HomeMy WebLinkAbout1856 - DENY PCDP AMENDMENT, TD, MD, AND TS _4221 DOLPHIN-STRIKER WAYRESOLUTION NO. 1856
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DENYING WITHOUT PREJUDICE
PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT
NO. PD2010 -007, TRANSFER OF DEVELOPMENT RIGHTS NO.
TD2010 -002; CONDITIONAL USE PERMIT NO. 2011 -026,
MODIFICATION PERMIT NO. 2011 -014, AND TRAFFIC STUDY
NO. TS2011 -002 FOR A NEW COMMERCIAL DEVELOPMENT
LOCATED AT 4221 DOLPHIN- STRIKER WAY (PA2010 -135)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by RidgewayNVhitney, Partnership, with respect to property
located at 4221 Dolphin- Striker Way, and legally described as Parcel 1 of Portion of Lot 4
of Tract No. 7770, requesting approval of an amendment to the Newport Place (PC -11)
Planned Community Development Plan to accommodate the development of two new
commercial buildings of 13,525 square feet total. The following applications are
requested in order to implement the project as proposed:
a) An amendment to Newport Place (PC -11) Planned Community Development
Plan to change the zoning designation of the subject property from "Restaurant
Site 1" to "General Commercial Site 8 ", pursuant to Chapters 20.56 (Planned
Community District Procedures) and 20.66 (Amendments) of the Municipal Code.
b) A transfer of development rights to allow the transfer of 48 unbuilt hotel units,
which equates to an approximately 3,909 square feet of specialty retail, from
Hotel Site 2 -13 (Fletcher Jones Vehicle Storage Facility at 1301 Quail Street) and
1,620 square feet from General Commercial Site 7 (Lexus Dealership at 3901
MacArthur Boulevard) for a total of 5,529 square feet to the subject site, pursuant
to Chapter 20.46 (Transfer of Development Rights) of the Minicipal Code.
c) A traffic study approval pursuant to Chapter 15.40 (Traffic Phasing Ordinance) as
the project will generate in excess 300 average daily trips (ADT).
d) A conditional use permit to modify the off - street parking requirements, allow for
the use of off -site parking, and to establish a parking management plan for the
site, pursuant to Chapter 20.40 (Off- Street Parking) of the Municipal Code.
e) A modification permit to deviate from the landscaping requirements of the
Newport Place (PC -11) Planned Community Development Plan, pursuant to
Section 20.52.050 of the Municipal Code.
f) A waiver of the requirement for a development agreement pursuant to the
provisions of Chapter 15.45 (Development Agreements) of the Municipal Code.
Planning Commission Resolution No. 1856
Page 2 of 3
The subject property has zoning designation of Restaurant Site 1 of the Newport Place
(PC -11) Planned Community Zoning District and the General Plan Land Use Element
category is Mixed -Use Horizontal 2 ( "MU -112 ").
3. The subject property is not located within the coastal zone.
4. A public hearing was held on September 22, 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. REQUIRED FINDINGS.
In accordance with the Traffic Phasing Ordinance and Zoning Code the proposed project can
only be approved after making each of the required findings set forth in Chapter 15.40 (TPO)
and Sections 20.40.100.6 (Off -Site Parking), 20.52.050F (Use Permit) and 20.52.050.E
(Modification Permits) of the Zoning Code. In this case, the Planning Commission was unable
to make the required findings based upon the following:
The purpose and intent of parking standards is to provide adequate parking for
development. The applicant requests a change in the allowable use and an increase in
the intensity of use while inadequately addressing parking through a waiver and off -
site parking request.
2. The 1 -year term of the applicant's off -site parking lease does not satisfy the Zoning
Code that requires off -site parking be permanently available.
3. The applicant's justification for the modification permit to allow relief from the
landscaping standards is based upon the request for increased intensity of use and
proposed design rather than a practical difficulty of the property and that the project
can be redesigned to comply with the landscape requirement.
4. The proposed primary access to the subject property is inconsistent with the existing
design of MacArthur Boulevard that does not provide direct access into commercial
parking lots and may interrupt traffic flow along MacArthur Boulevard.
SECTION 3. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach does hereby deny without
prejudice Planned Community Text Amendment No. PD2010 -007, Transfer of
Development Rights No. TD2010 -002, Conditional Use Permit No. UP2011 -026,
Modification Permit No. MN2011 -014, and Traffic Study No. TS2011 -002.
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Planning Commission Resolution No. 1856
Pape 3 of 3
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF SEPTEMBER, 2011.
AYES: Ameri, Hawkins, Hillgren, and Toerge
NOES: Kramer, Myers, and Unsworth
ABSTAIN: None.
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BY: 4« t_ �J . � a_ , ..f
Charles Unsworth, Chairman
BY: `
Bra a gr , Secretary
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