HomeMy WebLinkAbout2.0_6501 and 6503 Seashore Code and LCP Amendments_PA2019-216CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
February 20, 2020
Agenda Item No. 2
SUBJECT: Amendment to Setback Map No. S-1A (PA2019-216)
Code Amendment No. CA2019-008
LCP Amendment No. LC2019-007
Revocation of Variance No. VA0012 and Modificaiton No. MD2343
SITE LOCATION: 6501 and 6503 Seashore Drive
APPLICANT: Pamela M. Dow, Trustee of the Feldman Family Administrative Trust
OWNER: Pamela M. Dow, Trustee of the Feldman Family Administrative Trust
PLANNER: David Blumenthal, AICP, Planning Consultant
949-644-3200 or dblumenthal@newportbeachca.gov
PROJECT SUMMARY
Amendments to Title 20 (Zoning Code) and Title 21 (Local Coastal Program
Implementation Plan) revising Setback Map No. S-1A to adjust the required setbacks for
the subject site. In conjunction with the amendments, the action would revoke Variance
No. VA0012 and Modification No. MD2343 previously authorized for the site permitting
setback encroachments for the existing dwelling. Although no new development is
proposed, the amendments would establish setbacks and buildable area applicable to
future development of the property comparable with other properties in the vicinity.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations)
of the CEQA Guidelines, because it has no potential to have a significant effect on
the environment; and
3) Adopt Resolution No. PC2020-002 recommending the City Council approve Code
Amendment No. CA2019-008 (Attachment No. PC 1).
4) Adopt Resolution No. PC2020-003 recommending the City Council authorize staff to
submit Local Coastal Program Amendment No. LC2019-007 to the California Coastal
Commission (Attachment No. PC 2).
5)Adopt Resolution No. PC2020-004 recommending the City Council revoke Variance
No. VA0012 and Modificaiton No. MD2343 (Attachment No. PC 3).
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Amendment to Setback Map No. S-1A
Planning Commission, February 20 2020
Page 2
VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE RT (Two Unit
Residential)
R-2 (Two-Unit
Residential)
Two-unit residential
dwelling
NORTH PR (Parks and
Recreation)
PR (Parks and
Recreation) West Newport Park
SOUTH RT R-2 Two-unit residential
dwelling
EAST RT R-2 Single-unit residential
dwelling
WEST RT R-2 Single-unit residential
dwellings
Subject Site
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Amendment to Setback Map No. S-1A
Planning Commission, February 20 2020
Page 3
Background
The property is currently developed with a residential duplex and 2 two-car garages
constructed in 1951 and expanded in 1979. The property has a complicated background
and the past decisions affecting the application of required setbacks is not entirely clear.
Pursuant to the 1950 Zoning Code, the subject property should have been subject to a
20-foot front setback adjacent to Walnut Street, a 3-foot side setback adjacent to
Seashore Drive, a 3-foot setback adjacent to the alley, and a 10-foot rear setback
adjacent to the westerly property line. However, development of the site relied on
Variance No. VA0012 (Attachment No. PC 4), which appears to have authorized a 3-foot
deviation to the rear setback along the westerly property line (i.e., provide a 7-foot rear
setback), with a condition that a 10-foot setback be maintained along the alley. Although
not mentioned in the variance, the duplex was also constructed with a 4-foot setback
adjacent to Walnut Street. Additionally, the duplex appears to have been constructed with
a 6-foot rear setback, in lieu of the authorized 7-foot setback. The setbacks authorized by
VA0012 were subsequently added to Districting Map 1 of a 1954 update to the Zoning
Code.
Figure 1 – Historic Districting Map 1 Comparison
1950 Districting Map Excerpt 1954 Districting Map Excerpt
Subject Site
Subject Site
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Amendment to Setback Map No. S-1A
Planning Commission, February 20 2020
Page 4
On December 19, 1978, Modification Permit No. MD2343 (Attachment No. PC 5) was
approved by the Modifications Committee authorizing a second floor addition and
alterations to the existing duplex, including a second floor encroachment of 5 feet into the
10-foot alley setback and 3 feet into the 3-foot setback adjacent to Seashore Drive. The
property was identified as nonconforming. A building permit was issued for the addition
(PC150-79) in 1979 and construction was completed in 1982.
As part of the 2010 Comprehensive Zoning Code Update, Districting Map 1 was replaced
with Setback Map S-1A (Attachment No. PC 6). The 10-foot alley setback and 3-foot
setback adjacent to the westerly property line was maintained on the setback map,
however, a zero setback was also added to the Seashore Drive property line consistent
with the zero setback applicable to other properties along Seashore Drive.
Figure 2 – Existing Setback Map
Project Description
Due to the complicated history and unique application of setbacks that are not consistent
with those applicable to the surrounding area, the applicant is requesting to amend Title
20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) revising
Setback Map No. S-1A such that the subject property’s setbacks match the other
properties in the area.
Subject Site
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Amendment to Setback Map No. S-1A
Planning Commission, February 20 2020
Page 5
The requested revision would result in a zero front setback from Seashore Drive, 4-foot
side setbacks from the westerly side property line and Walnut Street, and a 5-foot rear
setback abutting the alley.
Should the amendments be approved, it would render the previously approved
entitlements moot. The applicant is proposing to address the soon to be obsolete
entitlements by requesting the City revoke both Variance No. VA0012 and Modification
No. MD2343 upon implementation of the amendment to Setback Map No. S-1A.
DISCUSSION
Proposed Setbacks
The request would change Setback Map No S-1A (Attachment PC 7) to match the other
properties the area as illustrated in Figures 3 and 4. With this revision to the setback map,
the resulting setbacks applicable to the property would be zero front setback from
Seashore Drive; 4-foot side setback from Walnut Street; 4-foot side setback from the west
property line; and 5-foot rear setback from the alley.
Figure 3 – Surrounding Property Setbacks
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Amendment to Setback Map No. S-1A
Planning Commission, February 20 2020
Page 6
Figure 4 – Proposed Setback Map
According to City records, the existing duplex already complies with the proposed
setbacks; as such, this action does not create non-conforming structure despite the
complicated entitlement history described earlier. A comparison of the setbacks is as
follows in Table 1:
Table 1 – Comparison of Setbacks
Existing
Improvements
Current
Setback
Requirements
Proposed
Setback
Requirements
Front (Seashore Dr) 0’ 0’ 0’
Side (west property line) 6’ 3’ 4’
Side (Walnut St) 4’ 4’ 4’
Rear (alley) 5’ 10’ 5’
Although no change to the existing structure is being proposed at this time, the change
to the setback map would result in the following development standards applicable to the
property:
Subject Site
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Amendment to Setback Map No. S-1A
Planning Commission, February 20 2020
Page 7
Table 2 – Development Standards
Development Standard Proposed
Buildable Area
(lot minus setbacks)
2,607 square feet
Floor Area Limit
(2 x buildable)
5,214 square feet
Open Volume Area 391 square feet
In order to understand how this change compares to other properties in the area, staff
analyzed the Floor Area Limit ratio (Floor Area Limit/Lot Size) for the subject site and the
other properties on the south side of Seashore Drive, between Lugonia Street and Cedar
Street (Table 3). Since the properties on West Ocean Front are the same size and have
the same setbacks, they are only listed once. The analysis illustrates that the
amendments to the map will result in a development site that would be consistent with
the setbacks and floor area limit allowance of surrounding comparable lots. Furthermore,
should this request be approved, the property owner would be granted the same
development rights that other properties have in the area through the uniform application
of setbacks.
Table 3 – Property Comparison
Property Lot Size Floor Area Limit Ratio
Subject Property - Proposed 3,312 square feet 5,214 square feet 1.6
Subject Property - Existing 3,312 square feet 4,448 square feet 1.3
6401/6403 Seashore Drive 3,680 square feet 6,264 square feet 1.7
6407 Seashore Drive 1,642 square feet 2,332 square feet 1.4
6507 Seashore Drive 1,728 square feet 2,472 square feet 1.4
6511 Seashore Drive 1,728 square feet 2,472 square feet 1.4
104 Walnut Street 1,642 square feet 2,332 square feet 1.4
W. Ocean Front properties 2,250 square feet 3,120 square feet 1.4
Local Coastal Plan
Since the subject site is located within the Coastal Zone, an amendment to the Title 21
(Implementation Plan of LCP) is required. Amendments to the LCP must be reviewed and
approved by the City Council, with a recommendation from the Planning Commission,
prior to submitting the amendment request to the Coastal Commission. The Coastal
Commission is the final decision-making authority on amendments to the certified LCP.
Policy No. 2.2.1-1 of the Coastal Land Use Plan states, “Continue to allow redevelopment
and infill development within and adjacent to the existing developed areas in the coastal
zone subject to the density and intensity limits and resource protection policies of the
Coastal Land Use Plan.” The proposed project is consistent with this policy since it would
allow redevelopment of a site in an existing developed area. Future expansions would be
contained on the site and need to comply with all development standards of the LCP.
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Amendment to Setback Map No. S-1A
Planning Commission, February 20 2020
Page 8
Additionally, this change will not have an impact on public access or views to coastal
resources.
Environmental Review
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15305 under Class Class 5 (Minor Alterations in Land Use Limitations) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it is a minor
change to the setbacks (a land use limitation). The site does not have an average slope that
exceeds 20 percent and this action will not result in a change to the land use or density.
Furthermore, none of the exceptions listed in CEQA Guideline Section 15300.2 apply.
Public Notice
Notice of this hearing was published in the Daily Pilot, 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 ten days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
Prepared by: Submitted by:
ATTACHMENTS
PC 1 Draft resolution recommending the City Council approve Zoning Code Amendment
No. CA2019-008
PC 2 Draft resolution recommending the City Council authorize staff to submit Local
Coastal Program Amendment No. LC2019-007 to the California Coastal
Commission
PC 3 Draft resolution recommending the City Council revoke Variance No. VA0012 and
Modificaiton No. MD2343
PC 4 Variance No. VA0012
PC 5 Modification No. MD2343
PC 6 Existing Setback Map No. S-1A
PC 7 Proposed Setback Map No. S-1A
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Attachment No. PC 1
Draft resolution recommending approval of
Zoning Code Amendment No. CA2019-008
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RESOLUTION NO. PC2020-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY
COUNCIL ADOPTION OF ZONING CODE AMENDMENT NO.
CA2019-008 TO AMEND SETBACK MAP S-1A WEST NEWPORT
AS SET FORTH IN SECTION 20.80.040 (SETBACK MAPS) OF
THE NEWPORT BEACH MUNICIPAL CODE (PA2019-216)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Pamela Dow, Trustee for the Feldman Family Administrative
Trust (“Applicant”) with respect to amending Setback Map S-1A. Specifically, the request
is to amend the setbacks for property located at 6501/6503 Seashore Drive, Newport
Beach, CA 92663 and legally described as Lot 8, Block E of Tract No. 709, in the City
of Newport Beach, County of Orange, State of California, as per map recorded in Book
7, Page 25 of Miscellaneous Maps, in the Office of the County Recorder of Orange
County, APN No. 045-092-03 (“Property”).
2. The Applicant is requesting to amend Title 20 (Planning and Zoning) revising Setback
Map No. S-1A West Newport as set forth in Section 20.80.040 (Setback Maps) of the
Newport Beach Municipal Code (“NBMC”) such that the Property’s setbacks match the
other properties in the area. The revised setbacks will be zero from Seashore Drive
(front), four (4) feet from Walnut Street (side), four (4) feet from the west property line
(side), and five (5) feet from the alley (rear) (“Code Amendment”). This request also
includes a Local Coastal Program Amendment and a request to revoke the previous
land use entitlements (Variance No. VAR0012 and Modification No. MD2343).
3. The Property is designated RT (Two-Unit Residential) by the Land Use Element of the
City of Newport Beach General Plan (“General Plan”) and is located within the R-2 (Two-
Unit Residential) zoning district.
4. A public hearing was held on February 20, 2020, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, CA. A notice of time, place and purpose of the public
hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph
M. Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Code Amendment is categorically exempt from the California Environmental
Quality Act (“CEQA”) pursuant to Section 15305 under Class 5 (Minor Alterations in
Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14,
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Planning Commission Resolution No. PC2020-002
Page 2 of 4
Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment.
2. The Class 5 exemption applies to minor changes in land use limitations, such as
setbacks, provided the Property has an average slope that does not exceed 20 percent
and the changes does not result in change to the permitted land use or density. The Code
Amendment amends the setbacks on the relatively flat site; but does not change residential
use. The maximum number of allowed dwelling units on the property does not increase
beyond the existing two-units. Application of all development standards (height, parking,
etc.) remain the same with or without the project, thus the allowable intensity of
development is not altered.
3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines are not applicable. The Code Amendment location does not impact an
environmental resource of hazardous or critical concern, does not result in cumulative
impacts, does not have a significant effect on the environment due to unusual
circumstances, does not damage scenic resources within a state scenic highway, is not
a hazardous waste site, and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
1. The Code Amendment is consistent with the General Plan. The existing General Plan
Land Use Designation is RT (Two-Unit Residential), which is implemented with the R-2
(Two-Unit Residential) zoning. The action does not alter the zoning or land use
designation. It is a policy of the General Plan Policy (Policy No. 3.1) to, “Maintain
Newport Beach’s pattern of residential neighborhoods, business and employment
districts, commercial centers, corridors, and harbor and ocean districts.” This Code
Amendment is consistent with this policy since it will amend the Property’s setbacks to
be consistent with the other properties in the area; therefore, the Code Amendment will
allow redevelopment of and additions to the residential units in a manner that is
consistent with the other properties in the area.
2. The Code Amendment to Setback Map S-1A is consistent with Title 20 (Planning and
Zoning) of the NBMC, as it will not alter any other development standard or regulation.
Future development of the Property will continue to be a residential use and will be
required to comply with all other requirements set forth in Title 20.
3. An amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC
is also underway. The Code Amendment shall not become valid until approval of the
LCP amendment by the California Coastal Commission and adoption, including any
modifications suggested by the California Coastal Commission, and by resolution and/or
ordinance of the City Council of the City of Newport Beach, including any such
modifications.
4. The recitals provided in this resolution are true and correct and are incorporated into the
operative part of this resolution.
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Planning Commission Resolution No. PC2020-002
Page 3 of 4
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. This Code Amendment is categorically exempt from the California Environmental
Quality Act (“CEQA”) pursuant to Section 15305 under Class 5 (Minor Alterations in
Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment.
2. The Planning Commission of the City of Newport Beach hereby recommends the City
Council approve Code Amendment No. CA2019-008, to amend Section 20.80.040
Setback Map. No. S-1A West Newport of the Newport Beach Municipal Code as set forth
in Exhibit “A,” which is attached hereto and incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF FEBRUARY 2020.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chair
BY:_________________________
Lee Lowrey, Secretary
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Planning Commission Resolution No. PC2020-002
Page 4 of 4
EXHIBIT “A”
Zoning Code Amendment No. CA2019-008
16
Attachment No. PC 2
Draft resolution recommending approval of
submission of Local Coastal Program
Amendment No. LC2019-007
17
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RESOLUTION NO. PC2020-003
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY
COUNCIL AUTHORIZE STAFF TO SUBMIT LOCAL COASTAL
PROGRAM AMENDMENT NO. LC2019-007 TO THE CALIFORNIA
COASTAL COMMISSION TO AMEND SETBACK MAP S-1A
WEST NEWPORT AS SET FORTH IN SECTION 21.80.040
(SETBACK MAPS) OF THE NEWPORT BEACH MUNICIPAL
CODE (PA2019-216)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Pamela Dow, Trustee for the Feldman Family Administrative
Trust (“Applicant”) with respect to amending Setback Map S-1A. Specifically, the request
is to amend the setbacks for property located at 6501/6503 Seashore Drive, Newport
Beach, CA 92663 and legally described as Lot 8, Block E of Tract No. 709, in the City
of Newport Beach, County of Orange, State of California, as per map recorded in Book
7, Page 25 of Miscellaneous Maps, in the Office of the County Recorder of Orange
County, APN No. 045-092-03 (“Property”).
2. The Applicant is requesting to amend Title 21 (Local Coastal Program Implementation
Plan) revising Setback Map No. S-1A set forth in Section 21.80.040 (Setback Maps) of
the Newport Beach Municipal Code (“NBMC”) such that the Property’s setbacks match
the other properties in the area. The revised setbacks would change to zero from
Seashore Drive (front), four (4) feet from Walnut Street (side), four (4) feet from the west
property line (side), and five (5) feet from the alley (rear) (“LCP Amendment”). This
request also includes a Code Amendment and a request to revoke the previous land
use entitlements (Variance No. VAR0012 and Modification No. MD2343).
3. The Property is designated RT-E (Two-Unit Residential) by the City of Newport Beach
Local Coastal Program Coastal Land Use Plan (“Coastal Land Use Plan”) and is located
within the R-2 (Two-Unit Residential) coastal zoning district.
4. Pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5,
Chapter 8, draft LCP Amendment was made available and a Notice of the Availability
was distributed a minimum of six (6) weeks prior to the anticipated final action date.
5. A public hearing was held on February 20, 2020, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, CA. A notice of time, place and purpose of the public
hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph
M. Brown Act”), Section 13515(d) of the California Code of Regulations Title 14, Division
5.5, Chapter 8 and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this public
hearing.
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Planning Commission Resolution No. PC2020-003
Page 2 of 5
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is categorically exempt from the California Environmental Quality Act
(“CEQA”) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use
Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3 and California Public Resources Code Section 21080.9 because it has no
potential to have a significant effect on the environment, and CEQA is not applicable to
activities and approvals by a local agency for the adoption of local coastal programs.
2. The Class 5 exemption applies to minor changes in land use limitations, such as
setbacks, provided the Property has an average slope that does not exceed 20 percent
and the changes does not result in change to the permitted land use or density. The Code
Amendment amends the setbacks on the relatively flat site; but does not change residential
use. The maximum number of allowed dwelling units on the property does not increase
beyond the existing two-units. Application of all development standards (height, parking,
etc.) remain the same with or without the project, thus the allowable intensity of
development is not altered.
3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines are not applicable. The Project location does not impact an environmental
resource of hazardous or critical concern, does not result in cumulative impacts, does
not have a significant effect on the environment due to unusual circumstances, does not
damage scenic resources within a state scenic highway, is not a hazardous waste site,
and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
1. The LCP Amendment is consistent with the General Plan of the City of Newport Beach
(“General Plan”). The existing General Plan Land Use Designation is RT (Two-Unit
Residential), which is implemented with the R-2 (Two-Unit Residential) zoning. The
action does not alter the zoning or land use designation. It is a policy of the General
Plan Policy (Policy No. 3.1) to, “Maintain Newport Beach’s pattern of residential
neighborhoods, business and employment districts, commercial centers, corridors, and
harbor and ocean districts.” The LCP Amendment is consistent with this policy since it
will amend the site setbacks to be consistent with the other properties in the area;
therefore, the LCP Amendment will allow redevelopment of and additions to the
residential units in a manner that is consistent with the other properties in the area.
2. Policy No. 2.2.1-1 of the Coastal Land Use Plan states, “Continue to allow
redevelopment and infill development within and adjacent to the existing developed
areas in the coastal zone subject to the density and intensity limits and resource
protection policies of the Coastal Land Use Plan.” The LCP Amendment is consistent
with this policy since it would allow redevelopment of a site in an existing developed
area. Future expansions would be contained on the Property and need to comply with
all development standards. Additionally, this change will not have an impact on public
access or views to coastal resources.
20
Planning Commission Resolution No. PC2020-003
Page 3 of 5
3. The LCP Amendment to Setback Map S-1A is consistent with all other portions of Title
21 (Local Coastal Program Implementation Plan) of the NBMC, as it will not alter any
other development standard or regulation. Future development of the Property will
continue to be a residential use and will be required to comply with all other requirements
set forth in the Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan) of the NBMC.
4. The LCP Amendment shall not become effective until approval by the California Coastal
Commission and adoption, including any modifications suggested by the California
Coastal Commission, and by resolution and/or ordinance of the City Council of the City
of Newport Beach including any such modifications.
5. The LCP, including the proposed amendment, will be carried out fully in conformity with
the California Coastal Act as set forth in California Public Resources Code Section
30500 et seq.
6. The recitals provided in this resolution are true and correct and are incorporated into the
operative part of this resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. This Project is categorically exempt from the California Environmental Quality Act
(“CEQA”) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use
Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3 and California Public Resources Code Section 21080.9 because it has no
potential to have a significant effect on the environment, and CEQA is not applicable to
activities and approvals by a local agency for the adoption of local coastal programs.
2. The Planning Commission of the City of Newport Beach hereby recommends the City
Council authorize staff to submit Local Coastal Program Amendment No. LC2019-007, to
amend Section 21.80.040 Setback Map. No. S-1A West Newport of the Newport Beach
Municipal Code as set forth in Exhibit “A,” which is attached hereto and incorporated herein
by reference, to the California Coastal Commission.
PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF FEBRUARY 2020.
AYES:
NOES:
ABSTAIN:
ABSENT:
21
Planning Commission Resolution No. PC2020-003
Page 4 of 5
BY:_________________________
Peter Koetting, Chair
BY:_________________________
Lee Lowrey, Secretary
22
Planning Commission Resolution No. PC2020-003
Page 5 of 5
EXHIBIT “A”
Local Coastal Plan Amendment No. LC2019-007
23
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Attachment No. PC 3
Draft resolution recommending the City
Council revoke Variance No. VA0012 and
Modificaiton No. MD2343
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RESOLUTION NO. PC2020-004
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY
COUNCIL REVOKE VARIANCE NO. VA0012 AND
MODIFICATION NO. MD2343 APPROVING SETBACKS FOR THE
PROPERTIES LOCATED AT 6501/6503 SEASHORE DRIVE THAT
WILL NOT LONGER BE NECESSARY UPON AMENDMENT OF
SECTIONS 20.80.040 (SETBACK MAPS) AND 21.80.040
(SETBACK MAPS) OF THE NEWPORT BEACH MUNICIPAL
CODE (PA2019-216)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Pamela Dow, Trustee for the Feldman Family Administrative
Trust (“Applicant”) with respect to amending Setback Map S-1A West Newport as set
forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) of the
Newport Beach Municipal Code (“NBMC”). Specifically, the request is to amend the
setbacks for property located at 6501/6503 Seashore Drive, Newport Beach, CA 92663
and legally described as Lot 8, Block E of Tract No. 709, in the City of Newport Beach,
County of Orange, State of California, as per map recorded in Book 7, Page 25 of
Miscellaneous Maps, in the Office of the County Recorder of Orange County, APN No.
045-092-03 (“Property”).
2. Variance No. VA0012 was approved by the City Council on April 23, 1951, granting a
three (3) foot deviation to a required ten (10) foot setback. Modification No. MD2343
was approved by the Modification Committee on December 19, 1978, allowing a
second-story addition to provide a five (5) foot setback from the alley and a zero setback
from Seashore Drive.
3. The Applicant is requesting an amendment to Title 20 (Planning and Zoning) and Title
21 (Local Coastal Program Implementation Plan) revising Setback Map No. S-1A West
Newport as set forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback
Maps) such that the Property’s setbacks match the other properties in the area. The
revised setbacks will be zero from Seashore Drive (front), four (4) feet from Walnut
Street (side), four (4) feet from the west property line (side), and five (5) feet from the
alley (rear) (“Code and LCP Amendments”). The amendment to the setback map will
render the previous entitlements moot. Accordingly, the Applicant is also requesting to
revoke Variance No. VA0012 and the Modification No. MD2343 once the Code and LCP
Amendment go into effect.
4. The Property is designated RT (Two-Unit Residential) by the City of Newport Beach
General Plan Land Use Element and is located within the R-2 (Two-Unit Residential)
zoning district. The Property is also designated RT-E (Two-Unit Residential) by the City
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Planning Commission Resolution No. PC2020-004
Page 2 of 3
of Newport Beach Local Coastal Program Coastal Land Use Plan (“Coastal Land Use
Plan”) and is located within the R-2 (Two-Unit Residential) coastal zoning district.
5. A public hearing was held on February 20, 2020, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, CA. A notice of time, place and purpose of the public
hearing was given in accordance with the Government Code Section 54950 et seq.
(“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the Newport
Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The recommendation to City Council to revoke/terminate Variance No. VA0012 and
Modification No. MD2343 is categorically exempt from under the California
Environmental Quality Act (“CEQA”) pursuant to Section 15305 under Class 5 (Minor
Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment. Additionally, the termination of Variance No.
VA0012 and Modification No. MD2343 that are no longer required is not a project
according to Section 15378 of the CEQA Guidelines.
2. The Class 5 exemption applies to minor changes in land use limitations, such as
setbacks, provided the Property has an average slope that does not exceed 20 percent
and the changes does not result in change to the permitted land use or density. The
elimination of entitlements that are no longer necessary because it does not change the
residential use, nor does it increase the density beyond the existing two units.
3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines are not applicable. The Project location does not impact an environmental
resource of hazardous or critical concern, does not result in cumulative impacts, does
not have a significant effect on the environment due to unusual circumstances, does not
damage scenic resources within a state scenic highway, is not a hazardous waste site,
and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
1. Variance No. VA0012 granted a three (3) foot deviation to a ten (10) foot setback on the
west side of the property and Modification No. MD2343 allowed a second-story addition
to provide a five (5) foot setback from the alley and a zero setback from Seashore Drive.
Since approval of these entitlements, the setback map has been revised to allow the
zero setback on the south side of Seashore Drive. The Applicant is also requesting that
the setback map be revised to allow the default side setbacks of four (4) feet from the
east and west property lines, and a rear setback of five (5) feet from the alley side of the
property. Upon the effective date of amendments to the setback map, S-1A West
Newport, set forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps)
of the NBMC Variance No. VA0012 and Modification No. MD2343 will no longer be
necessary. As the existing structures would comply with the revised setbacks by way of
28
Planning Commission Resolution No. PC2020-004
Page 3 of 3
the NBMC. Based on this change to Setback Map No. S-1A, the circumstances in which
the entitlements were approved have changed and the original findings in support of
these entitlements will no longer be valid.
2. The recitals provided in this resolution are true and correct and are incorporated into the
operative part of this resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The recommendation to City Council to revoke/terminate Variance No. VA0012 and
Modification No. MD2343 is categorically exempt from under the California Environmental
Quality Act (“CEQA”) pursuant to Section 15305 under Class 5 (Minor Alterations in Land
Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3, because it has no potential to have a significant effect on the environment.
Additionally, the termination of project entitlements that are no longer required is not a
project according to Section 15378 of the CEQA Guidelines.
2. The Planning Commission of the City of Newport Beach hereby recommends the City
Council revoke Variance No. VA0012 and Modification No. MD2343, upon California
Coastal Commission approval followed by City Council adoption of the final ordinance for
the LCP Amendment (LC2019-007), thereby rendering Variance No. VA0012 and
Modification No. MD2343 moot.
PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF FEBRUARY 2020.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chair
BY:_________________________
Lee Lowrey, Secretary
29
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Attachment No. PC 4
Variance No. VA0012
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Attachment No. PC 5
Modification No. MD2343
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Attachment No. PC 7
Proposed Setback Map No. S-1A
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Attachment No. PC 6
Existing Setback Map No. S-1A
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700458105200530052000 250125Feet S-1A - West NewportSetback MapDRAFT 53
From:Devin Lucas
To:Planning Commissioners
Subject:Thursday"s Item No. 2 - 6501 and 6503 Seashore Drive - invitation for tour
Date:Saturday, February 15, 2020 1:38:10 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Commissioners, Mr. Jurjis, and To Whom It May Concern:
My name is Devin Lucas, the representative and legal counsel for the applicant of this matter,
Mrs. Pamela Dow, Trustee of the Feldman Family Administrative Trust. Please let me know
if you have any questions about the pending application. We have reviewed the staff report
and thank the staff for its detailed review and recommendations, to which we concur. If
anyone would like to tour the property, or has any questions, please call or write anytime. My
direct line is below. Thank you again for your time and consideration, I look forward to
seeing you at Thursday's hearing or anytime prior.
Thank you,
-Devin
Lucas Real Estate
Real Estate Law & Transactions
lucas-real-estate.com | devin@lucas-real-estate.com
949.478.1623 office | 949.478.1135 direct | 888.667.6038 fax
2901 West Coast Highway Suite 200
Newport Beach | California | 92663-4023
Planning Commission -February 20, 2020
Item No. 2a Additional Materials Received
Amendment to Setback Map No. S-1A (PA2019-216)
Amendment to Setback
Map S-1A
6501 Seashore Drive
Planning
Commission
Planning
Commission
February 20, 2020
Planning Commission - February 20, 2020
Item No. 2b Additional Materials Presented At Meeting - Staff
Amendment to Setback Map No. S-1A (PA2019-216)
Introduction
Request to amend Setback Map S-1A
Code Amendment & LCP Amendment
Intent: consistency with other properties
Community Development Department -Planning Division 2
Planning Commission - February 20, 2020
Item No. 2b Additional Materials Presented At Meeting - Staff
Amendment to Setback Map No. S-1A (PA2019-216)
Vicinity Map
Community Development Department -Planning Division 3
Planning Commission - February 20, 2020
Item No. 2b Additional Materials Presented At Meeting - Staff
Amendment to Setback Map No. S-1A (PA2019-216)
Aerial
Community Development Department -Planning Division 4
Planning Commission - February 20, 2020
Item No. 2b Additional Materials Presented At Meeting - Staff
Amendment to Setback Map No. S-1A (PA2019-216)
Background
1950 Zoning Code
20’ Front Setback (Walnut)
3’ Side Setback (Seashore & Alley)
10’ Rear Setback
Community Development Department -Planning Division 5
Variance VA0012
Approved 1951
7’ Rear Setback
Built with 6’ Setback
10’ Alley Side Setback
1950 District Map
1954 District Map
Planning Commission - February 20, 2020
Item No. 2b Additional Materials Presented At Meeting - Staff
Amendment to Setback Map No. S-1A (PA2019-216)
Background
Community Development Department -Planning Division 6
Modification MD2343
Approved 1978
Zero Side Setback for Seashore
5’ Alley Side Setback (2nd Floor Only)
2010 Districting Map was replaced
with Setback Map S-1A
Planning Commission - February 20, 2020
Item No. 2b Additional Materials Presented At Meeting - Staff
Amendment to Setback Map No. S-1A (PA2019-216)
Community Development Department -Planning Division 7
Existing Setback Map S-1A
Subject Site
Planning Commission - February 20, 2020
Item No. 2b Additional Materials Presented At Meeting - Staff
Amendment to Setback Map No. S-1A (PA2019-216)
View from
Seashore
Community Development Department -Planning Division 8
Planning Commission - February 20, 2020
Item No. 2b Additional Materials Presented At Meeting - Staff
Amendment to Setback Map No. S-1A (PA2019-216)
View of Alley
Community Development Department -Planning Division 9
Planning Commission - February 20, 2020
Item No. 2b Additional Materials Presented At Meeting - Staff
Amendment to Setback Map No. S-1A (PA2019-216)
Community Development Department -Planning Division 10
Proposed Setback Map S-1A
Subject Site
Planning Commission - February 20, 2020
Item No. 2b Additional Materials Presented At Meeting - Staff
Amendment to Setback Map No. S-1A (PA2019-216)
Comparison
Comparison of Setbacks
Existing
Improvements
Current
Setback
Requirements
Proposed
Setback
Requirements
Front (Seashore Dr)0’0’0’
Side (west property line)6’3’4’
Side (Walnut St)4’4’4’
Rear (alley)5’10’5’
Community Development Department -Planning Division 11
Planning Commission - February 20, 2020
Item No. 2b Additional Materials Presented At Meeting - Staff
Amendment to Setback Map No. S-1A (PA2019-216)
Surrounding
Setbacks
Community Development Department -Planning Division 12
Planning Commission - February 20, 2020
Item No. 2b Additional Materials Presented At Meeting - Staff
Amendment to Setback Map No. S-1A (PA2019-216)
For more
information
Contact
Questions?
David Blumenthal, AICP
949-644-3204
dblumenthal@newportbeachca.gov
www.newportbeachca.gov
Community Development Department -Planning Division 13
Planning Commission - February 20, 2020
Item No. 2b Additional Materials Presented At Meeting - Staff
Amendment to Setback Map No. S-1A (PA2019-216)