The URL can be used to link to this page

Home My WebLink About2012-25 - 200 30th St. Approval General Plan & Coastal Land Use Plan AmendmentRESOLUTION NO. 2012 -25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. GP2011 -010 AND COASTAL LAND USE PLAN AMENDMENT LC2011 -006 FOR PROPERTY LOCATED AT 200 301h STREET (PA2011 -209) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Pete Fenton, representing Beach Coin Laundry LLC, with respect to property located at 200 30th Street, and legally described as Lot 1, Block 129 of the Lake Tract, requesting approval of a General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment. 2. The applicant proposes to change the General Plan Land Use Element category from Two -Unit Residential (RT) to Visitor Serving Commercial (CV), the Coastal Land Use Plan designation from Two -Unit Residential (RT -E) to Visitor Serving Commercial (CV- A), and the Zoning District from Two -Unit Residential (R -2) to Commercial Visitor - Serving (CV). 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 "), resulting in the land use designation of the subject property as Two - Unit Residential. 4. 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. The Coastal Land Use Plan designation for the property was Two -Unit Residential. 5. On January 28, 2008, the City Council adopted an 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, and subsequent Zoning Code Update that became effective on November 25, 2010. 6. 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 zoning designation of the subject property was changed from Two Family Residential (R -2) District to Two -Unit Residential (R -2). The result of that action rendered commercial uses located within residential districts nonconforming. In accordance with Ordinance No. 2008 -05, mentioned above, those properties are subject to abatement. City Council Resolution No. 2012 -25 Page 2 7. The subject property is located within the coastal zone. The requested change of the Coastal Land Use Plan designation is from Two -Unit Residential (RT -E) to Visitor Serving Commercial (CV -A) and will not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission. 8. 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 December 16, 2011. 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 March 16, 2012. No requests for consultation were received. 9. A public hearing was held on February 9, 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 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. 1869 recommending City Council adoption of the proposed General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment. 10. A public hearing was held on March 27, 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. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act ( "CEQA ") under Class 1 (Existing Facilities). 2. The proposed amendments are exempt because they do not entail alteration to the subject property and are bringing the General Plan land use designation, Coastal Land Use Plan designation and Zoning district into consistency with the exiting development and use of the property. 3. The City's action to amend the Coastal Land Use Plan is exempt from the CEQA pursuant to California Code of Regulations §15265 (Statuary Exemptions — Adoption of Coastal Plans and Programs). 4. 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, City Council Resolution No. 2012 -25 Page 3 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, 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 related (directly or indirectly) to City's approval of the proposed Beach Coin Laundry, LLC Property Amendments (PA2011 -209) including, but not limited to, General Plan Amendment No. GP2011 -010, Coastal Land Use Plan Amendment LC2011 -006, and Code Amendment No. CA2011 -013. 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. SECTION 3. FINDINGS. 1. The proposed amendments of the Land Use Element of the General Plan, the Coastal Land Use Plan and the Zoning Code are necessary to implement the property owner request. 2. 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 Visitor Serving Commercial (CV). 3. 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 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. 4. This is the third General Plan Amendment that affects Statistical Area B5 since the General Plan update in 2006. Although there is no increase in the number of dwelling units, the amendment results in 1,187.5 additional square feet of non - residential floor area. The additional floor area results in an increase of 2.68 AM peak hour trips and an increase 3.67 PM peak hour trips based on the commercial and residential housing trip rates reflected in Council Policy A -18. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required. 5. 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 City Council Resolution No. 2012 -25 Page 4 with the purpose and intent of the Commercial Visitor - Serving (CV) Zoning District of the Newport Beach Municipal Code. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. Amendments to the General Plan and Local 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. The City Council of the City of Newport Beach hereby approves General Plan Amendment No. GP2011 -010 as shown in attached Exhibit A and Coastal Land Use Plan Amendment No. LC2011 -006 as shown in attached Exhibit B. 3. The City Council of the City of Newport Beach hereby authorizes submittal of the Local Coastal Land Use Plan Amendment to the California Coastal Commission for formal review and approval. 4. The amendments authorized under this resolution shall not become effective until the effective date of the California Coastal Commission approval. Passed and adopted by the City Council of Newport Beach at a regular meeting held on March 27, 2012. ATTEST: n koftiv LEILANI BROWN, -CITY CLERK NANCY GARDK F, MAYOR City Council Resolution No. 2012 -25 Page 5 EXHIBIT A NO NIII� i r' Two Unit Residential (RT) \� \ 78 Proposed Land Use: \ ,`\ Visitor Seving Commercial . \\ ....\, (CV 0.5 FAR) Yt� *�N Nq '�� ' `rni lllfrltiNlN = . :11 fax. 't!1lS t, I jj 2, 5W 0• General Plan Amendment N 11 30th r -. r- 1 : *.4wl n,c a •rP�a� LC2011-0W.wd MaiW2D12 CN PF City Council Resolution No. 2012 -25 Page 6 LC2011 -006 (PA2011 -209) Coastal Land Use Plan Amendment 200 30th Street 0 250 500 Feet e i l n,c a •rP�a� LC2011-0W.wd MaiW2D12 CN PF City Council Resolution No. 2012 -25 Page 6 LC2011 -006 (PA2011 -209) Coastal Land Use Plan Amendment 200 30th Street 0 250 500 Feet e STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. 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 -25 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 27'" day of March, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner Noes: None Absent: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of March, 2012. I City Clerk Newport Beach, California (Seal)