HomeMy WebLinkAbout2021-91 - Adopting General Plan Amendment No. GP2020-001 for the Residences at Newport Center Located at 150 Newport Center Drive (PA2020-020)RESOLUTION NO. 2021-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
GENERAL PLAN AMENDMENT NO. GP2020-001 FOR
THE RESIDENCES AT NEWPORT CENTER LOCATED
AT 150 NEWPORT CENTER DRIVE (PA2020-020)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, an application was filed by Newport Center Anacapa Associates,
LLC ("Applicant"), with respect to property located at 150 Newport Center Drive and
legally described in Exhibit "A," which is attached hereto and incorporated herein by
reference ("Property");
WHEREAS, the Project includes the demolition of an existing 2,085 square -foot car
wash, convenience market, and gas station and the construction of a four-story structure
consisting of 28 condominium units and common space amenity areas over a two-level
below -grade parking garage ("Project") which require the following approvals by the City:
• General Plan Amendment No. GP2020-001 — to change the Property's land
use designation from Regional Commercial Office (CO -R) to Multiple
Residential (RM) and create a new Anomaly Location for the Property that
authorizes a maximum development density of 28 dwelling units;
• Zoning Code Amendment No. CA2020-008 — to change the Property's zoning
designation from Office Regional (OR) to Planned Community (PC) District;
• Planned Community Development Plan No. PC2020-001 - to establish land
uses and development standards for the Property including a waiver of the
minimum site area;
• Major Site Development Review No. SD2020-001 — to allow for the
development of a four-story structure containing 28 luxury condominium units
and common space areas over a two-level below -grade parking garage;
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• Tentative Tract Map No. NT2020-001 — to establish a 28 -unit residential
condominium subdivision map on the 1.26 -acre Property that would allow each
unit to be sold individually;
• Development Agreement No. DA2020-001 — to provide the Applicant with the
vested right to develop the Project subject to the rules and regulations in effect
at the time of Project approval and to provide the City with assurance that
certain obligations of the Applicant will be met, including public benefit fees;
• Environmental Impact Report No. ER2021-002 - to disclose reasonably
foreseeable environmental impacts resulting from the legislative and project
specific discretionary approvals, the City has determined that an Initial Study
and Environmental Impact [Report ("EIR") are warranted for the Project pursuant
to California Public Resources Code Section 23000 et seq ("CEQA"), Title 14,
Division 6, Chapter 3 of the California Code of Regulations ("CEQA
Guidelines"), and City Council Policy K-3; and
• Rescind Use Permit No. UP1461 — rescind use permit since the Project will
replace the operation of the existing car wash;
WHEREAS, the Property is designated Regional Commercial Office (CO -R) by
the City of Newport Beach General Plan ("General Plan") Land Use Element and is
located within the Office Regional (OR) Zoning District;
WHEREAS, the Property is not located within the coastal zone;
WHEREAS, a study session was held on May 6, 2021, in the Council Chambers
located at 100 Civic Center Drive, Newport Beach to introduce the project to the
Planning Commission and discuss the procedures for environmental review;
WHEREAS, the Planning Commission held a public hearing on August 19, 2021
in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the hearing was given in accordance with California Government
Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 15.45 (Development
Agreements), 19.12 (Tentative Map Review), 20.56 (Planned Community District
Procedures) and 20.62 (Public Hearings) of the Newport Beach Municipal Code
("NBMC"). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing;
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WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2021-024 by a unanimous vote (7 ayes, 0 nays) recommending the City Council
approve the Project; and
WHEREAS, the City Council held a public hearing on September 28, 2021, 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 -Ralph -M. -
Brown Act") and Chapters 15.45 (Development Agreements), 19.12 (Tentative Map
Review), 20.56 (Planned Community District Procedures) and 20.62 (Public Hearings)
of the NEMC. Evidence, both written and oral, was presented to, and considered by, the
City Council at this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council of the City of Newport Beach hereby amends the
General Plan of the City of Newport Beach to change the Land Use Designation of the
property from Regional Commercial Office (CO -R) to Multiple Residential (RM), as
depicted in Exhibit "B," which is attached hereto and incorporated herein by reference.
Section 3: The City Council of the City of Newport Beach hereby amends the
General Plan of the City of Newport Beach to insert Anomaly Number 82 into Table LU2
(Anomaly Locations) to allow for the development of 28 dwelling units, on the Property,
as depicted in Exhibit "C," which is attached hereto and incorporated herein by
reference.
Section 4: Amendments to the General Plan are a legislative act. Neither Title
20 (Planning and Zoning) of the NBMC, the Charter of the City of Newport Beach, nor
California Government Code Section 65350 et seq. set forth any required findings for
either approval or denial of amendments to the General Plan. Notwithstanding the
foregoing, General Plan Amendment No. GP2020-001 is consistent with the General
Plan based upon the facts set forth below.
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Facts in Support of Finding of Consistency with the General Plan:
1. General Plan Amendment No. GP2020-001 and the resulting land use change
are compatible with the existing surrounding uses and planned land uses
identified by the General Plan, because the Project would introduce additional
residential land uses in Newport Center which includes a diverse mix of land
uses. The conversion from Regional Commercial Office (CO -R) to Multiple
Residential (RM), will be compatible with adjacent commercial properties in terms
of bulk, scale, setbacks, architectural style, and pedestrian connectivity.
Additional residential development would support commercial properties within
Newport Center such as Fashion Island.
2. General Plan Amendment No. GP2020-001 from Regional Commercial Office
(CO -R) to (Multiple Residential) RM does not eliminate existing or future land
uses to the overall detriment of the community given the Property's size, location,
and surrounding uses. Maintaining the Property's Regional Commercial Office
(CO -R) land use designation would require redevelopment or major
improvements to the Property to accommodate other commercial uses.
3. General Plan Amendment No. GP2020-001 and the resulting land use change
are consistent with applicable land use policies of the General Plan. In -keeping
with General Plan Policy LU 6.14 (Newport Center), the Property is located in an
area of Newport Center where multi -family uses are encouraged to produce
opportunities to live close to jobs, commerce, entertainment, and recreation.
Consistent with General Plan Policy LU 3.3 (Opportunities for Change), the
Project would provide opportunities for improved development and enhanced
environments for residences in the Fashion Island/Newport Center area and add
28 condominium units in proximity to jobs, and services. Further, the Project
would not increase the amount of office uses in the area.
4. The size, density and character of the proposed dwelling units complement the
existing land uses in the project area and include design elements consistent
with Land Use Element Policy 5.1.9 (Character and Quality of Multi -Family
Residential) that require multi -family dwellings to be designed to convey a high-
quality architectural character. Consistent with General Plan Policy LU 6.2.1
(Residential Supply), the provision of 28 dwelling units on the Property would
accommodate Newport Beach population needs identified in the General Plan
Housing Element and accommodate market demand for residential uses.
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5. The Property is located in an area of the City that has sufficient utilities systems
to serve the Project.
6. Council Policy A-18 requires that proposed General Plan amendments be
reviewed to determine if a vote of the electorate would be required pursuant to
Section 423 of the City Charter. If a General Plan Amendment (separately or
cumulatively with other GPAs within the previous 10 years) generates more than
100 peak hour trips (a.m. or p.m.), adds 40,000 square feet of non-residential
floor area, or adds more than 100 dwelling units in a statistical area, a vote of the
electorate would be required if the City Council approves the GPA. The Project is
the third General Plan Amendment in Statistical Area L1 within the last 10 years,
including the approved Newport Beach Country Club Clubhouse (PA2008-152)
and Vivante Senior Housing (PA2018-185) projects. General Plan Amendment
No. GP2020-001 results in 28 additional dwelling units and there is no change in
the square footage of non-residential floor area. The 28 additional dwelling units
result in a net increase of 3.3 a.m. peak hour trips and 2.3 p.m. peak hour trips
based on the commercial blended trip rate (for existing uses) and High -Rise
Residential Condominium/Townhouse trip rate for the proposed use, as provided
in Council Policy A-18. Therefore, the Project individually does not exceed
Section 423's thresholds. Furthermore, including 80 percent of prior General Plan
amendments from the last 10 years with the Project (i.e. cumulative analysis),
results in a total increase of 16,800 square feet of nonresidential floor area, 25
a.m. peak hour trips, 44 p.m. peak hour trips, and 100 residential dwelling units
for Statistical Area L1. As none of the thresholds specified by Charter Section
423 are exceeded, no vote of the electorate is required if the City Council
chooses to approve General Plan Amendment No. GP2020-001.
7. Pursuant to California Government Code Section 65352.3 (SB18), a local
government is required to contact the appropriate tribes identified by the Native
American Heritage Commission ("NAHC") each time it considers a proposal to
adopt or amend the General Plan. If requested by any tribe, the local government
must consult for the purpose of preserving or mitigating impacts to cultural
resources. The City received comments from the NAHC on January 5, 2021
indicating that nine tribal contacts should be provided notice regarding the GPA.
The tribal contacts were provided notice via certified mail and email on January
7, 2021. California Government Code Section 65352.3 requires notification 90
days prior to Council action to allow tribal contacts to respond to the request to
consult. As a result of the notice, two Tribes requested consultation including the
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Gabrieleno Band of Mission Indians - Kizh Nation and the Juaneno Band of
Mission Indians, Acjachemen Nation — Belardes.
8. Although the Property does not contain any known archaeological resources,
there is a potential for uncovering archaeological resources (including tribal
cultural resources) during construction. During consultation with the
aforementioned, additional information was provided to the City that resulted in
changes to the draft mitigation measures of the EIR related to Tribal Cultural
Resources. Based on the City's consultation with both Tribal Governments, the
EIR was updated to incorporate mitigation measures that would reduce potential
impacts to less than significant levels. For example, the EIR includes mitigation
measures to require that a qualified archaeological monitor and qualified Native
American Tribal monitor are retained to monitor the Project site during any
ground disturbing construction activities.
Section 5: The City Council of the City of Newport Beach hereby amends the
General Plan of the City of Newport Beach to remove 2,085 square feet from Anomaly
35 in Table LU2 (Anomaly Locations) to reflect the demolition of the existing commercial
structure on the Property.
Section 6: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 7: If any section, subsection, sentence, clause or phrase of this
resolution 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 resolution. The
City Council hereby declares that it would have passed this resolution, 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 8: The Residences at Newport Center Final Environmental Impact
Report (SCH No. 2020110087) was prepared for the project in compliance with CEQA,
the State CEQA Guidelines, and City Council Policy K-3. By Resolution No.
2021-90, the City Council, having final approval authority over the project, adopted
and certified as complete and adequate the Residences at Newport Center Final
Environmental Impact Report (SCH No. 2020110087) and adopted "Mitigation
Monitoring and Reporting Program." Resolution No. 2021-90, including all findings
contained therein, is hereby incorporated by reference.
Resolution No. 2021-91
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Section 9: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 28th day of September, 2021.
ATTEST:
m.ml�qlj IjimICity Clerk
APPROVED AS TO FORM:
CITY TORNEY'S OFFIC
Aa"roA C. Harp
City Attorney
-IV-.V4 ) -
rad ery
MI r
Attachment(s): Exhibit A — Legal Description
Exhibit B — General Plan Amendment
Exhibit C — Proposed Table LU2 — Anomaly Locations
Exhibit "A"
Legal Description
The property is 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.
Exhibit "B"
General Plan Amendment
74
43 N 44
Land Use Change:
Regional Commercial Office (CO -R)
portion of Anomaly 35 to Multiple Unit
Residential WIM) and Anomaly 82
82
t 46 i1 Il 35
45
I&
34
47
36
75
F2020-001(PA2020-020) 1 6, 1 NF
Exhibit "C"
Proposed Table LU2 - Anomaly Locations
Anomaly I StatlsReal I Land Use I Development
35
82 I Ll I RM I 128 Dwelling Units
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; the foregoing resolution, being Resolution
No. 2021-91 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 281h day of September, 2021; and the same was so passed and adopted by
the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 291h day of September, 2021.
r
Leilani I. Brown
City Clerk
Newport Beach, California