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HomeMy WebLinkAbout07 - Beach Coin Laundromat Amendments - PA2011-2094��WPORr CITY OF \z NEWPORT BEACH City Council Staff Report Agenda Item No. 7 March 27, 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: Fern Nueno, Assistant Planner APPROVED: TITLE: Beach Coin Laundromat Amendments (PA2011 -209) ABSTRACT Amendments to the General Plan, Coastal Land Use Plan, and the Zoning Map to change the designations of the subject property from Two -Unit Residential (RT, RT -E, and R -2) to Visitor Serving Commercial (CV) land use designations. 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 standards of the proposed CV Zoning District. RECOMMENDATION 1) Conduct a public hearing; 2) Adopt Resolution No. 2012-25 (Attachment A) approving General Plan Amendment No. GP2011 -010 and Local Coastal Plan Amendment No. LC2011 -006; and 3) Introduce Ordinance No. 2012 -10 (Attachment B) approving Code Amendment No. CA2011 -013 and pass to second reading for adoption on April 10, 2012. FUNDING REQUIREMENTS There is no fiscal impact related to this item. 1 2 Beach Coin Laundromat Amendments (PA2011 -209) March 27, 2012 Page 2 VICINITY MAP a ` =�. \\ y r Subject Property .a \I \ .. • F i� }�. {yam N ` r GENERAL PLAN ZONING CN0.3FAR CNU3FAR a ya PF Q sa ,,a° FT R1 `1 ar�i1" LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE NORTH Two -Unit Residential (RT) Two -Unit Residential RT it Residential R -2 Two -Unit Residential R -2 Laundromat Residential SOUTH Two -Unit Residential (RT) Two -Unit Residential R -2 Residential EAST Two -Unit Residential (RT) Two -Unit Residential R -2 Residential WEST Two -Unit Residential (RT) Two -Unit Residential (R -2) Residential 3 11 Beach Coin Laundromat Amendments (PA2011 -209) March 27, 2012 Page 3 Proiect Settin The subject lot is located on the Balboa Peninsula at the east corner of 30th Street and Balboa Boulevard and is approximately 2,375 square feet in area (25 feet wide by 95 feet deep). The lot is developed with an approximately 1,175 square foot, single -story commercial building and a surface parking lot with four (4) parking spaces. The surrounding area is developed primarily with two -unit residential uses with commercial and mixed -use districts nearby. Background The existing building was constructed prior to 1953 and the City does not have any building permits on file for this property. On May 21, 1953, the Planning Commission approved Use Permit No. 88 to allow alterations to the existing, nonconforming building. At the time, the property was designated for residential use; however, the structure was being used for a commercial use (grocery store). On September 15, 1960, the Planning Commission approved Use Permit No. 669 to allow the operation of a laundromat for a period of four (4) years. The Use Permit was subsequently granted three (3) extensions, and since September 2, 1980, when the Use Permit expired, the laundromat has been in operation as a nonconforming use. 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 Coastal Commission approval of the City's Local Coastal Plan (LCP) amendments, which occurred on July 14, 2009, and the subsequent Zoning Code update which became effective on 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 two unit residential zoning designation of the subject property was changed from Two Family Residential (R -2) District to Two -Unit Residential (R -2). Because the use of the subject property is a commercial use in a residential zone, it was subject to abatement in accordance with Ordinance No. 2008 -05. Staff has met with the property owner(s) to explain options available to remedy the nonconforming situation. Those remedies include conversion of use or development to a residential use; request for extension of the abatement period; and /or request to amend the General Plan, Coastal Land Use Plan (for properties located within the coastal zone) and 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 the property from residential to commercial. J Beach Coin Laundromat Amendments (PA2011 -209) March 27, 2012 Page 4 Planning Commission Action On February 9, 2012, the Planning Commission held a public hearing on the proposed amendments. Three (3) members of the public spoke in favor of the application. After reviewing the proposed land use designations, including the resulting development standards and intensities, and hearing testimony from the applicant and public, the Planning Commission unanimously voted to recommend approval of the proposed amendments. A copy of the staff report (Attachment C), Resolution No. 1869 (Attachment D), and minutes (Attachment E) of the Planning Commission hearing are attached. Project Description The proposed land use changes, as shown below, would allow the retention of the existing land use and allow for future development in accordance with the standards of the proposed CV Zoning District. Analysis Amendments to the General Plan Land Use Plan, Coastal Land Use Plan, and Zoning Code are legislative acts. Neither City regulations nor State planning law set forth required findings for approval or denial of such amendments. However, when making a decision the City Council should consider applicable policies and development standards to ensure internal consistency and to further the public health, safety, and general welfare of the community. General Plan The applicant requests to amend the General Plan to change land use designation of the subject property from Two -Unit Residential (RT) to Visitor Serving Commercial (CV). The RT category applies to a range of two family residential dwelling units such as duplexes and townhomes. The CV designation is intended to provide for accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. Nearby properties along Newport Boulevard and Balboa Boulevard are designated as CV 0.5 FAR. NO Existing Proposed General Plan Two -Unit Residential RT Visitor Serving Commercial CV Coastal Land Use Plan Two -Unit Residential (RT -E) Visitor Serving Commercial (CV -A) Zoning Code Two -Unit Residential (R -2) Commercial Visitor - Serving (CV) Analysis Amendments to the General Plan Land Use Plan, Coastal Land Use Plan, and Zoning Code are legislative acts. Neither City regulations nor State planning law set forth required findings for approval or denial of such amendments. However, when making a decision the City Council should consider applicable policies and development standards to ensure internal consistency and to further the public health, safety, and general welfare of the community. General Plan The applicant requests to amend the General Plan to change land use designation of the subject property from Two -Unit Residential (RT) to Visitor Serving Commercial (CV). The RT category applies to a range of two family residential dwelling units such as duplexes and townhomes. The CV designation is intended to provide for accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. Nearby properties along Newport Boulevard and Balboa Boulevard are designated as CV 0.5 FAR. NO Beach Coin Laundromat Amendments (PA2011 -209) March 27, 2012 Page 5 Consistency with the applicable policies of the General Plan has been evaluated in conjunction with the proposed amendments and have been determined to be consistent with those policies. A detailed consistency analysis is included in the February 9, 2012, Planning Commission staff report (Attachment C). Coastal Land Use Plan The subject property is located in the coastal zone and is subject to the applicable goals, objectives, and policies of the Coastal Land Use Plan (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 property does not contain any sensitive coastal resources as it is presently improved with a commercial building, nor is it located where public access easements would be required. The Coastal Act prioritizes land uses, and visitor - serving uses are a higher priority land use than residential use. The continuation of commercial uses and future redevelopment on the subject property as allowed in the CV -A designation will not conflict with the policies of the Coastal Act. Zoning Code The R -2 Zoning District is intended to provide for areas appropriate for a maximum of two residential dwelling units located on a single legal lot. The Commercial Visitor - Serving (CV) Zoning District is intended to provide for areas appropriate for the accommodations, goods, and services intended to primarily serve visitors to the City. The primary purpose of the requested amendment is to maintain the existing commercial development. Laundromats are defined as a Personal Services, General land use pursuant to Chapter 20.70 (Definitions) of the Municipal Code, and are allowed by right in the CV Zoning District. Other uses allowed by right include visitor - serving retail, financial institutions, offices, animal grooming, small health /fitness facilities, and postal services, which are compatible uses with the nearby residential uses that would serve residents and visitors to the area. The stated purpose and intent of the Zoning Code is to carry out the policies of the General Plan. Consistency between the General Plan and zoning designation is critical to ensure orderly development and enforcement. With regard to the subject property, the existing commercial development would conform with the standards of the proposed CV Zoning District and the continued commercial use would be allowed without abatement. Future development would require conformance with applicable development standards. Table 1 on the next page indicates the applicable CV and R -2 development standards and the existing development. 7 Beach Coin Laundromat Amendments (PA2011 -209) March 27, 2012 Page 6 Table 1 — Development Standards Statistical Area B5 Front Rear Side Maximum Density/ Height Parking . . Trips Setback Setback Setbacks Square Units Limit Requirement Prior Amendments Footage (80 %) 15,325 sf 46.48 R -2 5' 5' T and 3' 3,230 sf 2 24/29 2 per unit Cv 5' 10' 5' and 0' 1,187.5 NA 26/31 5 spaces 0 at 1/250) Existing 0' 40' 12" and 1,175 sf 0 —12' 4 spaces development 6" —0.49 FAR Charter Section 423 (Measure S) Analysis Pursuant to City Charter Section 423 and Council Policy A -18, an analysis must be prepared to establish whether a proposed general plan amendment (if approved) requires a vote by the electorate. The proposed amendment would be combined with 80 percent of the increases in traffic, dwelling units, and non - residential floor area created by previous general plan amendments (approved within the preceding 10 years) within the same statistical area. If any of the thresholds are exceeded and the requested General Plan Amendment is approved, 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. Since the adoption of the General Plan in 2006, two (2) General Plan amendments have been approved by the City Council within Statistical Area B5 where the subject property is located. The first amendment was to bring consistency between the General Plan and Coastal Land Use Plan for seven (7) properties. The second amendment was to change the land use designation from residential to commercial for a property developed with a commercial building. Table 2 below summarizes the changes created by the proposed amendment with the recommended CV designation. The table also shows threshold totals for the subject property. As indicated, none of the four (4) thresholds would be exceeded, and therefore, a vote is not required. A more detailed analysis is attached (Attachment F). Table 2: Charter Section 423 Analysis Summary Statistical Area B5 AM Peak Hour P.M. Peak Hour Increase in Allowed Floor Area . . Trips Trips Allowed Dwelling Units Prior Amendments (80 %) 15,325 sf 46.48 61.87 1 Proposed 1,187.5sf 2.68 3.67 -2 GP2011 -010 Total 16,512.5 49.16 65.54 0 0 Beach Coin Laundromat Amendments (PA2011 -209) March 27, 2012 Page 7 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 seven (7) tribe contacts should be provided notice regarding the proposed project. The appropriate contacts supplied by the NAHC were provided notice on December 16, 2011, to allow contacts an opportunity to request consultation. Section 65352.3 of the California Government Code requires 90 days to allow contacts to respond to the request to consult unless the contacts mutually agree to a shorter time period. That 90 -day period ended on March 16, 2012, and the City has not received any responses. Summary The applicant has requested the amendment to allow retention of the existing commercial use and structure. The building was constructed prior to 1953, and the commercial use has been on the subject property for over fifty years with no land use conflicts. A laundromat is a visitor - serving use that serves the local community and visitors to the area. Continuation of the commercial use and future development consistent with the CV designation does not appear to conflict with the General Plan or Coastal Land Use Plan or Coastal Act. The Planning Commission and staff do not foresee any adverse environmental impacts with continued use. The approval of the General Plan Amendment to would not necessitate a vote of the electorate, as required by Section 423 of the City Charter. ENVIRONMENTAL REVIEW: The Planning Commission recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Class 1 — 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. The proposed amendments are exempt because they do not entail any significant alteration to the subject property and will bring the General Plan Land Use, Coastal Land Use, 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. NOTICING: Notice of this application was mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant and posted on the subject property at least 10 days prior to the hearing date, consistent with the provisions of the Municipal Code. I Beach Coin Laundromat Amendments (PA2011 -209) March 27, 2012 Page 8 Submitted by: '7L&4�^ Kimberly Brandt, Alf Community Development Director Attachments: A. Draft City Council Resolution for Approval with Attachments B. Draft Ordinance with Attachments C. Planning Commission Staff Report, February 9, 2012 D. Planning Commission Resolution No. 1869 E. Draft Planning Commission Minutes, February 9, 2012 F. Section 423 Analysis Table 10 City Council Attachment A Draft City Council Resolution for Approval with Attachments 11 12 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. GP2011 -010 AND COASTAL LAND USE PLAN AMENDMENT LC2011 -006 FOR PROPERTY LOCATED AT 200 30" STREET (PA2011 -209) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Pete Fenton, representing Beach Coin Laundry LLC, with respect to property located at 200 30th Street, and legally described as Lot 1, Block 129 of the Lake Tract, requesting approval of a General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment. 2. The applicant proposes to change the General Plan Land Use Element category from Two -Unit Residential (RT) to Visitor Serving Commercial (CV), the Coastal Land Use Plan designation from Two -Unit Residential (RT -E) to Visitor Serving Commercial (CV- A), and the Zoning District from Two -Unit Residential (R -2) to Commercial Visitor - Serving (CV). 3. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76 approving a comprehensive update to the Newport Beach General Plan ( "General Plan Update "), resulting in the land use designation of the subject property as Two - Unit Residential. 4. On November 13, 2007, the City Council adopted Resolution No. 2007 -71, approving Coastal Land Use Plan Amendment No. LC2007 -001 making the Coastal Land Use Plan consistent with the General Plan Update. The Coastal Land Use Plan designation for the property was Two -Unit Residential. 5. On January 28, 2008, the City Council adopted an ordinance (Ordinance No. 2008 -05) that established the maximum time period for the abatement and termination of nonconforming uses in residential districts. However, determinations of nonconformity could not be made until the finalization of the City's Local Coastal Plan (LCP), which occurred on July 14, 2009, and subsequent Zoning Code Update that became effective on November 25, 2010. 6. 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 zoning designation of the subject property was changed from Two Family Residential (R -2) District to Two -Unit Residential (R -2). The result of that action rendered commercial uses located within residential districts nonconforming. In accordance with Ordinance No. 2008 -05, mentioned above, those properties are subject to abatement. 13 City Council Resolution No. Page 2 7. The subject property is located within the coastal zone. The requested change of the Coastal Land Use Plan designation is from Two -Unit Residential (RT -E) to Visitor Serving Commercial (CV -A) and will not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission. 8. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on December 16, 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 March 16, 2012. No requests for consultation were received. 9. A public hearing was held on February 9, 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 Planning Commission at this meeting. At the conclusion of the public hearing, the Planning Commission voted unanimously (6 ayes, 0 noes) to adopt Planning Commission Resolution No. 1869 recommending City Council adoption of the proposed General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment. 10. A public hearing was held on March 27, 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 has been determined to be categorically exempt under the requirements of the California Environmental Quality Act ( "CEQA ") under Class 1 (Existing Facilities). 2. The proposed amendments are exempt because they do not entail alteration to the subject property and are bringing the General Plan land use designation, Coastal Land Use Plan designation and Zoning district into consistency with the exiting development and use of the property. 3. The City's action to amend the Coastal Land Use Plan is exempt from the CEQA pursuant to California Code of Regulations §15265 (Statuary Exemptions — Adoption of Coastal Plans and Programs). 4. 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, PR' City Council Resolution No. Page 3 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, 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 related (directly or indirectly) to City's approval of the proposed Beach Coin Laundry, LLC Property Amendments (PA2011 -209) including, but not limited to, General Plan Amendment No. GP2011 -010, Coastal Land Use Plan Amendment LC2011 -006, and Code Amendment No. CA2011 -013. 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. SECTION 3. FINDINGS. 1. The proposed amendments of the Land Use Element of the General Plan, the Coastal Land Use Plan and the Zoning Code are necessary to implement the property owner request. 2. The amendments of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed Code Amendment to change the zoning of the subject property from Two -Unit Residential (R -2) to Visitor Serving Commercial (CV). 3. 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. 4. This is the third General Plan Amendment that affects Statistical Area B5 since the General Plan update in 2006. Although there is no increase in the number of dwelling units, the amendment results in 1,187.5 additional square feet of non - residential floor area. The additional floor area results in an increase of 2.68 AM peak hour trips and an increase 3.67 PM 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. 5. 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 15 City Council Resolution No. Page 4 with the purpose and intent of the Commercial Visitor - Serving (CV) Zoning District of the Newport Beach Municipal Code. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. Amendments to the General Plan and Local Coastal Land Use Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. The City Council of the City of Newport Beach hereby approves General Plan Amendment No. GP2011 -010 as shown in attached Exhibit A and Coastal Land Use Plan Amendment No. LC2011 -006 as shown in attached Exhibit B. 3. The City Council of the City of Newport Beach hereby authorizes submittal of the Local Coastal Land Use Plan Amendment to the California Coastal Commission for formal review and approval. 4. The amendments authorized under this resolution shall not become effective until the effective date of the California Coastal Commission approval. Passed and adopted by the City Council of Newport Beach at a regular meeting held on March 27, 2012, by the following vote to wit: /_\'1x. =K61110 to] IN►N1:1NA1:34: 01 104 [6]x. =K6DP►Is] INJII:11i•1 .01Q:Zy ABSENT COUNCIL MEMBERS NANCY GARDNER, MAYOR ATTEST: LEILANI BROWN, CITY CLERK 10 City Council Resolution No. EXHIBIT A Page 5 ROM y „ 1111111111 II�III .. � nnnnrnm�m Existing Land Use: 1\ T8 Twa Unit Residential (RT) Proposed Land Use: \ \. Visitor Seving Commercial y \\ (CV 0.5 FAR) IN 61 s tp�l4i�y' ilrliillilin/ - r �r��fi�if -- �11I1lRll , .fhjlltlll�'lJll 11 it •w , s 17 12 City Council Resolution No. EXIBIT B Page 6 J11 JR. � � tl ■1111 ■■ LJIIIIII� 1■ ■r +' IIIII�IIh� 1HIl' r Il�llliil Itll�llll �1� 1111111► " \. IIIIII� �IIII - 111 Existing Land Use: �. Two -Unit Residential (RT -E) Proposed Land Use: _ Visitor Serving Commercial - rrrrli - - - Plan Amendment 0 30th Street 19 20 City Council Attachment B Draft Ordinance with Attachments 21 22 ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING ZONING CODE AMENDMENT NO. CA2011 -013 TO CHANGE THE ZONING DESIGNATION OF PROPERTY LOCATED AT 200 301h STREET (PA2011 -209) WHEREAS, an application was filed by Pete Fenton, representing Beach Coin Laundry LLC, with respect to property located at 200 30th Street, and legally described as Lot 1, Block 129 of the Lake Tract, requesting approval of a General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment; and WHEREAS, the subject property is located within the Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element category is Two -Unit Residential (RT); and WHEREAS, the applicant proposes to change the Zoning District from Two -Unit Residential (R -2) to Commercial Visitor - Serving (CV) for the subject property, which will result in the existing nonconforming commercial use becoming conforming; and WHEREAS, the subject property is located within the coastal zone. The subject application considered by the City Council will simultaneously change the Land Use Element of the General Plan and the Coastal Land Use Plan designation from Two -Unit Residential (RT and RT -E) to the Visitor Serving Commercial (CV) land use designations; and WHEREAS, the concurrent amendments of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed code amendment to change the zoning designation of the subject property from Two -Unit Residential (R -2) to Commercial Visitor - Serving (CV); and WHEREAS, the existing building and use, and future development of the subject property 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 CV Zoning District of the Newport Beach Municipal Code; and WHEREAS, on February 9, 2012, the Planning Commission conducted a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code and Brown Act. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, at the February 9, 2012, public hearing, the Planning Commission received public comments and on an affirmative motion (5 ayes, 0 noes, 1 absent), 23 ORDINANCE NO. 2012 - Page 2 forwarded a recommendation to the City Council to approve the proposed Zoning Code Amendment; and WHEREAS, the City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Therefore, to the fullest extent permitted by law, applicant and property owner shall defend, indemnify, release and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the project, the project's approval based on the City's CEQA determination and /or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Zoning Map shall be amended as provided in Exhibit "A" attached hereto and incorporated by reference to change the zoning district of the subject property from R -2 (Two -Unit Residential) to CV (Commercial Visitor - Serving), with all other provisions of the existing Zoning Map remaining unchanged. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: This project is exempt from the California Environmental Quality Act ( "CEQA") pursuant to Section 15301 — Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The proposed amendment is exempt since it does not entail any significant alteration to the subject property and will bring the zoning district and the existing use of the building and Mil ORDINANCE NO. 2012 - Page 3 property into conformance with the General Plan land use designation and Coastal Land Use designation and Zoning District. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall not become effective until Coastal Land Use Plan Amendment No. LC2011 -006 is approved by the California Coastal Commission and in effect. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 27th day of March, 2012, and adopted on the 10th day of April, 2012, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS ATTEST: LEILANI BROWN, CITY CLERK APPROVED AS TO FORM: AARON HARP, CITY ATTO NEY NANCY GARDNER, MAYOR 25 M ORDINANCE NO. 2012 - Page 4 Exhibit A PF CN e� .. � }.',� Lay •. 0 250 500 4 °fry`, CA2011 -013 (PA2011 -209) rY� ;�KFy a Zoning Code Amendment e 200 30th Street NL W CA2011 -013 .lanumy2012 27 22 City Council Attachment C Planning Commission Staff Report, February 9, 2012 29 30 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT February 9, 2012 Meeting Agenda Item 4 SUBJECT: Beach Coin Laundromat Amendments - PA2011 -209 200 30th Street • General Plan Amendment No. GP2011 -010 • Local Coastal Plan Amendment No. LC2011 -006 • Code Amendment No. CA2011 -013 APPLICANT: Pete Fenton, Beach Coin Laundry LLC PLANNER: Fern Nueno, Assistant Planner (949) 644 -3227, fnueno @newportbeachca.gov PROJECT SUMMARY The property owner seeks to continue the nonconforming commercial use of the subject property by requesting the following amendments: 1) General Plan Amendment to change the land use designation from Two -Unit Residential (RT) to Visitor Serving Commercial (CV), 2) Coastal Land Use Plan Amendment to change the designation from Two -Unit Residential (RT -E) to Visitor Serving Commercial (CV -A), and 3) Zoning Code Amendment to change the zoning designation from Two -Unit Residential (R -2) to the Commercial Visitor - Serving (CV). No change in land use or new development is proposed at this time. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ (Attachment No. PC 1) recommending City Council approval of: • General Plan Amendment No. GP2011 -010, • Local Coastal Plan Amendment No. LC2011 -006, and • Code Amendment No. CA2011 -013. 31 S2 Beach Coin Laundromat Amendments (PA2011 -209) February 9, 2012 Page 2 LOCATION I GENERAL PLAN ZONING CURRENT USE ON -SITE I Two -Unit Residential RT Two -Unit Residential R -2 Laundromat NORTH I Two -Unit Residential (RT) Two -Unit Residential (R -2) Residential SOUTH I Two -Unit Residential (RT) Two -Unit Residential (R -2 ) Residential EAST I Two-Uni I Two -Unit Residential R -2 Residential WEST Two-Un I Two -Unit Residential R -2 Residential 33 S4 Beach Coin Laundromat Amendments (PA2011 -209) February 9, 2012 Page 3 Project Settinq The subject lot is located on the Balboa Peninsula and is approximately 2,375 square feet in area (25 feet wide by 95 feet deep). The lot is developed with an approximately 1,175 square foot, single -story commercial building and a surface parking lot with four (4) parking spaces. The surrounding area is developed primarily with two -unit residential uses with commercial and mixed -use districts nearby. Background The existing building was constructed prior to 1953 and the City does not have any building permits on file for this property. On May 21, 1953, the Planning Commission approved Use Permit No. 88 to allow alterations to the existing, nonconforming building. At the time, the property was designated for residential use; however, the structure was being used for a commercial use (grocery store). On September 15, 1960, the Planning Commission approved Use Permit No. 669 to allow the operation of a laundromat for a period of four (4) years. On September 1965, the Planning Commission approved an extension for the duration of the lease or a maximum of seven (7) years. On September 28, 1971, the Modifications Committee approved a two (2) year extension. On September 25, 1973, the Modifications Committee approved a two (2) year extension. On September 2, 1975, the Modifications Committee approved a five (5) year extension. Since September 2, 1980, when the Use Permit expired, the laundromat has been in operation as a nonconforming use. 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 Coastal Commission approval of the City's Local Coastal Plan (LCP) amendments, which occurred on July 14, 2009, and the subsequent Zoning Code Update which was 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 two unit residential zoning designation of the subject property was changed from Two Family Residential (R -2) District to Two -Unit Residential (R -2). Since the use of the subject property is a commercial use in a residential zone, it was subject to abatement in accordance with Ordinance No. 2008 -05. 35 Beach Coin Laundromat Amendments (PA2011 -209) February 9, 2012 Page 4 The City sent letters to all known uses that are subject to abatement. Staff has met and continues to meet with many of the owners of property that are subject to abatement. Staff has explained to those owners the options available to them to remedy their individual situations. Those remedies may include conversion of use or development to a residential use; request for extension of the abatement period; and /or request to amend the General Plan, Coastal Land Use Plan and 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 property from residential to commercial. Project Description The subject application does not include a specific project for development at this time. The proposed land use changes, as shown below, would allow the retention of the existing land use and allow for future development in accordance with the standards of the proposed Zoning District. When the application was submitted, a mixed use land use designation was considered for the property. However, upon further review staff believes Visitor Serving Commercial is more suitable than a mixed use district designation. The Visitor Serving Commercial Zoning District reflects the existing development and due to the size of the property and the development standards for the mixed use districts, redevelopment of the property as a mixed -use structure would not be feasible without multiple deviations from the Zoning Code standards. DISCUSSION Analysis Amendments to the General Plan Land Use Plan, Coastal Land Use Plan, and Zoning Code are legislative acts. Neither City regulations nor State planning law set 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 and to further the public health, safety, and general welfare of the community. so Existing Proposed General Plan Two -Unit Residential (RT) Visitor Serving Commercial CV Coastal Land Use Plan Two -Unit Residential (RT -E) Visitor Serving Commercial (CV -A) Zoning Code Two -Unit Residential (R -2) Commercial Visitor - Serving (CV) When the application was submitted, a mixed use land use designation was considered for the property. However, upon further review staff believes Visitor Serving Commercial is more suitable than a mixed use district designation. The Visitor Serving Commercial Zoning District reflects the existing development and due to the size of the property and the development standards for the mixed use districts, redevelopment of the property as a mixed -use structure would not be feasible without multiple deviations from the Zoning Code standards. DISCUSSION Analysis Amendments to the General Plan Land Use Plan, Coastal Land Use Plan, and Zoning Code are legislative acts. Neither City regulations nor State planning law set 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 and to further the public health, safety, and general welfare of the community. so Beach Coin Laundromat Amendments (PA2011 -209) February 9, 2012 Page 5 General Plan The applicant requests to amend the General Plan to change land use designation of the subject property from Two -Unit Residential (RT) to Visitor Serving Commercial (CV). The RT category applies to a range of two family residential dwelling units such as duplexes and townhomes. The CV designation is intended to provide for accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. Nearby properties along Newport Boulevard and Balboa Boulevard are designated as CV 0.5 FAR. In considering the proposed General Plan Amendment, the Planning Commission should consider the following Land Use Element policies: Policy LU 3.3 - Opportunities for Change Provide opportunities for improved development and enhanced environments for residents in the following districts and corridors... Balboa Peninsula: more efficient patterns of use that consolidate the Peninsula's visitor - serving and mixed uses within the core commercial districts; encourage marine - related uses especially along the bay front; integrate residential with retail and visitor - serving uses in Lido Village, McFadden Square, Balboa Village, and along portions of the Harbor frontage; re -use interior parcels in Cannery Village for residential and limited mixed -use and live /work buildings; and redevelop underperforming properties outside of the core commercial districts along the Balboa Boulevard corridor for residential. Infill development shall be designed and sited to preserve the historical and architectural fabric of these districts. Policy LU 6.8.1 - Urban Form Establish development patterns that promote the reinforcement of Balboa Peninsula's pedestrian scale and urban form as a series of distinct centers/nodes and connecting corridors. Policy LU 6.8.6 - Historic Character Preserve the historic character of Balboa Peninsula's districts by offering incentives for the preservation of historic buildings and requiring new development to be compatible with scale, mass, and materials of existing structures, while allowing opportunities for architectural diversity. Approval of the amendment will allow the continuation of the existing commercial development, thereby not subjecting the use to abatement. This will help avoid creating a vacant building on 30th Street and Balboa Boulevard in the near future. The presence of vacant storefronts has the opposite effect of revitalization. 37 Beach Coin Laundromat Amendments (PA2011 -209) February 9, 2012 Page 6 The commercial use has been on the subject property for over fifty years with no land use conflicts. A laundromat is a visitor - serving use that serves the local community and visitors to the area. The scale of the existing building, and of any potential project that could be developed under the CV designation, is compatible with the nearby two -unit residential uses and promotes a pedestrian scale along 30th Street and Balboa Boulevard. Coastal Land Use Plan The subject property is located in the coastal zone and is subject to the applicable goals, objectives, and policies of the Coastal Land Use Plan (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 property has a land use designation of Two -Unit Residential (RT -E). The applicant is requesting to change the current land use designation to Visitor Serving Commercial (CV -A). The subject property does not contain any sensitive coastal resources as it is presently improved with a commercial building, nor is it located where public access easements would be required. The Coastal Act prioritizes land uses, and visitor - serving uses are a higher priority land use than residential use. The continuation of commercial uses and future redevelopment on the subject property as allowed in the CV -A designation will not conflict with the policies of the Coastal Act. Zoning Code The R -2 Zoning District is intended to provide for areas appropriate for a maximum of two residential dwelling units located on a single legal lot. The Commercial Visitor - Serving (CV) Zoning District is intended to provide for areas appropriate for the accommodations, goods, and services intended to primarily serve visitors to the City. The primary purpose of the requested amendment is to maintain the existing commercial development. Laundromats are defined as a Personal Services, General land use pursuant to Chapter 20.70 (Definitions) of the Municipal Code, and are allowed by right in the CV Zoning District. Other uses allowed by right include visitor - serving retail, financial institutions, offices, animal grooming, small health /fitness facilities, and postal services, which are compatible uses with the nearby residential uses that would serve residents and visitors to the area. The stated purpose and intent of the Zoning Code is to carry out the policies of the General Plan. Consistency between the General Plan and zoning designation is critical to ensure orderly development and enforcement. With regard to the subject property, the existing commercial development would conform with the standards of the proposed CV Zoning District and the continued commercial use would be allowed without abatement. Future development would require conformance with applicable development standards. ON Beach Coin Laundromat Amendments (PA2011 -209) February 9, 2012 Page 7 Under the existing RT designation, the subject property could be developed with a maximum of two (2) residential dwelling units and four (4) parking spaces would be required. Table 1 below demonstrates how the 2,375 square -foot property could be developed under the maximum intensity /density allowance for the CV and R -2 zoning designations as well as the existing development. Pursuant to Chapter 20.40 (Off- Street Parking) of the Municipal Code, parking requirements for the commercial use are calculated at a rate of one (1) space for every 250 square feet of gross floor area, which is the parking rate for retail and personal service uses, but parking requirements vary depending on the use. Table 1 - Development Standards Front Rear Side Maximum Height Parking Setback Setback Setbacks Square Density /Units Limit Requirement Footage R -2 5' 5' T and 3' 3,230 sf 2 24/29 2 per unit CV 5' 10' 5' and 0' 1,187.5 NA 26/31 5 spaces at 1/250) Existing 0' 40' 12" and 1,175 sf 0 -12' 4 spaces 6" -0.49 FAR Charter Section 423 (Measure S) Analysis Pursuant to City Charter Section 423 and Council Policy A -18, an analysis must be prepared to establish whether a proposed general plan amendment (if approved) requires a vote by the electorate. The proposed amendment would be combined with 80 percent of the increases in traffic, dwelling units, and non - residential floor area created by previous general plan amendments (approved within the preceding 10 years) within the same statistical area. If any of the 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. Since the adoption of the General Plan in 2006, two (2) General Plan amendments have been approved by the City Council within Statistical Area B5 where the subject property is located. The first amendment was to bring consistency between the General Plan and Coastal Land Use Plan for seven (7) properties. The second amendment was to change the land use designation from residential to commercial for a property developed with a commercial building. Table 2 below summarizes the changes created by the proposed amendments with the recommended CV designation. The table also shows threshold totals for the subject property. As indicated, none of the four (4) thresholds would be exceeded, and therefore, a vote is not required. A more detailed analysis is attached (Attachment No. PC 4). 39 Beach Coin Laundromat Amendments (PA2011 -209) February 9, 2012 Page 8 Table 2: Charter Section 423 Analysis Summary Statistical Area B5 A.M. Peak Hour P.M. Peak Hour Increase in Allowed Floor Area Trips Trips Allowed Dwelling Units Prior Amendments 15,325sf 46.48 61.87 1 (80 %) Proposed GP2011 -010 1,187.5sf 2.68 3.67 -2 Total 16,512.5 49.16 65.54 0 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 seven (7) tribe contacts should be provided notice regarding the proposed project. The appropriate tribe contacts supplied by the NAHC were provided notice on December 16, 2011. Section 65352.3 of 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 project site is located in a geographic feature which was significantly modified during the last century in order to alter channels for navigation (Newport Harbor) and form habitable islands. The Balboa Peninsula area was created after the era of Native American settlement and has been subject to significant landform alteration. The City has not yet received any responses although the review period remains open. The Planning Commission may recommend approval of the proposed project to City Council at this time. However, the City Council may not act on the proposed amendments until the tribe review period is concluded. Given that the site is presently developed and that the no development is proposed at this time, staff does not anticipate any conflicts or need for monitoring by the tribes. If any comments are received from the tribes, they will be forwarded to the City Council for consideration. Summary The applicant has requested the amendment to allow retention of the existing commercial use and structure. The building was constructed prior to 1953. The laundromat use has been in existence for around 50 years and its 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 CV designation IN Beach Coin Laundromat Amendments (PA2011 -209) February 9, 2012 Page 9 does not appear to conflict with the General Plan or Coastal Land Use Plan or Coastal Act. Staff does not foresee any adverse environmental impacts with continued use. The approval of the General Plan Amendment to CV designation would not necessitate a vote of the electorate, as required by Section 423 of the City Charter. Alternatives The Planning Commission could also deny the application, retaining the existing land use designations as Two -Unit Residential (see Attachment No. PC 2 for draft Resolution for denial). Such action could require abatement of the existing nonresidential use in accordance with the provisions of Zoning Code Section 20.38.100 (Nonconforming Uses and Structures). Alternatively, the Planning Commission could recommend approval of a land use designation other than Visitor Serving Commercial. Environmental Review The proposed amendments are exempt since they do not entail any significant alteration to the subject property and will bring the General Plan Land Use, Coastal Land Use, 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; therefore, the project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Public Notice Notice of this application was mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant and posted on the subject property at least 10 days prior to the decision date, consistent with the provisions of the Municipal Code. Prepared by: bmitted by: 4 F rn I u rfo, Assistant Planner Brien a Wisneskil Deputy Director ATTACHMENTS U PC 1 Draft Resolution - Approval PC 2 Draft Resolution — Denial PC 3 Land Use Change Map PC 4 Charter Section 423 Analysis TmpR: 06/22/11 F:\Users\PLN \Shared \PA's \PAs - 2011NPA2011- 209NPA2011 -209 rpt.docx 41 42 City Council Attachment D Planning Commission Resolution No. 1869 43 Ca' RESOLUTION NO. 1869 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2011- 010, COASTAL LAND USE PLAN AMENDMENT NO. LC2011- 006, AND ZONING CODE AMENDMENT NO. CA2011 -013 FOR PROPERTY LOCATED AT 200 30TH STREET (PA2011 -209) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Pete Fenton, representing Beach Coin Laundry LLC, with respect to property located at 200 30"' Street, and legally described as Lot 1, Block 129 of the Lake Tract, requesting approval of a General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment. 2. The applicant proposes to change the General Plan Land Use Element category from Two -Unit Residential (RT) to Visitor Serving Commercial (CV), the Coastal Land Use Plan designation from Two -Unit Residential (RT -E) to Visitor Serving Commercial (CV- A), and the Zoning District from Two -Unit Residential (R -2) to Commercial Visitor - Serving (CV) for the subject property, which will result in the existing nonconforming commercial use becoming conforming. 3. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76 approving a comprehensive update to the Newport Beach General Plan ( "General Plan Update "), resulting in the land use designation of the subject property as Two- Unit Residential. 4. On November 13, 2007, the City Council adopted Resolution No. 2007 -71, approving Coastal Land Use Plan Amendment No. LC2007 -001 making the Coastal Land Use Plan consistent with the General Plan Update. The Coastal Land Use Plan designation for the property was Two -Unit Residential. 5. On January 28, 2008, the City Council adopted an ordinance (Ordinance No. 2008 -05) that established the maximum time period for the abatement and termination of nonconforming uses in residential districts. However, determinations of nonconformity could not be made until the finalization of the City's Local Coastal Plan (LCP), which occurred on July 14, 2009. 6. 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 two unit residential zoning designation of the subject property was changed from Two Family Residential (R -2) District to Two -Unit Residential (R -2). Since the use of the subject property is a 45 Planning Commission Resolution No. 1869 Facie 2 of 4 commercial use in a residential zone, it was subject to abatement in accordance with Ordinance No. 2008 -05. 7. The subject property is located within the coastal zone. The requested change of the Coastal Land Use Plan designation is from Two -Unit Residential (RT -E) to Visitor Serving Commercial (CV -A) and will not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission. 8. 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. 9. This is the third General Plan Amendment that affects Statistical Area B5 since the General Plan update in 2006. Although there is no increase in the number of dwelling units, the amendment results in 1;187.5 additional square feet of non - residential floor area. The additional floor area results in an increase of 2.68 AM peak hour trips and an increase 3.67 PM 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. 10. A public hearing was held on February 9, 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act ( "CEQA ") under Class 1 (Existing Facilities). 2. The proposed amendments are exempt since they do not entail alteration to the subject property and are bringing the General Plan land use designation, Coastal Land Use Plan designation and Zoning district into consistency with the exiting development and use of the property. 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. TmpIC 03108111 40 Planning. Commission Resolution No. 1869 Page 3 of 4 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. Zoning Code amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. 3. The amendments of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed Code Amendment to change the zoning of the subject property from Two -Unit Residential (R -2) to Visitor Serving Commercial (CV). 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 Commercial Visitor- Serving (CV) zoning district 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 -010, and Coastal Land Use Plan Amendment LC2011 -006, changing the designation from Two -Unit Residential (RT and RT -E) to Visitor Serving Commercial (CV and CV -A) and recommends approval of the request for Code Amendment No. CA2011 -012 changing the zoning designation from Two -Unit Residential (R -2) to Commercial Visitor- Serving (CV), affecting 200 301" Street, Statistical Area B5, and legally described as Lot 1, Block 129 of the Lake Tract, in the City of Newport Beach, County of Orange, State of California. 2. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner related (directly or indirectly) to City's approval of the proposed Beach Coin Laundry, LLC Property Amendments (PA2011 -209) including, but not limited to, General Plan Amendment No. GP2011 -010, Coastal Land Use Plan Amendment LC2011 -006, and Code Amendment No. CA2011 -013. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and Tmplt :.03108111 /f Planning Commission Resolution No. 1869 Page 4 of 4 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 9TH DAY OF FEBRUARY, 2012. AYES: Ameri, Hillgren, Myers, Toerge, and Tucker NOES: None. ABSTAIN: None. ABSENT: Kramer LOSE M Tmple 03/08/11 42 City Council Attachment E Draft Planning Commission Minutes, February 9, 2012 49 50 NEWPORT BEACH PLANNING COMMISSION MINUTES 02/09/2012 PUBLIC HEARING ITEMS ITEM .3 Weinberg Variance (PA2011 -207) 138 Via Xanthe Chair Toerge rAad the title to the aforementioned item, opened the public hearing and called for a report jr6m staff. Principal Planner J es Campbell presented details of the report addressing the project site, to Lion, size, side yard setback encroach= addition, existing conditions, second floor addition, site plan, height ' its, no direct window alignments, surrounding roperties, and elevations. He noted that staff feels that there ip, no detriment to abutting properties since the encroastment is in a limited area. Mr. Campbell referenced chan to Conditions of Approval No. 4, elimination of Condition o. 5 and a correction to Condition No. 7. Chair Toerge invited comments froiiv�the applicant on this item. Paul Weinberg, applicant, reported sub 'tting a larger project earlier but de modifications according to City staff suggestions. He opined that the scale an size of the project will fit w3K in the neighborhood. In response to an inquiry from Chair Toerge, Mr. Weinberg staN he had read the repo and was in agreement with all Conditions of Approval as modified. He referenced a public a \me nd confir d his agreement. Principal Planner Campbell reported receivinnde regard ing this item from one of the neighbors indicating support of the project. Chair Toerge invited members of the public who the Commission on this item, to come forward. Mary Pickens, neighbor, addressed previous mod' cations to th \dh hoped it will not take away from the aesthetics of the home. George Schroeder commented on the pro sal and felt the new be less bulky and less intrusive than most of the co nstruction occurring in the ea. He spoke in suppoct. No one else wished to address the mmission on this item and clo d the public hearing. Chair Toerge commented on th project and explained the benefiosed str tural elements and the need for a variance. Discussion followed regOrding no movement of the wall, setback requirements and possible 1 ues with access for emergency v/hicles. Motion made issioner Tucker and seconded by Vice Chair Hillgren, and carried (5 — 0) with ommissioner Kramer absen a resolution approving Variance No. VA2011 -010. AYES: Ameri, Hillgren, Myers, Toerge, and Tucker NOES None. AB NT(EXCUSED): Kramer TENTION: None. ITEM NO.4 Beach Coin Laundromat Amendments (PA2011 -209) 200 30th Street Chair Toerge read the title to the aforementioned item, opened the public hearing, and called for a report from staff. Assistant Planner Fern Nueno presented details of the proposed project and addressed existing conditions, adoption of the new Zoning Code in 2010 resulting in the required abatement of commercial uses in residential districts, and request from the applicant for a land use change in order to keep the existing Laundromat at that location. She addressed surrounding land uses, existing use and site conditions, the nonconforming structure, and recommendations. She noted that if approved, the item will go before City Council for review. Page 2 of 4 152 NEWPORT BEACH PLANNING COMMISSION MINUTES Chair Toerge invited the applicant to address the Commission on this item. 02/09/2012 David Jones, Attorney for the applicant, reported that his client has had the business for over 50 years. In addition Mr. Jones stated that it is his client's primary source of income, and his client is a hands -on owner. He addressed his client's recent investment in the business including security cameras. Finally, he added that the business serves an important service to the community and is used by 300 -400 people per week. In response to an inquiry from Chair Toerge, Mr. Jones affirmed reading and indicated acceptance of the draft resolution. Interested parties were invited to address the Commission on this item. George Schroeder spoke in support of the project, noting that it provides a much needed service to the community. He noted that there are no other coin - operated Laundromats in the area. Brenda Martin stated that she lives in the neighborhood near the Laundromat, that she polled other neighbors, and that they could not do without the Laundromat. No one else wished to address the Commission on this item and Chair Toerge closed the public hearing. Discussion followed regarding similar past issues, the vision for conversion to residential, minimizing nonconformities resulting from the new General Plan, the existence of a process for correcting impacts from the adoption of the General Plan, and the other uses that would be allowed if the amendments are approved. It was noted the project is not a variance, but amendments to the General Plan, Coastal Land Use Plan and Zoning Code. Motion made by Vice Chair Hillgren and seconded by Commissioner Myers, and carried (5 — 0) with Commissioner Kramer absent, to adopt a resolution recommending City Council approval of General Plan Amendment No. GP2011- 010, Local Coastal Plan Amendment No. LC2011 -006, and Code Amendment No. CA2011 -013. AYES: Ameri, Hillgren, Myers, Toerge, and Tucker NOES: None. ABSENT(EXCUSED): Kramer ABSTENTION: None. NO.5 Alternative Setback Determination (PA2012 -001) 1702 Park Avenue Chair Toerge rdNc the title to the aforementioned item, opened the public hearing and called for a report Assistant Planner Kay referenced distribution of a memorandum clarifying the Floor A Ratio (FAR) Analysis Table in the staff report and ribution of a copy of the complete site survey. She ented details of the report addressing location, original sub- i ' 'on of the area, re- orientation of the subject adjacent lots, setbacks, zoning code allowances, existing conditions, cent properties, required setbac applicant's requested setbacks, and recommended setbacks. In addition, she addressed buildable area an R upon application of the requested and recommended setbacks in comparison with and the R of typical Io the area. Interested parties were invited to address the Commis sio item. Bill Guidero addressed the Commission repre ing the applicant. H addressed previous similar projects and c istency with FAR's. George Schroeder project request as t regarding the recommended rear -yard how he determined the setbacks and and spoke in support of the Bill Guidero no the existing surrounding houses are encroaching in the rear setbacks as well. Dis on followed regarding the setbacks on the existing structure. Page 3 of 4 152 City Council Attachment F Section 423 Analysis Table 53 54 Seaeh Coln Laundromat Amendment (PA2011 -209) Charter Section 423 Analysis Propoeee Tohl squars Lmm- l Lmm- < Lune^t E,bSnBTramc lane uea Pwpw.a Pwpwae Trans una T 'do Otltlreea Oeecnplinn GP een¢Ita' Inlene11yl11oor ales 0eettlplbn Etlall ^O AM EalelinB PM Pwpwea GP een¢IW any. Floor Us. Oxcnind., PTp^eetl AM Prnp "eea PM qM LMnga PM LM1ange ¢earn MolnBea PREVIOUSLY APPROVED GENERAL PL9M AMENDMENT NO. O M10405- STATISTICAL AREA 05 6719 -s aimllol Nlly 1211 - Apeamenl Commamml blen"aa rele 2102 W. CCaan Front "petl wilhalwasbry MU.W2 1156 5d 0 51 AMA 62PM M1 be Per una) COmmemklhlenaetl GV 05 per CO "ncu POD A -18 n -0 D (Mep ID 4) I1- M1OIeITTa rate per Lounal POMy L18 (3A AM fl 1211 1591 395] (3 0 AM 80.O PM 1npc iD1P 1A09 3C4 -200 porymeK an ..'e p O PM Nps Poe I.OWS1 par 100Def) 3,]5bsq.areIrol lM is p2M- ApBMneM nea Commercialeat 23M W.d': nFmM (Map 1p 6l IullyaevebpetlniNelS� MU -W2 1 16i58LOm (051AMwarldM 0p¢pmw Pa h18naeoA per 616 R12 LV p$ 19l$ 1. pon until PaliyAlB 563 ]SD -051 -062 1 D rml"ndel Tie Nwry "n Reachwalk H"lel Countll Pick, 8 (3A AM &qo PM trip par 100Da1) 40 PM Npa PoeI.OWSH ,Me118.1 . Assioneard 21.5willa 2bolbl LS %230- (p Sf Ayo.52PM Inge per 33W Va LMO (Mep 1p2) 1ubAy enabpM witnalwo RM g DReaieanliaVCanaombbm 3.90 PBfi MU -W2 13 15.103 ante) S Lmnmarclal 51.Bi aSA] 4]�Bi05 09CR8 d 16103 a ry "My budding aso . TmmbouanotnUeMp 5dPM bkntlea rele perLpmcl insion". Irirys ,..It) PdmyA SM,V AM& 4.D PM epe per 1 Aseen Lea Pannone 3oleson quar®Iml bl as .naAOUlea, Conmatial Mantled nb 0]OLVW Park OC Map Iruy depebpea ad M1 MLLW3 peM1 "f LitlD unalbpbe, panof Liao PenMaula see Lltlo PenNa.h sublplel Ind Wee N Lido Pediall ylOUtletl In litl" CMOS D 16,525 per CCUnciI POIryA�18 UPI NA Nq N)ia) recleuranlshnpPoCn RM1'ma no^inwle aubbMl suMMel panda aubolel Penivula cuCOMI (30AM &OD PM 1nps par IW 496 NA NA .maalaa. "M D' 36 aweWnB uniuone o(Llrb unalWessud pan of sse LMO PeninaWe5uMM01 repaid In Lino bbuaea In LAO Resiean9eVCOneominum MDlltlo Park pr.(Map 1p 75) 89.Sw0'spabicelbl MU -W3 p Penimud Lla °Penkeula aubbM1l below Pees la auboal pearrany.,Lee, RM 34 au 34 OTwmlmuee (0.44AW0.5WM I'm per 15D 104 Nq NA NA NA c.bmul unA .,....aid, MMO 71D LAC Park Dr. (all 1p ic) 200ers"Pow yed rnan e0proaMek 980,3wi MU -W3 part of Lido .nalb®ka, paaof �nas.k Lido Pennsu6 wblolel ..led In Liao Pe"nsWe belueeb In Line AM 217 d, 21] OTOwnhouea ResidentiaVCOntlominium PIE 11]3 NA NA NA NA µrah lline PuSb�k Ind., bet below I'Loal Penluula auh"dl sell) N.SM1PM lrllr paz State"I, rearm¢ lacireea, ur.aseseea. " "a moka, waaf bMW.am LM" ed"marcul blended ray, 101551 snipyeraway (Map mper—anlm MG�W3 Penn., see Lido PanbwM w0lolal Pennsuk CM (en5maly%i81 0 139.Bd0 perco.A MI9 419.5 559.4 NA NA NA NA Ip ia) apP�k^nakly52]102 ere.roSl Site Peninwla a.bblel puoPenesule e.bbMl below apbMal personmwo Penimule aubolal oNo (3 D AMd 00 PM tape erinooa n9 - Reeia belrc.na.mi rawnar I1.1=rr Liao PeMns.k wmoPol M+ 150,3fis us ba reorder amp ar s]B5 ]51 M1 1sa.3as s]SS ]si0 0 0 0 0 Cou"'ial per c..nmpulpy Arty A (30AM fl AO PM Nos per I IL 000[ PREVRIUBLYMPNOVFD GENERFLPIAN AIEHDMEXTHO. GPM10 409 -BTATISTICAMEA 05 0MO Apammanl(a 51 0106 equarabol b11c AM 8062 No pro, per 33&3. 3359,33]] VIe L'vl "end 93]BNa Opodc (ally tlevel "pea wilha 4,105 spuaredool RM 3 OOdo N220- Apeamee re 51 AM8 PM Mp¢ per Ownan9 Unil) 153 186 MU�V d d,051DD un2)B Cdnmeroel intended rata at UPI id lD 1R69 126] 1883 1 005300 mercialhultling PMise 110(] O AM S 60 PM bps per l,AMb Prencers..ad —. 1.1 260 181526.5 Sol ne 260 100]52] 661 069 5010 "N 1 19,156 00% or Pmin.e Aareandmsnb 46A0 619] 1 IES2A PROPOSED GENERA PLAN PRUNDIMENT NO. salmofAf0- &TAILS CAAREAR9 2.]35 squareJCs It son- Comm lbknde0 A. M030lh till ...opa w'M all AS all arr'einer "mey're. PT 2 ReaiaanliaVL"ndominium T"xnho.x (044AMi0S4PM 085 1.08 CV 05 D 1,15]50 per COUnuI POIwy A 18 (3.0 AM 8d 0 PMbips 4.]5 258 15] 2 1,18].50 inmate Ireps Per bento e.r I do0a Tnlal hr80%nl pnvinue E3,H menemenls and plopa¢ee 6916 6556 0 16$12 A6 v 03/01/2013 Page 1 "f 1 50 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, March 27, 2012, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Beach Coin Laundromat Amendments - Amendments to the General Plan, Coastal Land Use Plan, and Zoning Code to change the designation of the property from Two -Unit Residential to Visitor Serving Commercial. The amendments were initiated by the property owner who seeks to continue the nonconforming commercial use of the property. The property is developed with a commercial building being used as a laundromat, and no new development is proposed at this time. On February 9, 2012, the Planning Commission conducted a public hearing on this item, and recommended City Council approval of the amendments. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949 - 644 -3227 or fnueno @newportbeachca.gov. Project File No.: PA2011 -209 Activity Nos.: CA2011 -013, GP2011 -010, and LC2011 -006 Zone: R -2 (Two -Unit Residential) General Plan: RT (Two -Unit Residential) Location: 200 30th Street Applicant: Pete Fenton Leilani Brown, City Clerk City of Newport Beach Existing Proposed General Plan Two -Unit Residential (RT) Visitor Serving Commercial CV Coastal Land Use Plan Two -Unit Residential RT-E) Visitor Serving Commercial CV Zoning Code Two -Unit Residential R -2 Visitor Serving Commercial CV) The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949 - 644 -3227 or fnueno @newportbeachca.gov. Project File No.: PA2011 -209 Activity Nos.: CA2011 -013, GP2011 -010, and LC2011 -006 Zone: R -2 (Two -Unit Residential) General Plan: RT (Two -Unit Residential) Location: 200 30th Street Applicant: Pete Fenton Leilani Brown, City Clerk City of Newport Beach COIN LAUNDRY BEACH PO BOX 1676 LAKE FOREST, CA 92609 Y c BEACH COIN LAUNDRY LLC C/O PETE FENTON 36 MAUCHLY, SUITE C IRVINE, CA 92618 {' �a6R do -dod asodxa jaded paai 01 awl 6uole puas ® V David D. Jones J.D. L.L.M. (Taxation) 195 South "C' Street, Ste. 250 Tustin, CA 92780 CREATED: 9-13-2011 (Fenton Property) e—A I &P PA2011 -070 ABATEMENT EXTENSI01 20030 TH STREET 047 072 23 CD #1 127 LABELS I' p09Ls aleldwal GAJanv as# �) slage7 ®laad (sea d MPl7iWm^YUUPY V• ii wxhr�w•N �r�l••°I. •°•- � � it E�vst�•�.m._nav a,•oyo.. o,.� =.f .s�•, •�i 8lK�1�7fls31� ����Ii��IF�i� .�y i� "yFv'r��(�� 939 710 30 MICHAEL JOHN BURNS JR. 216.5 30TH ST NEWPORT BEACH, CA 92663 BEACH COIN LAUNDRY LLC David D. Jones C/O PETE FENTON • J.D. L.L.M. (Taxation) 36 MAUCHLY, SUITE C 195 South "C" Street, Ste. 250 IRVINE, CA 92618 Tustin, CA 92780 CRAIG BATLEY WEST NEWPORT BEACH ASSN. 2901 NEWPORT BLVD. NEWPORT BEACH, CA 92663 David D. Jones David D. Jones J.D. L.L.M. (Taxation) J.D. L.L.M. (Taxation) 195 South "C" Street, Ste. 250 195 South "C" Street, Ste. 250 Tustin, CA 92780 Tustin, CA 92780 COIN LAUNDRY BEACH BEACH COIN LAUNDRY LLC CREATED: 9 -13 -2011 PO BOX 1676 C/O PETE FENTON LAKE FOREST, CA 92609 36 MAUCHLY, SUITE C (Fenton Property) CA /&P IRVINE, CA 92618 * pfF;t0)l- ;ioq Lc COIN LAUNDRY BEACH BEACH COIN LAUNDRY LLC PA2011 -070 ABATEMENT EXTENS101 PO BOX 1676 C/O PETE FENTON 20030 TH STREET LAKE FOREST, CA 92609 36 MAUCHLY, SUITE C 047 072 23 IRVINE, CA 92618 CD #1 127 LABELS MAW Taw @Aaww 0 �, ii i Use Aeery�j,, A=60QD r- 04707102 GALLO OF CORONA DEL MAR 3345 NEWPORT BLVD #203 NEWPORT BEACH, CA 92663 047 07108 PETER S RODGERS 42550 GRANADO PL TEMECULA, CA 92590 047 071 13 RICHARD GLASSMAN PO BOX 3476 NEWPORT BEACH, CA 92659 047 072 05 DREW M WETHERHOLT 217 30TH ST NEWPORT BEACH, CA 92663 047 072 10 KAUSHIK L MANEK 1350 W LAMBERT RD BREA, CA 92821 047 072 13 NBH HOLDINGS LLC 16485 LAGUNA CANYON RD #250 IRVINE, CA 92618 047 072 16 KATRINA JOHNSON 215 29TH ST NEWPORT BEACH, CA 92663 047 072 19 DAVID L HAMMOND 10 CALLE CABRILLO FOOTHILL RANCH, CA 92610 047 072 23 COIN LAUNDRY BEACH PO BOX 1676 LAKE FOREST. CA 92609 047 082 01 FRANCIS A URSINI 177 RIVERSIDE AVENUE F 1164 NEWPORT BEACH, CA 92663 vvvvvv.avdG��u I ®w a a v III ap uge a gMgT- a zoilda87- 800- GOYf�?/ERY i 5a I. is q 047 071 03 047 071 04 HOWARD K MINNICK DANIEL RALSKY 793 W 30TH ST 3010 BALBOA BLVD W SAN PEDRO, CA 90731 NEWPORT BEACH, CA 92663 047 071 09 047 071 12 W E& P J GARRETT JR. JEAN A LOWRY 209 30TH ST 3508 MARCUS AVE NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 047 071 15 047 072 04 CATELLUS NEWPORT LLC STEVEN C NICHOLSON 66 FRANKLIN ST #200 419 EL MODENA AVE OAKLAND, CA 94607 NEWPORT BEACH, CA 92663 047 072 06 047 072 09 RUBEN LOZANO FRED JAMES GALLUCCIO 3281 WASHINGTON AVE 2227 HEATHER LN COSTA MESA, CA 92626 NEWPORT BEACH, CA 92660 047 072 11 047 072 12 SARKIS H MEHTEMETIAN RALPH H REIMER 657 W HARVARD ST 15036 LOS ROBLES AVE GLENDALE, CA 91204 HACIENDA HEIGHTS, CA 91745 047 072 14 047 072 15 PETER H SW'ANBERG MARY A ROUSE 1423 W SAN BERNARDINO RD #E 522 SEAWARD RD COVINA, CA 91722 CORONA DEL MAR, CA 92625 047 072 17 047 072 18 SCOTT L ROTH BRIAN P PARK 217 29TH ST 219 29TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 047 072 21 047 072 22 MARTIN CLIFFORD STARK PO BOX 3707 6344 E ABBEYWOOD RD TUSTIN, CA 92781 ORANGE, CA 92867 047 081 18 047 081 19 RICHARD D MUSHEGAIN DONALD J CHAMBERS 14281 WHITTRAM AVE 123 31ST ST FONTANA, CA 92335 NEWPORT BEACH, CA 92663 047 082 02 047 082 03 C FRANK ZAVALA LEONARD J LOVALO 124 31ST ST — 2469 W STUART AVE NEWPORT BEACH, CA 92663 FRESNO, CA 93711 RaMWa- hasodxa me jadedpaaj ? �S�a.�e�e�et��lul@Sn Wok' VB6Wpuaa p apld Iv a&yas a ja a6wjnoggagBi gAe3 I Use Ave .. oifiidn 11N7�t 606 i w. -ir;e w �ae n ✓y.��e�y w e l o g f .zoaiy ld„ao.1- - ap ui ..-•-- ---• i o"ImM ala �(RP�5filib�'�� a salve; sauanbq 047 082 05 MARVIN KESSLER PO BOX 3935 CHATSWORTH, CA 91313 047 082 08 MARY L HYATT 110 31ST ST NEWPORT BEACH, CA 92663 047 082 19 LESLIE TATE FIELDS 10621 MORADA ORANGE, CA 92869 047 082 25 TRENT B SMITH 404 EVENING STAR LN NEWPORT BEACH, CA 92660 047 082 35 R & E MILLET 6410 SILVER MESA DR #F HIGHLANDS RANCH, CO 80130 047 082 40 CRAIG W BATLEY - PO BOX 15845 NEWPORT BEACH, CA 92659 047 083 07 AQUILA BERNARINO D 5235 MOUNTAIN SPRINGS RANCH RD LA VERNE, CA 91750 047 083 15 ANNE C WALKER 302 PINE AVE LONG BEACH, CA 90802 047 083 18 MITCHELL PROPERTIES LLC 4320 WILLOW TREE LN YORBA LINDA, CA 92887 047 083 21 LIDO HELFERICH 22061 CAPE MAY LN HUNTINGTON BEACH, CA 92646 '1 w1096 @x v ' wa0965 047 082 06 KEVIN GARY BEALE 114 31ST ST NEWPORT BEACH, CA 92663 047 082 09 THOMAS G LEWIS 21400 NASHVILLE ST CHATSWORTH, CA 91311 047 082 22 PHILIP ABRAMOWITZ 29475 WEEPING WILLOW DR AGOURA HILLS, CA 91301 047 082 28 SHARON L FISCHER 1223 CENTENNIAL AVE CAMARILLO, CA 93010 047 082 36 GEORGE E FOLTZ 15932 RIO FLORIDA DR WHITTIER, CA 90603 047 083 02 DOUGLAS E MANISTA 22460 MISSION HILLS LN YORBA LINDA, CA 92887 047 083 08 EDWARD M FITCH 2100 WINDWARD LN NEWPORT BEACH, CA 92660 047 083 16 RICHARD D DAUBEN 109 29TH ST NEWPORT BEACH, CA 92663 047 083 19 BONACIC PETER 10031 JON DAY DR HUNTINGTON BEACH, CA 92646 047 083 28 JEFFREY G & DIANE L HEIMSTAEDT 5503 SEASHORE DR NEWPORT BEACH, CA 92663 047 082 07 JOHN & H HYATT 5536 LOS ROBLES LA VERNE, CA 91750 047 082 18 JOY JEAN WITTE 5517 PASEO DEL LAGO E #1A LAGUNA WOODS, CA 92637 047 082 23 RAGAEI & MARTHA AYOUB 2710 N VISTA CIR ORANGE, CA 92867 047 082 31 LAURIE J TRIMBACH 127 30TH ST NEWPORT BEACH, CA 92663 047 082 39 MARIN -FINN 118 31ST ST NEWPORT BEACH, CA 92663 047 083 05 JACK BRESSON 112 30TH ST NEWPORT BEACH, CA 92663 047 083 09 JOHNSON 2255 GRACE ST RIVERSIDE, CA 92504 047 083 17 STAN LEDER 111 29TH ST NEWPORT BEACH, CA 92663 047 083 20 ROBERT LOWELL MARTIN 1064 LA MIRADA ST LAGUNA BEACH, CA 92651 047 083 30 ROBERT MENDEZ 126.5 30TH ST NEWPORT BEACH, CA 92663 y83AV�•09-00 'I, asodxa jaded paaj P €54i@� ±Ip%wfbsn l os� of au'I peas � p apld!'j a6eq�as a la a ejjnogy Use Aver} IPL�1 60e i w,Un-uu ,nu vu°, -I -IV nc, -----• --•_• puy �p��.Pa �i��pS Ygd�F)ai i w007 ane' lop ui ;e any�ey e� g zai�day0-800 -G4 YtY i l` =lala @ salhe; saylanbl�� 047 083 31 OCEAN #1 LLC 650 CAMINO DE GLORIA WALNUT, CA 91789 047 091 01 MICHAEL YOUNESSI 16033 BOLSA CHICA ST #104 -20 HUNTINGTON BEACH, CA 92649 047 09104 - LEONARD D STIMPSON 2055 ROSEMONT AVE #3 PASADENA, CA 91103 047 09107 EUGENE R & BOBBIE C ODOU 924 N DONER DR MONTEBELLO, CA 90640 047 09123 PHIL PEARLMAN 2001 N WESTWOOD AVE SANTA ANA, CA 92706 047 091 26 LINDA D HALLIDY 2864 ELLESMERE AVE COSTA MESA, CA 92626 047 09133, WILLIAM E WISELEY 108 29TH ST NEWPORT BEACH, CA 92663 047 101 03 CECELIA M DECRONA PO BOX 15553 NEWPORT BEACH, CA 92659 047 10106 TERI LU FERRIS ULLON 229 PHLOX AVE REDLANDS,CA 92373 047 101 10 BARBARA M BANDY 201 28TH ST NEWPORT BEACH, CA 92663 7ejo9Ls 0965 ®6a� ' w 2��16i 047 083 32 JOHN MCMORRIS 1841 W COOPER CT LA HABRA, CA 90631 047 091 02 JOHN P ELLIOTT 9210 E HACKAMORE DR SCOTTSDALE, AZ 85255 047 09105 LYNN E GERNERT 7232 MCCOOL AVE LOS ANGELES, CA 90045 047 091 08 HARLAN M LASSITER 114 29TH ST NEWPORT BEACH, CA 92663 047 091 24 ALBERT GENE PIZZO 2227 FRANCISCO DR NEWPORT BEACH, CA 92660 047 09131 LONG KIM PHAM 1529 BALBOA BLVD W NEWPORT BEACH, CA 92663 047 101 01 MARY LEE 219 29TH ST NEWPORT BEACH, CA 92663 047 101 04 WARREN S NISHIMOTO 13695 PASEO TERRANO SALINAS, CA 93908 047 101 07 HENRY MILLER 9018 BALBOA BLVD #212 NORTHRIDGE, CA 91325 047 101 11 CARROL G CLARK 203 28TH ST NEWPORT BEACH, CA 92663 047 083 33 PATRICK G THEODORA 120 30TH ST NEWPORT BEACH, CA 92663 047 09103 DAN L LAMB 124 29TH ST NEWPORT BEACH, CA 92663 047 09106 ARCH HEIGHTS INVESTMENTS PO BOX 1014 NEWPORT BEACH, CA 92659 047 091 22 PETER A WESNER 115 28TH ST NEWPORT BEACH, CA 92663 047 091 25 RICHARD H KRUSE 34392 STARBOARD LANTERN DANA POINT, CA 92629 047 09132 CAREN L HARRIS PO BOX 50505 IRVINE, CA 92619 047 101 02 KATS U M I I M OTO 552 JADE TREE DR MONTEREY PARK, CA 91754 047 10105 KENNETH E CARLSON 1750 WHITTIER AVE #79 COSTA MESA, CA 92627 047 101 08 LEO J LENOUE 18040 FLYNN DR #5204 CANYON COUNTRY, CA 91387 047 101 12 ROBERT! HIGGINS 2115 VIA AGUILA SAN CLEMENTE, CA 92673 +113AV-09-00 l asodxa jaded paa3 F ��€5 s@ J3 Sn wo5ff 0 a is j a6e 3as a ;a a ejjno giWgfNdu4fe3 I puas P. "� 4 9 tl i Use AderyWrp� I'Mtk600 i wiwi rwe,,,,•"°, =i+ =1711+ i ®uok G- MV01flIV V 51G0 1I wor�Gane•mmm i op ul ;e ainy)ey el g zallday1-800 -G@P• A�Y lad q salve; saganb13� .04710113 047 101 14 047 101 15 KCNB REALTY LLC LYLE H FAITH SANDRA CARRON 26895 ALISO CREEK RD #B309 134 W LIME AVE 28313 CHAMPIONSHIP DR ALISO VIEJO, CA 92656 MONROVIA, CA 91016 MORENO VALLEY, CA 92555 047 101 18 047 101 19 932 840 21 MARY ANNE WALSH EDWIN C ARNOLD TODD A LANDGREN 123 30TH ST 200 29TH ST 116 30TH ST #A NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 840 22 932 840 70 932 840 71 JAMES V & JENNIFER L CONDON DANIEL L DEWITT GRIGOLLA & SONS 116 30TH ST #B PO BOX 1857 PO BOX 949 ' NEWPORT BEACH, CA 92663 REDLANDS, CA 92373 AZUSA, CA 91702 932 840 72 932 840 73 932 840 76 PHILIP G HIRSCH K DIRK D & K BONDY ROBBIE BRITVICH 12129th Street 12129TH, ST #4 215 28TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 840 77 932 840 81 932 840 82 FRANK & NANCY S FERRI ERIK G YOUNG FRANK SMIDERIE 500 N BRAND BLVD #930 60 VISTA TIBURON DR 2041 N UKIAH WAY GLENDALE, CA 91203 TIBURON, CA 94920 UPLAND, CA 91784 932 840 83 933 940 41 939 710 01 BARRY SAYWITZ PROPERTIES LILA 1 MORGAN RON SEAGONDOLLAR II 4740 VON KARMAN AVE #1000 129 31ST ST #16 PO BOX 1921 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92659 939 710 02 939 710 05 939 710 06 MILO D COOK TAQUINO MARK WILLIAM OKAY 418 5 FERNWOOD ST 205 LAUREL AVE 128 VIA SAN REMO WEST COVINA, CA 91791 ARCADIA, CA 91006 NEWPORT BEACH, CA 92663 939 710 15 939 710 16 939 710 23 ISABEL REBECCA DALLAL GAGE S L CORPORATION SAMMI ANN NIELSEN 3008. BALBOA BLVD W 3101 W COAST HWY #312 220.5 30TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 939 710 24 939 710 25 939 710 26 STACY NIELSEN G & M MULTANI LP GURMEET S MULTANI 220.5 30TH ST 222 30TH ST 222.5 30TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 939 710 27 939 710 28 939 710 29 LYNNE M N NEAL JEROME REISS HUNTER B HAGENBUCH 214 30TH ST 214.5 30TH ST 216 30TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 o9Ms d Laanv-09 -008 -1 P @fflMR(�a2,3@P/APsn �® Oil��9a� o &)CIA asodxa jaded paaiapld a6ey�as a ;a a e��noq w,0965pAa�BAN I olaull uolepuas p I k Fj�'Q ®���e3 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, March 27, 2012, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Beach Coin Laundromat Amendments - Amendments to the General Plan, Coastal Land Use Plan, and Zoning Code to change the designation of the property from Two-Unit Residential to Visitor Serving Commercial. The amendments were initiated by the property owner who seeks to continue the nonconforming commercial use of the property. The property is developed with a commercial building being used as a Laundromat, and no new development is proposed at this time. On February 9, 2012, the Planning Commission conducted a public hearing on this item, and recommended City Council approval of the amendments. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949 -644 -3227 or fnueno @newportbeachca.gov. Project File No.: PA2011 -209 Activity Nos.: CA2011 -013, GP2011 -010, and LC2011 -006 Zone: R -2 (Two -Unit Residential) General Plan: RT (Two -Unit Residential) Location: 200 30th Street Applicant: Pete Fenton " Leilani Brown, City Clerk role City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, March 27, 2012, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Beach Coin Laundromat Amendments - Amendments to the General Plan, Coastal Land Use Plan, and Zoning Code to change the designation of the property from Two -Unit Residential to Visitor Serving Commercial. The amendments were initiated by the property owner who seeks to continue the nonconforming commercial use of the property. The property is developed with a commercial building being used as a laundromat, and no new development is proposed at this time. On February 9, 2012, the Planning Commission conducted a public hearing on this item, and recommended Citv Council approval of the amendments. Existing Proposed General Plan Two -Unit Residential RT Visitor Serving Commercial CV Coastal Land Use Plan Two -Unit Residential RT-E) Visitor Serving Commercial CV Zoning Code Two -Unit Residential R -2 Visitor Serving Commercial CV The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949 -644 -3227 or fnueno @newportbeachca.gov. Project File No.: PA2011 -209 Activity Nos.: CA2011 -013, GP2011 -010, and LC2011 -006 Zone: R -2 (Two -Unit Residential) General Plan: RT (Two -Unit Residential) Location: 200 30th Street Applicant: Pete Fenton " Leilani Brown, City Clerk role City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, March 27, 2012, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Beach Coin Laundromat Amendments - Amendments to the General Plan, Coastal Land Use Plan, and Zoning Code to change the designation of the property from Two -Unit Residential to Visitor Serving Commercial. The amendments were initiated by the property owner who seeks to continue the nonconforming commercial use of the property. The property is developed with a commercial building being used as a laundromat, and no new development is proposed at this time. On February 9, 2012, the Planning Commission conducted a public hearing on this item, and recommended Citv Council approval of the amendments. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (Cli Guidelines - Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949 - 6443227 or fnueno@newportbeachr,a.gov. Project File No.: PA2011 -209 Activity Nos.: CA2011 -013, GP2011 -010, and LC2011 -006 Zone: R -2 (Two -Unit Residential) General Plan: RT (Two-Unit Residential) Location: 200 30th Street Applicant: Pete Fenton Leilani Brown, City Clerk City of Newport Beach 4� +wsai Existing Proposed General Plan Two-Unit Residential RT Visitor Serving Commercial CV Coastal Land Use Plan Two -Unit Residential RT-E) Visitor Serving Commercial C Zoning Code Two -Unit Residential R -2 Visitor Serving Commercial C The project is categorically exempt under Section 15301, of the California Environmental Quality Act (Cli Guidelines - Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949 - 6443227 or fnueno@newportbeachr,a.gov. Project File No.: PA2011 -209 Activity Nos.: CA2011 -013, GP2011 -010, and LC2011 -006 Zone: R -2 (Two -Unit Residential) General Plan: RT (Two-Unit Residential) Location: 200 30th Street Applicant: Pete Fenton Leilani Brown, City Clerk City of Newport Beach 4� +wsai RECFNED CITY CLERK'S OFFICE AFFIDAVIT OF POSTING 21 OFFICE OF CiTY CLERK OTvC. 'URIBEPl,;H On "CA r-( In I u 2012, 1 posted the Notice of Public Hearing regarding: Beach Coin Laundromat Amendments PA2011 -209 Date of City Council Public Hearing: March 27, 2012 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH/COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Saturday, March 17, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on March 23, 2012 at Los Angeles, California flgmt& �Z Signature 31,;2-7 //,2- -7 __� `,2--_e� 7 REI-CEIVED LU12 MAR 28 AM y- 5:� CF ICE OF TIDE CITY CLERK CITY E = I ; ,"'JRT BEACH NOTICE OF PUB IC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, March 27, 2012, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Beach Coin Laundromat Amendments - Amendments to the General Plan, Coastal Land Use Plan, and Zoning Code to change the designation of the property from Two -Unit Residential to Visitor Serving Commercial. The amendments were initiated by the property owner who seeks to continue the nonconforming commercial use of the property. The property is developed with a commercial building being used as a laundromat, and no new development is proposed at this time. On February 9, 2012, the Planning Commission conducted a public hearing on this item, and recommended City Council approval of the amendments. Existing Proposed General Plan Two -Unit Residential (RT) Visitor Serving Commercial (CV Coastal Land Use Plan Two -Unit Residential (HPQVisitor Serving Commercial (CVj Zoning Code Two -Unit Residential (R-2) Visitor Serving Commercial (CV) The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov'on the Friday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949-644-3227 or fnueno@newportbeachca.gov. PmjAct File No.: PA2011-209 Activity Nos.: CA2011-013, GP2011.010, and LC2011.006 Zone: R-2 (rwo-Unit Residential) General Plan: RT (Two -Unit Residential) Location: 200 30th Street Applicant: Pete Fenton /s/ Leilani Brown, City Clerk City of Newport Beach City Council Resolution No. Page 5 EXHIBIT A ``��� 111111 161111111111 _. Mill I 1 11 !�� \ \ \ \� � \ \ \" � • • 111111. �1111�7J Existing Land Use: \ Two Unit Proposed Land Use(RT) ,\ \ \�\ \� 78 Visitor Seving Commercial (CV 0.5 FAR) `�' w +1i111tl1 ��ir /r�ii� J11tJftlJJJN = +r �i� /r - �JJ111JUlll�Jjfll lf1Jllt�gf 1 llJtl W v• • 11 li i-- City Council Resolution No. •.•- EXIBIT B ii�0 \\ \ \\ � \O \ \\ � \ \� \ \ \ \\ 11 ■1111 ■ ■� • � 1111111tl IIIIIIIII/ �` r 111/ Existing Land Use: Two -Unit Residential (RT Proposed Land Use: �• Visitor Serving Commercial (CV- A) \ \ \ \ \\ 1 �yj d�glq/ 4/ �uiiiiii /J tl,Jll!/llllRlr :g111111111�1p rt rt � . - • � rt •. • is all- I 1 1 ORDINANCE NO, 2012 - Page 4 Exhibit A ♦ � filll 1 Existing Zoning:`1'`i` I f Two -Unit Resedentral (R -2) ` Proposed Zoning: Commercial Visitor - Serving (CV C.5 FAR) ' `LV 0 250 500 0• Zoning ..- Amendment N 200 30th