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Home My WebLink About03 - 191 Riverside AvenueCITY OF 1 NEWPORT BEACH City Council Staff Report April 22, 2014 Agenda Item No. 3. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Patrick J. Alford, Planning Manager PHONE: 949 - 644 -3235, palford @newportbeachca.gov TITLE: 191 Riverside Avenue Land Use and Zoning Designations Amendments (PA2013- 210) ABSTRACT: Adoption of a resolution denying without prejudice the proposed General Plan, Local Coastal Plan, and Zoning Amendments to change the land use and zoning designations for property located at 191 Riverside Avenue from Public Facilities to Mixed -Use. RECOMMENDATION: Adopt Resolution No. 2014 -31 (Staff Report Attachment CC -1), A Resolution of the City Council of the City of Newport Beach Denying Without Prejudice General Plan Amendment No. GP2013 -002, Local Coastal Plan Amendment No. LC2013 -003, and Code Amendment No. CA2013 -007 for Property Located at 191 Riverside Avenue (PA2013 -210), finding that the denial of an application is not subject to the California Environmental Quality Act Guidelines pursuant to Section 15270 and denying without prejudice General Plan Amendment No. GP2013 -002, Local Coastal Plan Amendment No. LC2013 -003, and Code Amendment No. CA2013 -007. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Background: At their April 8, 2014, meeting, the City Council conducted a public hearing on applications for a General Plan Amendment (GP2013 -002) and Coastal Land Use Plan Amendment (LC2013- 192 003) to change the land use category from Public Facilities (PF) to Mixed -Use Horizontal (MU- H1) and a Zoning Code Amendment (CA2013 -007) to change the zoning from Public Facilities (PF) to Mixed -Use Mariners Mile (MU -MM) for a 0.52 -acre site located at 191 Riverside Avenue. Following a motion and second to deny the proposed project, the Council continued this item and directed staff to return a resolution for denial. Analysis: Although there are no findings required to deny an amendment, the attached resolution contains findings that support the arguments made for the motion to deny the project. The findings state that the proposed amendments would be contrary to General Plan Land Use Element policies that call for the City to accommodate public facilities that serve residents and businesses. The findings also state that the project has the potential to increase parking impacts in the surrounding area. It is proposed that the project be denied without prejudice. Pursuant to Section 20.54.080 (Resubmittals) of the Zoning Code, denial of a discretionary permit or amendment, no application for the same or substantially similar permit or amendment shall be filed for the same site or any portion thereof for a period of 12 months following the actual date of denial with prejudice. However, a denial without prejudice would allow the applicant to re -apply without the usual one -year wait after denial of the project. ENVIRONMENTAL REVIEW: Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. 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: Description Attachment M - Resolution No. 2014 -31 193 /_1ir_T91CIMI=I;1111191911 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING WITHOUT PREJUDICE GENERAL PLAN AMENDMENT NO. GP2013 -002, COASTAL LAND USE PLAN AMENDMENT NO. LC2013- 003, AND CODE AMENDMENT CA2013 -007 FOR PROPERTY LOCATED AT 191 RIVERSIDE AVENUE (PA2013 -210) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Gensler, with respect to property located at 191 Riverside Avenue, and legally described as Lot F of Tract 919, requesting approval of an amendment to the General Plan and Coastal Land Use Plan to change the land use category from Public Facilities (PF) to Mixed -Use Horizontal (MU -H1) and an amendment to the Zoning Code to change the zoning from Public Facilities (PF) to Mixed -Use Mariners' Mile (MU -MM). 2. A public hearing was held by the Planning Commission on March 6, 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. At the conclusion of the public hearing, the Planning Commission voted (6 ayes and 0 noes) to adopt Planning Commission Resolution No. 1936 recommending City Council adoption of the Negative Declaration and approval of General Plan Amendment No. GP2013 -002, Coastal Land Use Plan Amendment No. LC2013- 003, and Code Amendment No. CA2013 -007. 3. A public hearing was held by the City Council on April 8, 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 City Council at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Negative Declaration No. ND2013 -003 was not adopted, and pursuant to Section 15270 of the California Environmental Quality Act ( "CEQA ") Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. 1- 194 SECTION 3. FINDINGS. 1. The proposed project site's Public Facilities (PF) land use designation and zoning are intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. 2. The proposed land use designation of Mixed -Use Horizontal (MU -H1) and the proposed amendment to the Zoning Code to change the zoning from Public Facilities (PF) to Mixed -Use Mariners' Mile (MU -MM) would authorize development of freestanding nonresidential uses, multi -unit residential dwelling units, or mixed - use structures. 3. Goal LU 6.1 of the General Plan Land Use Element is for "a diversity of governmental service, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods." 4. General Plan Land Use Element Policies LU 6.1.1 calls for the City to provide adequate community supporting uses by accommodating "schools, government administrative and operational facilities, fire stations and police facilities, religious facilities, schools, cultural facilities, museums, interpretative centers, and hospitals to serve the needs of Newport Beach's residents and businesses." 5. The proposed project would be contrary to Goal LU 6.1 and Policy LU 6.1.1 by removing a land use designation and zoning intended to accommodate public facility uses that serve the needs of business of the Mariners' Mile Commercial District and the residents of Newport Heights and Cliff Haven communities. 6. General Plan Land Use Element Policy LU 6.19.15 calls for the City to consider options for the relocation of the postal distribution center on the proposed project site to reduce parking impacts in the immediate area. The proposed change in land use designation and zoning from Public Facilities to Mixed -Use will introduce potential land uses with higher parking demand generation rates in an area of the City with limited parking opportunities, which would be contrary to the purpose and intent of this policy. SECTION 4. DECISION. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves to deny without prejudice General Plan Amendment Permit No. GP2013- 002, Local Coastal Program Amendment No. LC2013 -003, and Code Amendment CA2013 -007. 2- 195 Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 22nd of April, 2014. ATTEST: 1411WAyM1a:1:1 MA 3_ 196