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Home My WebLink About2014-77 - Denying Without Prejudice General Plan Amendment No. GP2013-002, and Code Amendment CA2013-007 for Property Located at 191 Riverside Avenue (PA2013-210)RESOLUTION NO. 2014 -77 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. 1. 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. Public hearings were held by the City Council on April 8, 2014, August 12, 2014, and September 9, 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 these hearings. 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. 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. 7. The additional parking demand caused by the proposed change in land use designation and zoning from PF to Mixed -Use requires further study to determine the proper layout of on -site parking, circulation of vehicles on the property, and the appropriate number of parking spaces for the property. 8. The proposed change in land use designation and zoning from PF to Mixed -Use will allow land uses with higher vehicle trip generation rates that could potentially further impact traffic and the deficient Riverside Avenue/West Coast Highway intersection. This impact may trigger the need for a dual eastbound left turn lane on West Coast Highway. 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. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 9t' day of September, 2014. w Rush N. Hill, II Mayor ATTEST: Leilani I. Brown City Clerk 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. 2014 -77 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 9t" day of September, 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of September, 2014. ddW4-69-11� City Clerk Newport Beach, California (Seal) Y F 1 .!'! fiC; 11-iij