The URL can be used to link to this page

Home My WebLink AboutPC2022-023 - RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2022-001, LOCAL COASTAL PROGRAM AMENDMENT NO. LC2022-003, AND ZONING CODE AMENDMENT NO. CA2022-005, FOR BAY ISLAND (PA2022-087)RESOLUTION NO. PC2022-023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2022-001 , LOCAL COASTAL PROGRAM AMENDMENT NO. LC2022-003, AND ZONING CODE AMENDMENT NO. CA2022- 005, FOR BAY ISLAND (PA2022-087) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bay Island Club, Inc., ("Applicant") with respect to Bay Island, as shown on the official map of Bay Island ("Property") as shown in Exhibit "A." 2. Bay Island is a 5.5-acre legal lot in the Newport Harbor individual building sites for single- family residences that is accessible by a gated pedestrian bridge. With the exception of golf carts, vehicles are not permitted on Bay Island. Bay Island is currently developed with 23 single-family homes and shared open space, recreational areas, and a caretaker's unit, which currently functions as a clubhouse. 3. On November 24, 1997, the City Council approved Use Permit No. UP3618 to implement a Planned Residential Development Overlay District, which modified the Multi-Family Residential (MFR) zoning and development regulations for Bay Island and created a development plan that included a maximum of 25 residential units (24 single-family building sites plus one residential caretaker site) and authorized off-site parking. The purpose of Use Permit No. UP3618 is to ensure that future development maintains the single-family detached character of Bay Island. 4. On July 25, 2006, the City Council approved Resolution No. 2006-76 adopting a comprehensive 2006 General Plan Update ("General Plan Update"). With the adoption of the General Plan Update, the density of Bay Island was inadvertently decreased to a maximum of 23 residential dwelling units based on the number of dwellings that existed on the Bay Island at th at time; however, the caretaker's unit was one dwelling that is constructed over two authorized building sites were omitted. 5. The Applicant is requesting approval to correct the maximum density allowed on Bay Island from 23 units to 25 units, consistent with Use Permit No. UP3618. The following approvals are requested or required from the City of Newport Beach ("City") to implement the project as proposed: • General Plan Amendment No. GP2022-001 -An amendment to the Land Use Element of the General Plan correcting the development limit specified for Bay Island from 23 dwelling units maximum to 25 dwelling units maximum; Planning Commission Resolution No. PC2022-023 Page 2 of 5 • Local Coastal Program Amendment No. LC2022-003 -An amendment to the Local Coastal Program Implementation Plan (Title 21) of the Newport Beach Municipal Code ("NBMC ") correcting the development limit specified for Bay Island 23 dwelling units maximum to 25 dwelling units maximum; and • Zoning Code Amendment No. CA2022-005 -An amendment to the Zoning Code (Title 20) of the NBMC to correct the development limit specified for Bay Island from 23 dwelling units to a maximum of 25 dwelling units. 6. The Property is located within the Multiple Residential (RM) Zoning District and the General Plan Land Use Element category is Multiple Residential Detached (RM-D). 7. The Property is located within the coastal zone. The Coastal Land Use Plan category is Multiple-Unit Residential -10.0 -19.9 DU/AC (RM-C) and the Coastal Zoning District is Multiple Residential (RM). 8. A public hearing was held on September 8, 2022 , 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 the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by , the Planning Commission at this hearing . SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION . 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the construction of up to three single-family residences. The project would authorize the future development of up to two additional single-family residences at Bay Island and therefore qualifies within this exemption . 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. 10-18-21 The project location does not impact an environmental resource of hazardous or critical concern , does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site , and is not identified as a historical resource . SECTION 3. REQUIRED FINDINGS. Planning Commission Resolution No. PC2022-023 Page 3 of 5 General Plan, Zoning Code, and Local Coastal Program Amendments 1. Amendments to the General Plan, Zoning Code, and Local Coastal Program are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. Section 8 of City Council Resolution No. 2006-76 states that General Plan texts, exhibits, figures , and plan map may be corrected without further amendment. This provision applies only to errors of fact, language consistency between elements and policies , calculations and/or scribe's errors. In th is case, the Bay Island unit count was erroneously decreased by two units (from 25 to 23 units) during the 2006 General Plan update and reflected in subsequent Zoning Code and Local Coastal Program updates. 3. The correction of the proper development limits will return the maximum residential density of Bay Island to 25 units, consistent with the prior entitlement under UP3618. This will return development rights to the property owners of Bay Island. There is no proposed increase beyond prior approved entitlements. 4. The additional dwelling units will not significantly reduce increase bulk and massing of development on Bay Island, which remain subject to development standards set forth in the NBMC and UP3618. 5. The development on Bay Island would rema in consistent with remaining and unchanged applicable standards of the RM Coastal Zoning District and UP3618 , which set forth development standards including setbacks, height, floor area limitations, and parking standards. Charter Section 423 Pursuant to City of Newport Beach ("City") Charter Section 423 and City Council Policy A-18 , proposed General Plan amendments are reviewed to determine if a vote of the electorate would be required because a project (separately or cumulatively with other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds provided in Section 423 of the City Charter. The proposed General Plan Amendment is in Statistical Area D3 and there are no prior amendments approved less than 10 years ago. The following table shows the increases attributable to the subject amendment thereby demonstrating that no vote would be required. 10-1 8-21 Planning Commission Resolution No. PC2022-023 Page 4 of 5 Charter Section 423, Measure S Analysis for Statistical Area D3 Amendment Increased Increased Peak Hour Trip Increase Density Intensity AM PM GP2022-001 (PA2022-087) 2 0 1.4 1.88 Threshold 100 40,000 100 100 Remaining 98 40,000 98.6 98.12 Vote Required? No No No No SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1 The Planning Commission of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends City Council approve the following: 10-18-21 a. General Plan Amendment No. GP2022-001 attached hereto as Exhibit "B" and incorporated herein by reference . b. Local Coastal Program Amendment No. LC2022-003 attached hereto as Exhibit "C" and incorporated herein by reference. c. Zoning Code Amendment No. CA2022-005 attached hereto as Exhibit "D" and incorporated herein by reference. Planning Commission Resolution No. PC2022-023 Page 5 of 5 PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF SEPTEMBER, 2022. AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene , and Weigand NOES: None ABSTAIN : None ABSENT: Klaustermeier BY:~ Lauren Kleiman , Chair BY : -----------Mark Rosene, Secretary 10-18-21