HomeMy WebLinkAbout2012-12 - GPA for Newport Beach Country ClubRESOLUTION NO. 2012 -12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING OF GENERAL PLAN
AMENDMENT NO. GPA2008 -005 FOR THE NEWPORT BEACH
COUNTRY CLUB PROPERTY LOCATED AT 1600 EAST COAST
HIGHWAY (PA2008 -152)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by The Newport Beach Country Club, Inc., with respect to
property located at 1600 East Coast Highway, and legally described as Parcels 1 and 3
of Parcel Map No. 79 -704 and a Portion of Back Bay Drive as Shown on Parcel Map No.
79 -704, requesting an approval to redevelop the existing golf clubhouse of the Newport
Beach Country Club. The following approvals are requested or required in order to
implement the project as proposed:
a. A General Plan Amendment to increase the allowable development limit in
Anomaly No. 74 in Statistical Area L1 (Newport Center /Fashion Island) of the
General Plan Land Use Element by 21,000 gross square feet, from 35,000 to
56,000 gross square feet.
b. A Planned Community Development Plan adoption to provide development
standards and design guidelines for the golf course and its ancillary uses,
pursuant to Chapter 20.35 of the Municipal Code.
C. A Site Development Review to allow the construction of 54,819 square -foot golf
clubhouse with the associate parking lot and maintenance facility, pursuant to
the Section 4.3 of the Newport Beach Country Planned Community
Development Plan.
d. A Limited Term Permit (Temporary Structure and Uses) for the temporary
use /structure during the clubhouse reconstruction, pursuant to Section
20.60.015 of the Municipal Code.
e. A Development Agreement pursuant to Section 15.45.020.A.2.c of the
Municipal Code which requires a development agreement as the project
includes amendments to the General Plan and Zoning Code and construction of
new non - residential development in Statistical Area L1 (Newport
Center /Fashion Island).
2. The application was deemed complete on October 23, 2008; and pursuant to Ordinance
No. 2010 -21, the application is being considered and evaluated pursuant to the Zoning
Code in effect prior to November 25, 2010.
The Planning Commission held public hearinK on August 4, 2011, October 20, 2011,
and November 17, 2011. At the November 17 hearing with a vote of 3 -2, the Planning
Commission adopted Resolution No. 1862, recommending the City Council to:
Adopt Mitigated Negative Declaration No. ND2010 -010 and the Mitigation
Monitoring and Reporting Program;
b. Approve General Plan Amendment No. GP2008 -005, Development Agreement
No. DA2010 -005, and Limited Term Permit No. XP2011 -005 as proposed by the
applicant;
C. Adopt an amendment to Planned Community Development Plan No. PC2005 -002
(staffs alternative Planned Community Development Plan) reflecting the increase
in intensity for the larger golf clubhouse of 56,000 gross square feet; and
Approve Site Development Review No. SD2011 -003 as proposed by the
applicant.
4. The City Council public hearing was held on January 24, 2012, 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.
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 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
were adopted by City Council on January 24, 2012, by adopting certain CEQA
determinations containing within Resolution No. 2012 -11, which are hereby
incorporated by reference.
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.
SECTION 3. REQUIRED FINDINGS.
The proposed project is consistent with the General Plan and Coastal Land Use Plan
as follows:
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a. The project site is located within the Statistical Area L1 of the General Plan
Land Use Element. The Land Use Element designates the subject property
Parks and Recreation (PR), which is intended for active public or private
recreational use. Permitted uses include parks (both active and passive), golf
courses, marina support facilities, aquatic facilities, tennis clubs and courts,
private recreation, and similar facilities. The proposed redevelopment of the golf
clubhouse consistent with the proposed alternative planned community
development plan thereby would be consistent with this designation.
b. The General Plan limits total development on the subject site to 35,000 square
feet per Anomaly No. 74. A general plan amendment to increase the maximum
floor area to 56,000 square feet, a net increase of 21,000 square feet, is
proposed in order to accommodate the proposed new golf clubhouse.
C. General Plan Policy LU 3.2 encourages the enhancement of existing
neighborhoods, districts, and corridors, by allowing for re -use and infill with
uses that are complementary in type, form, scale, and character. The policy
states that changes in use and /or density /intensity should be considered only in
those areas that are economically underperforming, are necessary to
accommodate Newport Beach's share of projected regional population growth,
improve the relationship and reduce commuting distance between home and
jobs, or enhance the values that distinguish Newport Beach as a special place
to live for its residents. The scale of growth and new development shall be
coordinated with the provision of adequate infrastructure and public services,
including standards for acceptable traffic level of service.
The proposed General Plan Amendment for increased intensity is consistent
with General Plan Policy LU 3.2 as follows:
1. The increased intensity does not impact Newport Beach's share of
projected regional population growth. The existing golf clubhouse was
constructed in the 1950's and no longer meets the needs of its
membership or the Newport Beach Community. National and
international golf tournaments are held at the Newport Beach Country
Club as well as numerous local and regional charitable events which
distinguish Newport Beach from other destinations in the southern
California area. The reconstruction and modernization of the clubhouse
will enable the Newport Beach Country Club to retain its reputation as a
world class sporting venue.
2. The increase in intensity would enhance the values that distinguish
Newport Beach as a special place to live for its residents. The proposed
reconstruction represents a significant investment to upgrade an aging
facility with modern amenities for Newport Beach Country Club members
and the greater Newport Beach community during special events, while
retaining both active and passive open space in an urban environment.
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d. General Plan Policy LU 5.6.1 requires that buildings and properties be designed
to ensure compatibility within and as interfaces between neighborhoods,
districts, and corridors. An alternative planned community district development
plan has been prepared that contains development regulations ensuring
compatibility with the surrounding uses. The project, therefore, is consistent
with this policy.
e. General Plan Policy 6.14.4 reinforce the original design concept for Newport
Center by concentrating the greatest building mass and height in the
northeasterly section along San Joaquin Hill Roads, where the natural
topography is highest and progressively scaling down building mass and height
to follow the lower elevations toward the southwesterly edge along Coast
Highway.
The proposed General Plan Amendment for increased intensity is consistent
with General Plan Policy LU 6.14.4 in that the proposed reconstruction of the
golf clubhouse will allow for the expansion of an existing use allowed by the
Land Use Element of the General Plan. The proposed alternative planned
community district development plan adheres to the original design concept for
Newport Center by not creating a building that is exceedingly high in the lower
area along Coast Highway. The golf clubhouse building height will not exceed
the nonresidential, nonshoreline 32/50 -foot height limit area.
f. The Coastal Land Use Plan designates the subject site as Parks and
Recreation (PR) and is consistent with the General Plan Land Use designation.
The adoption of the amendment to the planned community development plan
will ensure building design and siting regulations will protect coastal resources,
including protection of views, and public access through height, setback, floor
area, lot coverage, building bulk, and improved pedestrian access in
accordance with Policy 2.2.2 -4. The proposed golf clubhouse of the Newport
Beach Country Club will continue to provide visitor - serving and recreational
facilities as required by Policy 2.3.2 -2. The proposed redevelopment of the
project site is therefore consistent with the Coastal Land Use designation.
g. The subject property has a zoning designation of Planned Community (PC -47).
This PC zoning designation was adopted in 1997 by Ordinance 97 -10, as a part
of the City -wide amendment to the districting maps, in order to be consistent
with the 1988 General Plan Land Use Element and Zoning Code. The City later
assigned the PC with a number of 47 for tracking purposes. A Planned
Community Development Plan (development regulations), was not adopted
when the PC District zoning designation was assigned to the subject property.
h. A planned community development plan (PCDP) is proposed for the Golf Club
site and not to include the entire area within the area designated of PC 47. The
PCDP contains necessary development regulations to accommodate the
applicant's project.
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2. Charter Section 423 Analysis — Charter Section 423 requires that all proposed General
Plan Amendments be reviewed to determine if the square footage (for non - residential
projects), peak hour vehicle trip, or dwelling units thresholds would be exceeded as
the means to determine whether a vote by the electorate would be required to approve
the General Plan Amendment.
The subject property is located within Statistical Area L1 of the General Plan Land Use
Element. There are no prior general plan amendments to this statistical area since
2006 when the General Plan Update was adopted. The proposed General Plan
amendment would be the first amendment for this statistical area and would result in
an increase of 21,000 gross square feet (GSF) of non - residential floor area. No
increase in residential development is being proposed. There would be no increase to
A.M. nor P.M. peak hour trip as the overall size of the golf course remains the same
and the proposed clubhouse does not have separate trip rates and ITE predicts traffic
based upon the number of acres and not floor area. Pursuant to Council Policy A -18,
voter approval is not required as the proposed General Plan Amendment represents
an increase of 21,000 square feet, no increase in residential development, and no
increase to A.M. nor P.M. peak hour trip. The project, therefore, does not exceed
Charter Section 423 thresholds as to require a vote of the electorate.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council of the City of Newport Beach does hereby approve General Plan
Amendment No. GP2008 -005 to increase the maximum allowable development limit in
Anomaly No. 74 in Statistical Area L1 (Newport Center /Fashion Island) of the General
Plan Land Use Element by 21,000 gross square feet (from 35,000 square feet to
56,000 square feet), as depicted in Exhibit "A" attached hereto and incorporated by
reference.
2. This resolution shall take effect immediately upon adoption.
3. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
4. This resolution was approved, passed and adopted at a regular meeting of the City
Council of the City of Newport Beach, held on the 24th day of January, 2012, by the
following vote, to wit:
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MAYOR
ATTEST-
Leilani Brown, City Clerk
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EXHIBIT "A"
REVISED TABLE LU2
ANOMALY LOCATIONS
Anomaly
Statistical
Land Use
Development
Number
Area
Designation
Limits
Development Limit Other
Additional Information
74
L1
PR
3-&'M
56,000
City Hall, and the administrative offices of
75
L1
PF
the City of Newport Beach, and related
parking, pursuant to Section 425 of the
City Charter.
1.0 FAR permitted, provided all four legal
76
H1
CO -G
0.5 FAR
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
139,840
Development limit of 19,905 sq.ft.
79
H4
CG
0.3/0:5
permitted, provided all six legal lots are
consolidated into one parcel to provide
unified site design
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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. 2012 -12 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 241h day of
January, 2012, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle
Noes: Mayor Gardner
Absent: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of January, 2012.
M a k u•
City Clerk
Newport Beach, California
(Seal)