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Home My WebLink About1865 - RECOMMEND APPROVAL OF AMENDMENT TO THE LAND USE ELEMENT OF GP, CLUP, AND THE ZONING CODE _514 E. OCEAN FRONTRESOLUTION NO. 1865 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TOTHE LAND USE ELEMENT OF THE GENERAL PLAN, COASTAL LAND USE PLAN AND THE ZONING CODE TO CHANGE THE LAND USE DESIGNATION FROM TWO -UNIT RESIDENTIAL TO MIXED -USE VERTICAL (MU -V) FOR PROPERTY LOCATED AT 514 E. OCEAN FRONT (PA2011 -196) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. In 1948, the City of Newport Beach permitted the construction of a mixed -use building located at 514 E. Ocean Front. 2. 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 "), resulting in the land use designation of the subject property to change from Retail and Service Commercial with an allowance for residential above the first floor to Two -Unit Residential. 3. 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. The Coastal Land Use Plan designation for the property was changed from mixed -use to Two -Unit Residential. 4. On January 28, 2008, the City Council adopted an 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. 5. 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 commercial uses located within residential districts nonconforming. In accordance with Ordinance No. 2008 -05, mentioned above, those properties are subject to abatement. 6. An application was filed by Terry A Jones, on behalf of the property owner SCAP III, LLC, with respect to the subject property located at 514 E. Ocean Front, requesting approval of amendments to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use from Two -Unit Residential to Mixed -Use Vertical. Planning Commission Resolution No. 1865 Page 2 of 4 7. The requested change of the General Plan designation is from Two -Unit Residential (RT) to Mixed -Use Vertical (MU -V). 8. The requested change of the Zoning District designation is Two -Unit Residential (R -2) to Mixed -Use Vertical (MU -V). 9. The subject property is located within the coastal zone. The requested change of the Coastal Land Use designation is from Two -Unit Residential (RT -E) to Mixed -Use Vertical (MU -V) and will not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission. 10. Council Policy A -18 requires that proposed General Plan amendments 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 thresholds, a vote of the electorate would be required: if the project generates more than 100 peak hour trips (AM or PM); adds 40,000 square feet of non - residential floor area; or, adds more than 100 dwelling units in a statistical area. 11. This is the second General Plan Amendment that affects Statistical Area D3 since the General Plan update in 2006. Although there is no increase in the number of dwelling units, the amendment results in 4,061 additional square feet of non - residential floor area. The additional floor area results in an increase of 10 a.m. peak hour trips and an increase 14 p.m. peak hour trips based on the commercial and residential housing trip rates reflected in Council Policy A -18. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required. 12. A public hearing was held on January 19, 2012, 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 1 (Existing Facilities). 2. The proposed amendments are exempt since they do not entail any significant alteration to the subject property and will bring the existing use of the building and property involved consistent with the General Plan land use designation, Coastal Land Use Plan designation and Zoning district. 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 project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial Tmpit: 04/14/10 Planning Commission Resolution No. 1865 Page 3 of 4 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. Zoning 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 Two -Unit Residential (R -2) to Mixed -Use Vertical (MU -V). 4. The existing building and uses, and future development of the property 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. 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 -009, and Coastal Land Use Plan Amendment LC2011 -005, changing the designation from Two -Unit Residential (RT and RT -E) to Mixed -Use Vertical (MU -V); and recommends approval of the request for Code Amendment No. CA2011 -012 changing the zoning designation from Two -Unit Residential (R -2) to Mixed -Use Vertical (MU -V), affecting 514 E. Ocean Front, Statistical Area D3, legally described as Lots 15 and 16 in Block 6 of Balboa Tract, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 4, Page 11 of miscellaneous maps, in the Office of the County Recorder in said county. 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 related (directly or indirectly) to City's approval of the proposed SCAP III, LLC Property Tmpit: 04/14/10 Planning Commission Resolution No. 1865 Page 4 of 4 Amendments (PA2011 -196) including, but not limited to, General Plan Amendment No. GP2011 -009, Coastal Land Use Plan Amendment LC2011 -005, and Code Amendment No. CA2011 -012. 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 19th DAY OF JANUARY, 2012. AYES: Ameri, Hillgren, Myers, Kramer, Toerge, and Tucker NOES: None. ABSTAIN: None. ABSENT: None. [V o Tmpll: 04/14/10