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HomeMy WebLinkAbout04 - Newport Harbor Yacht ClubCITY OF NEWPORT BEACH City Council Staff Report March 11, 2014 Agenda Item No. 4. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Fern Nueno, Associate Planner PHONE: (949) 644 -3227 TITLE: Adoption of Ordinance No. 2014 -6 approving Zoning Code Amendment No. CA 2012 -006 for Newport Harbor Yacht Club Located at 720 West Bay Avenue (PA2012 -091) ABSTRACT: This is the second reading and adoption of Ordinance No. 2014 -6, approving Zoning Code Amendment No. CA 2012 -006. RECOMMENDATION: a) Conduct a second reading; b) Find that the project is categorically exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15302 of the CEQA Guidelines; and c) Adopt Ordinance No. 2014 -6 (Staff Report Attachment No. CC1), An Ordinance of the City Council of the City of Newport Beach Approving Zoning Code Amendment No. CA 2012 -006 for Zoning Designation Changes and an Increase in the Development Limit for the Newport Harbor Yacht Club Property Located at 720 West Bay Avenue (PA2012- 091), approving Code Amendment No. CA2012 -006 to increase the development limit for the project site (Anomaly 67) from 20,000 square feet to 25,000 square feet and to change the zoning designation for a few properties within the project site from Single -Unit Residential (R -1) and Two -Unit Residential (R -2) to Private Institutions (PI). FUNDING REQUIREMENTS: 35 DISCUSSION: At its February 25, 2014, meeting, the City Council introduced and passed to second reading Ordinance No. 2014 -6, approving Zoning Code Amendment No. CA 2012 -006. The Zoning Code Amendment was reviewed in conjunction with a General Plan Amendment, Coastal Land Use Plan Amendment, Minor Use Permit, and Planned Development Permit, which will allow for the construction of a 23,163- square -foot replacement yacht club facility. ENVIRONMENTAL REVIEW: On February 25, 2014, the City Council found that this project is categorically exempt under Section 15302, of the California Environmental Quality Act ( "CEQA ") Guidelines - Class 2 (Replacement or Reconstruction), which exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Name: Description: ❑ CC 1.odf Ordinance No. 2014 -6 36 ATTACHMENT A ORDINANCE NO. 2014 -6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING ZONING CODE AMENDMENT NO. CA2012 -006 FOR ZONING DESIGNATION CHANGES AND AN INCREASE IN THE DEVELOPMENT LIMIT FOR THE NEWPORT HARBOR YACHT CLUB PROPERTY LOCATED AT 720 WEST BAY AVENUE (PA2012 -091) II: I:9i11WAK91110[$]1I[ iIaI: I:11110411WY91a0lWA9i1 :i 0_T91 :I:1:1:01- .Yd91►I0--y- 301I114lTiTI91 SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Newport Harbor Yacht Club, with respect to property located at 720 West Bay Avenue, 800 West Bay Avenue, 711 -721 West Bay Avenue, and 710- 720 West Balboa Boulevard, and legally described as Lot 169, Block A, East Newport Tract; Lot 37, Tract 0884; Lots 8 -24, Block 5, East Newport Tract, requesting approval of General Plan Amendment, Coastal Land Use Plan Amendment, Zoning Code Amendment, Minor Use Permit, and Planned Development Permit. The following approvals are required in order to implement the project as proposed: • A General Plan Amendment to change the land use designations for certain properties (as shown in the table below) currently being used for boat storage and parking from Single -Unit Residential (RS -D) and Two -Unit Residential (RT) to Private Institutions (PI). • A Coastal Land Use Plan Amendment to change the land use designations for certain properties (as shown in the table below) currently being used for boat storage and parking from Single -Unit Residential (RSD -B) and Two -Unit Residential (RT -E) to Private Institutions (PI -A). • A Zoning Code Amendment to change the zoning designation for certain properties (as shown in the table below) currently being used for boat storage and parking from Single -Unit Residential (R -1) and Two -Unit Residential (R -2) to Private Institutions (PI). • A General Plan Amendment and Zoning Code Amendment to increase the development limit for the project site (Anomaly 67) from 20,000 square feet to 25,000 square feet to accommodate the size of the proposed building. • A Minor Use Permit to authorize the yacht club assembly use. • A Planned Development Permit for the design, height, and parking standards for the proposed construction. 37 Address 800 West Bay Avenue 711, 713, 715, and 717 706 and 708 West West Bay Avenue Balboa Boulevard Assessor 048 - 021 - 16,048- 021 -17, 048- 021 -08 and Parcel 047 - 272 -12 048-021-18, and 048 - 021 -07 Number 048 - 021 -19 Existing Single -Unit Residential Two -Unit Residential Single -Unit Residential General Plan Detached (RS-D) (RT ) Detached RS -D Proposed General Plan Private Institutions (PI) Private Institutions (PI) Private Institutions (PI) Existing Coastal Land Single Unit Residential Two Unit Residential Single Unit Residential Use Plan Detached (RSD -B) (RT -E) Detached (RSD -B) Proposed Coastal Land Private Institutions (PI -A) Private Institutions (PI -A) Private Institutions (PI -A) Use Plan Existing Single -Unit Residential Two -Unit Residential Single -Unit Residential Zoning R -1 R -2 R -1 Proposed Private Institutions (PI) Private Institutions (PI) Private Institutions (PI) Z oning 2. The Newport Harbor Yacht Club ( "NHYC ") has approximately 900 members who are able to use the building as a base for any number of yachting and water - oriented activities. The NHYC also provides members with the ability to enjoy a small beach, dining opportunities, and many club -wide sponsored special events. The NHYC hosts a number of sailing regattas /races year- round, including several national and internationally acclaimed events, with associated social activities. In addition, members are able to schedule private functions with restrictions on dates and attendance, including dinner parties, birthday and anniversary celebrations, and weddings. The NHYC hours of operation are Wednesday through Sunday from 9:00 a.m. to 11:00 p.m. Some staff members work Monday through Friday and certain private events occur on Mondays and Tuesdays. The NHYC has approximately 89 employees with up to 40 on -site working at any given time. 3. A study session was held on December 19, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, 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. 4. A public hearing was held on January 23, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, 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. The Planning Commission adopted Resolution No. 1931 recommending City Council approval of the proposed project. 5. A public hearing was held on February 25, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of 99 the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. 6. The City Council adopted Resolution No. 2014 -_, approving General Plan Amendment No. GP2013 -003 for land use designation changes. The subject properties are designated as Private Institutions (PI) within the Land Use Element of the General Plan category. 7. The subject properties are located within the coastal zone. The City Council adopted Resolution No. 2014 -_, approving Coastal Land Use Plan Amendment No. LC2013 -003 for land use designation changes. The proposed Coastal Land Use Plan category is Private Institutions (PI -A), which will not become effective until the amendment to the Coastal Land Use Plan is approved by the California Coastal Commission. 8. The subject properties are located within the Private Institutions (PI), Single -Unit Residential (R -1), and Two -Unit Residential (R -2) Zoning Districts. 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 ( "CEQA ") under Class 2 (Replacement and Reconstruction). 2. Class 2 exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The existing building would be demolished and a new facility would be constructed with approximately the same building footprint with a 27 percent increase in floor area. The existing yacht club use would remain the same, with minimal or no proposed changes in the use, membership, or operational characteristics. 3. The City Council 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 challenge, and bear the responsibility for any costs, attorneys' fees and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. 1. 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. 39 2. The amendment will provide consistency with the existing and anticipated use of the subject properties for continued yacht club use including the associated parking and boat storage. 3. The use and future development of the property affected by the proposed amendment will be consistent with the goals and policies of the Land Use Element of the General Plan and the Coastal Land Use Plan, and the requirements of the Zoning Code. 4. The increased development limit will allow a more efficient yacht club facility with modern features built to current code requirements, without increasing noise or traffic in the vicinity. The operational characteristics should not change as a result of the increased floor area, including the number of employees, members, and special events. SECTION 4. DECISION. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: 1. The Zoning Map shall be amended as provided in Exhibit "A" attached hereto and incorporated by reference to change the zoning district of the subject properties from R -1 (Single -Unit Residential) and R -2 (Two -Unit Residential) to PI (Private Institutions). 2. The Zoning Map shall be amended to change Anomaly 67 increasing the development limit from 20,000 square feet to 25,000 square feet of gross floor area. 3. If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become final and effective upon the effective date of approval by the California Coastal Commission of the Coastal Land Use Plan Amendment (LC2012- 003). EX City Council Ordinance No. 2014 - Page 5 of —6 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on February 25, 2014, and adopted on March 11, 2014, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS 185 TNLGI ATTEST: Rush N. Hill, II LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: C ATTORNEY'S OFFICE LE NNE MULVIHILL, ASSISTANT CITY ATTORNEY 41 co co 0 Assessor Parcel Number A 047 - 272 -12 B 048 - 021 -19 C 048 - 021 -18 D 048 - 021 -17 E 048 - 021 -16 F 048 - 021 -07 G 048 - 021 -08 m. t'�GtPORN,P J IWIMLIMMAN 717 715 713 aGOI BALBOA a-- wo VV BALBOA BLVD W I OCEAN FRONT W BAYAVE W CA2012 -006 (PA2012 -091) Zoning Code Amendment Newport Harbor Yacht Club Name: PA2012 -091 Ord Exhibit W Anomaly Development Number Limit (Sq. Ft.) 111 k 0 0 75 150 Feet IM 42