reserved for a City Hall can be converted to 96,428 sf of general office. This use will maintain the trip neutrality established by the previous transfer while the 72,000 sf City Hall is replaced by an additional increment of 96,428 sf of general office use. There is not a I to 1 correspondence in square footage since the previously established City Hall rate (1.5 trip/'TSF) is higher than the general. office trip rate.(1.12 trips /TSF). . 017083rtr.doc.doc 2223 Wellington Avenue, Suite 300 • Santa Ana, California 92701 -3161 Tel: (714) 667 -0496 Fax: (714) 667 -7952 www.austinfoust.com Ms. Sharon Wood, City of Newport Beach July 3, 2008 Page 2 I trust this brief, but hopefully concise summary, clearly indicates the trip neutrality and lack of any resulting adverse traffic impacts between 72,000 sf of City Hall use and 96,428 sf office use in Block 500. If you have any questions, please call. Sincerely, /Q�04ESSi0N9�\ FOUs 954 � tixp.6 -30'10 * TRAf F �e �TgjF0F CA\YE Attachment: November 2007 Newport Center Trip Transfer Traffic Study — Table 1 0170831tr.doe Table 1 CONVERTED USES Use (Entitled in Block 600) PM Peak Hour Rate PM Peak Trips Flotel (195 Rooms) - Unbuilt Entitlement 0.70 (ITE 3 10)' 136 Family Fitness (17,300* sf) —Existing 4.05 (ITE 492)a 70 Palm Gardens (16,447* s — Existing 7.49 (ITE 931 )3 123 Eliminated Office 6,789* s — Existin 1.12 (ITE 7 10)4 8 Eliminated Office 1,500 s — Existing 1.12 (ITE 710 )4 2 TOTAL 339 Use (Proposed in Block 500) Office 205,161 st 1.12 ITE 710 )4 230 City Hall (72,000 s 1.50 ITE 750 4 108 TOTAL 338 * Per building permit information. Hotel (rates applied for each occupied room) 3 Health Club (rates per TSF) ' Quality Restaurant (rates per TSF) I Frip rate per TSF determined from applying the ITE office regression equation to the existing (408 TSF) and proposed future (614 TSF) office use, and calculating the rate based on the square footage increment (206 TSF) ' Closest ITE rate (in both function and magnitude) to match the GP assumption for City Hall trip generation. o 1 70831tr.dm I