HomeMy WebLinkAbout13 - Newport Harbor Yacht Club Reconstruction - 720 West Bay Avenue (PA2012-091)Q �EwPpRr
CITY OF
z NEWPORT BEACH
City Council Staff Report
October 25, 2016
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
PREPARED BY: James Campbell, Principal Planner,
0cam pbelI(a-),newportbeachca.gov
PHONE: (949) 644-3210
TITLE: Newport Harbor Yacht Club Reconstruction - 720 West Bay Avenue
(PA2012-091)
ABSTRACT:
In 2014, the City approved 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;
these actions authorized the demolition of the existing clubhouse facility and the
construction of a new and larger replacement facility (Project). In addition, these actions
were contingent upon the California Coastal Commission's (CCC) approval of Coastal
Land Use Plan Amendment No. LC2012-003, which was subsequently deemed
unnecessary. The recommended action would amend Resolution No. 2014-19,
Resolution No. 2014-20, and Ordinance No. 2014-6 making the City's approval of the
Project effective without the approval of Coastal Land Use Plan Amendment No.
LC2012-003.
RECOMMENDATION:
a) Find the adoption of the recommended ordinance exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA
Guidelines; and
b) Introduce 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), and pass to second reading on November 8, 2016.
13-1
Newport Harbor Yacht Club Reconstruction - 720 West Bay Avenue (PA2012-091)
October 25, 2016
Page 2
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
In February 2014, the City approved a General Plan Amendment, Coastal Land Use
Plan (CLUP) Amendment, Zoning Code Amendment, Planned Development Permit,
and Minor Use Permit for a replacement club facility for the Newport Harbor Yacht Club.
Resolution No. 2014-19 (Attachment B), Resolution No. 2014-20 (Attachment C), and
Ordinance No. 2014-6 (Attachment D), which authorized the Project, made the City's
actions contingent upon CCC certification of the CLUP amendment.
Staff submitted the CLUP amendment application to the CCC for review and approval.
During the review process, and prior to CCC action, the CLUP amendment application
was deemed unnecessary. In September 2015, City staff withdrew the CLUP
amendment application after consultation with representatives of the Newport Harbor
Yacht Club. In March 2016, the CCC approved a Coastal Development Permit for the
replacement clubhouse as requested by the Newport Harbor Yacht Club.
Given that the CLUP amendment was withdrawn and not acted upon by the CCC, the
resolutions and ordinance that originally approved the Project are not effective.
Construction of the project requires the City's actions to be effective, with the exception
of the CLUP amendment, for the project to be consistent with the General Plan and
Municipal Code. The adoption of the attached ordinance will modify the resolutions and
ordinance making the actions taken in February 2014, effective and allow the approved
project to proceed with construction. The recommended action would not modify the
previously approved project.
=1ki1V1:7o]kiIM1:30kEYE NAN1A►ds
In February 2014, the City Council found the approval of the project categorically
exempt pursuant to Section 15302, of the CEQA Guidelines - Class 2 (Replacement or
Reconstruction), which 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 only a minor 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.
Staff recommends the City Council find this action exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302 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 for the reasons cited previously
13-2
Newport Harbor Yacht Club Reconstruction - 720 West Bay Avenue (PA2012-091)
October 25, 2016
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A - Draft Ordinance
Attachment B
- Resolution No. 2014-19
Attachment C
- Resolution No. 2014-20
Attachment D
- Ordinance No. 2014-6
13-3
Attachment A
Draft Ordinance
13-4
ORDINANCE NO. 2016 -
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
13-5
Ordinance No. 2016-##
Page 2 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;
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-14-0611-1);
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. UP0652, 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-14-0611-1).
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:
13-6
Ordinance No. 2016-##
Page 3 of _
"These actions shall become final and effective upon the effective date of
Ordinance No. 2016--."
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--."
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--."
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
13-7
Ordinance No. 2016 -
Page 4 of 4
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.
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 on the 8th day of
November, 2016, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
601 WO rd 0901 Lei ►[a]LUyiINI►yil 0.1s
Diane B. Dixon, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATT Efl'S OFFICE
AARON C- RP, CITY ATTORNEY
13-8
Attachment B
Resolution No. 2014-19
13-9
RESOLUTION NO. 2014-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING GENERAL PLAN
AMENDMENT NO. GP2012-003 AND COASTAL LAND USE
PLAN AMENDMENT NO. LC2012-003 FOR LAND USE
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 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 (P1 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 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.
13-10
City Council Resolution No. 2014-19
Page 2 of 5
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
Private Institutions (PI)
Private Institutions (PI)
Private Institutions (PI)
General Plan
Existing
Coastal Land
Single Unit Residential
Two Unit Residential
Single Unit Residential
Use Plan
Detached (RSD -B)
(RT -E)
Detached (RSD -B)
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
ZQni�
R-1
R-2
R-1
Proposed
Private Institutions (PI)
Private Institutions(PI)
Private Institutions (Pl)
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. The subject properties are located within the Private Institutions (PI), Single -Unit
Residential (R-1), and Two -Unit Residential (R-2) Zoning District and the General Pian
Land Use Element categories are Private Institutions (PI), Single -Unit Residential
Detached (RS -D), and Two -Unit Residential (RT).
4. The subject properties are located within the coastal zone. The Coastal Land Use Plan
categories are Private Institutions (PI -A), Single Unit Residential Detached (RSD -B), and
Two Unit Residential (RT -E). The requested change of the Coastal Land Use Plan
designation for certain properties from RS -B and RT -E to Pl-A will not become effective
until the amendment' to the Coastal Land Use Plan is approved by the Coastal
Commission.
5. 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
13-11
City Council Resolution No. 2014-19
Page 3 of 5
thresholds, a vote of the electorate would be required: if the project generates more
than 100 peak hour trips (AM or PM); adds 40,000 square feet of nonresidential floor
area; or adds more than 100 dwelling units in a statistical area. This is the second
General Plan Amendment that affects Statistical Area D2 since the General Plan
update in 2006. The amendment results in no increase in the number of dwelling units
and 5,000 additional square feet of nonresidential floor area. The additional floor area
results in an increase of 1.73 AM peak hour trips and an increase of 0.15 PM peak
hour trips based on the General Plan Public, Semi -Public and Institutional trip rate
reflected in Council Policy A-18. As none of the thresholds specified by Charter
Section 423 are exceeded, no vote of the electorate is required.
6. Pursuant to Section 65852.8 of the California Government Code, the appropriate tribe
contacts identified by the Native American Heritage Commission were provided notice
of the proposed General Plan Amendment on August 23, 2012, The California
Government Code requires 90 days to allow tribe contacts to respond to the request to
consult unless the tribe contacts mutually agree to a shorter time period. The
response period ended on November 21, 2012, and no requests for consultation were
received.
7. 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.
8. 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.
9. 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
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.
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 ("CEQA") 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
13-12
City Council Resolution No. 2014-19
Page 4 of 5
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. 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.
2. The proposed amendments 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
amendments will be consistent with the goals and policies of the Land Use Element of
the General Plan and the Coastal Land Use Plan.
4. The General Plan Amendment to increase the development limit to 25,000 square feet
for Anomaly 67 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.
5. The amended development limit of 25,000 square feet for the entire 2.74 acre project
site is consistent with the maximum 0.30 floor area ratio for the Coastal Land Use Plan
PI -A designation.
6. The City's certified Coastal Land Use Plan, including this amendment shall be
implemented in a manner fully in conformity with the Coastal Act.
SECTION 4. DECISION,
NOW, THEREFORE, BE IT RESOLVED;
The City Council of the City of Newport Beach hereby approves General Plan
Amendment No. GP2012-003 and Coastal Land Use Plan Amendment No. LC2012-003,
as shown on Exhibit A, which is attached hereto and incorporated by reference,
13-13
City Council Resolution No. 2014-19
Page 5 of 5
2. The General Plan shall be amended to increase the development limit from 20,000
square feet to 25,000 square feet of gross floor area for Anomaly 67;
3. The City Council of the City of Newport Beach hereby authorizes submittal of the Local
Coastal. Program Coastal Land Use Plan Amendment to the California Coastal
Commission for review and approval;
4. The Coastal Land Use Plan will be carried out fully in conformity with the California
Coastal Act; and
5, These actions shall take effect automatically upon California Coastal Commission action,
unless the Coastal Commission proposes suggested modifications to the proposed
Coastal Land Use Pian Amendment. In the event that the Coastal Commission approves
the Amendment with suggested modifications, City approval of the modified Amendment
shall require a separate action by the City Council following Coastal Commission
approval. In this case, the Amendment would become effective upon the effective date
of the Coastal Commission certification of the modified Amendment.
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF FEBRUARY, 2014,
ATTEST:
CITY CLERK
Y r (—)
13-14
EXHIBIT "A"
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Assessor Parcel Number $gL$OAgLV[)W
A 047-272-12
B 048-021-19
C 048-021-18
Q 048-021-17 '
E 048-021-16
F 048-021-07
G 048-021-08
�c6Ary
708
AVE
AVE VI/
0 75
y ; . rrr GP2012-003 (PA2012-091)
µ '. General Plan Amendment
^rtx,,:•� Newport Harbor Yacht Club
Document Name: PA 2012-099 Reso Exhibit GP
Page 1
Iso
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13-15
�Jca
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I
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t
-
I
Assessor
Parcel Number
A
047-272-12
B
048-021-19
C
0148-021-18
D
048-021-17
E
048-021-16
F
048-021-07
G
048-021-08
8AL8OA 8Lvo 0/
oCIFaN'"RONr VV
-r�}�t➢� LC2013-003 (PA2012-091)
Coastal Land Use Plan Amendment
Newport Harbor Yacht Club
Document Name: PA2012-091 Reso Exhibit LC Page 2
0 75 150
Feet
13-16
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF NEWPORT BEACH
I, L.eilani 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 resolution, being Resolution
No. 2014-19 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 25`h day of February, 2014, and that the
sante 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, 1 have hereunto subscribed my name and affixed the official seal of
said City this 26'" day of February, 2014.
;!y&Mz�'yr"-
City Clerk
Newport Beach, California
(Seal)
RNID+
13-17
Attachment C
Resolution No. 2014-20
13-18
RESOLUTION NO. 2014.20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2012-016 AND PLANNED DEVELOPMENT PERMIT
NO. PL2012-002 FOR A REPLACEMENT YACHT CLUB
FACILITY FOR THE PROPERTIES LOCATED AT 724 NEST
BAY AVENUE AND RESCINDING VARIANCE NO. VA0863, USE
PERMIT NO. UP0652, USE PERMIT NO. UP1517, AND USE
PERMIT NO. UP3645 FOR THE NEWPORT HARBOR YACHT
CLUB (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 7201 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 01884; 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 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 Pian Amendment to change the land use designations for
certain properties 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 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 20,0001 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.
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
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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 1.1:00 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. On July 21, 1960, the Planning Commission approved Use Permit No. UP0652 to allow
NHYC use on property located at 800 West Bay Avenue. On May 20, 1965, the
Planning Commission"approved Variance No. VA0863 to allow off-street parking for the
NHYC on property located at 721 West Bay Avenue and 720 West Balboa Boulevard.
On March 4, 1971, the Planning Commission approved Use Permit No. UP1517 to allow
off-street parking for the NHYC on property located at 714, 716, and 718 West Balboa
Boulevard. On January 7, 1999, the Planning Commission approved Use Permit
No. UP3645 to allow the expansion of the NHYC parking lot to include 711, 713, and 715
West Bay Avenue. The subject application includes approval of a Minor Use Permit to
authorize the yacht club assembly use, and a Planned Development Permit and Parking
Management Plan to authorize the off-street parking for the NHYC; therefore, the
previous Variance and Use Permits are no longer required.
4. 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.
5. 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.
6, 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
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.
7. The City Council adopted Resolution No. 2014-19, approving General Plan Amendment
No. GP2013y-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, which will become final and effective upon the effective date of approval by the
California Coastal Commission of the Coastal Land Use Plan Amendment (LC2012-003).
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8. 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 Coastal Land Use Plan category is Private
Institutions (PI -A). The requested change of the Coastal Land Use Plan designation for
certain properties from Single Unit Residential Detached (RSD -B) and Two Unit
Residential (RT -E) to PI -A will not become effective until the amendment to the Coastal
Land Use Plan is approved by the Coastal Commission.
9. The City Council introduced Ordinance No. 2014-6, approving Zoning Code Amendment
No, CA2013-006 for zoning designation changes, and passed to second reading on
March 11, 2014. The subject properties are located within the Private Institutions (PI)
Zoning District, which will become final and effective upon the effective date of approval
by the California Coastal Commission of the Coastal Land Use Plan Amendment
(LC2012-003).
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 ("CEQA") 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. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits),
Section 20.52.060 (Planned Development Permits), and Section 20.30.060 (Height Limits
and Exceptions) of the Newport Beach Municipal Code, the following findings and facts in
support of such findings are set forth.
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Minor Use Permit Findings
Ft'nding:
A. The use is consistent with the General flan and any applicable specific plan.
Facts in Support of Finding:
The proposed yacht club use is consistent with the Private Institutions (PI) land use
designation of the General Plan, which is intended to provide for privately -owned facilities
that serve the public, including places for religions assembly, private schools, health care,
cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities.
2. The proposed project includes a General Plan Amendment to change the land use
designation to PI for portions of the project site that are used for boat storage and parking.
The properties are being used for yacht club use, so the amendment will bring
consistency to the project site and ensure efficient review for future projects.
3. The proposed project includes amending the General Plan to increase the development
limit from 20,000 square feet to 25,000 square feet for the project site. The proposed
24,4213 -square -foot yacht club facility is consistent with this development limit.
4. The proposed project is consistent with the Historical Resources Element of the General
Plan. The yacht club facility is not listed on any national, state, or City registry, including
the properties designated in the General Plan. The NHYC is included on a City Historic
Resource Inventory developed in 1992 by an Ad Hoe Historic Preservation Advisory
Committee. The inventory was never officially adopted by the City, and the structures
were never placed on the City Register, but the inventory still serves as a useful guide to
potentially historic properties that may have historic or cultural significance to the City.
The City retained Chambers Group for the preparation of a historical resource report to
determine if the existing yacht club has any historical significance and if it is a historical
resource pursuant to the CEQA. The investigation revealed that the NHYC and its
associated built environment features have undergone extensive nonhistoric-period
alterations that have significantly undermined any potential historic integrity of the subject
property. As a result of these significant alterations and loss of integrity, the project area
does not meet the criteria of eligibility for inclusion in the California Register of Historical
Resources ("CRHR") either as an individual property or as a contributor to a potentially
eligible historic district. Accordingly, the project will not directly or indirectly impact or
cause a substantial adverse change to any CRHR-eligible properties or historical
resources for purposes of the CEQA.
5. The subject property is not located within a specific pian area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
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Facts in Support of Finding:
The proposed yacht club use is located in the Private Institutions (PI) Zoning District,
which is intended to provide for areas appropriate for privately --owned facilities that serve
the public, including places for assembly/meeting facilities, congregate care homes,
cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs,
and comparable facilities. Yacht dubs (assembly uses) are allowed within this Zoning
District with. approval of a Minor Use Permit. The Minor Use Permit approval is consistent
with Section 20.52.020 (Conditional and Minor Use Permits) of the Zoning Code regarding
assembly use and ensures project compatibility with the neighborhood through conditions
of approval that address hours of operation, parking, and special events.
2. The proposed project includes a Zoning Cade Amendment to change the zoning
designation: to Private Institutions for portions of the project site that are used for boat
storage and parking. The amendment will bring consistency to the project site and ensure
efficient review for future projects.
3. The Planned Development Permit approval is consistent with Section 20.52.060 (Planned
Development Permits) of the Zoning Code regarding the adjustment to the off-street
parking requirement in conjunction with the Parking Management Plan because the
proposed project will not increase the parking demand. The applicant provided a parking
study, conducted by Pirzadeh Associates, which demonstrated that the 123 -space parking
lot is sufficient for the day-to-day needs of the yacht club and that parking can be
adequately managed for special events.
4. The Planned Development Permit approval is consistent with Section 20.52.060 (Planned
Development Permits) and Section 20.30.050 (Height Limits and Exceptions) of the
Zoning Code regarding the height of the proposed yacht club facility. The project site is
located within the nonresidential, shoreline height limit area, which limits the height of
structures to 26 feet for a flat roof and 31 feet for a sloped roof, With approval of the
Planned Development Permit, the height can be increased to 35 feet for structures with a
flat roof and 40 feet for structures with a sloped roof. The proposed project includes a flat
roof/parapet that is 26 feet 6 inches in height, a sloped roof at 31 feet 6 inches, and a
sloped roof at 36 feet 3 inches. The increased height will not result in undesirable or
abrupt scale changes as the design of the structure provides adequate setbacks from the
property lines and variation in the roofline. Furthermore, the nearby residential uses are
not located in close proximity to the proposed structure.
Finding:
C. The design, location, size, and operating characteristics of tete use are compatible with the
allowed uses in the vicinity.
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Facts in Support of Finding:
The proposed project is located within a nonresidential zoning district, but residential uses
are located nearby. The yacht club use has existed at this location for approximately 100
years and the use has proven compatible with the allowed residential uses in the vicinity.
2. The yacht club is proposed to have a similar design as the existing facility, including white
vertical and horizontal siding with asphalt roofing. The proposed building would be
located in the same area on the subject property as the existing building and maintain the
same architectural theme. The proposed design is compatible with the allowed residential
uses in the area.
3. The size of the proposed yacht club facility is compatible with the nearby residential uses.
The allowed floor area is located entirely on the primary lot, leaving the boat storage and
parking area open and free of permanent structures. The yacht club facility is proposed to
have approximately the same footprint as the existing structure with a larger second floor.
4. The operational characteristics are not intended to change as a result of the proposed
project. The operating characteristics are currently, and would remain, compatible with
the allowed residential uses in the vicinity. The intent is to maintain membership at
approximately 900 members. The clubhouse is currently open 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 yacht club has
approximately 89 employees with up to 40 on-site working at any given time. Employees
driving to work park in the parking lot, which is directly across West Bay Avenue from the
yacht club facility.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities.
Facts in Support of Finding:
1. The lot that is proposed to be developed with the yacht club facility is approximately
73,869 square feet in area, a portion of which contains the beach and water from Newport
Channel. The lot is of sufficient size for the existing and proposed buildings, the boat
storage and launch areas, and open space provided on the lot. The boat storage and
parking lots will not be changed and have functioned satisfactorily for several years.
2. The subject properties abut public rights-of-way on at least one side, are generally
rectangular in shape, and do not contain significant grade changes.
3. The yacht club facility would have several points of ingress and egress, multiple
staircases, and would provide sufficient walkways for emergency services. West Bay
Avenue, the nearby alleys, and 8th Street provide access for the provision of public and
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emergency vehicle access and public services. The existing utilities will continue to
accommodate the proposed project.
4. The Public Works Department, Building Division, and Fire Department have reviewed the
application. The project is required to obtain all applicable permits from the City Building
and Fire Departments and must comply with the most recent, City -adopted version of the
California Building Code.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons residing
or working in the neighborhood of the proposed use.
Facts in Support of Finding:
The yacht club and ancillary uses are compatible with the residential uses in the vicinity.
The use has been in existence at this location for almost 100 years and has not proven
detrimental thus far.
2. The subject property is not located near a Coastal View Road or Public View Point;
therefore, the proposed project will not have an effect on public coastal views.
3. The proposed changes to the parking requirements will not be detrimental, as sufficient
parking is located in the existing lot and will be properly managed through the approved
Parking Management Plan.
4. The elevation of the slab is being increased above code requirements to assure long-term
flood protection. Additionally, the seawall is proposed to be reinforced and raised.
Planned Development Permit Findings
619m, .
F. The proposed development would.-
a.
ould:
a. Include only uses allowed within the base zoning district;
b. Be substantially consistent with the purpose, intent, goals, policies, actions, and
land use designations of the General Plan, and any applicable specific plan;
c. Be substantially consistent with the purpose and intent of the base zoning district;
d. include sustainable improvement standards and protection of environmental
resources; and
e. Be compatible with other development within the zoning district and general
neighborhood of the proposed project.
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Facts in Support of Finding:
1. The proposed development meets the intent of the General Plan. The proposed yacht
curb use is consistent with the Private Institutions (PI) land use designation of the General
Plan, which is intended to provide for privately -owned facilities that serve the public,
including places for religious assembly, private schools, health care, cultural institutions,
museums, yacht clubs, congregate homes, and comparable facilities.
2. The subject property is not located within a specific plan area.
3. The proposed yacht club use is located in the Private Institutions (PI) Zoning District,
which is intended to provide for areas appropriate for privately -owned facilities that serve
the public, including places for assembly/meeting facilities, congregate care homes,
cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs,
and comparable facilities. The proposed yacht club use is allowed within this Zoning
District with approval of a Minor Use Permit. The Minor Use Permit approval is consistent
with Section 20.52.020 (Conditional and Minor Use Permits) of the Zoning Code regarding
assembly use and ensures project compatibility with the neighborhood through restrictions
on hours of operation, parking, and special events. Other yacht clubs in the City are
located within the PI Zoning District.
4. The proposed project is located within a nonresidential zoning district, but residential uses
are located nearby. The yacht club use has existed at this location for approximately 100
years and the use has proven compatible with the allowed residential uses in the vicinity.
Findin
G. The project would produce a development of higher quality and greater excellence of
design than that might otherwise result from using the standard development regulations.
Facts in Support of Finding;
1. By allowing the existing parking to remain, the functionality of the site can remain. Having
the entirety of the off-street parking in one location with boat storage and the yacht club
facility across Vilest Bay Avenue is a higher quality design then what would be possible
under the standard parking regulations.
2, The additional height of the building results in a higher quality of design by keeping the
building located within the same footprint and allowing a larger second floor than exists
currently, and providing large setbacks to the side property lines. The increase in height
allows for excellence of design through the use of light and shadow, and varied roof
planes.
3. The floor area to land area ratio ("FAR") is 0.21 for the entire project site, which is low
compared with other lots located within the Private Institutions Zoning District and other
nonresidential districts.
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Finding:
H. The subject site is adequate in terms of size, shape, topography, and circumstances to
accommodate the proposed development.
Facts in Support of Finding:
1. The lot that is proposed to be developed with the yacht club facility is approximately
73,859 square feet in area, a portion of which contains the beach and water from Newport
Channel. The lot is of sufficient size for the existing and proposed buildings, the boat
storage and launch areas, and open space provided on the lot. The 5,705 -square -foot lot
used for boat storage. and 39,994 -square -foot parking lot will not be changed as part of
the proposed application and have functioned satisfactorily for several years.
Finding:
1. The project, as conditioned, will not have a substantial adverse effect on surrounding
properties or allowed uses.
Facts in Support of Finding:
1. The proposed project is located within a nonresidential zoning district with residential uses
located nearby. The yacht club use has existed at this location for almost 100 years and
the use has proven compatible with the allowed residential uses in the vicinity.
2. The conditions of approval include a requirement for a Parking Management Plan to
ensure that the proposed project does not have any negative effects on the neighborhood
regarding. parking and traffic. The conditions further limit the hours of operation to ensure
the yacht club use does not produce any noise issues during late hours. Furthermore, the
project includes landscaping along Vilest Bay Avenue.
Finding:
J. The project includes improved quality of life provisions and enhanced amenities, including
an additional and appropriate variety of structure placement and orientation opportunities,
appropriate mix of structure sizes, high quality architectural design, common open space,
landscaping, parking areas, private open space, public art, recreational amenities for
adults andfor children, private or separated entrances, sustainable improvement
standards (e.g., energy efficient building design, construction, and operation; convenient
pedestrian and bicycle circulation; water and resource conservation), etc.
Facts in Support of Finding:
The design of the proposed project includes high quality materials, landscaping, open
areas, and walls to screen the boat storage areas. The view from the harbor includes,
open deck areas, numerous windows, and visually open guardrails, which enhances the
view from the water.
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2. The existing beach area will remain and several outdoor dining and seating areas are
proposed.
3. The Newport Harbor Yacht Club is one of several located on the Harbor/Bay.
Finding,:
K: The design, location, operating characteristics, and size of the project would be
compatible with the existing and future uses in the vicinity, in terms of aesthetic values,
character, scale, and view protection.
Facts in Support of Finding:
The yacht club facility is proposed to have a similar design as the existing facility,
including white vertical and horizontal siding with asphalt roofing. The proposed building
would be located in the same area on the subject property as the existing building and
maintain the same architectural theme. The nautical architectural theme is compatible
with the building's bayfront location and allowed residential uses in the area.
2. The size of the proposed yacht club facility is compatible with the nearby residential uses.
The allowed floor area is located entirely on the primary lot, leaving the boat storage and
parking area open and free of permanent structures. The yacht club facility is proposed to
have approximately the same footprint as the existing structure with a larger second floor.
3. The operational characteristics are not intended to change as a result of the proposed
project. The operating characteristics are currently, and would remain, compatible with
the allowed residential uses in the vicinity. The intent is not to increase membership
beyond current levels of approximately 900 members. The clubhouse is currently open
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
yacht club has approximately 89 employees with up to 40 ort -site working at any given
time, Employees driving to work park in the parking lot, which is directly across West Bay
Avenue from the yacht club facility.
4, The subject property is not located near a Coastal View Road or Public View Point;
therefore, the proposed project will not have an effect on any coastal views. The design
of the protect allows the bulb of the building to remain to the center of the lot, leaving the
rest of the project site open.
Planned Development Permit Height Findings
Finding:
L, The project applicant is providing additional project amenities beyond those that are
otherwise required. Examples of project amenities include, but are not limited to:
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a. Additional landscaped open space,
b. Increased setback and open areas;
c. Enhancement and protection of public views;
Facts in Support of Finding:
1. The proposed project includes additional landscaping located along West Bay Front of the
building along the public sidewalk.
2. The proposed structure is generally located within the same footprint of the existing
structure, allowing the remaining areas of the project site to remain open. The primary lot
with the proposed building is 500 feet in width and the building is setback approximately
210 feet from the eastern side property line and 140 feet from the western side property
line. The building is proposed to be a minimum of 4 feet from the front property line. The
required 10 -foot bulkhead setback is provided, and the building will be located a minimum
of 15 feet from the rear property line.
3. The subject property is not located near a Coastal View Road or Public View Point;
therefore, the proposed project will not have an effect on any coastal views. The design
of the project allows the bulk of the building to remain in the center of the lot, leaving the
rest of the project site open.
Finding.
M. The architectural design of the project provides visual interest through the use of light and
shadow, recessed planes, vertical elements, and varied root' planes.
Facts in Support of Finding:
1. The proposed design includes varied roof planes, window treatments, bay windows,
varied wall planes and other building modulations, dormers, and trellis and patio covers.
The second floor is setback from the first floor and all four elevations include architectural
treatments.
Finding,
N. The increased height will not result in undesirable or abrupt scale changes or
relationships being created between the proposed structure(s) and existing adjacent
developments or public spaces. 'Where appropriate, the proposed structure(s) provides a
gradual transition to taller or shorter structures on abutting properties.
Facts in Support of Finding:
1. The increased height would not result in undesirable or abrupt scale changes between the
proposed structure and existing adjacent residences due to the large distance between
the proposed building and the residences in the vicinity. The proposed building would be
located in the middle; of the 500 -foot -wide lot. The sides of the building would step down
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to single -story edges as a transition providing compatibility of scale and architectural
character to the surrounding residential neighborhood.
Finding:
O. The structure will have no more floor area than could have been achieved without the
approval of the height increase.
Facts in Support of Finding:
1. The Planned Development Permit does not increase the allowed floor area for the project
site. The development limit is established by the General Plan. The proposed structure is
generally located within the same footprint of the existing structure. The existing and
proposed structures are two stories, and the additional height for the proposed structure
does not allow for additional floor area beyond that required by the requested
amendments.
2. The floor area to land area ratio ("FAR") is 0.21 for the entire project site, which is
significantly lower than several other lots located within the Private Institutions Zoning
District.
In accordance with the City's Coastal Land Use Plan and the California Coastal Act of 1976,
the following finding and facts in support of such finding regarding Coastal Access are set
forth:
P. Substantial public access to the coast is provided near the project.
Facts in Support of Finding:
1. The subject property is not designated within the Coastal Land Use Plan as a potential
area to provide lateral or vertical access, and public access exists nearby.
2. Vertical access to the harbor and ocean are provided at most of the north -south street
ends in the area.
3. Lateral access to the harbor is provided in the vicinity to the east of the subject property
along Buena Vista Boulevard.
4. Lateral access to the ocean is provided in the vicinity to the south of the subject property
along the walkway on the south (beach) side of the peninsula,
5. A public alley is located between 800 and 7.201 South Bay Front that provides vertical
access from West Bay Avenue to the harbor.
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6. A public beach is located along West Bay Avenue to the west of the subject property
between Stn Street and 10ttt' Street.
7. Other public access to the beach on the Balboa Peninsula includes the south side of the
peninsula and the future Marina Park project.
SECTION 4, DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council of the City of Newport Beach hereby approves Minor Use Permit
No. UP2012-016 and Planned Development Permit No. PL2012-002, subject to the
conditions set forth in Exhibit A, which is attached hereto and incorporated by reference.
2, • This resolution rescinds Variance No. VA0863, Use Permit No. UP0652, Use Permit
No. UP1517, and Use Permit No. UP3645, which shall become null and void upon
vesting of the rights authorized by Minor Use Permit No. UP2012-016 and Planned
Development Permit No. PI -2012-002.
3. These actions 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).
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF FEBRUARY, 2014.
ATTEST:
CITY CLERK
0Lf pov��
MAYOR
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EXHIBIT 'W$
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval, except
as modified by applicable conditions of approval.
2. Minor Use Permit No. UP2012-016 and Planned Development Permit No. PL2012-002
shalt expire unless exercised within 24 months from the date of approval as specified in
Section 20.54.060 of the Municipal Code, unless an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit,
5. The Minor Use Permit and Planned Development Permit may be modified or revolted
by the City Council, should they determine that the proposed uses or conditions under
which it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
6. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Minor Use Permit and Planned
Development Permit or the processing of a new Minor Use Permit and Planned
Development Permit,
7. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
8. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City -
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
9. Prior to issuance of building permits for the proposed project, approval from the
California Coastal Commission shall be required.
10. Prior to the issuance of a building permit for the proposed project, the applicant shall
pay any unpaid administrative costs associated with the processing of this application
to the Planning Division.
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11. Prior to the issuance of building permits for the proposed project, a final Water Quality
Management Plan shall be submitted to and approved by the Building Division.
12. The building materials shall consist of vertical and horizontal white siding, asphalt shingle
roofing, exposed wood columns and trusses, and visually open guardrails, with the
final design to be approved by the Community Development Director prior to issuance
of a building permit for construction of the proposed project.
13. The hours of operation are limited to between 8:00 a.m. and 11.00 p.m., Sunday
through Thursday and between 8:00 a.m. and 12:00 a.m. (midnight) Friday and
Saturday.
14. The Parking Management Plan shall be utilized at all times. Any changes shall require
review and approval by the Community Development Director.
15. No outside paging system shall be utilized in conjunction with this establishment.
10. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self -latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
17, The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter, debris, and graffiti from
the premises and on all abutting sidewalks within 20 feet of the premises.
10. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained
dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the
Planning Division. Cleaning and maintenance of trash dumpsters shall be dome in
compliance with the provisions of Title 14, including all future amendments (including
Water Quality related requirements).
10, Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 5:00 a.m., daily, unless otherwise approved by the Community
Development Director.
20, Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
21. An encroachment permit is required for all work activities within the public right-of-way.
22. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
13-33
City Council Resolution No. 2014-20
Page 16 of 16
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever -which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Newport Harbor Yacht Club including, but not
limited to, the General Pian 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. This
indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attorneys' fees, and other expenses incurred in connection with such
claim, action, causes of action, suit or proceeding whether incurred by applicant, City.,
and/or the parties initiating or bringing such proceeding. The applicant shall indemnify
the City for all of City's costs, attorneys` fees, and damages which City incurs in enforcing
the indemnification provisions set forth in this condition. The applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
13-34
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH ?
1, 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 resolution, being Resolution
No. 201420 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 2e day of February, 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 26ffi day of February, 2014.
yj, S' ........_._...............
City Clerk
Newport Beach, California
(Seal)
1-1 t- V --
13-35
Attachment D
Ordinance No. 2014-6
13-36
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 189, 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.
13-37
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
Coastal Land
Single unit Residential
Two Unit Residential
Single Unit Residential
Use Plan
Detached (RSD -B)
(RT -E)
Detached (RSD -B)
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
Zonin
Private Institutions (PI)
Private Institutions (PI)
Private Institutions (PI)
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
13-38
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 Pian 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.
13-39
City Council Ordinance No. 20146
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.
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 shalt 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).
13-40
City Council Ordinance No. 2014-6
Page 5 of 6
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
Henn. Dai
Gardner, Petros, Selich, Curry
or Fill
NOES, COUNCILMEMBERS Mane
ABSENT COUNCILMEMBERS Norte
RUSH N. HILL, 14, MAYOR
ATTEST:
a
LEILANI 1. BROWN, CITY CLERK
APPROVED AS TO FORM -
CITY ATTORNEY'S OFFICE
AARON C. HARP. CITY'ATTORNEY
'%�7'yNIA
13-41
City Council Ordinance No. 2014-6
Page 6 of 6
EXHIBIT "A"
13-42
EXHIBIT "A"
Anomaly Developme
nt
Number Limit {5q.
C . Existing Zoning:
_J E Two -Unit Residential (R-2)
VAN Prnnncorl 7nninry
�ACBOA BLVD W 4
1 j
j Assessor Parcel plumber BALBOA
A 047-272-12 eL'VD Vr r "
B 048-021-19 • • ' - •
C 048-021-18
D 048-021-17
E 048-021-16
F 048-021-07
G 048-021-08 OCCAV FF�O -r
VV
�tiw�fk CA2012-000 (PA2012-091)
Zoning Code Amendment
Newport Harbor Yacht Club
'gent Name: PA2012-091 Ord Exhibit ZC
0 75 150
Feet
N
13-43
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 25'" day of February, 2014, and adolpted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 11 t' 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 HIII
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 12`x' day of March, 2014.
ryW PO,,T GiJ'1� 1V
00 ��tt City Clerk
City of Newport Beach, California
W Z (Seal)
c-1/1 VC)XA ,T -
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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 Davy 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 �Ik day of M -m+
2014.
aam� - vy�
City `Clerk'
City of Newport Beach, California
(Seal)
13-44