HomeMy WebLinkAbout04 - Nero Property Amendment PA2011-061CITY OF
U(c NEWPORT BEACH
City Council Staff Report
Agenda Item No. 4
September 13, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt. Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Javier S. Garcia AICP, Senior Planner
APPROVED:
TITLE: NERO PROPERTY AMENDMENT (PA2011 -061)
105 15TH Street
ABSTRACT:
Amendment to the Zoning Map to change the designation of the subject property from
Two -Unit Residential (R -2) to Mixed -Use Horizontal (MU -CV /15th ST) land use
designation. The code amendment will be consistent with the General Plan and Coastal
Land Use Plan amendments that were unanimously approved on August 9, 2011, City
Council meeting.
RECOMMENDATION:
Conduct second reading and adopt Ordinance No. 2011 -21 (Attachment No. CC1)
approving Code Amendment No. CA2011 -007.
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).
Submitted by:
Kimberly Brandt, CP
Community DeverOpment Director
Attachments:
CC 1 Ordinance No. 2011 -21 with attachment.
City Council Staff Report, August 9, 2011, with exhibits.
14
ORDINANCE 2011 -21
With attachments
ATTACHMENT No. CC 1 2
ORDINANCE NO. 2011 -21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING A ZONING CODE AMENDMENT TO CHANGE
THE ZONING DESIGNATION OF PROPERTY LOCATED AT 105 1 51
STREET (PA2011 -061)
WHEREAS, an application was filed by Morrie and Wanda Nero with respect to the
subject property located at 105 15th Street, requesting approval of amendments to the
General Plan, Coastal Land Use Plan and the Zoning Code to change the land use from
residential to mixed -use.; and
WHEREAS, on July 7, 2011, the Planning Commission conducted a public hearing
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 and Brown Act. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this meeting;
WHEREAS, at the July 7, 2011, public hearing, the Planning Commission
received public comments and on an affirmative motion (7 ayes, 0 noes), forwarded a
recommendation to the City Council to approve the proposed Zoning Code
Amendment;
WHEREAS, the subject property is located within the Two -Unit Residential (R -2)
Zoning District, the General Plan Land Use Element category is Two -Unit Residential
(RT); and
WHEREAS, the subject property is located within the coastal zone. The subject
application considered by the City Council will simultaneously change the Land Use
Element of the General Plan and the Coastal Land Use Plan from Two -Unit Residential
(RT and RT -D) to the Mixed -Use Horizontal (MU -H and MU -H4) land use designations.
WHEREAS, The amendment 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 MU-
CV /15" ST (Mixed -Use Cannery Village /15 °i Street) zoning designation.
WHEREAS, the existing building and use, and future development of the subject
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 will be consistent with the purpose and intent of the MU- CV /15'h ST (Mixed -Use
Cannery Village /15`h Street) Zoning district of the Newport Beach Municipal Code; and
WHEREAS, 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.
3
ORDINANCE NO. 2011 -21
Page 2
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.
Therefore, to the fullest extent permitted by law, applicant and property owner shall
defend, indemnify, release and hold harmless the 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 relate (directly or indirectly) to the project, the
project's approval based on the City's CEQA determination and /or the City's failure to
comply with the requirements of any federal, state, or local laws, including, but not
limited to, CEQA, General Plan and zoning requirements. This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action, or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 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 property from R -2 (Two -Unit Residential) to MU- CV /15`h ST (Mixed -Use Cannery
Village /15th Street), with all other provisions of the existing Zoning Map remaining
unchanged. The change; however, shall not become effective until Coastal Land Use
Plan Amendment No. LC2011 -003 is approved by the California Coastal Commission
and in effect.
SECTION 2: 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.
SECTION 3: This project is exempt from the California Environmental Quality Act
( "CEQA") pursuant to Section 15302 — Class 2 (Replacement or Reconstruction) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 The proposed
amendments are exempt since they do not entail any significant alternation to the
subject property and are essentially bringing the General Plan Land Use designation,
Coastal Land Use designation and Zoning District to be consistent with the existing use
of the buildings located on the subject property involved.
ORDINANCE NO. 2011 -21
Page 3
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the same to be published once in the
official newspaper of the City, and it shall be effective thirty (30) days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 9'" day of August, 2011, and adopted on the 13th day of
September, 2011, by the following vote, to wit:
AYES. COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MICHAEL F. HENN, MAYOR
ATTEST:
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
DAVID R. HUNT, CITY A. ORN0 11,1
S
ORDINANCE NO. 2011 -21
Page 4
ORDINANCE ATTACHMENT
Exhibit A (Zoning Code Amendment)
10515 lh STREET
CA2011 -007
(PA2011 -061)
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Zoning Code Amendment
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City Council Staff Report
Agenda Item No. 12
August 9, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Javier S. Garcia AICP, Senior Planner
APPROVED: A
TITLE: NERO PROPERTY AMENDMENTS (PA2011 -061)
105 15TH Street
ABSTRACT:
Amendments to the General Plan, Coastal Land Use Plan, and the Zoning Map to change
the designations of the subject property from Two -Unit Residential (RT, RT -D and R -2) to
Mixed -Use Horizontal (MU -H4, MU -H and MU-CV/1 5th ST) land use designations.
RECOMMENDATION:
1) Conduct a public hearing; and
2) Adopt Resolution No. 2011 -85 (Attachment No. CC 1) approving:
• General Plan Amendment No. GP2011 -004 and
• Local Coastal Plan Amendment No. LC2011 -003; and
3) Introduce Ordinance No. 2011 -21 (Attachment No. CC 2) approving:
• Code Amendment No. CA2011 -007; and
• Pass to second reading for adoption on September 13, 2011
1
2
Nero Property Amendments
August 9, 2011
Page 2
VICINITY MAP
VIC
vn %
GENERAL PLAN & COASTAL LAND USE ZONING
105 15'" Street r` t ++ <•"+ 105 151" Street
` Nero Property " ` Nero Property
' l :1
CHANGES:CURRENTto PROPOSED
LOCATION: GENERAL PLAN: COASTAL LAND USE PUN: ZONING:
10518'" Street RT to MU444 RT-0 to MU-H R -2 to MUCV 115'" ST
SURROUNDING USES:
North and West; FIT RT4D R -2
;Two -Unit Residential) (Two -Unit Residential) (Two -Unit Residential)
South, and MU -H4 MU.H MU- CV /15" ST
(Mixed -Use Horizontal 4) (Mixed -Use Horizontal) (Mixed-Use, 5r Cannery
trill 1 St)
East PI 1.0 FAR and FIT PIC and RT-0 PI 1.0 FAR and R -2
(Private Institution and (Private Institution and Two- (Private Institution and T)ero-
Two -Unit Residentlal Unit Residential Unit Residential) 5
11
Nero Property Amendments
August 9, 2011
Page 3
FUNDING REQUIREMENTS:
There is no budgetary impact related to this item
Proiect Settina
The subject property is approximately 2,500 square feet and located on the inland side
of West Ocean Front on the Balboa Peninsula. It is designated by the Land Use
Element of the General Plan, Coastal Land Use Plan, and the Zoning Code for Two -Unit
Residential use. The property is currently developed with a mixed -use building with
commercial use on the ground floor making it nonconforming with the General Plan,
Coastal Land Use Plan and the Zoning Code.
Background
On June 7, 1990, the Planning Commission approved Use Permit No. 3383 that
authorized the construction of a mixed -use building located at that time in the C -1
Zoning District (Attachment No. CC3).
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.
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 the finalization of the City's Local Coastal Plan
(LCP), which occurred on July 14, 2009, and the subsequent Zoning Code Update which
became 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 result of that action rendered
several properties nonconforming, including existing commercial uses located within
residential districts, which in accordance with Ordinance No. 2008 -05 became subject to
abatement.
On July 7, 2011, the Planning Commission held a public hearing on the proposed
amendments. After evaluating the proposed land use designations and their intensities,
and hearing testimony from the applicant and the public, the Planning Commission
unanimously voted to recommend approval of the proposed amendments. A copy of the
staff report (Attachment CC4), Planning Commissions Resolution (Attachment CC5)
and the minutes of the hearing are attached (Attachment CC6). 15
Nero Property Amendments
August 9, 2011
Page 4
O
Analysis
Amendments to the General Plan Land Use Plan, Coastal Land Use Plan, and Zoning
Code are legislative acts. Neither City nor State Planning Law sets forth specific
findings for approval or denial of such amendments. However, when making such
decisions the City Council should consider applicable General Plan and Coastal Land
Use Plan Policies and development standards to ensure consistency and compatibility
with surrounding uses.
The subject application does not include a specific project for development at this time.
The proposed land use designation changes, as shown below, would allow the retention
of the existing mixed -use development and allow for future development in accordance
with the standards of the proposed zoning district (MU -CV /15th ST, Mixed -Use Cannery
Village /15th Street) and with the General Plan, Coastal Land Use Plan and Mixed -Use
Horizontal designations. The proposed land use designations would allow for the
following:
Mixed -Use Buildings: floor area to land ratio of 1.50; where a minimum floor area to land
ratio of 0.25 and maximum of 0.5 shall be used for nonresidential purposes and
maximum of 1.25 for residential.
Nonresidential Buildings: floor area to land area ratio of 0.5 maximum.
Multi - Family Residential Buildings: a density of 20.1 to 26.7 du /ac is permitted.
General Plan
The applicant requests to amend the General Plan to change the subject property from
a two -unit residential to a mixed -use land use designation. The MU -H4 designation is
intended to provide for the development of properties for mixed -use structures that
horizontally integrate housing with retail uses including retail, office, restaurant; and
similar nonresidential uses on the lower and upper floors; nonresidential use buildings
and multi - family residential. MU -H4 designated sites also may be developed exclusively
for retail or offices.
Consistency with the policies of the General Plan (Policy LU 3.3 - Opportunities for
Change) has been evaluated in conjunction with the proposed amendments and have
been determined to be consistent with those policies as reflected in the attached
consistency determination (Attachment CC7).
0
Nero Property Amendments
August 9, 2011
Page 5
Coastal Land Use Plan
The subject property is located in the coastal zone and therefore, is subject to the
applicable goals, objective and policies of the Coastal Land Use Plan. The subject
property does not contain any sensitive coastal resources as it is presently improved
with a mixed -use commercial building nor located where public access easements
would be required. In the Coastal Land Use Plan, visitor - serving uses are considered a
higher priority land use than residential use. The continuation of mixed -use and future
redevelopment on the subject property as permitted in the MU -H designation will not
conflict with the policies of the Coastal Land Use Plan.
Zoning Code
The MU- CV /151h Street Zoning District is intended to provide for the development of
mixed use commercial and residential projects with a maximum commercial floor area
ratio (FAR) of 0.5 and residential density of one unit for every 1,631 square feet of land
area (density of 20.1 -26.7 units per acre), and residential intensity of 1.25 FAR.
Residential uses are allowed only above the ground floor
The stated purpose and intent of the Zoning Code is to carry out the policies of the City
of Newport Beach General Plan. Consistency between the General Plan and zoning
designation is critical to ensure orderly development and enforcement. With regard to
the subject property, existing mixed -use development would conform to the standards of
the proposed MU -CV /15th Street Zoning District; the continued commercial use would
be allowed without abatement. Future new development would require conformance
with applicable development and parking standards.
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. The following thresholds are applicable: 100 dwelling units,
100 A.M. peak hour trips, 100 P.M. peak hour trips, or 40,000 square feet of non -
residential floor area. If any of the thresholds are exceeded and the City Council
approves the requested General Plan Amendments, the amendments 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.
Table 1, summarizes the changes created by the proposed amendment with the
recommended MU -H4 designation. The table also shows threshold totals for subject
property. As indicated, none of the four (4) thresholds would be exceeded, and
7-
Nero Property Amendments
August 9, 2011
Page 6
therefore, a vote is not required. A more detailed analysis is attached (Attachment No.
CC8).
Table 1: Charter Section 423 Analysis Summary
Statistical Area Dt
A.M: Peak Hour
P.M. Peak Hour
Increase in
Allowed Floor Area
I Trips
Trips
Allowed Dwelling
Units
Proposed
1,250 sq. R
I 3.38
4.54
0
GP2011 -004
PriorAmendments
I None
I None
I None
None
TOTALS
7,250 sq. R
3.38
4.54
0
(MU -H4 is permitted)
SB18 Tribal Consultation Guidelines
Pursuant to Section 65352.3 of the California Government Code (CGC), 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. The appropriate tribe contacts supplied by the NAHC were
provided notice on May 9, 2011, to allow tribe contacts to respond to the request to
consult. That 90 day period ended on August 7, 2011. Staff has not received any
responses.
surnmary
The applicant has requested the amendment to allow retention of the existing mixed -
use building and uses. The building was constructed in 1990 and authorized by Use
Permit No. 3383 that was approved on June, 7, 1990, by the Planning Commission. The
uses have been in existence for nearly twenty one years and 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 MU -H4
designation does not appear to conflict with the General Plan or Coastal Land Use Plan
or Coastal Act. The Planning Commission and staff do not foresee any adverse
environmental impacts with continued use or redevelopment. The approval of the
General Plan Amendments to MU -H4 designation would not necessitate a vote of the
electorate, per Section 423 of the City Charter.
ENVIRONMENTAL REVIEW:
The Planning Commission recommends the City Council find this project exempt from
the California Environmental Quality Act ( "CEQA ") pursuant to Section 15302 — Class 2
(Replacement or Reconstruction) of the CEQA Guidelines, California Code gf
Nero Property Amendments
August 9, 2011
Page 7
Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
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). Notice of this hearing was
published in the Daily Pilot, mailed to property owners within 300 feet of the properties,
and was posted at the site a minimum of ten days in advance of this hearing, consistent
with the Municipal Code. Additionally, the item appeared upon the agenda for this
meeting, which was posted at City Hall and on the City website.
Submitted by:
Kimberly Brandt, AICP
Community Development Director
Attachments: CC 1 Draft Resolution with Attachments
CC 2 Draft Ordinance with Attachment
CC 3 Relevant Information for 105 151` Street, PA2011 -061
CC 4 Planning Commission Staff Report, July 7, 2011
CC 5 Planning Commission Resolution No. 1848
CC 6 Excerpt of Planning Commission Minutes, dated July 7, 2011
CC 7 General Plan Land Use Consistency Determination
CC 8 Section 423 Analysis Table
I
10
DRAFT RESOLUTION
With attachments
EXHIBIT A
M
EXHIBIT B
COASTAL LAND USE PLAN AMENDMENT NO. LC2011 -003
(PA2011 -061)
ATTACHMENT No. CC 1
1111114
12
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AMENDMENTS TO THE
LAND USE ELEMENT OF THE GENERAL PLAN AND
COASTAL LAND USE PLAN FOR PROPERTY LOCATED AT
105 151h STREET (PA2011 -061)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Morrie and Wanda Nero with respect to the subject property
located at 105 151h Street, legally described as Lot 3, Block 15, Section B, Newport
Beach Tract, requesting approval of General Plan Amendment No. GP2011 -004, and
Coastal Land Use Plan Amendment LC2011 -003, changing the designation from Two -
Unit Residential (RT and RT -D) to Mixed -Use Horizontal (MU -H4 AND MU -H); and
Code Amendment No. CA2011 -007 changing the zoning designation from Two -Unit
Residential (RT) to Mixed -Use Cannery Village and 151h Street (MU -CV /15th ST)Zoning
District.
2. On June 7, 1990, the Planning Commission approved Use Permit No. 3383 that
authorized the construction of a mixed -use building located at that time in the C -1
Zoning District, for the property located at 105 15th Street.
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 ").
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.
5. 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 (N PB_MAJ_1 -07).
6. 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.
7. 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.
13
Resolution No.
Page 2
8. 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 May 9, 2011. 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 August 7, 2011. No requests for consultation were received.
9. A public hearing was held on July 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. At the conclusion of the public hearing, the Planning
Commission voted unanimously (7 ayes, 0 noes) to adopt Planning Commission
Resolution No. 1848 recommending City Council adoption of the proposed General
Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment.
10. A public hearing was held on August 9, 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 City Council
at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act ( "CEQA ")
pursuant to Section 15302 — Class 2 (Replacement or Reconstruction) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3 The proposed
amendments are exempt since they do not entail any significant alternation to the
subject property and are essentially bringing the General Plan Land Use designation,
Coastal Land Use designation and Zoning District to be consistent with the existing
use of the buildings located on the subject property involved.
2. The City's action to amend the General Plan, the Coastal Land Use Plan and the
Zoning Code as requested by the property owner is exempt from the California
Environmental Quality Act pursuant to California Code of Regulations §15265.
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.
Therefore, to the fullest extent permitted by law, applicant and property owner shall
defend, indemnify, release and hold harmless the City, its City Council, its boards and
commissions, officials, officers, employees, and agents from and against any and all
14
Resolution No.
Page 3
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 relate (directly or indirectly) to the project, the
project's approval based on the City's CEQA determination and /or the City's failure to
comply with the requirements of any federal, state, or local laws, including, but not
limited to, CEQA, General Plan and zoning requirements. This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action, or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding.
SECTION 3. FINDINGS.
1. The proposed amendments of the Land Use Element of the General Plan, the Coastal
Land Use Plan and the Zoning Code are necessary to implement the property owner
request.
2. General Plan Amendment No. GP2011 -004 (added to previous General Plan
Amendments within the last 10 years, there were none) results in the following
increases in residential units, peak hour A.M. and P.M. trips, and /or non - residential
floor area within Land Use Statistical Area D1:
Pursuant to the requirements of Charter Section 423 (Measure S), and Council Policy
A -18 (Measure S Guidelines), General Plan Amendment No. GP2011 -004 is classified
as a "Minor Amendment" and no vote of the electorate is required.
3. 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 MU -CV /15th ST zoning district of the Newport Beach
Municipal Code.
15
'I'flble 1: Charter See6n 423 Annlpsk Siummary
Stetislicnl Area D1
AIIOWedFloorArea
.....,
A.ivt:PeflkflourTrips
P.i•I,PCnkHourTrips
Increase 19X11owedb"U'ng.
+ Units
Proposed
1,250 sq. 0.
338
4.54
0
GP2011 -004
Prior
None
None
None
None
Amendments
TOTALS
(MU -114 is
1,250 sq. (t.
3.38
4.54
0
ennitted
Pursuant to the requirements of Charter Section 423 (Measure S), and Council Policy
A -18 (Measure S Guidelines), General Plan Amendment No. GP2011 -004 is classified
as a "Minor Amendment" and no vote of the electorate is required.
3. 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 MU -CV /15th ST zoning district of the Newport Beach
Municipal Code.
15
Resolution No.
SECTION 4. DECISION
NOW, THEREFORE, BE IT RESOLVED:
Page 4
1. Amendments to the General Plan and Local 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. The City Council of the City of Newport Beach hereby approves General Plan
Amendment as shown in attached Exhibit A and Coastal Land Use Plan Amendment
as shown in attached Exhibit B.
3. The City Council of the City of Newport Beach hereby authorizes submittal of the Local
Coastal Land Use Plan Amendment to the California Coastal Commission for formal
review and approval.
4. Local Coastal Land Use Plan Amendment No. LC2011 -003 shall not become effective
until after California Coastal Commission approval.
Passed and adopted by the City Council of Newport Beach at a regular meeting held on August
9, 2011, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
10
Resolution No.
RESOLUTION ATTACHMENT
EXHIBIT A
(General Plan Amendment Map)
Page 5
27
12
Resolution No.
Existing Land Use:
Two - nit Residential (RT)
4r Proposed Land Use:
Mixed -Use Horizontal 4(MU•H4)
�, J11111ra
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General Plan Amendment
N
Page 6
29
20
Resolution No.
RESOLUTION ATTACHMENT
EXHIBIT B
(Coastal Land Use Plan Map)
Page 7
21
22
CM -13 s'
OF
Rq
Yq
Resolution No.
�t,� rrmrrrrrrrr rrrr�r,
lr�' �uli��if
PR
4A +p'�i LC2011- 003(PA2011 -061) ° '�FK,
Coastal Land Use Plan Amendment
10515th Street
Lc2Dtt -W3 nw nnenoii
Page B
2S
24
DRAFT ORDNANCE
With attachments
Exhibit A (Zoning Code Amendment)
(PA2 011 -061)
25
M
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING A ZONING CODE AMENDMENT TO CHANGE
THE ZONING DESIGNATION OF PROPERTY LOCATED AT 105 151h
STREET (PA2011 -061)
WHEREAS, an application was filed by Morrie and Wanda Nero with respect to the
subject property located at 105 15th Street, requesting approval of amendments to the
General Plan, Coastal Land Use Plan and the Zoning Code to change the land use from
residential to mixed -use.; and
WHEREAS, on July 7, 2011, the Planning Commission conducted a public hearing
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 and Brown Act. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this meeting;
WHEREAS, at the July 7, 2011, public hearing, the Planning Commission
received public comments and on an affirmative motion (7 ayes, 0 noes), forwarded a
recommendation to the City Council to approve the proposed Zoning Code
Amendment;
WHEREAS, the subject property is located within the Two -Unit Residential (R -2)
Zoning District, the General Plan Land Use Element category is Two -Unit Residential
(RT); and
WHEREAS, the subject property is located within the coastal zone. The subject
application considered by the City Council will simultaneously change the Land Use
Element of the General Plan and the Coastal Land Use Plan from Two -Unit Residential
(RT and RT -D) to the Mixed -Use Horizontal (MU -H and MU -H4) land use designations.
WHEREAS, The amendment 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 MU-
CV /151h ST (Mixed -Use Cannery Village /15th Street) zoning designation.
WHEREAS, the existing building and use, and future development of the subject
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 will be consistent with the purpose and intent of the MU- CV /15'h ST (Mixed -Use
Cannery Village /15th Street) Zoning district of the Newport Beach Municipal Code; and
WHEREAS, 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.
27
ORDINANCE NO.
Page 2
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.
Therefore, to the fullest extent permitted by law, applicant and property owner shall
defend, indemnify, release and hold harmless the 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 relate (directly or indirectly) to the project, the
project's approval based on the City's CEQA determination and /or the City's failure to
comply with the requirements of any federal, state, or local laws, including, but not
limited to, CEQA, General Plan and zoning requirements. This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action, or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 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 property from R -2 (Two -Unit Residential) to MU- CV /15th ST (Mixed -Use Cannery
Village /15th Street), with all other provisions of the existing Zoning Map remaining
unchanged. The change; however, shall not become effective until Coastal Land Use
Plan Amendment No. LC2011 -003 is approved by the California Coastal Commission.
SECTION 2: 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.
SECTION 3: This project is exempt from the California Environmental Quality Act
( "CEQA ") pursuant to Section 15302 — Class 2 (Replacement or Reconstruction) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 The proposed
amendments are exempt since they do not entail any significant alternation to the
subject property and are essentially bringing the General Plan Land Use designation,
Coastal Land Use designation and Zoning District to be consistent with the existing use
of the buildings located on the subject property involved.
22
ORDINANCE NO.
Page 3
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the same to be published once in the
official newspaper of the City, and it shall be effective thirty (30) days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 9th day of August, 2011, and adopted on the 13th day of
September, 2011, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES. COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MICHAEL F. HENN, MAYOR
ATTEST:
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
POM
R. HUNT, CITY 41,0101/l/
29
30
ORDINANCE NO.
Page 4
��� ��ii�� ►I L � ■ 11 _ ►
Exhibit A (Zoning Code Amendment)
105 15'h STREET
CA2011 -007
(PA2011 -061)
31
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CA2011- 007.mxd June/2011
1
1)
PC6
CA2011 -007 (PA2011 -061)
Zoning Code Amendment
105 15th Street
0 250 500
Feet
N
S4
RELEVANT INFORMATION:
10515 th Street
FOR PA2011 -061
GP2011 -004
CA2011 -007
LC2011 -003
35
so
COMMISSIONERS .
ROLL CALL
CITY OF NEWPORT BEACH
June 7, 1990
MINUTES
That the proposed use could potentially result an
increase in the demand for off -street parting not
provided on -site.
2 That the approval of Use Permit No will, under the
c rcums :antes of this case, be mental tc the health,
safety. peam morals, comfo and general welfare of
persons residing and work' n the neighborhood, or be
detrimental or injuriou. property and improvements in
the neighborhood o o the general welfare of the City.
3. That the pjoJ56sed facility will adversely affect the
residenti adjacent to the subject property.
4. the use would only benefit special persons (i.e. staff
physicians at the Newport lido Medical Center and
ezHoag Hospital), and the residential community should not
be impacted by the operation.
.
Request to permit the construction of a combined
commercial /residential development on property located in the
C -1 District. The proposal also includes: a request to approve
a use permit so as to allow commercial development of the site
which maintains a Floor Area Ratio which is less Than 0.25; and
modifications to the Zoning Code so as to allow the use of
tandem parking for a portion of the required commercial parking
and to allow the second floor of the structure to encroach 4 feet
into the required 10 foot rear yard setback adjacent to a Z foot
wide alley.
LOCATION: Lot 3, Block 15, Section B, Newport Beach,
located at 105 15th Street, on the
northwesterly side of 15th Street, between
West Balboa Boulevard and West Ocean
Front, on the Balboa Peninsula.
ZONE: C- i
APPLICANTS: Morrie and Wanda :Vero, Newport Beach
W
INDEX
:Lem Nu_3
Ur3383
h_aproved
37
COMMISSIONERS
o�
0
a June 7, 1990
CITY OF NEWPORT BEACH
MINUTES
ROL t cat ;
_
OWNERS: Same as applicants
INUEY..
The public hearing was opened in connection with this item, and
Mr. Todd Schooler, Architect, appeared before the Planning
Cnmmimion on behalf of the applicant. Mr. Schooler referred to
the calculations listed in the staff report and he indicated that
the residential portion of the project does not exceed 1,872
square feet of floor area with a 0.75 FAR, wherein the staff
report indicated 1,892 square feet of residential floor area with
a 0.76 FAR
Mr. Schooler concurred with the findings and conditions in
Exhibit "A' with the exception of Condition No. 18, requesting
that the lighting system be prepared and signed by a licensed
Electrical Engineer wherein he asked if a licensed architect could
also be considered, based on the size of the commercial project.
James Hewicker, Planning Director, stated that Condition No. 18
is a standard condition placed on commercial projects; however,
he indicated that the Planning Commission may modify the
condition. Mr. Schooler stated that an Electrical Engineer is a
substantial cost for a 500 square foot commercial space.
Commissioner Pem6n concurred based on the size of the project-
Commissioner Debay asked if the applicant concurred with the
findings and conditions in Exhibit "B ", which limits residential
FAR to 0.75, reduces the depth of the commercial parking and
requires redesign of parking area. Mr. Schouler responded that
the purpose of the proposed parking layout is based on the
location of the project and the heavy impact of traffic in the
area. He explained that if the garage doors are set back, the
public would have the opportunity to park their automobiles and
block the driveway adjacent to the alley as well as create other
public nuisances.
Mr. Hewicker explained that between the commercial use and
1
the front of the parking spaces there is a large area between the
trash enclosure and the stairway that could be used for either
enlarging the residential, storage or commercial areas. He
indicated that if the garages would be separated with a wall
running perpendicular to the alley, it would provide more than
the minimum required garage spaces, and it would push the
commercial parking spaces forward on the lot, and the surplus
area adjacent to the alley would be similar to the setback
ttdjacem to the residence on the north side of the property.
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L----- -
3g
L
COMMISSIONERS
P Y
•�� �J
O�
0 •
CITY OF NEWPORT BEACH
June 7, 1990
MINUTES
ROLL CALL
INDEX
Mr. Schooler indicated that he did not oppose a wall that would
separate the commercial from the residential parking spaces, that
the garage doors will remain open during the day, and the
applicants will reside on the premises.
In response to a qucstlon posed by Commissioner Glover
regarding the signagc, Mr. Schooler explained that the signs will
be'nstalled at the front and rear part of the property indicating
that the garage door shall remain open and the commercial
parking is at the rear of the property.
Mr. Schooler and Commissioner Debav addressed the single
garage door for the residential and commercial uses that s
proposed for security reasons.
The Piann -ag Commission, Mr. Schooler and Mr. Hewicker
disc.issed concerns regarding the foregoing Condition No. 18, and
apF-opriate plans !hat could be submitted to the City for plan
check which wmild verifv that the required condition has been
met by a F,cn >c i . \r( :.,tr. The conclusion was that the
condition could be modified to add "or licensed architect.
Mr. Bud Van Omum, 107 - 15th Street, appeared before &.a
Planning Commission wherein he indicated that his concerns
include the project encroaching to the side property line, the
proposed number of parking spaces, and the material used to
construct the exterior wall inasmuch as his residential structure
on the adjoining property is 96 inches from the subject property.
Mr. Schooler appeared before the Planning Commission to state
that the exterior walls on the side property lines would be
constructed of wood siding, and it was further agreed that Mr.
Schooler and Mr Van Ornum would meet in the future to
dis um the project. Commissioner Pers6n commented that Mr.
Van Ornum's property is bested in the "C -1" District where a
zero side yard setback is allowed. In response to the foregoing
concerns, Mr. Hewicker explained that the first floor of the
building adjacent to the alley will be set back 10 feet, and the
second floor will be set back 6 feet from the alley. Mr. Van
Ornum suggested that the applicants construct a brick wall as a
buffer between the two lots.
Mr. Jim Cantwell, 1511 Nest Balboa Boulevard, appeared before
the Planning Commission wherein he addressed the parking and
traffic congestion in the commercial area and in the alley.
Commissioner Pers6n commen:ed that the applicant could
-11-
39
COMMISSIONERS
v� � �n
1A� �
D �O �f
•
CITY OF NEWPORT BEACH
Jwie 7, 1990
MINUTES
ROLL CALL
INDEX
develop a 1,250 square foot commercial building on the site
without coming to the City for discretionary approval, and an
advantage of mixed use is that it does not generate as much
traffic.
Mr. Charles Banks, 1510 West Ocean Front, appeared before the
Planning Commission. He suggested that the subject parcel be
integrated and developed with the adjacent parcels of land. In
response to a question posed by Commissioner Pers6n, Mr.
Banks explained that there arc several lots that are under one
i
ownership. Commissioner Glover supported the subject use and
the concept of mixed use in the area. Mr. Banks indicated that
the residents will be impacted by future development.
Mr. Morrie Nero. propery owner, appeared before the Planting
Commission. He explainer' that inasmuch as the intent is to
reside on the property, the applicants are requesting privacy by
being able to enclose the commercial parking spaces with a
garage door at night. He stated that a garage wall between the
residential and commercial parking spaces would be inconvenient-,
however, he agreed to have a wall constructed if nececcary. Mr.
Nero stated that inasmuch as the alley is 25 feet wide, the
proposed uses will not impact the alley. He indicated that the
commercial area consisting of 500 square feet would be utilized
as office space. Mr. Nero and Mr. Hewicker discussed the use of
the residential garage door. Mr. Ncro stated that the area
surrounding the stairway will be landscaped.
Ms. Denise Cantwell, 1511 West Balboa Boulevard, appeared
before the Planning Commission wherein she addressed the
parking congestion in the area.
There being no o'hers desiring to appear and be heard the
public hearirg was closed at this time.
In response to a question posed by Commissioner Debay
regarding Exhibit "B', William Layeock Current Planning
Manager stated that Condition \t, 3, Fxhibit B', stales that the
two residential parkirg spaces shall be separated from the
commerdal parking spaces by a full height wall and shall have
a separate garage door.
Notion
•
Motion was made to appro\t, Use Permit No. 3393 subject to the
findings and conditions to Exhibit 'B•. Commissioner Debav
based her motion on the fact that the property is weed
-12-
M90
COMMISSIONERS
ROLL CALL
All Eyes
9 . June 7, 19%
MINUTES
CITY OF NEWPORT BEACH
INDFX
.commercial ", and the property owner has the right to develop
his property as long as it meets the zoning regulations. She
requested that Condition. No. 18 be modified to add "...licensed
Electrical Engineer or Licensed Architect.'. She suggested that
recommended conditions for entirely commercial projects not
necessarily be included on future mixed use applications.
Commissioner Pers6n stated that the subject project is similar in
size to a duplex, and he opposed the lighting and similar
conditions based on the size of the proposed development. Mr.
Hewicker suggested that Condition No. 18 in Exhibit 'B" could
be modified to state that the lighting shall be designed in such
a way as to conceal the light source and maintain the tight on
the property,
Motion was voted on to approve Use Permit No. 3383 subject to
the findings and conditions in Exhibit "B" (Limits resid: +tial FAR
to 0.75 and -educes the depth of the commercial parking and
requires redesign of parking area), and add to Condition No. 18
"Licensed Architect'. MOTION CARRIED.
Findings,
1. That the proposed commercial space constitutes a
significant portion of the development.
2. That the proposed commercial development is large
enough to accommodate a viable business.
3. That the design of the development or the proposed
improvements will not conflict with any easements
acquired by the public at large for access through or use
of property within the proposed development.
4. That public improvements may be required of a developer
per Section 20.80.060 of the %iwiicipal Code.
5. That the proposed development is consistent with the
General Plan and the adohir,i Local Coastal Program,
Land Use Plan. and is compatible with surrounding [and
uses.
6. That inasmuch as the proposed project is located on
commercially zoned property and includes a commercial
-13-
41
COMMISSIONERS
. June 7, 1990
MINUTES
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
Fl it is reasonable and
—
necessary to limit the residential Floor Area Ratio to 0.75.
7. That other similar projects which have been approved
within the Central Balboa area and Cannery Village have
included residential development which did not exceed
0.75 Floor Area Ratio.
8. The approval of Use Permit No. 3383 will no% under the
circumstances of this case, be detrimental to the health,
safety, peace, morals, comfort, and general welfare of
persons residing and wor;dng in the neighborhood or be
detrimental or injurious to property and improvements in
the neighborhood or the general welfare of the City and
further that the proposed modifications for a commercial
tandem parking space and the second floor encroachment
into the alley setback are consistent with the legislative
intent of Title 20 of the Newport Beach Municipal Code.
Conditicas:
1. That the proposed development shall be in substantial
compliance with the approved site plan, floor plans and
elevations, except as noted below.
2. That only one dwelling unit shall he permitted on the site.
3. That the two garage parking spaces (including a tandem
parking space) shall be for the exclusive use of the
residential unit on the site and shat >c physically
separated from the commercial parking spaces by a full
height µall and shall also have a separate garage door.
4. That one tandem parking space and one independently
accessible parking space shall be provided for the
commercial use on the property at all times the
commercial space is open for business. Should an
operating garage door he utilized, the parking spaces shall
remain open during business hours and made available for
use by the employees and the public. The depth of the
commercial parking area shall ' - reduced to a minimum
depth of 36 feet to provide only two car tandem parking
inside the building.
•14-
42
COMMISSIONERS •
.o
n � q
\� CITY OF NEWPORT BEACH
June 7, 1990
MINUTES
ROLL CALL
INOEX
5. That a sign whit! �vill he visible from the street shall be
provided at the front of the building, indicating the
location of the commercial parking at the rear of the
property. In addition, a sign shall also be located on the
rear of the building, statine that the garage door to the
cvnmtercal parking spaces shall remain open during
regular business hours. Said sign sball also provide the
telephone number of the City 's Code Enforcement
personnel so that the pub! , may contact the City if the
garage door is closed during regular business hours.
6. That the residential Floor Area Ratio for the proposed
project shall not exceed 0.75 (1,875 sq.ft.).
7. That all improvements be constructed as required by
Ordinance and the Public Works Department.
8. That arrangements be made with the Public Works
Department in order to guarantee satisfactory completion
of the public improvements, if it is desired to obtain a
building permit prior to completion of the public
improvement -c.
9. That the commercial and residential units he served with
individual water service and sewer lateral connection to
the public water and sewer systems unless otherwise
approved by the Public Works Department.
10. That the on -site parking, vehicular circui,
pedestrian circulation systems be subject to further review
by the City Traffic Engineer.
11. That all vehicular access to the p-operty ie from the
adjacent a:ley unless otherwise a-�-oved by the Clay
Cottn6
12. That County Sanitation D;strict fees be pa.l prior to
issuance of any building permits.
13. That the curb avid sidewalk be reconstructed along the
15th Street frontage and that the asphalt portion of the
deteriorated alley adjacent to the site be reconstructed
unde: an encroachment permit issued by the Public Works
Department.
-:5-
43
L- ---
COMMISSIONERS • .
ROLL CALL
CITY OF NEWPORT BEACH
June 7, 1990
MINUTES
14. That the Public Works Department plan check and
inspection fee be paid.
15. That the disruption caused by construction work along
road..,:,. • and by movement of construction vehicles shag
be minimized by proper use of tmffrc control equipment
and flagmen. Traffic control transportation of
equipment and materials shall be conducted in accordance
with state and local requirements. A traffic control plan
shall be reviewed and approved by the Public Works
Department. No construction storage or delivery of
materials shall be stored within the 15th Street right-of-
way. Prior to issuance of any grading permits, a ping
plan for workers must be submitted and approved by the
Public Works Department.
16. That overhead utilities serving the site be undergrounded
to the nearest appropriate pole in accordance with Section
1914.140 of the Municipal Code.
17. That the applicant shall obtain Coastal Commission
approval of this application prior to the issuance of
building permits.
18. The ;fighting system shall be designed, directed. and
maintained in such a manner as to conceal light sources
and to minimize light spillage and glare to the adjacent
residential areas. The plans shall be prepared and signed
by a licensed Electrical Engineer or licensed Architect;
with a letter stating that, in his opinion, this requirement
has been met.
19. That the Planning Commission may add to or modify
conditions of approval to this Use Permit or recommend
to the City Council the revocation of this Use Permit,
upon a determination that the operation which is the
subject of this Use Permit, causes injury, or is detrimental
to the health, safety, peace, morals, comfort, or general
welfare of the community.
20. That this use permit shall expire unless exercised within
24 months from the date of approval as specified in
Section 2080.090A of the Newport Beach Municipal Code.
16-
INDEX
44
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Planning Commission
Staff Report, dated July 7, 2011
(PA2011 -061)
ATTACHMENT No. CC 4
51
52
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
J ' '011 Heanng
Agenda Item _ 4
SUBJECT: Nero P•operty Amendment - (PA2011 -061)
105151 Street
• General Plan Amendment No. GP2011 -004
Code Amendment No CA2011 007
Local Coastal Plan Amendment No. LC2011 -003
APPLICANTS: Morrie and Wanda Nero
PLANNER: Javier S. Garcia AICP, Senior Planner
(949) 644 -3206 jgarcia @newportbeachca.gov
PROJECT SUMMARY
T ic Nroperty owner is seeking to continue the existing noncon`onning commercial uses
of the subject property by requesting the follow' icJ amendments-
1 General Plan Land Use designation from Two -Unit Reside -Jal (R -; to Mixec -Use
Horizontal 4 (MU -H4),
2) Coastal Land Use Plan designation, from Two -Unit Residential (RT -D) to Mixec -Use
Horizontal (MU -H), and
3. Zoning designation from Two -Unit Residential (R -2) to the Mixed -Jse Cannery
Village and 15th Street (MU -CV /15th ST).
No new lanc -- 1Pvelopment is proposed at this time.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. _ (Attachment No. PC 1) and attached Ex -ii its
recommending the City Council:
• Approve General Plan Amendment No. GP2011 -004; and
• Approve Local Coastal Plan Amerdment No LC2011 -003; and
• Approve Code Amendment Ne. CA2011 -007.
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Nero Property Amendment
July 7, 2011
Page 2
VICINITY MAP
VV � � •)IF e}
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54
CHANGES:CURRENTto PROPOSED
LOCATION' GENERAL PLAN:
COASTAL LAID USE PLAN:
ZONING:
RT -D to MU -H
R-2 to MU -CW le ST
105 15' Street RT to MU -He
SURROUNDING USES:
North and Weat; RT
RT -0
R -2
(Two -Unit Reek
(Two-Unit Resldentlel)
(Two -Unit Residential)
Said, and MU 444
MU -H
MUL'W15e ST
(Mixed-Use Horizontal Q
(Mixod -Utte Horizontal)
(Mixed -Use, Cannery
- - -_
wao i O1 SI)_.
East PI 1.0 FAR and RT
PIC sold RT43
PI 1.0 FAR and R -2
(Private Institution and
(Private InaHtudon aid Rao-
(Prlvab InetWion and
Two -Unit Residential)
Iloft Rnllderow
Two -UnH ResldenUN)
54
Ne,o Property Amendment
July 7, 2011
°ag.; 3
INTRODUCTION
Project Setting
The subject property is approximately 2,500 square feet and located on the inland side
of West Ocean Front on the Balboa Peninsula. It is designated by the Land Jse
Element of the General Plai --oastar Land Use Plan. and the Zoning Code for Two- iit
Residential use. The property is currently developed with a nixed -use building •vith
commercial use or, the ground floor making it nonconforming with the General Plan,
Coastal Land Use Plan and the Zoning Code.
Background
Or June 7 1990: the Planning Commission approved Use Permit No 3383 'nat
authorized the construction of a mixed -use building located at that Nme in t -e _ -1
Zoning District (Attachment No. PC 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 ").
Or November 13 2007 the City Council adopted Resolution e 2007 -71 approving
Coastal Lard Use Plan Amendment No. LC2007 -001. making the Coastal Land Use Flan
corsistent w th the General Plar Update.
Or 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 the finalization of the C'ty's Local Coastal Plan
(LCP), which occurred on July 14, 2009, anc the subsequent Zo-nr,c Cod. Update wl-ich
was effective November 25, 2010.
Or ictober 25. 2010, the City Counca Adopted a Comprehensive Update to the Zcr ing
Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zcr ng
Code and the Land Use Element of the General Plan. The resu ' `_' n rendered
several properties nonconforming. including existing commercial uses located wr mi
residential districts which in accordance with Ordinance No. 2008 -05 became subjec- to
aoa, r�,ent.
T! t- City sent letters to all known uses that are subject to abatement Staff has met and
con inues to meet with many of the owners of property that are su 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 a^d Zoning Code to allow t' a oontir ation of the commercial
55
Nero Property Amendment
July 7, 2011
Page 4
use. In the case of the subject app ication, a owner chose to pursue amendments to
change the lard use desigrations of 'heir property from residential to mixed-use.
I oiect Descriotior
The subject application does not include a specific project for development at this time.
The oroposeo nd use c nges, as shown below, would a!!ovr the retention of the
existing land use and a;low for future development it accordance with the standards of
the proposed zoning district.
Existing Proposed
General Plan Two-Unit Reskentija (RT) _ ! Mixed -Use Horizontal 4
Coastal Land Use Plan — Two -Unit Residential (RM ; Mixed -Use Horizontal (I
zoning District j Two-Unit Residential (R -2) I Mixed -Use, Cannery Vi
(MU- CV115th ST- 0.5)
Analysis
Amendments to the General Plan Land Use Plan, Coastal Land Use Plan, and Zoning
Code are legislative ads. Neither City nor State Planning Law sets 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.
General Plan
The applicant requests to amend the General Plan to change the subject property from
a two -unit residential to a mixed -use land use designation. The MU -H4 designation is
intended to provide for the development of properties for mixed -use structures that
horizontally integrate housing with retail uses including retail, office, restaurant, and
similar nonresidential uses on the lower and upper floors; nonresidential use buildings
and mufti- family residentia MU -H4 designated sites also may be developed exclusively
for retail or offices in accordance with the CN, CC. CG, or CO-G designations.
Mixed Use Buildings: floor a,ea to land ratio of 1.50; where a minimum floor area to land
ratio of 025 and maximum of C 5 shall be used for nonresidential purposes and
maximum of 1.25 for residential.
Nonresidential Buildings: floor area to land area ratio of 0.5 maximum.
b1ulti- Family Residential Buildings a density of 20.1 to 26.7 du /ac is permitted.
50
Nero Property Amenament
July 7, 2011
Pag, 5
In considerirg the pr000sed General Plan Amendment, the Planning Commission
snowd consider the following Land Use Element policies:
Policy LU 3 3 - Opportunities for Change states it part as follows:
(Newport 3each General Plan, pp. 3 -9)
Provide opportunities for improved development and enhar.ed environments fcr
residents in the following districts and comdors...
Balboa Peninsula more efficient patterns of use that consolidate the Peninsu
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 it Canrery Village
for residential and limited mixed -use and liveiwork 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.
The subject site was so re- designated with the adoption of the General Plan Update.
Tt-e genera purpose was to strengthen the viability of commercial uses around the
existing commercial centers at the signalized intersection The subject property is
located on 15'" Street, which has historically and currently developed wits commercial
and mixed -use structures. The amendment will provide continued use of the ground
floor for commercial use as currently designed in furtherance of the policy. Approval of
the amendment will allow the continuation of the existing mixed use development that
would not be subject to abatement and therefore avoid the near term result of creating
vacant Porto- of the building on 15U Street. ' he oresence of vacant storefronts has the
opposite effect of revitalization.
Coastal Land Use Plan,
The subject property is located in the coastal zone and therefore, is subject to the
applicable goals, objective and policies of the Coasta Land Use Plar. This Plan is
created to govern the use of land and water it the coastal zone within the City. of
Newport Beach and is in accordance with the California Coastal Act of 1976 'he
subject property has a land use designatior of Two -Unit Residential (RT -D). he
a: -I int is requesting to change the current land ise to a nixed -use designation. The
subject property does not contain any sensitive coastal resources as it is presently
improved with commercial buildings nor I here public access easements would
be required The Coasta' Act prioritizes land uses, and visitor- serving uses are a higher
priority land use than residential use. The contiriation of commercial uses and future
redevelopment on the subject property as perm'tted in the MU -H designafon will not
corfl ct with the policies of the Coastal Act.
s7
Nero Property Amendment
July 7, 2011
Page 6
Zoning Corte
the MU- CV /15'" Street Zoning District is intended to provide for the development of
mixed use commercial and residential projects with a maximum commercial floor area
ratio (FAR) of 0.5 and residential density of one unit for every 1.631 square feet of land
area (density of 20.1 -26.7 units per acre), and residential intensity of 1.25 FAR.
Residential uses are allowed only above the ground Poor
1 , stated purpose and intent of the Zoning Code is to carry out the policies of the City
of Newport E. _ i General Plan Consistency between the General Plan and zoning
designation is critical to ensure orderly development and enforcement. With regard
the subject property, existing mixed -use development would conform to 'he standard of
the proposed MU- CV /15"' Street Zoning District the continued commercial use wculd
be allowed without abatement Future new development wou require conformance
with applicable development and parking standards.
Under the existing RT designation, the subject property could be developed with a
maximum of two (2) residerha dwelling units. A total of four (4) parking spaces would
be require4_
The main purpose of the requested amendment is to maintain the existing mixed -use
developme�• as was originally approved on June 7, 1990, by the Plannirg Commission
under Use Permit No. 3383.
The charts below demonstrate how the subject property of 2,500 square feet in size
could be developed under the minimum and maximum intensity allowance for MU-
CV /15'" Street zoning designation. The parking for the existing commercial development
is provided one space for every 250 square feet of gross floor area.
MU- CV /15" Street
Parking
1,250 sf (0.50 FAR) ; 2 (482 sl Q 5 (1/250 gross s!;
1 (2M U/AC) , 3,125 (1.25 FAR) 12 garage
J
Comrnaclal On 0.6 FAR
Parklim
Total
1,250 of. (0.50 FAR)
5 (11250 gross at)
per
M
Nero Property Amendment
July 7, 2011
Page 7
As demonstrated, under the minimum mixed -use intensity allowance the suby-ct
property could be developed with up to 1.250 square feet of retai' commercial
development and one (1) residential dwelling unit. Under this scenario however, it.
unllkeiy that tre seven (7) required parking spaces could be provided on -site (five (5)
commercial parking spaces, includes one (1) handicap space: and two (2) residential
parking spaces). The project is developed to the maximum mixed -use intensity as
originally approved by Use Permit No. 3383 (the minima n mixec -use scenario in the
table above with four (4) parking spaces;.
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 wowd 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. However, since there have been no previous amendments
w thin tnis statistical area, only the change as apply to this amendment are provided r
Table 1 The following thresholds are applicable.- 100 dwelling units, 100 A M- peak hour
trip, , 00 P.M peak hour trips. or 40,000 square feet of non - residential floor area. If any
of the thresholds are exceeded and the City Council approves the requested General
Plan Amendments. the amendments would be classified as a "major amendment" and
be subject to voter consideration. Approved amerdments . other than those approved by
the electorate are tracked for 10 years and factored into the analysts of future
amendments as indicated.
Table 1, summarizes the Granges created by the proposed amendments with the
recommended MU -Hd desigra:ic%. The table a, -hows threshold totals for subject
property As indicated, none of the ' ,.% 4 thresholc would be exceeded, and
therefore. a vote is not required A more detailed analysis is attached (Attachment No.
PC 4)
Table 1: Garber Saollon 477 Anrye(e Sreetly
SLSSSesI Am D1
- A.N. Hsk Hour P.M. Peon rlorr Ieeaeee b
Allewod Floor Area Polls Td" WAS
Oled q
tllAS
Proposed 1,250 sq. 8. 3.38 4.54 -1
OP26114)04
PdorA.resleads I Now I None I none i Nene
(1W444 e. peen6ted) I 1'= si t I 336 4.54 .1
J�9
Nero Property Amendment
my 7, 2011
Page 8
SB'8 Tribei Consultation Gu.'delfnes
Pursuant to Section 65352 3 of the California Government Code, a local government is
required to contact the appropriate tribes identified ry the Native American Heritage
Commission (NAHC) each time it considers a proposal to ad ,-)j ' or amend the General
Plan. If requestea by any tribe, the local government must consult for the purpose of
preserving or mitigating impacts to cultural resources The City received comments f-or
the NAHC indicating thai m t ) tribe contacts should be provided notice regarding the
proposed project The appropriate tribe contacts supplied by the NAHC were provided
notice on May 9, 2011 Section 65352.3 of the California Government Code requires 90
days to allow tribe contacts to respond to the recuest to consult unless the tribe
contacts mutually agree to a snorter time period.
The project sites are located in a geographic feature which was significantly modified
during the last century in order to after 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 Due to
these factors, the City has contacted the nine (9) tribe contacts by telephone, email, and
stand,vo mail, and has not yet received any responses although the review period
remains open. The Planning Commission may recommend 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 sites are
presently developed and that the no development is proposed at this time staff dies
not anticipa!•_ anv conflicts or need for monitoring bi the tribes. If any comments are
received from the tribes, they will be forwarded to the City Council for ccnsideration.
Environment.0 Review
The proposed amendments are exempt since ti-ey do not entail any significant
alteration to the subject property and wil b-ing the General Plan Lard Use, Coastal
Land Use, and Zoning District designations consistent with the present use of '.he
subject property. The site is presently deveioped and no development is proposed at
this time, however, future development of the existing property and structures would be
categorically exempt under Sectior 15302 cf the Ca forma Environmental Quality Act
(CEQA) Guidelines — Class 2 (Replacement or Reconstruction).
Summary
The applicant has requested the amendment to allow retention of the existing mixed -
use building and uses. The building was constructed in 1990 and authorized by Use
Permit No 3383 thias approved on June, 7, 1990, by the Planning Commission. The
uses nave been in existence for nearly twenty one years and ?s abatement at this t me
seems contrary to the General Plan Poicies that p,omote revitalization of the area
00
Nero Property Amendment
July 7, 2011
Page 9
Continuation of these uses and future development consistent with the MU -H4
designation 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 or redevelopment. The approval of the General Plan Amendments to
MU -H4 designation would not necessitate a vote of the electorate, as requirec by
Section 423 of the City Charter.
Alternatives
Alternatives to the recommended or applicant proposed amendments could include
disapproval of the request and retention of the existing General Plan Coastal Land Use
Plan and Zoning designations of Two -Unit Residential. If it is the desire of the Planning
Commission to disapprove this request in its entirety, the attached resolution
recommending disapproval is provided (Attachment No. PC2). However, such an action
would require abatement of the existing nonresidential use in accordance with the
provisions of the Zoning Code, Section 20.38.100.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the properties, and was posted at the site a minimum of ten days in advance
of this hearing, consistent with the Municipal Code. Additionally, the item appeared
upon the agenda for this meeting, which was posted at City Hall and on the City
website.
Prepared by:
Submitted by:
Javief S. Gardid AICP, Gregg Ra 1rez,
Senior Planner Senior Planner
ATTACHMENTS
PC 1 Draft Resolution Recommending Approval with Attached Exhibits
PC 2 Draft Resolution Denying Amendment Request
PC 3 Relevant Information for 105 15th Street, PA2011 -061
PC 4 Section 423 Analysis Table
F 20111PA20114*11PC Ouciments •PA201 I- 061TA2011.061 • PC suff repim 07-07 -2011 docr
Tmp11: 1123109
01
02
Planning Commission
Resolution No. 1848
(PA2011 -061)
ATTACHMENT No. CC 5
OS
04
RESOLUTION NO. 1848
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
HORIZONTAL (MU -H4 AND MU -H); AND TO MIXED -USE
CANNERY VILLAGE AND 15TH STREET ZONING DISTRICT
(MU -CV /15TH ST), FOR PROPERTY LOCATED AT 105 15TH
STREET (PA2011 -061)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On June 7, 1990, the Planning Commission approved Use Permit No. 3383 that
authorized the construction of a mixed -use building located at that time in the C -1
Zoning District, for the property located at 105 15th Street.
2. 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 ").
3. 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.
4. 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.
5. 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.
6. An application was filed by Morrie and Wanda Nero with respect to the subject property
located at 105 15th Street, requesting approval of amendments to the General Plan,
Coastal Land Use Plan and the Zoning Code to change the land use from residential to
mixed -use.
05
Planning Commission Resolution No. 1848
Page 2 of 4
7. The subject property is 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).
8. The recommended change of the General Plan designation of 105 15th Street is from
Two -Unit Residential (RT) to Mixed -Use Horizontal 4 (MU -114).
9. The recommended change of the Zoning District designation of 105 15th Street is Two -
Unit Residential (R -2) to Mixed -Use Cannery Village /15 h Street (MU- CV/15th ST).
10. The subject property is located within the coastal zone. The Coastal Land Use Plan
category of the subject properties is Two -Unit Residential Land Use designation (RT -D).
11. The recommended change to the Coastal Land Use designation is consistent with the
recommended General Plan Amendment for 105 15th Street from Two -Unit Residential
(RT -D) to Mixed -Use Horizontal (MU -H) and will not become effective until the
amendment to the Coastal Land Use Plan is approved by the Coastal Commission.
12. 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 City Council approves the
suggested General Plan Amendment: 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.
13. This is the first General Plan Amendment that affects Statistical Area D1 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 3.38 A.M. peak hour trips
and an increase 4.54 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.
14. A public hearing was held on July 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.
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 under Class 2 (Replacement or
Reconstruction).
Tmpit: 04/14/10
00
Planning Commission Resolution No. 1848
Page 3 of 4
2. The proposed amendments are exempt since they do not entail any significant
alteration to the subject property 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 property 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.
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 Mixed -Use (MU -H4
and MU -H).
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 MU -CV /151h ST zoning district of the Newport Beach
Municipal Code.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of General Plan Amendment No. GP2011 -004, and Coastal Land Use
Plan Amendment LC2011 -003, changing the designation from Two -Unit Residential
(RT and RT -D) to Mixed -Use Horizontal (MU -H4 AND MU -H); and Code Amendment
No. CA2011 -007 changing the zoning designation from Two -Unit Residential (RT) to
Tmplt: 04/14/10
07
Planning Commission Resolution No. 1848
Page 4 of 4
Mixed -Use Cannery Village and 15th Street (MU- CV /151h ST), affecting 105 15th Street,
Statistical Area D1, legally described as Lot 3, Block 15, Section B, Newport Beach
Tract (Attachment Exhibit A).
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 relate (directly
or indirectly) to City's approval of the Nero Property Amendments (PA2011 -061)
including, but not limited to, General Plan Amendment No. GP2011 -004, Coastal Land
Use Plan Amendment LC2011 -003, and Code Amendment No. CA2011 -007. This
indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attorneys' fees, and 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 7th DAY OF JULY, 2011.
AYES: Ameri, Hawkins, Hillgren, Kramer, Myers, Toerge, and Unsworth
NOES: None.
ABSTAIN: None.
ABSENT: None.
BY:
Charles Unsworth, Chairman
BY:
Bradley Hillgren, Secretary
Tmpll: 04/14/10
02
Excerpt of Planning Commission Minutes,
Dated July 7, 2011
(PA2011 -061)
•
:FD
NEWPORT BEACH PLANNING COMMISSION MINUTES 07/07/2011
Community Development Director Brandt spoke regarding the limitations of alterations, ref nced
handwritten page 20 of the staff report and suggested Condition No 4 read that "the alters ns to all
commercial structures on the property shall not exceed more than 50 percent of any structural
exterior wall or roof noting that this condition is .. ited to the exterior as proposed
Commissioner` Hawkins recommended that the amendment to Condition No 4 state that "the
alterations to all'tommercial structures on the property shall not exceed more than 30 percent of any
structural exterior all or roof instead of 50 percent as proposed by Cofnmunity Development
Director Brandt. He stated that if his recommendation of a 30 percent limit ,6 the amended Condition
No. 4 is not acceptable kthe maker of the motion then he would not support the motion
Commissioner Kramer stated`tttat the amendment was accepta
Commissioner Toerge expresse his concerns regarding a effectiveness of the estimate on
construction costs, asked how or if ft's recommendatio would change if the construction costs
were to double, how much support sta has done to co rm the estimated numbers, inquired as to
how the construction costs were estim without etasl plans, structural plans and structural
calculations, stated that the numbers do no ake rise, that there is a lack of hard evidence and
stated that he does not believe that the applica n build with the numbers he has proposed.
Assistant Planner Nueno stated that if cons coon sts were to double the only finding it would
change is Fact in Support of Finding E3 w ich states at the cost of correcting the nonconforming
condition would exceed the cost of the her alterations oposed', mentioned that projected costs
were provided by the applicant and r sewed by staff bas n the valuation of projected which can
be verified by the permit system an hat the numbers are based on square footage and occupancy.
Motion made by Commissione ramer and seconded by Comm'ssKMer Hawkins, and failed (3 — 4) to
uphold the decision of the Z ing Administrator and adopt the Resoluti0q for Use Permit No. UP2010-
021 and Modification Pe � No. MD2010 -027.
AYES: Hawkins, Hillgren, and Kramer
NOES: Amen, Myers, Toerge, and Unsworth
ABSENT: None.
ABSTAIN: None.
Chair U99worth staled that appeal rights will terminate 14 days after today and that the d �sion will
stand less it is so appealed. Later in the meeting, at the conclusion of Item No. 4, there was otion
ma by Commissioner Toerge and seconded by Commissioner Hawkins, and passed (5 — 2) to pt
ttw�resolution for the findings of denial for Item No. 3, Whitacre Residence Appeal - (PA2010 -105).
ITEM NO. 4 Nero Property Amendment, 15th Street (PA201 1 -061)
'05 15th Street
The property owner is seeking to continue the existing non - conforming commercial uses of the
subject property by requesting the following amendments 1) General Plan Land Use designation
from Two -Unit Residential (RI) to Mixed -Use Horizontal 4 (MU -H4), 2) Coastal Land Use Plan
designation from Two -Unit Residentai (RT -D) to Mixed -Use Horizontal (MU -H), and 3) Zoning
designation from Twc -Unit Residential (R -2) to the Mixed -Use Cannery Village and 15th Street (MU-
CV /15th ST)- No new land use or development is proposed at this time.
Senior Planner Javier S. Garcia provided a staff report and utilized a PowerPoint presentation
Chair Unsworth called for Ex Parte Communication reports from the Commission.
Page 8 of 15
7_2
NEWPORT BEACH PLANNING COMMISSION MINUTES
Commissioner Toerge reported that he visited the site.
Commissioner Hawkins reported that he visited the site.
Chair Unsworth reported that he visited the site.
Commissioner Myers reported that he visited the site.
Chair Unsworth opened the public hearing.
07/07/2011
Todd Schooler, architect, representing the applicant, submitted documents with pictures and maps
to the Commission and stated that he read the staff report and agrees with its conditions.
George Schroeder, resident. stated that he supports the applicants' request.
Chair Unsworth closed the public hearing.
Motion made by Commissioner Toerge and seconded by Commissioner Hawkins, and carried (7— 0) to
amend General Plan Land Use designation from Two -Unit Residential (RT) to Mixed -Use Horizontal
4 (MU -114), amend Coastal Land Use Plan designation from Two -Unit Residential (RT -D) to Mixed -
Use Horizontal (MU -H), and amend Zoning designation from Two -Unit Residential (R -2) to the
Mixed -Use Cannery Village and 15th Street (MU -CV /15th ST).
AYES
Ameri. Hawkins, Hillgren, Kramer. Myers, Toerge, and Unsworth
NOES,
None.
ABSENT
None.
ABSTAIN
None.
Chair Unsworth stated that the decision will be final unless appealed within 14 days from today.
ITEM NO. 6 Restaurant Conditional Use Permit (PA2011 -062)
111 Palm Street
The applica s seeking a conditional use permit to allow an eating and drinki stablishment with
late hours, an ou or dining patio, a second floor office area and a Ty '47 (On -Sale General)
alcoholic beverage license. Conditional use permit approval is also n ry to reduce the required
parking spaces through the approval of a parking manage m program because the subject
property does not provide on- site.garking.
Assistant Planner Makana Nova presentb" staff repoft and utilized a PowerPoint presentation.
In response to questions from the Corn ion, istanl Planner Nova clarified that the written
comments received from the public w m opposition the members of the public that she spoke
to were in support of the project, t e is no tenant for the c nt application noting that the property
owner would like to reestablis a entitlement for the property i der to lease the property out to a
potential restaurant, the ditions in the proposed resolution would ly to any new tentant going
into the business ever it is subject to an operator's license whi can contain additional
conditions set b e Police Department, the operator's license is granted by Police Department
not the PI ng Commission, mentioned that the Planning Commission can den a application
withou ejudice and that the conditions for the operator's license would not be place fit a new
to t submits plans for the property.
Page 9 of 15
72
General Plan
Consistencv Determination
(PA2011 -061)
ATTACHMENT No. CC 7
7J
GENERAL PLAN LAND USE PLAN CONSISTENCY DETERMINATION:
Goal LU3 of the General Plan states as follows:
A development pattern that retains and complements the City's residential
neighborhoods, commercial and industrial districts, open spaces, and natural
environment.
GENERAL PLAN POLICY
CONSISTENCY ANALYSIS
Policy LU 13 - Opportunities for Change states in
Proposed amendments are consistent with this policy.
part as follows:
The subject site was so re- designated with the adoption of the
Provide opportunities for improved development
General Plan Update. The general purpose was to strengthen
and enhanced environments for residents in the
the viability of commercial uses around the existing commercial
following districts and corridors... Balboa
centers at the signalized intersection. The subject property is
Peninsula: more efficient patterns of use that
located on 151h Street, which has historically and currently
consolidate the Peninsula's visitor - serving and
developed with commercial and mixed -use structures. The
mixed uses within the core commercial districts;
amendment will provide continued use of the ground floor for
encourage marine - related uses especially along
commercial use as currently designed in furtherance of the
the boyfront; integrate residential with retail and
policy. Approval of the amendment will allow the continuation
visitor - serving uses in Lido Marina Village,
of the existing mixed use development that would not be
subject to abatement and therefore avoid the near term result
McFadden Square, Balboa Village, and along
portions of the Harbor frontage; re -use interior
of creating vacant portion of the building on 151h Street. The
parcels in Cannery Village for residential and
presence of vacant storefronts has the opposite effect of
limited mixed -use and live /work buildings; and
revitalization.
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."
75
70
CITY CHARTER SECTION 423 ANALYSIS TABLE
(PA2011 -061)
ATTACHMENT No. CC 8
77
72
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PROOF OF
PUBLICATION
RECEIVED
7011 OCT 13 AM
STATE OF CALIFORNIA) CITY C-
) SS.
COUNTY OF ORANGE )
I am a citizen of the United States
and a resident of the County of Los
Angeles; I am over the age of
eighteen years, and not a party to or
interested in the action for which the
attached notice was published. I am
a principal clerk of the "Newport
Harbor News Press combined with
Daily Pilot ", which was adjudged a
newspaper of general circulation for
the City of Newport Beach, County of
Orange, and State of California.
Attached to this Affidavit is a true and
correct copy that was printed and
published on the following date(s):
September 17, 2011
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on September 26, 2011
at Los Angeles, California
Signature
14OF NEWPORT BEACH
PUBLIC NOTICE
ORDINANCE SUMMARY
NOTICE IS HEREBY
GIVEN that on Septem-
ber 13,-2011, the City
Council of the City of
Jewport Beach, Califor-
Aia, adopted an Ordi-
nance entitled:
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF NEWPORT
BEACH APPROVING A
ZONING CODE
AMENDMENT TO
CHANGE THE ZONING
DESIGNATION OF
PROPERTY LOCATED
AT 105 15TH STREET
(PA2011 -061)
The Ordinance will
change the Zoning Dis-
trict of the subject
property from 1-2
(T..-Unit Resident;.)
to MU -CV /15th ST
of the existing Zoning
Map remaining un-
changed. The change;
however, shall not be-
come effective until.
Coastal Land Use Plan
Amendment No.
LC2011 -003 is approved
by the California
Coastal Commission and
in effect.
The Ordinance will also
change the Land Use
Element of the General
Plan and Coastal Land
Use Plan from Two -Unit
Residential (RT and
RT -D) to the Mixed -Use
Horizontal (MU -H and
MU -H4) land use desig.
nations.
This Ordinance was
adopted by the City
Council of the City of
Newport Beach, Califor-
nia, at a regular meet-
ing thereof on the 13th
day of August, 2011, by
the following vote:
AYES: Hill, Rosansky,
Gardner, Selich, Curry,
Daigle, Mayor Henn
NOES: None
ABSENT:None
ABSTAIN: None
Ordinance No. 2011 -21
shall become final and
effective thirty (30)
days after adoption.
Dated this 14th day ul
September, 2011.
Published Newport I
Costa Mesa Daily
September 17, 2011