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Home My WebLink About1869 - RECOMMEND APPROVAL OF GPA, CLUP AMENDMENT, AND CA _ 200 30TH STREETRESOLUTION NO. 1869 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2011- 010, COASTAL LAND USE PLAN AMENDMENT NO. LC2011- 006, AND ZONING CODE AMENDMENT NO. CA2011 -013 FOR PROPERTY LOCATED AT 200 30TH STREET (PA2011 -209) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Pete Fenton, representing Beach Coin Laundry LLC, with respect to property located at 200 30th Street, and legally described as Lot 1, Block 129 of the Lake Tract, requesting approval of a General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment, 2. The applicant proposes to change the General Plan Land. Use Element category from Two -Unit Residential (RT) to Visitor Serving Commercial (CV), the Coastal Land Use Plan designation from Two -Unit Residential (RT -E) to Visitor Serving Commercial (CV- A), and the Zoning District from Two -Unit Residential (R -2) to Commercial Visitor - Serving (CV) for the subject property, which will result in the existing nonconforming commercial use becoming conforming. 3. 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 "), resulting in the land use designation of the subject property as Two - Unit Residential. 4. 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. The Coastal Land Use Plan designation for the property was Two -Unit Residential. 5. On January 28, 2008, the City Council adopted an 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. 6. On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning Code and the Land Use Element of the General Plan. The two unit residential zoning designation of the subject property was changed from Two Family Residential (R -2) District to Two -Unit Residential (R -2). Since the use of the subject property is a Planning Commission Resolution No. 1869 Paqe 2 of 4 cormercial use in a residential zone, it was subject to abatement in accordance with Ordinance No. 2008 -05. 7. The subject property is located within the coastal zone. The requested change of the Coastal Land Use Plan designation is from Two -Unit Residential (RT -E) to Visitor Serving Commercial (CV -A) and will not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission. 8. 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 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. 9. This is the third General Plan Amendment that affects Statistical Area B5 since the General Plan update in 2006. Although there is no increase in the number of dwelling units, the arendment results in 1,187.5 additional square feet of non- residential floor area. The additional floor area results in an increase of 2.68 AM peak hour trips and an increase 3.67 PM peak hour trips based on the commercial and residential housing trip rates 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. 10. A public hearing was held on February 9, 2012, 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 ( "CEQX) under Class 1 (Existing Facilities). 2.. The proposed amendments are exempt since they do not entail alteration to the subject property and are bringing the General Plan land use designation, Coastal Land Use Plan designation and Zoning district into consistency with the exiting development and use of the property. 3. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consurning. 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. TmpIC 03/08111 Planning Commission Resolution No. 1869 Page 3 of 4 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. Zoning 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 Visitor Serving Commercial (CV). 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 Commercial Visitor - Serving (CV) 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 -010, and Coastal Land Use Plan Amendment LC2011 -006, changing the designation from Two -Unit Residential (RT and RT -E) to Visitor Serving Commercial (CV and CV -A) and recommends approval of the request for Code Amendment No. CA2011 -012 changing the zoning designation from Two -Unit Residential (R -2) to Commercial Visitor- Serving (CV), affecting 200 30th Street, Statistical Area B5, and legally described as Lot 1, Block 129 of the Lake Tract, in the City of Newport Beach, County of Orange, State of California. 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 related (directly or indirectly) to City's approval of the proposed Beach Coin Laundry, LLC Property Amendments (PA2011 -209) including, but not limited to, General Plan Amendment No. GP2011 -010, Coastal Land Use Plan Amendment LC2011 -006, and Code Amendment No. CA2011 -013. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and Tmpll: 03/08111 Planning Commission Resolution No. 1869 Page 4 of 4 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, attorneys' 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 9T" DAY OF FEBRUARY, 2012. AYES: Ameri, Hillgren, Myers, Toerge, and Tucker NOES: None. ABSTAIN: None. ABSENT: Kramer AM in Tmpll: 03/06111