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Home My WebLink About1801 - RECOMMEND ADOPTION OF MND, APPROVAL OF GPA AND CLUP AMENDMENT_2000 THROUGH 2016 EAST BALBOA BLVDRESOLUTION NO. 1801 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. ND2010 -001, APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2009 -001, AND APPROVAL OF COASTAL LAND USE PLAN AMENDMENT NO. LC2009 -001 LOCATED AT 2000 THROUGH 2016 EAST BALBOA BOULEVARD (PA2009 -067) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by David Beauchamp representing Peninsula Point Properties, LLC, with respect to property located at 2000 -2016 East Balboa Boulevard and legally described as Lots 14, 15, 16, 21, and 22 of Tract 756, requesting approval of a General Plan amendment and Coastal Land Use Plan Amendment. 2. The applicant proposes the adoption of a General Plan Amendment and Coastal Land Use Plan Amendment to change the land use designation from PR (Parks and Recreation) to RS -D (Single Unit Residential Detached) and RSD -B, respectively. The property is currently used as a private tennis club and the amendments would allow residential redevelopment of up to five dwelling units. 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 three thresholds, a vote of the electorate would be required if the City Council approves the suggested General Plan Amendment: the project generates more than 100 peak hour trips, 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 first GPA in Statistical Area D4 since the General Plan update in 2006. Five additional dwelling units result in an increase of 0.41 AM peak hour trips and a decrease of 2.71 PM peak hour trips based on the Single - Family Detached Housing trip rates reflected in Council Policy A -18. As none of the three thresholds that require a vote pursuant to Charter Section 423 are exceeded, no vote of the electorate is required. 5. The project is located on the Balboa Peninsula where public services and infrastructure are available to serve the additional dwelling units under the proposed land use changes. 6. The subject property is located within the Single - Family Residential (R -1) Zoning District and the General Plan Land Use Element category is currently Parks and Recreation (PR). City of Newport Beach Planning Commission Resolution No. 1801 Page 2 of 15 7. The subject property is located within the coastal zone. The Coastal Land Use Plan category is currently Parks and Recreation (PR). 8. A public hearing was held on March 4, 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. 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 draft Mitigated Negative Declaration was circulated for a 30 -day comment period beginning on January 12, 2010, and ending on February 10, 2010. The contents of the environmental document and comments on the document were considered by the Planning Commission in its review of the proposed project. 3. On the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level. 4. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are attached as Exhibit "D ". The document and all supporting materials, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 5. The Planning Commission 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; and Tmplt: 01/14/10 City of Newport Beach Planning Commission Resolution No. 1801 Page 3 of 15 SECTION 3. REQUIRED FINDINGS. 1. Amendments to the General Plan and 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission hereby removes the final sentence of the first paragraph as shown on Page 2-6 of Mitigated Negative Declaration No. ND2010 -001 that reads, "However, this environmental document would cover the approval of a future subdivision tract map and final development plan, provided they are in substantial conformance with the conceptual development plan." 2. The Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt Mitigated Negative Declaration No. ND2010 -001 as depicted in Exhibit "A" and Mitigation Monitoring Report Program as depicted in Exhibit "B" of this resolution. 3. The Planning Commission hereby recommends that the City Council of the City of Newport Beach approve General Plan Amendment No. GP2009 -001 as depicted in Exhibit "C ". 4. The Planning Commission hereby recommends that the City Council of the City of Newport Beach approve Coastal Land Use Plan Amendment No. LC2009 -001 as depicted in Exhibit "D ". 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 4`h DAY OF MARCH, 2010. AYES: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren NOES: None BY: 04�,� Robert Hawkins, Chairman Q1 BY: Charles Unsworth, Se-cretary Tmph: 01/14110 City of Newport Beach Planning Commission Resolution No. 1801 Page 4 of 15 Exhibit "A" Mitigated Negative Declaration (Available separate due to bulk) Tmpll: D1/14/10 City of Newport Beach Planning Commission Resolution No. 1801 Page 5 of 15 Exhibit "B" Mitigation Monitoring Report Program Tmplt: 01/14/10 MITIGATION MONITORING REPORT PROJECT NAME: Beauchamp General Plan and Local Coastal Program Amendments PROJECT LOCATION: 0.6 acre located at 2000 -2016 East Balboa Boulevard in the City of Newport Beach, northern corner of East Balboa Boulevard/ L Street intersection PROJECT DESCRIPTION: Project proposes to demolish and remove the existing club house and two hard - surface tennis courts and prepare the site for the construction of five detached single -unit dwellings. The proposed project includes a General Plan Amendment and Coastal Land Use Plan Amendment to change the land use designations of the project site from recreational to single -unit residential land use. LEAD AGENCY: City of Newport Beach CONTACT PERSON/ TELEPHONE NO.: Makana Nova, Assistant Planner, (949) 644 -3249 APPLICANT: David Beauchamp, Beauchamp Enterprises CONTACT PERSON/ TELEPHONE NO.: David Beauchamp, (949) 851 8087 Table 4 -1. Summary of Mitigation Monitoring Plan No. Mitigation Measure Time Frame for Responsible Verification (11' Coll] plia lice Initials Date Remarks Implementation Monitoring Agency & Monitoring Ilarards and Hazardous Materials -IM -1 Prior to demolition of the clubhouse on site, Prior to issuance City orNcwporl an asbestos - containing materials and lead- of demolition Beach Building based paint assessment shall be performed permits Department by a qualified environmental professional and conducted in accordance with all federal, state, and local requirements, including those established by National Emissions Standards for Hazardous Air P011ulants (NESHAPS) guidelines and the Occupational Safety and Health Adminislralion (OSHA). A report shall be Furnished to the Building Department by said qualified environmental professional and Shall Outline the occurrence of hazardous materials on the project site. Beauchamp General Plan and Coastal Land Use Plan January 2009 Amendments Draft fnlllal Study/ Mitigated Negative E -3 Declaration ICF J&S 00040.09 City of Newport Beach Chapter 4. Mitigalion Monlloring Plan No. Mitigation Measure Time Frame for Implementation Responsible Monitoring Agency Verification of Compliance Initials Date Remarks & Monitoring • If asbestos - containing materials are discovered during site investigations, all potentially friable asbestos - containing materials shall be removed in accordance with federal, state, and local law's and the NESHAP guidelines priur to building demolition or renovation that may disturb the materials. All demolition activities shall be undertaken in accordance with California Occupational Safety and Health Administration (Cal /OSHA) standards, contained in Title 3 of the California Code of Regulations (CCR), Section 1529, to protect workers front exposure to asbestos. Materials containing more than 1% asbestos are also subject to SCAQMD regulations. Demolition performed in conformance with these federal, stale,_ and local laws and regulations shall avoid significant exposure of construction workers and /or the public to asbestos - containing materials. • If lead -based paint is discovered during on -site investigations, all building materials containing lead - based paint shall be removed in accordance with Cal /OShIA lead in Beauchamp General Plan and Coastal Land Use Plan January 2009 Amendments Draft Initial Study/ Mitigated Negative E-4 Declaration ICF J&S 0084040 City of Newport Beach Chapter 4. Mitigation Monitoring Plan No. Mitigation Measure Time Frame for Responsible Verification ofCompliance Implementation Monitoring Agency Initials Date Remarks & Monitorin construction standard, Title 8, CCR 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead -based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the waste being disposed of. Demolition performed in conformance with these federal, state, and local laws and regulations shall avoid significant exposure of construction workers and /or the public to lead -based paint. Hydrology and Water Quality WQ -1 Prim' to issuance of grading permits, the Prior to issuance City of Newport applicant shall prepare a Stornnvaier ofgrading permits Beach Public Works Pollution Prevention Plan (SWPPP) which Department includes BMPs. The runoff from the project site would be managed by the S W PPP using the BMPs and as directed in the City's stormwater protection requirements to prevent discharges of polluted stornnvater From construction sites from entering the storm drains. WQ -2 Prior to issuance of grading permits, the Prior to issuance City of Newport applicant shall prepare a Water Quality ofgrading permits Beach Public Works Management Plan (WQMP) for project Department operations and submit to the City Building Department and Code Enforcement & Water City of Newport Quality Division for review and approval. Beach Code Beauchamp General Plan and Coastal Land Use Plan January 2009 Amendments Draft Initial Study/ Miligaled Negative E -5 Declaration ICF I&S ee94e.09 City of Nowporl Beach Chapter 4. Miligalion Monitoring Plan No. Mitigation Measure Time Frame for Responsible Verification of Compliance Implementation Monitoring Agency Initials Date Remarks & Monitoring The WQMP shall meet the City's water Enforcement R Water quality ordinance requirements and include Quality Division project measures related to site design, source control, and treatment control BMPs. Noise N -1 All noise- producing project equipment and During final City ofNewporl vehicles using internal combustion engines design and prior to Beach Code shall be equipped with nntfllcrs, air -inlet plan check Enforcement silencers where appropriate, and any other approval shrouds, shields, or other noise- reducing City ol'Newport features in good operating condition that Beach Building meet or exceed original factory Department specification. Mobile or fixed "package" equipment (e.g., arc - welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of c ui ment. N -2 All mobile and fixed noise - producing During grading, City of Newport equipment used on the project that is site preparation_ Beach Code regulated for noise output by a local, state, and construction Enforcement or federal agency shall comply with such regulation while in the course of project City ofNewporl activity. Beach Building Department N -3 Electrically powered equipment shall be During final City of Newport used instead of pneumatic or internal design and prior to Beach Code combustion — powered equipment, where plan check Enforcement feasible. approval City of Newport During grading, Beach Building site preparation, I Department Beauchamp General Plan and Coastal Land Use Plan January 2009 Amendments Droll Inllial Study/ Millgaled Negative E-6 Declaratlon ICF AS 00946.09 City of Newport Boach Chapter 4, Mitigation Monitoring Plan No. Mitigation Measure Time Frame for Responsible Verification of Compliance Implementation Monitoring Agency Initials Date Remarks & Monitoring and construction NI-41 Material stockpiles and mobile equipment During grading, City of Newport staging, parking, and maintenance areas site preparation. Beach Code shall be located as I'ar as practical from and construction Enforcement noise - sensitive receptors. City o f Newpo rt Beach Building Department N -5 No project - related public address or music During grading, City orNewporl system shall be audible at any adjacent site preparation, Beach Code receptor. and construction Enforcement City of Newport Beach Building Department N -G The on -site construction supervisor shall During final City of Newport have the responsibility and authority to design and prior to Beach Code receive and resolve noise complaints. A plan check Enforcement clear appeal process to the project proponent approval shall be established prior to construction City of Newport commencement that shall allow for During grading, Beach Building resolution of noise problems that cannot be site preparation, Department immediately solved by the site supervisor. and construction N -7 During construction activities, temporary Prior to and during y City orNewporl noise barriers, such as noise - attenuating grading, site Beach Code blankets, shall be erected at the construction preparation, and Enforcement Felice lines. construction City of Newport Beach Building Department Beauchamp General Plan and Coastal Land Use Plan January 2009 Amendments Dora Initial Study/ Mitigated Negative E -7 Declaration ICF JAS 00946.09 City of Newport Beach Planning Commission Resolution No. 1801 Page 11 of 15 Exhibit "C" General Plan Land Use Map Amendment Tmplt: 01/14/10 IN of NEWPORT BEAC GENERAL PLAN Fqurc LU1 GENLRAL FLAN OVERVIEW MAP Rbaltlential NalphboMdotls Lmpl. -uw pn�m�roel OeucMe � SykW Rwbrtala4anne e. `R- LrRMrael _ 4✓ACe la4 RaW VOY — IbaUblxY AtYS`nbel6J�M0 - Ia4aeNA w.sti.l l [yen spa" CenmarcJl pbMPr aMl ColMbn ^ NegNwlMdl COmmnoY — Gera�Yl+aeeoY _ LLsm Sawbr Caenerti _ veoea•srlal Ywne al _ Rei+rylCwrraal Gwm41cW WI4a 0.aYCb '+ ierc�ACemmaw101Ka +� Ne6JI COmmxuA OrQ •e Nep.Mc....... ow. Ind.tnal Oialekh Aa,e Sdmdnn,q aabsr 4neE Lu pabwle ' Nnee WeVOHaI 4Feee NeNai[mIA MeG 1Aa'WAni flnlaleo Pub&'. Semi ?ubk and InYNUbonal T aadl -RrlrYMb+a -IW �/Iladaab•. Qs b)o �hupa0 /IlaWwjYw4 (R�nYYY. a rG a[pneJ Y aAeaard Wm ep+eel n *w.,s.Y Swmadea l.b 0 ", GMYUIwn "B pcuneby '1� SJWeYMea poindery 1' T LiI2 Lor>ry Yap_(iPI004Opt mud Laeru.WMm CITY of NEWPORT BEACH GENERALPLAN Figure LU2 INDEX MAP Residential Rsighborinoods .< se scum x.adeNal Drwere �. Sa do'. Rr.CenCM aaacned n ra .11.y>t-ea - IYed IIna R. IIIIII. YdSk - -W deab,W DMwtim Ik14Y -Vnl Rraat�Ylr aprm sea! Commercial Dl.lrets arM Corndora rxlsnnmlww c,rmmwrool �N.n„ camm«a Cmnnlercul ma. Dlsmns .nr.ral CoM,er_iar Ong e !'eemM COmmnmlOT,e u. �eRa^a Car,vr,e�rial OMee Lbualnal Dnlrkts A arpPl$lpparbq I1RRKb Yued L. Districts IMee LYa.ecd .� LLVeY Nellon[onlM ++ LL.ee Ilrr WMrl xeland putrMC. Senlauelk and Inaldidennal :.eta FaNMa M -.r w.rar. _ooyrR.v..nu, ad 7dea!1pon, arr eon'spa<e c—a.lA.p. a mania. r,.... ...sera s pLanda lopenc,,el n ldelarM Une SUeme.peu L+n.w O.00 cq •d w..wm er.d' ewr.l.ry !II' 7 LW OFIU- GP1000.00l.mtl FFbM.,2010 RSA \ Pb / CITY of NEWPORT BEAC GENERALPLAN Figure LU4 STATISTICALAREA D3, D4, E1 -E3 FWYa4F1 rF.srrenerroe. 4,f E1 Rr Mu n.: :e .a wn rnro ra.e E2 E3 F ' PF ! / n `asUa RSSrFr _'arXrY w Naaaaa rm RM —raahMYeltiesW Dever• _s/ / sar. mu -w2 1 t�err owner r cs..aoe, RT GV n �-.rrnr t.�rear RM _..PFrr.a Parks and Recreation YV -V RM r Proposed Land Use: CsFresw Ceb OrYwn ado RT PF RM b�abW orrtr 36 lee • haan•a Mr0ea S.myaerq oraar Y Nrpw.Ob net S.Yahy lse: AT rra ur oraXCr -wee u.. r.er•mea . w.erw vaY xer.e RS -D Pabbe. BemfFWYe FM rrrenraiarr w qam F.u,ou _ 4HY MOhMra _ ear nse Nw..hn p r •>pa•aw.. n ereawe. ar05ubnnpve Lase. r� e�orn•e.n�one�n SbWta N.a '\�/ BwlreelY r . r.rre rx. neXrcaer rn. • NebrbewmaY aa0 0 600 1.000 her Fill LW OFIU- GP1000.00l.mtl FFbM.,2010 City of Newport Beach Planning Commission Resolution No. 1801 Page 15 of 15 Exhibit "D" Coastal Plan Land Use Plan Amendment Tmplt: 01/1010 9A ISLAND a LITTLE BAL90A ISLAND RT -D RM -E RSD -C RSD -C PF RSD -A TS RSD -A RSD -A LC2009 -001 (PA2009 -067) Coastal Land Use Plan Amendment 2000 - 2016 East Balboa Bou'e:ard LC2009 -001 rx- Febr.,ay J1C a _ 0