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Home My WebLink About2030 - General Plan Update - Correction to the Land Use Element - Newport Coast RESOLUTION NO. 2030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AFFIRMING A CORRECTION TO THE LAND USE ELEMENT OF THE GENERAL PLAN RELATED TO TABLE LU2 (ANOMALY LOCATIONS) AND ANOMALY NO. 60 (PA2006-159) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. The Newport Beach City Council adopted Resolution No. 2006-76 on July 25, 2006, approving a comprehensive update to the Newport Beach General Plan. 2. Pursuant to Charter Section 423 and the Measure S Guidelines, the comprehensive General Plan Update was placed on the ballot (Measure V) and approved by the electorate at the November 7, 2006 General Election. 3. Subsequent City of Newport Beach (City) staff review of the Land Use Element and Newport Coast Local Coastal Program has resulted in the identification of an error related to the allowed square footage specified in Table L2 — Anomaly Locations and specifically Anomaly Number 60 in Newport Coast. 4. The comprehensive update effort that led to the adoption of the 2006 General Plan did not contemplate, study, or include changes to the development capacity in the Newport Coast Planned Community (Newport Coast). Instead, the 2006 General Plan carried forward development intensity allowed by the City's pre-2006 General Plan and the Newport Coast Local Coastal Program. Additionally, no reductions or increases to development allocation identified in the pre-2006 General Plan or Newport Coast Coastal Land Use Plan for the Newport Coast Planned Community were analyzed in the 2006 General Plan Update Final Environmental Impact Report (SCH# 200611119). 5. Furthermore, the Newport Coast Annexation and Development Agreement (Agreement) requires the City to adopt and maintain during the term of the Agreement, general plan and zoning designations for Newport Coast that are essentially identical to the Newport Coast Local Coastal Program, general plan, and zoning designations adopted by the County of Orange (County) and were in effect at the time the Agreement became effective. 6. Section 8 of City Council Resolution No. 2006-76 and City Council Policy K-1 (General Plan — Manner of Adoption and Amendment) direct the Planning Division to correct errors of fact including scribe's errors, calculations and errors of fact, and report the revision to the Planning Commission for affirmation. 7. The Planning Commission considered and discussed the proposed revisions prepared by the Planning Division at its regularly scheduled meeting on May 21, 2015. The Planning Commission Resolution No. 2030 Page 2 of 6 Commission directed staff to further research the issue including consulting with the County to verify development capacity and the existing development since the County is responsible for administration and issuance of development approvals and permits for the properties covered by this correction. 8. City staff consulted with the County, and the County has provided written documentation which states for Newport Coast: 1) the total allowed development capacity, and 2) the total remaining unbuilt intensity; the County's correspondence is attached to this resolution and incorporated herein by reference. 9. Based upon City staffs review of the County's correspondence, there is an error in fact between development capacity in Newport Coast in the 2006 General Plan and the actual development capacity as provided by the County. 10. City staff based upon the authority provided by Section 8 of City Council Resolution No. 2006-76 and City Council Policy K-1, has corrected the error in fact in General Plan Table L2 — Anomaly Locations and specifically Anomaly Number 60 in Newport Coast, and now seeks the affirmation of the Planning Commission. 11. The Planning Commission has reviewed the information provided by the County and the corrections made by City staff and hereby confirms the correction of the error in fact related to Anomaly No. 60 in Table L2 — Anomaly Locations in the General Plan Land Use Element. 12. The Planning Commission considered and discussed the proposed corrections prepared by the Planning Division at its regularly scheduled meeting on October 6, 2016. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. SECTION 3. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby affirms that the corrections made by City staff and identified in Exhibit A, attached hereto and incorporated herein by reference, meets the intent of Section 8 of City Council Resolution No. 2000-76 and in City Council Policy K-1 (General Plan — Manner of Adoption and Amendment). Thus, the Planning Commission affirms City staff's correction of the errors in fact. Planning Commission Resolution No. 2030 _ Page 3 of 6 PASSED, APPROVED, AND ADOPTED THIS 61h DAY OF OCTOBER, 2016. AYES: Dunlap, Hillgren, Kramer, Koetting, Zak, and Weigand NOES: None ABSTAIN: None ABSENT: Lawler BY: K Chtfirm6n I BY: Peter Zak, S cr ary Exhibits: Exhibit A: Table LU2 —Anomaly 60 Correction Exhibit B: Land Use Element Map Depicting Location of Anomaly 60 Exhibit C: County of Orange Letter Dated September 6, 2016 Planning Commission Resolution No. 2030 Page 4 of 6 EXHIBIT "A" Table LU2 -Anomaly 60 Correction Table LU2 Anomaly Locations Anomaly Statistical Land Use Development Development Additional Number Area Designation Limit(so Limit Other Information 2,150 Hotel Rooms (2,960,000 square feetfor hotel rooms and related Newport Coast LCP 60 N CV 3,035,000 commercial uses identified Planning Area 13 In Newport Coast LCP) 75,000 square feet for Day Use Commercial 61 N CV 125,000 Newport Coast LCP Planning Areas 38 and 14 Planning Commission Resolution No. 2030 Page 5 of 6 EXHIBIT "B" Land Use Element Map Depicting Location of Anomaly 60 nt k u x a � S t 4 Y q l { S r } g g > h t? A £ � k LLJ fN � d Anom aly 60 � k E s g P t' f 0 1,500 3,000 S Feet Land Use Anomaly Number 60 o Newport Coast Planning Area 13 h� MI Lx�rament Name:Neun�rt Cast Anumajy n9mN)eL6h bsfe:OBPL%!2076 Planning Commission Resolution No. 2030 Page 6 of 6 EXHIBIT "C" County of Orange Letter Dated September 6, 2016 ( . : PubficWorks Integrity, Accountability, Service, Trust Shane L. Slisby, Director September 6, 2016 Kimberly Brandt, Community Development Director City of Newport Beach 100 Civic Center Drive Newport Beach,CA 92660 Dear Ms. Brandt: As you are aware,the County of Orange(County) has been working with the City of Newport Beach (City) to provide Input related to the 1996 Newport Coast Local Coastal Program,Second Amendment(LCP), which is administered by the County under special legislation adopted by the California Legislature (Public Resources Cade §30519.2). Previously,the City requested a summary of the total development intensity allowed under the LCP. Please refer to the letter to you dated October 5,2015(attached)which included the following table that identified the development intensity for the Planning Areas(PA) 13, 14 and the non-residential portion of 3B of 3,035,000 square feet. As previously detailed,the LCP allocated a total of 2,660,000 square feet for hotel rooms and 75,000 square feet of day use commercial to PA 13. Within PA 14 the allocation included 300,000 square feet for hotel rooms and 25,000 for day use commercial.l The non-residential portion of PA 3B included an additional 100,000 of day use commercial.A 2001 boundary adjustment between PA 3B and 14 combined the day use commercial intensity, and 300,000 square feet was transferred from PA 14 into PA 13.The resulting intensity for PAs 13, 14 and 3B are as follows: Newport Coast LCP,Second Amendment—Development Intensity 2001 Day Use LCP Planning Area Hotel Rooms Commercial Total PA 13 2,150 75,000 $ 3,035,000 (2,960,000) PA 14 --- 125,000 PA 3B(Non-Residential)Crystal Cove Shopping 1100,000 125,000 Center 4 i Day Use Commercial Square Footage is independent of,and in addition to the hotel room square footage consistent with LCP Section I.4.A.1.b. 300 N.Flower Street,Santa Ana,CA 92703 www.ocpublioworks.com P.O.Box 4048,Santa Ana,CA 92702-4048 714.887.8800 1 Inf6@OCPW.ocgov.com Since the October 2015 letter,the City requested verification of the existing floor areas as they relate to the total development limits allowed under the LCP for PA 13, including the Newport Coast Marriott (Marriott)and the Pelican Hill Resort (Pelican Hill). In verifying the existing floor areas for Marriott and Pelican Hill, County staff researched their Automated Permit Processing System (APPS) permit descriptions, maps,and aerial photo records,conducted site surveys, and spoke with hotel staff. The results of their research are summarized by resort and tract in the tables below.The data in the tables represents the floor areas for the principal and accessory uses including accommodations, resort facilities, and the golf course clubhouse,but excludes parking facilities consistent with Section 1-4.A.1.b of the LCP. A detailed breakdown of this square footage is attached for reference. PA 13A, 13B-Newport Coast Marriott Hotel Square Accessory Tract Hotel Rooms Footage Structures Total 15697 134 219,154 64,507 283,661 16165 215 356,500 0 356,600 16164 124 194,713 3,056 197,769 15157 223 308,518 16,654 325,172 Total 696 1,078,885 84,217 1,163,102 PA 13C, 13D, 13E, 13F-Pelican Hill Resort Hotel Square Accessory Tract Hotel Rooms Footage Structures Total 16568 204 172,804 335,849 508,653 16566 152 180,292 20,694 200,986 14131 0 0 50,914 50,914 16567 52 102,648 19,994 122,642 Total 408 455,744 427,451 883,195 As presented in the following table,the existing intensity within PA 13, Including accommodations, resort facilities, accessory uses, and the golf course club house is 2,046,297 square feet and 1,104 hotel rooms. The remaining unbuilt intensity is 988,703 square feet and 1,046 hotel rooms. Summary-Existing and Remaining PA 13 Hotel Rooms Square Footage Marriott 696 1,163,102 Pelican Hill 408 883,195 Day Use Commercial --- 0 Existing Intensity 1,104 2,046,297 LCP Maximum 2,150 3,035,000 Remaining Intensity 1,046 988,703 300 N.Flower Street,Santa Ana.CA 02703 www.00publicworks.00m P.O.Box 4048,Santa Ana,CA 92702-4048 714.867.8800 1 Info@OCPW.ocgov.com If you have any questions, please feel free to contact me at(714) 667-8860 or by e-mail at Colby.Cataldi@ocpw.ocgov.com. Sincerely, 440- Colby Cataldi Deputy Director of OC Public Works/Development Services Attachments: County Development Intensity Letter, 10/5/15 Hotel Room/Floor Area Breakdown 300 N.Flower Street,Santa Ana,CA 92703 www.00publloworks.com P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 1 Info@OCPW.ocgov.com