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Home My WebLink About1841 - RECOMMEND APPROVAL OF AMENDMENTS TO THE LAND USE ELEMENT OF THE GP, CLUP AND ZONING _3363, 3369 & 3377 VIA LIDO and 3378 VIA OPORTORESOLUTION NO. 1841 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN, COASTAL LAND USE PLAN AND THE ZONING CODE TO CHANGE THE LAND USE DESIGNATION FROM MULTIPLE -UNIT RESIDENTIAL (RM) TO MIXED -USE VERTICAL (MU -V) FOR PROPERTY LOCATED AT 3363, 3369 & 3377 VIA LIDO and 3378 VIA OPORTO (PA2011- 024) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76 approving a comprehensive update to the Newport Beach General Plan ( "General Plan Update "). 2. On November 13, 2007, the City Council adopted Resolution No. 2007 -71, approving Coastal Land Use Plan Amendment No. LC2007 -001 making the Coastal Land Use Plan consistent with the General Plan Update. 3. On January 28, 2008, the City Council adopted a new ordinance (Ordinance No. 2008- 05) that established the maximum time period for the abatement and termination of nonconforming uses in residential districts. However, determinations of nonconformity could not be made until the finalization of the City's Local Coastal Plan (LCP), which occurred on July 14, 2009. 4. On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning Code (Title 20) bringing consistency between the Zoning Code and the Land Use Element of the General Plan. The result of that action rendered numerous properties nonconforming, with existing commercial buildings and uses located within residential districts. In accordance with Ordinance No. 2008 -05, mentioned above, those properties are subject to abatement. 5. An application was filed by Allan Fainbarg with respect to property located at 3363, 3369 & 3377 Via Lido and 3378 Via Oporto, requesting approval for an amendment to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use designation from Multiple -Unit Residential (RM) to Mixed -Use Vertical (MU -V). 6. The subject property is currently located within the Multiple -Unit Residential (RM) Zoning District and the General Plan Land Use Element category is Multiple -Unit Residential Land Use (RM). Planning Commission Resolution No. 1841 Page 2 of 4 7. The change of the General Plan designations of the subject property is from Multiple -Unit Residential (RM) to Mixed -Use Vertical (MU -V). 8. The recommended change of the Zoning District designations of the subject property from Multiple -Unit Residential (RM) to Mixed -Use Vertical (MU -V). 9. The subject property is located within the coastal zone. The Coastal Land Use Plan category of the subject property is Multiple -Unit Residential Land Use designation (RM- D). 10. The recommended change to the Coastal Land Use designation is consistent with the recommended General Plan Amendment for the subject property from Multiple -Unit Residential (RM -D) to Mixed -Use Vertical (MU -V). 11. Council Policy A -18 requires that proposed General Plan amendment be reviewed to determine if a vote of the electorate would be required. If a project (separately or cumulatively with other projects over a 10 -year span) exceeds any one of the following three thresholds, a vote of the electorate would be required if the City Council approves the suggested General Plan Amendment: the project generates more than 100 peak hour trips, adds 40,000 square feet of non - residential floor area, or adds more than 100 dwelling units in a statistical area. 12. This is the second set of General Plan Amendments that affect Statistical Area B5 since the General Plan update in 2006. The proposed amendment including the previous amendment result in an increase of 48.97 a.m. peak hour trips and an increase 65.23 p.m. peak hour trips based on the commercial and residential housing trip rates reflected in Council Policy A -18; an increase of 16,136 square feet in non- residential floor area; and an increase of one dwelling unit. As none of the four thresholds that require a vote pursuant to Charter Section 423 are exceeded, no vote of the electorate is required. 13. A public hearing was held on May 5, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 2 (Replacement or Reconstruction). 2. The proposed amendments are exempt since they do not entail any significant alteration to the subject properties and are essentially bringing the General Plan Land Tmplt: 04114/10 Planning Commission Resolution No. 1841 Page 3 of 4 Use Designation, Coastal Land Use Designation and Zoning District to be consistent with the existing use of the buildings located on the subject property involved. Therefore, this activity is not subject to CEQA. 3. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As the project applicant is the primary beneficiary of such approvals, it is appropriate that the applicant should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. 1. Amendments to the General Plan and Coastal Land Use Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. Code amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. 3. The amendments of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed code amendment to change the zoning of the subject property from Multiple -Unit Residential (RM) to Mixed -Use (MU- V) designation. 4. The existing buildings and uses, and future development of the subject propert y affected by the proposed amendments will be consistent with the goals and policies of the Land Use Element of the General Plan and the Coastal Land Use Plan; and will be consistent with the purpose and intent of the MU -V zoning district of the Newport Beach Municipal Code. 5. The subject property is occupied by two, single -story commercial buildings and currently occupied by a beauty salon, a day spa, real estate office and a consulting office. The existing uses are permitted in the MU -V zoning district. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of General Plan Amendment No. GP2011 -003, Coastal Land Use Plan Amendment LC2011 -002, and Zoning Code Amendment CA2011 -005 from Tmplt 04114/10 Planning Commission Resolution No. 1841 Page 4 of 4 Multiple -Unit Residential (RM) to Mixed -Use Vertical (MU -V), Statistical Area B5, Attachment Exhibit A. 2. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials. officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Via Lido Amendments (PA2011 -024) including, but not limited to, General Plan Amendment No. GP2011 -003, Coastal Land Use Plan Amendment LC2011 -002, and Zoning Code Amendment CA2011 -005. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant. City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. PASSED, APPROVED AND ADOPTED THIS a DAY OF MAY, 2011. AYES: Eaton, Unsworth, Hawkins, McDaniel, Ameri, Toerge, and Hillgren NOES: None BY: Earl McDa —ni BY: % /`lily MichleTToerge, Secretary Tmplt 04 /14/10