The URL can be used to link to this page

Home My WebLink About2002-57 - GPA 2002-02 - Newport Shores - 205 Orange StreetRESOLUTION NO. 2002- 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2002 -002 AMENDING THE SECTION TITLED "NEWPORT SHORES (STATISTICAL AREA Bl)" WITHIN THE LAND USE ELEMENT OF THE GENERAL PLAN AND AMENDING THE LOCAL COASTAL PLAN PERTAINING TO THE DEVELOPMENT ALLOCATION FOR PROPERTY IDENTIFIED AS 205 ORANGE STREET (LOT NO. 5, SEASHORE COLONY TRACT) WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared; and WHEREAS, the Land Use Element sets forth objectives, supporting policies and limitations for development in the City of Newport Beach; and WHEREAS, the Land Use Element designates the general distribution and general location and extent of the uses of land and residential densities; and WHEREAS, the City's General Plan dictates that the City insure redevelopment of older or underutilized properties and preserve the value of property by allowing for some modest growth, while maintaining acceptable levels of traffic service, and the implementation of the proposed project will not result in an increase in traffic and parking, and will have a less than significant impact on the projected capacity and levels of service of the circulation system, therefore, the proposed project is consistent with this policy; and WHEREAS, the City's General Plan indicates that the City shall maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and undergrounding of utilities to ensure that the quality and character of residential neighborhoods are maintained and that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses. The proposed project is consistent with this policy; and WHEREAS, The Local Coastal Program Land Use Plan includes implementation guidelines that encourages refurbishment, remodeling and modest expansion of older, nonconforming buildings. The proposed project will result in the elimination of a nonconforming use that is compatible with surrounding residential land uses. The change of the land use designation of the subject property to Two Family Residential within the Local Coastal Plan shall only become effective upon the approval of Local Coastal Plan No. 2002 -001 by the California Coastal Commission; and, WHEREAS, in conjunction with the consideration of the subject amendment to the Land Use Element of the General Plan, the proposed project has been determined to be Categorically Exempt under the Class 3 (New Construction or Conversion of Small Structures) requirements of the California Environmental Quality Act (CEQA), and the State CEQA Guidelines; and, WHEREAS, the Planning Commission has held a duly noticed public hearing on August 8, 2002 to consider General Plan Amendment No. 2002 -002 and Local Coastal Plan Amendment No. 2002 -001, and recommended approval to the City Council; and, WHEREAS, the City Council held a duly noticed public hearing on September 10, 2002 to consider General Plan Amendment No. 2021 -023 and Local Coastal Plan Amendment No. 2002 -001. NOW THEREFORE the City Council of the City of Newport Beach does hereby resolve as follows: Section 1. The City Council finds that the proposed amendments are consistent with the intent of the General Plan. The project consists of a change in the land use designation from Retail & Service Commercial to Two - Family Residential and will result in an increase in the total number of residential dwelling units by two and a decrease in the commercial area by 1,275 square feet for the site. Section 2. Public and affected agencies have had ample opportunity to participate in the amendment process. The required public notification was provided for this application in accordance with City and State law. Section 3. All policies, objectives, and standards of the proposed amendment to the Certified Local Coastal Program, Land Use Plan conform to the requirements of the Coastal Act, including that the land use plan as amended is in conformance with and adequate to carry out the Chapter Three policies of the Coastal Act. The designation of the subject property is consistent with Chapter Three. The site does not abut the water. The site is insufficient in size to provide adequate off - street parking for non - residential uses. The site has residential development to the north, east and west. The designation of the subject site to Two Family Residential would be compatible and consistent with the surrounding uses and development in the area. The level and pattern of development proposed is reflected in the Land Use Plan, Zoning Code, and Zoning Map. Section 4. That Coastal Act policies concerning specific coastal resources, hazard areas, coastal access concerns, and land use priorities have been applied to determine the type, locations, and intensity of land and water uses. The site contains no coastal resources or hazards. The project will not interfere with the public's right of access to coastal resources as the site does not abut the Pacific Ocean, Newport Bay or other coastal resource. The site will not reasonably serve a public access function and additional access through the subject property is not needed. The resignation of the site to Two Family Residential will not interfere with the marinas, docking facilities or boating facilities in the area, since any new development must comply with the required on site parking standards setbacks, height and other related City regulations. Non- residential uses are not suitable for this site, given its small size and its location. The site is insufficient in size to provide adequate off - street parking for non - residential uses; therefore the Two Family Residential designation is the most appropriate use and intensity for the subject site. Section 5. A procedure has been established to ensure adequate notice of interested persons and agencies of impending development proposed after certification of the LCPA. The Local Coastal Plan Land Use Plan amendment shall be implemented in a manner fully in conformity with the Coastal Act, including proper notification. All new development will be subject to R -2 regulations of the City. Section 6. Zoning measures are in place (prior to or concurrent with the proposed amendment), which are in conformance with and adequate to carry out the coastal policies of the Land Use Plan. The City has rezoned the site to SP -4, Residential concurrent with the General Plan and Local Coastal Program, Land Use Plan applications to be consistent. Section 7. The City's certified Land Use Plan, including this amendment shall be implemented in a manner fully in conformity with the Coastal Act. Section 8. The Planning Director is hereby directed to submit Local Coastal Program Amendment No. 2001 -002 to the California Coastal Commission for review and approval. Section 9. The change of the land use designation of the subject property located at 205 Orange Street from Retail & Service Commercial to Two Family Residential; shall only become effective upon the approval of Local Coastal Program Amendment No. 2002 -002 by the California Coastal Commission. Section 10. Pursuant to Section 13518 of the California Code of Regulations this Land Use Plan amendment shall take effect automatically upon Coastal Commission action unless the Coastal Commission proposes suggested modifications. In the event that the Coastal Commission proposes revisions, this Land Use Plan amendment shall not take effect until the City Council adopts the Commission modifications and all the requirements of Section 13544 of the California Code of Regulations are met. Section 11. The amendments proposed under the application for General Plan Amendment No. 2002 -002 are approved, as shown in the Attachment No. 'W', and for Local Coastal Plan Amendment No. 2002 -001, referenced and incorporated herein, for the property identified as 205 Orange Street. This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 10`h day of September, 2002 by the following vote to wit: AYES, COUNCIL MEMBERS Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS Glover. Proctor � I MAYOR ATTEST: ATTACHMENT "A" All provisions of the Land Use Element of the General Plan remain unchanged except for the following paragraph within Statistical Area Bl: Newport Shores (Statistical Area BI) Newport Shores SAP. The Newport Shores Specific Area Plan includes commercial and residential areas along the north side of West Coast Highway between the Santa Ana River and the eastern bend of Seminiuk Slough. Land use designations within the plan area include Retail and Service Commercial and Two - Family Residential, with two large sites in the western end of the area shown for Multi- Family Residential land use. Areas designated for commercial use are limited to a floor area ratio of 0.5/0.75. Total residential development allocated is 293 295 dwelling units. Two - Family Residential areas allow two dwelling units per lot (with 2,000 sq.ft. of buildable lot area) and Multi - Family Residential areas allow two units for the first 2,400 sq.ft., plus one dwelling unit for each additional 1,500 sq.ft. of buildable lot area. ESTIMATED GROWTH FOR STATISTICAL AREA Bl Residential (in du's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth 1. Seminiuk Slough -0- -0- -0- -0- -0- -0- 2. Newport Shores 459 459 -0- -0- -0- -0- 3. Newport Shores SAP 203 293 99 104,198 121,723 17,323 255 92 120,448 16.250 TOTAL 662 7_54 98 104,198 121,723 17525 754 92 120,448 16250 Population 1,311 ', W 1-78 1,492 181 ATTACHMENT "B" All provisions of the Local Coastal Program Land Use Plan remain unchanged except for the following paragraph on Page 47 of the West Newport section of the Land Use Plan: Newport Shores 3. Newport Shores SAP. The Newport Shores Specific Area Plan includes commercial and residential areas along the north side of West Coast Highway between the Santa Ana River and the eastern bend of Seminiuk Slough. Land use designations within the plan area include Retail and Service Commercial and Two - Family Residential, with two large sites in the western end of the area shown for Multi - Family Residential land use. Areas designated for commercial use are limited to a floor area ratio of 0.5/0.75. Total residential development allocated is X93 295 dwelling units. Two - Family Residential areas allow two dwelling units per lot (with 2,000 sq.ft. of buildable lot area) and Multi - Family Residential areas allow two units for the first 2,400 sq.8., plus one dwelling unit for each additional 1,500 sq.8. of buildable lot area. ESTIMATED GROWTH FOR STATISTICAL AREA BI Residential (in dies) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth 1. Seminiuk Slough -0- -0- -0- -0- -0- -0- 2. Newport Shores 459 459 -0- -0- -0- -0- 3. Newport Shores SAP 203 293 90 104,198 121,;E23 11,523 295 92 120.448 16.250 TOTAL 662 a32 90 104,198 121,723 1-7;523 754 92 120.448 16.250 Population 1,311 -)-,489 1-79 ly 181 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2002 -57 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of September, 2002, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Absent: Glover, Proctor Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of September, 2002. (Seal) City Clerk Newport Beach, California