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HomeMy WebLinkAbout2012-12 - GPA for Newport Beach Country ClubRESOLUTION NO. 2012 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING OF GENERAL PLAN AMENDMENT NO. GPA2008 -005 FOR THE NEWPORT BEACH COUNTRY CLUB PROPERTY LOCATED AT 1600 EAST COAST HIGHWAY (PA2008 -152) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by The Newport Beach Country Club, Inc., with respect to property located at 1600 East Coast Highway, and legally described as Parcels 1 and 3 of Parcel Map No. 79 -704 and a Portion of Back Bay Drive as Shown on Parcel Map No. 79 -704, requesting an approval to redevelop the existing golf clubhouse of the Newport Beach Country Club. The following approvals are requested or required in order to implement the project as proposed: a. A General Plan Amendment to increase the allowable development limit in Anomaly No. 74 in Statistical Area L1 (Newport Center /Fashion Island) of the General Plan Land Use Element by 21,000 gross square feet, from 35,000 to 56,000 gross square feet. b. A Planned Community Development Plan adoption to provide development standards and design guidelines for the golf course and its ancillary uses, pursuant to Chapter 20.35 of the Municipal Code. C. A Site Development Review to allow the construction of 54,819 square -foot golf clubhouse with the associate parking lot and maintenance facility, pursuant to the Section 4.3 of the Newport Beach Country Planned Community Development Plan. d. A Limited Term Permit (Temporary Structure and Uses) for the temporary use /structure during the clubhouse reconstruction, pursuant to Section 20.60.015 of the Municipal Code. e. A Development Agreement pursuant to Section 15.45.020.A.2.c of the Municipal Code which requires a development agreement as the project includes amendments to the General Plan and Zoning Code and construction of new non - residential development in Statistical Area L1 (Newport Center /Fashion Island). 2. The application was deemed complete on October 23, 2008; and pursuant to Ordinance No. 2010 -21, the application is being considered and evaluated pursuant to the Zoning Code in effect prior to November 25, 2010. The Planning Commission held public hearinK on August 4, 2011, October 20, 2011, and November 17, 2011. At the November 17 hearing with a vote of 3 -2, the Planning Commission adopted Resolution No. 1862, recommending the City Council to: Adopt Mitigated Negative Declaration No. ND2010 -010 and the Mitigation Monitoring and Reporting Program; b. Approve General Plan Amendment No. GP2008 -005, Development Agreement No. DA2010 -005, and Limited Term Permit No. XP2011 -005 as proposed by the applicant; C. Adopt an amendment to Planned Community Development Plan No. PC2005 -002 (staffs alternative Planned Community Development Plan) reflecting the increase in intensity for the larger golf clubhouse of 56,000 gross square feet; and Approve Site Development Review No. SD2011 -003 as proposed by the applicant. 4. The City Council public hearing was held on January 24, 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 City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were adopted by City Council on January 24, 2012, by adopting certain CEQA determinations containing within Resolution No. 2012 -11, which are hereby incorporated by reference. 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. The proposed project is consistent with the General Plan and Coastal Land Use Plan as follows: Tmplt: 03/08/11 a. The project site is located within the Statistical Area L1 of the General Plan Land Use Element. The Land Use Element designates the subject property Parks and Recreation (PR), which is intended for active public or private recreational use. Permitted uses include parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. The proposed redevelopment of the golf clubhouse consistent with the proposed alternative planned community development plan thereby would be consistent with this designation. b. The General Plan limits total development on the subject site to 35,000 square feet per Anomaly No. 74. A general plan amendment to increase the maximum floor area to 56,000 square feet, a net increase of 21,000 square feet, is proposed in order to accommodate the proposed new golf clubhouse. C. General Plan Policy LU 3.2 encourages the enhancement of existing neighborhoods, districts, and corridors, by allowing for re -use and infill with uses that are complementary in type, form, scale, and character. The policy states that changes in use and /or density /intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. The proposed General Plan Amendment for increased intensity is consistent with General Plan Policy LU 3.2 as follows: 1. The increased intensity does not impact Newport Beach's share of projected regional population growth. The existing golf clubhouse was constructed in the 1950's and no longer meets the needs of its membership or the Newport Beach Community. National and international golf tournaments are held at the Newport Beach Country Club as well as numerous local and regional charitable events which distinguish Newport Beach from other destinations in the southern California area. The reconstruction and modernization of the clubhouse will enable the Newport Beach Country Club to retain its reputation as a world class sporting venue. 2. The increase in intensity would enhance the values that distinguish Newport Beach as a special place to live for its residents. The proposed reconstruction represents a significant investment to upgrade an aging facility with modern amenities for Newport Beach Country Club members and the greater Newport Beach community during special events, while retaining both active and passive open space in an urban environment. Tmplt: 03108/11 d. General Plan Policy LU 5.6.1 requires that buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods, districts, and corridors. An alternative planned community district development plan has been prepared that contains development regulations ensuring compatibility with the surrounding uses. The project, therefore, is consistent with this policy. e. General Plan Policy 6.14.4 reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hill Roads, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along Coast Highway. The proposed General Plan Amendment for increased intensity is consistent with General Plan Policy LU 6.14.4 in that the proposed reconstruction of the golf clubhouse will allow for the expansion of an existing use allowed by the Land Use Element of the General Plan. The proposed alternative planned community district development plan adheres to the original design concept for Newport Center by not creating a building that is exceedingly high in the lower area along Coast Highway. The golf clubhouse building height will not exceed the nonresidential, nonshoreline 32/50 -foot height limit area. f. The Coastal Land Use Plan designates the subject site as Parks and Recreation (PR) and is consistent with the General Plan Land Use designation. The adoption of the amendment to the planned community development plan will ensure building design and siting regulations will protect coastal resources, including protection of views, and public access through height, setback, floor area, lot coverage, building bulk, and improved pedestrian access in accordance with Policy 2.2.2 -4. The proposed golf clubhouse of the Newport Beach Country Club will continue to provide visitor - serving and recreational facilities as required by Policy 2.3.2 -2. The proposed redevelopment of the project site is therefore consistent with the Coastal Land Use designation. g. The subject property has a zoning designation of Planned Community (PC -47). This PC zoning designation was adopted in 1997 by Ordinance 97 -10, as a part of the City -wide amendment to the districting maps, in order to be consistent with the 1988 General Plan Land Use Element and Zoning Code. The City later assigned the PC with a number of 47 for tracking purposes. A Planned Community Development Plan (development regulations), was not adopted when the PC District zoning designation was assigned to the subject property. h. A planned community development plan (PCDP) is proposed for the Golf Club site and not to include the entire area within the area designated of PC 47. The PCDP contains necessary development regulations to accommodate the applicant's project. Tmplt: 03/08111 2. Charter Section 423 Analysis — Charter Section 423 requires that all proposed General Plan Amendments be reviewed to determine if the square footage (for non - residential projects), peak hour vehicle trip, or dwelling units thresholds would be exceeded as the means to determine whether a vote by the electorate would be required to approve the General Plan Amendment. The subject property is located within Statistical Area L1 of the General Plan Land Use Element. There are no prior general plan amendments to this statistical area since 2006 when the General Plan Update was adopted. The proposed General Plan amendment would be the first amendment for this statistical area and would result in an increase of 21,000 gross square feet (GSF) of non - residential floor area. No increase in residential development is being proposed. There would be no increase to A.M. nor P.M. peak hour trip as the overall size of the golf course remains the same and the proposed clubhouse does not have separate trip rates and ITE predicts traffic based upon the number of acres and not floor area. Pursuant to Council Policy A -18, voter approval is not required as the proposed General Plan Amendment represents an increase of 21,000 square feet, no increase in residential development, and no increase to A.M. nor P.M. peak hour trip. The project, therefore, does not exceed Charter Section 423 thresholds as to require a vote of the electorate. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach does hereby approve General Plan Amendment No. GP2008 -005 to increase the maximum allowable development limit in Anomaly No. 74 in Statistical Area L1 (Newport Center /Fashion Island) of the General Plan Land Use Element by 21,000 gross square feet (from 35,000 square feet to 56,000 square feet), as depicted in Exhibit "A" attached hereto and incorporated by reference. 2. This resolution shall take effect immediately upon adoption. 3. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 4. This resolution was approved, passed and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 24th day of January, 2012, by the following vote, to wit: Tmplt: 03/08/11 MAYOR ATTEST- Leilani Brown, City Clerk Tmplt: 03/08/11 EXHIBIT "A" REVISED TABLE LU2 ANOMALY LOCATIONS Anomaly Statistical Land Use Development Number Area Designation Limits Development Limit Other Additional Information 74 L1 PR 3-&'M 56,000 City Hall, and the administrative offices of 75 L1 PF the City of Newport Beach, and related parking, pursuant to Section 425 of the City Charter. 1.0 FAR permitted, provided all four legal 76 H1 CO -G 0.5 FAR lots are consolidated into one parcel to provide unified site design 77 H4 CV 240,000 157 Hotel Rooms (included in total square footage) 78 B5 CM 139,840 Development limit of 19,905 sq.ft. 79 H4 CG 0.3/0:5 permitted, provided all six legal lots are consolidated into one parcel to provide unified site design Tmplt: 03/08/11 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. 2012 -12 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 241h day of January, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle Noes: Mayor Gardner Absent: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of January, 2012. M a k u• City Clerk Newport Beach, California (Seal)