Traffic Phasing Ordinance Approval Under Newport Beach Municipal Code Sec. 15.40.030(B)(1)(b) for North Newport Center Block 500
Summary
SCH Number
2008088107
Public Agency
City of Newport Beach
Document Title
Traffic Phasing Ordinance Approval Under Newport Beach Municipal Code Sec. 15.40.030(B)(1)(b) for North Newport Center Block 500
Document Type
NOE - Notice of Exemption
Received
Posted
8/8/2008
Document Description
Approval under the Newport Beach Traffic Phasing Ordinance (TPO), section 15.40.030(B)(1)(b), for construction of 96,428 square feet of general office use in Block 500 of the North Newport Center Planned Community. The City of Newport Beach had previously approved development of the 96,248 square feet of general office intensity in Block 500 under the Newport Beach General Plan and the North Newport Center Planned Community. The TPO approval is separate from the previous approval for development of the 96,428 square feet of general office intensity in Block 500.
Contact Information
Name
Patrick Alford
Agency Name
City of Newport Beach
Contact Types
Lead/Public Agency
Phone
Location
Cities
Newport Beach
Counties
Orange
Notice of Exemption
Exempt Status
Ministerial
Type, Section or Code
Sec.21080(b)(1);15268
Reasons for Exemption
The Traffic Phasing Ordinance (TPO) approval under Newport Beach Municipal Code Sec. 15.40.030(B)(1)(b) is considered a ministerial action because it only involves application of fixed standards. As a ministerial action, the TPO approval is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Sec. 21080(b)(1) and Sec.15268. As detailed in CEQA Sec. 15369, "'Ministerial' describes 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." TPO approval under section Newport Beach Municipal Code Sec. 15.40.030(B)(1)(b) requires that the project, plus circulation improvements that the applicant will make or fund, not cause or make worse an unsatisfactory level of service at any impacted primary intersection. If the project meets this fixed standard, then the project receives TPO approval. In this case, the traffic study that the City's traffic consultant performed for the project shows that the project, plus circulation improvements that the applicant will make or fund, do not cause or make worse an unsatisfactory level of service at any impacted primary intersection. Since the project meets the fixed standard, TPO approval under Newport Beach Municipal Code Sec.15.40.030(B)(1)(b) is ministerial.
Disclaimer: The document was originally posted before CEQAnet had the capability to host attachments for the public. To obtain the original attachments for this document, please contact the lead agency at the contact information listed above. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613.