HomeMy WebLinkAbout4.0_Beach Coin Laundromat Amendments_PA2011-209CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
February 9, 2012 Meeting
Agenda Item 4
SUBJECT: Beach Coin Laundromat Amendments - PA2011 -209
200 30th Street
• General Plan Amendment No. GP2011 -010
• Local Coastal Plan Amendment No. LC2011 -006
• Code Amendment No. CA2011 -013
APPLICANT: Pete Fenton, Beach Coin Laundry LLC
PLANNER: Fern Nueno, Assistant Planner
( 949) 644 -3227, fnueno @newportbeachca.gov
PROJECT SUMMARY
The property owner seeks to continue the nonconforming commercial use of the subject
property by requesting the following amendments:
1) General Plan Amendment to change the land use designation from Two -Unit
Residential (RT) to Visitor Serving Commercial (CV),
2) Coastal Land Use Plan Amendment to change the designation from Two -Unit
Residential (RT -E) to Visitor Serving Commercial (CV -A), and
3) Zoning Code Amendment to change the zoning designation from Two -Unit
Residential (R -2) to the Commercial Visitor - Serving (CV).
No change in land use or new development is proposed at this time.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. _ (Attachment No. PC 1) recommending City Council
approval of:
• General Plan Amendment No. GP2011 -010,
• Local Coastal Plan Amendment No. LC2011 -006, and
• Code Amendment No. CA2011 -013.
Beach Coin Laundromat Amendments (PA2011 -209)
February 9, 2012
Page 2
VICINITY MAP
Subject Property
F t..
�Q ' # �
`
GENERAL PLAN ZONING
CN03FAR CN o l FAR
PF PF
P9�0
RT
x�E
x�e
R -2
c,
LOCATION
GENERAL PLAN
11 ZONING
CURRENT USE
ON -SITE
Two -Unit Residential
RT
Two -Unit Residential
R -2
Laundromat
NORTH
Two -Unit Residential
(RT)
Two -Unit Residential
R -2
Residential
SOUTH
Two -Unit Residential
(RT)
Two -Unit Residential
R -2
Residential
EAST
Two -Unit Residential
RT
Two -Unit Residential
R -2
Residential
WEST
Two -Unit Residential
(RT)
Two -Unit Residential
R -2
I Residential
Beach Coin Laundromat Amendments (PA2011 -209)
February 9, 2012
Page 3
INTRODUCTION
Project Setting
The subject lot is located on the Balboa Peninsula and is approximately 2,375 square
feet in area (25 feet wide by 95 feet deep). The lot is developed with an approximately
1,175 square foot, single -story commercial building and a surface parking lot with four (4)
parking spaces. The surrounding area is developed primarily with two -unit residential uses
with commercial and mixed -use districts nearby.
Background
The existing building was constructed prior to 1953 and the City does not have any
building permits on file for this property. On May 21, 1953, the Planning Commission
approved Use Permit No. 88 to allow alterations to the existing, nonconforming building.
At the time, the property was designated for residential use; however, the structure was
being used for a commercial use (grocery store).
On September 15, 1960, the Planning Commission approved Use Permit No. 669 to
allow the operation of a laundromat for a period of four (4) years. On September 1965,
the Planning Commission approved an extension for the duration of the lease or a
maximum of seven (7) years. On September 28, 1971, the Modifications Committee
approved a two (2) year extension. On September 25, 1973, the Modifications
Committee approved a two (2) year extension. On September 2, 1975, the
Modifications Committee approved a five (5) year extension. Since September 2, 1980,
when the Use Permit expired, the laundromat has been in operation as a
nonconforming use.
On January 28, 2008, the City Council adopted Ordinance No. 2008 -05, which in addition
to other Zoning Code changes, established the maximum time period for the abatement
and termination of nonconforming uses in residential districts. However, determinations of
nonconformity could not be made until Coastal Commission approval of the City's Local
Coastal Plan (LCP) amendments, which occurred on July 14, 2009, and the subsequent
Zoning Code Update which was effective November 25, 2010.
On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning
Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning
Code and the Land Use Element of the General Plan. The two unit residential zoning
designation of the subject property was changed from Two Family Residential (R -2)
District to Two -Unit Residential (R -2). Since the use of the subject property is a
commercial use in a residential zone, it was subject to abatement in accordance with
Ordinance No. 2008 -05.
Beach Coin Laundromat Amendments (PA2011 -209)
February 9, 2012
Page 4
The City sent letters to all known uses that are subject to abatement. Staff has met and
continues to meet with many of the owners of property that are subject to abatement. Staff
has explained to those owners the options available to them to remedy their individual
situations. Those remedies may include conversion of use or development to a residential
use; request for extension of the abatement period; and /or request to amend the General
Plan, Coastal Land Use Plan and Zoning Code to allow the continuation of the commercial
use. In the case of the subject application, the owner chose to pursue amendments to
change the land use designations of their property from residential to commercial.
Project Description
The subject application does not include a specific project for development at this time.
The proposed land use changes, as shown below, would allow the retention of the
existing land use and allow for future development in accordance with the standards of
the proposed Zoning District.
When the application was submitted, a mixed use land use designation was considered
for the property. However, upon further review staff believes Visitor Serving Commercial
is more suitable than a mixed use district designation. The Visitor Serving Commercial
Zoning District reflects the existing development and due to the size of the property and
the development standards for the mixed use districts, redevelopment of the property as
a mixed -use structure would not be feasible without multiple deviations from the Zoning
Code standards.
DISCUSSION
Analysis
Amendments to the General Plan Land Use Plan, Coastal Land Use Plan, and Zoning
Code are legislative acts. Neither City regulations nor State planning law set forth
required findings for approval or denial of such amendments. However, when making a
recommendation to the City Council, the Planning Commission should consider
applicable policies and development standards to ensure internal consistency and to
further the public health, safety, and general welfare of the community.
Existing
Proposed
General Plan
Two -Unit Residential (RT)
Visitor Serving Commercial CV
Coastal Land Use
Plan
Two -Unit Residential (RT -E)
Visitor Serving Commercial (CV -A)
Zoning Code
Two -Unit Residential (R -2)
Commercial Visitor - Serving (CV)
When the application was submitted, a mixed use land use designation was considered
for the property. However, upon further review staff believes Visitor Serving Commercial
is more suitable than a mixed use district designation. The Visitor Serving Commercial
Zoning District reflects the existing development and due to the size of the property and
the development standards for the mixed use districts, redevelopment of the property as
a mixed -use structure would not be feasible without multiple deviations from the Zoning
Code standards.
DISCUSSION
Analysis
Amendments to the General Plan Land Use Plan, Coastal Land Use Plan, and Zoning
Code are legislative acts. Neither City regulations nor State planning law set forth
required findings for approval or denial of such amendments. However, when making a
recommendation to the City Council, the Planning Commission should consider
applicable policies and development standards to ensure internal consistency and to
further the public health, safety, and general welfare of the community.
Beach Coin Laundromat Amendments (PA2011 -209)
February 9, 2012
Page 5
General Plan
The applicant requests to amend the General Plan to change land use designation of
the subject property from Two -Unit Residential (RT) to Visitor Serving Commercial (CV).
The RT category applies to a range of two family residential dwelling units such as
duplexes and townhomes. The CV designation is intended to provide for
accommodations, goods, and services intended to primarily serve visitors to the City of
Newport Beach. Nearby properties along Newport Boulevard and Balboa Boulevard are
designated as CV 0.5 FAR.
In considering the proposed General Plan Amendment, the Planning Commission
should consider the following Land Use Element policies:
Policy LU 3.3 - Opportunities for Change
Provide opportunities for improved development and enhanced environments for residents
in the following districts and corridors...
Balboa Peninsula: more efficient patterns of use that consolidate the Peninsula's
visitor - serving and mixed uses within the core commercial districts; encourage marine -
related uses especially along the bay front; integrate residential with retail and visitor -
serving uses in Lido Village, McFadden Square, Balboa Village, and along portions of
the Harbor frontage; re -use interior parcels in Cannery Village for residential and limited
mixed -use and live /work buildings; and redevelop underperforming properties outside of
the core commercial districts along the Balboa Boulevard corridor for residential. Infill
development shall be designed and sited to preserve the historical and architectural
fabric of these districts.
Policy LU 6.8.1— Urban Form
Establish development patterns that promote the reinforcement of Balboa Peninsula's
pedestrian scale and urban form as a series of distinct centers/nodes and connecting
corridors.
Policy LU 6.8.6 — Historic Character
Preserve the historic character of Balboa Peninsula's districts by offering incentives for the
preservation of historic buildings and requiring new development to be compatible with
scale, mass, and materials of existing structures, while allowing opportunities for
architectural diversity.
Approval of the amendment will allow the continuation of the existing commercial
development, thereby not subjecting the use to abatement. This will help avoid creating
a vacant building on 30th Street and Balboa Boulevard in the near future. The presence
of vacant storefronts has the opposite effect of revitalization.
Beach Coin Laundromat Amendments (PA2011 -209)
February 9, 2012
Page 6
The commercial use has been on the subject property for over fifty years with no land
use conflicts. A laundromat is a visitor - serving use that serves the local community and
visitors to the area. The scale of the existing building, and of any potential project that
could be developed under the CV designation, is compatible with the nearby two -unit
residential uses and promotes a pedestrian scale along 30th Street and Balboa
Boulevard.
Coastal Land Use Plan
The subject property is located in the coastal zone and is subject to the applicable
goals, objectives, and policies of the Coastal Land Use Plan (Plan). This Plan is created
to govern the use of land and water in the coastal zone within the City of Newport
Beach and is in accordance with the California Coastal Act of 1976. The subject
property has a land use designation of Two -Unit Residential (RT -E). The applicant is
requesting to change the current land use designation to Visitor Serving Commercial
(CV -A). The subject property does not contain any sensitive coastal resources as it is
presently improved with a commercial building, nor is it located where public access
easements would be required. The Coastal Act prioritizes land uses, and visitor - serving
uses are a higher priority land use than residential use. The continuation of commercial
uses and future redevelopment on the subject property as allowed in the CV -A
designation will not conflict with the policies of the Coastal Act.
Zoning Code
The R -2 Zoning District is intended to provide for areas appropriate for a maximum of
two residential dwelling units located on a single legal lot. The Commercial Visitor -
Serving (CV) Zoning District is intended to provide for areas appropriate for the
accommodations, goods, and services intended to primarily serve visitors to the City.
The primary purpose of the requested amendment is to maintain the existing
commercial development. Laundromats are defined as a Personal Services, General
land use pursuant to Chapter 20.70 (Definitions) of the Municipal Code, and are allowed
by right in the CV Zoning District. Other uses allowed by right include visitor - serving
retail, financial institutions, offices, animal grooming, small health /fitness facilities, and
postal services, which are compatible uses with the nearby residential uses that would
serve residents and visitors to the area.
The stated purpose and intent of the Zoning Code is to carry out the policies of the
General Plan. Consistency between the General Plan and zoning designation is critical
to ensure orderly development and enforcement. With regard to the subject property,
the existing commercial development would conform with the standards of the proposed
CV Zoning District and the continued commercial use would be allowed without
abatement. Future development would require conformance with applicable
development standards.
Beach Coin Laundromat Amendments (PA2011 -209)
February 9, 2012
Page 7
Under the existing RT designation, the subject property could be developed with a
maximum of two (2) residential dwelling units and four (4) parking spaces would be
required. Table 1 below demonstrates how the 2,375 square -foot property could be
developed under the maximum intensity /density allowance for the CV and R -2 zoning
designations as well as the existing development. Pursuant to Chapter 20.40 (Off- Street
Parking) of the Municipal Code, parking requirements for the commercial use are
calculated at a rate of one (1) space for every 250 square feet of gross floor area, which
is the parking rate for retail and personal service uses, but parking requirements vary
depending on the use.
Table 1 - Development Standards
Front
Rear
Side
Maximum
Height
Parking
Setback
Setback
Setbacks
Square
Density /Units
Limit
Requirement
Footage
R -2
5'
5'
T and 3'
3,230 sf
2
24/29
2 per unit
CV
5'
10'
Sand 0'
1,187.5
NA
26/31
5 spaces
at 1/250)
Existing
0'
40'
12" and
1,175 sf
0
-12'
4 spaces
6"
-0.49 FAR
Charter Section 423 (Measure S) Analysis
Pursuant to City Charter Section 423 and Council Policy A -18, an analysis must be
prepared to establish whether a proposed general plan amendment (if approved)
requires a vote by the electorate. The proposed amendment would be combined with 80
percent of the increases in traffic, dwelling units, and non - residential floor area created
by previous general plan amendments (approved within the preceding 10 years) within
the same statistical area. If any of the thresholds are exceeded and the City Council
approves the requested General Plan Amendment, the amendment would be classified
as a "major amendment" and be subject to voter consideration. Approved amendments,
other than those approved by the electorate, are tracked for 10 years and factored into
the analysis of future amendments as indicated.
Since the adoption of the General Plan in 2006, two (2) General Plan amendments have
been approved by the City Council within Statistical Area B5 where the subject property
is located. The first amendment was to bring consistency between the General Plan
and Coastal Land Use Plan for seven (7) properties. The second amendment was to
change the land use designation from residential to commercial for a property
developed with a commercial building.
Table 2 below summarizes the changes created by the proposed amendments with the
recommended CV designation. The table also shows threshold totals for the subject
property. As indicated, none of the four (4) thresholds would be exceeded, and
therefore, a vote is not required. A more detailed analysis is attached (Attachment No.
PC 4).
Beach Coin Laundromat Amendments (PA2011 -209)
February 9, 2012
Page 8
Table 2: Charter Section 423 Analysis Summary
Statistical Area B5
A.M. Peak Hour
P.M. Peak Hour
Increase in
Allowed Floor Area
Trips
Trips
Allowed
Dwelling Units
Prior Amendments
15,325 sf
46.48
61.87
1
(80 %)
Proposed
GP2011 -010
1,187.5sf
2.68
3.67
-2
Total
16,512.5
49.16
65.54
0
SB 18 Tribal Consultation Guidelines
Pursuant to Section 65352.3 of the California Government Code, a local government is
required to contact the appropriate tribes identified by the Native American Heritage
Commission (NAHC) each time it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the local government must consult for the purpose of
preserving or mitigating impacts to cultural resources. The City received comments from
the NAHC indicating that seven (7) tribe contacts should be provided notice regarding
the proposed project. The appropriate tribe contacts supplied by the NAHC were
provided notice on December 16, 2011. Section 65352.3 of 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 project site is located in a geographic feature which was significantly modified
during the last century in order to alter channels for navigation (Newport Harbor) and
form habitable islands. The Balboa Peninsula area was created after the era of Native
American settlement and has been subject to significant landform alteration. The City
has not yet received any responses although the review period remains open. The
Planning Commission may recommend approval of the proposed project to City Council
at this time. However, the City Council may not act on the proposed amendments until
the tribe review period is concluded. Given that the site is presently developed and that
the no development is proposed at this time, staff does not anticipate any conflicts or
need for monitoring by the tribes. If any comments are received from the tribes, they will
be forwarded to the City Council for consideration.
Summary
The applicant has requested the amendment to allow retention of the existing
commercial use and structure. The building was constructed prior to 1953. The
laundromat use has been in existence for around 50 years and its abatement at this
time seems contrary to the General Plan Policies that promote revitalization of the area.
Continuation of these uses and future development consistent with the CV designation
Beach Coin Laundromat Amendments (PA2011 -209)
February 9, 2012
Page 9
does not appear to conflict with the General Plan or Coastal Land Use Plan or Coastal
Act. Staff does not foresee any adverse environmental impacts with continued use. The
approval of the General Plan Amendment to CV designation would not necessitate a
vote of the electorate, as required by Section 423 of the City Charter.
Alternatives
The Planning Commission could also deny the application, retaining the existing land
use designations as Two -Unit Residential (see Attachment No. PC 2 for draft Resolution
for denial). Such action could require abatement of the existing nonresidential use in
accordance with the provisions of Zoning Code Section 20.38.100 (Nonconforming
Uses and Structures).
Alternatively, the Planning Commission could recommend approval of a land use
designation other than Visitor Serving Commercial.
Environmental Review
The proposed amendments are exempt since they do not entail any significant
alteration to the subject property and will bring the General Plan Land Use, Coastal
Land Use, and Zoning District designations consistent with the present use of the
subject property. The site is presently developed and no development is proposed at
this time; therefore, the project is categorically exempt under Section 15301, of the
California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities).
Public Notice
Notice of this application was mailed to all owners of property within 300 feet of the
boundaries of the site (excluding intervening rights -of -way and waterways) including the
applicant and posted on the subject property at least 10 days prior to the decision date,
consistent with the provisions of the Municipal Code.
Prepared by:
bmitted by:
41m I' u rfo, Assistant Planner Br on a Wisneskiv Deputy Director
ATTACHMENTS U
PC 1 Draft Resolution - Approval
PC 2 Draft Resolution — Denial
PC 3 Land Use Change Map
PC 4 Charter Section 423 Analysis
Tmplt: 06 /22/11 F:\Users \PLN \Shared \PA's \PAs - 2011 \PA2011 - 209 \PA2011 -209 rpt.docx
Attachment No. PC 1
Draft Resolution - Approval
RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2011-
010, COASTAL LAND USE PLAN AMENDMENT NO. LC2011-
006, AND ZONING CODE AMENDMENT NO. CA2011 -013 FOR
PROPERTY LOCATED AT 200 30TH STREET (PA2011 -209)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Pete Fenton, representing Beach Coin Laundry LLC, with
respect to property located at 200 30`h Street, and legally described as Lot 1, Block 129
of the Lake Tract, requesting approval of a General Plan Amendment, Coastal Land Use
Plan Amendment, and Zoning Code Amendment.
2. The applicant proposes to change the General Plan Land Use Element category from
Two -Unit Residential (RT) to Visitor Serving Commercial (CV), the Coastal Land Use
Plan designation from Two -Unit Residential (RT -E) to Visitor Serving Commercial (CV-
A), and the Zoning District from Two -Unit Residential (R -2) to Commercial Visitor - Serving
(CV) for the subject property, which will result in the existing nonconforming commercial
use becoming conforming.
3. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76
approving a comprehensive update to the Newport Beach General Plan ( "General
Plan Update "), resulting in the land use designation of the subject property as Two -
Unit Residential.
4. On November 13, 2007, the City Council adopted Resolution No. 2007 -71, approving
Coastal Land Use Plan Amendment No. LC2007 -001 making the Coastal Land Use Plan
consistent with the General Plan Update. The Coastal Land Use Plan designation for the
property was Two -Unit Residential.
5. On January 28, 2008, the City Council adopted an ordinance (Ordinance No. 2008 -05)
that established the maximum time period for the abatement and termination of
nonconforming uses in residential districts. However, determinations of nonconformity
could not be made until the finalization of the City's Local Coastal Plan (LCP), which
occurred on July 14, 2009.
6. On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning
Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning
Code and the Land Use Element of the General Plan. The two unit residential zoning
designation of the subject property was changed from Two Family Residential (R -2)
District to Two -Unit Residential (R -2). Since the use of the subject property is a
Planning Commission Resolution No. _
Pape 2 of 4
commercial use in a residential zone, it was subject to abatement in accordance with
Ordinance No. 2008 -05.
7. The subject property is located within the coastal zone. The requested change of the
Coastal Land Use Plan designation is from Two -Unit Residential (RT -E) to Visitor
Serving Commercial (CV -A) and will not become effective until the amendment to the
Coastal Land Use Plan is approved by the Coastal Commission.
8. 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
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 non - residential floor
area; or, adds more than 100 dwelling units in a statistical area.
9. This is the third General Plan Amendment that affects Statistical Area B5 since the
General Plan update in 2006. Although there is no increase in the number of dwelling
units, the amendment results in 1,187.5 additional square feet of non - residential floor
area. The additional floor area results in an increase of 2.68 AM peak hour trips and
an increase 3.67 PM peak hour trips based on the commercial and residential housing
trip rates 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.
10. A public hearing was held on February 9, 2012, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act ( "CEQA ") under Class 1 (Existing
Facilities).
2. The proposed amendments are exempt since they do not entail alteration to the
subject property and are bringing the General Plan land use designation, Coastal Land
Use Plan designation and Zoning district into consistency with the exiting development
and use of the property.
3. The Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages
which may be awarded to a successful challenger.
Tmplt: 03/08111
Planning Commission Resolution No. _
Pape 3 of 4
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. Zoning 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.
3. The amendments of the Land Use Element of the General Plan and the Coastal Land
Use Plan will provide consistency with the proposed Code Amendment to change the
zoning of the subject property from Two -Unit Residential (R -2) to Visitor Serving
Commercial (CV).
4. The existing building and uses, 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; and will be consistent
with the purpose and intent of the Commercial Visitor - Serving (CV) zoning district of the
Newport Beach Municipal Code.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of General Plan Amendment No. GP2011 -010, and Coastal Land Use
Plan Amendment LC2011 -006, changing the designation from Two -Unit Residential
(RT and RT -E) to Visitor Serving Commercial (CV and CV -A) and recommends
approval of the request for Code Amendment No. CA2011 -012 changing the zoning
designation from Two -Unit Residential (R -2) to Commercial Visitor- Serving (CV),
affecting 200 30th Street, Statistical Area B5, and legally described as Lot 1, Block 129 of
the Lake Tract, in the City of Newport Beach, County of Orange, State of California.
2. To the fullest extent permitted by law, the 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
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 related
(directly or indirectly) to City's approval of the proposed Beach Coin Laundry, LLC
Property Amendments (PA2011 -209) including, but not limited to, General Plan
Amendment No. GP2011 -010, Coastal Land Use Plan Amendment LC2011 -006, and
Code Amendment No. CA2011 -013. This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
Tmplt: 03/08111
Planning Commission Resolution No. _
Pape 4 of 4
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.
PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF FEBRUARY, 2012.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
L--"V
Michael Toerge, Chairman
Fred Ameri, Secretary
Tmplt: 03/08/11
Attachment No. PC 2
Draft Resolution - Denial
RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DENYING GENERAL PLAN
AMENDMENT NO. GP2011 -010, COASTAL LAND USE PLAN
AMENDMENT NO. LC2011 -006, AND ZONING CODE
AMENDMENT NO. CA2011 -013 FOR PROPERTY LOCATED AT
200 30TH STREET (PA2011 -209)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Pete Fenton, representing Beach Coin Laundry LLC, with
respect to property located at 200 30`h Street, and legally described as Lot 1, Block 129
of Lake Tract, requesting approval of a General Plan Amendment, Coastal Land Use
Plan Amendment, and Zoning Code Amendment.
2. The applicant proposes to change the General Plan Land Use Element category from
Two -Unit Residential (RT) to Visitor Serving Commercial (CV), the Coastal Land Use
Plan designation from Two -Unit Residential (RT -E) to Visitor Serving Commercial (CV-
A), and the Zoning District from Two -Unit Residential (R -2) to Commercial Visitor - Serving
(CV) for the subject property, which will result in the existing nonconforming commercial
use becoming conforming.
3. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76
approving a comprehensive update to the Newport Beach General Plan ( "General
Plan Update "), resulting in the land use designation of the subject property as Two -
Unit Residential.
4. On November 13, 2007, the City Council adopted Resolution No. 2007 -71, approving
Coastal Land Use Plan Amendment No. LC2007 -001 making the Coastal Land Use Plan
consistent with the General Plan Update. The Coastal Land Use Plan designation for the
property was Two -Unit Residential.
5. On January 28, 2008, the City Council adopted an ordinance (Ordinance No. 2008 -05)
that established the maximum time period for the abatement and termination of
nonconforming uses in residential districts. However, determinations of nonconformity
could not be made until the finalization of the City's Local Coastal Plan (LCP), which
occurred on July 14, 2009.
6. On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning
Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning
Code and the Land Use Element of the General Plan. The two unit residential zoning
designation of the subject property was changed from Two Family Residential (R -2)
District to Two -Unit Residential (R -2). Since the use of the subject property is a
Planning Commission Resolution No. _
Pape 2 of 3
commercial use in a residential zone, it was subject to abatement in accordance with
Ordinance No. 2008 -05.
7. On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning
Code (Title 20) bringing consistency between the Zoning Code and the Land Use
Element of the General Plan. The result of that action rendered commercial uses located
within residential districts nonconforming. In accordance with Ordinance No. 2008 -05,
mentioned above, those properties are subject to abatement.
8. The subject property is located within the coastal zone. The requested change of the
Coastal Land Use Plan designation is from Two -Unit Residential (RT -E) to Visitor
Serving Commercial (CV -A) and will not become effective until the amendment to the
Coastal Land Use Plan is approved by the Coastal Commission.
9. 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
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 non - residential floor
area; or, adds more than 100 dwelling units in a statistical area.
10. This is the third General Plan Amendment that affects Statistical Area B5 since the
General Plan update in 2006. Although there is no increase in the number of dwelling
units, the amendment results in 1,187.5 additional square feet of non - residential floor
area. The additional floor area results in an increase of 2.68 AM peak hour trips and
an increase 3.67 PM peak hour trips based on the commercial and residential housing
trip rates 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.
11. A public hearing was held on February 9, 2012, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Pursuant to Section 15270 of the California Environmental Quality Act ( "CEQA ") Guidelines,
projects which a public agency rejects or disapproves are not subject to CEQA review.
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. The Planning Commission has determined
Tmplt: 03/08/11
Planning Commission Resolution No. _
Pape 3 of 3
that in this particular case that the current General Plan and Coastal Land Use Plan
designations are appropriate and a change is not warranted.
2. Zoning 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. The Planning Commission has determined
that in this particular case, that the current Zoning designation is appropriate and that
a change is not necessary for the public necessity and convenience and the general
welfare.
3. The existing nonresidential use is not consistent with the goals and policies of the
Land Use Element of the General Plan, the Zoning District requirements or the Coastal
Land Use Plan; and therefore will be subject to abatement in accordance with
Ordinance No. 2008 -05.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies General Plan
Amendment No. GP2011 -010, Coastal Land Use Plan Amendment No. LCP2011 -006,
and Zoning Code Amendment No. CA2011 -013.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED, AND ADOPTED THIS 9T" DAY OF FEBRUARY, 2012.
AYES:
NOES:
ABSTAIN
ABSENT:
BY:
L--"V
Michael Toerge, Chairman
Fred Ameri, Secretary
Tmplt: 03/08/11
Attachment No. PC 3
Land Use Change Map
" °RrsT MU-W2
m OEo 0
�p� 3 a RM20DU /AC
S
PF '
m 5 F R A RS -D;
.0 ®40pAAAAAAAAAAAAA
TC� �� 32ND ST
31 ST ST 31 ST ST ..�
L° C N 0.
FAR U -W2 1
_ 90TH SIT
gmp � L4 CM a-
m
54s !t 29TH ST 29TH ST 39TH FAR
m
RM 34 DU
`L pA
m
• - sjN�T a 29TH CM
m
• • • • • .p m, 9z ,, D
• • • °
ST "'s
S Tap 5}
RM 217 DU
m 2 m` °
9
AAm C5 Rm'hp �p m'ST
my 9lvry ss St
bo m< ^
A R°
Tp
1 m
C 0. M10.os< 4am° d sm
3 22 D T2
0
y
OZZ 6,Q�BOq 9BO M1
ryM1�
0
F
v�
QPO �� S�28p
�J gB<Vp W
00.���m�
OP tt
�NTW F�
0 500 1,000
Feet
_ GP2011 -010, LC2011 -006, and CA2011 -013 e
J 200 30th Street
�ii: rzr
PA2011 -209 January/2012
Attachment No. PC 4
Charter Section 423 Analysis
Beach Coin Laundromat Amendment (PA2O11 -209)
Charter Section 423 Analysis
Proposed Total square
Current Current Current Existing Traffic Land Use Proposed Proposed Traffic Land Total
Address Description Existing AM Existing PM Proposed GP Intensity /Floor Proposed AM Proposed PM AM Change PM Change footage
P e
G density Intensity /floor area Description density Use Description changes
Area chances
PREVIOUSLY APPROVED GENERAL
PLAN AMENDMENT NO.
GP2010 -005
- STATISTICAL
AREA B5
6,713- square -foot lot fully
#220 - Apartment
Commercial blended rate
developed with a two -story
trips per unit)
per Council Policy A -18
2102 W. Ocean Front (Map ID 4)
11 -room hotel The
MU -W2
4
3356.5
& Commercial
&Commercial blended rate per
Council Policy A-1 8 (3A AM &
1211
15.91
CV 0.5
0
3,357
(3.0 AM $ 4.0 PM tr ips
10.07
13.43
-2.04
-2.48
-4
0
Dorymans Inn
per 1,OD0sf)
r 1,0 f)
4.0 PM (rips per ,OOOS
3,750- square -fool lot is
#220 - Apartment
Commercial blended rate
fully developed with a 15-
(0.51AM/0.62PM trips per unit)
per Council Policy A -18
2306 W. Ocean Front (Map ID 6)
MU -W2
1
1875
& Commercial blended rate per
6.14
8.12
CV 0.5
0
1'875
5.63
7.51
-0.51
-0.62
-1
0
room hotel The Newport
Council Policy A -18 (3.0 AM &
(3.0 AM & 4.0 PM trips
Beachwalk Hotel
per 1,ODOsf)
4.0 PM trips per 1,00080
#220 - Apartment
21,576 -square -foot lot is
#230-
(0.51AM /0.62PM trips per
3366 Via Lido (Map ID 2)
fully developed with a two-
RM
g
0
Residential/Condominium
3.96
4.86
MU -W2
13
15,103
unit) & Commercial
51.94
68.47
429796
63.6128
4
15,103
story office building and a
Townhouse (0.44AM /1.54PM
blended rate per Council
parking lot
trips per unit)
Policy A -18 (3.0 AM & 4.0
PM trips per 1,000sf)
Lido Peninsula
33,050- square -foot lot is
unallocated,
unallocated, part of
included in Lido
Commercial blended rate
fully developed with
part of Lido
see Lido Peninsula subtotal
included in Lido
per Council Policy A -18
670 Lido Park Dr. (Map ID 7a)
restauran N /shops on
MU -W3
peninsula
Lido Peninsula
below
Peninsula
Peninsula subotal
CM 0,5
0
16,525
(3.0 AM & 4.0 PM trips
49.6
66.1
NA
NA
NA
NA
Rhine
subtotal
subtotal
subotal
er 1,OOOs
#230-
unallocated,
unallocated, part of
included in Lido
Residential / Condominium
34 dwelling units on
Pad of Lida
see Lido Peninsula subtotal
included in Lido
700 Lido Park Dr. (Map ID 7b)
88,546- square -fool lot
o
MU -W3
Peninsula
Lido Peninsula
below
peninsula
Peninsula subotal
RM 34 du
34
0
Townhouse
15.0
18.4
NA
NA
NA
NA
subtotal
subotal
(0.44AMl0.54PM trips per
subtotal
unit
unallocated
#230-
200+ dwelling units on an
,
part of Lido
unallocated, part of
see Lido Peninsula subtotal
included in Lido
included in Lido
Residental /Condominium
710 Lido Park Dr. (Map ID 7c)
approximate 386,347
MU -W3
Lido Peninsula
Peninsula
RM 217 du
217
0
Townhouse
95.5
117,2
NA
NA
NA
NA
square -foot site
Peninsula
subtotal
below
subotal
peninsula subotal
Ml0.54PM trips per
subtotal
unit)
unit
Shipyard, marine facilites,
unallocated,
Commercial blended rate
101 -351 Shipyard Way (Map
commercial an
pert of Lido
unallocated, pad of
see Lido Peninsula subtotal
included in Lido
included in Lido
per Council Policy A -16
MU -W3
Lido Peninsula
Peninsula
CM (anomaly #78)
0
139.840
419.5
5594
NA
NA
NA
NA
ID 7d)
approximately 527,182
peninsula
subtotal
below
subotal
peninsula subotal
(3.0 AM &4.0 PM trips
s uare -foot site
subtotal
er 1 010s
#230 -
ResidentiallCondominium
Townhouse (0.44AM /0.54PM
Lido Peninsula subtotal
251
156,365
trips per unit) & Commercial
579.5
761
251
156,365
5715
761.0
0
0
0
0
blended rate per Council Policy
A -18 (3.0 AM & 4L PM trips per
1,OOOsf)
PREVIOUSLY APPROVED GENERAL
PLAN AMENDMENT NO.
GP2010 -003
- STATISTICAL
AREA B5
#220 - Apartment (0.51
8,106 square -foot lot is
AM & 0.62 PM trips per
3363, 3369, 3377 Via Lido and
fully developed with a
RM
3
0
#220 - Apartment (0.51 AM &
1.53
1.86
MU -V
4
4,053.00
unit) & Commercial
14.20
18.69
1267
16.83
1
4,053.00
3378 Via Oporto
4,105 square-foot
0.62 PM trips per Dwelling Unit)
blended rate per Council
commercial building
Policy A -18 (3.0 AM & 4.0
PM trips per 1,000sf)
Previous Amendments Total
268
161596.5
603
792
268
180,752.7
661
869
58.10
77.34
1
19,156
100°
80% of Previous Amendments
46.48
61.87
1
15,325
PROPOSED GENERAL PLAN AMENDMENT
NO. GPA2011 -010
- STATISTICAL
AREA B5
2,735 square -fact tat
#230 -
Commercial blended rate
developd with a 1,175
Residential /Condominium
per Council Policy A -18
200 30th Street
sfquare -foot commercial
RT
2
Townhouse (0.44AM /0.54PM
0.88
1.08
CV 0.5
0
1,187.50
(3.0 AM & 4.0 PM trips
3.56
4.75
2.68
3.67
2
1,187.50
building
trips per unit )
per1000s
Total for 80% of previous
amendments and proposed
amendment
49.16
65.54
0
16,512.46
01/31/2012 Page 1 of 1
BEACHCOIN LAUNDROMAT
AMENDMENTS
200301h Street (PA201 1 -209)
Planning Commission
Public Hearing
February 9, 2012
FO4
F
U
;tt
w P agj
�LIF 01Z�%
Vicinity Map
I
CV 0.5 FARO
Development Standards
rErxisting
Front Setback 5' 5' 0'
Rear Setback 5' 10' 40'
Side Setbacks 3' and 3' Sand 0' 12" and 6"
Maximum 11175
Square 31230 11187.5 00.49 FAR)
Footage
Density /Units 2 NA 0
Height Limit 24/29 26/31 -12'
Parking
Requirement
2 per unit
5 spaces
(at 1/250)
4 spaces
Subject Property
200 30t" Street
20