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HomeMy WebLinkAbout2010-104 - General Plan Amendment No. 2010-004RESOLUTION NO. 2010 -104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING OF GENERAL PLAN AMENDMENT NO. GP2010 -004 AMENDING THE MU -W1 LAND USE CATEGORY, AMENDING POLICY LU6.19.2, CHANGING THE LAND USE CATEGORY APPLICABLE TO 1221 W. COAST HWY AND 2300 W. COAST HWY, AND MODIFYING ANOMALY #59 AND ESTABLISHING ANOMALY #77 STATISTICAL AREA H4 (PA2010 -052) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 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 "). 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. 3. On February 5, 2009, the Coastal Commission certified Coastal Land Use Plan Amendment No. LC2007 -001 with suggested modifications as consistent with Chapter 3 of the Coastal Act (NPB_MAJ_1 -07). 4. On July 14, 2009, the City Council adopted Resolution No. 2010 -053 accepting all Coastal Commission suggested modifications and re- adopting Coastal Land Use Plan Amendment No. LC2007 -001 to incorporate all of the suggested modifications within the Coastal Land Use Plan. 5. On July 14, 2009, the City Council adopted Resolution No. 2010 -054 initiating a General Plan Amendment to make the Land Use Element of the General Plan consistent with Coastal Land Use Plan Amendment No. LC2007 -001. 6. Pursuant to Section 65352.3 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 February 10, 2010. 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 July 28, 2010, and no requests for consultation were received. A public hearing was held on August 19, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. At the conclusion of the public hearing, the Planning Commission voted unanimously (6 ayes, 0 noes) to adopt Planning Commission Resolution No. 1820 recommending City Council adoption of the subject General Plan Amendment. 8. A public hearing was held on September 14, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project results from the Coastal Commission's review and certification of the City's Coastal Land Use Plan, which is part of a certified regulatory program and is exempt from California Environmental Quality Act pursuant to California Code of Regulations § 15251. The City's action to amend the General Plan to make it consistent with the Coastal Commission's certification of the Coastal Land Use Plan is exempt from the California Environmental Quality Act pursuant to California Code of Regulations §15265. SECTION 3. FINDINGS. The proposed amendments of the Land Use Element of the General Plan are necessary to provide consistency between the Coastal Land Use Plan and the General Plan. 2. General Plan Amendment No. GP2010 -004 results in the following increases in residential units, peak hour trips and /or non - residential floor area: Charter Section 423 Increases attributable to GP2001 -004 (Stat. Area H4) Increase DU Increase AM Increase PM Increase non- residential area 0 0 0 0 No prior amendments Pursuant to Charter Section 423 (Measure S) and Council Policy A -18 (Measure S Guidelines), General Plan Amendment No. GP2010 -004 is classified as a `Minor Amendment" and no vote of the electorate is required. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby approves General Plan Amendment No. GP2010 -004 as shown in Attachment A. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the September 14, 2010, by the following vote to wit: ATTEST:n� ^,' CITY CLERK Selich, Rosansky, Henn, Webb, AYES, COUNCIL MEMBERS Gardner, Daigle, mayor Curry NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None MAYOR ATTACHMENT A General Plan Amendment No. GP2010 -004 Statistical Area H4 Amend MU -W1 Land Use Category Amend Policy LU6.19.2 1221 W. Coast Highway, MAP ID 5 CV (Visitor Serving Commercial) 0.5 FAR 2300 W. Coast Highway, MAP ID 3 CV (Visitor Serving Commercial) Modify Anomaly #59 Establish Anomaly #77 Land Use Element Land Use Category Uses Density/ Intensity Mixed -Use Horizontal 2— The MU -H2 designation applies to properties located in Residential: maximum of 2,200 MU -H2 the Airport Area. It provides for a horizontal intermixing of units as replacement of existing uses that may include regional commercial office, multi- office, retail, and/or industrial family residential, vertical mixed -use buildings, industrial, uses at a maximum density of 50 hotel rooms, and ancillary neighborhood commercial uses. units per adjusted gross acre, of which a maximum of 550 units may be developed as infill. Nonresidential Uses: as defined by Table LU2 Mixed -Use Horizontal 3— The MU -H3 designation applies to properties located in Residential: maximum of 450 MU -H3 Newport Center. It provides for the horizontal intermixing units of regional commercial office, hotel, multi - family Hotel: 65 rooms in addition to residential and ancillary commercial uses. Within the those specified in Table LU2 Tennis Club, residential uses may be developed as single - Omer: Nonresidential: As family units. specified by Table LU2 Mixed -Use Horizontal 4— The MU -H4 designation applies to properties where it is Mixed -Use Buildings: floor area MU -H4 the intent to establish the character of a distinct and to land area ratio of 1.5, where a cohesively developed district or neighborhood containing minimum floor area to land area multi - family residential with clusters of mixed -use and /or ratio of 0.25 and maximum 0.5 commercial buildings in such locations as the interior shall be used for retail uses and parcels of Cannery Village and 15th Street on Balboa maximum of 1.0 for residential. Peninsula. Permitted uses include (a) Multi- Family Commercial only: floor area to Residential, (b) General or Neighborhood Commercial, land area ratio of 0.5. and /or (c) Mixed -Use structures, where the ground floor Multi - Family Residential only: shall be restricted to nonresidential uses along the street 20.1 -26.7 units per net acre. frontage such as retail sales and restaurants and the rear and upper floors used for residential including seniors units and overnight accommodations (comparable to MU -V). Mixed -use or commercial buildings shall be required on parcels at street intersections and are permissible, but not required, on other parcels. MIXED -USE WATER The MU -W designation is intended to provide for commercial development on or near the bay RELATED —MU -W in a manner that will encourage the continuation of coastal- dependent and coastal - related uses in accordance with the Recreational and Marine Commercial (CM) designation, as well as allow for the integrated development of residential. Mixed -Use Water 1— The MU -Wt designation is applied to waterfront locations Mixed -Use Buildings: floor area MU -W1 along the Mariners' Mile Corridor in which marine- to land ratio of 1.25; where a related, visitor - serving, commercial, aaesand residential minimum floor area to land ratio uses are intermixed with buildings that provide residential of 0.35 and maximum of 0.5 uses above the ground floor. Permitted uses include those shall be used for nonresidential permitted by the CM, CV, Multi - Family Residential (MFR), purposes and the number of and Vertical Mixed -Use (MU -V) designations. A minimum residential units shall not exceed of 50% of the permitted square footage shall be used for the cumulative total for Multi - the CM or CV land uses. No more than 50% of the Family Residential specified waterfront area between the Arches Bridge and the Boy below. Scout Sea Base may be developed with mixed -use Commercial only: floor area to structures. A master or specific plan shall be required to land area ratio of 0.5. ensure that the uses are fully integrated and impacts from Multi - Family Residential only: their differing functions and activities are fully mitigated. 12 units per acre, with the number of units calculated based on a maximum of 50% of the property. Newport Beach General Plan Land Use Element Policies STRUCTURE LU 6.19.1 Differentiated Districts Differentiate and create cohesive land use districts for key subareas of Mariners' Mile by function, use, and urban form. These should include (a) harbor- oriented uses with limited residential along the waterfront, (b) highway- oriented commercial corridor (see Figure LU26), and (c) community /neighborhood- serving `village" generally between Riverside Avenue and the southerly extension of Irvine Avenue. (Imp 1. 1, 2.1) LAND USES (refer to Figure LU26) LU 6.19.2 Bay Fronting Properties [designated as ` °MU -1171" Sub Area A] Encourage marine- related and visitor- serving retail, restaurant, hotel, institutional, and recreational uses, and allow residential uses above the ground floor on parcels with a minimum frontage of 200 lineal feet where a minimum of 50 percent of the permitted square footage shall be devoted to nonresidential uses. No more than 50% of the waterfront area between the Arches Bridge and the Boy Scout Sea Base may be developed with mixed -use structures. (Imp 2.1, 5.1, 24.1) LU 6.19.3 Marine - Related Businesses Protect and encourage facilities that serve marine - related businesses and industries unless present and foreseeable future demand for such facilities is already adequately provided for in the area. Encourage coastal- dependent industrial uses to locate or expand within existing sites and allow reasonable long -term growth. (Imp 2.1, 5.1, 24.1) LU 6.19.4 Inland side of Coast Highway [designated as WuHI," "CG(0.3), "and "CG(0.5) "Sub-Areas B and CJ Accommodate a mix of visitor- and local- serving retail commercial, residential, and public uses. The Coast Highway frontage shall be limited to nonresidential uses. On inland parcels, generally between Riverside Avenue and Tustin Avenue, priority should be placed on accommodating uses that serve upland residential neighborhoods such as grocery stores, specialty retail, small service office, restaurants, coffee shops, and similar uses. (Imp 2.1, 5.1) LU 6.19.5 Panting Require adequate parking and other supporting facilities for charters, yacht sales, visitor-serving, and other waterfront uses. (Imp 2.1, 5.1) Newport Beach General Plan PF I. �ii� •��:�� a: ��j .��r, - ►� T♦ Cop, OR ■��Ci II ����■ PF MUM VISTA 0 250 500 mmmmmmmmE===z= Feet GP 2010-004 Statistical Area H4 Mariners Mile Map 3 Mariners II III 11 11 IIIIII��� I . 00 Land Use Element Table Anomaly Number Statistical Area Land Use Designation Development Limit (SO Development Limes OFber Additional Information 34 L1 CO-R 484,348 35 L1 CO-R 199,095 36 L1 CO-R 227,797 37 Lt CO-R 131,201 2,050 Theater Seats (not included in total square footage) 38 L1 CO-M 443,627 39 L1 MU -H3 408,084 40 L1 MU -H3 1,426,634 425 Hotel Rooms (included in total Square Footage) 41 L1 CO-R 327,671 42 Lt CO-R 286,166 43 L1 CV 611 Hotel Rooms 44 L1 CR 1,619,525 1,700 Theater Seats (not included in total square footage) 45 -1 CO-G 162,364 46 Lt MU-H3/PR 3,725 24 Tennis Courts Residential permitted in accordance with MU -H3. 47 L1 CG 105,000 48 Lt 1 MU -H3 337,261 49 L1 PI 45,208 50 L1 CG 25,000 51 K1 PR 20,000 52 K1 CV 479 Hotel Rooms 53 K1 PR 567,500 See Settlement Agreement 54 it CM 2,000 55 H3 PI 119,440 56 A3 PI 1,343,238 990,349 sf Upper Campus 577,889 sf Lower Campus In no event shall the total combined gross floor area of both campuses exceed the development limit of 1,343,238 sq. ft. 57 Intentionally Blank 58 J5 PR 20,000 59 H4 MU -W1 247.402 48i 402 57 WMAtReemA mAd 144 Dwelling Units (included in total square footage) 60 N CV 2,660,000 2,150 Hotel Rooms (included in total square footage) 61 N CV 125,000 62 L2 CG 2,300 63 G1 CN 66,000 64 M3 CN 74,000 65 M5 CN 80,000 66 J2 CN 138,500 67 02 PI 20,000 Newport Beach General Plan M Land Use Element Table LU2 Anomaly Locations Anomaly Statistical � Land Use Development Number Area Designation Limits Development LimN Other Additional Information 68 L3 PI 71,150 69 K2 CN 75,000 70 D2 RM -D Parking Structure for Bay Island (No Residential Units) 71 L1 CO -G 11,630 72 L1 CO-G 8,000 73 A3 CO-M 350,000 74 Lt PR 35,000 City Hall, and the administrative 75 L1 PF offices of the City of Newport Beach, and related parking, pursuant to Section 425 of the City Charter. 1.0 FAR permitted, provided all four 76 H1 CO -G 0.5 FAR legal lots are consolidated into one parcel to provide unified site design H4 CV 240000 hotel rooms (included in total square footage) F77 B5 CM 139.840 LU 4.2 Prohibition of New Residential Subdivisions Prohibit new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan (GPA). Lots that have been legally merged through the Subdivision Map Act and City Subdivision Code approvals are exempt from the GPA requirements and may be re- subdivided to the original underlying legal lots. This policy is applicable to all Single Unit, Two Unit, and Multiple Unit Residential land use categories. (Imp 6.1) LU 4.3 Transfer of Development Rights Permit the transfer of development rights from a property to one or more other properties when: a. The donor and receiver sites are within the same Statistical Area. b. The reduced density /intensity on the donor site provides benefits to the City such as, but not limited to, the (1) provision of extraordinary open space, public visual corridor(s), parking or other amenities; (2) preservation of a historic building or property or natural landscapes; (3) improvement of the area's scale and development character; (4) consolidation of lots to achieve a better architectural design than could be achieved without lot consolidation; and /or (5) reduction of local vehicle trips and traffic congestion; c. The increment of growth transferred to the receiver site complements and is in scale with surrounding development, complies with community character and design policies contained in this Plan, and does not materially degrade local traffic conditions and environmental quality. Newport Beach General Plan 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 the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2010 -104 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 14th day of September, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of September, 2010. doo City Clerk Newport Beach, California (Seal)