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Home My WebLink About1848 - RECOMMEND APPROVAL OF AMENDMENTS TO THE LAND USE ELEMENT OF THE GP, CLUP AND ZONING CODE _105 15TH STREETRESOLUTION NO. 1848 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN, COASTAL LAND USE PLAN AND THE ZONING CODE TO CHANGE THE LAND USE DESIGNATION FROM TWO -UNIT RESIDENTIAL TO MIXED -USE HORIZONTAL (MU -H4 AND MU -H); AND TO MIXED -USE CANNERY VILLAGE AND 15TH STREET ZONING DISTRICT (MU- CV/15TH ST), FOR PROPERTY LOCATED AT 105 15TH STREET (PA2011 -061) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On June 7, 1990, the Planning Commission approved Use Permit No. 3383 that authorized the construction of a mixed -use building located at that time in the C -1 Zoning District, for the property located at 105 15th Street. 2. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76 approving a comprehensive update to the Newport Beach General Plan ( "General Plan Update "). 3. On November 13, 2007, the City Council adopted Resolution No. 2007 -71, approving Coastal Land Use Plan Amendment No. LC2007 -001 making the Coastal Land Use Plan consistent with the General Plan Update. 4. On January 28, 2008, the City Council adopted a new ordinance (Ordinance No. 2008- 05) that established the maximum time period for the abatement and termination of nonconforming uses in residential districts. However, determinations of nonconformity could not be made until the finalization of the City's Local Coastal Plan (LCP), which occurred on July 14, 2009. 5. On October 25, 2010, the City Council Adopted a Comprehensive Update to the Zoning Code (Title 20) bringing consistency between the Zoning Code and the Land Use Element of the General Plan. The result of that action rendered numerous properties nonconforming, with existing commercial buildings and uses located within residential districts. In accordance with Ordinance No. 2008 -05, mentioned above, those properties are subject to abatement. 6. An application was filed by Morrie and Wanda Nero with respect to the subject property located at 105 15th Street, requesting approval of amendments to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use from residential to mixed -use. Planning Commission Resolution No. 1848 Page 2 of 4 7. The subject property is currently located within the Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element category is Two -Unit Residential Land Use (RT). 8. The recommended change of the General Plan designation of 105 15th Street is from Two -Unit Residential (RT) to Mixed -Use Horizontal 4 (MU -114). 9. The recommended change of the Zoning District designation of 105 15th Street is Two- Unit Residential (R -2) to Mixed -Use Cannery Village /15 h Street (MU -CV /15th ST). 10. The subject property is located within the coastal zone. The Coastal Land Use Plan category of the subject properties is Two -Unit Residential Land Use designation (RT -D). 11. The recommended change to the Coastal Land Use designation is consistent with the recommended General Plan Amendment for 105 15th Street from Two -Unit Residential (RT -D) to Mixed -Use Horizontal (MU -H) and will not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission. 12. 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 thresholds, a vote of the electorate would be required if the City Council approves the suggested General Plan Amendment: the project generates more than 100 peak hour trips (AM or PM), adds 40,000 square feet of non - residential floor area, or adds more than 100 dwelling units in a statistical area. 13. This is the first General Plan Amendment that affects Statistical Area D1 since the General Plan update in 2006. A reduction in the number of dwelling units and the increase in non - residential floor area result in an increase of 3.38 A.M. peak hour trips and an increase 4.54 P.M. peak hour trips based on the commercial and residential housing trip rates reflected in Council Policy A -18. As none of the four thresholds that require a vote pursuant to Charter Section 423 are exceeded, no vote of the electorate is required. 14. A public hearing was held on July 7, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 2 (Replacement or Reconstruction). Tmpll: 04/14/10 Planning Commission Resolution No. 1848 Page 3 of 4 2. The proposed amendments are exempt since they do not entail any significant alteration to the subject property and are essentially bringing the General Plan Land use Designations, Coastal Land Use Designations and Zoning Districts to be consistent with the existing use of the buildings and property involved. Therefore, this activity is not subject to CEQA. 3. The Planning Commission 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. 1. 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. 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 amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. 3. The amendments of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed code amendment to change the zoning of the subject property from Two -Unit Residential (R -2) to Mixed -Use (MU -H4 and MU -H). 4. The existing building and uses, 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; and will be consistent with the purpose and intent of the MU -CV /15th ST zoning district of the Newport Beach Municipal Code. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of General Plan Amendment No. GP2011 -004, and Coastal Land Use Plan Amendment LC2011 -003, changing the designation from Two -Unit Residential (RT and RT -D) to Mixed -Use Horizontal (MU -H4 AND MU -H); and Code Amendment No. CA2011 -007 changing the zoning designation from Two -Unit Residential (RT) to Tmpll: 04114/10 Planning Commission Resolution No. 1848 Page 4 of 4 Mixed -Use Cannery Village and 15'' Street (MU- CV /151h ST), affecting 105 15"' Street, Statistical Area D1, legally described as Lot 3, Block 15, Section B, Newport Beach Tract (Attachment Exhibit A). 2. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Nero Property Amendments (PA2011 -061) including, but not limited to, General Plan Amendment No. GP2011 -004, Coastal Land Use Plan Amendment LC2011 -003, and Code Amendment No. CA2011 -007. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attomeys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JULY, 2011. AYES: Ameri, Hawkins, Hillgren, Kramer, Myers, Toerge, and Unsworth NOES: None. ABSTAIN: None. ABSENT: None. BY: QU L _ Charles Un rth -Chairman BY: Qta I illgr n, Secretary Tmplt: 04/14110 Exhibit A- 10515 Ih Street (PA2011 -061) G P2011 -004 CA2011 -007 LC2011 -003 PAR- RNA Existing Land Use: Two -Unit Residential (RT) Proposed Land Use: Mixed -Use Horizontal 4 (MU -H4) ��ll�lllliri lllluiiiiii, Ill = +11111/111/alllllllll ��uuli�u�� nutsuiit 0 250 rlll1111111111111;��111 IIII/llli! � ��ll /� 111111111 � X111111111 °� 1• GP 2011-004 - 0. General Plan Amendment N 105 15th Street i PC6 t r U C CA2011- 007.mxd June/2011 :z 4_ R V F i `L 10 CA2011 -007 (PA2011 -061) Zoning Code Amendment 105 15th Street R-1 ►0 -,qqqI 0 250 500 Feet e v '��y. 111111- �11�1111 �i��,� 111111111111111 �� w 111111 illlt�t„ LC2011- 003.mxd June/2011 G Il'uj� ►111111111111 �V� � 1111 //1111, Ill LC2011 -003 (PA2011 -061) Coastal Land Use Plan Amendment 105 15th Street 0 250 500 Feet