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HomeMy WebLinkAbout2013-77 - Approving General Plan Amendment No. GP2012-005 and Coastal Land Use Plan Amendment No. LC2013-001 for the Lido Villas Project Located at 3303 and 3355 Via Lido (PA2012-146)RESOLUTION NO. 2013 -77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. GP2012-005 AND COASTAL LAND USE PLAN AMENDMENT NO. LC2013 -001 FOR THE LIDO VILLAS PROJECT LOCATED AT 3303 AND 3355 VIA LIDO (PA2012 -146) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by DART Development Group, with respect to property located at 3303 and 3355 Via Lido, and legally described as Lots 1201 to 1204 together with that portion of the adjoining alley of Tract 907, as shown on the map recorded in Book 28, Pages 25 to 36, inclusive, of Miscellaneous Maps, records of Orange County, California, together with that portion of Lots 4 and 5 of Tract 1117, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 35, Page 48 of Miscellaneous Maps, records of Orange County, California, together with a portion of the 20 foot alley adjoining said Lots 4 and 5 as abandoned by resolution of the City Council of Newport Beach on February 4, 1946, a certified copy of said resolution being recorded March 11, 1946 in Book 1400, Page 149 of Official Records, requesting adoption of a mitigated negative declaration and approval of a General Plan amendment (GPA), Coastal Land Use Plan (CLUP) amendment, Zoning Code amendment, site development review, and tentative tract map. 2. The proposed project consists of the demolition of a 3 -story commercial building, a single -story church building (First Church of Christ, Scientist), and a 56 -space surface parking lot to accommodate the development of 23 townhouse -style multi- family condominium units on a combined 1.2 acre site. A site development review and tentative tract map are required to allow the development of the 23 unit condominium project on the project site. 3. The General Plan Land Use Element category of the subject property at 3303 Via Lido is Private Institutions (PI, 0.75 FAR). The General Plan Land Use Element category of the subject property at 3355 Via Lido is Multiple -Unit Residential (RM, 20 du/ac). 4. The requested change of the General Plan designation of 3303 Via Lido is from Private Institutions (PI, 0.75 FAR) to Multiple -Unit Residential (RM, 20 du/ac) (General Plan Amendment No. GP2012 -005). 5. Council Policy A -18 requires that proposed General Plan amendments be reviewed to determine if a vote of the electorate would be required pursuant to Section 423 of the City Charter. if a General Plan Amendment (separately or cumulatively with other GPA's within the same statistical area within the previous 10 years) 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, a vote of the electorate would be required if the City Council approves the GPA. 6. This is the fourth General Plan Amendment that affects Statistical Area B5 since the General Plan update in 2006. The amendment results in seven additional dwelling units and there is no change in square - footage of non - residential floor area. The seven additional units result in an overall decrease in a.m. and p.m. peak hour trips based on the residential/condominium townhouse trip rates provided in Council Policy A -18. Including 80 percent of prior General Plan amendments results in a total increase of 16,275 square feet of nonresidential floor area, 49 a.m. peak hour trips, 65 p.m. peak hour trips, and nine residential dwelling units for Statistical Area B5. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required with the approval of General Plan Amendment No. GP2012 -005. 7. The subject property is located within the coastal zone. The Coastal Land Use Plan category of 3303 Via Lido is Private Institutions (PI -B) and the Coastal Land Use Plan category of 3355 Via Lido is Multiple -Unit Residential (RM -D), 8. The requested change to the Coastal Land Use category is consistent with the General Plan Amendment for 3303 Via Lido from Private Institutions (PI -B) to Multiple - Unit Residential (RM -D), Coastal Land Use Plan Amendment No. LC2013 -001. The CLUP amendment will not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission. 9. The Zoning designation of 3303 Via Lido is Private Institutions (PI, 0.75 FAR) and the Zoning designation of 3355 Via Lido is Multi -Unit Residential (RM, 2178). The Zoning Code Amendment to change both parcels on the project site to the PC Zoning District and adoption of the Lido Villas Planned Community will provide consistency with the land use amendments to change the General Plan and Coastal Land Use Plan of 3303 Via Lido. 10. The Planning Commission considered a staff report on the application on August 22, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. The Planning Commission continued the item to the September 5, 2013, Planning Commission Meeting. 11. A public hearing was held by the Planning Commission on September 5, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, 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 hearing. At the conclusion of the public hearing, the Planning Commission voted (7 ayes and 0 noes) to adopt Planning Commission Resolution No. 1921 recommending City Council adoption of the Mitigated Negative Declaration and approval of the General Plan Amendment, Coastal Land Use Plan Amendment, Zoning Code Amendment, Site Development Review, and Tentative Tract Map. 12. A public hearing was held by the City Council on November 12, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, 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 City Council at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The draft Mitigated Negative Declaration was circulated for a 30 -day comment period beginning on July 12, 2013, and ending on August 13, 2013. The environmental document and comments on the document were considered by the City Council in its review of the proposed project. 3. The documents and all material, which constitute the record upon which this decision was based, are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach, California. 4. On the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level. 5. The City Council 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. Therefore, to the fullest extent permitted by law, applicant and property owner shall defend, indemnify, release and hold harmless the 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 the project, the project's approval based on the City's CEQA determination and /or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. 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, or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. SECTION 3. FINDINGS. 1. Amendments to the General Plan, Coastal Land Use Plan, and Zoning Code are legislative acts and neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. However, amendments of the Coastal Land Use Plan must be found consistent with the Coastal Act to be certified by the California Coastal Commission. 2. The requested GPA and resulting land use change is compatible with the existing surrounding uses and planned land uses identified by the General Plan because the project would introduce residential land uses on a property that abuts 3355 Via Lido, which is already designated for residential land use. Additionally, the proposed amendment from PI to RM will be compatible with adjacent residential properties to the east, religious institutional use to the south, and commercial uses to the west. 3355 Via Lido is an unusually shaped parcel and the proposed amendment will create a larger shaped parcel making development more efficient. The Lido Village Subarea has been characterized by underperforming retail uses within the past decade and additional residential units would support commercial properties within the area. 3. The requested GPA from PI to RM does not eliminate existing or future land uses to the overall detriment of the community given the site's small size, location, and surrounding uses. The site is developed with buildings designed for a religious institution, the site does not provide adequate parking, and it is reliant upon off - site and public street parking. Maintaining the site's PI land use designation would maintain the inadequate parking arrangement. The existing buildings would require extensive alterations to accommodate other visitor - serving uses or other institutional uses under the existing PI land use designation. 4. The requested GPA and resulting land use change is consistent with other applicable land use policies of the General Plan. Consistent with General Plan Policy 6.9.1 (Priority Uses) for Lido Village, the project site is located in an area of Lido Village where multi - family uses are planned and encouraged, The size, density and character of the proposed dwelling units complement the existing land uses in the project area and include design elements consistent with Land Use Element Policy 5.1.9 (Character and Quality of Multi - Family Residential) that require multi - family dwellings to be designed to convey a high quality architectural character. Consistent with General Plan Policy LU 6.2.1 (Residential Supply), the provision of 23 townhomes on the site would help the City meet its regional housing needs. 5. The requested CLUP amendment is necessary to maintain consistency with the recommended GPA land use designation. The CLOP amendment is consistent with other applicable policies of the CLUP related to land use, public access, and resource protection. The project would not limit the potential to place coastal - development and coastal - related land uses within Lido Village given the site's location and existing adjacent and planned uses. The site is separated from Newport Bay by Via Lido and private development and the majority of the 1.2 acre site is designated for residential use. The site is also separated from nearby commercial uses by public roadways with the exception of the small commercial property to the north of the project site. The site does not provide public access to the coast and development will reduce the site's current demand for public parking with the elimination of the existing private institutional use that does not provide off - street parking. The proposed Planned Community (PC) Zoning would apply appropriate site and project specific setbacks and height limits to the project site given the site's urban location and all required parking is provided on- site. The site is fully developed and does not support any natural resources and all potential environmental impacts associated with the project are appropriately addressed through standard building permit procedures and the mitigation measures identified in the Mitigated Negative Declaration. 6. The 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. The land use change implements the goals and policies of the General Plan for growth and change, residential supply, and priority uses identified for the Lido Village Sub -Area by accommodating multi - family residential development within the Lido Triangle. The proposed project does not further limit the potential to place coastal- dependant, coastal- related, visitor - serving, or recreational land uses within lido Village and the project would not conflict with Policy 2.4.1 -3 of the Coastal Land Use Plan. SECTION 4. DECISION. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: The City Council of the City of Newport Beach hereby approves General Plan Amendment Permit No. GP2012 -005 as depicted in Exhibit "A" and Local Coastal Program Amendment No. LC2013 -001 as depicted in Exhibit "B ", which is attached hereto and incorporated by reference. 2. The City Council of the City of Newport Beach hereby authorizes submittal of the Local Coastal Program CLUP Amendment to the California Coastal Commission for review and approval. 3. The City's certified Coastal Land Use Plan, including this amendment shall be implemented in a manner fully in conformity with the Coastal Act. 4. These actions shall take effect automatically upon Coastal Commission action, unless the Coastal Commission proposes suggested modifications to the proposed Coastal Land Use Plan Amendment. In the event that the Coastal Commission approves the Amendment with suggested modifications, City approval of the modified Amendment shall require a separate action by the City Council following Coastal Commission approval. In this case, the Amendment would become effective upon the effective date of the Coastal Commission certification of the modified Amendment. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 12th day of November, 2013. Keith D. Curry, Mayor ATTEST: j" r bn�= Leilani I. Brown, `pity Clerk Exhibit "A" General Plan Land Use Map Amendment Exhibit "B" Coastal Plan Land Use Plan Amendment STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani t. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2013 -77 was duty and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 121h day of November, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13`" day of November, 2013. City Clerk Newport Beach, California (Seal)