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HomeMy WebLinkAbout1618 - RECOMMEND APPROVAL GPA, LC, AND CA_3450 VIA OPORTO,RESOLUTION NO. 1618 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2003 -010, LOCAL COASTAL PLAN AMENDMENT NO. 2003 -004, AND CODE AMENDMENT NO. 2003 -008 (PA2003 -213), FOR PROPERTY IDENTIFIED AS 3450 VIA OPORTO, ASSESSOR PARCEL NO. 423 - 123 -03 THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The property located at 3450 Via Oporto was designated Governmental, Educational, and Institutional Facilities with the adoption of the 1988 Land Use Element Map. This designation was also applied to the lot with the adoption of the Local Coastal Program Land Use Plan, which was certified by the Coastal Commission in 1990. Amendments to the General Plan and Local Coastal Plan land use designations from Governmental, Educational, and Institutional Facilities to Retail & Service Commercial and a zone change from GEIF to RSC are proposed. Section 2. On September 18, 2003, the Planning Commission recommended the initiation of a General Plan amendment to change the land use designation of property located at 3450 Via Oporto from Governmental, Educational, and Institutional Facilities to Retail and Service Commercial (GPI 2003 -007) to the City Council, and initiated an amended to Title 20 of the Newport Beach Municipal Code to change the zoning classification from GEIF District to the RSC District. Section 3. October 14, 2003, the City Council initiated General Plan amendment to change the land use designation of property located at 3450 Via Oporto from Governmental, Educational, and Institutional Facilities to Retail and Service Commercial (GPI 2003 -007), and initiated an amended to Title 20 of the Newport Beach Municipal Code to change the zoning classification from GEIF District to the RSC District. Section 4. A public hearing was held on November 6, 2003, in the City Hall Council Chamber, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. City of Newport Beach Planning Commission Resolution No. Pape 2 of 2 Section 5. The Planning Commission finds as follows: The subject property was designated for commercial uses with the 1953 Master Plan and 1973 General Plan. During the adoption of the 1988 Land Use Element map, the subject property was designated GEIF in error. 2. The property was developed with commercial use (a restaurant) when it was designated Governmental, Educational, and Institutional Facilities. The change from commercial designation to Governmental, Educational, and Institutional Facilities was an inadvertent mapping error. The City has no intention to change the designation to GEIF when the site was developed for commercial uses. The most appropriate designation for the subject property is Retail & Service Commercial to accommodate the continued commercial use of the property. 3. The proposed RSC zoning designation will be consistent with the proposed General Plan and Local Coastal Plan land use designation of Retail Service Commercial and will allow the subject property to be developed with proper commercial related uses. 4. The Local Coastal Plan Amendment will not become effective until approval of the Amendment by the Coastal Commission. The proposed amendments have been determined to be Categorically Exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act (CEQA). Section 6. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2003 -010, Local Coastal Plan Amendment No. 2003 -004, and Code Amendment No. 2003 -008 (PA- 2003 -213). PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF NOVEMBER 2003. AYES: Eaton, Cole, Toerge, McDaniel Selich, Kiser and Tucker NOES: None BY• Earl McDaniel, Chairman BY: - MicW el Toerge, Secretary