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Home My WebLink About2010-105 - General Plan Amendment No. 2010-005RESOLUTION NO. 2010 -105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING OF GENERAL PLAN AMENDMENT NO. GP2010 -005 ELIMINATING THE MU -W3 LAND USE CATEGORY; CHANGING THE LAND USE CATEGORY OF 2102 W. OCEAN FRONT, 2306 W. OCEAN FRONT, 3366 VIA LIDO, AND LIDO PENINSULA (INCLUDING SHIPYARD WAY, ANCHORAGE WAY, THE RHINE, ANZA ST, BEACH DR, CABRILLO ST, NOMAD ST, DRAKE ST, EL PASEO ST, BOLIVAR ST, FREMONT ST, AND CHANNEL ROAD); ESTABLISHING ANOMALY #78 STATISTICAL AREA B5 (PA2010 -052) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. 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 "). 2. 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. 3. On February 5, 2009, the Coastal Commission certified Coastal Land Use Plan Amendment No. LC2007 -001 with suggested modifications as consistent with Chapter 3 of the Coastal Act (NPB_MAJ_1 -07). 4. On July 14, 2009, the City Council adopted Resolution No. 2010 -053 accepting all Coastal Commission suggested modifications and re- adopting Coastal Land Use Plan Amendment No. LC2007 -001 to incorporate all of the suggested modifications within the Coastal Land Use Plan. 5. On July 14, 2009, the City Council adopted Resolution No. 2010 -054 initiating a General Plan Amendment to make the Land Use Element of the General Plan consistent with Coastal Land Use Plan Amendment No. LC2007 -001. 6. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on February 10, 2010. 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 response period ended on July 28, 2010, and no requests for consultation were received. 7. A public hearing was held on August 19, 2010, 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. At the conclusion of the public hearing, the Planning Commission voted unanimously (6 ayes, 0 noes) to adopt Planning Commission Resolution No. 1820 recommending City Council adoption of the subject General Plan Amendment. 8. A public hearing was held on September 14, 2010, 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 City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project results from the Coastal Commission's review and certification of the City's Coastal Land Use Plan, which is part of a certified regulatory program and is exempt from California Environmental Quality Act pursuant to California Code of Regulations § 15251. The City's action to amend the General Plan to make it consistent with the Coastal Commission's certification of the Coastal Land Use Plan is exempt from the California Environmental Quality Act pursuant to California Code of Regulations §15265. SECTION 3. FINDINGS. 1. The proposed amendments of the Land Use Element of the General Plan are necessary to provide consistency between the Coastal Land Use Plan and the General Plan. 2. General Plan Amendment No. GP2010 -005 results in the following increases in residential units, peak hour trips and /or non - residential floor area: Charter Section 423 Increases attributable to GP2001 -005 (Stat. Area 135) Increase DU Increase AM Increase PM Increase non- residential area 0 45 61 15,103 No prior amendments Pursuant to Charter Section 423 (Measure S) and Council Policy A -18 (Measure S Guidelines), General Plan Amendment No. GP2010 -001 is classified as a "Minor Amendment" and no vote of the electorate is required. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby approves General Plan Amendment No. GP2010 -005 as shown in Attachment A. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the September 14, 2010, by the following vote to wit: ATTEST: CITY CLERK Selich, Rosansky, Henn, Webb, AYES, COUNCIL MEMBERS Gardner, Daigle, mayor Curry NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None A6: � MAYOR ATTACHMENT A General Plan Amendment No. GP2010 -005 Statistical Area B5 Eliminate the MU -W3 Land Use Category 2102 W. Ocean Front, MAP ID 4, CV (Visitor Serving Commercial) 0.5 FAR 2306 W. Ocean Front, MAP ID 6 CV (Visitor Serving Commercial) 0.5 FAR 3366 Via Lido, MAP ID 2 RM (Multi -Unit Residential) 20 du /ac 670 Lido Park Drive, MAP ID 7a CM (Recreational and Marine Commercial) 0.5 FAR 700 Lido Park Drive, MAP ID 7b RM (Multi -Unit Residential) 34 du 710 Lido Park Drive (including Anza St, Beach Dr, Cabrillo St, Nomad St, Drake St, El Paseo St, Bolivar St, Fremont St), MAP ID 7c RM (Multi -Unit Residential) 217 du 101 -351 Shipyard Way (including Anchorage Way, The Rhine, and Channel Road), MAP ID 7d CM (Recreational and Marine Commercial) & Establish Anomaly #78 Note: The boundary between Map ID 7c and ID 7d (RM (Multi -Unit Residential) 217 du and the CM (Recreational and Marine Commercial) with Anomaly #78] as depicted on the attached exhibit is approximate and should only be used for representational purposes. Existing commercial uses are within the CM designation and existing residential uses including accessory improvements are within the RM designation Land Use Element Land Use Plan Categories Land Use Category Uses Mixed -Use Water 2— The MU -W2 designation is applied to waterfront locations MU -W2 in which marine - related uses may be intermixed with buildings that provide residential on the upper floors. Permitted uses include those permitted by the CM, CV, and MU -V designations. Free - standing residential shall not be permitted. Density/ intensity Mixed -Use Buildings: floor area to land ratio of 1.25; where a minimum floor area to land ratio of 0.35 and maximum of 0.5 shall be used for nonresidential purposes and maximum of 0.75 for residential. In Lido Marina Village, the maximum floor area to land ratio shall be 1.5; where a minimum floor area to land ratio of 0.35 and maximum of 0.7 shall be used for nonresidential purposes and a maximum of 0.8 for residential. Nonresidential buildings: floor area to land area ratio of 0.5. Residential. .Re -den �I � o Development shall amwpy dwell ng unit is allowed far eaGh n nnn r�oa sf of !at SEMI - PUBLIC, AND INSTITUTIONAL PUBLIC FACILITIES —PF The PF designation is intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. Not applicable. PRIVATE INSTITUTIONS— The PI designation is intended to provide for privately Floor to land area ratio or PI owned facilities that serve the public, including places for cumulative development religious assembly, private schools, health care, cultural indicated on Land Use Plan. institutions, museums, yacht clubs, congregate homes, and comparable facilities. OPEN SPACE —OS The OS designation is intended to provide areas for a Open spaces may include range of public and private uses to protect, maintain, and incidental buildings, such as enhance the community's natural resources. maintenance equipment and supply storage, which are not traditionally included in determining intensity limits. Newport Beach General Plan Land Use Element Table ILU2 Anomaly Locations Anomaly Statistical Land Use Development Number Area Designation Limit Development Limit Other Additional Information 68 L3 PI 71,150 69 K2 CN 75,000 70 02 RM -D Parking Structure for Bay Island (No Residential Units) 71 L1 CO -G 11,630 72 L1 CO -G 8,000 73 A3 CO -M 350,000 74 L1 PR 35,000 City Hall, and the administrative 75 L1 PF offices of the City of Newport Beach, and related parking, pursuant to Section 425 of the City Charter. 1.0 FAR permitted, provided all four 76 H1 CO -G 0.5 FAR legal lots are consolidated into one parcel to provide unified site design 77 H4 CV 240 000 157 hotel rooms (included in total square footage) 78 B5 CM 13y LU 4.2 Prohibition of New Residential Subdivisions Prohibit new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan (GPA). Lots that have been legally merged through the Subdivision Map Act and City Subdivision Code approvals are exempt from the GPA requirements and may be re- subdivided to the original underlying legal lots. This policy is applicable to all Single Unit, Two Unit, and Multiple Unit Residential land use categories. qmp 6.1) LU 4.3 Transfer of Development Rights Permit the transfer of development rights from a property to one or more other properties when: a. The donor and receiver sites are within the same Statistical Area. b. The reduced density /intensity on the donor site provides benefits to the City such as, but not limited to, the (1) provision of extraordinary open space, public visual corridor(s), parking or other amenities; (2) preservation of a historic building or property or natural landscapes; (3) improvement of the area's scale and development character; (4) consolidation of lots to achieve a better architectural design than could be achieved without lot consolidation; and /or (5) reduction of local vehicle trips and traffic congestion; c. The increment of growth transferred to the receiver site complements and is in scale with surrounding development, complies with community character and design policies contained in this Plan, and does not materially degrade local traffic conditions and environmental quality. r Newport Beach General Plan .. 'i PF R ,,, ST V 20 DU /AC RM 217 DU F <q 9 Rfy $o �Fs � �7a sr n a1 0 GP 2010 -005 Statistical Area B5 U` w Lido /McFadden Map_2_Lido_Mafadden.mxd August/2010 500 1,000 o Feet e 40 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. 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. 2010 -105 was duly 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 14th day of September, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of September, 2010. 61t� -�, City Clerk Newport Beach, California (Seal)