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Home My WebLink About2022-77 - Approving a General Plan Amendment for the Lido House Hotel Located at 3300 Newport Boulevard and 475 32nd Street (PA2020-068)RESOLUTION NO. 2022-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT FOR THE LIDO HOUSE HOTEL LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND STREET (PA2020-068) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by R.D. Olson Development ("Applicant") with respect to property located at 3300 Newport Boulevard and 475 32"d Street as legally described in Exhibit "A," which is attached hereto and incorporated by reference ("Property"); WHEREAS, on September 9, 2014, the City Council approved General Plan Amendment No. GP2012-002, Coastal Land Use Plan Amendment No. LC2012-001, Zoning Code Amendment No. CA2012-003, Site Development Review No. SD2014-001, Conditional Use Permit No. UP2014-004, and Traffic Study No. TS2014-005 for the development of Lido House Hotel at 3300 Newport Boulevard; WHEREAS, the Applicant proposes a 15,103 square -foot expansion of the Lido House Hotel to add five cottages, 28 private valet parking spaces, and 14 public parking spaces at 475 32"d Street; a greenhouse, a walkway, breakout rooms, and a rooftop enclosure at 330 Newport Boulevard; and landscaping and fencing improvements along the perimeter of the Property ("Project"); WHEREAS, the Project requires the following approvals from the City: • General Plan Amendment ("GPA") — To amend Anomaly No. 85 to increase the development limit to 118,573 gross square feet; • Local Coastal Program Amendment ("LCPA") — To increase the development limit to 118,573 gross square feet within both the Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC"), Resolution No. 2022-77 Page 2 of 6 • Zoning Code Amendment ("ZCA") — To increase the development limit to 118,573 gross square feet; • Major Site Development Review Amendments ("SDR")— To ensure the changes to the Property are developed in accordance with applicable development standards; • Conditional Use Permit Amendments ("CUP") — To allow the operational changes that result from the changed site plan and floorplan and the sale of alcohol; and • Addendum No. 2 to the Certified Final Environmental Impact Report for the Lido House Hotel — The addendum addresses reasonably foreseeable environmental impacts resulting from the Project; WHEREAS, the Property is categorized Visitor Serving Commercial — Lido Village (CV-LV) and Anomaly No. 85 by the City of Newport Beach General Plan ("General Plan") and located within with the Commercial Visitor -Serving —Lido Village (CV-LV) Zoning District; WHEREAS, the Planning Commission held a duly noticed public hearing on July 21, 2022, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the conclusion of the public hearing, the Planning Commission voted unanimously (7 ayes — 0 nays) to adopt Planning Commission Resolution No. PC2020-020 recommending approval of the Project; and WHEREAS, the City Council held a duly noticed public hearing on October 25, 2022, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the public hearing was provided in accordance with the Ralph M. Brown Act and the NBMC. Evidence both written and oral, was presented to, and considered by, the City Council at this public hearing. Resolution No. 2022-77 Page 3 of 6 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council has considered the recommendation of the Planning Commission and determined that modifications to the Project made by the City Council, if any, are not major changes that require referral back to the Planning Commission for consideration and recommendation. Section 2: Amendments to the General Plan are legislative acts. Neither the City nor State Planning Law set for any required findings for either approval or denial of such amendments. Notwithstanding the foregoing, GPA is consistent with the corresponding ZCA and LCPA for the following reasons: General Plan Consistency Findings a. The Project allows enlarged hallways, an enclosed conference room breakout space, an enclosed "greenhouse" breakout and seating area, larger storage spaces, three slightly larger hotel rooms, and five additional hotel rooms. These changes constitute a 14.6-percent increase in floor area of the hotel and related amenities. Collectively, these changes should enhance the functionality of the hotel and the experience of guests and visitors. b. The Project includes the removal of the former Fire Station No. 2 building and the construction of surface parking in its place, including 14 new public parking spaces accessed from Via Oporto. These parking spaces will enhance access by increasing the public parking pool in a commercial area frequented by residents and visitors alike. c. A parking demand analysis was prepared by Linscott, Law & Greenspan on June 8, 2022 for the Project and has been reviewed and accepted by the City Traffic Engineer. The parking demand analysis finds that the increased floor area from the additional five hotel rooms would result in a negligible increase in predicted traffic and parking demands. The predicted traffic to and from the proposed hotel will remain less than what the former City Hall site generated. d. The increased floor area will not significantly reduce publicly visible open space, nor will it decrease the parking provided. e. The increased hotel floor area would be located on the first, second, third and fourth levels, but would not increase the height of the building. The proposed Resolution No. 2022-77 Page 4 of 6 hotel would remain consistent with remaining and unchanged applicable standards of the CV-LV Zoning District and Coastal Land Use Policy 4.4.2-1, which limit the height of development. Charter 423 Analysis a. The Project does not trigger voter approval. Pursuant to City of Newport Beach ("City") Charter Section 423 and City Council Policy A-18 (Guidelines for Implementing Charter Section 423), proposed General Plan amendments are reviewed to determine if a vote of the electorate would be required because a project (separately or cumulatively with other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds provided in Section 423 of the City Charter. b. The proposed General Plan Amendment is in Statistical Area B5. This is the seventh amendment within Statistical Area B5 since the General Plan update in 2006. Three of the six prior amendments were approved less than 10 years ago and continue to be tracked consistent with the provisions of Section 423. Those are General Plan Amendment Nos. GP2012-005, GP2012-002, and GP2016-001. The following table shows the increases attributable to the subject amendment, prior amendments, and the resulting totals thereby demonstrating that no vote would be required. , Charter Section 423, Measure S Amendments Analysis for Statistical Increased Density Area B-5 Increased Intensity Peak Hour Trip Increase AM I PM 00•A 1 GP2012-002 (PA2012-031) 1 0 1 23,725 1 0 1 0 GP2016-001•A0. Total Prior Increases 7 28,470 1 0 0 :i', . 100% of Proposed GP2020-004 7 1 15,103 1 2.8 3.05 Total Threshold 100 1 40,000 1 100 1 100 Remaining ... 2,121 97.2 .6. Vote Required? No No No No Section 3: The City Council of the City of Newport Beach hereby approves the General Plan Amendment, which is attached hereto as Exhibit "B," and incorporated herein by reference. Resolution No. 2022-77 Page 5 of 6 Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: Pursuant to Section 15062 of the California Environmental Quality Act ("CEQA") Guidelines, the changes authorized under the Project are not substantial, as they do not involve new significant effects or a substantial increase in the severity of previously identified significant effects, and therefore, a subsequent Environmental Impact Report ("EIR") does not need to be prepared. The City prepared and certified a final EIR for the Lido House Hotel (SCH#2013111022). State CEQA Guidelines allow for the updating and use of a previously certified EIR for projects that have changed or are different from the previous project. In cases where changes or additions occur with no new significant environmental impacts, an addendum to the previously certified EIR may be prepared pursuant to CEQA Guidelines Section 15164. The City prepared Addendum No. 2 to the Lido House Hotel's final EIR for the Project, which concludes there are no new environmental impacts and no impacts of greater severity that would result from approval and implementation of the Project. Resolution No. 2022-77 Page 6 of 6 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 25th day of October, 2022. 1Ccvin hAi ilc nnr ATTEST: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE '14 -,-, C ff Aaron C. Harp City Attorney Attachment: Exhibit A — Legal Description Exhibit B — General Plan Amendment EXHIBIT A Legal Description LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK"A"; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOTALLEY; THENCE SOUTH 0'44'30" EASTALONG THE WESTERLY LINE OF SAIDALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'15'30" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 8915'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 5: LOTS ONE (2) AND TWO (2) IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH' AS SHOWN ON A MAP RECORED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA EXHIBIT B General Plan Amendment Amend Table LU1 to modify the "Visitor Serving Commercial — Lido Village —CV - LW land use category as follows: CategoriesTable LU1 Land Use Plan Land Use Category Uses Densit /intensit VISITOR SERVING The CV-LV category is intended to allow for a As specified by Table LU2 COMMERCIAL — LIDO range of accommodations (e.g. hotels, motels, VILLAGE—CV-LV hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach. Limited Use Overnight Visitor Accommodations and residences are not allowed Amend Table LU2 to modify Anomaly Number 85 as shown in the following table: Table LU2 Anomaly Locations Anomaly Statistical Land Use Designation Development Limit sf Development Limit (Other) Additional information Number Area Accessory commercial floor area is allowed in conjunction with a hotel and it is included within 85 B5 CV-LV 118,573 sf of hotel the hotel development limit. Municipal facilities are not restricted or included in any development limit. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2022-77 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 251h day of October, 2022; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Kevin Muldoon, Council Member Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None RECUSED: Mayor Pro Tem Noah Blom IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 261h day of October, 2022. 4&A,W--7� Leilani I. Brown City Clerk Newport Beach, California