Loading...
HomeMy WebLinkAbout5.0 - Former City Hall Land Use and Zoning Amendments - PA2012-031 CITY OF NEWPORT BEACH Planning Commission STAFF REPORT November 5, 2015 Agenda Item No. 5 SUBJECT: Former City Hall Complex Amendments (PA2012-031) 3300 Newport Boulevard 47532 nd Street 1. General Plan Amendment No. GP2012-002 2. Coastal Land Use Plan Amendment No. LC2012-001 3. Zoning Code Amendment No. CA2012-003 APPLICANT: City of Newport Beach OWNER: City of Newport Beach PLANNER: James Campbell, Principal Planner 949-644-3210, jcampbell@newportbeachca.gov PROJECT SUMMARY: Modification of the General Plan, Coastal Land Use Plan, and Zoning Code amendments (Amendments) previously approved by the City for the former City Hall Complex making them consistent with the changes approved by the California Coastal Commission. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. — recommending City Council approval of General Plan Amendment No. GP2012-002, Coastal Land Use Plan Amendment No. LC2012- 001, and Zoning Code Amendment No. CA2012-003 as modified to be consistent with the Coastal Commission's suggested modifications to LC2012-001 (Attachment No. 1). INTRODUCTION In September of 2014, the City Council approved the 130-room, Lido House Hotel project to replace the former City Hall Complex located at the northeast corner of Newport Boulevard and 32nd Street. The City's approval included amendments of the General Plan, Coastal Land Use Plan, and Zoning Code. The land use categories and zoning were changed from Public Facilities to mixed use, contingent upon approval of the Coastal Land Use Plan (CLUP) amendment by the California Coastal Commission. The CLUP amendment also included changes to Policy 4.4.2-1 allowing for higher building heights. 1 Former City Hall Complex Amendments (PA2012-031) Planning Commission, November 5, 2015 Page 2 On October 7, 2015, the Coastal Commission approved the proposed CLUP amendment with suggested modifications (Attachment No. 2) and the Coastal Development Permit for the 130-room, Lido House Hotel. City staff represented to the Coastal Commission that the suggested modifications would be acceptable and would require subsequent adoption by the City Council. The City should accept the suggested modifications word-for-word as adopted by the Coastal Commission. Proposing additional changes at this point would require the submission of a new application to the Coastal Commission and lead to delays in construction of the hotel. DISCUSSION Coastal Land Use Plan Changes The Coastal Commission modified the proposed CLUP land use category from Mixed Use (MU) to Visitor-Serving Commercial, Lido Village (CV-LV). The land use category proposed by the City for the project site was: Table . Use Plan Categories Land Use Category Uses Density/Intensity The MU category is intended to provide for 98,725 sf of hotel the development a mix of uses, which may Mixed Use—MU include general, neighborhood or visitor- serving commercial, commercial offices, Municipal facilities are not visitor accommodations, mixed-use restricted or included in any development, and/or civic uses. development limit. The Coastal Commission approved the following: . • Categories Land Use Gategory Uses Densit /Intensit The CV-LV category is intended to allow for a range of accommodations (e.g. hotels, 98,725 gross square feet not CV-LV motels, hostels), goods, and services including a fire station. A fire Visitor-Serving intended to primarily serve visitors to the station may not occupy more Commercial– City of Newport Beach. A fire station is than 10%of the total project Lido Village allowed in its current location. Limited Use site. Overnight Visitor Accommodations and residences are not allowed. The CV-LV land use category allows for visitor-serving commercial uses including visitor accommodations and the existing or future fire station. Timeshares or other fractional ownership accommodations and residential uses would be prohibited and the intensity limits for the hotel and fire station also did not change. Staff has no concerns with these changes. 2 Former City Hall Complex Amendments (PA2012-031) Planning Commission, November 5, 2015 Page 3 Coastal Land Use Policy 4.4.2-1 requires that the City maintain the 35-foot height limitation in the Shoreline Height Limitation Zone. Exceptions for Marina Park' and the Back Bay Landing2 projects have been approved by the City. The Coastal Commission modified the proposed language further limiting structure height. The proposed exemption language for the project site, as approved by the City, was: Mixed Use (MU) area located at 3300 Newport Boulevard (former City Hall Complex): Buildings and structures up to 55 feet in height, provided it is demonstrated that development does not materially impact public views. Peaks of sloping roofs and elevator towers may exceed 55 feet by up to 5 feet and architectural features such as domes, towers, cupolas, spires, and similar structures may exceed 55 feet by 10 feet. The purpose of allowing buildings, structures and architectural elements to exceed 35 feet is to promote vertical clustering resulting in increased publically accessible on-site open space and architectural diversity while protecting existing coastal views and providing new coastal view opportunities. The Coastal Commission approved the following: Former City Hall Complex at 3300 Newport Blvd and 475 32nd Street (the site): • At least 75% of the total area of the site shall be 35 feet in height or lower. • Buildings and structures up to 55 feet in height with the peaks of sloping roofs and elevator towers up to 60 feet in height, provided it is demonstrated that development does not adversely impact public views. • Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height. • Buildings and structures over 35 feet in height, including architectural features, shall not occupy more than 25 percent of the total area of the site. • Buildings and structures over 45 feet in height, architectural features, shall not occupy more than 15 percent of the total area of the site. • With the exception of a fire station, all buildings and structures over 35 feet in height, including architectural features, shall be setback a minimum of 60 feet from the Newport Boulevard right-of-way and 70 feet from the 32nd Street right-of-way. • A fire station may be located in its current location and may be up to 40 feet in height. A fire station may include architectural features up to 45 feet in height to house and screen essential equipment. Limited exemption for the lighthouse architectural feature approved by the Coastal Commission 2 Limited exemption for a public viewing tower pending review by the Coastal Commission Former City Hall Complex Amendments (PA2012-031) Planning Commission, November 5, 2015 Page 4 The modified language does not change the approved Lido House Hotel project and will facilitate a future reconstructed fire station. As a result, staff has no concerns with the changes. General Plan and Zoning When the City approved the CLUP amendment to mixed-use, the General Plan and Zoning Code were amended in a consistent fashion. Given the change to the CLUP, the General Plan land use category and Zoning Code need to be modified to be consistent. Given that the intensity of use is not changing, there are no issues related to Charter Section 423 (Measure S). Staff has also made no changes to the allowed uses within the zoning district applicable to the project. Staff has modified the development standards relative to the more restrictive height limits imposed by the Coastal Commission. The specific changes are included with the draft resolution (Attachment 1). Environmental Review The City prepared and certified an Environmental Impact Report (EIR) (SCH#2013111022) for the proposed Lido House Hotel project in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Section 15000 et seq.). The analyses showed that the proposed project would not result in any significant and unavoidable impacts and all potential impacts would be reduced to a less than significant level with the incorporation of several mitigation measures. The project included amendments of the General Plan, Coastal Land Use Plan and Zoning Code modifying the land use designations, zoning district, and CLUP Policy 4.4.2-1. Although the proposed amendments have changed from "mixed-use" to "visitor-serving commercial," the modified amendments do not change the development potential or allowed uses. Therefore, modifying the previously approved amendments would not result in any potential environmental impact not previously considered in the Lido House Hotel EIR. Public Notice Notice of this public hearing was published in the Daily Pilot, mailed to all owners of property within 450 feet of the boundaries of the site including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. 4 Former City Hall Complex Amendments (PA2012-031) Planning Commission, November 5, 2015 Page 5 Prepared by: Submitted by: James Campbell, Principal Planner *aWisnesl(i,r ICP, Deputy Director ATTACHMENTS 1 . Draft Resolution Recommending City Council Approval of Modified Amendments 2. Coastal Commission action letter :10/0615 V� QP �P Attachment No. 1 Draft Resolution Recommending City Council Approval of Modified Amendments V� QP �P g RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING ACCEPTANCE OF THE SUGGESTED MODIFICATIONS FROM THE CALIFORNIA COASTAL COMMISSION (LCP-5- NPB-14-0831-3) AND CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2012-002, COASTAL LAND USE PLAN AMENDMENT NO. LC2012-001, ZONING CODE AMENDMENT NO. CA2012-003 FOR THE FORMER CITY HALL COMPLEX LAND USE AND ZONING AMENDMENTS (PA2012-031) LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND ST. THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: STATEMENT OF FACTS 1. On April 24, 2012, the City of Newport Beach initiated amendments of the General Plan, Coastal Land Use Plan (CLUP), and Zoning Code (Amendments) with respect to the former City Hall Complex (Property), legally described in Exhibit A, located at the northeast corner of the intersection of Newport Boulevard and 32nd Street at 3300 Newport Boulevard and 475 32nd Street. 2. The Amendments would change the land use categories and zoning district from Public Facilities to Mixed Use. Additionally, the CLUP amendment would modify Policy 4.4.2-1 allowing buildings to exceed the 35-foot Shoreline Height Limit. 3. On September 9, 2014, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California, the City Council held a public hearing to consider the Amendments and a Final Environmental Impact Report prepared for the project. A notice of the time, place and purpose of the hearing was provided in accordance with CEQA and the Newport Beach Municipal Code. 4. On September 9, 2014, the City Council adopted Resolution No. 2014-80 certifying the Lido House Hotel Final Environmental Impact Report No. ER2014-003 (SCH No. 2013111022) to be in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K-3. 5. On September 9, 2014, the City Council adopted Resolution No. 2014-81 approving General Plan Amendment No. GP2012-002 and Coastal Land Use Plan Amendment No. LC 2012-001. These amendments were adopted contingent upon the approval by the California Coastal Commission. 6. On September 23, 2014, the City Council adopted Ordinance No. 2014-16 adopting Zoning Code Amendment No. CA2013-003. 7. On September 24, 2014, the City of Newport Beach submitted Coastal Land Use Plan Amendment No. LC 2012-001 (LCP-5-NPB-14-0831-3) to the California Coastal Commission. 8. On October 7, 2015, the California Coastal Commission certified the City's application request (LCP-5-NPB-14-0831-3) with suggested modifications to the proposed CLUP 9 Planning Commission Resolution No. Page 2 of 19 land use category and Policy 4.4.2-1. The suggested modifications changed the proposed CLUP land use category from Mixed-Use to Visitor-Serving Commercial, Lido Village. This change in policy language allows for the same range of allowed commercial uses as the City-approved amendment and prohibits all forms of timeshares or fractional ownership visitor accommodations the allowed uses. The modification also does not increase development intensity beyond what the City authorized. The suggested modifications to CLUP Policy 4.4.2-1 provided increased setbacks from streets and limited the area and size of structures that could exceed 35 feet in height. The modification of CLUP Policy 4.4.2-1 is more restrictive than the City-approved amendment but still allow the proposed Lido House Hotel. 9. On November 5, 2015, the Planning Commission held a public hearing in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California to modifications of the Amendments as a result of the Coastal Commission's action. A notice of the time, place and purpose of the aforesaid hearing was provided in accordance with Newport Beach Municipal Code. Evidence both written and oral was presented to and considered by the Planning Commission during the aforesaid hearing. NOW, THEREFORE, BE IT RESOLVED: 1. The suggested modifications to the CLUP amendment and the corresponding and consistent changes to the General Plan and Zoning Code are minor in nature and do not change intended uses or increase development intensity. The suggested modifications related to building height are more restrictive than the previously approved CLUP and Zoning Code amendments. The changes to the amendments do not represent a significant change to the Lido House Hotel project as considered in the certified Lido House Hotel EIR (SCH No. 2013111022). Therefore, all significant environmental concerns for the proposed changes to the land use and zoning amendments have been addressed in the previously certified environmental document. 2. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of General Plan Amendment No. GP2012-002 as depicted in Exhibit B, Coastal Land Use Plan Amendment No. LC2012-001 as depicted in Exhibit C, and Zoning Code Amendment No. CA 2012-003 as depicted in Exhibit D, which are attached hereto and incorporated by reference. PASSED, APPROVED AND ADOPTED THIS 5T" DAY OF NOVEMBER, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 10 Planning Commission Resolution No. Page 3 of 19 EXHIBIT A Legal Description LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL1: THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON"495.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL2: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" 11 Planning Commission Resolution No. Page 4 of 19 TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK"A"; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'1530" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 891530" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 5: LOTS ONE (2) AND TWO (2) IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH' AS SHOWN ON A MAP RECORED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA 12 Planning Commission Resolution No. Page 5 of 19 EXHIBIT B General Plan Amendment No. GP2012-002 (PA2012-031) A. Amend Table LU1 of the Land Use Element of the General Plan to add the following land use category: "Visitor-Serving Commercial, Lido Village (CV-LV) The CV-LV category is intended to allow for a range of accommodations (e.g. hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach. A fire station is allowed in its current location. Limited Use Overnight Visitor Accommodations and residences are not allowed." B. Amend Table LU-2 to add Anomaly Location #85 as shown in the following table: Table LU2 Anomaly Locations Anomaly Statistical Land Use Development Development Limit Additional Information Number Area Designation Limits Other Accessory commercial floor area is allowed in conjunction with a hotel and it is included within 85 B5 CV-LV 98,725 sf of hotel the hotel development limit. Municipal facilities are not restricted or included in any development limit. All existing provisions within Table LU-2 remain unchanged 13 Planning Commission Resolution No. Page 6 of 19 C. Amend Figure LU6 (Land Use Map) as it relates to 3300 Newport Boulevard & 475 32nd Street only as depicted in the following diagram: a -MU-W2 U-W2 aCG a 0 L TVIA MALAGA MU-1-14 MU-H4 CN : MU-H4 MU-H4 a �j MU-H4 MU-H4 ST 0 iso 300 General Plan Fee' Amendment e G P2012-002 Dwnment Neme:PA2012-03IGP Amendment CV Lido Hws All related maps or diagrams within the General Plan shall be amended to maintain consistency with the new land use category and Anomaly Location #85 as shown above. Additionally, any maps or diagrams within the General Plan that label the site as "City Hall" shall be removed from the General Plan. Labeling the new City Hall site as "City Hall" on any General Plan map or diagram is also authorized. 1.4 Planning Commission Resolution No. Page 7 of 19 EXHIBIT C Coastal Land Use Plan Amendment No. LC2012-001 (PA2012-031) A. Amend the Table 2.1.1-1 of the Coastal Land Use Plan add the following land use category: CategoriesTable 2.1.1-1 Land Use Plan Land Use Category Uses Density/Intensity The CV-LV category is intended to allow for a range of accommodations (e.g. hotels, 98,725 gross square feet not CV-LV motels, hostels), goods, and services including a fire station. A fire Visitor-Serving intended to primarily serve visitors to the station may not occupy more Commercial— City of Newport Beach. A fire station is than 10% of the total project Lido Village allowed in its current location. Limited Use site. Overnight Visitor Accommodations and residences are not allowed. All other existing provisions within Table 2.1.1-1 remain unchanged. 15 Planning Commission Resolution No. Page 8 of 19 B. Amend Coastal Land Use Plan Map 1, Figure 2.1.5-1, as it relates to 3300 Newport Boulevard & 475 32nd Street only as depicted in the following diagram: v� U MU-W\ \MU-W � n I \. I -A '✓/ RM-D IBI )BI PI- CG B GB --T i' E— MUIVIU-H RM CN MU-H MU-H MU W 30TH ST > z 2® 8 -W P Pte_ 29TH S O__ 26TH ST 150 Coastal Land Use Plan 0 Feet •Ts Amendment e J�O LC2012-001 e-A�►- Dw..m f Name.PA2012-031 LCP Amendment CV LV Lido Merin All related maps or diagrams within the Coastal Land Use Plan shall be amended to maintain consistency with the new land use category as shown above. Additionally, any maps or diagrams within the Coastal Land Use Plan that label the site as "City Hall" shall be removed from the Coastal Land Use Plan. Labeling the new City Hall site as "City Hall" on any Coastal Land Use Plan map or diagram is also authorized. 1( Planning Commission Resolution No. Page 9 of 19 C. Amend Coastal Land Use Policy 4.4.2-1 to add the following exception site: "Former City Hall Complex at 3300 Newport Blvd and 475 32nd Street (the site): • At least 75% of the total area of the site shall be 35 feet in height or lower. • Buildings and structures up to 55 feet in height with the peaks of sloping roofs and elevator towers up to 60 feet in height, provided it is demonstrated that development does not adversely impact public views. • Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height. • Buildings and structures over 35 feet in height, including architectural features, shall not occupy more than 25 percent of the total area of the site. • Buildings and structures over 45 feet in height, architectural features, shall not occupy more than 15 percent of the total area of the site. • With the exception of a fire station, all buildings and structures over 35 feet in height, including architectural features, shall be setback a minimum of 60 feet from the Newport Boulevard right-of-way and 70 feet from the 32nd Street right- of-way. • A fire station may be located in its current location and may be up to 40 feet in height. A fire station may include architectural features up to 45 feet in height to house and screen essential equipment." 17 Planning Commission Resolution No. Page 10 of 19 EXHIBIT D Section 1: Amend Section 20.14.020 (Zoning Districts Established) to add and establish the "CV-LV" Zoning District within Table 1-1 as follows with all other existing provisions of Section 20.14.020 and Table 1-1 remaining unchanged. Table 1-1 Commercial Zoning Districts Zoning Map Zoning Districts General Plan Land Use Designations Symbol Implemented by Zoning Districts CV-LV Commercial Visitor-Serving, CV-LV (Visitor-Serving Commercial- Lido Village Lido Village) Section 2: Amend Section 20.20.010 (Purposes of Commercial Zoning Districts) to add Subsection J as follows with all other existing provisions of Section 20.20.010 remaining unchanged: J. The CV-LV (Commercial Visitor-Serving-Lido Village) zoning district. This district applies to the former City Hall complex located at the northeast corner of the intersection of Newport Boulevard and 32nd Street. The CV-LV designation provides for a range of accommodations (e.g. hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach and a fire station. Limited Use Overnight Visitor Accommodations and residential uses are not allowed. Section 3: Amend Section 20.14.010 (Zoning Map Adopted by Reference) to change the zoning district of 3300 Newport Boulevard and 475 32nd Street from PF (Public Facilities) to CV-LV (Commercial Visitor-Serving—Lido Village) and establish Anomaly #85 as depicted in the following table and map. All related zoning maps or diagrams shall be amended to maintain consistency with the new zoning district. Additionally, any maps or diagrams within Zoning Code that label the site as "City Hall," said label shall be removed from the Zoning Map and labeling the site of the new City Hall located at 100 Civic Center Drive as "City Hall" on any Zoning Map or diagram is authorized. Anomaly Development Development Limit(Other) Additional Information Number UmItLsfl Accessory commercial floor area is allowed in conjunction with a hotel and it is included 85 98,725 sf of hotel within the hotel development limit. Municipal facilities are not restricted or included in any development limit. 12 Planning Commission Resolution No. Page 11 of 19 � V MU-W2 `\ MU-W2 R-2 i CC L PC CC R2 ✓ ( i UCG CN \ '91 F1 ST / . 0 150 300 nmmmmn�Feet Zoning Code Amendment CA2012-003 e Oooumen „ t Nmee:PA2012-031Cotle Amentlment CV LV Utlo House C' Planning Commission Resolution No. Page 12 of 19 Section 4: Amend Subsection C of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) to add allowed uses and establish permit requirements for the CV-LV zoning district within Table 2-5 as highlighted in yellow as follows with all other existing provisions of Section 20.20.020 remaining unchanged. Commercial Retail Zoning Districts Permit Requirements TABLE 2-5 P Permitted by Right ALLOWED USES AND CUP Conditional Use Permit(Section 20.52.020) PERMIT REQUIREMENTS MUP Minor Use Permit(Section 20.52.020) LTP Limited Term Permit(Section 20.52.040) Not allowed Land Use See Part 7 of this title for Specific Use land use definitions. CC CC CM CN CV CV-LV Regulations See Chapter 20.12 for unlisted uses. Industry,Manufacturing and Processing,and Warehousing Uses Handicraft Industry P P P P P P Recreation,Education,and Public Assembly Uses Assembly/Meeting Facilities CUP CUP CUP CUP CUP CUP Commercial Recreation and CUP CUP CUP CUP CUP CUP Entertainment Cultural Institutions P P MUP — P — Schools.Public and Private — CUP CUP CUP CUP — Retail Trade Uses Alcohol Sales(off-sale) MUP MUPMUP MUP MUP MUP Section 20.48.030 Alcohol Sales (off-sale), P P P P P P Accessory Only Bulk merchandise — P — P — Marine Rentals and Sales Boat Rentals and Sales — CUP CUP — CUP P Marine Retail Sales P P P — P P Retail Sales P P P P Visitor-Serving Retail P P P Service Uses Business,Financial,Medical,and Professio ATM P P P P P P Emergency Health Facility/Urgent MUP MUP — — MUP — Care(above Ist floor only) 20 Planning Commission Resolution No. Page 13 of 19 Commercial Retail Zoning Districts Permit Requirements TABLE 2-5 P Permitted by Right ALLOWED USES AND CUP Conditional Use Permit(Section 20.52.020) PERMIT REQUIREMENTS MUP Minor Use Permit(Section 20.52.020) LTP Limited Term Permit(Section 20.52.040) Not allowed Land Use See Part 7 of this title for Specific Use land use definitions. CC CG CM CN CV CV-LV Regulations See Chapter 20.12 for unlisted uses. Financial Institutions and Related P P P P P Services Offices—Corporate (above 1st P P P P floor only) Offices—Business P P P P P P Offices—Medical and Dental P P — P P — Offices—Professional (above 1st P P P P P — floor only) Outpatient Surgery Facility MUP MUP P (above 1 st floor only) Service Uses—General i Ambulance Services — MUP — — — — Animal Sales and Services Animal Boarding/Kennels CUP CUP — CUP Section 20.48.050 Animal Grooming P P P P Section 20.48.050 Animal Retail Sales P P — P P — Section 20.48.050 Veterinary Services CUP CUP CUP Section 20.48.050 Artists'Studios P P P P P P Catering Services — P P P P — Day Care,General mul' MUP — MUP MUP — Eating and Drinking Establishments Accessory Food Service P P P P P P Section (open to public) 20.48.090 Bars, Lounges, and CUP CUP CUP CUP CUP — Section Nightclubs 20.48.090 Fast Food (no late hours) P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section (1)(2) 20.48.090 22 Planning Commission Resolution No. Page 14 of 19 Commercial Retail Zoning Districts Permit Requirements TABLE 2-5 P Permitted by Right ALLOWED USES AND CUP Conditional Use Permit(Section 20.52.020) PERMIT REQUIREMENTS MUP Minor Use Permit(Section 20.52.020) LTP Limited Term Permit(Section 20.52.040) Not allowed Land Use See Part 7 of this title for Specific Use land use definitions. CC CG CM CN CV CV-LV Regulations See Chapter 20.12 for unlisted uses. Fast Food (with late hours) MUP MUP MUP MUP MUP MUP Section (1) 20.48.090 Food Service(no alcohol,no P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section Tate hours)(1)(2) 20.48.090 Food Service(no late hours) MUP MUP MUP MUP MUP MUP Section (1) 20.48.090 Food Service (with late CUP CUP CUP CUP CUP CUP Section hours)(1) 20.48.090 Take-Out Service, Limited P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section (2) 20.48.090 Funeral Homes and Mortuaries, — MUP — — — — without crematorium Funeral Homes and Mortuaries, — CUP — — —with crematorium Health/Fitness Facilities Small 2,000 sq.ft.or less P P P P P P Large—Over 2,000 sq.ft. MUP MUP MUP MUP MOP Laboratories — P Maintenance and Repair Services P P P — Marine Services Boat Storage — — CUP — — Boat Yards — — CUP — — — Entertainment and — — P — P P Title 17 Excursion Services Marine Service Stations — — CUP — CUP — Water Transportation — — MUP — MUP — Services Massage Establishments MUP MUP — MUP MUP MUP Chapter 5.50 Section 20.48.120 Massage Services,Accessory MUP MUP — MUP MUP MUP Section 22 Planning Commission Resolution No. Page 15 of 19 Commercial Retail Zoning Districts Permit Requirements TABLE 2-5 P Permitted by Right ALLOWED USES AND CUP Conditional Use Permit(Section 20.52.020) PERMIT REQUIREMENTS MUP Minor Use Permit(Section 20.52.020) LTP Limited Term Permit(Section 20.52.040) Not allowed Land Use See Part 7 of this title for Specific Use land use definitions. CC CG CSM CN CV CV-LV Regulations See Chapter 20.12 for unlisted uses. 20.48.120 Nail Salons P P — P P P Personal Services,General P P — P P P Personal Services,Restricted MUP MUP — MUP MUP — Studio P P — P P — Postal Services P P — P P — Printing and Duplicating Services P P — P — — Recycling Facilities Collection Facility—Small MUP MUP — MUP — — Section 20.48.160 Smoking Lounges Visitor Accommodations Bed and Breakfast Inns MUP MUP MUP — MUP CUP Section 20.48.060 Hotels and Motels CUP CUP CUP — CUP CUP RV Parks — — — — CUP — Time Share Facilities — CUP — — CUP — Section 20.48.220 SRO Residential Hotel CUP CUP CUP CUP CUP — Transportation,Communications,and Infrastructure Uses Crnmntmication Facilities MUP P MUP — P P Marinas Title 17 Marina Support Facilities — — MUP — MUP — Parking Facilities MUP MUP MUP MUP MUP MUP Puking Structure. adjacent to CUP CUP — CUP CUP CUP residential zoning district 23 Planning Commission Resolution No. Page 16 of 19 Commercial Retail Zoning Districts Permit Requirements TABLE 2-5 P Permitted by Right ALLOWED USES AND CUP Conditional Use Permit(Section 20.52.020) PERMIT REQUIREMENTS MUP Minor Use Permit(Section 20.52.020) LTP Limited Term Permit(Section 20.52.040) Not allowed Land Use See Part 7 of this title for Specific Use land use definitions. CC CG CM CN CV CV-LV Regulations See Chapter 20.12 for unlisted uses. Utilities,Minor P P P P P P Utilities,Major CUP CUP CUP CUP CUP CUP Wireless Telecommunication CUP/MUP/L CUP/MUP/L CUP/MUP/L CUP/MUP/L CUP/MUP/ CUP/MUP/ Chapter Facilities TP TP TP TP LTP LTP 20.49 Vehicle Rental,Sale,and Service Uses Vehicle/Equipment Rentals General — CUP — — CUP Office Only P P P P P Limited P P P — P Vehicles for Hire — CUP — — CUP Vehicle/Equipment Repair General — CUP — — Limited MUP MUP MUP Vehicle/Equipment Sales General — CUP — — — — Office Only P P P P P — Limited — P — — — — Vehicle/Equipment Services Automobile — MUP — MUP MUP — Washing/Detailing, full service Automobile P P — P MUP — Washing/Detailing, self- service or accessory Service Stations CUP CUP CUP CUP Section 20.48310 Other Uses �1 Planning Commission Resolution No. Page 17 of 19 Commercial Retail Zoning Districts Permit Requirements TABLE 2-5 P Permitted by Right ALLOWED USES AND CUP Conditional Use Permit(Section 20.52.020) PERMIT REQUIREMENTS MUP Minor Use Permit(Section 20.52.020) LTP Limited Term Permit(Section 20.52.040) Not allowed Land Use See Part 7 of this title for Specific Use land use definitions. CC CG CM CN CV CV-LV Regulations See Chapter 20.12 for unlisted uses. Accessary Structures and Uses P P P P P P Drive-Through Facilities MUP MUP MUP MUP MUP — Section 20.48.080 Special Events Chapter 11.03 Outdoor Storage and Display P P P P P MUP Section 20.48.140 Temporary Uses LTP LTP LTP LTP LTP LTP Section 20.52.040 ' Uses Not Listed.Land uses that are not listed in the table above,or are not shown in a particular zoning district,are not allowed,except as otherwise provided by Section 20.12.020(Rules of Interpretation). (1) Late Hours.Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m.any day of the week. (2) Permitted or Minor Use Permit Required. a. A minor use permit shall be required for any use located within five hundred(500)feet,property line to property line,of any residential zoning district. b. A minor use permit shall be required for any use that maintains late hours. 2.5 Planning Commission Resolution No. Page 18 of 19 Section 5: Amend 20.22.030 (Commercial Zoning Districts General Development Standards) to add development standards for the CV-LV zoning district within Table 2-7 as highlighted in yellow as follows with all other existing provisions of Section 20.20.030 remaining unchanged. Additional Development Feature CC CC CM CN CV CV-LV Requirements Lot Dimensions Minimum dimensions required for each newly created lot Lot Area(1) 5,000 sq.ft. 10,000 sq.ft. N/A 20,000 sq.ft. N/A 10,000 sq.ft. Lot Width 25 ft. 50 ft. N/A 100 ft. N/A 50 ft. Setbacks Minimum setbacks required for primary structures. See Section 20.30.110(D)(Allowed Encroachments into Setback Areas)for setback measurement,allowed projections into setbacks,and exceptions. Front 0 0 0 0 0 Newport Blvd: 1 ft.for below grade structures 20 ft.for structures up to 35 feet in height 60 ft.for structures over 35 feet in height Side(interior,each): Abutting 0 0 0 0 0 1 ft.for below nonresidential grade structures 5 ft.for above grade structures Abutting residential 5 it. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Side(Street side) 0 0 0 0 0 32nd Street: 1 ft.for below grade structures 1 ft,for structures up to 35 feet in height 70 ft.for structures over 35 feet in height(4) Via Oporto: 0 Rear: Abutting an alley 10 ft. 10 it. 10 ft. 10 ft. 10 ft. 5 ft. Not abutting an 0 0 0 0 0 0 alley Abutting residential 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Open Space N/A N/A N/A N/A N/A 20% Bulkhead Setback Structures shall be set back a minimum of 10 ft.from the bulkhead in each zoning district. Floor Area Ratio(2)(3) The specific floor area limitations for each zoning district are identified on the Zoning Map. Height Maximum allowable height of structures without discretionary approval. See Section 20.30.060(Height Limits and Exceptions)for height measurement requirements. See Section 20.30.060(C)(Increase in Height Limit)for possible increase in height limit. Within Shoreline Height 26 ft.with flat roof;less than 3/12 pitch 55 ft.with flat 20.30.060 20 Planning Commission Resolution No. Page 19 of 19 Additional Development Feature CC CG CM CN CV CV-LV Requirements Limit Zone 31 ft.with sloped roof,3/12 or greater pitch roof,less than 3/12 roof pitch See CLUP Policy 60 ft.with sloped 4.4.2-I roof,3/12 roof pitch or greater (5)(6) Not within Shoreline 32 ft.with flat roof;less than 3/12 pitch N/A Height Limit Zone 37 ft.with sloped roof,3/12 or greater pitch Within High Rise Height Area (See Figure H-1, 300 N/A attached to the ordinance codified in this title). Fencing See Section 20.30.040(Fences,Hedges,Walls,and Retaining Walls). Landscaping See Chapter 20.36(Landscaping Standards). Lighting See Section 20.30.070(Outdoor Lighting). Outdoor Storage/Display See Section 20.48.140(Outdoor Storage,Display,and Activities). Parking See Chapter 20.40(Off-Street Parking). Signs See Chapter 20.42(Sign Standards). Notes: (1) All development and the subdivision of land shall comply with the requirements of Title 19(Subdivisions). (2) In the CG Zoning District,when 0.3/0.5 is shown on the Zoning Map,the FAR may be increased to a maximum of 0.5 when two or more legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19 (Subdivisions). (3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area for structures. (4) Setbacks to 32n'Street do not apply to Fire Station No.2 (5) Architectural features such as domes,towers,cupolas,spires,and similar structures maybe up to 65 fret in height. (6) Fire Station No.2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to houseand screen essential equipment. 27 V� QP �P �g Attachment No. 2 Coastal Commission action letter 2�° V� QP �P 30 STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY EDMUND G, BROWN, JR.,Governor I CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate,Suite 1000 Long Beach,CA 90602-4302 (562)590-5071 i October 20, 2015 i i City of Newport Beach City Council Newport Beach Civic Center 100 Civic Center Drive Newport Beach, CA 92660 Re: City of Newport Beach Major LCP Amendment Request No. 3-14 (LCP-5-NPB-14-0831-3) Dear Councilpersons: You are hereby notified that the California Coastal Commission, at its October 7, 2015 meeting in Long Beach, certified,City of Newport Beach Local Coastal Program(LCP) Amendment No. 3-14 with suggested modifications. LCP Amendment No. 3-14, submitted with City Council Resolution No. 2014-81, would amend the Coastal Land Use Plan to change the land-use designation(CLUP Table 2.1.1-1 and Mapl) for the 4.25-acre former City Hall site located at 3300 Newport Boulevard, and adopt limited exceptions to the 35-foot height limitation set forth in the Shoreline Height Limitation Zone. Pursuant to the Commission's action on October 7, 2015, certification of the City of Newport Beach LCP Amendment No. 3-14 is subject to the attached suggested modifications (Attachment A). Therefore, LCP Amendment No. 3-14 will not be effective for implementation in the City's coastal zone until: 1)the City Council adopts the Commission's suggested modifications, 2) the City Council forwards the adopted suggested modifications to the Commission by resolution, and, 3)the Executive Director certifies that the City has complied with the Commission's October 7, 2015 action. The Coastal Act requires that the City's adoption of the suggested modifications be completed within six months of the Commission's action. 'I Thank you for your cooperation and we look forward to working with you and your staff in the future. Please contact Amber Dobson at(562) 590-5071 with questions regarding the modifications required for effective certification of the City of Newport Beach LCP Amendment No. 3-14. i Sincerely, 10 Karl Schwing District Manager 1 Attachment A: Suggested Modifications A-C 1 cc. Kimberly Brandt AICP,Community Development Director 32 i I Attachment A Certification of Land Use Plan Amendment No. 3-14 is subject to the following modifications A through C. Text added by the suggested modification is bolded, and text suggested to be deleted by the California Coastal Commission is stFuek thFaugh. Only those specific subsections of the LUP for which modifications are being suggested are shown below. A. Table 2.1:1-1 -Land Use Plan Categories i Modify Table 2.1.1-1 as follows: Table 2.1.1-1 Land Use Plan Categories Zand Use ?, Category Uses Denstry/Intensity The xvxv c@ccgocy is xnccn¢c¢co-piob i¢viox ¢cniff c ' 't t��„yy Syr' SY I t .� i 1' r t � ' F ' r•�` CV'LSV£ The CV-LV cafet=o'ry is intended'to allow for 7777-77- 98,725`gross square feet € Visitor-Serving -_ a range of accommodations (e.e. hotels, het&not including afire` Woinmercial motels; hostels), goods, and services.intended -station. A fire station may.% Tido Village to primarily serve visitors to the City of not occupy more than, , `? Newnorf Beach: A fire station is allowed in its 10% of the total proteet current location. Limited Use Overnight site. Visitor Accommodations and residences are not allowed. Note: The CV-LV(Visitor Serving Commercial—Lido Village) category applies to the former City Hal l j Complex that includes Fire Station#2(3300 Newport Boulevard and 475 32" Street). B. Coastal Land Use Plan Map 1,Figure 2.1.5-1 Modify Coastal Land Use Plan Map 1, Figure 2.1.5-1 (and any other related maps or diagrams within the CLUP to maintain consistency with the new CV-LV land use category), as it relates to the former City Hall Complex (3300 Newport Boulevard &475 32nd Street) to designate the former City Hall Complex with the CV-LV (Visitor-Serving Commercial—Lido Village) land use designation. Page 1 of 2 32 I I I i C. Coastal Land Use Plan Policy 4.4.2-1 (Shoreline Height Limitation Zone) Modify CLUP Policy 4.4.2-1, as follows: 4.4.2-1. Maintain the 35-foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4-3, except for the following sites: A. [Section A (Marina Park) is not currently before the Commission as part of this L UP amendment. The height limit exception for Marina Park, as certified pursuant to City of Newport Beach LCP Amendment No. 1-12, is contained in City Council Resolution No. 2013-44, May 28, 2013.] B- [Section B (Back Bay Landing) is not currently before the Commission as part of this LUP amendment. The height limit exception for Back Bay Landing is the subject of City of Newport Beach LCP Amendment No. 2-14, which will come before the Commission at a future meeting.] E; Nfi�Eed Use (NIU) area leealed at 3300 N&wTei4 Blvd Ne4 Geffiplex) B. Former City Hall Complex at 3300 Newport Blvd and 475 32"a Street (the site): • At least 75% of the total area of the site shall be 35 feet in height or lower. • Buildings and structures up to 55 feet in height with the peaks of sloping roofs and elevator towers up to 60 feet in height,provided it is demonstrated that development does not adversely materially impact public views. gear of reefs and elevator-tewers may exeeed 55 feet by up te 5 feet an • Architectural features such as domes, towers, cupolas, spires, and similar structures may exceed 55 c et by 10 feet be up to 65 feet in height. • Buildings and structures over 35 feet in height, including architectural features, .shall not occupy more than 25 percent of the total area of the site. . • Buildings and structures over 45 feet in height, architectural features, shall not occupy more than 15 percent of the total area of the site. i • With the exception of a fire station,all buildings and structures over 35 feet in height, including architectural features, shall be setback a minimum of 60 feet j from the Newport Boulevard right-of-way and 70 feet from the 32"d Street right- of-way. I • A fire station may be located in its current location and may be up to 40 feet in height. A fire station may include architectural features up to 45 feet in height to house and screen essential equipment. The purpose of allowing limited exceptions to the 35-foot height limit on this site is to promote vertical clustering resulting in increased publically accessible on-site open space and architectural diversity while protecting existing coastal views and providing new coastal view opportunities. j Page 2 of 2 i I