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HomeMy WebLinkAbout04 - Nero Property Amendment PA2011-061CITY OF U(c NEWPORT BEACH City Council Staff Report Agenda Item No. 4 September 13, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt. Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Javier S. Garcia AICP, Senior Planner APPROVED: TITLE: NERO PROPERTY AMENDMENT (PA2011 -061) 105 15TH Street ABSTRACT: Amendment to the Zoning Map to change the designation of the subject property from Two -Unit Residential (R -2) to Mixed -Use Horizontal (MU -CV /15th ST) land use designation. The code amendment will be consistent with the General Plan and Coastal Land Use Plan amendments that were unanimously approved on August 9, 2011, City Council meeting. RECOMMENDATION: Conduct second reading and adopt Ordinance No. 2011 -21 (Attachment No. CC1) approving Code Amendment No. CA2011 -007. 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). Submitted by: Kimberly Brandt, CP Community DeverOpment Director Attachments: CC 1 Ordinance No. 2011 -21 with attachment. City Council Staff Report, August 9, 2011, with exhibits. 14 ORDINANCE 2011 -21 With attachments ATTACHMENT No. CC 1 2 ORDINANCE NO. 2011 -21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A ZONING CODE AMENDMENT TO CHANGE THE ZONING DESIGNATION OF PROPERTY LOCATED AT 105 1 51 STREET (PA2011 -061) WHEREAS, an application was filed by Morrie and Wanda Nero with respect to the subject property located at 105 15th Street, requesting approval of amendments to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use from residential to mixed -use.; and WHEREAS, on July 7, 2011, the Planning Commission conducted a public hearing 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 and Brown Act. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; WHEREAS, at the July 7, 2011, public hearing, the Planning Commission received public comments and on an affirmative motion (7 ayes, 0 noes), forwarded a recommendation to the City Council to approve the proposed Zoning Code Amendment; WHEREAS, the subject property is located within the Two -Unit Residential (R -2) Zoning District, the General Plan Land Use Element category is Two -Unit Residential (RT); and WHEREAS, the subject property is located within the coastal zone. The subject application considered by the City Council will simultaneously change the Land Use Element of the General Plan and the Coastal Land Use Plan from Two -Unit Residential (RT and RT -D) to the Mixed -Use Horizontal (MU -H and MU -H4) land use designations. WHEREAS, The amendment of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed code amendment to change the zoning of the subject property from Two -Unit Residential (R -2) to MU- CV /15" ST (Mixed -Use Cannery Village /15 °i Street) zoning designation. WHEREAS, the existing building and use, and future development of the subject 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 will be consistent with the purpose and intent of the MU- CV /15'h ST (Mixed -Use Cannery Village /15`h Street) Zoning district of the Newport Beach Municipal Code; and WHEREAS, 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. 3 ORDINANCE NO. 2011 -21 Page 2 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, release 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 relate (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, attorneys' 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 proceeding. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 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 property from R -2 (Two -Unit Residential) to MU- CV /15`h ST (Mixed -Use Cannery Village /15th Street), with all other provisions of the existing Zoning Map remaining unchanged. The change; however, shall not become effective until Coastal Land Use Plan Amendment No. LC2011 -003 is approved by the California Coastal Commission and in effect. SECTION 2: 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. SECTION 3: This project is exempt from the California Environmental Quality Act ( "CEQA") pursuant to Section 15302 — Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 The proposed amendments are exempt since they do not entail any significant alternation to the subject property and are essentially bringing the General Plan Land Use designation, Coastal Land Use designation and Zoning District to be consistent with the existing use of the buildings located on the subject property involved. ORDINANCE NO. 2011 -21 Page 3 SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 9'" day of August, 2011, and adopted on the 13th day of September, 2011, by the following vote, to wit: AYES. COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MICHAEL F. HENN, MAYOR ATTEST: LEILANI BROWN, CITY CLERK APPROVED AS TO FORM: DAVID R. HUNT, CITY A. ORN0 11,1 S ORDINANCE NO. 2011 -21 Page 4 ORDINANCE ATTACHMENT Exhibit A (Zoning Code Amendment) 10515 lh STREET CA2011 -007 (PA2011 -061) N dv 'i i,IN J y r CA2011-007.mxd June/2011 a s° a v �S J PCgj W C CA2011 -007 (PA2011 -061) Zoning Code Amendment 105 15th Street Sb F 0 250 500 Feet POgT CITY OF SEW NEWPORT BEACH City Council Staff Report Agenda Item No. 12 August 9, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Javier S. Garcia AICP, Senior Planner APPROVED: A TITLE: NERO PROPERTY AMENDMENTS (PA2011 -061) 105 15TH Street ABSTRACT: Amendments to the General Plan, Coastal Land Use Plan, and the Zoning Map to change the designations of the subject property from Two -Unit Residential (RT, RT -D and R -2) to Mixed -Use Horizontal (MU -H4, MU -H and MU-CV/1 5th ST) land use designations. RECOMMENDATION: 1) Conduct a public hearing; and 2) Adopt Resolution No. 2011 -85 (Attachment No. CC 1) approving: • General Plan Amendment No. GP2011 -004 and • Local Coastal Plan Amendment No. LC2011 -003; and 3) Introduce Ordinance No. 2011 -21 (Attachment No. CC 2) approving: • Code Amendment No. CA2011 -007; and • Pass to second reading for adoption on September 13, 2011 1 2 Nero Property Amendments August 9, 2011 Page 2 VICINITY MAP VIC vn % GENERAL PLAN & COASTAL LAND USE ZONING 105 15'" Street r` t ++ <•"+ 105 151" Street ` Nero Property " ` Nero Property ' l :1 CHANGES:CURRENTto PROPOSED LOCATION: GENERAL PLAN: COASTAL LAND USE PUN: ZONING: 10518'" Street RT to MU444 RT-0 to MU-H R -2 to MUCV 115'" ST SURROUNDING USES: North and West; FIT RT4D R -2 ;Two -Unit Residential) (Two -Unit Residential) (Two -Unit Residential) South, and MU -H4 MU.H MU- CV /15" ST (Mixed -Use Horizontal 4) (Mixed -Use Horizontal) (Mixed-Use, 5r Cannery trill 1 St) East PI 1.0 FAR and FIT PIC and RT-0 PI 1.0 FAR and R -2 (Private Institution and (Private Institution and Two- (Private Institution and T)ero- Two -Unit Residentlal Unit Residential Unit Residential) 5 11 Nero Property Amendments August 9, 2011 Page 3 FUNDING REQUIREMENTS: There is no budgetary impact related to this item Proiect Settina The subject property is approximately 2,500 square feet and located on the inland side of West Ocean Front on the Balboa Peninsula. It is designated by the Land Use Element of the General Plan, Coastal Land Use Plan, and the Zoning Code for Two -Unit Residential use. The property is currently developed with a mixed -use building with commercial use on the ground floor making it nonconforming with the General Plan, Coastal Land Use Plan and the Zoning Code. Background On June 7, 1990, the Planning Commission approved Use Permit No. 3383 that authorized the construction of a mixed -use building located at that time in the C -1 Zoning District (Attachment No. CC3). 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 "). 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. 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. 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 result of that action rendered several properties nonconforming, including existing commercial uses located within residential districts, which in accordance with Ordinance No. 2008 -05 became subject to abatement. On July 7, 2011, the Planning Commission held a public hearing on the proposed amendments. After evaluating the proposed land use designations and their intensities, and hearing testimony from the applicant and the public, the Planning Commission unanimously voted to recommend approval of the proposed amendments. A copy of the staff report (Attachment CC4), Planning Commissions Resolution (Attachment CC5) and the minutes of the hearing are attached (Attachment CC6). 15 Nero Property Amendments August 9, 2011 Page 4 O Analysis Amendments to the General Plan Land Use Plan, Coastal Land Use Plan, and Zoning Code are legislative acts. Neither City nor State Planning Law sets forth specific findings for approval or denial of such amendments. However, when making such decisions the City Council should consider applicable General Plan and Coastal Land Use Plan Policies and development standards to ensure consistency and compatibility with surrounding uses. The subject application does not include a specific project for development at this time. The proposed land use designation changes, as shown below, would allow the retention of the existing mixed -use development and allow for future development in accordance with the standards of the proposed zoning district (MU -CV /15th ST, Mixed -Use Cannery Village /15th Street) and with the General Plan, Coastal Land Use Plan and Mixed -Use Horizontal designations. The proposed land use designations would allow for the following: Mixed -Use Buildings: floor area to land ratio of 1.50; where a minimum floor area to land ratio of 0.25 and maximum of 0.5 shall be used for nonresidential purposes and maximum of 1.25 for residential. Nonresidential Buildings: floor area to land area ratio of 0.5 maximum. Multi - Family Residential Buildings: a density of 20.1 to 26.7 du /ac is permitted. General Plan The applicant requests to amend the General Plan to change the subject property from a two -unit residential to a mixed -use land use designation. The MU -H4 designation is intended to provide for the development of properties for mixed -use structures that horizontally integrate housing with retail uses including retail, office, restaurant; and similar nonresidential uses on the lower and upper floors; nonresidential use buildings and multi - family residential. MU -H4 designated sites also may be developed exclusively for retail or offices. Consistency with the policies of the General Plan (Policy LU 3.3 - Opportunities for Change) has been evaluated in conjunction with the proposed amendments and have been determined to be consistent with those policies as reflected in the attached consistency determination (Attachment CC7). 0 Nero Property Amendments August 9, 2011 Page 5 Coastal Land Use Plan The subject property is located in the coastal zone and therefore, is subject to the applicable goals, objective and policies of the Coastal Land Use Plan. The subject property does not contain any sensitive coastal resources as it is presently improved with a mixed -use commercial building nor located where public access easements would be required. In the Coastal Land Use Plan, visitor - serving uses are considered a higher priority land use than residential use. The continuation of mixed -use and future redevelopment on the subject property as permitted in the MU -H designation will not conflict with the policies of the Coastal Land Use Plan. Zoning Code The MU- CV /151h Street Zoning District is intended to provide for the development of mixed use commercial and residential projects with a maximum commercial floor area ratio (FAR) of 0.5 and residential density of one unit for every 1,631 square feet of land area (density of 20.1 -26.7 units per acre), and residential intensity of 1.25 FAR. Residential uses are allowed only above the ground floor The stated purpose and intent of the Zoning Code is to carry out the policies of the City of Newport Beach General Plan. Consistency between the General Plan and zoning designation is critical to ensure orderly development and enforcement. With regard to the subject property, existing mixed -use development would conform to the standards of the proposed MU -CV /15th Street Zoning District; the continued commercial use would be allowed without abatement. Future new development would require conformance with applicable development and parking standards. Charter Section 423 (Measure S) ,analysis Pursuant to City Charter Section 423 and Council Policy A -18, an analysis must be prepared to establish whether a proposed general plan amendment (if approved) requires a vote by the electorate. The proposed amendment would be combined with 80 percent of the increases in traffic, dwelling units and non - residential floor area created by previous general plan amendments (approved within the preceding 10 years) within the same statistical area. The following thresholds are applicable: 100 dwelling units, 100 A.M. peak hour trips, 100 P.M. peak hour trips, or 40,000 square feet of non - residential floor area. If any of the thresholds are exceeded and the City Council approves the requested General Plan Amendments, the amendments would be classified as a "major amendment' and be subject to voter consideration. Approved amendments, other than those approved by the electorate, are tracked for 10 years and factored into the analysis of future amendments as indicated. Table 1, summarizes the changes created by the proposed amendment with the recommended MU -H4 designation. The table also shows threshold totals for subject property. As indicated, none of the four (4) thresholds would be exceeded, and 7- Nero Property Amendments August 9, 2011 Page 6 therefore, a vote is not required. A more detailed analysis is attached (Attachment No. CC8). Table 1: Charter Section 423 Analysis Summary Statistical Area Dt A.M: Peak Hour P.M. Peak Hour Increase in Allowed Floor Area I Trips Trips Allowed Dwelling Units Proposed 1,250 sq. R I 3.38 4.54 0 GP2011 -004 PriorAmendments I None I None I None None TOTALS 7,250 sq. R 3.38 4.54 0 (MU -H4 is permitted) SB18 Tribal Consultation Guidelines Pursuant to Section 65352.3 of the California Government Code (CGC), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC) each time it considers a proposal to adopt or amend the General Plan. The appropriate tribe contacts supplied by the NAHC were provided notice on May 9, 2011, to allow tribe contacts to respond to the request to consult. That 90 day period ended on August 7, 2011. Staff has not received any responses. surnmary The applicant has requested the amendment to allow retention of the existing mixed - use building and uses. The building was constructed in 1990 and authorized by Use Permit No. 3383 that was approved on June, 7, 1990, by the Planning Commission. The uses have been in existence for nearly twenty one years and abatement at this time seems contrary to the General Plan Policies that promote revitalization of the area. Continuation of these uses and future development consistent with the MU -H4 designation does not appear to conflict with the General Plan or Coastal Land Use Plan or Coastal Act. The Planning Commission and staff do not foresee any adverse environmental impacts with continued use or redevelopment. The approval of the General Plan Amendments to MU -H4 designation would not necessitate a vote of the electorate, per Section 423 of the City Charter. ENVIRONMENTAL REVIEW: The Planning Commission recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15302 — Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, California Code gf Nero Property Amendments August 9, 2011 Page 7 Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 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). Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the properties, and was posted at the site a minimum of ten days in advance of this hearing, consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Submitted by: Kimberly Brandt, AICP Community Development Director Attachments: CC 1 Draft Resolution with Attachments CC 2 Draft Ordinance with Attachment CC 3 Relevant Information for 105 151` Street, PA2011 -061 CC 4 Planning Commission Staff Report, July 7, 2011 CC 5 Planning Commission Resolution No. 1848 CC 6 Excerpt of Planning Commission Minutes, dated July 7, 2011 CC 7 General Plan Land Use Consistency Determination CC 8 Section 423 Analysis Table I 10 DRAFT RESOLUTION With attachments EXHIBIT A M EXHIBIT B COASTAL LAND USE PLAN AMENDMENT NO. LC2011 -003 (PA2011 -061) ATTACHMENT No. CC 1 1111114 12 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN AND COASTAL LAND USE PLAN FOR PROPERTY LOCATED AT 105 151h STREET (PA2011 -061) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Morrie and Wanda Nero with respect to the subject property located at 105 151h Street, legally described as Lot 3, Block 15, Section B, Newport Beach Tract, requesting approval of General Plan Amendment No. GP2011 -004, and Coastal Land Use Plan Amendment LC2011 -003, changing the designation from Two - Unit Residential (RT and RT -D) to Mixed -Use Horizontal (MU -H4 AND MU -H); and Code Amendment No. CA2011 -007 changing the zoning designation from Two -Unit Residential (RT) to Mixed -Use Cannery Village and 151h Street (MU -CV /15th ST)Zoning District. 2. On June 7, 1990, the Planning Commission approved Use Permit No. 3383 that authorized the construction of a mixed -use building located at that time in the C -1 Zoning District, for the property located at 105 15th Street. 3. 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 "). 4. 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. 5. On February 5, 2009, the Coastal Commission certified Coastal Land Use Plan Amendment No. LC2007 -001 with suggested modifications as consistent with Chapter 3 of the Coastal Act (N PB_MAJ_1 -07). 6. On July 14, 2009, the City Council adopted Resolution No. 2010 -053 accepting all Coastal Commission suggested modifications and re- adopting Coastal Land Use Plan Amendment No. LC2007 -001 to incorporate all of the suggested modifications within the Coastal Land Use Plan. 7. On July 14, 2009, the City Council adopted Resolution No. 2010 -054 initiating a General Plan Amendment to make the Land Use Element of the General Plan consistent with Coastal Land Use Plan Amendment No. LC2007 -001. 13 Resolution No. Page 2 8. 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 May 9, 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 on August 7, 2011. No requests for consultation were received. 9. A public hearing was held on July 7, 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 unanimously (7 ayes, 0 noes) to adopt Planning Commission Resolution No. 1848 recommending City Council adoption of the proposed General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment. 10. A public hearing was held on August 9, 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 City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15302 — Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 The proposed amendments are exempt since they do not entail any significant alternation to the subject property and are essentially bringing the General Plan Land Use designation, Coastal Land Use designation and Zoning District to be consistent with the existing use of the buildings located on the subject property involved. 2. The City's action to amend the General Plan, the Coastal Land Use Plan and the Zoning Code as requested by the property owner 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, release and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all 14 Resolution No. Page 3 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 relate (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, attorneys' 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 proceeding. SECTION 3. FINDINGS. 1. The proposed amendments of the Land Use Element of the General Plan, the Coastal Land Use Plan and the Zoning Code are necessary to implement the property owner request. 2. General Plan Amendment No. GP2011 -004 (added to previous General Plan Amendments within the last 10 years, there were none) results in the following increases in residential units, peak hour A.M. and P.M. trips, and /or non - residential floor area within Land Use Statistical Area D1: Pursuant to the requirements of Charter Section 423 (Measure S), and Council Policy A -18 (Measure S Guidelines), General Plan Amendment No. GP2011 -004 is classified as a "Minor Amendment" and no vote of the electorate is required. 3. 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 MU -CV /15th ST zoning district of the Newport Beach Municipal Code. 15 'I'flble 1: Charter See6n 423 Annlpsk Siummary Stetislicnl Area D1 AIIOWedFloorArea ....., A.ivt:PeflkflourTrips P.i•I,PCnkHourTrips Increase 19X11owedb"U'ng. + Units Proposed 1,250 sq. 0. 338 4.54 0 GP2011 -004 Prior None None None None Amendments TOTALS (MU -114 is 1,250 sq. (t. 3.38 4.54 0 ennitted Pursuant to the requirements of Charter Section 423 (Measure S), and Council Policy A -18 (Measure S Guidelines), General Plan Amendment No. GP2011 -004 is classified as a "Minor Amendment" and no vote of the electorate is required. 3. 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 MU -CV /15th ST zoning district of the Newport Beach Municipal Code. 15 Resolution No. SECTION 4. DECISION NOW, THEREFORE, BE IT RESOLVED: Page 4 1. Amendments to the General Plan and Local 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 as shown in attached Exhibit A and Coastal Land Use Plan Amendment as shown in attached Exhibit B. 3. The City Council of the City of Newport Beach hereby authorizes submittal of the Local Coastal Land Use Plan Amendment to the California Coastal Commission for formal review and approval. 4. Local Coastal Land Use Plan Amendment No. LC2011 -003 shall not become effective until after California Coastal Commission approval. Passed and adopted by the City Council of Newport Beach at a regular meeting held on August 9, 2011, by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 10 Resolution No. RESOLUTION ATTACHMENT EXHIBIT A (General Plan Amendment Map) Page 5 27 12 Resolution No. Existing Land Use: Two - nit Residential (RT) 4r Proposed Land Use: Mixed -Use Horizontal 4(MU•H4) �, J11111ra �, �� flflll /lf /111i .r,r " rur�Jrr►iu I�Allr ����i� �Ilffllfll Xi �N� f1�Irrlrr� r°t ff°°ffr�,;+ � �rurrrJrrri rfi., ��rrrr �ifrri a � 11 �rrrrr �� -0 - General Plan Amendment N Page 6 29 20 Resolution No. RESOLUTION ATTACHMENT EXHIBIT B (Coastal Land Use Plan Map) Page 7 21 22 CM -13 s' OF Rq Yq Resolution No. �t,� rrmrrrrrrrr rrrr�r, lr�' �uli��if PR 4A +p'�i LC2011- 003(PA2011 -061) ° '�FK, Coastal Land Use Plan Amendment 10515th Street Lc2Dtt -W3 nw nnenoii Page B 2S 24 DRAFT ORDNANCE With attachments Exhibit A (Zoning Code Amendment) (PA2 011 -061) 25 M ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A ZONING CODE AMENDMENT TO CHANGE THE ZONING DESIGNATION OF PROPERTY LOCATED AT 105 151h STREET (PA2011 -061) WHEREAS, an application was filed by Morrie and Wanda Nero with respect to the subject property located at 105 15th Street, requesting approval of amendments to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use from residential to mixed -use.; and WHEREAS, on July 7, 2011, the Planning Commission conducted a public hearing 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 and Brown Act. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; WHEREAS, at the July 7, 2011, public hearing, the Planning Commission received public comments and on an affirmative motion (7 ayes, 0 noes), forwarded a recommendation to the City Council to approve the proposed Zoning Code Amendment; WHEREAS, the subject property is located within the Two -Unit Residential (R -2) Zoning District, the General Plan Land Use Element category is Two -Unit Residential (RT); and WHEREAS, the subject property is located within the coastal zone. The subject application considered by the City Council will simultaneously change the Land Use Element of the General Plan and the Coastal Land Use Plan from Two -Unit Residential (RT and RT -D) to the Mixed -Use Horizontal (MU -H and MU -H4) land use designations. WHEREAS, The amendment of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed code amendment to change the zoning of the subject property from Two -Unit Residential (R -2) to MU- CV /151h ST (Mixed -Use Cannery Village /15th Street) zoning designation. WHEREAS, the existing building and use, and future development of the subject 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 will be consistent with the purpose and intent of the MU- CV /15'h ST (Mixed -Use Cannery Village /15th Street) Zoning district of the Newport Beach Municipal Code; and WHEREAS, 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. 27 ORDINANCE NO. Page 2 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, release 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 relate (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, attorneys' 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 proceeding. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 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 property from R -2 (Two -Unit Residential) to MU- CV /15th ST (Mixed -Use Cannery Village /15th Street), with all other provisions of the existing Zoning Map remaining unchanged. The change; however, shall not become effective until Coastal Land Use Plan Amendment No. LC2011 -003 is approved by the California Coastal Commission. SECTION 2: 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. SECTION 3: This project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15302 — Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 The proposed amendments are exempt since they do not entail any significant alternation to the subject property and are essentially bringing the General Plan Land Use designation, Coastal Land Use designation and Zoning District to be consistent with the existing use of the buildings located on the subject property involved. 22 ORDINANCE NO. Page 3 SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 9th day of August, 2011, and adopted on the 13th day of September, 2011, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES. COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MICHAEL F. HENN, MAYOR ATTEST: LEILANI BROWN, CITY CLERK APPROVED AS TO FORM: POM R. HUNT, CITY 41,0101/l/ 29 30 ORDINANCE NO. Page 4 ��� ��ii�� ►I L � ■ 11 _ ► Exhibit A (Zoning Code Amendment) 105 15'h STREET CA2011 -007 (PA2011 -061) 31 S2 91 y e.w Nn,q 9 ti r n CA2011- 007.mxd June/2011 1 1) PC6 CA2011 -007 (PA2011 -061) Zoning Code Amendment 105 15th Street 0 250 500 Feet N S4 RELEVANT INFORMATION: 10515 th Street FOR PA2011 -061 GP2011 -004 CA2011 -007 LC2011 -003 35 so COMMISSIONERS . ROLL CALL CITY OF NEWPORT BEACH June 7, 1990 MINUTES That the proposed use could potentially result an increase in the demand for off -street parting not provided on -site. 2 That the approval of Use Permit No will, under the c rcums :antes of this case, be mental tc the health, safety. peam morals, comfo and general welfare of persons residing and work' n the neighborhood, or be detrimental or injuriou. property and improvements in the neighborhood o o the general welfare of the City. 3. That the pjoJ56sed facility will adversely affect the residenti adjacent to the subject property. 4. the use would only benefit special persons (i.e. staff physicians at the Newport lido Medical Center and ezHoag Hospital), and the residential community should not be impacted by the operation. . Request to permit the construction of a combined commercial /residential development on property located in the C -1 District. The proposal also includes: a request to approve a use permit so as to allow commercial development of the site which maintains a Floor Area Ratio which is less Than 0.25; and modifications to the Zoning Code so as to allow the use of tandem parking for a portion of the required commercial parking and to allow the second floor of the structure to encroach 4 feet into the required 10 foot rear yard setback adjacent to a Z foot wide alley. LOCATION: Lot 3, Block 15, Section B, Newport Beach, located at 105 15th Street, on the northwesterly side of 15th Street, between West Balboa Boulevard and West Ocean Front, on the Balboa Peninsula. ZONE: C- i APPLICANTS: Morrie and Wanda :Vero, Newport Beach W INDEX :Lem Nu_3 Ur3383 h_aproved 37 COMMISSIONERS o� 0 a June 7, 1990 CITY OF NEWPORT BEACH MINUTES ROL t cat ; _ OWNERS: Same as applicants INUEY.. The public hearing was opened in connection with this item, and Mr. Todd Schooler, Architect, appeared before the Planning Cnmmimion on behalf of the applicant. Mr. Schooler referred to the calculations listed in the staff report and he indicated that the residential portion of the project does not exceed 1,872 square feet of floor area with a 0.75 FAR, wherein the staff report indicated 1,892 square feet of residential floor area with a 0.76 FAR Mr. Schooler concurred with the findings and conditions in Exhibit "A' with the exception of Condition No. 18, requesting that the lighting system be prepared and signed by a licensed Electrical Engineer wherein he asked if a licensed architect could also be considered, based on the size of the commercial project. James Hewicker, Planning Director, stated that Condition No. 18 is a standard condition placed on commercial projects; however, he indicated that the Planning Commission may modify the condition. Mr. Schooler stated that an Electrical Engineer is a substantial cost for a 500 square foot commercial space. Commissioner Pem6n concurred based on the size of the project- Commissioner Debay asked if the applicant concurred with the findings and conditions in Exhibit "B ", which limits residential FAR to 0.75, reduces the depth of the commercial parking and requires redesign of parking area. Mr. Schouler responded that the purpose of the proposed parking layout is based on the location of the project and the heavy impact of traffic in the area. He explained that if the garage doors are set back, the public would have the opportunity to park their automobiles and block the driveway adjacent to the alley as well as create other public nuisances. Mr. Hewicker explained that between the commercial use and 1 the front of the parking spaces there is a large area between the trash enclosure and the stairway that could be used for either enlarging the residential, storage or commercial areas. He indicated that if the garages would be separated with a wall running perpendicular to the alley, it would provide more than the minimum required garage spaces, and it would push the commercial parking spaces forward on the lot, and the surplus area adjacent to the alley would be similar to the setback ttdjacem to the residence on the north side of the property. -10- L----- - 3g L COMMISSIONERS P Y •�� �J O� 0 • CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INDEX Mr. Schooler indicated that he did not oppose a wall that would separate the commercial from the residential parking spaces, that the garage doors will remain open during the day, and the applicants will reside on the premises. In response to a qucstlon posed by Commissioner Glover regarding the signagc, Mr. Schooler explained that the signs will be'nstalled at the front and rear part of the property indicating that the garage door shall remain open and the commercial parking is at the rear of the property. Mr. Schooler and Commissioner Debav addressed the single garage door for the residential and commercial uses that s proposed for security reasons. The Piann -ag Commission, Mr. Schooler and Mr. Hewicker disc.issed concerns regarding the foregoing Condition No. 18, and apF-opriate plans !hat could be submitted to the City for plan check which wmild verifv that the required condition has been met by a F,cn >c i . \r( :.,tr. The conclusion was that the condition could be modified to add "or licensed architect. Mr. Bud Van Omum, 107 - 15th Street, appeared before &.a Planning Commission wherein he indicated that his concerns include the project encroaching to the side property line, the proposed number of parking spaces, and the material used to construct the exterior wall inasmuch as his residential structure on the adjoining property is 96 inches from the subject property. Mr. Schooler appeared before the Planning Commission to state that the exterior walls on the side property lines would be constructed of wood siding, and it was further agreed that Mr. Schooler and Mr Van Ornum would meet in the future to dis um the project. Commissioner Pers6n commented that Mr. Van Ornum's property is bested in the "C -1" District where a zero side yard setback is allowed. In response to the foregoing concerns, Mr. Hewicker explained that the first floor of the building adjacent to the alley will be set back 10 feet, and the second floor will be set back 6 feet from the alley. Mr. Van Ornum suggested that the applicants construct a brick wall as a buffer between the two lots. Mr. Jim Cantwell, 1511 Nest Balboa Boulevard, appeared before the Planning Commission wherein he addressed the parking and traffic congestion in the commercial area and in the alley. Commissioner Pers6n commen:ed that the applicant could -11- 39 COMMISSIONERS v� � �n 1A� � D �O �f • CITY OF NEWPORT BEACH Jwie 7, 1990 MINUTES ROLL CALL INDEX develop a 1,250 square foot commercial building on the site without coming to the City for discretionary approval, and an advantage of mixed use is that it does not generate as much traffic. Mr. Charles Banks, 1510 West Ocean Front, appeared before the Planning Commission. He suggested that the subject parcel be integrated and developed with the adjacent parcels of land. In response to a question posed by Commissioner Pers6n, Mr. Banks explained that there arc several lots that are under one i ownership. Commissioner Glover supported the subject use and the concept of mixed use in the area. Mr. Banks indicated that the residents will be impacted by future development. Mr. Morrie Nero. propery owner, appeared before the Planting Commission. He explainer' that inasmuch as the intent is to reside on the property, the applicants are requesting privacy by being able to enclose the commercial parking spaces with a garage door at night. He stated that a garage wall between the residential and commercial parking spaces would be inconvenient-, however, he agreed to have a wall constructed if nececcary. Mr. Nero stated that inasmuch as the alley is 25 feet wide, the proposed uses will not impact the alley. He indicated that the commercial area consisting of 500 square feet would be utilized as office space. Mr. Nero and Mr. Hewicker discussed the use of the residential garage door. Mr. Ncro stated that the area surrounding the stairway will be landscaped. Ms. Denise Cantwell, 1511 West Balboa Boulevard, appeared before the Planning Commission wherein she addressed the parking congestion in the area. There being no o'hers desiring to appear and be heard the public hearirg was closed at this time. In response to a question posed by Commissioner Debay regarding Exhibit "B', William Layeock Current Planning Manager stated that Condition \t, 3, Fxhibit B', stales that the two residential parkirg spaces shall be separated from the commerdal parking spaces by a full height wall and shall have a separate garage door. Notion • Motion was made to appro\t, Use Permit No. 3393 subject to the findings and conditions to Exhibit 'B•. Commissioner Debav based her motion on the fact that the property is weed -12- M90 COMMISSIONERS ROLL CALL All Eyes 9 . June 7, 19% MINUTES CITY OF NEWPORT BEACH INDFX .commercial ", and the property owner has the right to develop his property as long as it meets the zoning regulations. She requested that Condition. No. 18 be modified to add "...licensed Electrical Engineer or Licensed Architect.'. She suggested that recommended conditions for entirely commercial projects not necessarily be included on future mixed use applications. Commissioner Pers6n stated that the subject project is similar in size to a duplex, and he opposed the lighting and similar conditions based on the size of the proposed development. Mr. Hewicker suggested that Condition No. 18 in Exhibit 'B" could be modified to state that the lighting shall be designed in such a way as to conceal the light source and maintain the tight on the property, Motion was voted on to approve Use Permit No. 3383 subject to the findings and conditions in Exhibit "B" (Limits resid: +tial FAR to 0.75 and -educes the depth of the commercial parking and requires redesign of parking area), and add to Condition No. 18 "Licensed Architect'. MOTION CARRIED. Findings, 1. That the proposed commercial space constitutes a significant portion of the development. 2. That the proposed commercial development is large enough to accommodate a viable business. 3. That the design of the development or the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That public improvements may be required of a developer per Section 20.80.060 of the %iwiicipal Code. 5. That the proposed development is consistent with the General Plan and the adohir,i Local Coastal Program, Land Use Plan. and is compatible with surrounding [and uses. 6. That inasmuch as the proposed project is located on commercially zoned property and includes a commercial -13- 41 COMMISSIONERS . June 7, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Fl it is reasonable and — necessary to limit the residential Floor Area Ratio to 0.75. 7. That other similar projects which have been approved within the Central Balboa area and Cannery Village have included residential development which did not exceed 0.75 Floor Area Ratio. 8. The approval of Use Permit No. 3383 will no% under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and wor;dng in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modifications for a commercial tandem parking space and the second floor encroachment into the alley setback are consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. Conditicas: 1. That the proposed development shall be in substantial compliance with the approved site plan, floor plans and elevations, except as noted below. 2. That only one dwelling unit shall he permitted on the site. 3. That the two garage parking spaces (including a tandem parking space) shall be for the exclusive use of the residential unit on the site and shat >c physically separated from the commercial parking spaces by a full height µall and shall also have a separate garage door. 4. That one tandem parking space and one independently accessible parking space shall be provided for the commercial use on the property at all times the commercial space is open for business. Should an operating garage door he utilized, the parking spaces shall remain open during business hours and made available for use by the employees and the public. The depth of the commercial parking area shall ' - reduced to a minimum depth of 36 feet to provide only two car tandem parking inside the building. •14- 42 COMMISSIONERS • .o n � q \� CITY OF NEWPORT BEACH June 7, 1990 MINUTES ROLL CALL INOEX 5. That a sign whit! �vill he visible from the street shall be provided at the front of the building, indicating the location of the commercial parking at the rear of the property. In addition, a sign shall also be located on the rear of the building, statine that the garage door to the cvnmtercal parking spaces shall remain open during regular business hours. Said sign sball also provide the telephone number of the City 's Code Enforcement personnel so that the pub! , may contact the City if the garage door is closed during regular business hours. 6. That the residential Floor Area Ratio for the proposed project shall not exceed 0.75 (1,875 sq.ft.). 7. That all improvements be constructed as required by Ordinance and the Public Works Department. 8. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvement -c. 9. That the commercial and residential units he served with individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department. 10. That the on -site parking, vehicular circui, pedestrian circulation systems be subject to further review by the City Traffic Engineer. 11. That all vehicular access to the p-operty ie from the adjacent a:ley unless otherwise a-�-oved by the Clay Cottn6 12. That County Sanitation D;strict fees be pa.l prior to issuance of any building permits. 13. That the curb avid sidewalk be reconstructed along the 15th Street frontage and that the asphalt portion of the deteriorated alley adjacent to the site be reconstructed unde: an encroachment permit issued by the Public Works Department. -:5- 43 L- --- COMMISSIONERS • . ROLL CALL CITY OF NEWPORT BEACH June 7, 1990 MINUTES 14. That the Public Works Department plan check and inspection fee be paid. 15. That the disruption caused by construction work along road..,:,. • and by movement of construction vehicles shag be minimized by proper use of tmffrc control equipment and flagmen. Traffic control transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. No construction storage or delivery of materials shall be stored within the 15th Street right-of- way. Prior to issuance of any grading permits, a ping plan for workers must be submitted and approved by the Public Works Department. 16. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 1914.140 of the Municipal Code. 17. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of building permits. 18. The ;fighting system shall be designed, directed. and maintained in such a manner as to conceal light sources and to minimize light spillage and glare to the adjacent residential areas. The plans shall be prepared and signed by a licensed Electrical Engineer or licensed Architect; with a letter stating that, in his opinion, this requirement has been met. 19. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 20. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 2080.090A of the Newport Beach Municipal Code. 16- INDEX 44 I 1 rM516; I P A.- 1� I rr T COMMORCIAL &PACO FOR it No WF "ORY 60MI= MCIONROM a WAJ%iOA VOINOD mbelam vlwTtwf=^ NEWP42prr cu,- mmac -i 1j I f +'. T-1111 III � 41t L 11 40 & ans.110SPICIAL '105 iGTK STREET SPACE POR: NEWPORT BEACH MORRIS & WANDA NERO 2443 VISTA NOMPLAZA NEWPORT EXACM CA. 82600 40 PROPERTY TO THE SOUTH- 101 1ST" STREET, MIXED USE BUILDING i ,I t PROPERTY TO THE SOUTH -103 15T" STREET, MIXED USE BUILDING 4R a 0 W N N N n 0 N s r 0 z. W r r ce W CL O IC t9 z 9 5 m W N W X_ aFW M N O N K W CL Q K CL C W 7 49 50 Planning Commission Staff Report, dated July 7, 2011 (PA2011 -061) ATTACHMENT No. CC 4 51 52 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT J ' '011 Heanng Agenda Item _ 4 SUBJECT: Nero P•operty Amendment - (PA2011 -061) 105151 Street • General Plan Amendment No. GP2011 -004 Code Amendment No CA2011 007 Local Coastal Plan Amendment No. LC2011 -003 APPLICANTS: Morrie and Wanda Nero PLANNER: Javier S. Garcia AICP, Senior Planner (949) 644 -3206 jgarcia @newportbeachca.gov PROJECT SUMMARY T ic Nroperty owner is seeking to continue the existing noncon`onning commercial uses of the subject property by requesting the follow' icJ amendments- 1 General Plan Land Use designation from Two -Unit Reside -Jal (R -; to Mixec -Use Horizontal 4 (MU -H4), 2) Coastal Land Use Plan designation, from Two -Unit Residential (RT -D) to Mixec -Use Horizontal (MU -H), and 3. Zoning designation from Two -Unit Residential (R -2) to the Mixed -Jse Cannery Village and 15th Street (MU -CV /15th ST). No new lanc -- 1Pvelopment is proposed at this time. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ (Attachment No. PC 1) and attached Ex -ii its recommending the City Council: • Approve General Plan Amendment No. GP2011 -004; and • Approve Local Coastal Plan Amerdment No LC2011 -003; and • Approve Code Amendment Ne. CA2011 -007. -s w A 0, / 0 3 / w t a w: a2/ w.2 / w2 /w2 /wz Nero Property Amendment July 7, 2011 Page 2 VICINITY MAP VV � � •)IF e} wa «I WHW v111. or wu+ wra ei 54 CHANGES:CURRENTto PROPOSED LOCATION' GENERAL PLAN: COASTAL LAID USE PLAN: ZONING: RT -D to MU -H R-2 to MU -CW le ST 105 15' Street RT to MU -He SURROUNDING USES: North and Weat; RT RT -0 R -2 (Two -Unit Reek (Two-Unit Resldentlel) (Two -Unit Residential) Said, and MU 444 MU -H MUL'W15e ST (Mixed-Use Horizontal Q (Mixod -Utte Horizontal) (Mixed -Use, Cannery - - -_ wao i O1 SI)_. East PI 1.0 FAR and RT PIC sold RT43 PI 1.0 FAR and R -2 (Private Institution and (Private InaHtudon aid Rao- (Prlvab InetWion and Two -Unit Residential) Iloft Rnllderow Two -UnH ResldenUN) 54 Ne,o Property Amendment July 7, 2011 °ag.; 3 INTRODUCTION Project Setting The subject property is approximately 2,500 square feet and located on the inland side of West Ocean Front on the Balboa Peninsula. It is designated by the Land Jse Element of the General Plai --oastar Land Use Plan. and the Zoning Code for Two- iit Residential use. The property is currently developed with a nixed -use building •vith commercial use or, the ground floor making it nonconforming with the General Plan, Coastal Land Use Plan and the Zoning Code. Background Or June 7 1990: the Planning Commission approved Use Permit No 3383 'nat authorized the construction of a mixed -use building located at that Nme in t -e _ -1 Zoning District (Attachment No. PC 3). 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 "). Or November 13 2007 the City Council adopted Resolution e 2007 -71 approving Coastal Lard Use Plan Amendment No. LC2007 -001. making the Coastal Land Use Flan corsistent w th the General Plar Update. Or 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 C'ty's Local Coastal Plan (LCP), which occurred on July 14, 2009, anc the subsequent Zo-nr,c Cod. Update wl-ich was effective November 25, 2010. Or ictober 25. 2010, the City Counca Adopted a Comprehensive Update to the Zcr ing Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zcr ng Code and the Land Use Element of the General Plan. The resu ' `_' n rendered several properties nonconforming. including existing commercial uses located wr mi residential districts which in accordance with Ordinance No. 2008 -05 became subjec- to aoa, r�,ent. T! t- City sent letters to all known uses that are subject to abatement Staff has met and con inues to meet with many of the owners of property that are su to abatement. Staff has explained to those owners the options available to them to remedy their individual situations. Those remedies may include conversion of use or development to a residential use; request for extension of the abatement period, and /or request to amend the General Plan, Coastal Land Use Plan a^d Zoning Code to allow t' a oontir ation of the commercial 55 Nero Property Amendment July 7, 2011 Page 4 use. In the case of the subject app ication, a owner chose to pursue amendments to change the lard use desigrations of 'heir property from residential to mixed-use. I oiect Descriotior The subject application does not include a specific project for development at this time. The oroposeo nd use c nges, as shown below, would a!!ovr the retention of the existing land use and a;low for future development it accordance with the standards of the proposed zoning district. Existing Proposed General Plan Two-Unit Reskentija (RT) _ ! Mixed -Use Horizontal 4 Coastal Land Use Plan — Two -Unit Residential (RM ; Mixed -Use Horizontal (I zoning District j Two-Unit Residential (R -2) I Mixed -Use, Cannery Vi (MU- CV115th ST- 0.5) Analysis Amendments to the General Plan Land Use Plan, Coastal Land Use Plan, and Zoning Code are legislative ads. Neither City nor State Planning Law sets forth required findings for approval or denial of such amendments. However, when making a recommendation to the City Council, the Planning Commission should consider applicable policies and development standards to ensure internal consistency. General Plan The applicant requests to amend the General Plan to change the subject property from a two -unit residential to a mixed -use land use designation. The MU -H4 designation is intended to provide for the development of properties for mixed -use structures that horizontally integrate housing with retail uses including retail, office, restaurant, and similar nonresidential uses on the lower and upper floors; nonresidential use buildings and mufti- family residentia MU -H4 designated sites also may be developed exclusively for retail or offices in accordance with the CN, CC. CG, or CO-G designations. Mixed Use Buildings: floor a,ea to land ratio of 1.50; where a minimum floor area to land ratio of 025 and maximum of C 5 shall be used for nonresidential purposes and maximum of 1.25 for residential. Nonresidential Buildings: floor area to land area ratio of 0.5 maximum. b1ulti- Family Residential Buildings a density of 20.1 to 26.7 du /ac is permitted. 50 Nero Property Amenament July 7, 2011 Pag, 5 In considerirg the pr000sed General Plan Amendment, the Planning Commission snowd consider the following Land Use Element policies: Policy LU 3 3 - Opportunities for Change states it part as follows: (Newport 3each General Plan, pp. 3 -9) Provide opportunities for improved development and enhar.ed environments fcr residents in the following districts and comdors... Balboa Peninsula more efficient patterns of use that consolidate the Peninsu visitor - serving and mixed uses within the core commercial districts; encourage marine - related uses especially along the bay front; integrate residential with retail and visitor- serving uses in Lido Village, McFadden Square, Balboa Village, and along portions of the Harbor frontage. re -use interior parcels it Canrery Village for residential and limited mixed -use and liveiwork buildings; and redevelop underperforming properties outside of the core commercial districts along the Balboa Boulevard corridor for residential. Infill development shall be designed and sited to preserve the historical and architectural fabric of these districts. The subject site was so re- designated with the adoption of the General Plan Update. Tt-e genera purpose was to strengthen the viability of commercial uses around the existing commercial centers at the signalized intersection The subject property is located on 15'" Street, which has historically and currently developed wits commercial and mixed -use structures. The amendment will provide continued use of the ground floor for commercial use as currently designed in furtherance of the policy. Approval of the amendment will allow the continuation of the existing mixed use development that would not be subject to abatement and therefore avoid the near term result of creating vacant Porto- of the building on 15U Street. ' he oresence of vacant storefronts has the opposite effect of revitalization. Coastal Land Use Plan, The subject property is located in the coastal zone and therefore, is subject to the applicable goals, objective and policies of the Coasta Land Use Plar. This Plan is created to govern the use of land and water it the coastal zone within the City. of Newport Beach and is in accordance with the California Coastal Act of 1976 'he subject property has a land use designatior of Two -Unit Residential (RT -D). he a: -I int is requesting to change the current land ise to a nixed -use designation. The subject property does not contain any sensitive coastal resources as it is presently improved with commercial buildings nor I here public access easements would be required The Coasta' Act prioritizes land uses, and visitor- serving uses are a higher priority land use than residential use. The contiriation of commercial uses and future redevelopment on the subject property as perm'tted in the MU -H designafon will not corfl ct with the policies of the Coastal Act. s7 Nero Property Amendment July 7, 2011 Page 6 Zoning Corte the MU- CV /15'" Street Zoning District is intended to provide for the development of mixed use commercial and residential projects with a maximum commercial floor area ratio (FAR) of 0.5 and residential density of one unit for every 1.631 square feet of land area (density of 20.1 -26.7 units per acre), and residential intensity of 1.25 FAR. Residential uses are allowed only above the ground Poor 1 , stated purpose and intent of the Zoning Code is to carry out the policies of the City of Newport E. _ i General Plan Consistency between the General Plan and zoning designation is critical to ensure orderly development and enforcement. With regard the subject property, existing mixed -use development would conform to 'he standard of the proposed MU- CV /15"' Street Zoning District the continued commercial use wculd be allowed without abatement Future new development wou require conformance with applicable development and parking standards. Under the existing RT designation, the subject property could be developed with a maximum of two (2) residerha dwelling units. A total of four (4) parking spaces would be require4_ The main purpose of the requested amendment is to maintain the existing mixed -use developme�• as was originally approved on June 7, 1990, by the Plannirg Commission under Use Permit No. 3383. The charts below demonstrate how the subject property of 2,500 square feet in size could be developed under the minimum and maximum intensity allowance for MU- CV /15'" Street zoning designation. The parking for the existing commercial development is provided one space for every 250 square feet of gross floor area. MU- CV /15" Street Parking 1,250 sf (0.50 FAR) ; 2 (482 sl Q 5 (1/250 gross s!; 1 (2M U/AC) , 3,125 (1.25 FAR) 12 garage J Comrnaclal On 0.6 FAR Parklim Total 1,250 of. (0.50 FAR) 5 (11250 gross at) per M Nero Property Amendment July 7, 2011 Page 7 As demonstrated, under the minimum mixed -use intensity allowance the suby-ct property could be developed with up to 1.250 square feet of retai' commercial development and one (1) residential dwelling unit. Under this scenario however, it. unllkeiy that tre seven (7) required parking spaces could be provided on -site (five (5) commercial parking spaces, includes one (1) handicap space: and two (2) residential parking spaces). The project is developed to the maximum mixed -use intensity as originally approved by Use Permit No. 3383 (the minima n mixec -use scenario in the table above with four (4) parking spaces;. Charter Section 423 (Measure S) Analysis Pursuant to City Charter Section 423 and Council Policy A -18, an analysis must be prepared to establish whether a proposed general plan amendment (if approved) requires a vote by the electorate The proposed amendment wowd be combined with 80 percent of the increases in traffic dwelling units and non - residential floor area created by previous general plan amendments (approved within the preceding 10 years) within the same statistical area. However, since there have been no previous amendments w thin tnis statistical area, only the change as apply to this amendment are provided r Table 1 The following thresholds are applicable.- 100 dwelling units, 100 A M- peak hour trip, , 00 P.M peak hour trips. or 40,000 square feet of non - residential floor area. If any of the thresholds are exceeded and the City Council approves the requested General Plan Amendments. the amendments would be classified as a "major amendment" and be subject to voter consideration. Approved amerdments . other than those approved by the electorate are tracked for 10 years and factored into the analysts of future amendments as indicated. Table 1, summarizes the Granges created by the proposed amendments with the recommended MU -Hd desigra:ic%. The table a, -hows threshold totals for subject property As indicated, none of the ' ,.% 4 thresholc would be exceeded, and therefore. a vote is not required A more detailed analysis is attached (Attachment No. PC 4) Table 1: Garber Saollon 477 Anrye(e Sreetly SLSSSesI Am D1 - A.N. Hsk Hour P.M. Peon rlorr Ieeaeee b Allewod Floor Area Polls Td" WAS Oled q tllAS Proposed 1,250 sq. 8. 3.38 4.54 -1 OP26114)04 PdorA.resleads I Now I None I none i Nene (1W444 e. peen6ted) I 1'= si t I 336 4.54 .1 J�9 Nero Property Amendment my 7, 2011 Page 8 SB'8 Tribei Consultation Gu.'delfnes Pursuant to Section 65352 3 of the California Government Code, a local government is required to contact the appropriate tribes identified ry the Native American Heritage Commission (NAHC) each time it considers a proposal to ad ,-)j ' or amend the General Plan. If requestea by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources The City received comments f-or the NAHC indicating thai m t ) tribe contacts should be provided notice regarding the proposed project The appropriate tribe contacts supplied by the NAHC were provided notice on May 9, 2011 Section 65352.3 of the California Government Code requires 90 days to allow tribe contacts to respond to the recuest to consult unless the tribe contacts mutually agree to a snorter time period. The project sites are located in a geographic feature which was significantly modified during the last century in order to after channels for navigation (Newport Harbor) and form habitable islands The Balboa Peninsula area was created after the era of Native American settlement and has been subject to significant landform alteration Due to these factors, the City has contacted the nine (9) tribe contacts by telephone, email, and stand,vo mail, and has not yet received any responses although the review period remains open. The Planning Commission may recommend the proposed project to City Council at this time However the City Council may not act on the proposed amendments until the tribe review period is concluded. Given that the sites are presently developed and that the no development is proposed at this time staff dies not anticipa!•_ anv conflicts or need for monitoring bi the tribes. If any comments are received from the tribes, they will be forwarded to the City Council for ccnsideration. Environment.0 Review The proposed amendments are exempt since ti-ey do not entail any significant alteration to the subject property and wil b-ing the General Plan Lard Use, Coastal Land Use, and Zoning District designations consistent with the present use of '.he subject property. The site is presently deveioped and no development is proposed at this time, however, future development of the existing property and structures would be categorically exempt under Sectior 15302 cf the Ca forma Environmental Quality Act (CEQA) Guidelines — Class 2 (Replacement or Reconstruction). Summary The applicant has requested the amendment to allow retention of the existing mixed - use building and uses. The building was constructed in 1990 and authorized by Use Permit No 3383 thias approved on June, 7, 1990, by the Planning Commission. The uses nave been in existence for nearly twenty one years and ?s abatement at this t me seems contrary to the General Plan Poicies that p,omote revitalization of the area 00 Nero Property Amendment July 7, 2011 Page 9 Continuation of these uses and future development consistent with the MU -H4 designation does not appear to conflict with the General Plan or Coastal Land Use Plan or Coastal Act. Staff does not foresee any adverse environmental impacts with continued use or redevelopment. The approval of the General Plan Amendments to MU -H4 designation would not necessitate a vote of the electorate, as requirec by Section 423 of the City Charter. Alternatives Alternatives to the recommended or applicant proposed amendments could include disapproval of the request and retention of the existing General Plan Coastal Land Use Plan and Zoning designations of Two -Unit Residential. If it is the desire of the Planning Commission to disapprove this request in its entirety, the attached resolution recommending disapproval is provided (Attachment No. PC2). However, such an action would require abatement of the existing nonresidential use in accordance with the provisions of the Zoning Code, Section 20.38.100. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the properties, and was posted at the site a minimum of ten days in advance of this hearing, consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: Javief S. Gardid AICP, Gregg Ra 1rez, Senior Planner Senior Planner ATTACHMENTS PC 1 Draft Resolution Recommending Approval with Attached Exhibits PC 2 Draft Resolution Denying Amendment Request PC 3 Relevant Information for 105 15th Street, PA2011 -061 PC 4 Section 423 Analysis Table F 20111PA20114*11PC Ouciments •PA201 I- 061TA2011.061 • PC suff repim 07-07 -2011 docr Tmp11: 1123109 01 02 Planning Commission Resolution No. 1848 (PA2011 -061) ATTACHMENT No. CC 5 OS 04 RESOLUTION NO. 1848 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN, COASTAL LAND USE PLAN AND THE ZONING CODE TO CHANGE THE LAND USE DESIGNATION FROM TWO -UNIT RESIDENTIAL TO MIXED -USE HORIZONTAL (MU -H4 AND MU -H); AND TO MIXED -USE CANNERY VILLAGE AND 15TH STREET ZONING DISTRICT (MU -CV /15TH ST), FOR PROPERTY LOCATED AT 105 15TH STREET (PA2011 -061) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On June 7, 1990, the Planning Commission approved Use Permit No. 3383 that authorized the construction of a mixed -use building located at that time in the C -1 Zoning District, for the property located at 105 15th Street. 2. 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 "). 3. 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. 4. On January 28, 2008, the City Council adopted a new ordinance (Ordinance No. 2008- 05) that 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. 5. On October 25, 2010, the City Council Adopted a Comprehensive Update to the Zoning Code (Title 20) bringing consistency between the Zoning Code and the Land Use Element of the General Plan. The result of that action rendered numerous properties nonconforming, with existing commercial buildings and uses located within residential districts. In accordance with Ordinance No. 2008 -05, mentioned above, those properties are subject to abatement. 6. An application was filed by Morrie and Wanda Nero with respect to the subject property located at 105 15th Street, requesting approval of amendments to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use from residential to mixed -use. 05 Planning Commission Resolution No. 1848 Page 2 of 4 7. The subject property is currently located within the Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element category is Two -Unit Residential Land Use (RT). 8. The recommended change of the General Plan designation of 105 15th Street is from Two -Unit Residential (RT) to Mixed -Use Horizontal 4 (MU -1­14). 9. The recommended change of the Zoning District designation of 105 15th Street is Two - Unit Residential (R -2) to Mixed -Use Cannery Village /15 h Street (MU- CV/15th ST). 10. The subject property is located within the coastal zone. The Coastal Land Use Plan category of the subject properties is Two -Unit Residential Land Use designation (RT -D). 11. The recommended change to the Coastal Land Use designation is consistent with the recommended General Plan Amendment for 105 15th Street from Two -Unit Residential (RT -D) to Mixed -Use Horizontal (MU -H) and will not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission. 12. 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 City Council approves the suggested General Plan Amendment: 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. 13. This is the first General Plan Amendment that affects Statistical Area D1 since the General Plan update in 2006. A reduction in the number of dwelling units and the increase in non - residential floor area result in an increase of 3.38 A.M. peak hour trips and an increase 4.54 P.M. peak hour trips based on the commercial and residential housing trip rates reflected in Council Policy A -18. As none of the four thresholds that require a vote pursuant to Charter Section 423 are exceeded, no vote of the electorate is required. 14. A public hearing was held on July 7, 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. 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 under Class 2 (Replacement or Reconstruction). Tmpit: 04/14/10 00 Planning Commission Resolution No. 1848 Page 3 of 4 2. The proposed amendments are exempt since they do not entail any significant alteration to the subject property and are essentially bringing the General Plan Land use Designations, Coastal Land Use Designations and Zoning Districts to be consistent with the existing use of the buildings and property involved. Therefore, this activity is not subject to CEQA. 3. The Planning Commission 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. 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. 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. The amendments of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed code amendment to change the zoning of the subject property from Two -Unit Residential (R -2) to Mixed -Use (MU -H4 and MU -H). 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 MU -CV /151h ST zoning district of the Newport Beach Municipal Code. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends City Council approval of General Plan Amendment No. GP2011 -004, and Coastal Land Use Plan Amendment LC2011 -003, changing the designation from Two -Unit Residential (RT and RT -D) to Mixed -Use Horizontal (MU -H4 AND MU -H); and Code Amendment No. CA2011 -007 changing the zoning designation from Two -Unit Residential (RT) to Tmplt: 04/14/10 07 Planning Commission Resolution No. 1848 Page 4 of 4 Mixed -Use Cannery Village and 15th Street (MU- CV /151h ST), affecting 105 15th Street, Statistical Area D1, legally described as Lot 3, Block 15, Section B, Newport Beach Tract (Attachment Exhibit A). 2. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless 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 relate (directly or indirectly) to City's approval of the Nero Property Amendments (PA2011 -061) including, but not limited to, General Plan Amendment No. GP2011 -004, Coastal Land Use Plan Amendment LC2011 -003, and Code Amendment No. CA2011 -007. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JULY, 2011. AYES: Ameri, Hawkins, Hillgren, Kramer, Myers, Toerge, and Unsworth NOES: None. ABSTAIN: None. ABSENT: None. BY: Charles Unsworth, Chairman BY: Bradley Hillgren, Secretary Tmpll: 04/14/10 02 Excerpt of Planning Commission Minutes, Dated July 7, 2011 (PA2011 -061) • :FD NEWPORT BEACH PLANNING COMMISSION MINUTES 07/07/2011 Community Development Director Brandt spoke regarding the limitations of alterations, ref nced handwritten page 20 of the staff report and suggested Condition No 4 read that "the alters ns to all commercial structures on the property shall not exceed more than 50 percent of any structural exterior wall or roof noting that this condition is .. ited to the exterior as proposed Commissioner` Hawkins recommended that the amendment to Condition No 4 state that "the alterations to all'tommercial structures on the property shall not exceed more than 30 percent of any structural exterior all or roof instead of 50 percent as proposed by Cofnmunity Development Director Brandt. He stated that if his recommendation of a 30 percent limit ,6 the amended Condition No. 4 is not acceptable kthe maker of the motion then he would not support the motion Commissioner Kramer stated`tttat the amendment was accepta Commissioner Toerge expresse his concerns regarding a effectiveness of the estimate on construction costs, asked how or if ft's recommendatio would change if the construction costs were to double, how much support sta has done to co rm the estimated numbers, inquired as to how the construction costs were estim without etasl plans, structural plans and structural calculations, stated that the numbers do no ake rise, that there is a lack of hard evidence and stated that he does not believe that the applica n build with the numbers he has proposed. Assistant Planner Nueno stated that if cons coon sts were to double the only finding it would change is Fact in Support of Finding E3 w ich states at the cost of correcting the nonconforming condition would exceed the cost of the her alterations oposed', mentioned that projected costs were provided by the applicant and r sewed by staff bas n the valuation of projected which can be verified by the permit system an hat the numbers are based on square footage and occupancy. Motion made by Commissione ramer and seconded by Comm'ssKMer Hawkins, and failed (3 — 4) to uphold the decision of the Z ing Administrator and adopt the Resoluti0q for Use Permit No. UP2010- 021 and Modification Pe � No. MD2010 -027. AYES: Hawkins, Hillgren, and Kramer NOES: Amen, Myers, Toerge, and Unsworth ABSENT: None. ABSTAIN: None. Chair U99worth staled that appeal rights will terminate 14 days after today and that the d �sion will stand less it is so appealed. Later in the meeting, at the conclusion of Item No. 4, there was otion ma by Commissioner Toerge and seconded by Commissioner Hawkins, and passed (5 — 2) to pt ttw�resolution for the findings of denial for Item No. 3, Whitacre Residence Appeal - (PA2010 -105). ITEM NO. 4 Nero Property Amendment, 15th Street (PA201 1 -061) '05 15th Street The property owner is seeking to continue the existing non - conforming commercial uses of the subject property by requesting the following amendments 1) General Plan Land Use designation from Two -Unit Residential (RI) to Mixed -Use Horizontal 4 (MU -H4), 2) Coastal Land Use Plan designation from Two -Unit Residentai (RT -D) to Mixed -Use Horizontal (MU -H), and 3) Zoning designation from Twc -Unit Residential (R -2) to the Mixed -Use Cannery Village and 15th Street (MU- CV /15th ST)- No new land use or development is proposed at this time. Senior Planner Javier S. Garcia provided a staff report and utilized a PowerPoint presentation Chair Unsworth called for Ex Parte Communication reports from the Commission. Page 8 of 15 7_2 NEWPORT BEACH PLANNING COMMISSION MINUTES Commissioner Toerge reported that he visited the site. Commissioner Hawkins reported that he visited the site. Chair Unsworth reported that he visited the site. Commissioner Myers reported that he visited the site. Chair Unsworth opened the public hearing. 07/07/2011 Todd Schooler, architect, representing the applicant, submitted documents with pictures and maps to the Commission and stated that he read the staff report and agrees with its conditions. George Schroeder, resident. stated that he supports the applicants' request. Chair Unsworth closed the public hearing. Motion made by Commissioner Toerge and seconded by Commissioner Hawkins, and carried (7— 0) to amend General Plan Land Use designation from Two -Unit Residential (RT) to Mixed -Use Horizontal 4 (MU -1­14), amend Coastal Land Use Plan designation from Two -Unit Residential (RT -D) to Mixed - Use Horizontal (MU -H), and amend Zoning designation from Two -Unit Residential (R -2) to the Mixed -Use Cannery Village and 15th Street (MU -CV /15th ST). AYES Ameri. Hawkins, Hillgren, Kramer. Myers, Toerge, and Unsworth NOES, None. ABSENT None. ABSTAIN None. Chair Unsworth stated that the decision will be final unless appealed within 14 days from today. ITEM NO. 6 Restaurant Conditional Use Permit (PA2011 -062) 111 Palm Street The applica s seeking a conditional use permit to allow an eating and drinki stablishment with late hours, an ou or dining patio, a second floor office area and a Ty '47 (On -Sale General) alcoholic beverage license. Conditional use permit approval is also n ry to reduce the required parking spaces through the approval of a parking manage m program because the subject property does not provide on- site.garking. Assistant Planner Makana Nova presentb" staff repoft and utilized a PowerPoint presentation. In response to questions from the Corn ion, istanl Planner Nova clarified that the written comments received from the public w m opposition the members of the public that she spoke to were in support of the project, t e is no tenant for the c nt application noting that the property owner would like to reestablis a entitlement for the property i der to lease the property out to a potential restaurant, the ditions in the proposed resolution would ly to any new tentant going into the business ever it is subject to an operator's license whi can contain additional conditions set b e Police Department, the operator's license is granted by Police Department not the PI ng Commission, mentioned that the Planning Commission can den a application withou ejudice and that the conditions for the operator's license would not be place fit a new to t submits plans for the property. Page 9 of 15 72 General Plan Consistencv Determination (PA2011 -061) ATTACHMENT No. CC 7 7J GENERAL PLAN LAND USE PLAN CONSISTENCY DETERMINATION: Goal LU3 of the General Plan states as follows: A development pattern that retains and complements the City's residential neighborhoods, commercial and industrial districts, open spaces, and natural environment. GENERAL PLAN POLICY CONSISTENCY ANALYSIS Policy LU 13 - Opportunities for Change states in Proposed amendments are consistent with this policy. part as follows: The subject site was so re- designated with the adoption of the Provide opportunities for improved development General Plan Update. The general purpose was to strengthen and enhanced environments for residents in the the viability of commercial uses around the existing commercial following districts and corridors... Balboa centers at the signalized intersection. The subject property is Peninsula: more efficient patterns of use that located on 151h Street, which has historically and currently consolidate the Peninsula's visitor - serving and developed with commercial and mixed -use structures. The mixed uses within the core commercial districts; amendment will provide continued use of the ground floor for encourage marine - related uses especially along commercial use as currently designed in furtherance of the the boyfront; integrate residential with retail and policy. Approval of the amendment will allow the continuation visitor - serving uses in Lido Marina Village, of the existing mixed use development that would not be subject to abatement and therefore avoid the near term result McFadden Square, Balboa Village, and along portions of the Harbor frontage; re -use interior of creating vacant portion of the building on 151h Street. The parcels in Cannery Village for residential and presence of vacant storefronts has the opposite effect of limited mixed -use and live /work buildings; and revitalization. redevelop underperforming properties outside of the core commercial districts along the Balboa Boulevard corridor for residential. Infill development shall be designed and sited to preserve the historical and architectural fabric of these districts." 75 70 CITY CHARTER SECTION 423 ANALYSIS TABLE (PA2011 -061) ATTACHMENT No. CC 8 77 72 G I Yl .V" 11 l I 141 /�� Wr /1—� //w.a /��prRR � /1 �� ��Y �w /1/�/• wM� O/r r� /�rY �//�w Yr1 w0� � � M� Ni Y /1 AwMg.r+3. 1 Ilm 760 u o� �� r' sl IY /`rl /� /R IwiR.RRw RP YaIfYV My'r� �ak ir+MY� R /O I r4M /e. eu . a\aw m .r 11 l I 141 w PROOF OF PUBLICATION RECEIVED 7011 OCT 13 AM STATE OF CALIFORNIA) CITY C- ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the "Newport Harbor News Press combined with Daily Pilot ", which was adjudged a newspaper of general circulation for the City of Newport Beach, County of Orange, and State of California. Attached to this Affidavit is a true and correct copy that was printed and published on the following date(s): September 17, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on September 26, 2011 at Los Angeles, California Signature 14OF NEWPORT BEACH PUBLIC NOTICE ORDINANCE SUMMARY NOTICE IS HEREBY GIVEN that on Septem- ber 13,-2011, the City Council of the City of Jewport Beach, Califor- Aia, adopted an Ordi- nance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A ZONING CODE AMENDMENT TO CHANGE THE ZONING DESIGNATION OF PROPERTY LOCATED AT 105 15TH STREET (PA2011 -061) The Ordinance will change the Zoning Dis- trict of the subject property from 1-2 (T..-Unit Resident;.) to MU -CV /15th ST of the existing Zoning Map remaining un- changed. The change; however, shall not be- come effective until. Coastal Land Use Plan Amendment No. LC2011 -003 is approved by the California Coastal Commission and in effect. The Ordinance will also change the Land Use Element of the General Plan and Coastal Land Use Plan from Two -Unit Residential (RT and RT -D) to the Mixed -Use Horizontal (MU -H and MU -H4) land use desig. nations. This Ordinance was adopted by the City Council of the City of Newport Beach, Califor- nia, at a regular meet- ing thereof on the 13th day of August, 2011, by the following vote: AYES: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn NOES: None ABSENT:None ABSTAIN: None Ordinance No. 2011 -21 shall become final and effective thirty (30) days after adoption. Dated this 14th day ul September, 2011. Published Newport I Costa Mesa Daily September 17, 2011