HomeMy WebLinkAbout4.0_Nero Property_PA2011-061CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
July 7, 2011 Hearing
Agenda Item 4
SUBJECT: Nero Property Amendment - (PA2011 -061)
105 15th Street
• General Plan Amendment No. GP2011 -004
• Code Amendment No. CA2011 -007
• Local Coastal Plan Amendment No. LC2011 -003
APPLICANTS: Morrie and Wanda Nero
PLANNER: Javier S. Garcia AICP, Senior Planner
(949) 644 -3206, jgarcia @newportbeachca.gov
PROJECT SUMMARY
The property owner is seeking to continue the existing nonconforming commercial uses
of the subject property by requesting the following amendments:
1) General Plan Land Use designation from Two -Unit Residential (RT) to Mixed -Use
Horizontal 4 (MU -H4),
2) Coastal Land Use Plan designation from Two -Unit Residential (RT -D) to Mixed -Use
Horizontal (MU -H), and
3) Zoning designation from Two -Unit Residential (R -2) to the Mixed -Use Cannery
Village and 15th Street (MU -CV /15th ST).
No new land use or development is proposed at this time.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. _ (Attachment No. PC 1) and attached Exhibits
recommending the City Council:
• Approve General Plan Amendment No. GP2011 -004; and
• Approve Local Coastal Plan Amendment No. LC2011 -003; and
• Approve Code Amendment No. CA2011 -007.
R -2
CHANGES:CURRENTto PROPOSED
GENERAL PLAN: COASTAL LAND USE PLAN: ZONING:
RT to MU -H4 RT -D to MU -H R -2 to MU-CV/1 5... ST
LOCATION:
10515'" Street
SURROUNDING USES:
R2
RT
RT -D
R -2
(Two -Unit Residential)
(Two-Unit Residential)
(Two -Unit Residential)
R2
R -2
MU -H
MU- CV115'" ST
(Wxod -We Horizontal 4)
(Mond -Use Horizontal)
(Mixed -Use, Cannery
R -2
Villa 15"' St
East
PI 1.0 FAR and RT
PI-C and RT -O
PI 1.0 FAR and R -2
R 2
(Private Institution and Two-
(Private institution and
Two -Unit Residential)
Unit Residential)
Two -Unit Residential)
R2
R -2
R -2
R 2
R -2
/R-2
R 2
Nero Property Amendment
July 7, 2011
Page 2
VICINITY MAP
MU-6VIISTM sT
R-2 105 15`" Street
Nero Property
R -2
4r<�4T�
R -2
MU M•
MuLVIISTM ST
MU M
R-2
RT-0
RT
I
CHANGES:CURRENTto PROPOSED
GENERAL PLAN: COASTAL LAND USE PLAN: ZONING:
RT to MU -H4 RT -D to MU -H R -2 to MU-CV/1 5... ST
LOCATION:
10515'" Street
SURROUNDING USES:
North and West;
RT
RT -D
R -2
(Two -Unit Residential)
(Two-Unit Residential)
(Two -Unit Residential)
South, and
MU444
MU -H
MU- CV115'" ST
(Wxod -We Horizontal 4)
(Mond -Use Horizontal)
(Mixed -Use, Cannery
Villa 15"' St
East
PI 1.0 FAR and RT
PI-C and RT -O
PI 1.0 FAR and R -2
(Private Institution and
(Private Institution and Two-
(Private institution and
Two -Unit Residential)
Unit Residential)
Two -Unit Residential)
Nero Property Amendment
July 7, 2011
Page 3
INTRODUCTION
Proiect Setting
The subject property is approximately 2,500 square feet and located on the inland side
of West Ocean Front on the Balboa Peninsula. It is designated by the Land Use
Element of the General Plan, Coastal Land Use Plan, and the Zoning Code for Two -Unit
Residential use. The property is currently developed with a mixed -use building with
commercial use on the ground floor making it nonconforming with the General Plan,
Coastal Land Use Plan and the Zoning Code.
Background
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 (Attachment No. PC 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 ").
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.
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
was effective November 25, 2010.
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 result of that action rendered
several properties nonconforming, including existing commercial uses located within
residential districts, which in accordance with Ordinance No. 2008 -05 became subject to
abatement.
The City sent letters to all known uses that are subject to abatement. Staff has met and
continues to meet with many of the owners of property that are subject to abatement. Staff
has explained to those owners the options available to them to remedy their individual
situations. Those remedies may include conversion of use or development to a residential
use; request for extension of the abatement period; and/or request to amend the General
Plan, Coastal Land Use Plan and Zoning Code to allow the continuation of the commercial
Nero Property Amendment
July 7, 2011
Page 4
use. In the case of the subject application, the owner chose to pursue amendments to
change the land use designations of their property from residential to mixed -use.
Project Description
The subject application does not include a specific project for development at this time.
The proposed land use changes, as shown below, would allow the retention of the
existing land use and allow for future development in accordance with the standards of
the proposed zoning district.
Existing
I Proposed
General Plan Two -Unit Residential R
Mixed -Use Horizontal 4 MU -H4
Coastal Land Use Plan Two -Unit Residential (RT-D)
Mixed -Use Horizontal MU -H
Zoning District Two-Unit Residential (R -2)
Mixed -Use, Cannery Villagell5TH St
MU- CVl15th ST- 0.5
DISCUSSION
Analysis
Amendments to the General Plan Land Use Plan, Coastal Land Use Plan, and Zoning
Code are legislative acts. Neither City nor State Planning Law sets forth required
findings for approval or denial of such amendments. However, when making a
recommendation to the City Council, the Planning Commission should consider
applicable policies and development standards to ensure internal consistency.
General Plan
The applicant requests to amend the General Plan to change the subject property from
a two -unit residential to a mixed -use land use designation. The MU -H4 designation is
intended to provide for the development of properties for mixed -use structures that
horizontally integrate housing with retail uses including retail, office, restaurant, and
similar nonresidential uses on the lower and upper floors; nonresidential use buildings
and multi - family residential. MU -H4 designated sites also may be developed exclusively
for retail or offices in accordance with the CN, CC, CG, or CO -G designations.
Mixed -Use Buildings: floor area to land ratio of 1.50; where a minimum floor area to land
ratio of 0.25 and maximum of 0.5 shall be used for nonresidential purposes and
maximum of 1.25 for residential.
Nonresidential Buildings: floor area to land area ratio of 0.5 maximum.
Multi - Family Residential Buildings: a density of 20.1 to 26.7 du/ac is permitted.
Nero Property Amendment
July 7, 2011
Page 5
In considering the proposed General Plan Amendment, the Planning Commission
should consider the following Land Use Element policies:
Policy LU 3.3 Opportunities for Change states in part as follows:
(Newport Beach General Plan, pp. 3 -9)
Provide opportunities for improved development and enhanced environments for
residents in the following districts and corridors...
® Balboa Peninsula: more efficient patterns of use that consolidate the Peninsula's
visitor- serving and mixed uses within the core commercial districts; encourage
marine - related uses especially along the bay front; integrate residential with retail
and visitor- serving uses in Lido Village, McFadden Square, Balboa Village, and
along portions of the Harbor frontage; re -use interior parcels in Cannery Village
for residential and limited mixed -use and live /work buildings; and redevelop
underperforming properties outside of the core commercial districts along the
Balboa Boulevard corridor for residential. Infill development shall be designed
and sited to preserve the historical and architectural fabric of these districts.
The subject site was so re- designated with the adoption of the General Plan Update.
The general purpose was to strengthen the viability of commercial uses around the
existing commercial centers at the signalized intersection. The subject property is
located on 15'h Street, which has historically and currently developed with commercial
and mixed -use structures. The amendment will provide continued use of the ground
floor for commercial use as currently designed in furtherance of the policy. Approval of
the amendment will allow the continuation of the existing mixed use development that
would not be subject to abatement and therefore avoid the near term result of creating
vacant portion of the building on 15th Street. The presence of vacant storefronts has the
opposite effect of revitalization.
Coastal Land Use Plan
The subject property is located in the coastal zone and therefore, is subject to the
applicable goals, objective and policies of the Coastal Land Use Plan. This Plan is
created to govern the use of land and water in the coastal zone within the City of
Newport Beach and is in accordance with the California Coastal Act of 1976. The
subject property has a land use designation of Two -Unit Residential (RT -D). The
applicant is requesting to change the current land use to a mixed -use designation. The
subject property does not contain any sensitive coastal resources as it is presently
improved with commercial buildings nor located where public access easements would
be required. The Coastal Act prioritizes land uses, and visitor - serving uses are a higher
priority land use than residential use. The continuation of commercial uses and future
redevelopment on the subject property as permitted in the MU -H designation will not
conflict with the policies of the Coastal Act.
Nero Property Amendment
July 7, 2011
Page 6
Zoning Code
The MU- CV /15'h Street Zoning District is intended to provide for the development of
mixed use commercial and residential projects with a maximum commercial floor area
ratio (FAR) of 0.5 and residential density of one unit for every 1.631 square feet of land
area (density of 20.1 -26.7 units per acre), and residential intensity of 1.25 FAR.
Residential uses are allowed only above the ground floor
The stated purpose and intent of the Zoning Code is to carry out the policies of the City
of Newport Beach General Plan. Consistency between the General Plan and zoning
designation is critical to ensure orderly development and enforcement. With regard to
the subject property, existing mixed -use development would conform to the standards of
the proposed MU -CV /15th Street Zoning District; the continued commercial use would
be allowed without abatement. Future new development would require conformance
with applicable development and parking standards.
Under the existing RT designation, the subject property could be developed with a
maximum of two (2) residential dwelling units. A total of four (4) parking spaces would
be required.
The main purpose of the requested amendment is to maintain the existing mixed -use
development as was originally approved on June 7, 1990, by the Planning Commission
under Use Permit No. 3383.
The charts below demonstrate how the subject property of 2,500 square feet in size
could be developed under the minimum and maximum intensity allowance for MU-
CV /15`h Street zoning designation. The parking for the existing commercial development
is provided one space for every 250 square feet of gross floor area.
Proposed MU- CV /15`h Street designation:
Mixed Use 1.5 FAR
Parkin
Total
Min
Max
Min I
Max
Non -Res
625 sf (0.25 FAR)
1,250 sf (0.50 FAR)
12 (482 sf @
5 (11250 gross sf)
1/250
Provided
482 sf (0.19 FAR)
2 tandem,
covered
spaces.
Res
1 (201DU/AC)
3,125 (1.25 FAR)
2 garage
spaces
Total
482 sf.
3,750 sf. + 1 DU
14 7
Commercial Only 0.5 FAR
Parkin
Total
1,250 sf. (0.50 FAR)
16 (11250 gross sf)
Multi - Residential Only (1.5 FAR)
Maximum one dwelling unit 1 Du/1,631 s
Parking
Total 3,750 sf. 12 per DU
Nero Property Amendment
July 7, 2011
Page 7
As demonstrated, under the minimum mixed -use intensity allowance the subject
property could be developed with up to 1,250 square feet of retail commercial
development and one (1) residential dwelling unit. Under this scenario however, it is
unlikely that the seven (7) required parking spaces could be provided on -site (five (5)
commercial parking spaces, includes one (1) handicap space; and two (2) residential
parking spaces). The project is developed to the maximum mixed -use intensity as
originally approved by Use Permit No. 3383 (the minimum mixed -use scenario in the
table above with four (4) parking spaces).
Charter Section 423 (Measure S) Analysis
Pursuant to City Charter Section 423 and Council Policy A -18, an analysis must be
prepared to establish whether a proposed general plan amendment (if approved)
requires a vote by the electorate. The proposed amendment would be combined with 80
percent of the increases in traffic, dwelling units and non - residential floor area created
by previous general plan amendments (approved within the preceding 10 years) within
the same statistical area. However, since there have been no previous amendments
within this statistical area, only the change as apply to this amendment are provided in
Table 1. The following thresholds are applicable: 100 dwelling units, 100 A.M. peak hour
trips, 100 P.M. peak hour trips, or 40,000 square feet of non - residential floor area. If any
of the thresholds are exceeded and the City Council approves the requested General
Plan Amendments, the amendments would be classified as a "major amendment' and
be subject to voter consideration. Approved amendments, other than those approved by
the electorate, are tracked for 10 years and factored into the analysis of future
amendments as indicated.
Table 1, summarizes the changes created by the proposed amendments with the
recommended MU -H4 designation. The table also shows threshold totals for subject
property. As indicated, none of the four (4) thresholds would be exceeded, and
therefore, a vote is not required. A more detailed analysis is attached (Attachment No.
PC 4).
Table 1: Charter Section 423 Analysis Summary
Statistical Area D1
A.M. Peak Hour
P.M. Peak Hour
Increase in
Allowed Floor Area
Trips
Trips
Allowed Dwelling
Units
Proposed
1.250 sq. ft.
3.38
4.54
-1
G P2011.004
PriorAmendments
None
None
None
Ncne
TOTALS
1,250 h•
3.38
4.54
I -t
(Mu_H4 is permitted)
Nero Property Amendment
July 7, 2011
Page 8
SB18 Tribal Consultation Guidelines
Pursuant to Section 65352.3 of the California Government Code, a local government is
required to contact the appropriate tribes identified by the Native American Heritage
Commission (NAHC) each time it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the local government must consult for the purpose of
preserving or mitigating impacts to cultural resources. The City received comments from
the NAHC indicating that nine (9) tribe contacts should be provided notice regarding the
proposed project. The appropriate tribe contacts supplied by the NAHC were provided
notice on May 9, 2011. Section 65352.3 of the California Government Code requires 90
days to allow tribe contacts to respond to the request to consult unless the tribe
contacts mutually agree to a shorter time period.
The project sites are located in a geographic feature which was significantly modified
during the last century in order to alter channels for navigation (Newport Harbor) and
form habitable islands. The Balboa Peninsula area was created after the era of Native
American settlement and has been subject to significant landform alteration. Due to
these factors, the City has contacted the nine (9) tribe contacts by telephone, email, and
standard mail, and has not yet received any responses although the review period
remains open. The Planning Commission may recommend the proposed project to City
Council at this time. However, the City Council may not act on the proposed
amendments until the tribe review period is concluded. Given that the sites are
presently developed and that the no development is proposed at this time, staff does
not anticipate any conflicts or need for monitoring by the tribes. If any comments are
received from the tribes, they will be forwarded to the City Council for consideration.
Environmental Review
The proposed amendments are exempt since they do not entail any significant
alteration to the subject property and will bring the General Plan Land Use, Coastal
Land Use, and Zoning District designations consistent with the present use of the
subject property. The site is presently developed and no development is proposed at
this time, however, future development of the existing property and structures would be
categorically exempt under Section 15302 of the California Environmental Quality Act
(CEQA) Guidelines — Class 2 (Replacement or Reconstruction).
Summary
The applicant has requested the amendment to allow retention of the existing mixed -
use building and uses. The building was constructed in 1990 and authorized by Use
Permit No. 3383 that was approved on June, 7, 1990, by the Planning Commission. The
uses have been in existence for nearly twenty one years and its abatement at this time
seems contrary to the General Plan Policies that promote revitalization of the area.
Nero Property Amendment
July 7, 2011
Page 9
Continuation of these uses and future development consistent with the MU -H4
designation does not appear to conflict with the General Plan or Coastal Land Use Plan
or Coastal Act. Staff does not foresee any adverse environmental impacts with
continued use or redevelopment. The approval of the General Plan Amendments to
MU -H4 designation would not necessitate a vote of the electorate, as required by
Section 423 of the City Charter.
Alternatives
Alternatives to the recommended or applicant proposed amendments could include
disapproval of the request and retention of the existing General Plan. Coastal Land Use
Plan and Zoning designations of Two -Unit Residential. If it is the desire of the Planning
Commission to disapprove this request in its entirety, the attached resolution
recommending disapproval is provided (Attachment No. PC2). However, such an action
would require abatement of the existing nonresidential use in accordance with the
provisions of the Zoning Code, Section 20.38.100.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the properties, and was posted at the site a minimum of ten days in advance
of this hearing, consistent with the Municipal Code. Additionally, the item appeared
upon the agenda for this meeting, which was posted at City Hall and on the City
website.
Prepared by:
Submitted by:
Javiek S. Gardd AICP, Gregg R irez,
Senior Planner Senior Planner
ATTACHMENTS
PC 1 Draft Resolution Recommending Approval with Attached Exhibits
PC 2 Draft Resolution Denying Amendment Request
PC 3 Relevant Information for 105 151h Street, PA2011 -061
PC 4 Section 423 Analysis Table
rkUSERSPLN%SharWA9kPAs- 2oi1TA2 011 -0vt\PCWanncW- PA2011- ouiTaot1- oat -PC staff repmma-r- 2o11Aa ,
TrMe: 77123109
DRAFT RESOLUTION
With attachments
Exhibit A-
105 15`h Street
PA2011 -061
G P2011 -004
CA2011 -007
LC2011 -003
Fill 01111111111-1��lw -- V
I I IN 11
RESOLUTION NO.
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.
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 105 156' 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 /15th Street (MU- CV /151h 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).
Tmplt: 04/14/10
Planning Commission Resolution No.
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 /15'h 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
Mixed -Use Cannery Village and 15th Street (MU -CV /15th ST), affecting 105 151h Street,
Tmplt: 04114/10
Planning Commission Resolution No.
Page 4 of 4
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, 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 7th DAY OF JULY, 2011.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Chairman
, Secretary
Tmplt: 04114110
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DRAFT RESOLUTION
DENYING THE AMENDMENT REQUESTS
ATTACHMENT No. PC 2
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DENYING THE REQUEST TO
AMEND 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 t he 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, requested approval of amendments to the General Plan,
Coastal Land Use Plan and the Zoning Code to change the land use from Two -Unit
Residential to Mixed -Use.
Planning Commission Resolution No.
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 requested change of the General Plan designation of 105 151h Street is from Two -
Unit Residential (RT) to Mixed -Use Horizontal 4 (MU -114).
9. The requested change of the Zoning District designation of 105 15th Street is Two -Unit
Residential (R -2) to Mixed -Use Cannery Village /15t Street (MU- CV /15" 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 requested change to the Coastal Land Use designation would be consistent with the
requested 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. 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. A determination of compliance with the requirements of the California Environmental
Quality Act is not required for projects that are denied.
2. 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. The Planning Commission has determined
that in this particular case, that the current General Plan and Coastal Land Use Plan
designations are appropriate and a change is not warranted.
Tmplt: 04114/10
Planning Commission Resolution No.
Page 3 of 4
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. The Planning Commission has determined
that in this particular case, that the current Zoning designation is appropriate and that
a change is not necessary for the public necessity and convenience and the general
welfare.
3. The existing nonresidential use is not consistent with the goals and policies of the
Land Use Element of the General Plan, the Zoning District requirements or the Coastal
Land Use Plan; and therefore will be subject to abatement in accordance with
Ordinance No. 2008 -05.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies the requests for
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 denies the request for Code
Amendment No. CA2011 -007 changing the zoning designation from Two -Unit
Residential (RT) to Mixed -Use Cannery Village and 15`h Street (MU- CV /15`h S T),
affecting 105 15h 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 denial of the proposed 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, 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.
Tmplt: 04114110
Planning Commission Resolution No.
Page 4 of 4
PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JULY, 2011.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
, Chairman
BY:
Secretary
Tmplt: 04/14/10.
RELEVANT INFORMATION:
105 151h Street
FOR PA2011 -061
GP2011 -004
CA2011 -007
LC2011 -003
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CITY OF NEWPORT BEACH
June 7. 1990
MINUTES
ROLL CALL
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FINDINGS:
1. That the proposed use could potentially result an
increase in the demand for off- street parking w ch is not
provided on -site.
2. That the approval of Use Permit No 82 will, under the
circumstances of this case, be d mental to the health,
safety, peace, morals, comfo and general welfare of
persons residing and work' in the neighborhood, or be
detrimental or injuriou o property and improvements in
the neighborhood o o the general welfare of the City.
3. That the p osed facility will adversely affect the
residentia ses adjacent to the subject property.
4. Th the use would only benefit special persons (i.e. staff
d physicians at the Newport Lido Medical Center and
Hoag Hospital), and the residential community should not
be impacted by the operation.
. . .
Use Permit No. 3383 (Public Hearine)
:tem No.3
Request to permit the construction of a combined
u-P3383
commercial /residential development on property located in the
C -1 District. The proposal also includes: a request to approve
Approved
a use permit so as to allow commercial development of the site
which maintains a Floor Area Ratio which is less than 0.25; and
modifications to the Zoning Code so as to allow the use of
tandem parking for a portion of the required commercial parking
and to allow the second floor of the structure to encroach 4 feet
into the required 10 foot rear yard setback adjacent to a 25 foot
wide alley.
LOCATION: Lot 3, Block 15, Section B, Newport Beach,
located at 105 15th Street, on the
northwesterly side of 15th Street, between
West Balboa Boulevard and West Ocean
Front, on the Balboa Peninsula.
ZONE: C -1
APPLICANTS: Morrie and Wanda Nero, Newport Beach
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OWNERS: Same as applicants
The public hearing was opened in connection with this item, and
Mr. Todd Schooler, Architect, appeared before the Planning
Commission on behalf of the applicant. Mr. Schooler referred to
the calculations listed in the staff report and he indicated that
the residential portion of the project does not exceed 1,872
square feet of floor area with a 0.75 FAR, wherein the staff
report indicated 1,892 square feet of residential floor area with
a 0.76 FAR.
Mr. Schooler concurred with the findings and conditions in
Exhibit "A" with the exception of Condition No. 18, requesting
that the lighting system be prepared and signed by a licensed
Electrical Engineer wherein he asked if a licensed architect could
also be considered, based on the size of the commercial project.
James Hewicker, Planning Director, stated that Condition No. 18
is a standard condition placed on commercial projects; however,
he indicated that the Planning Commission may modify the
condition. Mr. Schooler stated that an Electrical Engineer is a
substantial cost for a 500 square foot commercial space.
Commissioner Pers6n concurred based on the size of the project.
Commissioner Debay asked if the applicant concurred with the
findings and conditions in Exhibit 'B ", which limits residential
FAR to 0.75, reduces the depth of the commercial parking and
requires redesign of parking area. Mr. Schooler responded that
the purpose of the proposed parking layout is based on the
location of the project and the heavy impact of traffic in the
area. He explained that if the garage doors are set back, the
public would have the opportunity to park their automobiles and
block the driveway adjacent to the alley as well as create other
public nuisances.
Mr. Hewicker explained that between the commercial use and
the front of the parking spaces there is a large area between the
trash enclosure and the stairway that could be used for either
enlarging the residential, storage or commercial areas. He
indicated that if the garages would be separated with a wall
running perpendicular to the alley, it would provide more than
the minimum required garage spaces, and it would push the
commercial parking spaces forward on the lot, and the surplus
area adjacent to the alley would be similar to the setback
adjacent to the residence on the north side of the property.
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Mr. Schooler indicated that he did not oppose a wall that would
separate the commercial from the residential parking spaces, that
the garage doors will remain open during the day, and the
applicants will reside on the premises.
In response to a question posed by Commissioner Glover
regarding the signage, Mr. Schooler explained that the signs will
be installed at the front and rear pan of the property indicating
that the garage door shall remain open and the commercial
parking is at the rear of the property.
Mr. Schooler and Commissioner Debay addressed the single
garage door for the residential and commercial uses that is
proposed for security reasons.
The Planning Commission, Mr. Schooler and Mr. Hewicker
discussed concerns regarding the foregoing Condition No. 18, and
appropriate plans that could be submitted to the City for plan
check which would verify that the required condition has been
met by a licensed Architect. The conclusion was that the
condition could be modified to add "or licensed architect ".
Mr. Bud Van Ornum, 107 - 15th Street, appeared before the
Planning Commission wherein he indicated that his concerns
include the project encroaching to the side property line, the
proposed number of parking spaces, and the material used to
construct the exterior wall inasmuch as his residential structure
on the adjoining property is 36 inches from the subject property.
Mr. Schooler appeared before the Planning Commission to state
that the exterior walls on the side property lines would be
constructed of wood siding, and it was further agreed that Mr.
Schooler and Mr. Van Ornum would meet in the future to
discuss the project. Commissioner Pers6n commented that Mr.
Van Ornum's property is located in the "C -1" District where a
zero side yard setback is allowed. In response to the foregoing
concerns, Mr. Hewicker explained that the first floor of the
building adjacent to the alley will be set back 10 feet, and the
second floor will be set back 6 feet from the alley. Mr. Van
Ornum suggested that the applicants construct a brick wall as a
buffer between the two lots.
Mr. Jim Cantwell, 1511 West Balboa Boulevard, appeared before
the Planning Commission wherein he addressed the parking and
traffic congestion in the commercial area and in the alley.
Commissioner Pers6n commented that the applicant could
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develop a 1,250 square foot commercial building on the site
without coming to the City for discretionary approval, and an
advantage of mixed use is that it does not generate as much
traffic.
Mr. Charles Banks, 1510 West Ocean Front, appeared before the
Planning Commission. He suggested that the subject parcel be
integrated and developed with the adjacent parcels of land. In
response to a question posed by Commissioner PersGn, Mr.
Banks explained that there are several lots that are under one
ownership. Commissioner Glover supported the subject use and
the concept of mixed use in the area. Mr. Banks indicated that
the residents will be impacted by future development.
Mr. Morrie Nero, property owner, appeared before the Planning
Commission. He explained that inasmuch as the intent is to
reside on the property, the applicants are requesting privacy by
being able to enclose the commercial parking spaces with a
garage door at night. He stated that a garage wall between the
residential and commercial parking spaces would be inconvenient;
however, he agreed to have a wall constructed if necessary. Mr.
Nero stated that inasmuch as the alley is 25 feet wide, the
proposed uses will not impact the alley. He indicated that the
commercial area consisting of 500 square feet would be utilized
as office space. Mr. Nero and Mr. Hewicker discussed the use of
the residential garage door. Mr. Nero stated that the area
surrounding the stairway will be landscaped.
Ms. Denise Cantwell, 1511 West Balboa Boulevard, appeared
before the Planning Commission wherein she addressed the
parking congestion in the area.
There being no others desiring to appear and be heard the
public hearing was closed at this time.
In response to a question posed by Commissioner Debay
regarding Exhibit "B ", William Laycock, Current Planning
Manager stated that Condition No. 3, Exhibit 'B", states that the
two residential parking spaces shall be separated from the
commercial parking spaces by a full height wall and shall have
a separate garage door.
Motion
a
Motion was made to approve Use Permit No. 3383 subject to the
findings and conditions in Exhibit "B ". Commissioner Debay
based her motion on the fact that the property is zoned
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"commercial', and the property owner has the right to develop
his property as long as it meets the zoning regulations. She
requested that Condition No. 18 be modified to add "...licensed
Electrical Engineer or Licensed .Architect. ". She suggested that
recommended conditions for entirely commercial projects not
necessarily be included on future mixed use applications.
Commissioner Person stated that the subject project is similar in
size to a duplex, and he opposed the lighting and similar
conditions based on the size of the proposed development. Mr.
Hewicker suggested that Condition No. 18 in Exhibit 'B" could
be modified to state that the lighting shall be designed in such
a way as to conceal the light source and maintain the light on
the property.
Motion was voted on to approve Use Permit No. 3383 subject to
the findings and conditions in Exhibit 'B" (Limits residential FAR
to 0.75 and reduces the depth of the commercial parking and
requires redesign of parking area), and add to Condition No. 18
All ayes
"Licensed Architect'. MOTION CARRIED.
Findines:
1. That the proposed commercial space constitutes a
significant portion of the development.
2. That the proposed commercial development is large
enough to accommodate a viable business.
3. That the design of the development or the proposed
improvements will not conflict with any easements
acquired by the public at large for access through or use
of property within the proposed development.
4. That public improvements may be required of a developer
per Section 20.80.060 of the Municipal Code.
5. That the proposed development is consistent with the
General Plan and the adopted Local Coastal Program,
Land Use Plan, and is compatible with surrounding land
uses.
6. That inasmuch as the proposed project is located on
commercially zoned property and includes a commercial
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Floor Area Ratio of only 0.20, it is reasonable and
necessary to limit the residential Floor Area Ratio to 0.75.
7. That other similar projects which have been approved
within the Central Balboa area and Cannery Village have
included residential development which did not exceed
0J5 Floor Area Ratio.
8. The approval of Use Permit No. 3383 will not, under the
circumstances of this case, be detrimental to the health,
safety, peace, morals, comfort, and general welfare of
persons residing and working in the neighborhood or be
detrimental or injurious to property and improvements in
the neighborhood or the general welfare of the City and
further that the proposed modifications for a commercial
tandem parking space and the second floor encroachment
into the alley setback are consistent with the legislative
intent of Title 20 of the Newport Beach Municipal Code.
Conditions:
1. 'I-hat the proposed development shall be in substantial
compliance with the approved site plan, floor plans and
elevations, except as noted below.
2. That only one dwelling unit shall be permitted on the site.
3. T'nat the two garage parking spaces (including a tandem
parking space) shall be for the exclusive use of the
residential unit on the site and shall he physically
separated from the commercial parking spaces by a full
height wall and shall also have a separate garage door.
4. That one tandem parking space and one independently
accessible parking space shall be provided for the
commercial use on the property at all times the
commercial space is open for business. Should an
operating garage door be utilized, the parking spaces shall
remain open during business hours and made available for
use by the employees and the public. The depth of the
commercial parking area shall he reduced to a minimum
depth of 36 feet to provide only two car tandem parking
inside the building.
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June 7, 1990
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5. That a sign which will be visible from the street shall be
provided at the front of the building, indicating the
location of the commercial parking at the rear of the
property. In addition, a sign shall also be located on the
rear of the building, stating that the garage door to the
commercial parking spaces shall remain open during
regular business hours. Said sign shall also provide the
telephone number of the City 's Code Enforcement
personnel so that the public may contact the City if the
garage door is closed during regular business hours.
6. That the residential Floor Area Ratio for the proposed
project shall not exceed 0.75 (1,875 sq.ft.).
7. That all improvements be constructed as required by
Ordinance and the Public Works Department.
8. That arrangements be made with the Public Works
Department in order to guarantee satisfactory completion
of the public improvements, if it is desired to obtain a
building permit prior to completion of the public
improvements.
9. That the commercial and residential units be served with
individual water service and sewer lateral connection to
the public water and sewer systems unless otherwise
approved by the Public Works Department.
10. That the on -site parking, vehicular circulation and
pedestrian circulation systems be subject to further review
by the City Traffic Engineer.
11. That all vehicular access to the property be from the
adjacent alley unless otherwise approved by the City
Council.
12. That County Sanitation District fees be paid prior to
issuance of any building permits.
13. That the curb and sidewalk be reconstructed along the
15th Street frontage and that the asphalt portion of the
deteriorated alley adjacent to the site be reconstructed
under an encroachment permit issued by the Public Works
Department.
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CITY OF NEWPORT BEACH
ROLL CALL
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14. That the Public Works Department plan check and
inspection fee be paid.
15. That the disruption caused by construction work along
roadways and by movement of construction vehicles shall
be minimized by proper use of traffic control equipment
and flagmen. Traffic control and transportation of
equipment and materials shall be conducted in accordance
with state and local requirements. A traffic control plan
shall be reviewed and approved by the Public Works
Department. No construction storage or delivery of
materials shall be stored within the 15th Street right -of-
way. Prior to issuance of any grading permits, a parking
plan for workers must be submitted and approved by the
Public Works Department.
16. That overhead utilities serving the site be undergrounded
to the nearest appropriate pole in accordance with Section
19.24.140 of the Municipal Code.
17. That the applicant shall obtain Coastal Commission
approval of this application prior to the issuance of
building permits.
18. The lighting system shall be designed, directed, and
maintained in such a manner as to conceal light sources
and to minimize light spillage and glare to the adjacent
residential areas. The plans shall be prepared and signed
by a licensed Electrical Engineer or licensed Architect;
with a letter stating that, in his opinion, this requirement
has been met.
19. That the Planning Commission may add to or modify
conditions of approval to this Use Permit or recommend
to the City Council the revocation of this Use Permit,
upon a determination that the operation which is the
subject of this Use Permit, causes injury, or is detrimental
to the health, safety, peace, morals, comfort, or general
welfare of the community.
20. That this use permit shall expire unless exercised within
24 months from the date of approval as specified in
Section 20.80.090A of the Newport Beach Municipal Code.
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PROPERTY TO THE SOUTH- 103 15 T" STREET, MIXED USE BUILDING
SUBJECT PROPERTY: 105 15Til STREET, MIXED USE BUILDING
PROPERTY TO THE NORTH: 107 15TH STREET, DUPLEX
CITY CHARTER
SECTION 423 ANALYSIS
ATTACHMENT No. PC 4
Coastal Land Use Plan Consistency Amendment (PA2010 -052)
Charter Section 423 Analysis
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