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Home My WebLink About2012-18 - Approve GPA and CLUP for 2888 and 2890 Bay Shore Drive PA2011-179RESOLUTION NO. 2012 -18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. GP2011 -008 AND COASTAL LAND USE PLAN AMENDMENT NO. LC2011 -004 FOR PROPERTY LOCATED AT 2888 AND 2890 BAY SHORE DRIVE (PA2011- 179) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by property owner Ron E. Presta of Palmo Investments GP, with respect to the subject property located at 2888 and 2890 Bay Shore Drive, requesting approval of amendments to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use. 2. The requested change of the General Plan designation of 2888 Bay Shore Drive is from Multiple -Unit Residential (RM, 20 du /ac) to Multiple -Unit Residential (RM, 39 du). The requested change to the Coastal Land Use Plan designation is from Multiple -Unit Residential (RM -C) to Multiple -Unit Residential (RM -D). The requested change of the Zoning District designation is from Multi -Unit Residential (RM, 2178) to Multi -Unit Residential (RM, 39 du). 3. The requested change of the General Plan designation of 2890 Bay Shore Drive is from Multiple -Unit Residential (RM, 20 du /ac) to Mixed -Use Water Related (MU -W2, 1 du). The requested change to the Coastal Land Use Plan is from Multiple -Unit Residential (RM -C) to Mixed -Use Water Related (MU -W). The requested change of the Zoning District designation is from Multi -Unit Residential (RM, 2178) to Mixed -Use Water Related (MU -W2, 1 du). 4. On May 21, 1959, the Newport Beach Planning Commission approved Ordinance No. 635 approving Use Permit No. UP518 and Variance No. VA535 for the development of 39 dwelling units with an accessory building, office, and carports at 2888 Bay Shore Drive. 5. On July 15, 1959, building permits were issued that authorized the construction of a mixed -use building consisting of an accessory office, apartment, and carports located at 2890 Bay Shore Drive. At that time, the property was in the U (Unclassified) Zoning District. 6. On August 14, 1961, Ordinance No. 969 was adopted by the City Council to change the land use designation of the subject properties from U (Unclassified) to the R -3 (Restricted Multiple Family Residential) Zoning District. City Council Resolution No. 2012 -18 Paae 2 of 5 7. On May 29, 1990, the City Council adopted Ordinance No. 90 -24, changing the land use of the subject properties from Restricted Multiple - Family Residential (R -3) to Multiple - Family Residential (MFR, 2178). 8. On June 30, 1995, Resubdivision No. 1007, which identifies the subject properties as Parcel 1 and 2 of Parcel Map No. 94 -115, was recorded. 9. 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 "). 10. 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. 11. On January 28, 2008, the City Council adopted Ordinance No. 2008 -05, which in addition to other Zoning Code changes, 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, and the subsequent Zoning Code Update which became effective November 25, 2010. 12. On October 25, 2010, the City Council Adopted a Comprehensive Update to the Zoning Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning Code and the Land Use Element of the General Plan. The multiple residential zoning designations of the subject properties were changed from Multiple - Family Residential (MFR, 2178) to Multi -Unit Residential (RM, 2178). Upon the effective date of the Comprehensive Update to the Zoning Code, Ordinance No. 2008 -005 became effective. As a result of that action, existing nonconforming commercial uses located within residential districts became subject to abatement in accordance with Ordinance No. 2008 -05. 13. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on October 27, 2011. The California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. The response period ended January 25, 2012. No requests for consultation were received. 14. A public hearing was held on December 8, 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. At the conclusion of the public hearing, the Planning Commission voted (6 ayes and 0 noes) to adopt Planning Commission Resolution No. 1864 recommending City Council adoption of the General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment. City Council Resolution No. 2012 -18 Paae 3 of 5 15. A public hearing was held on February 14, 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 City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act ( "CEQX) pursuant to Section 15301 - Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The proposed amendments are exempt since they do not entail alteration to the subject property and are essentially making the General Plan Land Use designation, Coastal Land use designation, and Zoning District consistent with the existing use of the buildings located on the subject property involved. 2. The City's action to amend the Coastal Land Use Plan is exempt from the California Environmental Quality Act pursuant to California Code of Regulations §15265. 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. Therefore, to the fullest extent permitted by law, applicant and property owner shall defend, indemnify, and hold harmless the 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 the project, the project's approval based on the City's CEQA determination and /or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan, and Zoning requirements. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceedings. City Council Resolution No. 2012 -18 Paae 4 of 5 SECTION 3. FINDINGS. 1. The amendments of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed Zoning Code amendment and are necessary to implement the property owner's request. 2. 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. 3. This is the third General Plan Amendment that affects Statistical Area H4 since the General Plan update in 2006. There is no change in the number of dwelling units and the amendment results in 10,019 additional square feet of non - residential floor area. The additional floor area results in an increase of 30.1 a.m. peak hour trips and an increase 40.1 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. 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 RM and MU -W2 zoning districts of the Newport Beach Municipal Code. SECTION 4. DECISION. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: 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. The City Council of the City of Newport Beach hereby approves General Plan Amendment Permit No. GP2011 -008 as depicted in Exhibit "A" and Local Coastal Program Amendment No. LC2011 -004 as depicted in Exhibit "B ", which is attached hereto and incorporated by reference. 3. The City Council of the City of Newport Beach hereby authorizes submittal of the Local Coastal Program CLUP Amendment to the California Coastal Commission for review and approval. 4. This resolution shall not become effective until the effective date of the California Coastal Commission approval. City Council Resolution No. 2012 -18 Paae 5 of 5 Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 14th of February, 2012. A T TEST- CITY CLERK MAYOR �- v oCY) ti 00 U) C) r N ~ M d O M X W o W NO 10 � C O f6 N O d W co N � z I 1 i I I f�- KiNGS q01 �f "1, J„ f GP2011 -008.mxd December /2011 CO-G 1 0.25 FA� ��GF DM y 'y f11KBT NWV W L ,r-17-F-L I --7 \i Y OJ /I �21- 0 250 500 GP2011 -008 (PA2011 -179) nmmmmwmr::�Feet General Plan Amendment 2888 & 2890 Bay Shore Drive N� N W r- 00 0 c N p O Cl O 7� O � x W O CD W cr r° O C/) W 00 v� <' m LC2011-004.mxd Dec mber/2011 .0 LC2011-004 (PA2011-179) 0 250 500 IMMEMEMOZ:ZZ= Feet Coastal Land Use Plan Amendment 2888 & 2890 Bay Shore Drive N�W... 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; that the foregoing resolution, being Resolution No. 2012 -18 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 1401 day of February, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner Noes: None Absent: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 150, day of February, 2012. City Clerk Newport Beach, California (Seal)