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Home My WebLink About5.0_Attachment_002 - Draft Resolution for Denial - PA2014-213 Attachment No. PC 2 Draft Resolution for Denial 121 V� QP �� P �� P ,`�O �� 2�� RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING GENERAL PLAN AMENDMENT NO. GP2014-003, CODE AMENDMENT NO. CA2014-008, PLANNED COMMUNITY DEVELOPMENT PLAN NO. PC2014-004, SITE DEVELOPMENT REVIEW NO. SD2014- 006, TENTATIVE TRACT MAP NO. NT2015-003, DEVELOPMENT AGREEMENT NO. DA2014-002, FOR A 45- UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 150 NEWPORT CENTER DRIVE (PA2014-213) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Newport Anacapa Associates, LLC, with respect to property located at 150 Newport Center Drive, and legally described as Parcel 1 of Resubdivision No. 282 being a portion of Block 93 of Irvine's subdivision as per map recorded in Book 1, Page 88 of Miscellaneous Record Maps, records of Orange County, California. 2. The applicant proposes the demolition of an existing 8,500-square-foot car-wash, convenience market, and gas station to accommodate the development of a 6-story 45- unit residential condominium building with three levels of subterranean parking. The applicant requests following approvals from the City of Newport Beach: • General Plan Amendment (GPA) - to change the land use category from CO-R (Regional Commercial Office) to RM (Multi-Unit Residential) and establish an anomaly (Table LU2) designation for 45 dwelling units. • Zoning Code Amendment - to change the Zoning District designation from OR (Office Regional Commercial) to PC (Planned Community District) over the entire site. • Planned Community Development Plan - to establish a planned community development plan (PC) over the entire project site that includes development and design standards for 45 residential condominium units. The request also includes a City Council waiver of the minimum site area of 10 acres. A height limit of 75 feet 6 inches with mechanical appurtenances up to 83 feet 6 inches was discussed in the EIR although a reduced height is also considered. • Site Development Review - to allow the construction of 45 multi-family dwelling units. • Tentative Tract Map -to establish a 45-unit residential condominium tract on a 1.3 acre site. • Development Agreement - review of a proposed development agreement that would provide public benefits should the project be approved. • Environmental Impact Report (EIR) - to address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals, the City has determined that an Initial Study and Environmental Impact 123 Planning Commission Resolution No. #### Page 2 of 4 Report (EIR) are warranted for this project pursuant to the California Environmental Quality Act (CEQA). 3. The subject property is located within the OR (Office Regional Commercial) Zoning District and the General Plan Land Use Element category is CO-R (Regional Commercial Office). 4. The subject property is not located within the coastal zone. 5. A study session was held on June 23, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach to introduce the project to the Planning Commission and review the conclusions of the draft EIR. No action was taken at the study session. 6. A public hearing was held on July 21, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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. The item was continued to the August 18, 2016, Planning Commission Meeting. 7. A public hearing was held on August 18, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. 1. Amendments to the General 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. 3. The future development of the property affected by the proposed amendments will not be consistent with the goals and policies of the Land Use Element of the General Plan. 03-03-2015 124 Planning Commission Resolution No. #### Page 3 of 4 Site Development Review A site development review is required for the construction of five or more residential units processed in conjunction with a tentative tract map. The site development review analyzes the project as a whole for compatibility with the site and surrounding land uses. The Planning Commission may approve a site development review only after making each of the required findings set forth in Section 20.52.080 (Site Development Review). In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the proposed Site Development Review for 23 residential condominium units is not consistent with the legislative intent of Title 20 of the NBMC. The proposed project may prove detrimental to the community. 2. The Planning Commission determined, in this case, that the proposed Site Development Review for 45 residential condominium units is not consistent proposed with the General Plan policies due to the incompatible land use, architectural style, fagade treatments, and height of the proposed project. 3. The design, location, size, and characteristics of the proposed project are not compatible with the residential and commercial uses in the vicinity. The project may result in negative impacts to residents and businesses in the vicinity and would not be compatible with the enjoyment of the nearby residential properties. Tract Map A tentative tract map is requested for residential condominium purposes, to create 23 condominium units. The map would also serve to consolidate six parcels and portions of adjacent vacated alleys into one lot. The Planning Commission may approve a tentative tract map only after making each of the required findings set forth in Section 19.12.070 (Required Findings for Action on Tentative Maps. In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the proposed map for 49 residential condominium units and associated improvements of the subdivision are inconsistent with the General Plan and the legislative intent of Title 19 of the NBMC. The proposed project may prove detrimental to the community. 2. That the site is not physically suitable for the type and density of development. 3. The design, location, size, and characteristics of the proposed subdivision are not compatible with the surrounding development pattern in the vicinity. 03-03-2015 Z�J� Planning Commission Resolution No. #### Page 4 of 4 PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF AUGUST, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Zach, Secretary 03-03-2015 220