HomeMy WebLinkAbout13 - PA2003-213 - 3450 Via Oporto - General Plan & Local Coastal Program Land Use Designation AmendmentsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 13
November 25, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Rosalinh Ung, Associate Planner
(949) 644 -3208
rung@city.newport-beach.ca.us
SUBJECT: 3450 Via Oporto (PA2003 -213)
General Plan Amendment No. 2003 -010
Local Coastal Program Amendment No. 2003 -004, and
Code Amendment No. 2003 -008
Request to amend the General Plan and Local Coastal Program land use
designations from Governmental, Educational, and Institutional Facilities to
Retail & Service Commercial and to change the zoning district classification
from GEIF to RSC.
INITIATED BY: City of Newport Beach
ISSUE:
Should the City Council approve an amendment to the General Plan and Local Coastal
Program land use designations from Governmental, Educational, and Institutional Facilities to
Retail & Service Commercial and to change the zoning d istrict classification from G EIF to
RSC for a property located at 3450 Via Oporto?
RECOMMENDATION:
Staff recommends that the City Council hold a public hearing and approve the request by
adopting Resolution No. 2003- and by introducing Ordinance No. 2003 -_, and pass
the ordinance to second reading on December 9, 2003.
DISCUSSION:
The subject property is located on the northerly side of Via Oporto, east of Central Avenue.
Surrounding land uses include commercial developments to the east and south, the Elks
Lodge to the west, and Newport Bay to the north.
The proposed amendment is to correct a mapping error. The Land Use Element map
designates the property as Governmental, Educational, and Institutional Facilities. However,
the property is currently developed with a commercial use (a restaurant, currently vacant).
3450 Via Oporto
November 25, 2003
Page 2
The property has always had an industrial or commercial zoning classification and was
designated as commercial under the 1957 Master Plan and the 1973 Land Use Plan.
Prior to the 1988 Land Use Element Update when the base map was being prepared, the
Elks Lodge facility and City municipal parking lot were shaded as GEIF. The subject property
was inadvertently shaded as it was mistaken for the Elks Lodge property. The site was
developed with the existing restaurant building at that time and its designation as GEIF was
not appropriate. The most appropriate designation for a restaurant is Retail and Service
Commercial. The error has been carried over onto subsequent maps including the Local
Coastal Plan (LCP) Land Use Plan. A General Plan amendment, LCP amendment, and
zoning reclassification to Retail and Service Commercial are needed to correct the error.
To correct the mapping error, the City Council on October 14, 2003, initiated the amendment
to the General Plan land use designation of the subject property from Governmental,
Educational, and Institutional Facilities to Retail & Service Commercial.
On November 6, 2003, the Planning Commission voted unanimously to recommend the City
Council approve an amendment to the General Plan and Local Coastal Program land use
designations from Governmental, Educational, and Institutional Facilities to Retail & Service
Commercial and to change the zoning district classification from GEIF to RSC.
The attached Planning Commission Staff Report (Attachment E) includes a discussion of the
proposed request.
Should the City Council wish to accept the Planning Commission's recommendation to
approve the proposed zone change and amendments, the Council should adopt the attached
Draft Resolution (Attachment A) and introduce the included Draft Ordinance (Attachment B).
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt
under the requirements of the California Environmental Quality Act under Class 1 (Existing
Facilities).
Public Notice:
Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300
feet of the property and posted at the site a minimum of 10 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:
•— .
.o ap
Submitted by:
.(l 4 a
Patricia L. Temple
Planning Director
3450 Via Oporto
November 25, 2003
Page 3
Attachments: A. Draft City Council Resolution
B. Draft City Council Ordinance
C. Planning Commission Resolution No. 1618
D. Excerpt of the draft minutes from the November 6, 2003, Planning
Commission meeting
E. Planning Commission Staff Report
F. General Plan Land Use Map
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2003 -010
AND LOCAL COASTAL PLAN AMENDMENT NO. 2003 -004, FOR
PROPERTY LOCATED AT 3450 VIA OPORTO (PA2003 -213)
Section 1. An application was initiated by the City of Newport Beach to amend
the General Plan and Local Coastal Program land use designations from Governmental,
Educational, and Institutional Facilities to Retail & Service Commercial for a property
located at 3450 Via Oporto.
Section 2. A public hearing was held by the Planning Commission on November
6, 2003, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California. A notice of time, place and purpose of the aforesaid meeting was given in
accordance with the Municipal Code. Evidence, both written and oral, was presented to
and considered by the Planning Commission. At the conclusion of said hearing, the
Planning Commission adopted Resolution No. 1618, recommends that the City Council
approve General Plan Amendment No. 2003 -010 and Local Coastal Plan Amendment
No. 2003 -004.
Section 3. A public hearing was held by the City Council on November 25, 2003
in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of the aforesaid meeting was given in accordance with
the Municipal Code. Evidence, both written and oral, was presented to and considered by
the City Council.
Section 4. The City Council finds as follows:
1. The subject property was designated for commercial uses with the 1953 Master
Plan and 1973 General Plan. During the adoption of the 1988 Land Use Element
map, the subject property was designated Governmental, Educational, and
Institutional Facilities in error.
2. The property was developed with commercial use (a restaurant) when it was
designated Governmental, Educational, and Institutional Facilities. The change
from commercial designation to Governmental, Educational, and Institutional
Facilities was an inadvertent mapping error. The City had no intention to change
the designation to GEIF when the site was developed for commercial uses. The
most appropriate designation for the subject property is Retail & Service
Commercial to accommodate the continued commercial use of the property.
3. The Local Coastal Plan Amendment will not become effective until approval of
the Amendment by the Coastal Commission.
City Council Resolution No._
Page 2 of 2
unless the Coastal Commission proposes suggested modifications. In the event
that the Coastal Commission proposes revisions, this Land Use Plan amendment
shall not take effect until the City Council adopts the Commission modifications
and all the requirements of Section 13544 of the California Code of Regulations
are met.
5. The proposed amendments have been determined to be Categorically Exempt
under the Class 1 (Existing Facilities) requirements of the California
Environmental Quality Act (CEQA).
Section 5. Based on the aforementioned findings, the City Council hereby
approves General Plan Amendment No. 2003 -010 and Local Coastal Plan Amendment
No. 2003 -004 as depicted in Attachment "1 ".
This resolution shall take effect immediately upon adoption. Passed and adopted by the
City Council of Newport Beach at a regular meeting held on the 25th day of
November, 2003 by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
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ORDINANCE NO. 2003_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING CODE AMENDMENT
NO. 2003 -008 CHANGING THE ZONING DESIGNATION
OF PROPERTY IDENTIFIED AS 3450 VIA OPORTO FROM
GOVERNMENTAL, EDUCATIONAL, AND INSTITUTIONAL
FACILITIES TO RETAIL AND SERVICE COMMERCIAL
(PA2003 -213)
Section 1. An application was initiated by the City of Newport Beach on
October 14, 2003, proposing to change the zoning district designation from
Governmental, Educational, and Institutional Facilities to Retail & Service Commercial.
Section 2. A public hearing was held by the Planning Commission on November
6, 2003, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California. A notice of time, place and purpose of the aforesaid meeting was given in
accordance with the Municipal Code. Evidence, both written and oral, was presented to
and considered by the Planning Commission at this meeting. At the conclusion of this
meeting, the Planning Commission adopted Resolution No. 1618, recommending that the
City Council approve the proposed amendment to the zoning district map.
Section 3. The City Council held a public hearing on November 25, 2003 in
the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of the aforesaid meeting was given in accordance
with the Municipal Code. Evidence, both written and oral, was presented to and
considered by the City Council at this meeting.
Section 4. The subject property was designated for commercial uses with the
1953 Master Plan and 1973 General Plan. During the adoption of the 1988 Land Use
Element map, the subject property was designated Governmental, Educational, and
Institutional Facilities in error. The proposed amendment will be consistent with the
General Plan and Local Coastal Plan land use designation of Retail & Service
Commercial.
Section 5. The proposed request has been determined to be Categorically
Exempt under the Class 1 (Existing Facilities) requirements of the California
Environmental Quality Act (CEQA).
Section 6: The City Council of the City of Newport Beach does hereby approve
Code Amendment No. 2003 -008 as depicted in Attachment " 1 ".
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. This Ordinance shall be published once in the official newspaper of the
City, and the same shall become effective thirty (30) days after the date of its adoption.
Ordinance No. 2003 -
Page 2 of 2
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the _ day of 2003, and adopted on the _ day
of 2003, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
Pui:4Ze77
ATTEST:
CITY CLERK
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Attachment No. 1
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Ordinance No.
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Portion of Districting Map No. 4
RESOLUTION NO. 1618 DRAB
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING THE
CITY COUNCIL APPROVE GENERAL PLAN
AMENDMENT NO. 2003 -010, LOCAL COASTAL PLAN
AMENDMENT NO. 2003 -004, AND CODE AMENDMENT
NO. 2003 -008 (PA2003 -213), FOR PROPERTY
IDENTIFIED AS 3450 VIA OPORTO, ASSESSOR PARCEL
NO. 423-123-03
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The property located at 3450 Via Oporto was designated
Governmental, Educational, and Institutional Facilities with the adoption of the 1988 Land
Use Element Map. This designation was also applied to the lot with the adoption of the
Local Coastal Program Land Use Plan, which was certified by the Coastal Commission in
1990. Amendments to the General Plan and Local Coastal Plan land use designations
from Governmental, Educational, and Institutional Facilities to Retail & Service
Commercial and a zone change from GEIF to RSC are proposed.
Section 2. On September 18, 2003, the Planning Commission recommended
the initiation of a General Plan amendment to change the land use designation of
property located at 3450 Via Oporto from Governmental, Educational, and Institutional
Facilities to Retail and Service Commercial (GPI 2003 -007) to the City Council, and
initiated an amended to Title 20 of the Newport Beach Municipal Code to change the
zoning classification from GEIF District to the RSC District.
Section 3. October 14, 2003, the City Council initiated General Plan
amendment to change the land use designation of property located at 3450 Via Oporto
from Governmental, Educational, and Institutional Facilities to Retail and Service
Commercial (GPI 2003 -007), and initiated an amended to Title 20 of the Newport Beach
Municipal Code to change the zoning classification from GEIF District to the RSC
District.
Section 4. A public hearing was held on November 6, 2003, in the City Hall
Council Chamber, 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the aforesaid meeting was given in accordance with the Municipal
Code. Evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting.
13
City of Newport Beach
Planning Commission Resolution No. _
. Page 2 of 2
Section S. The Planning Commission finds as follows:
1. The subject property was designated for commercial uses with the 1953 Master
Plan and 1973 General Plan. During the adoption of the 1988 Land Use Element
map, the subject property was designated GEIF in error.
2. The property was developed with commercial use (a restaurant) when it was
designated Governmental, Educational, and Institutional Facilities. The change
from commercial designation to Governmental, Educational, and Institutional
Facilities was an inadvertent mapping error. The City has no intention to change
the designation to GEIF when the site was developed for commercial uses. The
most appropriate designation for the subject property is Retail & Service
Commercial to accommodate the continued commercial use of the property.
3. The proposed RSC zoning designation will be consistent with the proposed
General Plan and Local Coastal Plan land use designation of Retail Service
Commercial and will allow the subject property to be developed with proper
commercial related uses.
4. The Local Coastal Plan Amendment will not become effective until approval of
the Amendment by the Coastal Commission.
5. The proposed amendments have been determined to be Categorically Exempt
under the Class 1 (Existing Facilities) requirements of the California
Environmental Quality Act (CEQA).
Section 6. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council approve General Plan Amendment No.
2003 -010, Local Coastal Plan Amendment No. 2003 -004, and Code Amendment No.
2003 -008 (PA- 2003 -213).
PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF NOVEMBER 2003.
AYES: Eaton, Cole, Toerge, McDaniel
Selich, Kiser and Tucker
NOES: None
11:371
Earl McDaniel, Chairman
BY:
Michael Toerge, Secretary
Planning Commission Minutes 11/06/2003
,k.=11Cldl r1d11 d11U LULidl I..UdbLdl rlUl�l dill LU 1:11CIIL�C LIIC II ILCIIJIIy IIIIIIL IUI
'707 East- k�plboa Boulevard from a floor area ratio to one based on the
'number of seats and a Code Amendment to Title 20 of the Municipal,
Code to add a specific, eight limitation for landmark buildings.
Continue to November 20, 2003,.,
'Motion was made by Commissioner TuckBr, nd voted on, to approve �!
the Consent Calendar by the following vote_ _
Ayes:: Eaton, Cole, Toerge, McDaniel, Kiser lic�and Tucker
Noes: None
Absent:! None
Abstain:. None \'
HEARING ITEMS
SUBJECT: 3450 Via Oporto (PA2003 -213)
Initiated by the City of Newport Beach
Amend the General Plan and Local Coastal Program land use
designations from Governmental, Educational, and Institutional Facilities
.to Retail and Service Commercial and to change the zoning district
classification from Governmental, Educational, and Institutional Facilities
,(GEIF) to Retail Service Commercial (RSC).
Commissioner Toerge noted the following in the resolution:
• Section 5 - the first sentence should include a reference to 1988
and the inadvertent designation so that it appears as mistake.
• Wording changes were made to clarify the intent of the resolution.
Commissioner Cole asked if this location was ever considered for an
expansion opportunity by the Elks Lodge. He was answered, no.
Public comment was opened.
'Public comment was closed.
Motion was made by Commissioner Kiser to recommend approval of
General Plan Amendment No. 2003 -010, Local Coastal Program
Amendment NO. 2003 -004, and Code Amendment No. 2003 -008 to the'
City Council.
Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Tucker
None
None
None
Page 2
ITEM NO.3
PA2003 -213
Recommended
for Approval
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
November 6, 2003
TO: PLANNING COMMISSION
FROM: Planning Department
Rosalinh Ung, Associate Planner
(949) 644 -3208
rung @city.newport- beach.ca.us
SUBJECT: 3450 Via Oporto (PA2003 -213)
General Plan Amendment No. 2003 -010
Local Coastal Program Amendment No. 2003 -004, and
Code Amendment No. 2003 -008
INITIATED BY: City of Newport Beach
ISSUE:
Should the Planning Commission recommend the City Council approve an amendment to
the General Plan and Local Coastal Program land use designations from Governmental,
Educational, and Institutional Facilities to Retail & Service Commercial and to change the
zoning district classification from GEIF to RSC for a property located at 3450 Via Oporto?
RECOMMENDATION:
Staff recommends that the Planning Commission take the following action
1. Recommend approval of the request to the City Council by adopting the attached
draft resolution.
54
55
SI
58
62 61
61 64 66
67
60
GPA2003-010 & CA2003-008
November 6, 2003
Page 2
VICINITY MAP
3700
Closed restaurant formerly occupied by the Newport Fish Co.
R I 6Z 3 626
West Lido Channel of Newport Bay
To the -east-
619
To the south:
Commercial Developments
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General Plan Amendment No. 2003-010, Local Coastal Plan Amendment
No. 2003-004, & Code Amendment No. 2003-008
Sr
Current
Development:
Closed restaurant formerly occupied by the Newport Fish Co.
To the north:
West Lido Channel of Newport Bay
To the -east-
--Commercial Developments
To the south:
Commercial Developments
To the west:
The Elks Lodge
H
GPA2003 -010 & CA2003 -008
November 6, 2003
Page 3
DISCUSSION:
Background:
During the adoption of the 1988 Land Use Element map, the subject property was
designated GEIF in error. The property has always had an industrial or commercial
zoning classification and was designated as commercial under the 1957 Master Plan
and the 1973 Land Use Plan. The property is currently developed with a commercial
use (restaurant), which has been vacant for over a year.
Site Overview
The subject property is located on the northerly side of Via Oporto, east of Central
Avenue. Surrounding land uses include commercial developments to the east and
south, the Elks Lodge to the west, and the Turning Basin (West Lido Channel) to the
north.
Analysis:
General Plan and Local Coastal Program Amendments
The proposed amendments are to correct what staff believes to be a mapping error.
The Land Use Map designates the property as Governmental, Educational, and
Institutional Facilities. When the base map was being prepared prior to the 1988 Land
Use Element Update, staff shaded the map of the adjacent Elks Lodge facility and City
municipal parking lot as GEIF. However, the subject lot was also shaded inadvertently
as it was mistaken for the Elks Lodge property. The site was developed with the
existing restaurant building at that time and its designation as GEIF was not
appropriate. The most appropriate designation for a restaurant is Retail and Service
Commercial. The error has been carried over onto subsequent maps including the
Local Coastal Plan (LCP) Land Use Plan. A General Plan amendment, LCP
amendment, and zoning reclassification to Retail and Service Commercial are needed
to correct the error.
Zoning Code Amendment
In addition to the General Plan and Local Coastal Program amendments, a Code
Amendment to change the zoning designation of the subject property from
Governmental, Educational, and Institutional Facilities (GEIF) to Retail & Service
Commercial (RSC) is also needed.
The proposed RSC zoning designation is consistent with the proposed General Plan and
LCP Retail Service Commercial land use designation and will allow the subject property to
be developed and used for its intended use within the most appropriate zoning
classification.
GPA2003 -010 & CA2003 -008
November 6, 2003
Page 4
Measure S Analysis (Greenlight)
The proposed Amendment does not change the intensity of Land Use. The site is not
presently subjected to a floor area ratio limit and with approval of the amendment, the
0.5 FAR limit of the General Plan Land Use Element will apply to the site.
Environmental Review:
This project has been reviewed, and it has been determined that it is categorically exempt
under the requirements of the Calffomia Environmental Quality Act under Class 1 (Existing
Facilities).
Public Notice:
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 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.
C.-n--fusion:
The proposed amendment and zone change are appropriate for the subject property to
Gorier.: the mapping error. Staff iias inciuded a draft Planning Commission Resolution
as Attachment A.
Prepared by:
salinh Ung, AssoS ite Planner
T
Attachments:
A. Resolution No. _
B. Land Use Map
Submitted by:
Patricia L. Temple, Planning Director
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