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HomeMy WebLinkAbout13 - PA2003-213 - 3450 Via Oporto - General Plan & Local Coastal Program Land Use Designation AmendmentsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 November 25, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208 rung@city.newport-beach.ca.us SUBJECT: 3450 Via Oporto (PA2003 -213) General Plan Amendment No. 2003 -010 Local Coastal Program Amendment No. 2003 -004, and Code Amendment No. 2003 -008 Request to amend the General Plan and Local Coastal Program land use designations from Governmental, Educational, and Institutional Facilities to Retail & Service Commercial and to change the zoning district classification from GEIF to RSC. INITIATED BY: City of Newport Beach ISSUE: Should the City Council approve an amendment to the General Plan and Local Coastal Program land use designations from Governmental, Educational, and Institutional Facilities to Retail & Service Commercial and to change the zoning d istrict classification from G EIF to RSC for a property located at 3450 Via Oporto? RECOMMENDATION: Staff recommends that the City Council hold a public hearing and approve the request by adopting Resolution No. 2003- and by introducing Ordinance No. 2003 -_, and pass the ordinance to second reading on December 9, 2003. DISCUSSION: The subject property is located on the northerly side of Via Oporto, east of Central Avenue. Surrounding land uses include commercial developments to the east and south, the Elks Lodge to the west, and Newport Bay to the north. The proposed amendment is to correct a mapping error. The Land Use Element map designates the property as Governmental, Educational, and Institutional Facilities. However, the property is currently developed with a commercial use (a restaurant, currently vacant). 3450 Via Oporto November 25, 2003 Page 2 The property has always had an industrial or commercial zoning classification and was designated as commercial under the 1957 Master Plan and the 1973 Land Use Plan. Prior to the 1988 Land Use Element Update when the base map was being prepared, the Elks Lodge facility and City municipal parking lot were shaded as GEIF. The subject property was inadvertently shaded as it was mistaken for the Elks Lodge property. The site was developed with the existing restaurant building at that time and its designation as GEIF was not appropriate. The most appropriate designation for a restaurant is Retail and Service Commercial. The error has been carried over onto subsequent maps including the Local Coastal Plan (LCP) Land Use Plan. A General Plan amendment, LCP amendment, and zoning reclassification to Retail and Service Commercial are needed to correct the error. To correct the mapping error, the City Council on October 14, 2003, initiated the amendment to the General Plan land use designation of the subject property from Governmental, Educational, and Institutional Facilities to Retail & Service Commercial. On November 6, 2003, the Planning Commission voted unanimously to recommend the City Council approve an amendment to the General Plan and Local Coastal Program land use designations from Governmental, Educational, and Institutional Facilities to Retail & Service Commercial and to change the zoning district classification from GEIF to RSC. The attached Planning Commission Staff Report (Attachment E) includes a discussion of the proposed request. Should the City Council wish to accept the Planning Commission's recommendation to approve the proposed zone change and amendments, the Council should adopt the attached Draft Resolution (Attachment A) and introduce the included Draft Ordinance (Attachment B). Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 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: •— . .o ap Submitted by: .(l 4 a Patricia L. Temple Planning Director 3450 Via Oporto November 25, 2003 Page 3 Attachments: A. Draft City Council Resolution B. Draft City Council Ordinance C. Planning Commission Resolution No. 1618 D. Excerpt of the draft minutes from the November 6, 2003, Planning Commission meeting E. Planning Commission Staff Report F. General Plan Land Use Map RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2003 -010 AND LOCAL COASTAL PLAN AMENDMENT NO. 2003 -004, FOR PROPERTY LOCATED AT 3450 VIA OPORTO (PA2003 -213) Section 1. An application was initiated by the City of Newport Beach to amend the General Plan and Local Coastal Program land use designations from Governmental, Educational, and Institutional Facilities to Retail & Service Commercial for a property located at 3450 Via Oporto. Section 2. A public hearing was held by the Planning Commission on November 6, 2003, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission. At the conclusion of said hearing, the Planning Commission adopted Resolution No. 1618, recommends that the City Council approve General Plan Amendment No. 2003 -010 and Local Coastal Plan Amendment No. 2003 -004. Section 3. A public hearing was held by the City Council on November 25, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the City Council. Section 4. The City Council finds as follows: 1. The subject property was designated for commercial uses with the 1953 Master Plan and 1973 General Plan. During the adoption of the 1988 Land Use Element map, the subject property was designated Governmental, Educational, and Institutional Facilities in error. 2. The property was developed with commercial use (a restaurant) when it was designated Governmental, Educational, and Institutional Facilities. The change from commercial designation to Governmental, Educational, and Institutional Facilities was an inadvertent mapping error. The City had no intention to change the designation to GEIF when the site was developed for commercial uses. The most appropriate designation for the subject property is Retail & Service Commercial to accommodate the continued commercial use of the property. 3. The Local Coastal Plan Amendment will not become effective until approval of the Amendment by the Coastal Commission. City Council Resolution No._ Page 2 of 2 unless the Coastal Commission proposes suggested modifications. In the event that the Coastal Commission proposes revisions, this Land Use Plan amendment shall not take effect until the City Council adopts the Commission modifications and all the requirements of Section 13544 of the California Code of Regulations are met. 5. The proposed amendments have been determined to be Categorically Exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act (CEQA). Section 5. Based on the aforementioned findings, the City Council hereby approves General Plan Amendment No. 2003 -010 and Local Coastal Plan Amendment No. 2003 -004 as depicted in Attachment "1 ". This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 25th day of November, 2003 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK ou rl) Ul O u n z 0 O O ti -..-UNT Bt VD pppppp� -n m 0) CD 9 CD ca 0 CD 00 6 0) c 0 0. :) 0 CD 1 0) 00) 0 0 CD 0 CD 0 0 0 U) 0 0 CD 0 CD CD a CD U) a -000 m 0) — 0 CD " I CD 0) 'D 'D 0 o CD 900 90 (n 0 e CD q CD a a 0 0 CL CD CD = 0 CD go CD -n CD -n C) CD 'a CD CD o U) :03 CD 0 0 CD 4o n CD m -n m 0) CD 9 CD ca 0 CD 00 6 0) c 0 0. :) 0 CD 1 0) 00) 0 0 CD 0 CD 0 0 0 U) 0 0 CD 0 CD CD a CD U) a -000 m 0) — 0 CD " I CD 0) 'D 'D 0 o CD 1 I Z 90 a m 0) M:3 a c Z , 10' 00 6 0) c U) mom ORDINANCE NO. 2003_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. 2003 -008 CHANGING THE ZONING DESIGNATION OF PROPERTY IDENTIFIED AS 3450 VIA OPORTO FROM GOVERNMENTAL, EDUCATIONAL, AND INSTITUTIONAL FACILITIES TO RETAIL AND SERVICE COMMERCIAL (PA2003 -213) Section 1. An application was initiated by the City of Newport Beach on October 14, 2003, proposing to change the zoning district designation from Governmental, Educational, and Institutional Facilities to Retail & Service Commercial. Section 2. A public hearing was held by the Planning Commission on November 6, 2003, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. At the conclusion of this meeting, the Planning Commission adopted Resolution No. 1618, recommending that the City Council approve the proposed amendment to the zoning district map. Section 3. The City Council held a public hearing on November 25, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the City Council at this meeting. Section 4. The subject property was designated for commercial uses with the 1953 Master Plan and 1973 General Plan. During the adoption of the 1988 Land Use Element map, the subject property was designated Governmental, Educational, and Institutional Facilities in error. The proposed amendment will be consistent with the General Plan and Local Coastal Plan land use designation of Retail & Service Commercial. Section 5. The proposed request has been determined to be Categorically Exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act (CEQA). Section 6: The City Council of the City of Newport Beach does hereby approve Code Amendment No. 2003 -008 as depicted in Attachment " 1 ". Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. Ordinance No. 2003 - Page 2 of 2 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2003, and adopted on the _ day of 2003, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Pui:4Ze77 ATTEST: CITY CLERK h --=� fl c ' N CNANNfL e 3 SIP l Attachment No. 1 w Ordinance No. sr -s t �o wES r \ �s 0 o \ \A c Y O � 4 Portion of Districting Map No. 4 RESOLUTION NO. 1618 DRAB A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2003 -010, LOCAL COASTAL PLAN AMENDMENT NO. 2003 -004, AND CODE AMENDMENT NO. 2003 -008 (PA2003 -213), FOR PROPERTY IDENTIFIED AS 3450 VIA OPORTO, ASSESSOR PARCEL NO. 423-123-03 THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The property located at 3450 Via Oporto was designated Governmental, Educational, and Institutional Facilities with the adoption of the 1988 Land Use Element Map. This designation was also applied to the lot with the adoption of the Local Coastal Program Land Use Plan, which was certified by the Coastal Commission in 1990. Amendments to the General Plan and Local Coastal Plan land use designations from Governmental, Educational, and Institutional Facilities to Retail & Service Commercial and a zone change from GEIF to RSC are proposed. Section 2. On September 18, 2003, the Planning Commission recommended the initiation of a General Plan amendment to change the land use designation of property located at 3450 Via Oporto from Governmental, Educational, and Institutional Facilities to Retail and Service Commercial (GPI 2003 -007) to the City Council, and initiated an amended to Title 20 of the Newport Beach Municipal Code to change the zoning classification from GEIF District to the RSC District. Section 3. October 14, 2003, the City Council initiated General Plan amendment to change the land use designation of property located at 3450 Via Oporto from Governmental, Educational, and Institutional Facilities to Retail and Service Commercial (GPI 2003 -007), and initiated an amended to Title 20 of the Newport Beach Municipal Code to change the zoning classification from GEIF District to the RSC District. Section 4. A public hearing was held on November 6, 2003, in the City Hall Council Chamber, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. 13 City of Newport Beach Planning Commission Resolution No. _ . Page 2 of 2 Section S. The Planning Commission finds as follows: 1. The subject property was designated for commercial uses with the 1953 Master Plan and 1973 General Plan. During the adoption of the 1988 Land Use Element map, the subject property was designated GEIF in error. 2. The property was developed with commercial use (a restaurant) when it was designated Governmental, Educational, and Institutional Facilities. The change from commercial designation to Governmental, Educational, and Institutional Facilities was an inadvertent mapping error. The City has no intention to change the designation to GEIF when the site was developed for commercial uses. The most appropriate designation for the subject property is Retail & Service Commercial to accommodate the continued commercial use of the property. 3. The proposed RSC zoning designation will be consistent with the proposed General Plan and Local Coastal Plan land use designation of Retail Service Commercial and will allow the subject property to be developed with proper commercial related uses. 4. The Local Coastal Plan Amendment will not become effective until approval of the Amendment by the Coastal Commission. 5. The proposed amendments have been determined to be Categorically Exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act (CEQA). Section 6. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2003 -010, Local Coastal Plan Amendment No. 2003 -004, and Code Amendment No. 2003 -008 (PA- 2003 -213). PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF NOVEMBER 2003. AYES: Eaton, Cole, Toerge, McDaniel Selich, Kiser and Tucker NOES: None 11:371 Earl McDaniel, Chairman BY: Michael Toerge, Secretary Planning Commission Minutes 11/06/2003 ,k.=11Cldl r1d11 d11U LULidl I..UdbLdl rlUl�l dill LU 1:11CIIL�C LIIC II ILCIIJIIy IIIIIIL IUI '707 East- k�plboa Boulevard from a floor area ratio to one based on the 'number of seats and a Code Amendment to Title 20 of the Municipal, Code to add a specific, eight limitation for landmark buildings. Continue to November 20, 2003,., 'Motion was made by Commissioner TuckBr, nd voted on, to approve �! the Consent Calendar by the following vote_ _ Ayes:: Eaton, Cole, Toerge, McDaniel, Kiser lic�and Tucker Noes: None Absent:! None Abstain:. None \' HEARING ITEMS SUBJECT: 3450 Via Oporto (PA2003 -213) Initiated by the City of Newport Beach Amend the General Plan and Local Coastal Program land use designations from Governmental, Educational, and Institutional Facilities .to Retail and Service Commercial and to change the zoning district classification from Governmental, Educational, and Institutional Facilities ,(GEIF) to Retail Service Commercial (RSC). Commissioner Toerge noted the following in the resolution: • Section 5 - the first sentence should include a reference to 1988 and the inadvertent designation so that it appears as mistake. • Wording changes were made to clarify the intent of the resolution. Commissioner Cole asked if this location was ever considered for an expansion opportunity by the Elks Lodge. He was answered, no. Public comment was opened. 'Public comment was closed. Motion was made by Commissioner Kiser to recommend approval of General Plan Amendment No. 2003 -010, Local Coastal Program Amendment NO. 2003 -004, and Code Amendment No. 2003 -008 to the' City Council. Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Tucker None None None Page 2 ITEM NO.3 PA2003 -213 Recommended for Approval CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 November 6, 2003 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208 rung @city.newport- beach.ca.us SUBJECT: 3450 Via Oporto (PA2003 -213) General Plan Amendment No. 2003 -010 Local Coastal Program Amendment No. 2003 -004, and Code Amendment No. 2003 -008 INITIATED BY: City of Newport Beach ISSUE: Should the Planning Commission recommend the City Council approve an amendment to the General Plan and Local Coastal Program land use designations from Governmental, Educational, and Institutional Facilities to Retail & Service Commercial and to change the zoning district classification from GEIF to RSC for a property located at 3450 Via Oporto? RECOMMENDATION: Staff recommends that the Planning Commission take the following action 1. Recommend approval of the request to the City Council by adopting the attached draft resolution. 54 55 SI 58 62 61 61 64 66 67 60 GPA2003-010 & CA2003-008 November 6, 2003 Page 2 VICINITY MAP 3700 Closed restaurant formerly occupied by the Newport Fish Co. R I 6Z 3 626 West Lido Channel of Newport Bay To the -east- 619 To the south: Commercial Developments 617 The Elks Lodge 615 11 624 60: 614 620 i 607 e 617 618 607 601 J 1 C, K .1 0.15 pJ 616 610 614 i 9 519 606 612 517 604 610 600 602 606 SIS 605 516 514 603 604 512 601 602 510 519 WO ri 517 515 A 511 514 507 516 522 i Ga 516 514 X501 507 512 N Oti 0. A 3456 3700 3456 3450 40 3440 'y t: 34" 3446 ,7676 .`.+ 718 3444 3497 3442 3491 3446 % 7493 3501 34" 3475 3600 3461 3432 3489 3434 41 3477 3497 421 0 3424 3SO5 33431 439 3444 3442 342: xO 34303426 % 3420 3424 3419 3404 3424 3420 3410 3416 3412 3406 3406 3400 3400 ',Do 3405. 3416 3404 MI 301...^.'..... 3421 33" M7 3475 3415 3441 3417 3473 3423 3425 Via Ooorto General Plan Amendment No. 2003-010, Local Coastal Plan Amendment No. 2003-004, & Code Amendment No. 2003-008 Sr Current Development: Closed restaurant formerly occupied by the Newport Fish Co. To the north: West Lido Channel of Newport Bay To the -east- --Commercial Developments To the south: Commercial Developments To the west: The Elks Lodge H GPA2003 -010 & CA2003 -008 November 6, 2003 Page 3 DISCUSSION: Background: During the adoption of the 1988 Land Use Element map, the subject property was designated GEIF in error. The property has always had an industrial or commercial zoning classification and was designated as commercial under the 1957 Master Plan and the 1973 Land Use Plan. The property is currently developed with a commercial use (restaurant), which has been vacant for over a year. Site Overview The subject property is located on the northerly side of Via Oporto, east of Central Avenue. Surrounding land uses include commercial developments to the east and south, the Elks Lodge to the west, and the Turning Basin (West Lido Channel) to the north. Analysis: General Plan and Local Coastal Program Amendments The proposed amendments are to correct what staff believes to be a mapping error. The Land Use Map designates the property as Governmental, Educational, and Institutional Facilities. When the base map was being prepared prior to the 1988 Land Use Element Update, staff shaded the map of the adjacent Elks Lodge facility and City municipal parking lot as GEIF. However, the subject lot was also shaded inadvertently as it was mistaken for the Elks Lodge property. The site was developed with the existing restaurant building at that time and its designation as GEIF was not appropriate. The most appropriate designation for a restaurant is Retail and Service Commercial. The error has been carried over onto subsequent maps including the Local Coastal Plan (LCP) Land Use Plan. A General Plan amendment, LCP amendment, and zoning reclassification to Retail and Service Commercial are needed to correct the error. Zoning Code Amendment In addition to the General Plan and Local Coastal Program amendments, a Code Amendment to change the zoning designation of the subject property from Governmental, Educational, and Institutional Facilities (GEIF) to Retail & Service Commercial (RSC) is also needed. The proposed RSC zoning designation is consistent with the proposed General Plan and LCP Retail Service Commercial land use designation and will allow the subject property to be developed and used for its intended use within the most appropriate zoning classification. GPA2003 -010 & CA2003 -008 November 6, 2003 Page 4 Measure S Analysis (Greenlight) The proposed Amendment does not change the intensity of Land Use. The site is not presently subjected to a floor area ratio limit and with approval of the amendment, the 0.5 FAR limit of the General Plan Land Use Element will apply to the site. Environmental Review: This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the Calffomia Environmental Quality Act under Class 1 (Existing Facilities). Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 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. C.-n--fusion: The proposed amendment and zone change are appropriate for the subject property to Gorier.: the mapping error. Staff iias inciuded a draft Planning Commission Resolution as Attachment A. Prepared by: salinh Ung, AssoS ite Planner T Attachments: A. Resolution No. _ B. Land Use Map Submitted by: Patricia L. Temple, Planning Director 4 CO 0 qt coo m co coo 000 cli cli cli E otS 2 0 4) m E .2 -E E C cL m 4) 0 C J. 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