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HomeMy WebLinkAbout16 - Presta Property AmendmentsAgenda Item No. 16 February 14, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Makana Nova, Assistant Planner APPROVED: �1 TITLE: Presta Property Amendments (PA2011 -179) 2888 & 2890 Bay Shore Drive • General Plan Amendment No. GP2011 -008 • Local Coastal Plan Amendment No. LC2011 -004 • Code Amendment No. CA2011 -011 ABSTRACT: Amendments to the General Plan, Coastal Land Use Plan, and Zoning Map to change the land use designations of the two subject properties. The northern parcel will change from multi -unit residential (RM) to mixed -use water related (MU -W) consistent with the existing mixed -use development. The southern parcel will remain designated for multi -unit residential development, but the density requirement will be changed to reflect the existing 39 -unit development. The subject application does not include a specific project for development at this time. The proposed land use designation changes would allow for the retention of the existing development and allow for future development in accordance with the parking and development standards of the proposed MU -W2 and RM zoning districts. RECOMMENDATION: 1. Conduct a public hearing; and 2. Adopt Resolution No. 2012 -18 (Attachment No. CC 1) approving General Plan Amendment No. UP2011 -008 and Coastal Land Use Plan Amendment No. LC2011 -004. 3. Introduce Ordinance No. 2012 -9 (Attachment No. CC 2) approving Code Amendment No. CA2011 -011, and pass to second reading on February 28, 2012. 2 Presta Property Amendments February 14, 2012 Page 2 VICINITY MAP t � }� S O I W C n CC-11 ill" E e_ l / 2890 BAY SHORE DRIVE GOAST nwvw Presta Property- Mixed -Use sacs- aEr+oa m e 2888 BAY SHORE DRIVE Presta Property - Residential s r %.V n, Da O P f V mot. 4� DESIGNATIONS: CURRENT to PROPOSED LOCATION: GENERAL PLAN: COASTAL LAND USE PLAN: ZONING: 2688 Bay Shore Drive RM (20 dulac) to to RM -D RM (2178) to RM (39 du) RM RM (39 du) 2890 Bay Shore Drive RM (20 dulac) to MU -W2 (1 du) RM -C to MU-W RM (2178) to MU -W2 (1 du) SURROUNDING USES: CG (General Commercial) CM -A (Recreational and Marine CG (Commercial General) and CM (Recreational and Commercial) and PC -37 (Castaway's North Marine Commercial) Marina Planned Community) RS -D RSD -B West and South (Single -Unit Residential (Single -Unit Residential R -1 Detached) Detached) (Single -Unit Residential) East Newport Harbor Newport Harbor Newport Harbor 4 Presta Property Amendments February 14, 2012 Page 3 FUNDING REQUIREMENTS: There is no fiscal impact related to this item. INTRODUCTION: Project Setting The properties are located on the inland side of Newport Harbor at the southeast corner of the intersection of West Coast Highway and Bay Shore Drive. Both parcels are designated by the Land Use Element of the General Plan, Coastal Land Use Plan, and the Zoning Code for multiple -unit residential use. Both properties are accessible from West Coast Highway via Bay Shores Drive, a private street. The southern subject parcel at 2888 Bay Shore Drive is approximately 1.55 acres in area and is currently developed with the Bay Shore Apartments consisting of 39 dwelling units. The northern subject parcel at 2890 Bay Shore Drive is approximately 0.46 acres in area. The parcel is developed with carports and surface parking to accommodate the adjacent Bay Shore Apartments, a storage unit facility, and a mixed -use building consisting of a leasing office for Bay Shore Apartments and Swales Anchorage Marina, a marine surveyor's office, and a caretaker's unit on the second floor. Due to the commercial uses on the property, the property is nonconforming with the General Plan, Coastal Land Use Plan and the Zoning Code designations. The properties to the west and south are developed with a 528 -lot, single - family residential tract known as the Bay Shores Community. The properties to the north, across West Coast Highway, are currently vacant and undeveloped. A retail shopping center, Mariner's Pointe, is planned at 200 West Coast Highway located at the northwest corner of West Coast Highway and Dover Drive. Newport Harbor is to the east and adjacent to the subject properties. Background On May 21, 1959, the Newport Beach Planning Commission approved Ordinance No. 635 approving Use Permit No. UP518 and Variance No. VA535 for the development of 39 dwelling units with an accessory building, office, and carports at 2888 Bay Shore Drive (Attachment No. PC 3). On July 15, 1959, building permits were issued that authorized the construction of a mixed -use building consisting of an accessory office, apartment, and carports located at 2890 Bay Shore Drive. At that time, the property was in the U (Unclassified) Zoning District. -5- Presta Property Amendments February 14, 2012 Page 4 On January 15, 1960, building permits were issued that authorized the construction of 38 dwelling units, carports, laundry, storage, and a semi - public swimming pool for the apartment complex at 2888 Bay Shore Drive. On August 14, 1961, Ordinance No. 969 was adopted by the City Council to change the land use designation of the subject properties from U (Unclassified) to the R -3 (Restricted Multiple Family Residential) Zoning District. On May 29, 1990, the City Council adopted Ordinance No. 90 -24, changing the land use of the subject properties from Restricted Multiple Family Residential (R -3) to Multiple - Family Residential (MFR, 2178). On June 30, 1995, Resubdivision No. 1007, which identifies the subject properties as Parcel 1 and 2 of Parcel Map No. 94 -115, was recorded (Attachment No. PC 4). 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. Upon the effective date of the Comprehensive Update to the Zoning Code, Ordinance no. 2008 -005 became effective. As a result of that action, existing nonconforming commercial uses located within residential districts became subject to abatement in accordance with Ordinance No. 2008- 05. The City has sent letters to all known uses that are subject to abatement pursuant to Ordinance No. 2008 -05. Staff has met with and continues to meet with many of the owners of the properties that are subject to abatement. In the case of the subject application, the owner chose to pursue amendments to change the land use designations of their properties. The application does not include a plan for development at this time. 6 Presta Property Amendments February 14, 2012 Page 5 Project Description The following amendments are requested for the two properties: 2888 Bay Shore Drive (Bay Shores Apartments) The southern parcel, would remain designated for multiple -unit residential development, but the allowed density would be changed to reflect the existing 39 unit apartment complex. The following amendments are requested: 1) General Plan Land Use designation from Multiple -Unit Residential (RM, 20 du /ac) to Multiple -Unit Residential (RM, 39 du), 2) Coastal Land Use Plan designation from Multiple -Unit Residential (RM -C) to Multiple -Unit Residential (RM -D), and 3) Zoning designation from Multi -Unit Residential (RM, 2178) to the Multi -Unit Residential (RM, 39 du). 2890 Bay Shore Drive The northern parcel would change from Multiple -Unit Residential to Mixed -Use Water Related to maintain the existing mixed -use development. The following amendments are requested: 1) General Plan Land Use designation from Multiple -Unit Residential (RM, 20 du /ac) to Mixed -Use Water Related (MU -W2, 1 du), 2) Coastal Land Use Plan designation from Multiple -Unit Residential (RM -C) to Mixed - Use Water Related (MU -W), and 3) Zoning designation from Multi -Unit Residential (RM, 2178) to the Mixed -Use Water Related (MU -W2, 1 du). Planning Commission Action The Planning Commission held a public hearing on December 8, 2011. No members of the public other than the project applicant commented on the proposed project. Several Commissioners questioned the density and building floor area that would result from the reallocation of dwelling units across the two properties. Staff explained that the amendments would reflect the existing development and that the land use amendments would not change the existing development standards related to height and building floor area for multi -unit residential development. The only potential change might relate to the relocation of all of the required parking on the 2888 Bay Shore Drive property, as '7 Presta Property Amendments February 14, 2012 Page 6 some of the required parking is currently located on the 2890 Bay Shore Drive property. In addition, staff clarified that the only increase in intensity would occur at 2890 Bay Shore Drive, where the amendments would allocate 10,019 square feet of additional commercial floor area to the property under the proposed Mixed -Use Water Related (MU -W2, 1 du) designation. The Planning Commission determined the proposed amendments were acceptable and voted unanimously (6 ayes and 0 noes) to recommend approval to the City Council. The staff report, resolution, and draft minutes from the Planning Commission meeting have been attached for reference as Attachment Nos. CC 3, 4, and 5. DISCUSSION 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 areas. General Plan The applicant requests to amend the General Plan to change the northerly parcel, 2890 Bayshore Drive, from a Multiple -Unit Residential (RM) to a Mixed -Use Water Related (MU -W2) land use designation. The MU -W2 designation is applied to waterfront locations in which marine - related uses may be intermixed with buildings that provide residential on the upper floors. Free - standing residential is not permitted. The applicant requests to amend the General Plan density for the southerly parcel, 2888 Bay Shore Drive, to reflect the existing development and maintain the existing multiple -unit residential land use designation. The RM designation is intended for primarily multiple -unit residential development containing attached or detached dwelling units. Consistency with the policies of the General Plan (Policies LU 5.6.1 - Compatible Development, LU 6.2.1- Residential Supply, LU 3.3 - Opportunities for Change, and LU 3.5 Coastal- Dependent and Related Businesses) were evaluated in the Planning Commission Staff Report (Attachment No. CC 3). Coastal Land Use Plan The properties are located in the coastal zone and therefore, are subject to the applicable goals, objectives, and policies, of the Coastal Land Use plan. The subject I Presta Property Amendments February 14, 2012 Page 7 properties do not contain any sensitive coastal resources as they are presently improved with multiple -unit residential and mixed -use commercial buildings. The properties are not located where public access easements would be required. In the Coastal Land Use plan, visitor - serving uses are considered higher priority land uses than residential uses. The continuation of mixed -use and future redevelopment on the subject property as permitted in the MU -W2, 1 du and RM, 39 du designations will not conflict with the policies of the Coastal Land Use Plan. Zoning Code 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 designation and Zoning is critical to ensure orderly development and enforcement. The main purpose of the requested amendment is to maintain the existing mixed -use and multi - family residential developments as were originally approved on May 21, 1959, under Use Permit No. UP518 and Variance No. VA535 for the construction of 39 dwelling units. 2888 Bay Shore Drive The RM zoning district is intended to provide for areas appropriate for multi -unit residential developments containing attached or detached dwelling units. Existing residential development at the southerly parcel, 2888 Bay Shore Drive, would conform to the standards of the current Multi -Unit Residential (RM) zoning district. Under the existing RM -2178 designation, 2888 Bay Shore Drive can be developed with a maximum of 31 residential dwelling units. If amended to the Multi -Unit Residential (RM 39) zoning district, 2888 Bay Shore Drive could be developed with up to 39 dwelling units, which is consistent with the existing development. 2890 Bay Shore Drive The MU -W2 zoning district applies to waterfront properties in which marine - related uses may be intermixed with general commercial, visitor serving commercial, and residential dwelling units on the upper floors. The MU -W2 zoning district has a commercial floor area ratio (FAR) of 0.35 to 0.5 and residential density of one unit for every 1,631 to 2,167 square feet of land area (density of 20.1 -26.7 units per acre), and residential intensity of 0.75 FAR. The residential intensity for the northerly parcel at 2890 Bay Shore Drive would be further limited to one (1) dwelling unit to reflect the existing development. The existing mixed -use development would conform to the standards of the proposed Mixed -Use Water Related (MU -W2) zoning district with the exception of the minimum commercial FAR, which is nonconforming because the existing commercial development is well below the minimum 0.35 FAR requirement. The continued commercial uses would be allowed without abatement. Future development would I Presta Property Amendments February 14, 2012 Page 8 require conformance with applicable development and parking standards. Under the existing RM designation, 2890 Bay Shore Drive could be developed with a maximum of nine (9) residential dwelling units. The main purpose of the requested amendment is to maintain the existing mixed -use development as was originally approved on July 15, 1959. The existing dwelling unit development limit would be reallocated to the adjacent parcel at 2888 Bay Shore Drive as part of the subject amendments. Charter Section 423 (Measure S) Analysis Pursuant to 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 these thresholds are exceeded and the City Council approves the requested General Plan Amendment, the amendment 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. As shown in Table 1 on the following page, this is the third General Plan Amendment that affects Statistical Area H4 since the General plan update in 2006. There is no change in the number of dwelling units but the amendment results in 10,019 additional square feet of non - residential floor area. The additional floor area results in an increase of 30.1 a.m. peak hour trips and an increase of 40.1 p.m. peak hour trips based on the commercial and residential housing trip rates reflected in Council Policy A -18. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required. If the proposed General Plan amendment is approved by City Council, this amendment will become a prior amendment and 80 percent of the increases will be tracked for 10 years. /O Presta Property Amendments February 14, 2012 Page 9 Table 1: Charter Section 423. Analysis. Summary Statistical Area H4 Increase in Allowed Increase in A.M. Increase in P.M. Increase in Floor Area Peak Hour Trips Peak Hour Trips Allowed Dwelling Units Prior Amendments (80 %) GP2010 -004 0 sq. ft. 0 0 0 (PA2010 -052) GP2010 -009 2,710 sq ft 8.14 10.84 0 PA2010 -114 Proposed GP2011 -008 0 sq. ft. 4.1 5.0 8 3888 Bay Shore Dr. Proposed GP2011 -008 10,019 sq. ft. 26.0 35.1 -8 3890 Bay Shore Dr. TOTALS 12,729 sq. ft. 38.24 50.94 0 Section 423 40,000 sq. ft. 100 100 100 Thresholds SB18 Tribal Consultation Guidelines Pursuant to Section 65352.3 of the California Government Code, a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC) each time a local government considers a proposal to adopt or amend the General Plan. The appropriate tribe contacts supplied by the NAHC were provided notice on October 27, 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 January 25, 2010 and no requests for consultation were received. Summary The applicant has requested the amendments to allow retention of the existing mixed - use building and multiple -unit residential development. The buildings were constructed in 1960 and authorized by Use Permit No. UP518 and Variance No. VA535 that were approved on May 21, 1959 by the Planning Commission. The uses have been in existence for nearly 52 years and abatement at this time seems contrary to the General Plan Policies. The Planning Commission determined that continuation of these uses and future development consistent with the MU -W2 and RM designations do not conflict with the General Plan, 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 -W2, 1 du and RM, 39 du designations would not necessitate a vote of the electorate per Section 423 of the City Charter. Presta Property Amendments February 14, 2012 Page 10 4ZAIUST,I ,1 :4zr 1W.44 AT3 Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. If denied, projects which a public agency rejects or disapproves are not subject to the California Environmental Quality Act ( "CEQA ") review, pursuant to Section 15270 of the CEQA Guidelines. 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 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. Submitted by: Kimberly Brandt, C Director Attachments: CC 1 Draft City Council Resolution for Approval CC 2 Draft City Council Ordinance CC 3 Planning Commission Staff Report CC 4 Planning Commission Resolution CC 5 Planning Commission Minutes CC 6 Section 423 Analysis Table CC 7 Parcel Map No. 94 -115 CC 8 Map 3 -1 of the Local Coastal Program, Coastal Land Use Plan CC 9 Site Photos 1z Cody Counc H Attachment No. CCU I Draft City Council Resolution for Approval 13 14 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. GP2011 -008 AND COASTAL LAND USE PLAN AMENDMENT NO. LC2011 -004 FOR PROPERTY LOCATED AT 2888 AND 2890 BAY SHORE DRIVE (PA2011- 179) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by property owner Ron E. Presta of Palmo Investments GP, with respect to the subject property located at 2888 and 2890 Bay Shore Drive, requesting approval of amendments to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use. 2. The requested change of the General Plan designation of 2888 Bay Shore Drive is from Multiple -Unit Residential (RM, 20 du /ac) to Multiple -Unit ,Residential (RM, 39 du). The requested change to the Coastal Land Use Plan designation is from Multiple -Unit Residential (RM -C) to Multiple -Unit Residential (RM -D). The requested change of the Zoning District designation is from Multi -Unit Residential (RM, 2178) to Multi -Unit Residential (RM, 39 du). 3. The requested change of the General Plan designation of 2890 Bay Shore Drive is from Multiple -Unit Residential (RM, 20 du /ac) to Mixed -Use Water Related (MU -W2, 1 du). The requested change to the Coastal Land Use Plan is from Multiple -Unit Residential (RM -C) to Mixed -Use Water Related (MU -W). The requested change of the Zoning District designation is from Multi -Unit Residential (RM, 2178) to Mixed -Use Water Related (MU -W2, 1 du). 4. On May 21, 1959, the Newport Beach Planning Commission approved Ordinance No. 635 approving Use Permit No. UP518 and Variance No. VA535 for the development of 39 dwelling units with an accessory building, office, and carports at 2888 Bay Shore Drive. 5. On July 15, 1959, building permits were issued that authorized the construction of a mixed -use building consisting of an accessory office, apartment, and carports located at 2890 Bay Shore Drive. At that time, the property was in the U (Unclassified) Zoning District. 6. On August 14, 1961, Ordinance No. 969 was adopted by the City Council to change the land use designation of the subject properties from U (Unclassified) to the R -3 (Restricted Multiple Family Residential) Zoning District. 1.5 City Council Resolution No. _ Page 2 of 5 7. On May 29, 1990, the City Council adopted Ordinance No. 90 -24, changing the land use of the subject properties from Restricted Multiple - Family Residential (R -3) to Multiple - Family Residential (MFR, 2178). 8. On June 30, 1995, Resubdivision No. 1007, which identifies the subject properties as Parcel 1 and 2 of Parcel Map No. 94 -115, was recorded. 9. 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 "). 10. 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. 11. 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. 12. 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 multiple residential zoning designations of the subject properties were changed from Multiple - Family Residential (MFR, 2178) to Multi -Unit Residential (RM, 2178). Upon the effective date of the Comprehensive Update to the Zoning Code, Ordinance No. 2008 -005 became effective. As a result of that action, existing nonconforming commercial uses located within residential districts became subject to abatement in accordance with Ordinance No. 2008 -05. 13. 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 October 27, 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 January 25, 2012. No requests for consultation were received. 14. A public hearing was held on December 8, 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 (6 ayes and 0 noes) to adopt Planning Commission Resolution No. 1864 recommending City Council adoption of the General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment. Tmplt: 03108/11 10 City Council Resolution No. _ Pace 3 of 5 15. A public hearing was held on February 14, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 - Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The proposed amendments are exempt since they do not entail alteration to the subject property and are essentially making the General Plan Land Use designation, Coastal Land use designation, and Zoning District consistent with the existing use of the buildings located on the subject property involved. 2. The City's action to amend the Coastal Land Use Plan 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, 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 related (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, attorney's 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 proceedings. Tmplt: 03/08/11 27 City Council Resolution No. _ Page 4 of 5 SECTION 3. FINDINGS. 1. The amendments of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed Zoning Code amendment and are necessary to implement the property owner's request. 2. 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 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. 3. This is the third General Plan Amendment that affects Statistical Area H4 since the General Plan update in 2006. There is no change in the number of dwelling units and the amendment results in 10,019 additional square feet of non - residential floor area. The additional floor area results in an increase of 30.1 a.m. peak hour trips and an increase 40.1 p.m. peak hour trips based on the commercial and residential housing trip rates reflected in Council Policy A -18. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required. 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 RM and MU -W2 zoning districts of the Newport Beach Municipal Code. SECTION 4. DECISION. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: 1. 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. The City Council of the City of Newport Beach hereby approves General Plan Amendment Permit No. GP2011 -008 as depicted in Exhibit "A" and Local Coastal Program Amendment No. LC2011 -004 as depicted in Exhibit "B ", which is attached hereto and incorporated by reference. 3. The City Council of the City of Newport Beach hereby authorizes submittal of the Local Coastal Program CLUP Amendment to the California Coastal Commission for review and approval. 4. This resolution shall not become effective until the effective date of the California Coastal Commission approval. Tmplt: 03108/11 M City Council Resolution No. _ Paqe 5 of 5 Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 14th of February, 2012. MAYOR ATTEST: CITY CLERK Tmplt: 03/08/11 19 Exhibit A- 2888 and 2890 Bay Shore Drive GP2010 -013 (PA2010 -179) ON �� IOWA WHO ...ii% loin �i►� Existing Land Use: Multiple -Unit Residential (RM 20 DU /AC) Proposed Land Use: .; Mixed - Use -Water (MU -W2, 1 DU) Existing Land Use: - ■ ■t Multiple-Unit Residential ( RM 20 DU /AC ) Proposed Land Use: Multiple -Unit Residential (RM 39 DU) 4' jfF - N 22 Exhibit B- 2888 and 2890 Bay Shore Drive LC2010 -003 (PA2010 -179) a3 24 E Z4* tW * NleT CONT HNY I N ,,p wPO* i r LC2011- 004.mxd December /2011 i W �6T LC2011 -004 (PA2011 -179) Coastal Land Use Plan Amendment 2888 & 2890 Bay Shore Drive 0 250 500 i Feet e a' 20 City Council Attachment N ®o CC 2 Draft City Council Ordinance 22 ORDINANCE NO. _ Page 1 ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING ZONING CODE AMENDMENT NO. CA2011 -011 FOR PROPERTIES LOCATED AT 2888 AND 2890 BAY SHORE DRIVE (PA2011 -179). WHEREAS, an application was filed by property owner Ron E. Presta of Palmo Investments GP, with respect to the subject property located at 2888 and 2890 Bay Shore Drive, requesting approval of amendments to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use; and WHEREAS, the requested change of the Zoning District designation of 2888 Bay Shore Drive is from Multi -Unit Residential (RM, 2178) to Multi -Unit Residential (RM, 39 du). The requested change of the Zoning District designation of 2890 Bay Shore Drive is from Multi -Unit Residential (RM, 2178) to Mixed -Use Water Related (MU -W2, 1 du); and WHEREAS, the subject property is located within the coastal zone. If approved, 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. 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 properties. WHERAS, the existing buildings and uses, and future development of the subject properties 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 RM and MU -W2 zoning districts of the Newport Beach Municipal Code; and WHEREAS, a public hearing was held on December 8, 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 (6 ayes and 0 noes) to adopt Planning Commission Resolution No. 1864 recommending City Council adoption of the General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment; and WHEREAS, a public hearing was held on February 14, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting; and 2°n ORDINANCE NO. Page 2 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. 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 from RM -2178 to RM, 39 du for 2888 Bay Shore and from RM -2178 to MU -W2, 1 du for 2890 Bay Shore Drive as provided in Exhibit "A ", with all other provisions of the existing Zoning Map remaining unchanged. Zoning Code Amendment No. CA2011 -011 shall not become effective until the effective date of approval by the California Coastal Commission of the amendment to the Coastal Land Use Plan. SECTION 2: Code amendments are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. The amendment of the Zoning Code will provide consistency with the proposed General Plan and Coastal Land Use Plan amendments and is necessary to implement the property owner's request. SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. 30 ORDINANCE NO. Page 3 SECTION 4: This project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 - Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. No physical change or expansion of the existing use is proposed. Therefore, the use qualifies for a categorical exemption under Class 1. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become final and effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on December 14, 2012, and adopted on February 28, 2012, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM ::^ / I'V CITY ATTORNEY INI It 31 ORDINANCE NO. Page 4 Exhibit "A" ZONING CODE AMENDMENT 0w1 0 37— a :a OE: INGS R0 CA2011 -011.mxd December /2011 COASTNWV W BAY SNORE DR R a a e 0 0 A PC 43 V CA2011 -011 (PA2011 -179) Zoning Code Amendment 2888 & 2890 Bay Shore Drive 0 200 400 mmmmmmn==:= Feet e S4 City Council Attachment No. CC 3 Planning Commission Staff Report Wd CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 8, 2011 Hearing Agenda Item 4 SUBJECT: Presta Property Amendments (PA2011 -179) 2888 & 2890 Bay Shore Drive • General Plan Amendment No. GP2011 -008 • Code Amendment No. CA2011 -011 • Local Coastal Plan Amendment No. LC2011 -004 APPLICANT: Ron E. Presta of Palmo Investments GP PLANNER: Makana Nova, Assistant Planner (949) 644 -3249, mnova @newportbeachca.gov PROJECT SUMMARY Amendments to the General Plan, Coastal Land Use Plan and Zoning Map to change the land use designations of two properties. No changes in the existing uses or development are proposed at this time. 2888 Bay Shore Drive (Bay Shores Apartments): One property, the southern parcel, is located at 2888 Bay Shore Drive, and would remain designated for multiple -unit residential development, but the allowed density would be modified to reflect the existing 39 unit apartment complex. The following amendments are requested: 1) General Plan Land Use designation from Multiple -Unit Residential (RM, 20 du /ac) to Multiple -Unit Residential (RM, 39 du), 2) Coastal Land Use Plan designation from Multiple -Unit Residential (RM -C) to Multiple -Unit Residential (RM -D), and 3) Zoning designation from Multi -Unit Residential (RM, 2178) to the Multi -Unit Residential (RM, 39 du). 2890 Bay Shore Drive As to the second property, the applicant requests a land use change for the northern parcel, located at 2890 Bay Shore Drive, from Multiple -Unit Residential to Mixed -Use Water Related to maintain the existing commercial uses. The following amendments are requested: 37 Presta Property Amendment December 8, 2011 Page 2 1) General Plan Land Use designation from Multiple -Unit Residential (RM, 20 du /ac) to Mixed -Use Water Related (MU -W2, 1 du), 2) Coastal Land Use Plan designation from Multiple -Unit Residential (RM -C) to Mixed - Use Water Related (MU -W), and 3) Zoning designation from Multi -Unit Residential (RM, 2178) to the Mixed -Use Water Related (MU -W2, 1 du). RECOMMENDATION 1) Conduct a public hearing, and 2) Adopt Resolution No. — (Attachment No. PC 1) and attached Exhibits recommending the City Council: • Approve General Plan Amendment No. GP2011 -008; • Approve Local Coastal Plan Amendment No. LC2011 -004; and • Approve Code Amendment No. CA2011 -011. WN Presta Property Amendment December 8, 2011 Page 3 S9 CHANGES:CURRENTto PROPOSED LOCATION: GENERAL PLAN: COASTAL LAND USE PLAN: ZONING: 2888 Bay Shore Drive RM (20 du/ac) to RM -C to RM -D RM (2178) to RM (39 du) RM (39 du) 2890 Bay Shore Drive RM (20 du/ac) to I to MU -W RM (2178) to MU -W2 It du) MU —W2 (1 du) SURROUNDING USES: CG (General Commercial) CM -A (Recreational and Marine CG (Commercial General) and CM (Recreational and Commercial) and PC -37 (Castaway's North Marine Commercial) Marina Planned RSD -B Community) West and South R (Single -Unit t Residential (Single -Unit Residential R -1 Detached ) Detached) (Single -Unit Residential) East Newport Harbor Newport Harbor Newport Harbor S9 40 Presta Property Amendment December 8, 2011 Page 4 iLVIIII-PZd Billet 1ISR,, Proiect Settin The properties are located on the inland side of Newport Harbor at the southeast corner of the intersection of West Coast Highway and Bay Shore Drive. Both parcels are designated by the Land Use Element of the General Plan, Coastal Land Use Plan, and the Zoning Code for multiple -unit residential use. Both properties are accessible from West Coast Highway via Bay Shores Drive, a private street. The southern parcel at 2888 Bay Shore Drive is approximately 1.55 acres in area and is currently developed with the Bay Shore Apartments consisting of 39 dwelling units. The northern parcel at 2890 Bay Shore Drive is approximately 0.46 acres in area. The parcel is developed with carports and surface parking to accommodate the adjacent residential development, a storage unit facility, and a mixed -use building consisting of a leasing office for Bay Shore Apartments and Swales Anchorage Marina, a marine surveyor's office, and a caretaker's unit on the second floor. Due to the commercial uses on the property, the property is nonconforming with the General Plan, Coastal Land Use Plan and the Zoning Code designations. The properties to the west and south are developed with a 528 -lot, single - family residential tract known as the Bay Shores Community. The properties to the north, across West Coast Highway, are currently vacant and undeveloped. A retail shopping center, known as Mariner's Pointe, is planned at 200 West Coast Highway located at the northwest corner of West Coast Highway and Dover Drive. Newport Harbor is to the east and adjacent to the subject properties. Background On May 21, 1959, the Newport Beach Planning Commission approved Ordinance No. 635 approving Use Permit No. UP518 and Variance No. VA535 for the development of 39 dwelling units with an accessory building, office, and carports at 2888 Bay Shore Drive (Attachment No. PC 3). On July 15, 1959, building permits were issued that authorized the construction of a mixed -use building consisting of an accessory office, apartment, and carports located at 2890 Bay Shore Drive. At that time, the property was in the U (Unclassified) Zoning District. On January 15, 1960, building permits were issued that authorized the construction of 38 dwelling units, carports, laundry, storage, and a semi - public swimming pool for the apartment complex at 2888 Bay Shore Drive. 41 Presta Property Amendment December 8, 2011 Page 5 On August 14, 1961, Ordinance No. 969 was adopted by the City Council to change the land use designation of the subject properties from U (Unclassified) to the R -3 (Restricted Multiple Family Residential) Zoning District. On May 29, 1990, the City Council adopted Ordinance No. 90 -24, changing the land use of the subject properties from Restricted Multiple Family Residential (R -3) to Multiple - Family Residential (MFR, 2178). On June 30, 1995, Resubdivision No. 1007, which identifies the subject properties as Parcel 1 and 2 of Parcel Map No. 94 -115, was recorded (Attachment No. PC 4). 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 multiple residential zoning designations of the subject properties were changed from Multiple - Family Residential (MFR, 2178) to Multi -Unit Residential (RM, 2178). Upon the effective date of the Comprehensive Update to the Zoning Code, Ordinance no. 2008 -005 became effective. As a result of that action, existing nonconforming commercial uses located within residential districts became subject to abatement in accordance with Ordinance No. 2008- 05. The City has sent letters to all known uses that are subject to abatement pursuant to Ordinance No. 2008 -05. Staff has met with and continues to meet with many of the owners of the properties that are subject to abatement. Staff has explained to those owners the options available to them as a result of the parcels nonconformance 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, the Coastal Land Use Plan, and the Zoning Code to allow the continuation of the commercial use. In the case of the subject application, the owner chose to pursue amendments to change the land use designations of their properties. The application does not include a plan for development at this time. 42 Presta Property Amendment December 8, 2011 Page 6 Amendments to the General Plan Land Use Plan, the Coastal Land Use Plan, and the Zoning Code are legislative acts. 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. The following sections analyze each property individually for consistency with the General Plan policies and Zoning Code development standards. The subsequent sections asses both properties together for consistency with the Coastal Land Use Plan, Charter Section 423, and SB -18 (Tribal Consultation Guidelines). 2888 Bay Shore Drive - General Plan Amendment The current RM (Multiple -Unit Residential) General Plan land use designation would not change because the use currently reflects the existing apartment development on the property. The applicant requests to amend the General Plan to reflect the density of the existing development (39 dwelling units), which results in a density of approximately 25 du /ac. The existing General Plan designation allows 20 du /ac and may have been so designated to incorporate both 2888 and 2890 Bayside Drive as a single building site. The General Plan contains objectives, policies, and distributions of land use for development in the City. The following General Plan policies are pertinent to the proposed amendment at 2888 Bay Shore Drive: 1. LU 5.6.1 Compatible Development "Require that buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods, districts, and corridors." The existing multi- family residential development provides an interface between the more intense commercial uses along the West Coast Highway corridor and the quieter single - family residential tract of the Bay Shores Community. The existing development has proven compatible with existing development in the Bay Shores area since its original development in 1960. 2. LU 6.2.1 Residential Supply "Accommodate a diversity of residential units that meets the needs of Newport Beach's population and fair share of regional needs in accordance with the Land Use Plan's designations, applicable density standards, design and development policies, and the adopted Housing Element." The proposed amendment to the General Plan would change the permitted density of 2888 Bay Shore Drive to reflect the existing development. Permitting a density that reflects the existing development on the subject property will help the City maintain an adequate housing supply. 43 Presta Property Amendment December 8, 2011 Page 7 2888 Bay Shore Drive - Zoning Code Amendment 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 designation and Zoning is critical to ensure orderly development and enforcement. The main purpose of the requested amendment is to maintain the existing multi - family residential development as was originally approved on May 21, 1959, under Use Permit No. UP518 and Variance No. VA535 for the construction of 39 dwelling units. The RM Zoning District is intended to provide for areas appropriate for the multi -unit residential developments containing attached or detached dwelling units. Existing residential development at 2888 Bay Shore Drive would conform to the standards of the current Multi -Unit Residential (RM) zoning district. Under the existing RM designation, 2888 Bay Shore Drive could be developed with a maximum of 31 residential dwelling units. A total of 106 parking spaces are required per Use Permit No. UP518. Parcel Map No. 94 -115, created an easement for parking, vehicular access, and pedestrian access over both parcels to reserve required parking areas for 2888 Bay Shore Drive. If amended to the Multi -Unit Residential (RM 39) zoning district, the property could be developed with up to 39 dwelling units, which is consistent with the existing development. Redevelopment would be subject to all applicable RM development standards. 2890 Bay Shore Drive - General Plan Amendment The applicant requests to amend the General Plan from a multiple -unit residential designation to a mixed -use designation. The proposed MU -W2 land use designation is intended to provide for marine - related uses intermixed with buildings that provide residential on the upper floors. MU -W2 designated sites are also allowed to be developed exclusively for non residential uses. Permitted uses include those allowed by the CM, CV, and MU -V designations. The proposed density of residential development on the subject property is limited to one dwelling unit, which reflects the existing development. Table 1 summarizes the maximum dens itylntensity permitted under the Mixed -Use Water Related (MU -W2) land use designation: Table 1. Densitv /Intensity Limits for Mixed -Use Water Related (MU -W2) MU -W2 Density/intensity Mixed -Use Buildings Total 1.25 maximum FAR Nonresidential 0.35 minimum to 0.5 maximum FAR Residential 0.75 maximum FAR (1 du) Nonresidential Buildings 0.5 maximum FAR 44 Presta Property Amendment December 8, 2011 Page 8 The General Plan contains objectives, policies, and distributions of land use for development in the City. The following General Plan policies are pertinent to the proposed amendment at 2890 Bay Shore Drive: 1. Policy LU 3.3 - Opportunities for Change 'Provide opportunities for improved development and enhanced environments for residents in the following districts and corridors... Manner's Mile: re -use of underperforming properties for retail, visitor - serving, and marine- related uses, integrated with residential Coastal Land Use Plan' The subject properties are located to the east of the Mariner's Mile corridor along West Coast Highway and across the street from properties located within the Mariner's Mile sub -area as designated in the land use element of the General Plan. Although the subject properties are not located directly within the Mariner's Mile sub -area, the parcels' orientation and location adjacent to West Coast Highway at the entry of Mariner's Mile contribute to the overall character of the corridor. The general purpose of the General Plan policy above is to strengthen the viability of commercial uses around the existing commercial centers. The Mariner's Mile corridor has been historically used and is currently developed with commercial and mixed -use structures. The amendment will provide continued use of the ground floor for commercial uses in furtherance of the policy. Approval of the amendment will allow the continuation of the existing mixed -use development and it would not be subject to abatement. Therefore, the near term possibility of creating a vacant building would be avoided. The presence of vacant storefronts has the opposite effect of revitalization. 2. LU 3.5 Coastal- Dependent and Related Businesses "Design and site new development to avoid impacts to existing coastal- dependent and coastal - related developments. When reviewing proposals for land use changes, give full consideration to the impact on coastal - dependent and coastal related land uses, including not only the proposed change on the subject property, but also the potential to limit existing coastal- dependent and coastal - related land uses on adjacent properties.' The existing commercial businesses located at 2890 Bay Shore Drive include storage units, a marine surveyor's office, and a leasing office for the adjacent Bay Shore Apartments, which includes rental facilities for the boat slips at the adjacent Swales Anchorage Marina. The proposed amendment to Mixed -Use Water Related (MU -W2, 1 du) would provide for the continuation of existing coastal- dependant water related uses, eliminate the existing land use nonconformities, and create opportunities for the development of new water - related uses in close proximity to Newport Harbor. 45 Presta Property Amendment December 8, 2011 Page 9 2890 Bav Shore Drive - Zoning Code Amendment The MU -W2 zoning district applies to waterfront properties in which marine - related uses may be intermixed with general commercial, visitor serving commercial and residential dwelling units on the upper floors with a commercial floor area ratio (FAR) of 0.35 to 0.5 and residential density of one unit for every 1,631 to 2,167 square feet of land area (density of 20.1 -26.7 units per acre), and residential intensity of 0.75 FAR. The residential intensity for the 2890 Bay Shore Drive would be further limited to one (1) dwelling unit to reflect the existing development. The existing mixed -use development would conform to the standards of the proposed Mixed -Use Water Related (MU -W2) zoning district with the exception of the minimum commercial FAR, which is nonconforming because the existing commercial development is well below the minimum 0.35 FAR requirement. The continued commercial uses would be allowed without abatement. Future development would require conformance with applicable development and parking standards. Under the existing RM designation, 2890 Bay Shore Drive could be developed with a maximum of nine (9) residential dwelling units. The main purpose of the requested amendment is to maintain the existing mixed -use development as was originally approved on July 15, 1959. The existing dwelling unit development limit would be transferred to the adjacent parcel at 2888 Bay Shore Drive as part of the subject amendments. 2888 and 2890 Bay Shore Drive - Coastal Land Use Plan Amendment The subject property is located in the coastal zone and therefore, is subject to the applicable goals, objectives, and policies of the Coastal Land Use Plan. This Plan is created to govern the use of land and water in the coastal zone within the City of Newport Beach and is in accordance with the California Coastal Act of 1976. The subject properties have a' land use designation of Multiple -Unit Residential (RM -C). The applicant is requesting to change the current land use of 2890 Bay Shore Drive to a Mixed -Use Water Related (MU -W) designation and to change the density of 2888 Bay Shore Drive to Multiple -Unit Residential (RM -D), which reflects the existing density equivalent to approximately 25 du /ac. 1. Coastal Development Policy No. 2.4.1 -2 'When appropriate, accommodate coastal- related developments within reasonable proximity to the coastal - dependant uses they support." The Coastal Act prioritizes land uses, and visitor - serving uses are a higher priority land use than residential uses. The continuation of commercial uses and future redevelopment on the subject property as permitted in the MU -W2 designation will not conflict with the policies of the Coastal Act. 40 Presta Property Amendment December 8, 2011 Page 10 2. Coastal Development Policy No.3.1.1 -1 "Protect, and where feasible, expand and enhance public access to and along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and traits." Map 3 -1 of the Local Coastal Program, Coastal Land Use Plan does not identify any specific opportunities for lateral or vertical coastal access at either of the subject properties located within the Bay Shores community (Attachment No. PC 5). The subject property does not contain any sensitive coastal resources as it is presently improved with mixed -use and multi - family residential buildings nor located where public access easements would be required. 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 allowed 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. The properties, for which the General Plan amendment is proposed is located within Statistical Area H4 of the General Plan Land Use Element, and would result in an increase of 10,019 square feet of allowed non - residential floor area. Based on the trip generation rates contained in the Council Policy A -18 (blended commercial rate), the proposed amendment is forecast to generate an additional 30.1 a.m. peak hour trips and 40.1 p.m. peak hour trips. There would be no total change in the number of dwelling units with the proposed changes to the residential density. There have been two (2) prior amendments approved within Statistical Area H4 since the 2006 General Plan Update (GP2010 -004). The first amendment involved land use changes for the Holiday Inn Express and the Balboa Bay Club from mixed -use designations to the Visitor - Serving Commercial designation and did not include any changes in density or intensity. The second amendment involved the Mariner's Pointe retail shopping center development, which increased the allowable FAR for the project site at 200 West Coast Highway from 0.5 to 0.68. Table 2, summarizes the changes created by the proposed amendments with the recommended MU -W2 (1 du) and RM (39 du) designations. The table also shows threshold totals for the subject property. As indicated, none of the thresholds specified 4-{ L Presta Property Amendment December 8, 2011 Page 11 by Charter Section 423 would be exceeded, and therefore, a vote would not be required. A more detailed analysis is included as Attachment No. PC 6. Table 2i Charter Section 423 AnalysislSummary - Statistical Area H4 -�1 Increase Increase in Increase _in Allowed Increase in A.M. in P.M. Allowetl Osell ng - Floor Area Peak Hour Trips Peak Hour Trips !I Units Proposed GP2011 -008 0 sq. 9. 4.1 5.0 8 3888 Bay Shore Dr. Proposed GP2011 -008 10,019 sq. fl. 26.0 35.1 -8 3890 Bay Shore Dr. Prior Amendments (80 %) GP2010 -004 0 sq. ft. 0 0 0 (PA2010 -052) GP2010 -009 2.710 sq ft 8.14 10.84 0 PA2010 -114 TOTALS 12,729 sq. ft. 38.24 50.94 0 Section 423 40,000 sq. ft. 100 100 100 Thresholds The proposed GPA does not create any new dwelling units as indicated in the above table, the proposed General Plan amendment does not exceed the non - residential floor area threshold, and the amendment does not exceed the a.m. or p.m. peak hour vehicle trips threshold. Therefore, a vote pursuant to Charter Section 423 would not be required. If the proposed General Plan amendment is approved by City Council, this amendment will become a prior amendment and 80 percent of the increases will be tracked for 10 years. SB18 Tribal Consultation Guidelines Pursuant to Section 65352.3 of the California Government Code, 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. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that ten (10) tribe contacts should be provided notice regarding the proposed amendment. The appropriate tribe contacts were provided notice on October 27, 2011. Section 65352.3 of the California Government Code requires 90 days prior to Council action to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. The amendment properties are located in a geographic area which was significantly modified during the last century in order to alter channels for navigation (Newport Harbor) and form habitable land. The Bay Shores area has previously been subject to significant landform alteration. Due to these factors, the City has contacted the ten (10) 42 Presta Property Amendment December 8, 2011 Page 12 tribe contacts by telephone, email, and standard mail, but to date has not received any responses although the review period remains open. The Planning Commission may recommend the proposed amendment to City Council at this time. However, the City Council may not act on the proposed amendments until the 90 -day notice period is concluded. Given that the sites are presently developed and that no development is proposed at this time, staff does not anticipate any conflicts or need for monitoring by the tribes. If any requests for consultation are received from the tribes, they will be forwarded to the City Council for consideration. ENVIRONMENTAL REVIEW The proposed amendments are exempt since they do not entail any significant alteration to the subject property and will make the General Plan land use, Coastal Land Use Plan, and Zoning District designations consistent with the present use of the subject property. The site is presently developed and no development is proposed at this time, which is exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). SUMMARY The applicant has requested the amendments to allow retention of the existing mixed - use building and apartment community. The buildings were constructed in 1960 and the apartments were authorized by Use Permit No. UP518 and Variance No. 535 that were approved on May 21, 1959, by the Planning Commission. The uses have been in existence for nearly 52 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 -W2 (1 du) and RM (39 du) designation do 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 the MU -W2 (1 du) and RM (39 du) designations would not necessitate a vote of the electorate, pursuant to Section 423 of the City Charter. ALTERNATIVES Alternatives to proposed amendments could include disapproval of the request and retention of the existing General Plan, Coastal Land Use Plan, and Zoning designations of Multiple -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 as Attachment No. PC 2. Such an action would require abatement of the existing nonresidential uses in accordance with the provisions of the Zoning Code, Section 20.38.100. 4�9 Presta Property Amendment December 8, 2011 Page 13 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 (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: SYbmitted by- '] M kana Nova BreTna—W—i sn s, 1 Assist<;nt Planner de Commu, i }y Development Director ATTACHMENTS PC 1 Draft Resolution Recommending Approval with Attached Exhibits PC 2 Draft Resolution Denying the Amendment Requests PC 3 Relevant Information: 2888 and 2890 Bay Shore Drive PC 4 Parcel Map No. 94 -115 PC 5 Map 3 -1 of the Local Coastal Program, Coastal Land Use Plan PC 6 Section 423 Analysis Table PC 7 Site Photos 1 @IIJSCro1P1.RUhattidUp \'sV'AS - 3JI f \PA'21:1 I- Ill \PC 12- 3- ll\P.\201 I -179 PC RpLAccs Tmplt: 11122109 50 City C®4.9ncH Attachment No. CC 4 Planning Commission Resolution 151 52 RESOLUTION NO. 1864 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF 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 MULTIPLE -UNIT RESIDENTIAL (RM) TO MULTIPLE -UNIT RESIDENTIAL (RM, 39 DU) FOR PROPERTY LOCATED AT 2888 BAY SHORE DRIVE; AND FROM MULTIPLE -UNIT RESIDENTIAL (RM) TO MIXED -USE WATER RELATED (MU -W2, 1 DU) FOR PROPERTY LOCATED AT 2890 BAY SHORE DRIVE; (PA2011 -179) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. On May 21, 1959, the Newport Beach Planning Commission approved Ordinance No. 635 approving Use Permit No. UP518 and Variance No. VA535 for the development of 39 dwelling units with an accessory building, office, and carports at 2888 Bay Shore Drive (Attachment No. PC 3). 2. On July 15, 1959, building permits were issued that authorized the construction of a mixed -use building consisting of an accessory office, apartment, and carports located at 2890 Bay Shore Drive. At that time, the property was in the U (Unclassified) Zoning District. 3. On January 15, 1960, building permits were issued that authorized the construction of 38 dwelling units, carports, laundry, storage, and a semi - public swimming pool for the apartment complex at 2888 Bay Shore Drive. 4. On August 14, 1961, Ordinance No. 969 was adopted by the City Council to change the land use designation of the subject properties from U (Unclassified) to the R -3 (Restricted Multiple Family Residential) Zoning District. 5. On May 29, 1990, the City Council adopted Ordinance No. 90 -24, changing the land use of the subject properties from Restricted Multiple Family Residential (R -3) to Multiple - Family Residential (MFR, 2178). 6. On June 30, 1995, Resubdivision No. 1007, which identifies the subject properties as Parcel 1 and 2 of Parcel Map No. 94 -115, was recorded (Attachment No. PC 4). . 7. 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 "). E]FILE COPSP oe4 x� �`��45 rL 0 4i Planning Commission Resolution No. 1864 Page 2 of 5 8. 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. 9. 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. 10, 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 multiple residential zoning designations of the subject properties were changed from Multiple - Family Residential (MFR, 2178) to Multi -Unit Residential (RM, 2178). Upon the effective date of the Comprehensive Update to the Zoning Code, Ordinance no. 2008 -005 became effective. As a result of that action, existing nonconforming commercial uses located within residential districts became subject to abatement in accordance with Ordinance No. 2008 -05. 11. An application was filed by property owner Ron E. Presta of Palmo Investments GP, with respect to the subject property located at 2888 and 2890 Bay Shore Drive, requesting approval of amendments to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use. 12. The subject property is currently located within the Multi -Unit Residential (RM, 2178) Zoning District and the General Plan Land Use Element category is Multiple -Unit Residential Land Use (RM, 20 du /ac). 13. The recommended change of the General Plan designation of 2888 Bay Shore Drive is from Multiple -Unit Residential (RM, 20 du /ac) to Multiple -Unit Residential (RM, 39 du). The recommended change of the General Plan designation of 2890 Bay Shore Drive is Multiple -Unit Residential (RM, 20 du /ac) to Mixed -Use Water Related (MU -W2, 1 du). 14. 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. 15. This is the third General Plan Amendment that affects Statistical Area H4 since the General Plan update in 2006. There is no change in the number of dwelling units and the amendment results in 10,019 additional square feet of non - residential floor area. The additional floor area results in an increase of 30.1 A.M. peak hour trips and an increase 40.1 P.M. peak hour trips based on the commercial and residential housing Tmplt: 04/14/10 Planning Commission Resolution No. 1864 Page 3 of 5 trip rates reflected in Council Policy A -18. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required. 16. The recommended change of the Zoning District designation of 2888 Bay Shore Drive is Multi -Unit Residential (RM, 2178) to Multi -Unit Residential (RM, 39 du). The recommended change of the Zoning District designation of 2890 Bay Shore Drive is Multi -Unit Residential (RM, 2178) to Mixed -Use Water Related (MU -W2, 1 du). 17. The subject property is located within the coastal zone. The Coastal Land Use Plan category of the subject properties is Multiple -Unit Residential (RM -C). 18. The recommended change to the Coastal Land Use designation is consistent with the recommended General Plan Amendment for 2888 Bay Shore Drive from Multiple -Unit Residential (RM -C) to Multiple -Unit Residential (RM -D). The recommended change to the Coastal Land Use designation is consistent with the recommended General Plan Amendment for 2890 Bay Shore Drive from Multiple -Unit Residential (RM -C) to Mixed - Use Water Related (MU -W). The CLUP amendments will not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission. 19. A public hearing was held on December 8, 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. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. The proposed amendments are exempt since they do not entail alteration to the subject property and are essentially bringing the General Plan land use designations, Coastal Land Use Plan 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. Tmplt: 04/14/10 J Planning Commission Resolution No. 1864 Page 4 of 5 SECTION 3. FINDINGS. 1. Amendments to the General Plan and Coastal Land Use Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. Code amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. 3. The amendments of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed Zoning Code amendment to change the density of 2888 Bay Shore Drive to reflect the existing multiple -unit residential development and change 2890 Bay Shore Drive from Multiple -Unit Residential (RM) to Mixed -Use Water Related (MU -W2) to reflect the existing mixed- use development. 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 RM and MU -W2 zoning districts of the Newport Beach Municipal Code. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of General Plan Amendment No. GP2011 -008, changing the land use designation from Multiple -Unit Residential (RM, 20 du /ac) to Multiple -Unit Residential (RM, 39 du); Coastal Land Use Plan Amendment LC2011 -004 changing the land use designation from Multiple -Unit Residential (RM -C) to Multiple -Unit Residential (RM -D); and Code Amendment No. CA2011 -011 changing the Zoning designation from Multi - Unit Residential (RM, 2178) to Multi -Unit Residential (RM, 39 du), affecting 2888 Bay Shore Drive, Statistical Area H4, legally described as a portion of Lot 171 in Block 54 and a portion of Block 54 of Irvine's subdivision, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 1, Page 88 of miscellaneous maps, records of Orange County, California. 2. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of General Plan Amendment No. GP2011 -008, changing the land use designation from Multiple -Unit Residential (RM, 20 du /ac) to Mixed -Use Water Related (MU -W2, 1 du); Coastal Land Use Plan Amendment LC2011 -004 changing the land use designation from Multiple -Unit Residential (RM -C) to Mixed -Use Water Related (MU -W); and Code Amendment No. CA2011 -011 changing the Zoning designation from Multi -Unit Residential (RM, 2178) to Mixed -Use Water Related (MU -W2, 1 du), affecting 2890 Bay Shore Drive, Statistical Area H4, legally described as a portion of Tmplt: 04/14/10 5_ 6 Planning Commission Resolution No. 1864 Page 5 of 5 Lot 171 in Block 54 and a portion of Block 54 of Irvine's subdivision, in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 1, Page 88 of miscellaneous maps, records of Orange County, California. 3. 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 Presta Property Amendments (PA2011 -179 including, but not limited to, General Plan Amendment No. GP2011 -008, Coastal Land Use Plan Amendment No. LC2011 -004, and Code Amendment No. CA2011 -011. 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 8th DAY OF DECEMBER, 2011. AYES: Amen, Hillgren, Kramer, Myers, and Toerge NOES: None. ABSTAIN: None. ABSENT: Hawkins m 33'1 Tmplt: 04/14/10 S-7 Exhibit A- 2888 and 2890 Bay Shore Drive GP2010 -013, LC2010 -003, and CA2010 -013 (PA2011 -179) WrA ./'CO-G 0.25 11 , I TI -HI TH 177-11 F, IT R ccP mww --7 CMWIMM _�of GP2011-008 (PA2011-179) General Plan Amendment 2888 & 2890 Bay Shore Drive GP2011-008.mxd Dewmber/2011 �E 0 250 500 mmnmnmmK==== Feet T U In �. Existing Zoning: Multi -Unit Residential (RM 2178 SA / DU) 'Proposed Zoning: Mixed- Use -Water (MU -W2, 1 DU) Existing Zoning: Multi -Unit Residential (RM 2178 SA / DU) Proposed Zoning: " Multi -Unit Residential (RM -39 DU) ORION II 6( yM City Council Attachment No. CC 5 Planning Commission Minutes 1/503 04 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/08/2011 Chair Toerge opened the public hearing. Seeing and hearing no one else willing to address the Commission, the public hearing was closed. Motion made by Vice Chair Hillgren, seconded by Commissioner Kramer to adopt Resolution No. PA2011- 138 recommending the City Council approve General Plan Amendment No. GP2011 -007; and Code Amendment No. CA2011 -010 as presented. The motion carried with the following roll call vote: AYES: Ameri, Hillgren, Kramer Myers, and Toerge NOES: None. ABSENT(EXCUSED): Hawkins ABSTAIN: None. ITEM NO. 4 Presta Property Amendments (PA2011 -179) 2888 & 2890 Bay Shore Drive Assistant Planner, Makana Nova, presented details of the application addressing location of parcels, adjacent properties, original development, number of units, structures supporting the development and commercial uses occurring over time. She noted that because of the commercial uses on the residentially zoned property, the uses are subject to abatement as currently zoned. Therefore, the applicant has submitted a code amendment request in order to allow commercial uses on the property. Ms. Nova reported that the requested amendment for the property to the south is to address a necessary change in the density and the land use designations would be changed to accommodate 39 dwelling units. She added that the property to the north would be changed to a Mixed -Use Water - Related designation (MU -W2, with a limitation of one dwelling unit to reflect the existing development on the property). Ms. Nova reported that some of the required parking for the existing apartment complex is provided on the northerly parcel. When the two (2) parcels were re- subdivided in 1995, there were easements that were created to address parking. She added that the amendments would add some commercial floor area to the thresholds for the SD423 but none of those thresholds are exceeded. In response to an inquiry by Vice Chair Hillgren, Ms. Nova reported the request for a change to 39 dwelling units would reflect the existing development. Any changes could potentially affect the parking. Community Development Director Brandt clarified that there are two (2) zoning designations proposed for the two properties which could be re- developed in the future, independently of one another. However, there is existing parking provided on the northerly parcel, which would need to be resolved at that time. She added that there is the potential to develop 39 new units with the demolition of the existing structures and do a combination of parking garages with units on top. In answer to a follow up question by Vice Chair Hillgren, Ms. Brandt reported that the zoning code establishes that there could be no more than 39 units in the southerly parcel. The new development would have to conform to all the zoning standards for the zoning designation. The maximum height for that property would remain unchanged regardless of density limitations. Senior Planner Ramirez confirmed that the height limit is 28 feet and that the floor -area limit is determined by the size of the lot, and not by the number of units. Discussion ensued related to the current building heights. It was noted that the current height is close to what is allowed. Discussion continued regarding the number of units currently allowed per acre and possible developments in the future. Ms. Brandt reported that overall, the density that exists today would be the same density if both parcels were scraped and redeveloped. Page 4 of 6 015 NEWPORT BEACH PLANNING COMMISSION MINUTES 12/08/2011 Vice Chair Hillgren expressed concerns with the building envelope that ultimately might be developed and making sure that the City is not allowing, by this action, a four or five -story building at that location. Commissioner Ameri expressed concerns regarding the impacts on traffic and vehicular circulation by increasing the density. Chair Toerge noted that the density is not being increased. Staff explained that the density is increasing to allow commercial development on the northerly parcel and there could be an increase in commercial, but not residential dwelling units. Chair Toerge opened the public hearing. Allison Presta, property owner, reported that the reason for the application is to bring the existing use within the current General Plan. She addressed the marina site and presented a brief history of the development of the property. She stated that she had no intention of scraping or redeveloping the property or converting the existing units into condominiums. Seeing and hearing no one else wishing to address the Commission, the Chair closed the public hearing. Vice Chair Hillgren noted that the property owner's goals are recognized and stated that the intent was to protect and preserve the existing conditions. Motion made by Vice Chair Hillgren, seconded by Commissioner Ameri and carried (6 — 0) with Commissioner Hawkins absent, to adopt Resolution No. PA2011 -179 recommending the City Council approve General Plan Amendment No. GP2011 -008; approve Local Coastal Plan Amendment No. LC2011 -004; and approve Code Amendment No. CA2011 -011. The motion carried with the following roll call vote: AYES: Ameri, Hillgren, Kramer, Myers, and Toerge NOES: None. ABSENT(EXCUSED): Hawkins ABSTAIN: None. J. NEW BUSINESS - None K. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 Community Development Director's report 1) Confirmation of Newport Beach Banning Ranch Study Session dates. Community Development Director Brandt reported that the City Council is scheduled to make an appointment to the Planning Commission at its meeting of December 13, 2011. She deferred to staff for a presentation regarding the Newport Beach Banning Ranch study sessions. Planning Manager Alford addressed the preparation of the Environmental Impact Report (EIR) for the Newport Banning Ranch project. He reported that the project is large and complex and warrants a discussion beyond simply its environmental impacts. Therefore, he reported that staff would like to propose a series of study sessions on the project and its components with the main goal of reviewing the application that is before the City. He added that staff is proposing three (3) study sessions beginning with one (1) on January 19, 2012, and focusing that meeting on subdivision design circulation. A second study session is suggested on February 9, 2012, to focus on open space parks and trails and a third is suggested for February 23, 2012, to consider land uses, development regulations and guidelines, and architectural guidelines. Page 5 of 6 ii Attachment N ®e CC 6 Section 423 Analysis Table 07 NO Coastal Land Use Plan Consistency Amendment (PA2011479) Charter Section 023 Analysis AMdlaaa Eushng Deselcpmem GP ATa W4 Comm PREYMSAPPROYNS A.GENERALPLANMUE MMEM NO GP2010 -004 - STATISTICAL AREA FM MI.-WI 1721 W Coats Nlg.V eaboe Be, Gub Resod (AnanaN I a59) M)(I W. Cota1 I921EMay 56 fi29s9uare -laa Ice is Any devebpe0 w th a B . heel The HWbay Inn Express MU,Ht B. GENERAL PLAN AMENDMENT NO GP2010fi09- STATISTCAL AREA Na 0 200 Writ CA41t Highway 33,038 -syaart -fool btu developed vA1A Mo vacam, 5."7 s wu4ug S,H] swxa CG 0 5 IN%o1P ,xa,w Ia18Il %4 I 1 C GENERAL PLAN AMENDMENTNO. GPMI1 - STATLSTICALAREA Na 28W Say Shoos DING. APN 049191 -33 Thy PMSW Rapedy, 20.037- a0uaeloot la developed wM a hvc- stay n4xed use buMin9 RM 20 DU /ac j 9 2888 Bay Shpra Orbs, w 049191 -30 Thu Presto Prapuny, 67,518 spuareAaot ld develomal MIA a 39 -unit apartment complex (5 buiWi c RM 20 shat 31 40 TOTAL FOR STATISTICAL AREA H4 218 O3y13y1012 49 Pw11a1 �D City Council Attachment No. CC 7 Parcel Map No. 94 -115 71 72 SHEET 2 O 2 SHEETS PARCELS - 2 ACREAGE - 2.01 AC. ALL OF TPM 94 -115 DATE OF SURVEY - FEB., 1994 SCALE: 1' =60' SEE DEfAL'A' i PARCEL MAP NO. 94-115 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA SEPTEMBER, 1994 GEORGE A. JURICA R.C.E. 26564 THIS MAP IS FOR FINANCING /CONVEYANCE PURPOSES ONLY BF R. 910W .1. ARE BA4➢ OR REAIb10 "'N"X nC R.E.I. [o. A. WS P¢ SM AM1D STARER VS MT 62M GDXB N®'1110W PP A'. W PIE q MC m .. BF E 00.WCE tDAOT 9ADt19R OTRYAT6 910XN NK PAST, A, 1NE wammA miM1 Arz STOSE (.1 EGXE M.1. NM, (9'n. PBW . WS rou "'). ALL 0S.AN1VM1 RL9VIXO, YXIFIT x xo1LO. 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STATE WPPNAY PJNPOOR PEA Bpi J4TOR PACE 8Y. ORIOAI. PECONOS OF DGd0E CpINTT YcT I FEO ©P eu VR.TT E lENT 0P ME BENEA] OF THE 00 RIE . OF NEWPdR EACX, Pd mEERJ.ENT NO. M9A W- S402W, . P'PCIAL RECOPOS W'GRANDE CWNTt /1 n O CASEMENT FOR PANpNG, v 10AAR A =SS. .SDMN ACCESS, AND IrvOIEA/EdESS FM C% TIIE R., CF PMCELS 1 AN. x OYd PMCELS A ANO BAY 910DE ORVE (A P SIAEEN PEA BOD1E 1]x08. 1722. PAGE 1)Ex. oESOAL ON.O R. ER tl4NGE) AOGTFD AS 9:ONH ON,RRE PE4 uAP,) O E. 1 PECPPT EASEMENT n V FOR TH OP AR.S/I AND FOR N E p vE OF PAAC.R i AND N MEREST, xESFAIED. ONDFA ]NE TEAMS AND CONgiI0x5 OF .NO BWN 1... PARE 1722 OPP. , R.S. NO ES: ( ) WOIGTES IIENPD PER IN. ND. ]x]]. fTO�r AEF, NpM�. S I I 31 /�]I1�CNCCPD PER IEPN. N0. AS P RISH YME55NOTIFAMSE NOIEDNOIFD. p 16.5Ei N...T AS N.M. a7 73 73 74 City Council Attachment No. CCU 8 Map 3 -1 of the Local Coastal Program, Coastal Land Use Plan /J• 70 i......... l � • � A 7� AI A FB AA A A .., .A \ AA `"i.' I m A - �9nSO1 T % i i 1 r� 1 , 111111111131 City of Newport Beach, California (West Newport Area) Local Coastal Program Coastal Land Use Plan 3 -38 M 1LCPMAcra %aRecNMIX.mM J J Coastal Access and Recreation: Mao 3 -1 (MW I d3) LEGEND P3 Public Beach Location A Public Beach Access Location r •� Coastal Zone Boundary ti Lateral Access `•• Potential Lateral Access ti Vertical Amass Blufftop Access Potential Blufftop Access City of Newport Beach, California (West Newport Area) Local Coastal Program Coastal Land Use Plan 3 -38 M 1LCPMAcra %aRecNMIX.mM J J Coastal Access and Recreation: Mao 3 -1 (MW I d3) L� wj IY•iW NORTH OMU.s July 12009 LEGEND P3 Public Beach Location A Public Beach Access Location Potential Access Point •� Coastal Zone Boundary ti Lateral Access `•• Potential Lateral Access ti Vertical Amass Blufftop Access Potential Blufftop Access �•� City Boundary -- Proposed Park K Public Beach or Park L� wj IY•iW NORTH OMU.s July 12009 :�Lg City Council Attachment No. CC 9 Site Photos %1 RON 0C` 2888 Bay Shore Drive- Bay Shore Apartments and Surface Parking 2888 Bav Shore Drive - Carports for Bav Shore Apartments 2888 Bay Shore Drive -Bay Shore Apartments and Surface Parking 2888 Bay Shore Drive - Carports for BaV Shore Apartments 22 2890 Bay Shore Drive - Swales Anchorage Marina 2890 Bay Shore Drive - Carports for Bay Shore Apartments 2890 Bay Shore Drive - Commercial Office Tenant Spaces 2890 Bay Shore Dr -Trash Area and Carports 24 r°o r 2890 Bay Shore Drive - Surface Parking Areas 2890 Bay Shore Drive - Tandem Surface Parking and Storage 2890 Bay Shore Drive - Surface Parking Area 2890 Bay Shore Drive - Second Floor Dwelling Unit 8o