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Home My WebLink About2024- STE 102 AND 103, CUP AND OPERATOR LICENSE FOR LIDO BOTTLE WORKS, A FOOD SERVICE EATING AND DRINKING ESTABLISHMENT WITH TYPE 41 AND TYPE 20 ABC LICENSE AND LATE HOURS OF OPERATION - 150 Newport Center Drive RESOLUTION NO. 2024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING WITHOUT PREJUDICE 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 35-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 Parcel Map No. 29-34 (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 5-story, 35- 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 35 dwelling units. • Zoning Code Amendment - to change the Zoning District designation from OR (Office Regional Commercial) to PC-56 (North Newport Center Planned Community District) over the entire site. • Planned Community Development Plan - to amend the PC-56 (North Newport Center Planned Community) to incorporate the project as a portion of the Block 100 sub-area and approve 35 residential condominium units with a maximum height of 50 feet for the subject property. • Site Development Review - to allow the construction of 35 multi-family dwelling units. • Tentative Tract Map - to establish a 35-unit residential condominium tract on a 1.3 acre site. • Development Agreement - to establish 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 Planning Commission Resolution No. 2024 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. The item was re-noticed for the September 1, 2016, Planning Commission Meeting. 8. A public hearing was held on September 1, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing 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 public hearing. 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 03-03-2015 Planning Commission Resolution No. 2024 Page 3 of 4 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. 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 35 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 35 residential condominium units is not consistent with the General Plan policies due to the incompatible land use, architectural style, fagade treatments, and height of the proposed project. 3. The design, height, 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 35 condominium units. 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 35 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. 03-03-2015 Planning Commission Resolution No. 2024 Pa e4of4 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission hereby recommends the City Council of the City of Newport Beach deny without prejudice General Plan Amendment No. GP2014-003, Code Amendment No. CA2014-008, Planned Community Development Plan No. PC-2014- 004, Site Development Review No. SD2014-006, Tentative Tract Map No. NT2015- 003, and Development Agreement No. DA2014-002 for a 35-unit multi-family residential development located at 150 Newport Center. PASSED, APPROVED, AND ADOPTED THIS 1ST DAY OF SEPTEMBER, 2016. AYES: Dunlap, Hillgren, Koetting, Kramer, and Weigand NOES: Lawler and Zak ABSTAIN: None ABSENT: None BY: X� Z :;� ory e Chai a,r/nn BY: 1��y Peter Zak, Secr a 03-03-2015