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HomeMy WebLinkAbout07 - GPA 91-2 - 407 Bolsa Avenueo4a�W�R,� CITY OF NEWPORT BEACH Hearing Date. COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: = i'n PLANNING DEPARTMENT Staff Person: 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL PROJECT: 407 Bolsa Avenue Vance Collins and Ian Fettes (applicants) January 25, 2000 22 Patricia L. Temple (949) 644 -3200 SUMMARY. A general plan amendment to change the land use designation from Retail and Service Commercial to Two - Family Residential, to allow for the construction of attached two- family residential subdivision. The application includes: • amending Specific Plan No. 9 boundary to remove the two lots from the specific plan; • amending Districting Map No. 25 to reclassify the property from the SP- 9 (RSC) District to R -2 -PRD District; • a use permit for a planned residential development; • a variance to waive PRD Overlay District property development regulations related to lot coverage, the requirement that the development shall be bounded on all sides by public streets, and on -site guest parking; • a tentative tract map to create six parcels and allow them to be used for condominium purposes; • a modification permit to allow: • a 2 -foot encroachment into the 4 -foot side yard setbacks with a fireplace woodbox; and • a 2 -foot, 6 -inch second floor building encroachment into the rear 10- foot setback area; and • property line walls ranging from 6 feet up to 12 feet in height in the front and side setback areas where the Zoning Code limits the height of walls and fences to 3 feet in the front setback and 6 feet in the side and rear setbacks; and an exception from the requirements of Section 19.20 of the Subdivision Code (Design Standards), to allow the creation of commercial lots without the required 30 foot alley at the rear of the property and the creation of one lot that does not abut a street. ACTION: Conduct public hearing; and: Adopt Resolution 2000m General Plan Amendment No. 91- 2; and Introduce Ordinance No. 2000m.' regarding Amendment No. 897, and Sustain the action of the Planning Commission and approve the applications related to the amendments, subject to the Findings, Conditions, as modified by the Planning Commission: • Use Permit No. 3668 • Variance No. 1235 • Tentative Tract Map No. 15981 Planning Commission Recommendation At its meeting of January 6, 2000, the Planning Commission voted (all ayes) to recommend approval of the applications related to the construction of an 8 unit condominium development in the Newport Heights area, and the creation of 2 commercial lots in the Old Newport Boulevard Specific Plan. To ensure that an access easement for the condominium development is properly established and maintained, Condition No. 3, which requires the 20 foot access easement, was modified by the Planning Commission to specify recordation requirements, review of easement documents by the City Attorney's Office, and documentation of recordation prior to the issuance of a building permit. The revised condition of approval is included in the excerpt Planning Commission's meeting minutes attached for the Council's review. A copy of the staff report prepared for the Planning Commission is also attached. Submitted by: Prepared by: SHARON Z. WOOD PATRICIA L. TEMPLE Assistant City Manager Planning Director i - �12 1 141(4-2 Attachments: Staff Report to the Planning Commission Resolution Ordinance Excerpt of January 6, 2000 Planning Commission Meeting Minutes Planning Commission Resolutions Letter from Applicant Site Plan, Floor Plan, Landscape Plan and Elevations Page 2 4 �E`w PoRr C � U S CITY OF NEWPORT BEACH COMMUNITYand ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644-3200: FAX (949) 644-3250 Hearing Date; Agenda Item No.: Staff Person; Period: REPORT TO THE PLANNING COMMISSION SUBJECT: 407 Bolsa Avenue Vance Collins and Ian Fettes (applicants) January 6, 2000 Marc Myers (949) 644 -3210 14 days SUMMARY: A general plan amendment to change the land use designation from Retail and Service Commercial to Two - Family Residential, to allow for the construction of attached two - family residential subdivision. The application includes: • amending Specific Plan No. 9 boundary to remove the two lots from the specific plan; • amending Districting Map No. 25 to reclassify the property from the SP- 9 (RSC) District to R -2 -PRD District; • a use permit for a planned residential development; • a variance to waive PRD Overlay District property development regulations related to lot coverage, the requirement that the development shall be bounded on all sides by public streets, and on -site guest parking; • a tentative tract map to create six parcels and allow them to be used for condominium purposes; • a modification permit to allow: ■ a 2 -foot encroachment into the 4 -foot side yard setbacks with a fireplace woodbox; and ■ a 2 -foot, 6 -inch second floor building encroachment into the rear 10- foot setback area; and ■ property line walls ranging from 6 feet up to 12 feet in height in the front and side setback areas where the Zoning Code limits the height of walls and fences to 3 feet in the front setback and 6 feet in the side and rear setbacks; and ■ an exception from the requirements of Seciton 19.20 of the Subdivision Code (Design Standards), to allow the creation of commercial lots without the required 30 foot alley at the rear of the property and the creation of one lot that does not abut a street. ACTION: Recommend to the City Council approval of the proposed project: Adopt Resolution No. _, regarding General Plan Amendment 91 -2; Adopt Resolution No. ,regardingAmendmentNo.894; Approve the following related application subject to the Findings and . Conditions in Exhibit "A" • Use Permit No. 3668 • Variance No. 1235 • Tentative Tract Map No. 15981 • Modification No. 4954 LEGAL DESCRIPTION: Lots 3,4, 5 and 6, Block 6, Tract 27 ZONE: SP -9 RSC (Old Newport Boulevard Specific Area Plan) OWNERS: Vance Collins and Ian Fettes, Newport Beach Points and Authori ty Conformance with the General Plan and Zoning Code • The Land Use Element of the General Plan designates the site for 'Retail and Service Commercial" uses. The application involves a request to change the land use and zoning designation from commercial to residential. The proposed Two Family Residential land use designation and R -2 District allows two family residential development as a permitted use. The proposed project complies with all R -2 District property development regulations with the exception of rear setback yards and the encroachment of 4 -foot wide built -in fireplace woodboxes into the side yard setback areas, which are proposed to be modified as part of the project. Environmental Compliance (California Environmental Quality Act) It has been determined that this project is categorically exempt under Class 3 (New Construction or Conversion of Small Structures) requirements of the California Environmental Quality Act. Tentative tract man, use permit. and variance, modification permit, and amendment procedures and requirements are set forth in Chapters 19.12 20.91 20.93 and 20 94 respectively, of the Municipal Code General Plan Amendment 91 -2 Amendment No. 894 January 6, 2000 Page,Y 41 • 0 E VICINITY MAP Rr, Y f ._ r. \. % y General Plan Amendment 91 -2 Subject Prooertv and Surrounding Land Uses Current Development: The subject properties are currently developed with commercial buildings. To the north: Are commercial and residentially zoned propertiesand uses. To the east: Are residential uses. To the south: Across Bolsa Avenue along both sides of Broad Street are residential uses. To the west: Are commercial uses fronting on Old Newport Boulevard and Bolsa Park. General Plan Amendment 91 -2 Amendment No. 894 January 6, 2000 Page 3 �j Protect Characteristics Analysis The project involves the demolition of an existing commercial building and related construction storage yard, and subdivision of a portion of two existing 11,400 square foot commercial lots into four parcels of land to accommodate the contraction of two 5,522 square foot, two -unit condominium structures. The two parcels fronting on Old Newport Boulevard will remain designated Retail and Service Commercial and in the SP -9 (RSC) District. The two newly subdivided parcels abutting the commercial lots will be redesignated to Two Family Residential and reclassified to the Two Family Residential District with a Planned Residential Development Overlay (R- 2 -PRD). The remaining remaining residential properties fronting on Clay Street will remain designated Two Family Residential and be reclassified from R -2 to R- 2 -PRD. Is • The proposed two family residential designation and zoning district requested by the applicant is consistent with the land use designation and zoning of the properties to the south and east of the • General Plan Amendment 91 -2 Amendment No. 894 January 6, 2000 Page 4 to Proposed R -2 District Lot Size (sq. ft.) 5,845 -6,159 5,000 Lot Width (ft.) 60 50 Setbacks (ft.) Front (Facing west) 20 20 Side 4 4 Rear (Access Easement) 8 10 Dwelling Units 2 /lot 2 /lot Density (Units Per Acre) 15.2 17.4 Min. Site Area Per Unit (sq. ft.) 2,850- 1,000 Parking: 2 garage spacestunit 1 covered and I open space /unit Building Height 24 ft. midpoint height 29 ft. maximum height 24 ft. Midpoint height 29 ft. Maximum height Gross Structural Area: 5,522 sq. ft. 1.63 times the Buildable Area 6,760 sq. ft. 2.0 times the Buildable Area Open Space (cubic feet) 12,500 7,488 Analysis The project involves the demolition of an existing commercial building and related construction storage yard, and subdivision of a portion of two existing 11,400 square foot commercial lots into four parcels of land to accommodate the contraction of two 5,522 square foot, two -unit condominium structures. The two parcels fronting on Old Newport Boulevard will remain designated Retail and Service Commercial and in the SP -9 (RSC) District. The two newly subdivided parcels abutting the commercial lots will be redesignated to Two Family Residential and reclassified to the Two Family Residential District with a Planned Residential Development Overlay (R- 2 -PRD). The remaining remaining residential properties fronting on Clay Street will remain designated Two Family Residential and be reclassified from R -2 to R- 2 -PRD. Is • The proposed two family residential designation and zoning district requested by the applicant is consistent with the land use designation and zoning of the properties to the south and east of the • General Plan Amendment 91 -2 Amendment No. 894 January 6, 2000 Page 4 to subject properties. Residential uses and a neighborhood park border the site on two sides, while . existing commercial uses fronting on Old Newport Boulevard border the site on the other two sides. The project conforms to all of the development standards of the R -2 District except the rear setback requirements and a proposed 2 -foot encroachment into the required side yard setbacks by proposed built -in fireplace woodboxes. General Plan Amendment The project is located in Statistical Area H1, Newport Heights Area of the Land Use Element, which includes all land southerly of the City boundary and 16' Street, from Newport Boulevard east to Dover Drive and south to the bay. The Land Use Element of the General Plan is a long range planning document setting forth the City's policies for the use of land. The objective of the Land Use Element is to provide for an orderly balance of residential and commercial uses with an emphasis on preserving the quality of life found in the City. The subject property is currently designated for commercial development. The proposal involves redesignating the property to residential. The General Plan does not set forth specific policies or regulations regarding redesignation of property. However, this request can be evaluated against the objective of the Land Use Element stated above. Recently, the portion of Bolsa Avenue between Broad Street and Old Newport Boulevard was developed as a neighborhood park. The location of the park provides a natural separation from the commercial uses along Old Newport Boulevard, and provides a more harmonious and aesthetically pleasing setting for the residential uses along Broad Street and Bolsa Avenue. Therefore, redesignating the rear portion of the commercial lots, which currently extend from Old Newport Boulevard beyond Bolsa Park, is a logical request since the rear of these lots orients towards the residential area and the park. Compatibility of Land Use The requested density of two units per lot is consistent with the density allowed in the Old Newport Boulevard and Newport Heights areas. The residential development proposed with this amendment will reduce the amount of traffic generated by the existing commercial use to the site through the residential neighborhood areas. The subject properties create a unified streetscape at a residential scale that eliminates potentially unsightly commercial visibility and reduces commercial vehicle traffic through the neighborhood. The project accommodates pedestrian and bicycle traffic by extending the sidewalks over the site, resulting in an improvement in the quality of life in the neighborhood. Additionally, perimeter walls, on -site landscaping, and the site and building design are aesthetically pleasing and compatible with surrounding land uses, and provide a harmonious transition and minimize conflicts between different uses. Since the location of the property provides a compatible and logical site for residential uses, and is surrounded by residential development and a neighborhood park, staff is of the opinion that the proposed project is compatible and in keeping with the general character of the neighborhood. General Plan Amendment 91 -2 Amendment No. 894 January 6, 2000 Page 5 Amendment In addition to the General Plan Amendment, the applicant is requesting to reclassify the subject properties from the SP -9 (RSC) District to the R -2 -PRD District. This will require an amendment to Districting Map No. 25 and to the Land Use Map for Specific Area Plan No. 9 (Old Newport Boulevard) in Chapter 20.46 of the Zoning Code. The R -2 -PRD zoning designation permits a residential development allocation of two units per lot. Under the current SP- 9 (RSC) zoning classification, four dwelling units would be allowed on each commercial lot since the Municipal Code allows the construction of one residential unit per each 2,375 square feet of land area, provided the residential unit is located on the second floor above ground floor commercial. N R2 SP9 -RSC R -2 SP9 -RSC (P Y r ,�'{ R -2 U SP9 -RSC tl t 2 X R -2 SP9 -RSC -< gO�SA AVE. Bolsa Par R -2 R -2 By dividing the existing commercial lots approximately in half and redesignating the rear parcels as residential, the overall number of allowable dwelling units will not be changed. Additionally, the commercial presence on the residential streets of the area will be removed and replaced with residential uses, resulting in exclusively residential qualities. Use Permit Planned residential developments may be permitted in any residential district when a use permit is first secured for each such development. A planned residential development is a development planned and designed as a unit to produce an environment of stable, desirable character not out of harmony with its surrounding neighborhood and which meets standards of density, open space, light and air, pedestrian and vehicular access, and traffic circulation similar to the regulations of the Subdivision Code for the residential districts in which such development is to be located. The proposed PRD Overlay would include the two newly subdivided lots and the two adjacent lots to the east fronting on Clay Street. General Plan Amendment 91 -2 Amendment No. 894 January 6, 2000 Page 6 0 0 I Chapter 20.56 of the Zoning Code establishes the following property development regulations for a PRD Overlay District: A. The minimum land area for each family dwelling unit, exclusive of land area being set aside for the rights -of -way of public or private streets and alleys, shall be not less than that required for the district or districts in which such development is to be located. Each of the proposed parcels will be approximately sixty (60) feet wide and have areas between approximately 5,543 and 6,159 square feet. Section 20.05.030 of the Zoning Code and Section 19.20.110 (A) of the Subdivision Code require a minimum fifty (50) foot average width and a minimum area of five thousand (5,000) square feet on interior lots, and a minimum of sixty (60) feet average width and a minimum area of six thousand (6,000) square feet on comer lots. The proposed subdivision is providing lot width and area in excess of the minimum standards set forth in the Zoning Code and Subdivision Code. Therefore, the project is consistent with the minimum land area requirements of the Zoning and Subdivision Codes. B. There shall be a minimum floor living area of one thousand (1, 000) square feet for each family dwelling unit in an R -1 or R -2 district. Garage space shall not be included in measuring this requirement. The applicant is proposing two unit structures which provide approximately 1,653 square feet of living floor area and a 546 square foot garage. Each of the proposed structures contains a total living square footage of approximately 4,387 square feet. The proposed project is providing living floor area in excess of the minimum standards set forth in the Zoning Code. Therefore, the project is consistent with the minimum floor area requirements of the Zoning Code. C The front and rear yards and open spaces between buildings shall be designated in the use permit. The project is maintaining the required front and rear yards and open spaces between buildings as set forth in the Zoning Code. To ensure that the proposed development including any future development maintains the required front and rear yards and open spaces between buildings, findings and conditions of approval for the use permit have been included which designate the specific front and rear yard requirements. Therefore, the proposed project is consistent with this development standard. D. The maximum building heights shall be designated in the use permit, but shall in no event exceed the building height limits specified in Chapter 20.65. The height of the buildings included in the proposed development do not exceed the 24 foot basic height limit as specified in Chapter 20.65. Additionally, a condition of approval has been included to ensure that the height requirement is not exceeded. Therefore, the proposed project is consistent with the height limit requirement. General Plan Amendment 91 -2 Amendment No. 894 January 6, 2000 Page 7 q E. The maximum building coverage for the development shall not exceed forty (40) percent of the land area being developed, exclusive of land area being set aside for the rights -of -way of public or private streets and alleys. The building coverage for the residential development does exceed 40% of the land area being developed, exclusive of the land area set -aside for the private alley, by approximately 3,800 square feet. Therefore, the applicant is requesting a variance to waive of the lot coverage development regulation (see discussion below). However, while the proposed project does not meet the maximum lot coverage requirement, it is in compliance with the R- 2 requirements of the Zoning Code which limits the buildable area rather than the lot coverage. The proposed development is within the buildable area limits set forth in the district requirements. Additionally, the project is maintaining the required building setbacks (except for the second floor rear portion of the building and the proposed projection of the built -in fireplace wood boxes), and the required volume of open space on each site. Therefore, staff is of the opinion that the project as proposed, is consistent with the legislative intent of Chapter 20.56, because it meets the standards requirements of the R -2 District. F. A planned residential development shall be bounded on all sides by public streets. A partial waiver of this requirement may be permitted when it is found and determined that such partial waiver will not be inconsistent with adequate standards of pedestrian and vehicular access and traffic circulation for the development and for the area in which the development is located. 0 The proposed project is located at a comer bounded on two sides by public streets. The project provides adequate pedestrian and vehicular access to each of the proposed units consistent with the City's standard requirements for access and circulation on site and in the neighborhood. Additionally, the City Traffic Engineer has reviewed the site plan and considers the access and circulation adequate. Therefore, staff is of the opinion that a waiver of the requirement that the development shall be bounded on all sides by public streets is a reasonable request considering the geographical location of the site, and that the project is consistent with the requirements for access and circulation. G. The off - street parking requirements for each such development shall be as follows: 1. Two covered parking spaces for each family dwelling unit in the development; The project is providing two garage parking spaces for each dwelling unit. Therefore, the project meets the standard parking requirements for this type of development. 2. There shall also be required for the use of visitors and guests at least two additional parking spaces for each family dwelling unit in the development. Such parking spaces may be uncovered and shall be so located as to be accessible to such visitors and guests. This requirement for additional parking for visitors and guests shall be waived to the . extent that the Planning Commission determines that there is an equivalent number of General Plan Amendment 91.2 Amendment No. 894 January 6, 2000 Page 8 parking spaces available to serve the project when on- street parking spaces and parking spaces in private driveways are taken into consideration. The applicant is requesting the requirement for additional parking for visitors and guests be waived. The project does not provide guest parking on site, however, the configuration of the lots parallel to the street provides additional on street parking spaces in front of the project. The number of on- street parking spaces created by the lot configuration is equivalent to the on -site guest parking requirement of 8 spaces. The on- street parking spaces available along Bolsa Avenue is an adequate number of parking spaces to serve the project. Therefore, staff is of the opinion that the request for a waiver of on -site guest parking spaces is reasonable in this particular case. 3. The required parking spaces or any portion thereof maybe grouped when it is found and determined that such grouping or parking spaces and the location thereof will be accessible and useful in connection with the proposed dwelling units in the development. The required parking spaces provided on each parcel are grouped in pairs for each unit. The required parking spaces are provided within enclosed garages and are accessible and useful in connection with each of the proposed dwelling units in the development since the garages are attached to each individual unit. Therefore, staff is of the opinion that the project meets the grouped parking requirement. Required Findings for Variance Approval A variance is required to waive PRD Overlay District regulations establishing the maximum lot coverage. Section 20.91.035(B) of the Newport Beach Municipal Code provides that in order to grant any variance, the Planning Commission must find that the applicant has established the following grounds for a variance. That because ofspecial circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 2. That the granting of the application is necessaryfor the preservation and enjoyment of substantial property rights of the applicant. 3. That the granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinityand in the same zoningdistrict. 4. That the granting ofsuch application will not, tinder the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances General Plan Amendment 91 -2 Amendment No. 894 January 6, 2000 Page 9 II of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. 0 In reference to the above findings, staff is of the opinion that there are exceptional or extraordinary circumstances which apply to the subject property which do not generally apply to other properties in the same district. In this particular case, the subject properties are located in the center of the block, one of the subject lots is land - locked, they are bounded on two sides by commercial properties, and are located on a curve in the street. The configuration of the lots relative to the physical location in the block, and relative to the street frontage inordinately reduces the opportunity to configure the lots in any other fashion. These special circumstances deprive the property of privileges enjoyed by other property in' the vicinity and under identical zoning classification. Additionally, the granting of the application could be found necessary for the preservation and enjoyment of substantial property rights of the applicant since the proposed project is generally proportional in size, bulk and height to other buildings in the surrounding neighborhood and strict application of lot coverage requirements, exclusive of the land area set aside for the private alley, would result in an unusually small buildable area in which to construct a dwelling built to the square footage potential as compared to similar sized lots in the neighborhood. Further, the granting of the application could be found consistent with the purposes of the code and not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district since there are no other lots with this unique configuration in the vicinity. Additionally, the residential development in the vicinity is primarily zoned R -2. The granting of the variance for a waiver of the PRD design standards will allow development of a project which is compatible with the surrounding neighborhood because many of the homes in this area are of comparable size, and the applicant has designed a project that attempts to meet the standard setback and floor area criteria of the R -2 District and the PRD Overlay District. It could also be found that the granting of a variance to waive the design standards related to maximum lot coverage will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstancesof the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood since the use of the property for two family condominium development is consistent with the development in the neighborhood, the Zoning, and the General Plan. In addition, new residences on these parcels will improve the aesthetics of this particular property and enhance the neighborhoodas a whole and will provide more on- street parking due to the parking spaces provided on site. Additionally, the size of the proposed structures are comparable in size, bulk and height to other homes in the neighborhood. Tentative Tract Map Compliance The applicant is requesting the approval of a tentaive tract map to create six parcels and allow four of them to be used for condominium purposes. The tentative tract map includes dividing two General Plan Amendment 91 -2 Amendment No. 894 January 6. 2000 Page 10 ►a existing commercial properties into four new parcels, two of which will remain commercial (on • Old Newport Boulevard) and two (2) residential parcels, and adjustment of the lot line between the two adjacent lots facing Clay Street. Each of the proposed parcels will be approximately sixty (60) feet wide and have areas of approximately 5,845 to 6,159 square feet. Section 20.05.030 of the Zoning Code and Section 19.20.110 (A) of the Subdivision Code require a minimum fifty (50) foot average width and a minimum area of five thousand (5,000) square feet. The proposed subdivision is providing lot width and area in excess of the minimum standards set forth in the Zoning Code and Subdivision Code. The two remaining parcels fronting on Old Newport Boulevard will remain within the specific area plan and zoned commercial. The property line between these parcels will be adjusted 6 feet 6 inches to the south so that the land area meets the minimum lot size (5,000 sq. ft.) required for commercial development. Since the lots are all contiguous, meet the minimum lot size and lot width requirements specified by the Zoning Code for commercial and residential, and are consistent with the intent and standards of the General Plan and the Subdivision Map Act, staff has no objections to the Tentative Tract Map. Chapter 19.12 of the Municipal Code states; "If the Planning Commission shall determine that if the tentative map is in conformity with the requirements of this title, all ordinances of the City, all applicable general or specific plans and it is satisfied with the plan ofsubdivision, it shall approve or conditionally approve the map." In accordance with Section 66474 of the Subdivision Map Act, a legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of the following findings. These findings • are more inclusive than those in the Municipal Code; therefore, this analysis discusses the project in relation to the Map Act requirements. (a) That the proposed map is not consistent with applicable general and specific plans. Upon approval of the proposed Amendment, the Land Use Element of the General Plan designates the site for Two - Family Residential development, with a maximum permitted density of 1 unit for each 2,000 square feet of land area. The proposed project map provides a density in compliance with this requirementand, therefore, is consistentwith that designation. The property line between the two remaining commercial properties will be adjusted so that the land area meets the minimum lot size (5,000 sq. ft.) required for commercial development, and therefore, is consistent with the requirements of the Old Newport Boulevard Specific Plan. (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specif c plans. The tentative map under consideration has been reviewed by staff and it meets all of the design and improvement requirements contained in the Zoning Code, except for the second floor rear yard building setbacks. However, as shown in the project characteristics table, the specific requirements which relate to the design of the tract including the minimum lot size, density requirements, parking requirements, height limits, floor area ratios, and open space are met. Additionally, the Public Works Department has suggested conditions of approval General Plan Amendment 91 -2 Amendment No. 894 January 6. 2000 Page 11 13 to assure that all water, sewer, drainage and other public works requirements meet the City's standards. Therefore, staff is satisfied that the design is consistent with all the • general and specific plans. (c) That the site is not physicallyszritable for the type of development. The site is situated in an area of the City which has residential development and a park along two sides, and has commercial development on the other two sides of the property. The topography is physically similar to those adjacent residential developments; however, it is at a greater elevation than the adjacent commercial sites. The location of the park provides a natural separation from the commercial uses along Old Newport Boulevard. The difference in the grade elevation of the commercial and residential sites provides a natural transition between the two sites. Additionally, the site is not subject to landslides or flooding, and is not expected to be prone to liquefaction in the event of an earthquake. Therefore, staff is satisfied that the site is physically suitable for the proposed development. (d) That the site is not physically suitable for the density of development. The General Plan designates the density of the adjacent residential developments as two family residential. The subject property is also designated two- family residential (R -2). There is a combination of both two - family attached and single family detached residential products found in the surrounding area. The proposed density of approximately 1 dwelling unit per 3,052 square feet of land area is permitted, and the development is providing the required open space and required parking spaces on site, and enhanced landscaping. Therefore, staff is of the opinion that the site is physically suitable for the proposed density. (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site was previously developed with a construction supply yard. There are no fish or wildlife habitats on -site, so the project will not have any direct impact on those resources. The project drainage and run -off will be required to comply with City standards. Therefore, no effects to any fish and wildlife habitats as a result of the project are anticipated as a result of surface run -off or groundwater contamination. (f) That the design of the subdivision or type of improvements is likely to cause serious public health problems. It has been determined that the project will not have any significant environmental impacts. Since there are no significant environmental impacts and the project complies with the requirements of the Zoning Code and is consistent with the General Plan, staff is of the opinion that the design of the subdivision is not likely to contribute to health problems. L] General Plan Amendment 9I -2 Amendment No. 894 January 6. 2000 Page 12 � `1 (g) That the design of the subdivision or the type of improvements will conflict with easements, . acquired by the public at large, for access through or use of property within the proposed subdivision. Vehicular access to the proposed units and required parking will be from a reciprocal access easement which runs along the rear property lines that provides access to each of the four parcels from Bolsa Avenue. The entrance point consists of a 20 foot wide access driveway, which provides ingress /egress to the required parking spaces of each residential unit. The tentative tract map identifies the extent of the proposed access easement across the subject properties; therefore, no significant conflicts are anticipated. In addition, staff has incorporated appropriate conditions of approval, requiring easements and dedications be provided and recorded to the satisfaction of the Public Works Department. Therefore, the project as designed, will not conflict with easements acquired by the public at large, for access through or use of the property. The proposal is in compliance with the Tentative Map standards since the parcel sizes, lot widths and depths, and proposed densities are within the limits of the Code. Since the project is consistent with the Design Standards and requirements of the Municipal Code, staff is of the opinion that the project is consistent with the legislative intent of Chapter 19 of the Municipal Code and the Subdivision Map Act. . Modification Since they are newly created parcels, the Districting Maps do not stipulate the required building setbacks on the subject lots. Application of the default setbacks consistent with the Zoning Code stipulate the front yard of the parcels towards the west on the common property line with the remaining commercial lots. Therefore, the front setback is 20 feet, the rear setback is 10 feet, and the side yard setbacks are 4 feet. The districting map identifies Clay Street as the front of the lots facing Clay Street. On these lots the front yard setback is 20 feet, the rear is 10 feet, and the side setbacks are 4 feet. Walls The Zoning Code restricts the height of walls within the required front yard setback to 3 feet maximum, and 6 feet maximum in the side and rear setback areas. The applicant is proposing to construct a new 6 to 12 foot high retaining wall between the subject properties and the remaining commercial lots to the west in order to provide stability and create level buildable pad areas for the proposed buildings. The location of the proposed retaining wall structure is along the front and side property lines of the new subdivided residential parcels. The elevation of the existing lots slope down approximately 7 feet across the width of the two lots from the street side along Bolsa Avenue towards the north side property line opposite the street. . The new retaining wall will stabilize an existing change in grade elevation from the east towards General Plan Amendment 91 -2 Amendment No. 894 January 6, 2000 Page 13 15 the west side of the lot. The front yard area of the subject parcels is approximately 6 feet higher than the grade of the commercial building pad elevation below. From the commercial side of the property, the wall will be between approximately 8 and 12 feet in height. However, on the residential side of the property, the wall will stand between approximately 4 and 6 feet above finished grade. Since the wall location is at the rear of the commercial lots (the front of the residential lots), and not directly visible from Old Newport Boulevard, and is of a height on the residential side typical of walls in residential neighborhoods, and provides a separation from the adjacent commercial uses, staff is of the opinion that the proposed walls in the front and side setback areas are consistent with the intent of Title 20, will not have adverse impacts on the neighborhood, and has no objection to the increased height. A condition of approval has been suggested which reflects the proposed wall heights. Setback Encroachments The applicant is requesting approval of a Modification Permit to allow the second floor of the proposed buildings on the newly created residential properties to the west to encroach 2 feet into the rear 10 foot setback area. The rear property line of the new residential parcels is the common property line between those lots and two existing residential lots fronting on Clay Street. This project has been designed with an access easement across the rear portions of the four contiguous residential lots with the rear property line within the access easement area. In order to provide vehicular access to the subject properties, reciprocal access will be provided across the subject properties and the two existing lots which front on Clay Street. The easement will be 25 feet in . width at the ground level, and 20 feet at the second floor, and will resemble typical alley arrangements which occur throughout Newport Beach. Due to the location of the existing property line in relation to the proposed residential structures on all four lots, the development on the new residential lots will encroach 2 feet into the required 10 foot setback on the second floor only. However, if the access easement were a dedicated alley, the Code would not require a setback from the alley line, since the Code specifies a 0 setback when alleys exceed 20 feet on width. Also, if the alley width was 15 feet (the distance from the rear property line to the rear of the adjacent buildings), the required rear yard setback would be 5 feet. The applicant is providing 10 feet. The most critical factor in determining the appropriateness of the setback encroachment is maintaining safe and easy access to the garages. In this case, the access easement width exceeds the minimum residential garage access width of 24 feet. Therefore, it is the opinion of the City Traffic Engineer that the access arrangement is adequate. Access provided by the building separation is consistent with the width of public alleys, and there is adequate space available for maneuverability. Accordingly, staff is of the opinion that the second floor rear yard building encroachment is reasonable. The applicant is also proposing 4 foot wide built -in fireplace woodboxes which encroach 2 feet into the side yard setback areas. The Code does allow fireplaces up to 8 feet in width to encroach • up to 2 feet in to side setbacks; however, the Code does not make allowances for accessory Geneml Plan Amendment 91 -2 Amendment No. 894 January 6. 2000 Page 14 structures such as the proposed woodboxes. Since the width of the proposed woodbox, together • with the fireplace, is consistent with the requirements for encroachments in Title 20, and the exterior will be finished consistent with the look of the fireplace, and the combined width will be no greater than the Code allows for fireplaces, staff is of the opinion that the woodbox encroachments are consistent with the intent of the Code and will not be detrimental to the surrounding neighborhood, and therefore, has no objections to the proposed encroachments. Vehicular Access At present, the existing commercial uses maintain access from both Old Newport Boulevard and Bolsa Avenue. Vehicular access to the remaining commercial properties will be limited to Old Newport Boulevard only; however, the new residential parcels will provide vehicular access to the site from Bolsa Avenue via a 25 foot wide access easement. As previously discussed, the desired back -up area for 90 degree parking is 24 feet. Each of the proposed dwelling units has an attached garage which provides off - street parking for two cars. Access to the garages is provided through a reciprocal access arrangement with the two adjacent lots to the rear of the subject properties. The access includes 10 feet over the subject properties, and 15 feet over the adjacent lots to the east. While the driveway access point is close to the comer intersection of Broad Street and Bolsa Avenue, no significant conflicts are anticipated due to the relatively light nature of the existing traffic in the neighborhood. Since the easement is 25 feet wide, consistent with the requirements of the City Public Works Department, and greater than the width of a typical public alley, access and circulation to the subject properties are considered adequate. A condition of approval has been included which requires that a reciprocal access easement be recorded against each of the four lots to ensure the area remains free and clear of obstructions. Recommendations The adoption and amendment of the General Plan is considered a legislative act on the part of the City, and State Planning Law does not set forth any required findings for either approval or denial of such requests. However, the location of the proposed residential uses provides a more harmonious residential character on the block, and provides a logical separation from the commercial uses along Old Newport Boulevard. Also, the addition of residential uses at the proposed location adjacent to the Bolsa Avenue Park is consistent with the existing surrounding residential uses, and therefore, is physically compatible with the existing surrounding development. Zoning actions are required to be consistent with the General Plan. In this particular case, based upon the analysis contained in this report, staff is of the opinion that the proposed reclassifcation could be found consistent with the General Plan since the parking for the residential properties can be adequately served by the reciprocal access easement across the rear of the properties. Additionally, issues related to access and circulation have been addressed by the City Traffic Engineer and are considered adequate. Because of the site's location adjacent to the Bolsa Avenue Park, and at the comer of a residential street with a grade elevation separating it from nearby commercial uses, the zone change is a logical request. General Plan Amendment 91.2 Amendment No. 894 January 6, 2000 Page 15 I� Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. In this particular case, based upon the analysis contained in this report, staff is of the opinion that the findings for approval of the use permit can be made for the PRD because the proposed project is consistent with the design standards set forth in the Code, with the exception of maximum lot coverage, abutting street frontages, and on -site guest parking, in which case a variance has been requested. The proposed development is within the buildable area limits set forth in the district requirements. Additionally, the project is maintaining the required building setbacks (except for the second floor rear portion of the building), and the required volume of open space on each site. Staff is also of the opinion that a waiver of the requirement that the development shall be bounded on all sides by public streets is a reasonable request considering the geographical location of the site, and that the project is consistent with the requirements for access and circulation. Also, the on street parking spaces available along Bolsa Avenue are an adequate number of parking spaces to serve the project. Therefore, staff is of the opinion that approval of a Use Permit for a Planned Residential Development which includes a waiver of design standards will not be detrimental to the surrounding neighborhood in this particular case. Based upon the analysis related to the findings required for approval of a variance, staff is of the . opinion that a variance to the PRD design regulations can be made in this case. Should the Planning Commission wish to approve Variance No. 1235 to waive the maximum lot coverage, abutting street frontages, and on -site guest parking design requirements, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Staff is also of the opinion that the granting of the modification to encroach into the side setbacks with a woodbox, the rear setbacks with the building, and the walls in excess of the permitted height will not be detrimental to persons, property or improvements in the neighborhood, and would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, since the woodbox, together with the fireplace, is no greater in width than the Code allows for fireplace encroachments, the rear yard encroachments are reasonable considering the access easement across the four adjacent properties, and the height of the walls provides a definitive separation from the commercially zoned properties fronting on Old Newport Boulevard. Should the Planning Commission wish to approve the subject project, the actions, findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Staff cannot reasonably conceive of findings for denial since the zone change and the proposed use is consistent with the intent and policies of the General Plan, and in this particular case, conforms to all other requirements of Title 20 of the Municipal Code and does not appear to have any • detrimental effect on the surrounding neighborhood. However, should information be presented at General Plan Amendment 91-2 Amendment No. 894 January 6, 2000 Page 16 J `� 0 0 the public hearing which would warrant the denial of this application, the Planning Commission may wish to take such action. Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: MARC W. MYERS Associate Planner Attachments: Exhibit "A" Resolutions Districting Map No. 25 SP -9 Land Use Map Letter from Applicant Site Plan, Floor Plan, Landscape Plan and Elevations F: \USERS\PLMS HARE D\ I PLANCOM \1999\BolsaAve \GPA91 -2rpt General Plan Amendment 91 -2 Amendment No. 894 January 6, 2000 Page 17 )Q RESOLUTION NO. 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. 91 -2, AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO REDESIGNATE PROPERTY LOCATED AT 407 -409 BOLSA AVENUE FROM RETAIL AND SERVICE COMMERCIAL (SP -9) TO TWO - FAMILY RESIIDENTIAL, AND REMOVING THAT PROPERTY FROM THE OLD NEWPORT BOULEVARD SPECIFIC PLAN AREA 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 building intensities in a number of ways, including residential land use categories and population projections, commercial floor area limitations and the floor area ratio ordinances; and WHEREAS, on January 6, 2000, the Planning Commission of the City of Newport Beach conducted a public hearing regarding Amendment No. 91 -2 to the Land Use Element of the General Plan and recommended its approval to the City Council; 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 C1 M WHEREAS, pursuant to Section 20.94, the City Council has held a duly noticed public hearing to consider General Plan Amendment No. 91 -2 to redesignate property located at 407 -409 Bolsa Avenue from Retail and Service Commercial (SP -9) to Two - Family (R -2) Residential use. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Newport Beach does hereby find the reclassification of this property consistent with the intent of the General Plan, and hereby adopts General Plan Amendment No. 91 -2 to redesignate the subject properties from "Retail Service Commercial' use to "Two Family Residential' use; and FURTHER BE IT RESOLVED, that the City Council of the City of Newport Beach does hereby grant City staff the authority to revise and update the applicable maps and data for Statistical Area H1, Old Newport Boulevard Area of the Land Use Element of the General Plan to reflect the zoning reclassification of the two subject lots from RSC to R -2. ADOPTED this 25h day of January, 2000, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS OW". ATTEST: 0 City Clerk Al ORDINANCE NO. 2000- 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT NO. 894, TO AMEND DISTRICTING MAP NO. 25 TO RECLASSIFY THE PROPERTY LOCATED AT 407 -409 BOLSA AVENUE FROM RSC (SP -9) TO R- 2 -PRD, AND THE LAND USE MAP FOR SPECIFIC PLAN NO. 9 (OLD NEWPORT BOULEVARD) TO REMOVE THE SUBJECT PROPERTIES FROM THE SPECIFIC PLAN. (PLANNING COMMISSION AMENDMENT NO. 894) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, Section 20.94 of the Municipal Code of the City of Newport Beach provides that Title 20 (Zoning Code) may be amended by changing the zoning designation of Districts and other provisions whenever the public necessity and convenience and the public welfare require such an amendment; and WHEREAS, on January 6, 2000, the Planning Commission of the City of Newport Beach conducted a public hearing regarding reclassification the subject properties from the RSC District to the R -2 District with a PRD Overlay at which time Amendment No. 894 was discussed and recommended for approval to the City Council because it was found to be consistent with the intent of the Newport Beach General Plan since the proposed amendment does not alter the residential character of the neighborhood; and WHEREAS, the City of Newport Beach has determined that the proposed amendment is exempt under the Class 3 (New Construction or Conversion of Small Structures) requirements of the California Environmental Quality Act and the State CEQA guidelines; and WHEREAS, the City Council has held a duly noticed public hearing to consider Amendment No. 894 to Title 20 of the Newport Beach Municipal Code amending Districting Map No. 25, and the Land Use Map for SP -9. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN AS FOLLOWS: SECTION 1: Approve Amendment No. 894 to Title 20 of the Newport Beach Municipal Code, amending Districting Map No. 25 reclassifying the subject properties from the RSC (SP -9) A,?, • to the R -2 District with a PRD Overlay, and the Land Use Map for SP -9, removing the subject properties from the specific plan as depicted on Exhibit 1 and 2, attached hereto. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on January 25, 2000, and adopted on the 8th day of February, 2000, by the following vote, to wit: E ATTEST: City Clerk 0 AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS MA �3 r'prl eww aar r i Jw /be YMI )✓l YD ' 1 £� �[ r N r I s awr Y ro r. re lle 11 BLVD 2 i AYr °o R? W LL lL d 6 p - j �w 5e.q t HW1y ti env o o° t y to V "'.14 ' ' t �Q rw re r ° R s GC S iff y, s �88p�p�,��j$yy e tp � F:Se�i�a afiP�sai a €' e z �Doo z e E�UE 4b' {Ef R: op PJ c��.af p:4ia � c itq �`Elp��g_ t R e:a�; €256 F �R�JIP 11140 '°�ig' $ . �p 6 6. p:Fa :ii ;2ta i g FFFE6FFRR1Fs n pe nw rxumerrro nr Exhibit 1 01 •� r••o r. re lle 11 p e d' 2 i LL lL d 6 p - Q AS (L o U n n c<c � F$ 8 is 85, hl H ¢ 2` a C a Q aJn It n2 W ? (� AVM A101HO U I Q 3n v i troiesdns Q:= W e i Q �� tt^ _+ ✓ ' dye ' fb E .pr? by w` L $7 E�J e z �Doo z e E�UE 4b' {Ef R: op PJ c��.af p:4ia � c itq �`Elp��g_ t R e:a�; €256 F �R�JIP 11140 '°�ig' $ . �p 6 6. p:Fa :ii ;2ta i g FFFE6FFRR1Fs n pe nw rxumerrro nr Exhibit 1 01 • City of Newport Beach p Old Newport Boulevard Specific Plan District #9 Land Use Map • 1 RD DR �n 4187 S.EF ro o� ti Q to m ORANGE A k Retail Service Commercial N Open Space w P — Governmental, Educational s & Institutional Facilities anw Exhibit 2 ,),:5 City of Newport Beach Planning Commission Minutes January 6, 2000 SUBJECT: 407 Balsa Avenue Vance Collins and Ian Fettes (applicants) • General Plan Amendment 91 -2 • Amendment No. 894 • Use Permit No. 3668 • Variance No. 1235 • Tentative Tract Map No. 15981 • Modification No. 4954 Request for a General Plan Amendment to change the land use designation from Retail and Service Commercial (SP -9) to Two - Family Residential, to allow for the construction of attached two- family residential subdivision. The application includes: • amending Specific Plan No. 9 to remove the two lots from the plan, • amend Districting Map No. 25 to rezone the property to the R -2 -PRD District, • a use permit for a planned residential development, • a variance to waive PRD Overlay District property development regulations related to lot coverage, the requirement that the development shall be bounded on all sides by public streets, and on -site guest parking, • a tentative tract map to create six parcels and allow them to be used for condominium purposes, • a modification permit to allow: ➢ a 2 foot encroachment into the 4 foot side yard setbacks with a fireplace woodbox, and ➢ a 2 foot 6 inch second floor building encroachment into the rear 10 foot setback area, and ➢ property line walls ranging from 6 feet up to 12 feet in height in the front and side setback areas where the Code limits the height of walls and fences to 3 feet in the front setback and 6 feet in the side and rear setbacks; and • an exception from the requirements of Seciton 19.20 of the Subdivision Code (Design Standards), to allow the creation of commercial lots without the required 30 foot alley at the rear of the property and the creation of one lot that does not abut a street. Planning Director Patricia Temple noted this item had been on the agenda prior to December, 1999, and had been continued at the request of staff due to problems with the notification requirements in regard to exceptions to the Subdivision Code related to the design standards. In reviewing the particulars of the case, staff believed that one alternative to the overall issues surrounding the proposed development, including the need to provide secure access for a proposed land- locked lot, was to apply the Planned Residential Development (PRD) overlay to the property, allowing the City to adopt development Item No. 1 GPA 91 -2 Amendment No. 894 Variance No. 1235 Use Permit No. 3668 TTM 15981 Modification No. 4954 Approved • 0 0 10 City of Newport Beach Planning Commission Minutes January 6, 2000 standards via the use permit and to create a more secure arrangement in regards to ingress /egress and access to all of the lots involved. In reviewing the PRD overlay district more closely, staff noted that a number of standards and criteria for a P.RD could not be met by the development. As result, a variance request was necessary to waive certain requirements of the PRD district, particularly the significant limitation on the amount of lot coverage. She indicated that the overall purpose of the proposed approvals is to provide the greatest amount of flexibility and planning, as well as the greatest level of security in terms of the design of the subdivision and the ingress /egress to all of the parcels. Commissioner Fuller asked Associate Planner Marc Myers how the required number of 8 on- street parking spaces for guests was determined. Mr. Myers stated that on- street spaces are 20 feet in length; therefore, the number of spaces was calculated based on the amount of linear feet on Bolsa Avenue, including the area where there is an existing curb cut that will be moved. Ms. Temple added that absent the mutual ingress /egress alley, all duplexes would have required a curb cut on either Bolsa Avenue or Clay Street. Therefore, on -street spaces are preserved as a result of the design of the subdivision. Commissioner Tucker asked about a 20 foot dedicated easement for access indicated on the development plans, and to whom the easement was dedicated. Mr. Myers indicated this is a private easement, providing public access in the event of an emergency per Public Works requirements. Ms. Temple further clarified the purpose of the easement stating it is a private ingress /egress easement to provide access to the garages. The public portion of the easement is to service the utilities and provide emergency vehicular access. Commissioner Tucker asked how the easement was being created. Assistant City Attorney Robin Clauson indicated that the tract map creates the easement through the recordation process. She stated that paragraph 3 of the conditions of approval for Resubdivision 1075 should be deleted, and provided proposed language to replace this condition. The revised condition would require the applicant to draft and record an easement that specifies that the easement shown on the map is for reciprocal ingress /egress and emergency access for the benefit of those parcels. She also suggested the easement or other document include provisions for the maintenance and upkeep of the easement and payment of taxes. In reply to Commissioner Tucker's inquiry, Ms. Clauson stated the document would require the review and approval of the City Attorney prior to recordation of the final Map. Commissioner Tucker asked about the typical on- street parking usage in this area. Mr. Myers noted during the 2 to 3 different occasions he visited the site, • he witnessed only one other car which belonged to someone visiting the park. Therefore, there is ample parking available on Bolso Avenue. ft:f7kt 11 City of Newport Beach Planning Commission Minutes January 6, 2000 INDEX 0 Commissioner Tucker requested information about the location and design of the proposed 12 foot walls. Mr. Myers stated a retaining wall will run across the width of the property to the rear of lots 5 and 6 which face Old Newport Blvd., and range in height from 6 to 12 feet from the lower elevation to the higher elevation. The wall will be a block wall covered with stucco and the top portion in some areas will have wrought iron. Commissioner Fuller asked about the lot line for the northwesterly boundary of lot 5 and if any setback requirements would be violated with the existing building by moving the lot line. Mr. Myers stated no setbacks would be violated in that particular area. Public comment was opened. Brad Smith, architect for the project, 2515 East Coast Highway. Mr. Smith stated that he and the applicants, Ian Fettes and Vance Collins, have worked hard to meet the terms and conditions of the Planning Department and have reached a uniform concurrence with findings of staff. Mr. Smith addressed the retaining wall Commissioner Tucker asked about, • noting that its purpose is to correct an existing drainage condition that allows for water to go across the site on its way to Old Newport Blvd. The retaining wall will remedy the drainage situation by creating drainage that goes to the control devises of curbs and gutters on Bolsa Avenue and Clay Street. Its other purpose is to create a vertical separation with a grade change between the existing commercial buildings and proposed residential development. He noted the commercial height limit is substantially higher than residential, and by raising the grade 6 feet the residential development will be raised out of the shadow of the commercial building. Commissioner Ashley asked about a proposed 4 four foot encroachment into the side yard setback for the fireplace wood boxes. Mr. Smith stated that the proposed encroachment is actually 1 foot 8 inches into the 4 foot side yard setback for an 8 foot wide fireplace and wood box. Frank Versluis, representing the property owner of American Slate Company /John Place, located at 494 Old Newport Blvd. Mr. Versluis stated concerns of the property owner are: • The foundation of the 6 to 12 foot wall which, he believes will encroach onto his property and for which he has not granted an easement, and • Safety issues as pertains to the elevation drop from 4 feet on one side and 12 feet on the other, and the security of storage items. Mr. Myers stated that proposed retaining wall footings would be located entirely on the subject property, not the neighboring property. . ' City of Newport Beach Planning Commission Minutes January 6, 2000 Public comment was closed. Motion was made by Commissioner Kranzley to adopt Resolution 1513 regarding General Plan Amendment No. 91 -2, and to adopt Resolution 1514, regarding Amendment No. 894, recommending approval of both items to the City Council, as well as the approval of the following related applications subject to the Findings and Conditions in Exhibit "A" as amended: Use Permit No. 3668, Variance No. 1235, Tentative Tract Map 15891, and Modification No. 4954. Commissioner Tucker added a further amendment to the amended paragraph 3, changing the word "parcel' to "lot' and adding an additional sentence requiring that a conformed copy of the recorded easement be submitted for approval of the City Attorney prior to issuance of a building permit to ensure the approved easement was actually recorded. Commissioner Kranzley included these further amendments in his motion. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley, Tucker Noes: None Absent: None Abstain: None EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR General Plan Amendment 91 -2, Amendment No.894, Resubdivision No. 1075, and Modification No. 4954 A. General Plan Amendment 91 -2 Adopt Resolution No. 1513, recommending to the City Council the adoption of General Plan Amendment No. 91 -2, amending the Land Use Element of the Newport Beach General Plan to redesignate property located at 407- 409 Balsa Avenue from Retail and Service Commercial to Two Family Residential. B. Amendment No. 894: Adopt Resolution No. 1514, approving Amendment 894, to amend Districting Map No. 25 to reclassify the property loco at 407 -409 Balsa Avenue from RSC (SP -9) to R- 2 -PRD, and the Land Map for Specific Area Plan No. 9 (Old Newport Boulevard), to rem, the subject properties from the specific plan. INDEX City of Newport Beach Planning Commission Minutes January 6, 2000 INDEX • C. Resubdivison No. 1075 Findings: 1. The design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. Public improvements may be required of a developer per Section 19.08.030 of the Municipal Code and Section 66411 of the Subdivision Map Act. 3. The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 15 (Minor Land Divisions). 5. The proposed resubdivision presents no problems from a planning standpoint because the density will remain the same, which allows two units for the R -2 Zoning District. 6. The map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. Conditions: 1. A parcel map shall be recorded prior to the issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared on the California coordinate system (NAD83) and prior to recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital - graphic file of said map in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, Subarticle 18. 2. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange City of Newport Beach Planning Commission Minutes January 6, 2000 U1042 County Subdivision Code and the Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot comer unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 3. The twenty foot (20') dedicated easement as shown on Tentative Tract Map No. 15981 shall be made by recorded document for reciprocal ingress /egress and emergency vehicle access purposes for the benefit of Lots 1, 2 3 and 4 as shown on the Map. The easement, or another document shall be recorded and shall include provisions for repair, maintenance and upkeep of the easement by Lots 1, 2, 3 and 4, including provisions for the payment of all taxes. This condition shall be complied with, and the proposed easement or other document submitted to the City for review and approval by the City Attorney prior to recordation of the final Map. A conformed copy of the recorded easement or other document shall be submitted for approval of the City Attorney prior to issuance of a building permit. 4. All improvements shall be constructed as required by Ordinance and the Public Works Department. 5. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 6. Each dwelling unit shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 7. All work conducted within the public right -of -way shall be approved under an encroachment agreement issued by the Public Works Department. 8. The final design of all on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the Traffic Engineer. 9. The design of the private alley and drives shall conform with the City's alley standards except as approved by the Public Works Department and shall be subject to further review and approval by the City Traffic Engineer. 10. Intersections of private alley and Balsa Avenue and the commercial drives with Old Newport Boulevard shall be designed to provide sight 7 31 City of Newport Beach Planning Commission Minutes January 6, 2000 INDEX distance for a speed of 30 mph and 45 mph respectively. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. Sight distance requirements may be modified at no-critical locations, subject to approval of the Traffic Engineer. 11. The private drive shall be designed as a Fire Lane and marked in a manner acceptable to the Fire and Marine Department. 12. A 15 foot radius comer cutoff at the comer of Bolso Avenue and Clay Street shall be dedicated to the public. 13. Construct curb, gutter and full width sidewalk along the Old Newport Boulevard frontage; construct curb, gutter and sidewalk along the Bolsa Avenue frontage where missing and replace the existing deteriorated curb and sidewalk with curb, gutter and sidewalk per City standards; extend the storm drain line from the intersection of Bolso Avenue and Broad Street to easterly of the proposed private alley and construct a catch basin; replace existing deteriorated curb and sidewalk along the Clay Street frontage with curb, gutter and sidewalk per City standards; construct a curb access ramp at the corner of Clay Street and Bolsa Avenue and construct a half street width of cross gutter at the intersection of Clay Street and Bolsa Avenue. All work shall be completed under an encroachment permit issued by the Public Works Department. 14. Street, drainage and utility improvements shall be shown on standard improvement plans prepared by a licensed civil engineer. 15. A drainage study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the parcel map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study, shall be the responsibility of the developer. 16. Public Works Department plan check and inspection fee shall be paid. 17. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. F7 0 0 0 City of Newport Beach Planning Commission Minutes January b, 2000 INDEX 18. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 19. Mechanical equipment, such as water heaters, are not allowed to block access around parked vehicles, as shown in garages for buildings 5 and 7. Revise the locations of all encroachments where access is restricted around parked vehicles. 20. Park dedication fees for four (4) dwelling units shall be paid in accordance with Chapter 19.50 of the Municipal Code. 21. This resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Director. D. Modification No. 4954 Findings: 1. The Land Use Element of the General Plan designates the site for'Two Family' residential uses. The application involves a request to change the land use and zoning designation from commercial to residential, and a retaining wall structure and building encroachments are considered an accessory use which are permitted with this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt under the Class 3 (New Construction or Conversion of Small Structures) requirements of the California Environmental Qualify Act. 3. The granting of a modification to exceed the permitted height in a setback area will not be detrimental to persons, property or improvements in the neighborhood, and the modification as approved is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code for the following reasons: • The use is compatible with the surrounding residential uses since retaining wall structures are typically allowed in residential districts. • The location of the retaining wall protects and minimizes impacts from the adjacent commercial uses. • The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. . The walls will stabilize and create level buildable pad areas for the proposed buildings. 33 City of Newport Beach Planning Commission Minutes January 6, 2000 INDEX • The wall location is at the rear of the commercial lots (the front of the residential lot), and not directly visible from Old Newport Boulevard. • The wall is of a height on the residential side typical of walls in residential neighborhoods. • The walls provide a means of separation between the existing commercial uses on the adjacent properties and the residential uses on the subject properties. • The front yard area of the subject parcels is approximately 6 feet higher than the grade of the commercial building pad elevation below. • The walls with the increased height will not have adverse impacts on the neighborhood. 4. The modification to the Zoning Code to encroach into the rear setback areas as proposed is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and is a logical use of the property that would be precluded by strict application of the zoning requirements for this District for the following reasons: • Vehicular access to the subject properties will be provided across . the subject properties and two existing lots which front on Clay Street. • The 25 foot easement will resemble typical alley arrangements which occur throughout Newport Beach. • If the access easement was a dedicated alley, the Code would not require a setback from the alley line. • The access easement width exceeds the minimum residential garage access width of 24 feet. • The City Traffic Engineer finds the access arrangement adequate. • There is adequate space available for maneuverability and safe and easy access to the garages. 5. The modification to the Zoning Code for the woodbox encroachments as proposed will not be detrimental to persons, property or improvements in the neighborhood or increase any detrimental effect of the existing use and are consistent with the intent of the Code for the following reasons: • The way the subject properties are oriented, the architectural projections cannot be seen from the street. • The Code allows firplaces up to 8 feet in width to encroach up to 2 feet into side setbacks. • The width of the proposed woodbox, together with the fireplace is consistent with the requirements for encroachments allowed in Title 20. • • The exterior will be finished consistent with the look of the 10 3� . City of Newport Beach Planning Commission Minutes January 6, 2000 fireplace. • The combined width of the woodbox and fireplace will be no greater than the Code allows for fireplaces. • The proposed encroachments will not affect the flow of air or light to adjoining residential properties. • The proposed encroachments will not obstruct views from adjoining residential properties. Conditions: The development shall be in substantial conformance with the approved site plan, floor plans, landscape plan and elevations, except as noted below in the following conditions. 2. A landscape and irrigation plan for the site shall be submitted to the Building Department in conjunction with plans for construction of the project and shall be approved by the Public Works, General Services and Planning Departments. Landscaping shall be provided in a combination of trees, low shrubs and ground cover consistent with the approved landscape plan and acceptable to the Planning Department, Public Works Department and General Services Department. The approved landscaping shall be installed in accordance with the approved plan and shall be permanently maintained in a clean and orderly fashion. 3. The woodboxes shall be permitted to encroach 2 feet into the side setback areas as indicated on the approved plans. 4. The height of the top of the wall shall not exceed a grade elevation of 89.0 as indicated on the approved plans. Standard Reauirements 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 3. All work performed within the public right of way shall be reviewed and approved by the Public Works Department under an encroachment permit /agreement if required. 4. All improvements shall be constructed as required by Ordinance and • the Public Works Department. INDEX 35 City of Newport Beach Planning Commission Minutes January 6, 2000 5. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 6. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of any required public improvements, if it is desired to obtain a grading or building permit prior to completion of the public improvements. 7. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055 of the Newport Beach Municipal Code. 4 t k 12 INDEX 0 4D • 3� RESOLUTION NO. • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 91-2 AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO REDESIGNATE PROPERTY LOCATED AT 407 -409 BOLSA AVENUE FROM RETAIL AND SERVICE COMMERCIAL (SP -9) TO TWO - FAMILY RESIDENTIAL 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 building intensities in a number of ways, • including residential land use categories and population projections, commercial floor area limitations and the floor area ratio ordinances; and WHEREAS, on January 6, 2000, the Planning Commission of the City of Newport Beach conducted a public hearing regarding Amendment No. 91 -2 to the Land Use Element of the General Plan; 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 E General Plan Amendment 91 -2 Amendment No. 894 January 6, 2000 Page 24 WHEREAS, pursuant to Section 20.94, the Planning Commission has held a duly noticed public hearing to consider General Plan Amendment No. 91 -2 to Title 20 of the Newport Beach Municipal Code to redesignate property located at 407 -409 Bolsa Avenue from Retail and Service Commercial (SP -9) to Two - Family (R -2) Residential use; and NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Newport Beach does hereby find the zoning reclassification consistent with the intent of the General Plan, and recommends to the City Council the adoption of General Plan Amendment No. 91 -2 to redesignate the subject properties from "Retail Service Commercial' use to "Two Family Residential' use; and FURTHER BE IT RESOLVED, that the Planning Commission of the City of Newport Beach does hereby grant City staff the authority to revise and update the applicable maps and data for Statistical Area H1, Old Newport Boulevard Area of the Land Use Element of the General Plan to reflect the zoning reclassification of the two subject lots from RSC to R -2. ADOPTED this 6'h day of January 2000, by the following vote, to wit: BY: Edward Selich, Chairman 13`1 AYES: NOES: ABSENT: • Richard A. Fuller, Secretary • General Plan Amendment 91 -2 Amendment No. 894 January 6. 2000 Page25 ��/ RESOLUTIONNO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT NO. 894 TO AMEND DISTRICTING MAP NO. 25 TO RECLASSIFY THE PROPERTY LOCATED AT 407 -409 BOLSA AVENUE FROM RSC (SP -9) TO R- 2 -PRD, AND THE LAND USE MAP FOR SPECIFIC PLAN NO. 9 (OLD NEWPORT BOULEVARD) TO REMOVE THE SUBJECT PROPERTIES FROM THE SPECIFIC PLAN. (PLANNING COMMISSION AMENDMENTNO.894) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, Section 20.94 of the Municipal Code of the City of Newport Beach provides that Title 20 (Zoning Code) may be amended by changing the zoning designation of Districts and other provisions whenever the public necessity and convenience and the public welfare require such an amendment; and WHEREAS, Section 20.94.020 of the Newport Beach Municipal Code provides that amendments to amend Title 20 must be approved by a Resolution of the Planning Commission setting forth full particulars of the amendment; and WHEREAS, on January 6, 2000, the Planning Commission of the City of Newport Beach conducted a public hearing regarding reclassification the subject properties from the RSC District to the R -2 District with a PRD Overlay at which time Amendment No. 894 was discussed and determined to be consistent with the intent of the Newport Beach General Plan since the proposed amendment does not alter the residential character of the neighborhood; and WHEREAS, the City of Newport Beach has determined that the proposed amendment is exempt under the Class 3 (New Construction or Conversion of Small Structures) requirements of the California Environmental Quality Act and the State CEQA guidelines; and WHEREAS, the Planning Commission has held a duly noticed public hearing to consider Amendment No. 894 to Title 20 of the Newport Beach Municipal Code amending Districting Map No. 25, and the Land Use Map for SP -9; and General Plan Amendment 91 -2 Amendment No. 894 January 6, 2000 Page 26 �z q NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Amendment No. 894 to • Title 20 of the Newport Beach Municipal Code, amending Districting Map No. 25 reclassifying the subject properties from the RSC (SP -9) to the R -2 District with a PRD Overlay, and the Land Use Map for SP -9, removing the subject properties from the specific plan as depicted on Exhibit I and 2, attached hereto. ffim ADOPTED this 6th day of January 2000, by the following vote, to wit: Edward Selich, Chairman Richard Fuller, Secretary AYES: NOES: ABSENT: 0 General Plan Amendment 91 -2 Amendment No. 894 January 6, 2000 Page27 s'ary erw air i nw,aa •� .a . / 4• 4��` i 8=�i if i 9 �L iyi t Ln ImS CNIJ BLVD °• Q�• �'-b yIS ICY �:FFF iaa •T r N a P Sp. gA 1yr o® rpeRi •.. e 5 A N B a �O fATE er U. 6 Q lw lC "'EVf pb aawe Q 6 C N Q Q.Z a <a '02/ Q d /HS9b�y 4 >E ' q� LL 9p o u JUIIZ d G W s T Aaa NOILIO �'' .p LL Fin � co Ta NO w x Wiz: N O U C Ld J 1IIIn��,� II�� ^I1 r K Z I I U 2 tz U dY Z i EE�S1P z A`,2J6�/v E� i� c �J s f , ' ~� PEE "c�FB`tg p, b � �:a �1'Z�•e i °• b a��' 088 P � SSR /W N �o� �.: sj p 38i8484; qlzr'ON On rNWINlfIe Dr y City of Newport Beach '<) Old Newport Boulevard Specific Plan District #9 Land Use Map RD nr �l L" ,lo o: 0" ASS m ORetail Service Commercial N Open Space H � ®Governmental, Educational s & Institutional Facilities 0 1] 0 • 2412 Holly Lane pol7Q ^^ / Clay p a yJwm4 ip Newporl Beach Ca 92663 November 29, 1999 Mark Myers Associate Planner City of Newport Beach Ca 92663 Re. Final GPA action governing properties at: 3301 & 3305 Clay Street 407 Bolsa Avenue 486 & 488 Old Newport Blvd. Dear Mark With this letter we wish to change the lot configurations and zoning of the above properties as per the accompanying plans. Presently, the Bolsa property is a retail/commercial site. Our request is to rezone the portion indicated • in the plans to residential, namely R -2. To do, this we must first subdivide the existing lots which front onto Old Newport Blvd.. These lots would then consist of an existing /remaining commercial component (486 & 488 Old Newport Blvd.) and a rezoned residential portion. Please note that one of the rezoned parcels is accessed by a reciprocal easement of 25 feet. The manner of maintaining and governing this easement is clarified in the accompanying CCR's (see attached). Our intent is to create an alley similar to those existing in the immediate area. Provisions for site drainage and sewage disposal for the rezoned area is detailed on the submitted Precise Grading Plan and Sewer Plan. Our intention is to construct paired Town Homes on the four parcels zoned R -2. To conform with current requirements we have chosen to adjust the rear property line of 3301 &3305 Clay Street, allowing for a 10 foot minimum rear setback for our rezoned property. Also the configuration of 3301 Clay Street is affected by the abandonment and radius of the easterly comer, per City standards. Public improvements to be included are new curb, gutter and sidewalks, tree planting and a driveway approach per City standards. It is our hope to create an attractive and positive addition to the community, in line with the best of the developments in the area. our moving ahead with this project. a3