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Home My WebLink About1864 - RECOMMEND APPROVAL AMENDMENTS TO THE LAND USE ELEMENT OF GP, CLUP, AND THE ZONING CODE _ 2888 BAY SHORE DRIVE; AND_ 2890 BAY SHORE DRIVERESOLUTION NO. 1864 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF 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 MULTIPLE -UNIT RESIDENTIAL (RM) TO MULTIPLE -UNIT RESIDENTIAL (RM, 39 DU) FOR PROPERTY LOCATED AT 2888 BAY SHORE DRIVE; AND FROM MULTIPLE -UNIT RESIDENTIAL (RM) TO MIXED -USE WATER RELATED (MU -W2, 1 DU) FOR PROPERTY LOCATED AT 2890 BAY SHORE DRIVE; (PA2011 -179) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On May 21, 1959, the Newport Beach Planning Commission approved Ordinance No. 635 approving Use Permit No. UP518 and Variance No. VA535 for the development of 39 dwelling units with an accessory building, office, and carports at 2888 Bay Shore Drive (Attachment No. PC 3). 2. On July 15, 1959, building permits were issued that authorized the construction of a mixed -use building consisting of an accessory office, apartment, and carports located at 2890 Bay Shore Drive. At that time, the property was in the U (Unclassified) Zoning District. 3. On January 15, 1960, building permits were issued that authorized the construction of 38 dwelling units, carports, laundry, storage, and a semi- public swimming pool for the apartment complex at 2888 Bay Shore Drive. 4. On August 14, 1961, Ordinance No. 969 was adopted by the City Council to change the land use designation of the subject properties from U (Unclassified) to the R -3 (Restricted Multiple Family Residential) Zoning District. 5. On May 29, 1990, the City Council adopted Ordinance No. 90 -24, changing the land use of the subject properties from Restricted Multiple Family Residential (R -3) to Multiple - Family Residential (MFR, 2178). 6. On June 30, 1995, Resubdivision No, 1007, which identifies the subject properties as Parcel 1 and 2 of Parcel Map No. 94 -115, was recorded (Attachment No. PC 4). 7. 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 "). Planning Commission Resolution No. 1864 Page 2 of 5 8. 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. 9. On January 28, 2008, the City Council adopted Ordinance No. 2008 -05, which in addition to other Zoning Code changes, 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, and the subsequent Zoning Code Update which became effective November 25, 2010, 10. 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 multiple residential zoning designations of the subject properties were changed from Multiple - Family Residential (MFR, 2178) to Multi -Unit Residential (RM, 2178). Upon the effective date of the Comprehensive Update to the Zoning Code, Ordinance no. 2008 -005 became effective. As a result of that action, existing nonconforming commercial uses located within residential districts became subject to abatement in accordance with Ordinance No. 2008 -05, 11. An application was filed by property owner Ron E. Presta of Palmo Investments GP, with respect to the subject property located at 2888 and 2890 Bay Shore Drive, requesting approval of amendments to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use. 12. The subject property is currently located within the Multi -Unit Residential (RM, 2178) Zoning District and the General Plan Land Use Element category is Multiple -Unit Residential Land Use (RM, 20 du /ac). 13. The recommended change of the General Plan designation of 2888 Bay Shore Drive is from Multiple -Unit Residential (RM, 20 du /ac) to Multiple -Unit Residential (RM, 39 du). The recommended change of the General Plan designation of 2890 Bay Shore Drive is Multiple -Unit Residential (RM, 20 du /ac) to Mixed -Use Water Related (MU -W2, 1 du). 14. 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. 15. This is the third General Plan Amendment that affects Statistical Area H4 since the General Plan update in 2006. There is no change in the number of dwelling units and the amendment results in 10,019 additional square feet of non - residential floor area. The additional floor area results in an increase of 30.1 A.M. peak hour trips and an increase 40.1 P.M. peak hour trips based on the commercial and residential housing Tmplt 04/14/10 Planning Commission Resolution No. 1864 Page 3 of 5 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. 16. The recommended change of the Zoning District designation of 2888 Bay Shore Drive is Multi -Unit Residential (RM, 2178) to Multi -Unit Residential (RM, 39 du). The recommended change of the Zoning District designation of 2890 Bay Shore Drive is Multi -Unit Residential (RM, 2178) to Mixed -Use Water Related (MU -W2, 1 du). 17. The subject property is located within the coastal zone. The Coastal Land Use Plan category of the subject properties is Multiple -Unit Residential (RM -C). 18. The recommended change to the Coastal Land Use designation is consistent with the recommended General Plan Amendment for 2888 Bay Shore Drive from Multiple -Unit Residential (RM -C) to Multiple -Unit Residential (RM -D). The recommended change to the Coastal Land Use designation is consistent with the recommended General Plan Amendment for 2890 Bay Shore Drive from Multiple -Unit Residential (RM -C) to Mixed - Use Water Related (MU -W). The CLUP amendments will not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission. 19. A public hearing was held on December 8, 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 1 (Existing Facilities). 2. The proposed amendments are exempt since they do not entail alteration to the subject property and are essentially bringing the General Plan land use designations, Coastal Land Use Plan 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. Tmplt 04/14/10 Planning Commission Resolution No. 1864 Page 4 of 5 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 Zoning Code amendment to change the density of 2888 Bay Shore Drive to reflect the existing multiple -unit residential development and change 2890 Bay Shore Drive from Multiple -Unit Residential (RM) to Mixed -Use Water Related (MU -W2) to reflect the existing mixed - use development. 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 RM and MU -W2 zoning districts 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 -008, changing the land use designation from Multiple -Unit Residential (RM, 20 du /ac) to Multiple -Unit Residential (RM, 39 du); Coastal Land Use Plan Amendment LC2011 -004 changing the land use designation from Multiple -Unit Residential (RM -C) to Multiple -Unit Residential (RM -D); and Code Amendment No. CA2011 -011 changing the Zoning designation from Multi - Unit Residential (RM, 2178) to Multi -Unit Residential (RM, 39 du), affecting 2888 Bay Shore Drive, Statistical Area H4, legally described as a portion of Lot 171 in Block 54 and a portion of Block 54 of Irvine's subdivision, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 1, Page 88 of miscellaneous maps, records of Orange County, California. 2. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of General Plan Amendment No. GP2011 -008, changing the land use designation from Multiple -Unit Residential (RM, 20 du /ac) to Mixed -Use Water Related (MU -W2, 1 du); Coastal Land Use Plan Amendment LC2011 -004 changing the land use designation from Multiple -Unit Residential (RM -C) to Mixed -Use Water Related (MU -W); and Code Amendment No. CA2011 -011 changing the Zoning designation from Multi -Unit Residential (RM, 2178) to Mixed -Use Water Related (MU -W2, 1 du), affecting 2890 Bay Shore Drive, Statistical Area H4, legally described as a portion of TmpIL 04114/10 Planning Commission Resolution No. 1864 Page 5 of 5 Lot 171 in Block 54 and a portion of Block 54 of Irvine's subdivision, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 1, Page 88 of miscellaneous maps, records of Orange County, California. 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 Presta Property Amendments (PA2011 -179 including, but not limited to, General Plan Amendment No. GP2011 -008, Coastal Land Use Plan Amendment No. LC2011 -004, and Code Amendment No. CA2011 -011. 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, 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 8th DAY OF DECEMBER, 2011. AYES: Ameri, Hillgren, Kramer, Myers, and Toerge NOES: None. ABSTAIN: None. ABSENT: Hawkins m M Tmplt: 04/14/10 Exhibit A- 2888 and 2890 Bay Shore Drive GP2010 -013, LC2010 -003, and CA2010 -013 (PA2011 -179) ST gMeR O T RO n m. 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