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Home My WebLink About3450 Via Oporto (PA2003-213)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 November 6, 2003 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208 rung@city.newport-beach.ca.us SUBJECT: 3450 Via Oporto (PA2003 -213) General Plan Amendment No. 2003 -010 Local Coastal Program Amendment No. 2003 -004, and Code Amendment No. 2003 -008 INITIATED BY: City of Newport Beach ISSUE: Should the Planning Commission recommend the City Council approve an amendment to the General Plan and Local Coastal Program land use designations from Governmental, Educational, and Institutional Facilities to Retail & Service Commercial and to change the zoning district classification from GEIF to RSC for a property located at 3450 Via Oporto? RECOMMENDATION: Staff recommends that the Planning Commission take the following action: Recommend approval of the request to the City Council by adopting the attached draft resolution. GPA2003 -010 & CA2003 -008 November 6, 2003 Page 2 VICINITY MAP 517" v ,/'P�, 515 eC5 898 �3�� 9421 b}il 514 18 803 604. 114 SY? 1 °�y 91C. 519 s60d J �v, 1 '' i78Y 14 y 317'(1 J 34 3M t 8tj %P a� 515 _ 3404' I 312" 34HD 1'pAfO t, x1Ta - �,; 31aa 3150 BpT 518 5 { xss 3Aaa 3+100' 3, 519 a us 359E 1 ,,5181 x01,; !#y Ey �IM 1 n �. t x71 .538fj `P81k 'lg8731'i3x13x�131i7 x73 x23 33aa k yo t, x4�£p ix Fllr �Lk, B01 . ,.' SG7 313 " ° t 3Mi1.. _ '�LA- 3460 Via Oporto General Plan Amendment No. 2003 -010, Local Coastal Plan Amendment u_ -Dnn'2 nne R- /"..A. A. mnrlmant Nn 20(13 -nn8 _r Current Development: Closed restaurant formerly occupied by the Newport Fish Co. To the north: West Lido Channel of Newport Bay To the east: Commercial Developments To the south: Commercial Developments To the west: The Elks Lodge GPA2003 -010 & CA2003 -008 November 6, 2003 Page 3 DISCUSSION: Background: During the adoption of the 1988 Land Use Element map, the subject property was designated GEIF in error. The property has always had an industrial or commercial zoning classification and was designated as commercial under the 1957 Master Plan and the 1973 Land Use Plan. The property is currently developed with a commercial use (restaurant), which has been vacant for over a year. Site Overview: The subject property is located on the northerly side of Via Oporto, east of Central Avenue. Surrounding land uses include commercial developments to the east and south, the Elks Lodge to the west, and the Turning Basin (West Lido Channel) to the north. Analysis: General Plan and Local Coastal Program Amendments The proposed amendments are to correct what staff believes to be a mapping error. The Land Use Map designates the property as Governmental, Educational, and Institutional Facilities. When the base map was being prepared prior to the 1988 Land Use Element Update, staff shaded the map of the adjacent Elks Lodge facility and City municipal parking lot as GEIF. However, the subject lot was also shaded inadvertently as it was mistaken for the Elks Lodge property. The site was developed with the existing restaurant building at that time and its designation as GEIF was not appropriate. The most appropriate designation for a restaurant is Retail and Service Commercial. The error has been carried over onto subsequent maps including the Local Coastal Plan (LCP) Land Use Plan. A General Plan amendment, LCP amendment, and zoning reclassification to Retail and Service Commercial are needed to correct the error. Zoning Code Amendment In addition to the General Plan and Local Coastal Program amendments, a Code Amendment to change the zoning designation of the subject property from Governmental, Educational, and Institutional Facilities (GEIF) to Retail & Service Commercial (RSC) is also needed. The proposed RSC zoning designation is consistent with the proposed General Plan and LCP Retail Service Commercial land use designation and will allow the subject property to be developed and used for its intended use within the most appropriate zoning classification. GPA2003 -010 & CA2003 -008 November 6, 2003 Page 4 Measure S Analysis (Greenlight) The proposed Amendment does not change the intensity of Land Use. The site is not presently subjected to a floor area ratio limit and with approval of the amendment, the 0.5 FAR limit of the General Plan Land Use Element will apply to the site. Environmental Review: This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 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. Conclusion: The proposed amendment and zone change are appropriate for the subject property to correct the mapping error. Staff has included a draft Planning Commission Resolution as Attachment A. Prepared by: VS4� salinh Ung, sso ' to Planner Attachments: A. Resolution No. B. Land Use Map Submitted by: a Patricia L. Tern le, Planning Director Attachment A Draft Resolution RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2003 -010, LOCAL COASTAL PLAN AMENDMENT NO. 2003 -004, AND CODE AMENDMENT NO. 2003 -008 (PA2003 -213), FOR PROPERTY IDENTIFIED AS 3450 VIA OPORTO, ASSESSOR PARCEL NO. 423-123-03 THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The property located at 3450 Via Oporto was designated Governmental, Educational, and Institutional Facilities with the adoption of the 1988 Land Use Element Map. This designation was also applied to the lot with the adoption of the Local Coastal Program Land Use Plan, which was certified by the Coastal Commission in 1990. Amendments to the General Plan and Local Coastal Plan land use designations from Governmental, Educational, and Institutional Facilities to Retail & Service Commercial and a zone change from GEIF to RSC are proposed. Section 2. On September 18, 2003, the Planning Commission recommended the initiation of a General Plan amendment to change the land use designation of property located at 3450 Via Oporto from Governmental, Educational, and Institutional Facilities to Retail and Service Commercial (GPI 2003 -007) to the City Council, and initiated an amended to Title 20 of the Newport Beach Municipal Code to change the zoning classification from GEIF District to the RSC District. Section 3. October 14, 2003, the City Council initiated General Plan amendment to change the land use designation of property located at 3450 Via Oporto from Governmental, Educational, and Institutional Facilities to Retail and Service Commercial (GPI 2003 -007), and initiated an amended to Title 20 of the Newport Beach Municipal Code to change the zoning classification from GEIF District to the RSC District. Section 4. A public hearing was f Council Chamber, 3300 Newport Boulevard, place and purpose of the aforesaid meeting Code. Evidence, both written and oral, was Commission at this meeting. field on November 6, 2003, in the City Hall Newport Beach, California. A notice of time, was given in accordance with the Municipal presented to and considered by the Planning T City of Newport Beach Planning Commission Resolution No. _ Paae 2 of 2 Section 5. The Planning Commission finds as follows: 1. The subject property was designated for commercial uses with the 1953 Master Plan and 1973 General Plan. 2. The property was developed with commercial use (a restaurant) when it was designated Governmental, Educational, and Institutional Facilities. The change from commercial designation to Governmental, Educational, and Institutional Facilities was an inadvertent mapping error. Since the City has no intention to change the designation to GEIF when the site was developed for commercial uses. The most appropriate designation for the subject property is Retail & Service Commercial to accommodate the continued commercial use of the property. 3. The proposed RSC zoning designation will be consistent with the proposed General Plan and Local Coastal Plan land use designation of Retail Service Commercial and will allow the subject property to be developed with proper commercial related uses. 4. The Local Coastal Plan Amendment will not become effective until approval of the Amendment by the Coastal Commission. 5. The proposed amendments have been determined to be Categorically Exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act (CEQA). Section 6. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2003 -010, Local Coastal Plan Amendment No. 2003 -004, and Code Amendment No. 2003 -008 (PA- 2003 -213). PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF NOVEMBER 2003. AYES: NOES: ABSENT: M Steven Kiser, Chairman BY: Michael Toerge, Secretary 1 Attachment B Land Use Map 0