HomeMy WebLinkAbout2022-22 - Approving a Zoning Code Amendment for the Lido House Hotel Located at 3300 Newport Boulevard and 475 32nd Street (PA2020-068)ORDINANCE NO. 2022-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING A
ZONING CODE AMENDMENT FOR THE LIDO HOUSE
HOTEL LOCATED AT 3300 NEWPORT BOULEVARD AND
475 32ND STREET (PA2020-068)
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 R.D. Olson Development ("Applicant")
with respect to property located at 3300 Newport Boulevard and 475 32nd Street as legally
described in Exhibit "A," which is attached hereto and incorporated by reference
("Property");
WHEREAS, on September 9, 2014, the City Council approved General Plan
Amendment No. GP2012-002, Coastal Land Use Plan Amendment No. LC2012-001,
Zoning Code Amendment No. CA2012-003, Site Development Review No. SD2014-001,
Conditional Use Permit No. UP2014-004, and Traffic Study No. TS2014-005 for the
development of Lido House Hotel at 3300 Newport Boulevard;
WHEREAS, the Applicant proposes a 15,103 square -foot expansion of the Lido
House Hotel to add five cottages, 28 private valet parking spaces, 14 public parking
spaces, a greenhouse, a walkway, breakout rooms, a rooftop enclosure, and landscaping
and fencing improvements along the perimeter of the Property ("Project");
WHEREAS, the Project requires the following approvals from the City:
• General Plan Amendment ("GPA") — To amend Anomaly No. 85 to increase the
development limit to 118,573 gross square feet;
• Local Coastal Program Amendment ("LCPA") — To increase the development
limit to 118,573 gross square feet within both the Coastal Land Use Plan and
Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code ("NBMC");
Ordinance No. 2022-22
Page 2 of 5
• Zoning Code Amendment ("ZCA") — To increase the development limit to
118,573 gross square feet;
• Major Site Development Review Amendments ("SDR")— To ensure the
changes to the Property are developed in accordance with applicable
development standards;
• Conditional Use Permit Amendments ("CUP") — To allow the operational
changes that result from the changed site plan and floorplan and the sale of
alcohol; and
• Addendum No. 2 to the Certified Final Environmental Impact Report for the Lido
House Hotel — The addendum addresses reasonably foreseeable
environmental impacts resulting from the Project;
WHEREAS, the Property is designated Visitor Serving Commercial — Lido Village
(CV-LV) and Anomaly No. 85 by the City of Newport Beach General Plan ("General Plan")
and located within with the Commercial Visitor -Serving —Lido Village (CV-LV) zoning
district;
WHEREAS, the Planning Commission held a duly noticed public hearing on July
21, 2022, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. 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 20.62 and 21.62 (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 hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
voted unanimously (7 ayes — 0 nays) to adopt Planning Commission Resolution No.
PC2020-020 recommending approval of the Project to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on October 25,
2022, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place, and purpose of the public hearing was provided in
accordance with the Ralph M. Brown Act and Chapters 20.62 and 21.62 (Public Hearings)
of the NBMC. Evidence, both written and oral, was presented to, and considered by, the
City Council at this public hearing.
Ordinance No. 2022-22
Page 3of5
NOW THEREFORE, the City Council of the City of Newport Beach ordains 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 finds amendments to Title 20 (Planning and Zoning)
of the NBMC are legislative acts. Neither Title 20 nor State Planning Law set for any
required findings for either approval or denial of such amendments. Notwithstanding the
foregoing, the Zoning Code Amendment is consistent with the corresponding General
Plan Amendment and Coastal Land Use Plan Amendment.
a. The Project allows enlarged hallways, an enclosed conference room breakout
space, an enclosed "greenhouse" breakout and seating area, larger storage
spaces, three slightly larger hotel rooms, and five additional hotel rooms. These
changes constitute a 14.6-percent increase in floor area of the hotel and related
amenities. Collectively, these changes should enhance the functionality of the
hotel and the experience of guests and visitors.
b. The Project includes the removal of the former Fire Station No. 2 building and
the construction of surface parking in its place, including 14 new public parking
spaces accessed from Via Oporto. These parking spaces will enhance access
by increasing the public parking pool in a commercial area frequented by
residents and visitors alike.
c. A parking demand analysis was prepared by Linscott, Law & Greenspan on
June 8, 2022, for the Project and has been reviewed and accepted by the City
Traffic Engineer. The Project would result in a negligible increase in predicted
traffic and parking demands. The predicted traffic to and from the proposed
hotel will remain less than what the former City Hall site generated. Additionally,
the Project provides additional parking spaces to serve the public, thus,
reducing overall demand for parking in the surrounding area.
d. The increased floor area will not significantly reduce publicly visible open
space, nor will it decrease the parking provided. The increased hotel floor area
would be located on the first, second, third and fourth levels, but would not
increase the height of the existing hotel. The Project would remain consistent
Ordinance No. 2022-22
Page 4 of 5
with remaining and unchanged applicable standards of the CV-LV Zoning
District and Coastal Land Use Policy 4.4.2-1, which limit the height of
development.
Section 3: The City Council hereby approves the Zoning Code Amendment
reviewed under PA2020-068, as depicted in Exhibit "B," which is attached hereto and
incorporated herein by reference.
Section 4: The City Council authorizes City staff to correct any typographical or
scrivener's errors in compiling the final documentation, without the need for further review
or approval by the City Council.
Section 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 6: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The City
Council hereby declares that it would have passed this ordinance 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 7: Pursuant to Section 15062 of the California Environmental Quality
Act ("CEQA") Guidelines, the changes authorized under the Project are not substantial,
as they do not involve new significant effects or a substantial increase in the severity of
previously identified significant effects, and therefore, a subsequent Environmental
Impact Report ("EIR") does not need to be prepared. The City prepared and certified a
final EIR for the Lido House Hotel (SCH#2013111022). State CEQA Guidelines allow for
the updating and use of a previously certified EIR for projects that have changed or are
different from the previous project. In cases where changes or additions occur with no
new significant environmental impacts, an addendum to the previously certified EIR may
be prepared pursuant to CEQA Guidelines Section 15164. The City prepared Addendum
No. 2 to the Lido House Hotel's final EIR for the Project, which concludes there are no
new environmental impacts and no impacts of greater severity that would result from
approval and implementation of the Project.
Ordinance No. 2022-22
Page 5 of 5
Section 8: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 9: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 25th day of October, 2022, and adopted on the 15th day of
November, 2022, by the following vote, to -wit:
AYES: Mayor Muldoon, Council Member Avery, Council Member
Brenner, Council Member Duffield, Council Member O'Neill
NOES:
RECUSED: Mayor Pro Tern Blom
ABSENT:
ATTEST:
LEILANI f. BROWN,FITY CLERK Iu
APPROVED AS TO FORM: sF0RS
CITY TTORNEY'S OFFIC
RON C. HARP, CITY ATTORNEY
Attachment: Exhibit A — Legal Description
Exhibit B — Zoning Code Amendment
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:
PARCEL 1:
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 MARCH11, 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.
PARCEL 2:
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" 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
FOOTALLEY; THENCE SOUTH 0'44'30" EASTALONG 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 89'15'30" 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.
PARCEL 4:
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 89'15'30" 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
EXHIBIT B
Zoning Code Amendment
Section 1: Amend Section 20.14.010 (Zoning Map Adopted by Reference)
of the Newport Beach Municipal Code (NBMC) to modify Anomaly Number 85 as
follows:
Anomaly
Development
Limit sf
Development Limit
Other
additional Information
Number
Accessory commercial floor area is
allowed in conjunction with a hotel and it is
85
118,573 sf of hotel
included within the hotel development
limit. Municipal facilities are not restricted
or included in any development limit.
Section 2: Amend the row entitled "Setbacks" in Table 2-7 (Development
Standards for Commercial Retail Zoning Districts) of Section 20.20.030
(Commercial Zoning Districts General Development Standards) of Title 20
(Planning and Zoning) of the NBMC to read as follows:
TABLE 2-7
DEVELOPMENT STANDARDS FOR COMMERCIAL RETAIL ZONING DISTRICTS
Development
FCM
Additional
Feature
CC
CG
CN
CV
CV-LV
Requirements
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 ft. in height;
60 ft. for structures over
35 ft. in height
Side (interior, each):
Abutting
0
0
0
0
0
1 ft. for below grade
nonresidential
structures;
5 ft. for above grade
structures
Abutting
5
5
5 ft.
5 ft.
5 ft.
5 ft.
residential
ft.
ft.
Side (Street side)
0
0
0
0
0
32nd Street:
TABLE 2-7
Development
Additional
Feature
CC
CG
CM
CN
CV
CV-LV
Requirements
1 ft. for below grade
structures;
1 ft. for structures up to 35
ft. in height;
70 ft. for structures over
35 ft. in height
Via Oporto:
0
Rear:
Abutting an alley
10
10
10 ft.
10 ft.
10 ft.
5 ft.
ft.
ft.
Not abutting an
0
0
0
0
0
0
alley
Abutting
5
5
5 ft.
5 ft.
5 ft.
5 ft.
residential
ft.
ft.
Section 3: Amend the row entitled "Height" in Table 2-7 (Development
Standards for Commercial Retail Zoning Districts) of Section 20.20.030
(Commercial Zoning Districts General Development Standards) of Title 20
(Planning and Zoning) of the NBMC to read as follows:
DEVELOPMENT STANDARDS FOR COMMERCIAL RETAIL ZONING DISTRICTS
Additional
Development Feature CC CG CM CN CV CV-LVT Requirements
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
Limit Zone
Not within Shoreline Height
Limit Zone
26 ft. with flat roof; less
than 3/12 pitch
31 ft. with sloped roof,
3/12 or greater pitch
32 ft. with flat roof, less
than 3/12 pitch
55 ft. with flat roof, less than
3/12 roof pitch;
60 ft. with sloped roof, 3/12
roof pitch or greater (4)
N/A
20.30.060
See CLUP Policy 4.4.2-
1
TABLE 2-7
Additional
Development Feature CC I CG I CM I CN I CV CV-LV Requirements
37 ft. with sloped roof,
3/12 or greater pitch
Within High Rise Height Area
(See Figure H-1, attached to 300 N/A
the ordinance codified in
this title).
Section 4: Delete and renumber the footnotes for Table 2-7 (Development
Standards for Commercial Retail Zoning Districts) of Section 20.20.030
(Commercial Zoning Districts General Development Standards) of Title 20
(Planning and Zoning) of the NBMC to read as follows:
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) Architectural features such as domes, towers, cupolas, spires, and similar structures may
be up to 65 feet in height.
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 ordinance, being Ordinance
No. 2022-22 was duly introduced on the 251h day of October, 2022, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 15th day of November, 2022, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Kevin Muldoon, Council Member Brad Avery, Council Member
Joy Brenner, Council Member Duffy Duffield, Council Member Will O'Neill
NAYS: None
RECUSED: Mayor Pro Tern Noah Blom
ABSENT: Council Member Diane Dixon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 16th day of November, 2022.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
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Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2022-22 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: October 29, 2022
Adopted Ordinance: November 19, 2022
In witness whereof, I have hereunto subscribed my name this day of November, 2022.
�o7J P
` Leilani I. Brown, M C
City Clerk
City of Newport Beach, California
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