HomeMy WebLinkAbout04 - Newport Harbor Yacht ClubCITY OF
NEWPORT BEACH
City Council Staff Report
March 11, 2014
Agenda Item No. 4.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226,
kbrandt @newportbeachca.gov
PREPARED BY: Fern Nueno, Associate Planner
PHONE: (949) 644 -3227
TITLE: Adoption of Ordinance No. 2014 -6 approving Zoning Code Amendment No. CA
2012 -006 for Newport Harbor Yacht Club Located at 720 West Bay Avenue
(PA2012 -091)
ABSTRACT:
This is the second reading and adoption of Ordinance No. 2014 -6, approving Zoning Code
Amendment No. CA 2012 -006.
RECOMMENDATION:
a) Conduct a second reading;
b) Find that the project is categorically exempt from the California Environmental Quality
Act ( "CEQA ") pursuant to Section 15302 of the CEQA Guidelines; and
c) Adopt Ordinance No. 2014 -6 (Staff Report Attachment No. CC1), An Ordinance of the
City Council of the City of Newport Beach Approving Zoning Code Amendment No. CA
2012 -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), approving Code Amendment No. CA2012 -006 to increase the development limit for
the project site (Anomaly 67) from 20,000 square feet to 25,000 square feet and to change
the zoning designation for a few properties within the project site from Single -Unit
Residential (R -1) and Two -Unit Residential (R -2) to Private Institutions (PI).
FUNDING REQUIREMENTS:
35
DISCUSSION:
At its February 25, 2014, meeting, the City Council introduced and passed to second
reading Ordinance No. 2014 -6, approving Zoning Code Amendment No. CA 2012 -006. The
Zoning Code Amendment was reviewed in conjunction with a General Plan Amendment,
Coastal Land Use Plan Amendment, Minor Use Permit, and Planned Development Permit,
which will allow for the construction of a 23,163- square -foot replacement yacht club facility.
ENVIRONMENTAL REVIEW:
On February 25, 2014, the City Council found that this project is categorically exempt under
Section 15302, of the California Environmental Quality Act ( "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.
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:
Name: Description:
❑ CC 1.odf Ordinance No. 2014 -6
36
ATTACHMENT A
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)
II: I:9i11WAK91110[$]1I[ iIaI: I:11110411WY91a0lWA9i1 :i 0_T91 :I:1:1:01- .Yd91►I0--y- 301I114lTiTI91
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Newport Harbor Yacht Club, with respect to property located
at 720 West Bay Avenue, 800 West Bay Avenue, 711 -721 West Bay Avenue, and 710-
720 West Balboa Boulevard, and legally described as Lot 169, Block A, East Newport
Tract; Lot 37, Tract 0884; Lots 8 -24, Block 5, East Newport Tract, requesting approval of
General Plan Amendment, Coastal Land Use Plan Amendment, Zoning Code
Amendment, Minor Use Permit, and Planned Development Permit. The following
approvals are required in order to implement the project as proposed:
• A General Plan Amendment to change the land use designations for certain
properties (as shown in the table below) currently being used for boat storage
and parking from Single -Unit Residential (RS -D) and Two -Unit Residential (RT)
to Private Institutions (PI).
• A Coastal Land Use Plan Amendment to change the land use designations for
certain properties (as shown in the table below) currently being used for boat
storage and parking from Single -Unit Residential (RSD -B) and Two -Unit
Residential (RT -E) to Private Institutions (PI -A).
• A Zoning Code Amendment to change the zoning designation for certain
properties (as shown in the table below) currently being used for boat storage
and parking from Single -Unit Residential (R -1) and Two -Unit Residential (R -2)
to Private Institutions (PI).
• A General Plan Amendment and Zoning Code Amendment to increase the
development limit for the project site (Anomaly 67) from 20,000 square feet to
25,000 square feet to accommodate the size of the proposed building.
• A Minor Use Permit to authorize the yacht club assembly use.
• A Planned Development Permit for the design, height, and parking standards
for the proposed construction.
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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
Zoning
R -1
R -2
R -1
Proposed
Private Institutions (PI)
Private Institutions (PI)
Private Institutions (PI)
Z oning
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
99
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 -_, approving General Plan Amendment
No. GP2013 -003 for land use designation changes. The subject properties are
designated as Private Institutions (PI) within the Land Use Element of the General Plan
category.
7. The subject properties are located within the coastal zone. The City Council adopted
Resolution No. 2014 -_, 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 ( "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. 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.
39
2. The amendment will provide consistency with the existing and anticipated use of the
subject properties for continued yacht club use including the associated parking and
boat storage.
3. The use and future development of the property affected by the proposed amendment
will be consistent with the goals and policies of the Land Use Element of the General
Plan and the Coastal Land Use Plan, and the requirements of the Zoning Code.
4. The increased development limit will allow a more efficient yacht club facility with
modern features built to current code requirements, without increasing noise or traffic
in the vicinity. The operational characteristics should not change as a result of the
increased floor area, including the number of employees, members, and special
events.
SECTION 4. DECISION.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
1. The Zoning Map shall be amended as provided in Exhibit "A" attached hereto and
incorporated by reference to change the zoning district of the subject properties from
R -1 (Single -Unit Residential) and R -2 (Two -Unit Residential) to PI (Private Institutions).
2. The Zoning Map shall be amended to change Anomaly 67 increasing the development
limit from 20,000 square feet to 25,000 square feet of gross floor area.
3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance, and each section, subsection, clause
or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance.
This Ordinance shall be published once in the official newspaper of the City, and the
same shall become final and effective upon the effective date of approval by the
California Coastal Commission of the Coastal Land Use Plan Amendment (LC2012-
003).
EX
City Council Ordinance No. 2014 -
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
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
185 TNLGI
ATTEST:
Rush N. Hill, II
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
C ATTORNEY'S OFFICE
LE NNE MULVIHILL,
ASSISTANT CITY ATTORNEY
41
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Assessor Parcel Number
A
047 -
272 -12
B
048 -
021 -19
C
048 -
021 -18
D
048 -
021 -17
E
048 -
021 -16
F
048 -
021 -07
G
048 -
021 -08
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BALBOA a--
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BALBOA BLVD W
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CA2012 -006 (PA2012 -091)
Zoning Code Amendment
Newport Harbor Yacht Club
Name: PA2012 -091 Ord Exhibit W
Anomaly Development
Number Limit (Sq. Ft.)
111
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0 75 150
Feet
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42