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HomeMy WebLinkAbout2006-14 - Approving Code Amendment No. 2004-012 for Property Located at 2101 Dove Street (PA2004-249)ORDINANCE NO. 2006-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. 2004 -012 FOR PROPERTY LOCATED AT 2101 DOVE STREET (PA2004 -249) WHEREAS, an application was filed by Pendragon North America with respect to property located at 2101 Dove Street, and legally described as Lots 20, 21, 22, 40, 41, & 42 of Tract No. 3201, as shown on map recorded in Book 130, pages 25 -30 of Miscellaneous Maps, in the Office of the County Recorder to redevelop a former industrial property into a vehicle service and storage facility. The application requests approval of a General Plan Amendment to change the land use designation of the property from Administrative, Professional & Financial Commercial to Retail & Service Commercial. The application also requests a Code Amendment to rezone the subject property from APF (Administrative Professional, Financial to RSC (Retail and Service Commercial) and a Use Permit to allow the operation of a vehicle service and storage facility. Finally, the application also requires a Traffic Study pursuant to the Traffic Phasing Ordinance (TPO). WHEREAS, on April 6, 2006, the Planning Commission held a noticed public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California at which time the project applications, the Mitigated Negative Declaration and comments received thereon were considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to, and considered by, the Planning Commission at the hearing. With a vote of 4 ayes and one no (2 absent), the Planning Commission recommended approval of the applications to the City Council. WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on May 9, 2006, to consider the proposed recommendations of the Planning Commission. WHEREAS, the project is located in the Campus Drive Area (Statistical Area 1-4) of the Land Use Element and has a land use designation of Administrative, Professional & Financial Commercial (APF) and is zoned APF (Administrative, Professional, Financial). WHEREAS, a General Plan Amendment to change the land use designation of the site from Administrative, Professional & Financial Commercial to Retail & Service Commercial is necessary since vehicle service and vehicle storage uses are only permitted as ancillary uses in the APF designation. The change in land use designation to RSC would allow vehicle repair as a primary use and vehicle storage would then be allowed as an ancillary use at the subject site. The change in land use designation would result in the 4.19 -acre site to be used for retail commercial uses as opposed to being used primarily for office uses. The General Plan Amendment will not increase the potential building area entitlement but simply would allow the property to be improved with uses that are predominantly retail in character which provide goods and services to the general public. Page 2 of 5 WHEREAS, the proposed change of use and proposed vehicle related use will be compatible with the surround land uses which include a mixture of office and retail uses, a carwash /service station, automotive related uses and John Wayne Airport. Additionally, since APF and the RSC land use designations are both part of the City's commercial districts, many of the uses allowed within these two districts are the same. The vehicle service and storage facility, therefore, will be consistent with the proposed Retail & Service Commercial land use designation. WHEREAS, the proposed project results in the redevelopment of an older and underutilized property. With the improvements proposed to be made by the applicant, the value of the property will be increased. The proposed FAR of 0.32 is within the allowable floor area limits and the traffic generated by the proposed project will not exceed the level of service desired by the City as demonstrated by the Traffic Study. WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. As the request is a change in land use designation from APF to RSC with no increase in building floor area, the General Non - Residential Use Category of Commercial is used. This category includes the current land use of APF as well as the proposed designation and assigns the same trip rate for both of these use categories. The trip generation rates are 3 for morning and 4 for evening peak hour per each 1,000 square feet of floor area. Based on these identical rates the proposed land use designation change will result in no additional peak hour trips. In other words, if the site were redeveloped consistent with either land use designation, on average, there would not be a difference in traffic generation. Also, with all previously approved amendments, none of the Charter Section 423 thresholds would be exceeded. Therefore, a vote of the electorate would not be required. WHEREAS, the change in zoning designation from APF to RSC would not cause the property to become nonconforming under the RSC development standards. The proposed project complies with all development standards of the RSC zone including floor area, the 375 -foot height limitation zone, on -site parking, signage, lighting, building bulk and setbacks. WHEREAS, the proposed location of vehicle service and storage facility and the proposed conditions under which it would be operated and maintained will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood. The subject property is surrounded by one and two -story office and commercial buildings, automotive related uses and John Wayne Airport. There is no surrounding residential that would be disturbed or could be impacted by the proposed use. WHEREAS, a Traffic Study has been prepared by RK Engineering Group, Inc. under the supervision of the City Traffic Engineer pursuant to the TPO and its implementing guidelines (Appendix D of the Mitigated Negative Declaration), CEQA Page 3 of 5 analysis for cumulative projects and intersection capacity utilization (ICU), and General Plan analysis. The project will result in a net increase of 1,193 new average daily trips, 113 vehicle trips during morning (AM) peak hour and 102 vehicle trips during the afternoon (PM) peak hour. The study concluded that the proposed project will not cause a significant impact at the study area intersections as all intersections will operate at LOS D or better; therefore, no improvements are required at these intersections. WHEREAS, On April 20, 2006, the Orange County Airport Land Use Commission considered and determined that the proposed project is consistent with the John Wayne Airport Environs Land Use Plan. WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment between February 9 and March 10, 2006. Comments were received from the Orange County Airport Land Use Commission (ALUC), California Cultural Resource Preservation Alliance, Inc. (CCRSA) and Department of Toxic Substances Control (DTSC). During the preparation of the responses, new avoidable significant effects were identified. As a result, three (3) mitigation measures have been drafted to reduce these effects to a less than significant level. These issues were identified related to Cultural Resources, Hazards and Hazardous Materials and Noise. The introduction of three (3) mitigation measures, however, prompted the need to recirculate the MND pursuant to Section 15073.5.b.1 of the California Environmental Quality Act. The MND has been revised to include the additional mitigation measures (CR -1, HM -5 & N -3) and one minor change to an existing mitigation measure (HM -1). The revised document was recirculated for public review between April 12 and May 2, 2006 (20 days). Comments were received from the Orange County Transportation Authority. WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applied to the project and are incorporated as conditions of approval. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: A revision to Zoning Map depicted in Exhibit "A" shall be adopted. SECTION 2: 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. Page 4 of 5 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on May 9, 2006 and adopted on the 23rd day of May 2006, by the following vote, to wit: CuAAy, See:%ch;. 'Rozansky, Ridgeway, AYES, COUNCIL MEMBERS Daigke,. Ni(choP , MayUt Vebb,,,,.? NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None (0'W9 MAYOR h Page 5 of 5 Exhibit "A" PROPOSED CHANGE TO THE ZONING MAP FROM APF TO RSC Zoning Districts - mmn.. hao ..td -paauaawl�n eemmx�ly real IWpaR Vbw J nuviw canmurlry tto � F Subject Site APF to RSC C -11 la m a v I� NEKFOIR PLPCE DF STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2006 -14 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 23 =d day of May 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 241h day of May 2006. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2006 -14 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: May 27, 2006. In witness whereof, I have hereunto subscribed my at,me this 6 rye day f Jfd/d "' - 2006. ( �J 1k - . City Clerk City of Newport Beach, California