HomeMy WebLinkAbout03 - Beach Coin Laundromat Amendment - 2nd readingo�rEW�R� CITY OF
NEWPORT BEACH
City Council Staff Report Agenda Item No. 3
April 10, 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 Code Amendment (PA2011 -209)
ABSTRACT:
Amendment to the Zoning Map to change the zoning designation of the subject property
from Two -Unit Residential (R -2) to Commercial Visitor - Serving (CV). The Code
Amendment will be consistent with the General Plan and Coastal Land Use Plan
amendments that were unanimously approved at the March 27, 2012, City Council
meeting.
RECOMMENDATION:
Conduct second reading and adopt Ordinance No. 2012 -10 (Attachment A) approving
Code Amendment No. CA2011 -013.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Kimbe ly Brandt, AICP
Community Developme t Director
Attachments: A. Ordinance No. 2012 -10 with Exhibit
1
2
City Council
Attachment A
Ordinance No. 2012 -10 with Exhibit
3
11
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),
J
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
NO
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
NANCY GARDNER, MAYOR
ATTEST:
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
AARON HARP, CITY ATTO NEY� Z
7
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CA2011 -013 (PA2011 -209) Feet
Zoning Code Amendment
200 30th Street NLW
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10
4��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
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Subject Property
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GENERAL PLAN
ZONING
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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
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tp�l4i�y' ilrliillilin/ - r
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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►
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- 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
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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#
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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
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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
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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
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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�
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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
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.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
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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
City Council Resolution No.
Page 5
EXHIBIT A
``���
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Mill I 1 11
!�� \ \ \ \� � \ \ \" � • • 111111. �1111�7J
Existing Land Use: \
Two Unit
Proposed Land Use(RT) ,\ \ \�\ \� 78
Visitor Seving Commercial
(CV 0.5 FAR)
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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
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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
BEACHCOIN LAUNDROMAT
AMENDMENTS
200301h Street (PA201 1 -209)
City Council
Public Hearing
March 27, 2012
F4�
F
U
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wr1\
�LIF01Z�%
c'�
Vicinity Map
CV 0.5 FARO
Subject Property
200 30th Street
20
li
Development Standards
Front Setback 5'
Rear Setback 5'
Side Setbacks 3' and 3'
Maximum
Square 35230
Footage
Density /Units 2
Height Limit 24/29
Parking 2 per unit
Requirement
5'
10'
Sand 0'
1,187.5
M
26/31
5 spaces
(at 1/250)
a isting
1
40'
12" and 6"
1,175
00.49 FAR)
I
12'
4 spaces