HomeMy WebLinkAbout2014-19 - Approving General Plan Amendment No. GP2012-003 and Coastal Land Use Plan Amendment No. LC2012-003 for Land Use Designation Changes and an Increase in the Development Limit for the Newport Harbor Yacht Club Property Located at 720 West Bay AvenuRESOLUTION NO. 2014 -19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING GENERAL PLAN
AMENDMENT NO. GP2012 -003 AND COASTAL LAND USE
PLAN AMENDMENT NO. LC2012 -003 FOR LAND USE
DESIGNATION CHANGES AND AN INCREASE IN THE
DEVELOPMENT LIMIT FOR THE NEWPORT HARBOR YACHT
CLUB PROPERTY LOCATED AT 720 WEST BAY AVENUE
(PA2012 -091)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Newport Harbor Yacht Club, with respect to property located
at 720 West Bay Avenue, 800 West Bay Avenue, 711 -721 West Bay Avenue, and 710-
720 West Balboa Boulevard, and legally described as Lot 169, Block A, East Newport
Tract; Lot 37, Tract 0884; Lots 8 -24, Block 5, East Newport Tract, requesting approval of
General Plan Amendment, Coastal Land Use Plan Amendment, Zoning Code
Amendment, Minor Use Permit, and Planned Development Permit. The following
approvals are required in order to implement the project as proposed:
• A General Plan Amendment to change the land use designations for certain
properties (as shown in the table below) currently being used for boat storage
and parking from Single -Unit Residential (RS -D) and Two -Unit Residential (RT)
to Private Institutions (PI).
• A Coastal Land Use Plan Amendment to change the land use designations for
certain properties (as shown in the table below) currently being used for boat
storage and parking from Single -Unit Residential (RSD -B) and Two -Unit
Residential (RT -E) to Private Institutions (PI -A).
• A Zoning Code Amendment to change the zoning designation for certain
properties (as shown in the table below) currently being used for boat storage
and parking from Single -Unit Residential (R -1) and Two -Unit Residential (R -2)
to Private Institutions (PI).
• A General Plan Amendment and Zoning Code Amendment to increase the
development limit for the project site (Anomaly 67) from 20,000 square feet to
25,000 square feet to accommodate the size of the proposed building.
• A Minor Use Permit to authorize the yacht club assembly use.
• A Planned Development Permit for the design, height, and parking standards
for the proposed construction.
City Council Resolution No. 2014 -19
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Address
800 West Bay Avenue
711, 713, 715, and 717
706 and 708 West
West Bay Avenue
Balboa Boulevard
Assessor
048 - 021 - 16,048- 021 -17,
048 - 021 -08 and
Parcel
047- 272 -12
048- 021 -18, and
048-021-07
Number
048- 021-19
Existing
Single -Unit Residential
Two -Unit Residential
Single -Unit Residential
General Plan
Detached (RS-D)
(RT )
Detached RS -D
Proposed
Private Institutions (Pi)
Private Institutions (PI)
Private Institutions (PI)
General Plan
Existing
Coastal Land
Single Unit Residential
Two Unit Residential
Single Unit Residential
Use Plan
Detached (RSD -B)
(RT -E)
Detached (RSD -B)
Proposed
Coastal Land
Private Institutions (PI -A)
Private Institutions (PI -A)
Private Institutions (PI -A)
Use Plan
Existing
Single -Unit Residential
Two -Unit Residential
Single -Unit Residential
Zonis
R -1
R -2
R -1
Proposed
Private Institutions (PI)
Private Institutions (PI)
Private Institutions (PI)
Zoning
2. The Newport Harbor Yacht Club ("NHYC") has approximately 900 members who are
able to use the building as a base for any number of yachting and water - oriented
activities. The NHYC also provides members with the ability to enjoy a small beach,
dining opportunities, and many club -wide sponsored special events. The NHYC hosts
a number of sailing regattas /races year - round, including several national and
internationally acclaimed events, with associated social activities. In addition,
members are able to schedule private functions with restrictions on dates and
attendance, including dinner parties, birthday and anniversary celebrations, and
weddings. The NHYC hours of operation are Wednesday through Sunday from 9:00
a.m. to 11:00 p.m. Some staff members work Monday through Friday and certain
private events occur on Mondays and Tuesdays. The NHYC has approximately 89
employees with up to 40 on -site working at any given time.
3. The subject properties are located within the Private Institutions (PI), Single -Unit
Residential (R -1), and Two -Unit Residential (R -2) Zoning District and the General Plan
Land Use Element categories are Private Institutions (PI), Single -Unit Residential
Detached (RS -D), and Two -Unit Residential (RT).
4. The subject properties are located within the coastal zone. The Coastal Land Use Plan
categories are Private Institutions (PI -A), Single Unit Residential Detached (RSD -B), and
Two Unit Residential (RT -E). The requested change of the Coastal Land Use Plan
designation for certain properties from RS -B and RT -E to PI -A will not become effective
until the amendment to the Coastal Land Use Plan is approved by the Coastal
Commission.
5. 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
City Council Resolution No. 2014 -19
Paae 3 of 5
thresholds, a vote of the electorate would be required: if the project generates more
than 100 peak hour trips (AM or PM); adds 40,000 square feet of nonresidential floor
area; or adds more than 100 dwelling units in a statistical area. This is the second
General Plan Amendment that affects Statistical Area D2 since the General Plan
update in 2006. The amendment results in no increase in the number of dwelling units
and 5,000 additional square feet of nonresidential floor area. The additional floor area
results in an increase of 1.73 AM peak hour trips and an increase of 0.15 PM peak
hour trips based on the General Plan Public, Semi - Public and Institutional trip rate
reflected in Council Policy A -18. As none of the thresholds specified by Charter
Section 423 are exceeded, no vote of the electorate is required.
6. 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 August 23, 2012. 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 November 21, 2012, and no requests for consultation were
received.
7. A study session was held on December 19, 2013, in the City Hall Council Chambers, 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
8. A public hearing was held on January 23, 2014, in the City Hall Council Chambers, 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting. The Planning Commission adopted Resolution No. 1931
recommending City Council approval of the proposed project
9. A public hearing was held on February 25, 2014, in the City Hall Council Chambers, 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act ( "CEQA ") under Class 2 (Replacement and
Reconstruction).
2. Class 2 exempts the replacement or reconstruction of existing structures and facilities
where the new structure will be located on the same site as the structure replaced and
will have substantially the same purpose and capacity as the structure replaced. The
City Council Resolution No. 2014 -19
Page 4 of 5
existing building would be demolished and a new facility would be constructed with
approximately the same building footprint with a 27 percent increase in floor area. The
existing yacht club use would remain the same, with minimal or no proposed changes
in the use, membership, or operational characteristics.
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.
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. The proposed amendments will provide consistency with the existing and anticipated
use of the subject properties for continued yacht club use including the associated
parking and boat storage.
3. The use 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.
4. The General Plan Amendment to increase the development limit to 25,000 square feet
for Anomaly 67 will allow a more efficient yacht club facility with modern features built
to current code requirements, without increasing noise or traffic in the vicinity. The
operational characteristics should not change as a result of the increased floor area,
including the number of employees, members, and special events.
5. The amended development limit of 25,000 square feet for the entire 2.74 acre project
site is consistent with the maximum 0.30 floor area ratio for the Coastal Land Use Plan
PI -A designation.
6. The City's certified Coastal Land Use Plan, including this amendment shall be
implemented in a manner fully in conformity with the Coastal Act.
SECTION 4. DECISION,
NOW, THEREFORE, BE IT RESOLVED:
The City Council of the City of Newport Beach hereby approves General Plan
Amendment No. GP2012 -003 and Coastal Land Use Plan Amendment No. LC2012 -003,
as shown on Exhibit A, which is attached hereto and incorporated by reference;
City Council Resolution No. 2014 -19
Pacie 5 of 5
2. The General Plan shall be amended to increase the development limit from 20,000
square feet to 25,000 square feet of gross floor area for Anomaly 67;
3. The City Council of the City of Newport Beach hereby authorizes submittal of the Local
Coastal Program Coastal Land Use Plan Amendment to the California Coastal
Commission for review and approval;
4. The Coastal Land Use Plan will be carried out fully in conformity with the California
Coastal Act; and
5. These actions shall take effect automatically upon California Coastal Commission action,
unless the Coastal Commission proposes suggested modifications to the proposed
Coastal Land Use Plan Amendment. In the event that the Coastal Commission approves
the Amendment with suggested modifications, City approval of the modified Amendment
shall require a separate action by the City Council following Coastal Commission
approval. In this case, the Amendment would become effective upon the effective date
of the Coastal Commission certification of the modified Amendment.
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF FEBRUARY, 2014.
ATTEST:
CITY CLERK
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EXHIBIT "A"
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A 047 - 272 -12'
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E 048 - 021 -16
F 048- 021 -07
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GP2012 -003 (PA2012 -091)
µ " General Plan Amendment
Newport Harbor Yacht Club
Document Name: PA2092 -099 Reso Exhibit GP Page 1
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048 - 021 -19
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048 - 021 -18
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048 - 021 -17
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048 - 021 -16
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048 - 021 -07
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048 - 021 -08
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LC2013 -003 (PA2012 -091)
Coastal Land Use Plan Amendment
Newport Harbor Yacht Club
Document Name: PA2092 -091 Reso Exhibit LC
Page 2 `....
150
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2014 -19 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 25th day of February, 2014, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill
Nays: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 26th day of February, 2014.
City Clerk
Newport Beach, California
(Seal)
�RNIA
ORDINANCE NO. 2016-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, MODIFYING THE EFFECTIVE DATES OF CITY
COUNCIL RESOLUTION NO. 2014-19, RESOLUTION NO. 2014-20, AND
ORDINANCE NO. 2014-6 REGARDING A REPLACEMENT CLUBHOUSE
FOR THE NEWPORT HARBOR YACHT CLUB LOCATED AT 720 WEST
BAY AVENUE (PA2012-091)
WHEREAS, an application was filed by Newport Harbor Yacht Club, with respect to
property located at 720 West Bay Avenue, 800 West Bay Avenue, 711-721 West Bay Avenue,
and 710-720 West Balboa Boulevard, and legally described as Lot 169, Block A, East Newport
Tract; Lot 37, Tract 0884; Lots 8-24, Block 5, East Newport Tract requesting approval of a
General Plan Amendment No. GP2012-003, Coastal Land Use Plan Amendment No. LC2012-
003, Zoning Code Amendment No. CA2012-006, Minor Use Permit No. UP2012-016, and
Planned Development Permit No. PL2012-002 for the demolition of an existing yacht
clubhouse facility and construction of a new replacement 23,163 square foot facility (Project);
WHEREAS, on February 25, 2014, the City Council of the City of Newport Beach (City
Council) adopted Resolution No. 2014-19 approving General Plan Amendment No. GP2012-
003 and Coastal Land Use Plan Amendment No. LC2012-003;
WHEREAS, Section 4.5 of Resolution No. 2014-19 stipulates the approval of these
amendments shall take effect upon certification of the Coastal Land Use Plan Amendment
No. LC2012-003;
WHEREAS, on February 25, 2014, the City Council adopted Resolution No. 2014-20
approving Minor Use Permit No. UP2012-016 and Planned Development Permit No. PL2012-
002 for the replacement yacht club facility. Resolution No. 2014-20 also rescinded Variance
No. VA0863, Use Permit No. UP0652, Use Permit No. UP1517, and Use Permit No. UP3645.
Section 4.3 of Resolution No. 2014-20 specifies that these actions shall take effect upon
certification of the Coastal Land Use Plan Amendment No. LC2012-003;
WHEREAS, on March 11, 2014, the City Council adopted Ordinance No. 2014-6
approving Zoning Code Amendment No. CA2012-006;
WHEREAS, Section 4.4 of Ordinance No. 2014-6 specifies that the ordinance shall
take effect upon certification of the Coastal Land Use Plan Amendment No. LC2012-003;
WHEREAS, the City Council found the approval of the Project categorically exempt
pursuant to California Environmental Quality Act (CEQA) Section 15302 (Class 2,
Replacement and Reconstruction) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential to have a significant effect on the
environment. The Class 2 exemption allows for the replacement or reconstruction of existing
structures and facilities where the new structure will be located on the same site as the structure
replaced and will have substantially the same purpose and capacity as the structure replaced.
The existing building would be demolished and a new facility would be constructed with
approximately the same building footprint with a 27 percent increase in floor area. The
existing yacht club use would remain the same, with minimal or no proposed changes in the
use, membership, or operational characteristics;
Ordinance No. 2016-16
Page 2 of 4
WHEREAS, Coastal Land Use Plan Amendment No. LC2012-003 was submitted by
the Community Development Department to the California Coastal Commission (CCC) for
consideration (CCC Application No. LCP-5-NPB-1 4-0611 -1);
WHEREAS, the Newport Harbor Yacht Club filed an application with the CCC for a
Coastal Development Permit (CDP) to authorize the construction of a new clubhouse to
replace the existing clubhouse authorized by the City of Newport Beach (City) by Minor Use
Permit No. UP2012-016 and Planned Development Permit No. PL2012-002 (CDP No. 5-15-
1459);
WHEREAS, it was determined that the proposed new replacement clubhouse did not
require the certification of Coastal Land Use Plan Amendment No. LC2012-003, and on
September 8, 2015, the City withdrew CCC Application No. LCP-5-NPB-14-0611-1. As a
result, Coastal Land Use Plan Amendment No. LC2012-003 was never certified by the CCC;
WHEREAS, on March 10,. 2016, the CCC approved CDP No. 5-15-1459 for the
demolition of the existing clubhouse and the construction of a replacement clubhouse facility
for the Newport Harbor Yacht Club. The CDP also included temporary clubhouse facilities for
use during construction;
WHEREAS, the Project requires the approval of General Plan Amendment
No. GP2012-003, Zoning Code Amendment No. CA2014-006, Minor Use Permit No.
UP2012-016 and Planned Development Permit No. PL2012-002 including the rescinding of
Variance No. VA0863, Use Permit No. LIP0652, Use Permit No. UP1517, and Use Permit
No. UP3645 authorized by Resolution No. 2014-19, Resolution No. 2014-20, and Ordinance
No. 2014-6; and
WHEREAS, the City Council desires to make Resolution No. 2014-19, Resolution
No. 2014-20 and Ordinance No. 2014-6 effective without the certification of Coastal Land Use
Plan Amendment No. LC2012-003 (CCC Application No. LCP-5-NPB-1 4-0611 -1).
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Section 1: Subpart 5, in Section 4 (DECISION) of Resolution No. 2014-19 is hereby
amended to read:
"These actions shall become final and effective upon the effective date of Ordinance
No. 2016-16."
Section 2: Subpart 3, in Section 4 (DECISION) of Resolution No. 2014-20 is hereby
amended to read:
"These actions shall become final and effective upon the effective date of Ordinance
No. 2016-16."
Ordinance No. 2016-16
Page 3 of 4
Section 3: Subpart 4, in Section 4 (DECISION) of Ordinance No. 2014-6 is hereby
amended to read:
"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 final and effective upon the effective date of Ordinance No. 2016-16."
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance. Except as expressly modified
herein, all other parts of Resolution No. 2014-19, Resolution No. 2014-20, and Ordinance
No. 2014-6 shall remain unchanged and in effect.
Section 5: 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,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 6: The City Council finds the introduction and adoption of this ordinance
exempt pursuant to CEQA Section 15302 (Class 2, Replacement and Reconstruction) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment. The Class 2 exemption allows for the
replacement or reconstruction of existing structures and facilities where the new structure will be
located on the same site as the structure replaced and will have substantially the same purpose
and capacity as the structure replaced. The existing building would be demolished and a new
facility would be constructed with approximately the same building footprint with a 27 percent
increase in floor area. The existing yacht club use would remain the same, with minimal or
no proposed changes in the use, membership, or operational characteristics.
Additionally, the City Council finds this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
for resulting in physical change to the environment, directly or indirectly.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published
pursuant to City Charter Section 414.
III
Ordinance No. 2016-16
Page 4 of 4
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 25th day of October, 2016, and adopted at a special meeting of
the City Council of the City of Newport Beach held on the 7th day of November, 2016, by the
following vote, to -wit:
AYES: Council Member Peotter, Council Member Selich Council Member
Curry, Mayor Pro Tem Muldoon
NAYS:
RECUSED: Council Member Duffield, Mayor Dixon
ABSENT: Council Member Petros �—
'k
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2016-16 was duly and regularly introduced on the 25th day of October, 2016, and adopted by the City
Council at a special meeting duly held on the 7'h day of November, 2016, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Selich, Council Member Curry,
Mayor Pro Tem Muldoon
NAYS: None
RECUSED: Council Member Duffield, Mayor Dixon
ABSENT: Council Member Petros
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 81h day of November, 2016.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2016-16 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 newspaper of general circulation
on the following dates:
2016.
Introduced Ordinance: October 29, 2016
Adopted Ordinance: November 12, 2016
In witness whereof, I have hereunto subscribed my name this day of
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
(Seal)