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HomeMy WebLinkAbout2014-6 - Approving Zoning Code Amendments No. CA2012-006 for Zoning Designation Changes and an Increase in the Development Limit for the Newport Harbor Yacht Club Property Located at 720 West Bay Avenue (PA2012-091)ORDINANCE NO. 2014 -6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING ZONING CODE AMENDMENT NO. CA2012 -006 FOR ZONING DESIGNATION CHANGES AND AN INCREASE IN THE DEVELOPMENT LIMIT FOR THE NEWPORT HARBOR YACHT CLUB PROPERTY LOCATED AT 720 WEST BAY AVENUE (PA2012 -091) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Newport Harbor Yacht Club, with respect to property located at 720 West Bay Avenue, 800 West Bay Avenue, 711 -721 West Bay Avenue, and 710- 720 West Balboa Boulevard, and legally described as Lot 169, Block A, East Newport Tract; Lot 37, Tract 0884; Lots 8 -24, Block 5, East Newport Tract, requesting approval of General Plan Amendment, Coastal Land Use Plan Amendment, Zoning Code Amendment, Minor Use Permit, and Planned Development Permit. The following approvals are required in order to implement the project as proposed: • A General Plan Amendment to change the land use designations for certain properties (as shown in the table below) currently being used for boat storage and parking from Single -Unit Residential (RS -D) and Two -Unit Residential (RT) to Private Institutions (PI). • A Coastal Land Use Plan Amendment to change the land use designations for certain properties (as shown in the table below) currently being used for boat storage and parking from Single -Unit Residential (RSD -B) and Two -Unit Residential (RT -E) to Private Institutions (PI -A). • A Zoning Code Amendment to change the zoning designation for certain properties (as shown in the table below) currently being used for boat storage and parking from Single -Unit Residential (R -1) and Two -Unit Residential (R -2) to Private Institutions (PI). • A General Plan Amendment and Zoning Code Amendment to increase the development limit for the project site (Anomaly 67) from 20,000 square feet to 25,000 square feet to accommodate the size of the proposed building. • A Minor Use Permit to authorize the yacht club assembly use. • A Planned Development Permit for the design,, height, and parking standards for the proposed construction. City Council Ordinance No. 2014 -6 Page 2 of 6 Address 800 West Bay Avenue 711, 713, 715, and 717 706 and 708 West West Bay Avenue Balboa Boulevard Assessor 048 -021 -16, 048- 021 -17, 048 - 021 -08 and Parcel 047 - 272 -12 048- 021 -18, and 048 - 021 -07 Number 048 -021 -19 Existing Single -Unit Residential Two -Unit Residential Single -Unit Residential General Plan Detached (RS-D RT Detached (RS -D Proposed General Plan Private Institutions (PI) Private Institutions (PI) Private Institutions (PI) Existing Single Unit Residential Two Unit Residential Single Unit Residential Coastal Land Detached (RSD -B) (RT -E) Detached (RSD -B) Use Plan Proposed Coastal Land Private Institutions (PI -A) Private Institutions (PI -A) Private Institutions (PI -A) Use Plan Existing Single -Unit Residential Two -Unit Residential Single -Unit Residential Zonin R -1 R -2 R -1 Proposed Private Institutions (PI) Private Institutions (PI) Private Institutions (PI) Zonin 2. The Newport Harbor Yacht Club ( "NHYC ") has approximately 900 members who are able to use the building as a base for any number of yachting and water - oriented activities. The NHYC also provides members with the ability to enjoy a small beach, dining opportunities, and many club -wide sponsored special events. The NHYC hosts a number of sailing regattas /races year- round, including several national and internationally acclaimed events, with associated social activities. In addition, members are able to schedule private functions with restrictions on dates and attendance, including dinner parties, birthday and anniversary celebrations, and weddings. The NHYC hours of operation are Wednesday through Sunday from 9:00 a.m. to 11:00 p.m. Some staff members work Monday through Friday and certain private events occur on Mondays and Tuesdays. The NHYC has approximately 89 employees with up to 40 on -site working at any given time. 3. A study session was held on December 19, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, 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. 4. A public hearing was held on January 23, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, 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. The Planning Commission adopted Resolution No. 1931 recommending City Council approval of the proposed project. 5. A public hearing was held on February 25, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of City Council Ordinance No. 2014 -6 Page 3 of 6 the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. 6. The City Council adopted Resolution No. 2014 -19, approving General Plan Amendment No. GP2013 -003 for land use designation changes. The subject properties are designated as Private Institutions (PI) within the Land Use Element of the General Plan category. 7. The subject properties are located within the coastal zone. The City Council adopted Resolution No. 2014 -19, approving Coastal Land Use Plan Amendment No. LC2013 -003 for land use designation changes. The proposed Coastal Land Use Plan category is Private Institutions (PI -A), which will not become effective until the amendment to the Coastal Land Use Plan is approved by the California Coastal Commission, 8. The subject properties are located within the Private Institutions (PI), Single -Unit Residential (R -1), and Two -Unit Residential (R -2) Zoning Districts. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act ( "CEQK) under Class 2 (Replacement and Reconstruction). 2. Class 2 exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The existing building would be demolished and a new facility would be constructed with approximately the same building footprint with a 27 percent increase in floor area. The existing yacht club use would remain the same, with minimal or no proposed changes in the use, membership, or operational characteristics. 3. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. 1. Code Amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. City Council Ordinance No. 2014 -6 Page 4 of 6 2. The amendment will provide consistency with the existing and anticipated use of the subject properties for continued yacht club use including the associated parking and boat storage. 3. The use and future development of the property affected by the proposed amendment will be consistent with the goals and policies of the Land Use Element of the General Plan and the Coastal Land Use Plan, and the requirements of the Zoning Code. 4. The increased development limit will allow a more efficient yacht club facility with modern features built to current code requirements, without increasing noise or traffic in the vicinity. The operational characteristics should not change as a result of the increased floor area, including the number of employees, members, and special events. SECTION 4. DECISION. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: 1. The Zoning Map shall be amended as provided in Exhibit "A" attached hereto and incorporated by reference to change the zoning district of the subject properties from R -1 (Single -Unit Residential) and R -2 (Two -Unit Residential) to PI (Private Institutions). 2. The Zoning Map shall be amended to change Anomaly 67 increasing the development limit from 20,000 square feet to 25,000 square feet of gross floor area. 3. 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become final and effective upon the effective date of approval by the California Coastal Commission of the Coastal Land Use Plan Amendment (LC2012- 003). City Council Ordinance No. 2014 -6 Page 5of6 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on February 25, 2014, and adopted on March 11, 2014, by the following vote, to wit: AYES, COUNCILMEMBERS Gardner, Petros, selich, Curry Henn, Daigle, Mayor Dill NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None RUSH N. HILL, II, MAYOR ATTEST: a4� ;' fi� - LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C�� ffz-�� AARON C. HARP, CITY�ATTORNEY '%&Z:KN1A City Council Ordinance No. 2014 -6 Page 6 of 6 EXHIBIT "A" Anomaly Development Number Limit (Sq. Ft.) Zoning: off BACBOA awn W B� OA BCVp W G 048 - 021 -08 OCEAN FRONT w_` ,a BAYAVE W 4rwp,�k� CA2012 -006 (PA2012 -091) Zoning Code Amendment Newport Harbor Yacht Club ,7ent Name: PA2012 -091 Ord Exhibit ZC 0 0 75 150 Feet N T CO FAssessor Parcel Number A 047 - 272 -12 B 048 - 021 -19 C 048 - 021 -18 D 048 - 021 -17 E 048 - 021 -16 F 048 - 021 -07 Anomaly Development Number Limit (Sq. Ft.) Zoning: off BACBOA awn W B� OA BCVp W G 048 - 021 -08 OCEAN FRONT w_` ,a BAYAVE W 4rwp,�k� CA2012 -006 (PA2012 -091) Zoning Code Amendment Newport Harbor Yacht Club ,7ent Name: PA2012 -091 Ord Exhibit ZC 0 0 75 150 Feet N 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. 2014 -6 was duly and regularly introduced on the 25th day of February, 2014, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11 h day of March, 2014, and that the same was so passed and adopted by the following vote, to wit: AYES: Gardner, Petros, Selich, Curry, Henn, Daigle Mayor Hill NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of March, 2014. ��l FORr� ydialAw-- City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION 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 Ordinance No. 2014 -6 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 daily newspaper of general circulation on the following dates: Introduced Ordinance: March 1, 2014 Adopted Ordinance: March 15, 2014 In witness whereof, I have hereunto subscribed my name this day of MOM 2014. r�ik� - � wj Y � City Clerk' City of Newport Beach, California (Seal) L41PORr'; ORDINANCE NO. 2016-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, MODIFYING THE EFFECTIVE DATES OF CITY COUNCIL RESOLUTION NO. 2014-19, RESOLUTION NO. 2014-20, AND ORDINANCE NO. 2014-6 REGARDING A REPLACEMENT CLUBHOUSE FOR THE NEWPORT HARBOR YACHT CLUB LOCATED AT 720 WEST BAY AVENUE (PA2012-091) WHEREAS, an application was filed by Newport Harbor Yacht Club, with respect to property located at 720 West Bay Avenue, 800 West Bay Avenue, 711-721 West Bay Avenue, and 710-720 West Balboa Boulevard, and legally described as Lot 169, Block A, East Newport Tract; Lot 37, Tract 0884; Lots 8-24, Block 5, East Newport Tract requesting approval of a General Plan Amendment No. GP2012-003, Coastal Land Use Plan Amendment No. LC2012- 003, Zoning Code Amendment No. CA2012-006, Minor Use Permit No. UP2012-016, and Planned Development Permit No. PL2012-002 for the demolition of an existing yacht clubhouse facility and construction of a new replacement 23,163 square foot facility (Project); WHEREAS, on February 25, 2014, the City Council of the City of Newport Beach (City Council) adopted Resolution No. 2014-19 approving General Plan Amendment No. GP2012- 003 and Coastal Land Use Plan Amendment No. LC2012-003; WHEREAS, Section 4.5 of Resolution No. 2014-19 stipulates the approval of these amendments shall take effect upon certification of the Coastal Land Use Plan Amendment No. LC2012-003; WHEREAS, on February 25, 2014, the City Council adopted Resolution No. 2014-20 approving Minor Use Permit No. UP2012-016 and Planned Development Permit No. PL2012- 002 for the replacement yacht club facility. Resolution No. 2014-20 also rescinded Variance No. VA0863, Use Permit No. UP0652, Use Permit No. UP1517, and Use Permit No. UP3645. Section 4.3 of Resolution No. 2014-20 specifies that these actions shall take effect upon certification of the Coastal Land Use Plan Amendment No. LC2012-003; WHEREAS, on March 11, 2014, the City Council adopted Ordinance No. 2014-6 approving Zoning Code Amendment No. CA2012-006; WHEREAS, Section 4.4 of Ordinance No. 2014-6 specifies that the ordinance shall take effect upon certification of the Coastal Land Use Plan Amendment No. LC2012-003; WHEREAS, the City Council found the approval of the Project categorically exempt pursuant to California Environmental Quality Act (CEQA) Section 15302 (Class 2, Replacement and Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 2 exemption allows for the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The existing building would be demolished and a new facility would be constructed with approximately the same building footprint with a 27 percent increase in floor area. The existing yacht club use would remain the same, with minimal or no proposed changes in the use, membership, or operational characteristics; Ordinance No. 2016-16 Page 2 of 4 WHEREAS, Coastal Land Use Plan Amendment No. LC2012-003 was submitted by the Community Development Department to the California Coastal Commission (CCC) for consideration (CCC Application No. LCP-5-NPB-1 4-0611 -1); WHEREAS, the Newport Harbor Yacht Club filed an application with the CCC for a Coastal Development Permit (CDP) to authorize the construction of a new clubhouse to replace the existing clubhouse authorized by the City of Newport Beach (City) by Minor Use Permit No. UP2012-016 and Planned Development Permit No. PL2012-002 (CDP No. 5-15- 1459); WHEREAS, it was determined that the proposed new replacement clubhouse did not require the certification of Coastal Land Use Plan Amendment No. LC2012-003, and on September 8, 2015, the City withdrew CCC Application No. LCP-5-NPB-14-0611-1. As a result, Coastal Land Use Plan Amendment No. LC2012-003 was never certified by the CCC; WHEREAS, on March 10,. 2016, the CCC approved CDP No. 5-15-1459 for the demolition of the existing clubhouse and the construction of a replacement clubhouse facility for the Newport Harbor Yacht Club. The CDP also included temporary clubhouse facilities for use during construction; WHEREAS, the Project requires the approval of General Plan Amendment No. GP2012-003, Zoning Code Amendment No. CA2014-006, Minor Use Permit No. UP2012-016 and Planned Development Permit No. PL2012-002 including the rescinding of Variance No. VA0863, Use Permit No. LIP0652, Use Permit No. UP1517, and Use Permit No. UP3645 authorized by Resolution No. 2014-19, Resolution No. 2014-20, and Ordinance No. 2014-6; and WHEREAS, the City Council desires to make Resolution No. 2014-19, Resolution No. 2014-20 and Ordinance No. 2014-6 effective without the certification of Coastal Land Use Plan Amendment No. LC2012-003 (CCC Application No. LCP-5-NPB-1 4-0611 -1). NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Subpart 5, in Section 4 (DECISION) of Resolution No. 2014-19 is hereby amended to read: "These actions shall become final and effective upon the effective date of Ordinance No. 2016-16." Section 2: Subpart 3, in Section 4 (DECISION) of Resolution No. 2014-20 is hereby amended to read: "These actions shall become final and effective upon the effective date of Ordinance No. 2016-16." Ordinance No. 2016-16 Page 3 of 4 Section 3: Subpart 4, in Section 4 (DECISION) of Ordinance No. 2014-6 is hereby amended to read: "The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become final and effective upon the effective date of Ordinance No. 2016-16." Section 4: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Except as expressly modified herein, all other parts of Resolution No. 2014-19, Resolution No. 2014-20, and Ordinance No. 2014-6 shall remain unchanged and in effect. Section 5: 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 6: The City Council finds the introduction and adoption of this ordinance exempt pursuant to CEQA Section 15302 (Class 2, Replacement and Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 2 exemption allows for the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The existing building would be demolished and a new facility would be constructed with approximately the same building footprint with a 27 percent increase in floor area. The existing yacht club use would remain the same, with minimal or no proposed changes in the use, membership, or operational characteristics. Additionally, the City Council finds this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7: 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. III Ordinance No. 2016-16 Page 4 of 4 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, 2016, and adopted at a special meeting of the City Council of the City of Newport Beach held on the 7th day of November, 2016, by the following vote, to -wit: AYES: Council Member Peotter, Council Member Selich Council Member Curry, Mayor Pro Tem Muldoon NAYS: RECUSED: Council Member Duffield, Mayor Dixon ABSENT: Council Member Petros �— 'k ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani 1. 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. 2016-16 was duly and regularly introduced on the 25th day of October, 2016, and adopted by the City Council at a special meeting duly held on the 7'h day of November, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Selich, Council Member Curry, Mayor Pro Tem Muldoon NAYS: None RECUSED: Council Member Duffield, Mayor Dixon ABSENT: Council Member Petros IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 81h day of November, 2016. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } Leilani I. Brown, MMC City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2016-16 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: 2016. Introduced Ordinance: October 29, 2016 Adopted Ordinance: November 12, 2016 In witness whereof, I have hereunto subscribed my name this day of Leilani I. Brown, MMC City Clerk City of Newport Beach, California (Seal)