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Home My WebLink About10 - Attachment CC4 - PC Resolution 1839Planning Commission Resolution No. 1839 ATTACHMENT No. CC 4 OS 04 RESOLUTION NO. 1839 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN, COASTAL LAND USE PLAN AND THE ZONING CODE TO CHANGE THE LAND USE DESIGNATION FROM TWO -UNIT RESIDENTIAL TO MIXED -USE VERTICAL (MU -V) FOR PROPERTIES LOCATED AT 6904, and 6908 -6936 WEST COAST HIGHWAY (PA2010 -182, AND PA2011 -014); AND TO COMMERCIAL GENERAL (CG) FOR THE PROPERTY LOCATED AT 6480 WEST COAST HIGHWAY (PA2010 -190) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. 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 "). 2. 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 January 28, 2008, the City Council adopted a new 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. 4. 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 numerous properties nonconforming, with existing commercial buildings and uses located within residential districts. In accordance with Ordinance No. 2008 -05, mentioned above, those properties are subject to abatement. 5. An application was filed by Jeffrey and Lorraine Kennard, Paul Watkins on behalf of the National Cat Protection Society, and T.K. Brimer with respect to properties located at 6480, 6904, and 6908 -6936 West Coast Highway, requesting approval of the following applications for amendment to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use designation from residential to commercial or mixed -use. 05 Planning Commission Resolution No. 1839 Page 2 of 5 6. The subject properties are currently located within the Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element category is Two -Unit Residential Land Use (RT). 7. The change of the General Plan designations of 6904 and 6908 -6936 West Coast Highway from Two -Unit Residential (RT) to Mixed -Use Vertical (MU -V) ; and to change designation of 6480 W Coast Highway from Two -Unit Residential (RT) to Commercial General (CG). 8. The recommended change of the Zoning District designations of 6904 and 6908 -6936 West Coast Highway from Two -Unit Residential (R -2) to Mixed -Use Vertical (MU -V); and to change zoning district designation of 6480 W Coast Highway from Two -Unit Residential (R -2) to Commercial General (CG). 9. The subject properties are located within the coastal zone. The Coastal Land Use Plan category of the subject properties is Two -Unit Residential Land Use designation (RT -E). 10. The recommended change to the Coastal Land Use designations consistent with the recommended General Plan Amendment for 6904 and 6908 -6936 West Coast Highway from Two -Unit Residential (RT -E) to Mixed -Use Vertical (MU -V); and to change Coastal Land Use designation of 6480 W Coast Highway from Two -Unit Residential (RT -E) to General Commercial (CG -B). 11. 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 three thresholds, a vote of the electorate would be required if the City Council approves the suggested General Plan Amendment: the project generates more than 100 peak hour trips, adds 40,000 square feet of non - residential floor area, or adds more than 100 dwelling units in a statistical area. 12. This is the second set of General Plan Amendments that affect Statistical Area B1 since the General Plan update in 2006. A reduction in the number of dwelling units and the increase in non - residential floor area result in an increase of 46.47 A.M. peak hour trips and an increase 62.08 P.M. peak hour trips based on the commercial and residential housing trip rates reflected in Council Policy A -18. As none of the four thresholds that require a vote pursuant to Charter Section 423 are exceeded, no vote of the electorate is required. 13. A public hearing was held on April 7, 2011, 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. Tmpit: 04/14/10 00 Planning Commission Resolution No. 1839 Page 3 of 5 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 2 (Replacement or Reconstruction). 2. The project of proposed amendments are exempt since they do not entail any significant alteration to the subject properties and are essentially bringing the General Plan Land use Designations, Coastal Land Use Designations and Zoning Districts to be consistent with the existing use of the buildings and properties involved. Therefore, this activity is not subject to CEQA. 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. SECTION 3. FINDINGS. 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. 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 amendments to change the zoning of the subject properties from Two -Unit Residential (R -2) to Mixed -Use (MU -V) or Commercial General (CG) designations. 4. The existing buildings and uses, and future development of those properties 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 CG 0.5 and MU -V zoning districts of the Newport Beach Municipal Code. 5. The subject property at 6904 West Coast Highway is occupied by a veterinary and animal boarding care facility which was established by benefit of Use Permit No. 353 in 1957 (Animal Hospital) and its subsequent amendments in 1973 and 1994 (established Tmplt: 04/14/10 07 Planning Commission Resolution No. 1839 Page 4 of 5 the current National Cat Protection Society use as a cat care and boarding facility), is a legal nonconforming use and any future changes are subject to the provisions of the Nonconforming Uses and Structures Chapter of the City of Newport Beach Municipal Code (currently codified as Chapter 20.38). SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends City Council approval of the following amendments to the General Plan and the Coastal Land Use Plan: 1. General Plan Amendment No. GP2010 -013, and Coastal Land Use Plan Amendment LC2010 -003, changing the designation from Two -Unit Residential (RT) to Commercial General (CG 0.5) and General Commercial (CG -B), respectively, affecting 6480 W. Coast Highway, Statistical Area B1, Attachment Exhibit A. 2. General Plan Amendment No. GP2011 -002, and Coastal Land Use Plan Amendment LC2011 -001, changing the designation from Two -Unit Residential (RT) and Two -Unit Residential, respectively, to Mixed -Use Vertical (MU -V), affecting 6904 W Coast Highway, Statistical Area B1, Attachment Exhibit B. 3. General Plan Amendment No. GP2010 -002, and Coastal Land Use Plan Amendment LC2010 -002, changing the designation from Two -Unit Residential (RT) and Two -Unit Residential, respectively, to Mixed -Use Vertical (MU -V), affecting 6908 -6936 W. Coast Highway, Statistical Area B1, Attachment Exhibit C. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of the following Code Amendments to amend the Zoning Code designation of the following properties: 1. Property located at 6480 West Coast Highway, and legally described as Lot 13 and a portion of Lot 14, Block 4, Seashore Colony Tract, (Code Amendment CA2010 -013) changing the Zoning Designation from R -2 (Two -Unit Residential) to CG 0.5 (Commercial General) , Attachment Exhibit A.; and 2. Property located at 6904 West Coast Highway, and legally described as Parcel 1 of Lot Line Adjustment No. 94 -07, (Code Amendment CA2011 -003) changing the Zoning Designation from R -2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical), Attachment Exhibit B.; and 3. Property located at 6908 through 6936 West Coast Highway, and legally described as Lots 12, 13 and a portion of Lot 14, Block 9, Seashore Colony Tract, (Code Amendment CA2010 -012) changing the Zoning Designation from R -2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical), Attachment Exhibit C. Tmplt: 04/14/10 02 Planning Commission Resolution No. 1839 Page 5 of 5 PASSED, APPROVED AND ADOPTED THIS 7th DAY OF APRIL, 2011. AYES: Eaton, Unsworth, Hawkins, McDaniel, Toerge, Ameri, and Hillgren NOES: None ABSTAIN: None ABSENT: None Earl McDaniel, Chairman BY: Michp erge, Secretary Tmplt: 04114/10 :FD