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Home My WebLink About2021-91 - Adopting General Plan Amendment No. GP2020-001 for the Residences at Newport Center Located at 150 Newport Center Drive (PA2020-020)RESOLUTION NO. 2021-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT NO. GP2020-001 FOR THE RESIDENCES AT NEWPORT CENTER LOCATED AT 150 NEWPORT CENTER DRIVE (PA2020-020) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by Newport Center Anacapa Associates, LLC ("Applicant"), with respect to property located at 150 Newport Center Drive and legally described in Exhibit "A," which is attached hereto and incorporated herein by reference ("Property"); WHEREAS, the Project includes the demolition of an existing 2,085 square -foot car wash, convenience market, and gas station and the construction of a four-story structure consisting of 28 condominium units and common space amenity areas over a two-level below -grade parking garage ("Project") which require the following approvals by the City: • General Plan Amendment No. GP2020-001 — to change the Property's land use designation from Regional Commercial Office (CO -R) to Multiple Residential (RM) and create a new Anomaly Location for the Property that authorizes a maximum development density of 28 dwelling units; • Zoning Code Amendment No. CA2020-008 — to change the Property's zoning designation from Office Regional (OR) to Planned Community (PC) District; • Planned Community Development Plan No. PC2020-001 - to establish land uses and development standards for the Property including a waiver of the minimum site area; • Major Site Development Review No. SD2020-001 — to allow for the development of a four-story structure containing 28 luxury condominium units and common space areas over a two-level below -grade parking garage; Resolution No. 2021-91 Page 2of7 • Tentative Tract Map No. NT2020-001 — to establish a 28 -unit residential condominium subdivision map on the 1.26 -acre Property that would allow each unit to be sold individually; • Development Agreement No. DA2020-001 — to provide the Applicant with the vested right to develop the Project subject to the rules and regulations in effect at the time of Project approval and to provide the City with assurance that certain obligations of the Applicant will be met, including public benefit fees; • Environmental Impact Report No. ER2021-002 - to disclose reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals, the City has determined that an Initial Study and Environmental Impact [Report ("EIR") are warranted for the Project pursuant to California Public Resources Code Section 23000 et seq ("CEQA"), Title 14, Division 6, Chapter 3 of the California Code of Regulations ("CEQA Guidelines"), and City Council Policy K-3; and • Rescind Use Permit No. UP1461 — rescind use permit since the Project will replace the operation of the existing car wash; WHEREAS, the Property is designated Regional Commercial Office (CO -R) by the City of Newport Beach General Plan ("General Plan") Land Use Element and is located within the Office Regional (OR) Zoning District; WHEREAS, the Property is not located within the coastal zone; WHEREAS, a study session was held on May 6, 2021, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to introduce the project to the Planning Commission and discuss the procedures for environmental review; WHEREAS, the Planning Commission held a public hearing on August 19, 2021 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 15.45 (Development Agreements), 19.12 (Tentative Map Review), 20.56 (Planned Community District Procedures) and 20.62 (Public Hearings) of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; Resolution No. 2021-91 Page 3 of 7 WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2021-024 by a unanimous vote (7 ayes, 0 nays) recommending the City Council approve the Project; and WHEREAS, the City Council held a public hearing on September 28, 2021, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing -was -given -in accordance -with -the -Ralph -M. - Brown Act") and Chapters 15.45 (Development Agreements), 19.12 (Tentative Map Review), 20.56 (Planned Community District Procedures) and 20.62 (Public Hearings) of the NEMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council has considered the recommendation of the Planning Commission and determined that modifications to the Project made by the City Council, if any, are not major changes that require referral back to the Planning Commission for consideration and recommendation. Section 2: The City Council of the City of Newport Beach hereby amends the General Plan of the City of Newport Beach to change the Land Use Designation of the property from Regional Commercial Office (CO -R) to Multiple Residential (RM), as depicted in Exhibit "B," which is attached hereto and incorporated herein by reference. Section 3: The City Council of the City of Newport Beach hereby amends the General Plan of the City of Newport Beach to insert Anomaly Number 82 into Table LU2 (Anomaly Locations) to allow for the development of 28 dwelling units, on the Property, as depicted in Exhibit "C," which is attached hereto and incorporated herein by reference. Section 4: Amendments to the General Plan are a legislative act. Neither Title 20 (Planning and Zoning) of the NBMC, the Charter of the City of Newport Beach, nor California Government Code Section 65350 et seq. set forth any required findings for either approval or denial of amendments to the General Plan. Notwithstanding the foregoing, General Plan Amendment No. GP2020-001 is consistent with the General Plan based upon the facts set forth below. Resolution No. 2021-91 Page 4 of 7 Facts in Support of Finding of Consistency with the General Plan: 1. General Plan Amendment No. GP2020-001 and the resulting land use change are compatible with the existing surrounding uses and planned land uses identified by the General Plan, because the Project would introduce additional residential land uses in Newport Center which includes a diverse mix of land uses. The conversion from Regional Commercial Office (CO -R) to Multiple Residential (RM), will be compatible with adjacent commercial properties in terms of bulk, scale, setbacks, architectural style, and pedestrian connectivity. Additional residential development would support commercial properties within Newport Center such as Fashion Island. 2. General Plan Amendment No. GP2020-001 from Regional Commercial Office (CO -R) to (Multiple Residential) RM does not eliminate existing or future land uses to the overall detriment of the community given the Property's size, location, and surrounding uses. Maintaining the Property's Regional Commercial Office (CO -R) land use designation would require redevelopment or major improvements to the Property to accommodate other commercial uses. 3. General Plan Amendment No. GP2020-001 and the resulting land use change are consistent with applicable land use policies of the General Plan. In -keeping with General Plan Policy LU 6.14 (Newport Center), the Property is located in an area of Newport Center where multi -family uses are encouraged to produce opportunities to live close to jobs, commerce, entertainment, and recreation. Consistent with General Plan Policy LU 3.3 (Opportunities for Change), the Project would provide opportunities for improved development and enhanced environments for residences in the Fashion Island/Newport Center area and add 28 condominium units in proximity to jobs, and services. Further, the Project would not increase the amount of office uses in the area. 4. 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 28 dwelling units on the Property would accommodate Newport Beach population needs identified in the General Plan Housing Element and accommodate market demand for residential uses. Resolution No. 2021-91 Page 5 of 7 5. The Property is located in an area of the City that has sufficient utilities systems to serve the Project. 6. 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 GPAs within the previous 10 years) generates more than 100 peak hour trips (a.m. or p.m.), 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. The Project is the third General Plan Amendment in Statistical Area L1 within the last 10 years, including the approved Newport Beach Country Club Clubhouse (PA2008-152) and Vivante Senior Housing (PA2018-185) projects. General Plan Amendment No. GP2020-001 results in 28 additional dwelling units and there is no change in the square footage of non-residential floor area. The 28 additional dwelling units result in a net increase of 3.3 a.m. peak hour trips and 2.3 p.m. peak hour trips based on the commercial blended trip rate (for existing uses) and High -Rise Residential Condominium/Townhouse trip rate for the proposed use, as provided in Council Policy A-18. Therefore, the Project individually does not exceed Section 423's thresholds. Furthermore, including 80 percent of prior General Plan amendments from the last 10 years with the Project (i.e. cumulative analysis), results in a total increase of 16,800 square feet of nonresidential floor area, 25 a.m. peak hour trips, 44 p.m. peak hour trips, and 100 residential dwelling units for Statistical Area L1. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve General Plan Amendment No. GP2020-001. 7. Pursuant to California Government Code Section 65352.3 (SB18), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission ("NAHC") each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC on January 5, 2021 indicating that nine tribal contacts should be provided notice regarding the GPA. The tribal contacts were provided notice via certified mail and email on January 7, 2021. California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. As a result of the notice, two Tribes requested consultation including the Resolution No. 2021-91 Page 6 of 7 Gabrieleno Band of Mission Indians - Kizh Nation and the Juaneno Band of Mission Indians, Acjachemen Nation — Belardes. 8. Although the Property does not contain any known archaeological resources, there is a potential for uncovering archaeological resources (including tribal cultural resources) during construction. During consultation with the aforementioned, additional information was provided to the City that resulted in changes to the draft mitigation measures of the EIR related to Tribal Cultural Resources. Based on the City's consultation with both Tribal Governments, the EIR was updated to incorporate mitigation measures that would reduce potential impacts to less than significant levels. For example, the EIR includes mitigation measures to require that a qualified archaeological monitor and qualified Native American Tribal monitor are retained to monitor the Project site during any ground disturbing construction activities. Section 5: The City Council of the City of Newport Beach hereby amends the General Plan of the City of Newport Beach to remove 2,085 square feet from Anomaly 35 in Table LU2 (Anomaly Locations) to reflect the demolition of the existing commercial structure on the Property. Section 6: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 7: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 8: The Residences at Newport Center Final Environmental Impact Report (SCH No. 2020110087) was prepared for the project in compliance with CEQA, the State CEQA Guidelines, and City Council Policy K-3. By Resolution No. 2021-90, the City Council, having final approval authority over the project, adopted and certified as complete and adequate the Residences at Newport Center Final Environmental Impact Report (SCH No. 2020110087) and adopted "Mitigation Monitoring and Reporting Program." Resolution No. 2021-90, including all findings contained therein, is hereby incorporated by reference. Resolution No. 2021-91 Page 7 of 7 Section 9: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 28th day of September, 2021. ATTEST: m.ml�qlj IjimICity Clerk APPROVED AS TO FORM: CITY TORNEY'S OFFIC Aa"roA C. Harp City Attorney -IV-.V4 ) - rad ery MI r Attachment(s): Exhibit A — Legal Description Exhibit B — General Plan Amendment Exhibit C — Proposed Table LU2 — Anomaly Locations Exhibit "A" Legal Description The property is legally described as Parcel 1 of Parcel Map No. 29-34 (Resubdivision No. 282) being a portion of Block 93 of Irvine's subdivision as per map recorded in Book 1, Page 88 of Miscellaneous Record Maps, records of Orange County, California. Exhibit "B" General Plan Amendment 74 43 N 44 Land Use Change: Regional Commercial Office (CO -R) portion of Anomaly 35 to Multiple Unit Residential WIM) and Anomaly 82 82 t 46 i1 Il 35 45 I& 34 47 36 75 F2020-001(PA2020-020) 1 6, 1 NF Exhibit "C" Proposed Table LU2 - Anomaly Locations Anomaly I StatlsReal I Land Use I Development 35 82 I Ll I RM I 128 Dwelling Units 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; the foregoing resolution, being Resolution No. 2021-91 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 281h day of September, 2021; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 291h day of September, 2021. r Leilani I. Brown City Clerk Newport Beach, California