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HomeMy WebLinkAbout06 - 1514 West Balboa Boulevard StanburyCITY OF NEWPORT BEACH Hearing Date: August 8, 2000 PLANNING DEPARTMENT Agenda Item No.: 16 5 3300 NEWPORT BOULEVARD Staff Person: Bob Goldin NEWPORT BEACH, CA 92658 (949) 644 -3200 (949) 6443200; FAX (949) 644 -3250 Appeal Period: N/A REPORT TO THE CITY COUNCIL I I " " ')p JA c�Je� 82 00 PROJECT: 1514 West Balboa Boulvard Parker Stanbury LLP (applicant) PURPOSE OF APPLICATION: A request to amend the General Plan Land Use Element and the Local Coastal Program Land Use Plan to re- designate the subject property from Government, Education and Institutional Facilities (GEIF) to Two Family Residential (R -2), amend Districting Map No. 9 to rezone the subject property from Planned Community (PC) to Two Family Residential (R -2) and to establish a five foot front yard setback along the West Balboa Boulevard frontage of the subject property. ACTION: For Meeting of August 8.2000: Hold a Public Hearing: Adopt resolutions to approve: 1. General Plan Amendment No. 99 -2(C) (Resolution No. 2000-_) 2. Local Coastal Program Amendment No. 55 (Resolution No. 2000 -_ ) AND Introduce Ordinance No 2000- (Amendment No. 904) and pass to second reading on August 22, 2000 For the Meeting of August 22, 2000, Adopt Ordinance No. 2000 , approving Amendment No. 904 LEGAL DESCRIPTION: Lot 8 , Block 115, Tract 234 ZONE: Planned Community GENERAL Government, Education,and Institutional (GEIF) PLAN: OWNERS: Mavericks Development and Holdings, LLC, Santa Ana Planning Commission Recommendation: At its meeting of July 6, 2000, the Planning Commission voted unanimously to recommend to the City Council the approval of General Plan Amendment No. 99 -2 (C), Local Coastal Program Amendment No. 55 and Amendment No. 904. At the Commission meeting, there was no public opposition to the request. A copy of the staff report that details the requests and minutes of that meeting are attached for the Council's information. r j% VICINITY MAP SUBJECT PROPERTY j��,� 11/1111111/11 �I •~ `�� II�III/li� ar►ni►► = 1ia � ` �i► General Plan Amendment 99 -2 (C) Subject Prooertv and Surrounding: Land Use Current Development: The subject property is currently vacant. To the north: Parking Lot To the east: Residential To the south: Residential and Commercial across Balboa Blvd. To the west: SCE sub - station and park GPA No. 99 -2(C) August 8, 2000 Page 2 Points and Authority • Conformance with the General Plan and the Local Coastal Program. The Land Use Element of the General Plan and the Land Use Plan of the Local Coastal Program designates the site for "Governmental, Educational and Institutional Facilities." The application involves a request to change the General Plan and the Local Coastal Program Land Use Plan designation to "Two Family Residential." Conformance with the Zoning Code The application involves a request to change the zoning designation from Planned Community to Two Family Residential (R -2). The proposed R -2 District allows residential development as a permitted use. Amendment procedures and requirements are set forth in Chapter 20.94 of the Municipal Code. 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. Background In October 1988 the City adopted a comprehensive update of the Land Use Element of the General Plan. As part of that action, the subject property was designated for "Governmental, Educational and Institutional' land uses since it was owned by Southern California Edison Company (SCE) and could accommodate a future sub - station expansion on the site. When SCE determined the site was no longer required for the future operation of their sub - station facility, SCE sold the property to the current owner. The request involves the redesignation of the General Plan Land Use Element, Local Coastal Program Land Use Plan and Zoning Designations on the parcel located at 1514 West Balboa Boulevard to "Two Family Residential' (R -2) to accommodate the future construction of a duplex. Analysis The subject lot is 2,936 square feet in size, which is allowed to be maintained since it was subdivided prior to August 2, 1943. The current owner is in the process of selling the property to another individual who intends to develop the site with the duplex. The requested density of two units per lot is consistent with the density allowed in the surrounding areas. Staff believes the proposed R -2 designation for the subject property is compatible and in keeping with the general character of the neighborhood. New development of the site will comply with the R -2 development standards, with the exception of the 20 -foot front yard setback. Part of this request is to establish a five -foot front yard setback N along the West Balboa Boulevard frontage of the subject property. This recommended setback is consistent with the front yard setbacks approved for the other R -2 properties in the area Should the property be rezoned, future development will need to incorporate appropriate design and construction techniques, given its proximity to the sub - station and three -story structure. The complete text of the Land Use Element and Local Coastal Program amendments is included in the attached Resolution. Submitted by: Prepared by: PATRICIA L. TEMPLE BOB GOLDIN Planning Director Project Planner Attachment: Planning Commission Staff Report of July 6, 2000 Resolution - GPA 99 -2 (C)/LCP Amendment No. 55 with Exhibit Draft Ordinance for Amendment 904 with Exhibits Excerpt of Planning Commission minutes of July 6, 2000 L1 drE��� e� C�4.YIPM`' CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 644 -3250 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE PLANNING COMMISSION PROJECT: 1514 West Balboa Boulvard Parker Stanbury LLP (applicant) July 6, 2000 3 Bob Goldin (949) 644 -3200 N/A PURPOSE OF APPLICATION: A request to amend the General Plan Land Use Element and the Local Coastal Program Land Use Plan to re- designate the subject property from Government, Education and Institutional Facilities (GEIF) to Two Family Residential (R -2), amend Districting Map No. 9 to rezone the subject property from Planned Community (PC) to Two Family Residential (R -2) and to establish a five foot front yard setback along the West Balboa Boulevard frontage of the subject property. ACTION: Recommend to the City Council approval of • General Plan AnrendmentNo. 99 -2 (C} • Local Coastal Plan Amendment No. 55 • Amendment No. 904 LEGAL DESCRIPTION: Lot 8, Block 115, Tract 234 ZONE: Planned Community GENERAL PLAN: Government, Education and Institutional (GEIF) OWNERS: Mavericks Development and Holdins, LLC, Santa Ana Points and Authori ty Conformance with the General Plan and the Local Coastal Program. The Land Use Element of the General Plan and the Land Use Plan of the Local Coastal Program designates the site for "Governmental, Educational and Institutional Facilities ". The application involves a request to change the General Plan and the Local Coastal Program Land Use Plan designation to "Two Family Residential' I • Conformance with the Zoning Code The application involves a request to change the zoning designation from Planned Community to Two Family Residential (IL-2). The proposed R -2 District allows residential development as a permitted use. • Amendment procedures and requirements are set forth in Chapter 20.94 of the Municipal Code. • 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. VICINITY MAP General Plan Amendment 99 -2 (C) Subject Property and Suroundine Land Uses Current Development The subject pmperty is cumntly vacant To the north: • ParldnS Lot To the cast: Residenfial To the south: Residential and Commemial across Balboa Blvd. To the west: SCE sub - station and park GPA No. 99 -2(C) July 6, 2000 Page 2 [� Background This item was continued to allow the Local Coastal Program Amendment to be properly advertised. In October 1988 the City adopted a comprehensive update of the Land Use Element of the General Plan. As part of that action, the subject property was designated for "Governmental, Educational and Institutional" land uses, since it was owned by Southern California Edison Company (SCE) and could accommodate a future sub - station expansion on the site. The request involves the redesignation of the General Plan Land Use Element, Local Coastal Program Land Use Plan and Zoning Designations on the parcel located at 1514 West Balboa Boulevard to Two Family Residential (R -2) to accommodate the future construction of a duplex. When SCE determined the site was no longer required for the future operation of their sub - station facility, SCE sold the property to the current owner. Analysis No specific development of the site is proposed at this time. The current owner is in the process of selling the property to another individual who intends to develop the site with the duplex, retaining one of the units as his primary residence. The proposed R -2 designation requested by the applicant is consistent with the land use designation of the properties to the south and east of the subject property. The zoning of the properties to the west and north is P -C which accomodates the SCE Substation and a mobile home park. As part of this request, it is also being recommeded by staff to establish a five foot front yard setback along the West Balboa Boulevard frontage of the subject property, which is consistent with the setbacks approved for the other R -2 properties in the area. Compatibility of Land Use The requested density of two units per lot is consistent with the density allowed in the surrounding areas. Therefore, the redesignation of the property to R -2 would not significantly increase the amount of traffic generated in the area, nor will it impact any coastal resources. The development of the subject property as a residential use will eliminate a potentially unsightly and under- utilized property. It will also preclude future SCE sub- station expansion on this site. Since the location of the property provides a compatible and logical site for residential uses and is surrounded by residential development, staff is of the opinion that the proposed project is compatible and in keeping with the general character of the neighborhood. The subject lot is 2936 square feet in size, which is allowed to be maintained since it was subdivided prior to August 2, 1943. New development of the site will have to comply with the R -2 development standards, with the exception of the 20 -foot front yard setback, which is recommended to be reduced to 5 feet, consistent with the other residential properties in the area Prior to recommending approval of redesignating the property to R -2, staff looked at the other permitted uses within the GEIF zone that could be developed on this 29.26' x 100' lot. The parcel is small and narrow, located between the sub- station and a three -story residential structure. In addition, most GEIF uses require a significant amount of parking to be provided on site. SCE sold the property to a private individual, which makes development of public GEIF related uses difficult. Other GEIF uses, such as private schools, religious facilities or clubs, also appear to be impractical or unfeasible on this site. Therefore, the best use for the property that meets the required parking would be a duplex or GPA No. 99 -2(C) July 6, 2000 Page 3 ! single family residence. Should the property be rezoned, future development will need to incorporate appropriate design and construction techniques, given its proximity to the sub- station and three -story structure. Staff acknowledges that the existing SCE substation use may be unattractive to the residents of the new duplex However, utility facilities are a necessary part of the infrastructure of an area, and all residents will be aware of the sub- station prior to occupancy. General Plan and Local Coastal Program Amendments 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 Local Coastal Plan is the document that helps regulate land uses and development within the coastal area of the City. The subject property is currently designated for Government, Education and Institutional Faciltites (GEIF) uses. The project is located in Statistical Area DI referred to as the West Bay Residential Area of the General Plan Land Use Element and the Local Coastal Program Land Use Plan. The application involves redesignating the property to Two Family Residential (R -2). Most of the surrounding area is residentially zoned and developed. Given SCE has sold the property and the parcel is no longer needed for public uses, it is the opinion of staff that future residential use of this property is a logical extension of the uses in the area. The amendment would add two additional units to the West Bav Residential area as highlighted below. West Bay Area (Statistical Area DI) West Bay Residential. The residential parts of the this area are designated for Single Family Detached, Two Family Residential and Multi - Family Residential land use. One unit is allowed on each lot of the original subdivisions, with no subdivisions allowed which will result in additional dwelling units allowed. Two Family Residential areas require 2,000 sq. ft. buildable lot area for duplex development, up to a maximum of two units per lot. Subdivisions which will result in additional dwelling units are not allowed. Multi - Family Residential areas require 1,200 sq. ft. of buildable lot area for each dwelling unit. This area is allocated 771 773 dwelling units. [GPA 98 -1 (A), GPA 99 -2 (C)] GPA No. 99 -2(C) July 6, 2000 Page 4 The Land Use Element contains twelve (12) development polices. Therefore, the proposed amendment in association with the other components of the proposed project, must be evaluated against these polices in order to determine its consistency with the General Plan. A. The City shall provide for sufficient diversity of land uses so that schools, employment, recreation areas, public facilities, churches and neighborhood shopping centers are in close proximity to each resident of the community. The proposed project consists of redesignating a former SCE parcel that is no longer required for utility use. The implementation of the proposed project would provide for two additional residences without resulting in an incompatibility with other land uses due to similar land uses in the area. In addition, the proposed project would not impede the City's efforts to provide schools, employment, recreation areas, public facilities, churches, and neighborhood shopping centers in close proximity to each resident of the community. Therefore, the proposed project is consistent with this policy. A To insure redevelopment of older or underutilized properties, and to preserve the value of property, the floor area limits specy7ed in the Land Use Element allow for some modest growth. To insure that traffic does not exceed the level of service desired by the City, variable floor area limits shall be established based upon the trip generation characteristics of land uses. The implementation of the proposed project will result in a modest intensification of residential usage of the project site by a maximum of two units, which is within the projected capacity and levels of service of the circulation system. Therefore, the proposed project is consistent with this policy. C. Commercial, recreation or destination visitor serving facilities in and around the harbor shall be controlled and regulated to minimize traffic congestion and parking shortages, GPA No. 99 -2(C) July 6, 2000 Page 5 j ESTIMATED GROWTH FOR STATISTICAL AREA DI Residential (in do's) Commercial (in sq.li.) Existing Gen. Plan Projected Existing Gen. Plan Projected 111/87 Projection Growth 111/87 Projection Growth 1. Marinapark 58 -0- (58) 7,000 10,000 3,000 2. le Street 2 -0- (2) 9,500 12,750 3,250 3. 15th Street 11 16 5 5,750 15,000 9,250 4. West Bay Residential 672 q7l -0- -0- -0- 5. GEIF -0- -0- -0- 47,107 50,000 2,893 TOTAL 743 69,357 87,750 18,393 Population 1,471 d, 88M. The Land Use Element contains twelve (12) development polices. Therefore, the proposed amendment in association with the other components of the proposed project, must be evaluated against these polices in order to determine its consistency with the General Plan. A. The City shall provide for sufficient diversity of land uses so that schools, employment, recreation areas, public facilities, churches and neighborhood shopping centers are in close proximity to each resident of the community. The proposed project consists of redesignating a former SCE parcel that is no longer required for utility use. The implementation of the proposed project would provide for two additional residences without resulting in an incompatibility with other land uses due to similar land uses in the area. In addition, the proposed project would not impede the City's efforts to provide schools, employment, recreation areas, public facilities, churches, and neighborhood shopping centers in close proximity to each resident of the community. Therefore, the proposed project is consistent with this policy. A To insure redevelopment of older or underutilized properties, and to preserve the value of property, the floor area limits specy7ed in the Land Use Element allow for some modest growth. To insure that traffic does not exceed the level of service desired by the City, variable floor area limits shall be established based upon the trip generation characteristics of land uses. The implementation of the proposed project will result in a modest intensification of residential usage of the project site by a maximum of two units, which is within the projected capacity and levels of service of the circulation system. Therefore, the proposed project is consistent with this policy. C. Commercial, recreation or destination visitor serving facilities in and around the harbor shall be controlled and regulated to minimize traffic congestion and parking shortages, GPA No. 99 -2(C) July 6, 2000 Page 5 j to ensure access to the water for residents and visitors, as well as maintain the high quality of life and the unique and beautiful residential areas that border the harbor. The proposed project does not affect access to the water. No specific development is proposed at this time. However, all new development is required to comply with the applicable City standards, including the R -2 zoning district standards for parking, height and setbacks. Therefore, the proposed project is consistent with this policy. D. The siting of new buildings and structures shall be controlled and regulated to insure, to the extent practical, the preservation of public views, the preservation of unique natural resources, and to minimize the alteration of natural land forms along bluffs and cliffs. The project site does not contain unique natural resources or natural landforms and development of the proposed project would not have a substantial adverse effect on a scenic vista. No specific development is proposed at this time. However, all new development is required to comply with the applicable City standards, including the R -2 Zoning District standards. Therefore, the proposed project is consistent with this policy. E. Provisions shall be made for the encouragement or development of suitable and adequate sites for commercial marine related facilities so as to continue the City's historical and maritime atmosphere, and the charm and character such businesses have traditionally provided the City. The site is not designated for marine related facilities and therefore, the proposed project is consistent with this policy. F. The City shall develop and maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and undergrounding of utilities and other development standards to insure that the beauty and charm of existing residential neighborhoods is maintained that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses and that the appearance of and activities conducted within, industrial developments are also compatible with surrounding land uses and consistent with the public health, safety and welfare. No specific development is proposed at this time. However, all new development is required to comply with the applicable City standards, including the R -2 Zoning District standards. Therefore, the proposed project is consistent with this policy. G. Restrict certain types of land use conversions or forms of ownership which, by their nature, reduce available housing, are incompatible with residential uses, or present police, health, or safety problems. The proposed project involves the creation of new housing in a location adjacent to very similar residential uses and does not create a public safety problem. Therefore the project is consistent with this policy. GPA No. 99 -2(C) July 6, 2000 Page 6 ` H. Continue to oppose the lease of. offshore tracts to oil producers and prohibit the construction of new onshore oil facilities except as may be necessary in conjunction with the operation of the West Newport oilfield The project does not directly or indirectly support offshore oil leases and does not involve on or offshore support facilities and therefore, Policy H is not applicable to the proposed project. I. Restrict and control development in flood hazard areas. The project site is not located within a flood hazard area according to the Safety Element of the General Plan, and therefore, the policy does not apply to the project. J. City shall aggressively pursue annexation of territory within its sphere of influence with due consideration given to costs and benefits associated with incorporation. Policy J is not applicable to the proposed project because it is already located within the City boundaries and does not affect potential future annexations. K. The land use designations and building intensity standards in this Element reflect limits on John Wayne Airport imposed by the Airport Settlement Agreement and the provisions of that Agreement have become an integral part of the land use and planning process of the City of Newport Beach. The City should take all steps necessary to preserve and protect the Agreement, as well as assist in the selection of a second commercial airport which, in coi junction with John Wayne Airport, could serve a majority of the County's short and medium haul demand The proposed project will not impact the Airport Settlement Agreement or the provisions of that agreement, and will have no effect on the operations of the John Wayne Airport, as there is a daily cap on the number of commercial flights from the airport, therefore, Policy K is not applicable to the proposed project. L. The City shall encourage its community commercial districts to reflect and complement the high quality of its residential areas. The City shall promote the prosperity of its several community commercial districts through the adoption and application of its planning, zoning, building and public works codes, regulations, policies and activities. The proposed project is residential and this policy applies to commercial districts, therefore Policy L is not applicable to the proposed project. Zoning Amendments In addition to the General Plan and Local Coastal Program Amendments, the applicant is requesting to rezone the subject property from the Planned Community (PC) to the Two Family Residential R -2 District. This will require an amendment to Districting Map No. 9. The R -2 zoning designation permits a residential development allocation of two units per lot. Because of the smaller lot sizes in this area, the City has approved a reduced front yard setback from the required 20 GPA No. 99 -2(C) July 6, 2000 Page 7 fed to five feet. The majority of homes in the area have been developed with the reduced five-foot front yard setback Therefore, it is being recommended to establish a five-foot front yard setback for the property, which is consistent with the other residential setbacks provided in the immediate area. 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 Two Family Residential R -2 residential use provides a more harmonious residential character on the block. Also, the addition of residential uses at the proposed location 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 rezoning to Two Family Residential R -2 could be found consistent with the General Plan, if the city approves the General Plan Amendment. The change to Two Family Residential R -2 does not appear to have any detrimental effect on the surrounding neighborhood or coastal resources. Therefore, staff suggests that the Planning Commission adopt the attached resolutions recommending to the City Council approval of the applications as presented. While staff has found facts that support approval, testimorry received and Commission discussion could raise issues not analyzed by staff. Should the Planning Commission wish to deny the proposal, suggested findings for denial are set forth in attached Exhibit No. 2. Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: BOB GOLDIN Project Planner Exhibits 1. Resolution recommending approval of GPA No. 99 -2(C), LCP Amendment No. 55 and Amendment No. 904, with exhibits. 2. Findings for denial. GPA No. 99 -2(C) July 6, 2000 Page 8 i- J RESOLUTION NO. 1521 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 99 -2(C) AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN AND LOCAL COASTAL PROGRAM AMENDMENT NO. 55 AMENDING THE LAND USE PLAN TO REDESIGNATE THE PROPERTY LOCATED AT 1514 WEST BALBOA BOULVARD FROM GOVERNMENT, EDUCATION AND INSTITUTIONAL FACILITIES (GEIF) TO TWO FAMILY RESIDENTIAL (R -2), AND APPROVAL OF AMENDMENT NO. 904 TO AMEND DISTRICTING MAP NO. 9 TO REZONE THE PROPERTY LOCATED AT 1514 WEST BALBOA BOULVARD FROM PLANNED COMMUNITY (PC) TO TWO FAMILY RESIDENTIAL (R -2) AND TO ESTABLISH A FIVE FOOT FRONT YARD SETBACK ALONG THE WEST BALBOA BOULEVARD FRONTAGE OF THE SUBJECT PROPERTY. 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, the Coastal Act of 1976 requires the City of Newport Beach to prepare a Local Coastal Program; and WHEREAS, as part of the development and implementation of the Coastal Act, a Local Coastal Program has been prepared; and WHEREAS, the Local Coastal Program Land Use Plan sets forth the objectives and supporting policies which serve as a guide for future development in the coastal areas of the City of Newport Beach; 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, 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, pursuant to Section 20.94, the Planning Commission has held a duly noticed public hearing on July 6, 2000 to consider General Plan Amendment No. 99 -2 (C) and Local Coastal Program Amendment No. 55 to redesignate the subject property located at 1514 West Balboa Boulevard, legal description being Lot 8, Block 115 of Tract 234, from "Government, Educational and Institutional Facilities" (GEIF) use to "Two Family Residential' use, and adoption of Amendment No. 904 to Title 20 of the Newport Beach Municipal Code, amending Districting Map No. 9 rezoning the subject property from PC to the R -2 District. NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Newport Beach does hereby find the amendments are consistent with the intent of the General Plan and the Local Coastal Plan and recommends to the City Council the adoption of General Plan Amendment No. 99 -2 (C) and Local Coastal Program Amendment No. 55 to redesignate the GPA No. 99 -2(C) July 6, 2000 Page 10 ) `j subject property located at 1514 West Balboa Boulevard, legal description being Lot 8, Block 115 of Tract 234, from "Government, Educational and Institutional Facilities" (GEIF) use to "Two Family Residential" use, and adoption of Amendment No. 904 to Title 20 of the Newport Beach Municipal Code, amending Districting Map No. 9 rezoning the subject property from PC to the R -2 District with a 5 -foot front yard setback, as depicted on Exhibit #1 and #2, attached hereto; and BY: Ed Selich, Chairman BY: Larry Tucker, Secretary d ADOPTED this 6JLday of July 2000, by the following vote, to wit: AYES: Ag�anian. Gifford. Kranzley. McDaniel. Selich NOES: None ABSENT: Kiser GPA No. 99 -2(C) July 6, 2000 Page 11 PROPOSED TEXT AMENDMENT CHANGES The proposed changes the General Plan Land Use Element and Local Coastal Program Land Use Plan will read as follows: West Bay Area (Statistical Area Dl) 3. West Bay Residential. The residential parts of the this area are designated for Single Family Detached, Two Family Residential and Multi - Family Residential land use. One unit is allowed on each lot of the original subdivisions, with no subdivisions allowed which will result in additional dwelling units allowed. Two Family Residential areas require 2,000 sq. ft. buildable lot area for duplex development, up to a maximum of two units per lot. Subdivisions which will result in additional dwelling units are not allowed. Multi - Family Residential areas require 1,200 sq. ft. of buildable lot area for each dwelling unit. This area is allocated 773 dwelling units. [GPA 98 -1 (A), GPA 99 -2 (C)] The table within the General Plan that applies to Statistical Area D1 shall be amended to read as follows: GPA No. 99 -2(C) July 6, 2000 Page 12 ESTIMATED GROWTH FOR STATISTICAL AREA DI Residential (in do's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected I /1/87 Projection Growth I /1/87 Projection Growth I. Marinapark 58 -0- (58) 7,000 10,000 3,000 2. 18ih Street 2 -0- (2) 9,500 12,750 3,250 3. 15th Street 11 16 5 5,750 15,000 9,250 4. West Bay Residential 672 773 101 -0- -0- -0- 5. GEIF -0- -0- -0- 47,107 50,000 2,893 TOTAL 743 789 46 69,357 87,750 18,393 Population 1,471 1,562 91 GPA No. 99 -2(C) July 6, 2000 Page 12 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. 99 -2(C) AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN AND LOCAL COASTAL PROGRAM AMENDMENT NO. 55 AMENDING THE LAND USE PLAN TO REDESIGNATE THE PROPERTY LOCATED AT 1514 WEST BALBOA BOULVARD FROM GOVERNMENT, EDUCATION AND INSTITUTIONAL FACILITIES (GEIF) TO TWO FAMILY RESIDENTIAL (R -2) 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, the Coastal Act of 1976 requires the City of Newport Beach to prepare a Local Coastal Program; and, WHEREAS, as part of the development and implementation of the Coastal Act, a Local Coastal Program has been prepared; and WHEREAS, the Local Coastal Program Land Use Plan sets forth the objectives and supporting policies which serve as a guide for future development in the coastal areas of the City of Newport Beach; and, d WHEREAS, the City's General plan dictates that the City shall provide for sufficient diversity of land uses so that schools, employment, recreation areas, public facilities, churches and neighborhood shopping centers are in close proximity to each resident of the community. The proposed project consists of redesignating a former SCE parcel that is no longer required for utility use. The implementation of the proposed project would provide for two additional residences without resulting in an incompatibility with other land uses due to similar land uses in the area. Additionally, the proposed project would not impede the City's efforts to provide schools, employment, recreation areas, public facilities, churches, and neighborhood shopping centers in close proximity to each resident of the community. Therefore, the proposed project is consistent with this policy. WHEREAS, the City's General plan dictates that the City shall insure redevelopment of older or underutilized properties, and to preserve the value of property, the floor area limits specified in the Land Use Element allow for some modest growth. To insure that traffic does not exceed the level of service desired by the City, variable floor area limits shall be established based upon the trip generation characteristics of land uses. The implementation of the proposed project will result in a modest intensification of residential usage of the project site by a maximum of two units, which is within the projected capacity and levels of service of the circulation system. Therefore, the proposed project is consistent with this policy. WHEREAS, the City's General plan dictates that commercial, recreation or destination visitor serving facilities in and around the harbor shall be controlled and regulated to minimize traffic congestion and parking shortages, to ensure access to the water for residents and visitors, as well as maintain the high quality of life and the unique and beautiful residential areas that border the harbor. The proposed project does not affect access to the water due to its location. Development of the site is required to comply with the applicable City standards, including the R -2 zoning district standards for parking, height and setbacks. Therefore, the proposed project is consistent with this policy. GPA No. 99 -2(C) August 8, 2000 Page 6 WHEREAS, the City's General plan dictates that the siting of new buildings and structures shall be controlled and regulated to insure, to the extent practical, the preservation of public views, the preservation of unique natural resources, and to minimize the alteration of natural land forms along bluffs and cliffs. The project site does not contain unique natural resources or natural landforms and development of the proposed project would not have a substantial adverse effect on a scenic vista. Development of the site is required to comply with the applicable City standards, including the R -2 Zoning District standards. Therefore, the proposed project is consistent with this policy. WHEREAS, the City's General plan dictates that provisions shall be made for the encouragement or development of suitable and adequate sites for commercial marine related facilities so as to continue the City's historical and maritime atmosphere, and the charm and character such businesses have traditionally provided the City. The site is not designated for marine related facilities and therefore, the proposed project is consistent with this policy. WHEREAS, the City's General Plan dictates that the City shall develop and maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and undergrounding of utilities and other development standards to insure that the beauty and charm of existing residential neighborhoods is maintained, that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses and that the appearance of, and activities conducted within, industrial developments are also compatible with surrounding land uses and consistent with the public health, safety and welfare. Development of the site is required to comply with the applicable City standards, including the R -2 Zoning District standards and therefore, the proposed project is consistent with this policy. WHEREAS, in conjunction with the consideration of the subject amendment to the Land Use Element of the General Plan and the Local Coastal Program Land Use 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, GPA No. 99 -2(C) August 8, 2000 Page 7 WHEREAS, pursuant to Section 20.94, the Planning Commission has held a duly noticed public hearing on July 6, 2000 to consider General Plan Amendment No. 99 -2 (C) and Local Coastal Program Amendment No. 55 to redesignate the subject property located at 1514 West Balboa Boulevard, legal description being Lot 8, Block 115 of Tract 234, from "Government, Educational and Institutional Facilities" (GEIF) use to "Two Family Residential' use, and adoption of Amendment No. 904 to Title 20 of the Newport Beach Municipal Code, amending Districting Map No. 9 rezoning the subject property from PC to the R -2 District and recommended approval to the City Council; and, WHEREAS, pursuant to Section 20.94, the City Council has held a duly noticed public hearing on August 8, 2000 to consider General Plan Amendment No. 99 -2 (C) and Local Coastal Program Land Use Plan Amendment No. 55. NOW THEREFORE the City Council of the City of Newport Beach does hereby resolve as follows: Section 1: The amendment is consistent with the intent of the General Plan and the Local Coastal Plan. Section 2: The City Council hereby redesignates the subject property located at 1514 West Balboa Boulevard, legal description being Lot 8, Block 115 of Tract 234, from "Government, Educational and Institutional Facilities" (GEIF) use to `Two Family Residential' use as depicted on Exhibit #1, attached hereto and incorporated herein. 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 _day of 2000 by the following vote to wit: GPA No. 99 -2(C) August 8, 2000 Page 8 F ATTEST: CITY CLERK I AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR GPA No. 99 -2(C) August 8, 2000 Page 9 EXHIBIT NO.1 The proposed changes the General Plan Land Use Element Local Coastal Program Land Use Plan, will read as follows: West Bay Residential: The residential parts of the this area are designated for Single Family Detached, Two Family Residential and Multi - Family Residential land use. One unit is allowed on each lot of the original subdivisions, with no subdivisions allowed which will result in additional dwelling units allowed. Two Family Residential areas require 2,000 sq. ft. buildable lot area for duplex development, up to a maximum of two units per lot. Subdivisions which will result in additional dwelling units are not allowed. Multi - Family Residential areas require 1,200 sq. ft. of buildable lot area for each dwelling unit. This area is allocated .774 773 dwelling units. [GPA 99 -2 (C), LCP 55] The table within the General Plan and Local Coastal Program Land Use Plan, that applies to Statistical Area Dl shall be amended to read as follows: GPA No. 99 -2(C) August 8, 2000 Page 10 ESTIMATED GROWTH FOR STATISTICAL AREA D1 Residential (in do's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 1/1/87 Projection Growth 1/1/87 Projection Growth 1. Marinapark 58 -0- (58) 7,000 10,000 3,000 2. 18th Street 2 -0- (2) 9,500 12,750 3,250 3. 15th Street 11 16 5 5,750 15,000 9,250 4. West Bay Residential 672 77-1273 941011 -0- -0- -0- 5. GEIF -0- -0- 0- 47,107 50,000 2,893 TOTAL 743 89.. 444 69,357 87,750 18,393 Population 1,471 13395 g8p GPA No. 99 -2(C) August 8, 2000 Page 10 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT NO. 904 TO AMEND DISTRICTING MAP NO. 9 TO REZONE THE PROPERTY LOCATED AT 1514 WEST BALBOA BOULVARD FROM PLANNED COMMUNITY (PC) TO TWO FAMILY RESIDENTIAL (R -2) AND TO ESTABLISH A FIVE FOOT FRONT YARD SETBACK ALONG THE WEST BALBOA BOULEVARD FRONTAGE OF THE SUBJECT PROPERTY. 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, in conjunction with the consideration of the subject amendment to the Zoning Code , 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, pursuant to Section 20.94, the Planning Commission has held a duly noticed public hearing on July 6, 2000 to consider General Plan Amendment No. 99 -2 (C) and Local Coastal Program Amendment No. 55 to redesignate the subject property located at 1514 West Balboa Boulevard, legal description being Lot S, Block 115 of Tract 234, from "Government, Educational and Institutional Facilities" (GEIF) use to "Two Family Residential' use, and adoption of Amendment No. 904 to Title 20 of the Newport Beach Municipal Code, amending Districting Map No. 9 rezoning the subject property from PC to the R -2 District and recommended approval to the City Council; and, WHEREAS, pursuant to Section 20.94, the City Council has held a duly noticed public hearing on August 8, 2000 to consider adoption of Amendment No. 904 to Title 20 of the Newport Beach Municipal Code, amending Districting Map No. 9 rezoning the subject property from PC to the R -2 District. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Districting Map No. 9 shall be amended to rezoned the subject property from PC to the R -2 District with a 5 -foot front yard setback, as provided in attached Exhibit #1. 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 August 8, 2000, and was adopted on the 22nd day of August by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS GPA No. 99 -2(C) August 8, 2000 Page 12 ATTEST: CITY CLERK J GPA No. 99 -2(C) August S, 2000 Page 13 i ZIgIHX�, ° O 3N" • ° �4 Y k aV t �J of •ov dV+ vvs i V Z I- U I- 0 O i v � i $ Igi aL J kQL tSxf�so °� �s �: *V.r °ate >w -ao to ° °.i °. av L. t`• -E pia ° -ri '1 pay ■ ^ 111. O 3N" • ° �4 Y k aV t �J of •ov dV+ vvs i V Z I- U I- 0 O i v � i $ Igi aL kQL tSxf�so °� �s �: *V.r °ate b` ^� 10'o -ao to ° °.i °. av L. t`• -E pia ° -ri k��¢.8 v:. c I� City of Newport Beach Planning Commission Minutes July 6, 2000 t ugh the OR rather than through the Development Agreement. That is what the cQkTments of Mr. Eaton were directed towards as noted in the staff report on page 3. Public commdhtiwas closed. Commissioner Tucke oted that his comments were pre - supposing that the update of the general an ended up with intensification out by the airport. There is also the distinct pos ' ility that exactly the opposite would occur as well. If we did proceed with that ex nsion approach, then we would have to figure out how to deal with the traffic m sures. There is no indication from an I have seen so far, that's what necessa ' is going to happen so that will play itself out. Commissioner Gifford asked staff what the ne agenda will include and was answered that the only item scheduled is Balboa lnh.nd any continuances from tonight other than Conexant. Motion was made by Commissioner Kranzley to continue this`kem to July 20th. Ayes: McDaniel, Agajanian, Selich, Gifford, Kranzley, Noes: None Absent: Kiser SUBJECT: Parker Stansbury, LLC., applicant 1514 West Balboa Boulevard • GPA 99 -2 • Local Coastal Plan Amendment No. 55 • Amendment 904 A request to amend the General Plan Land Use Element and the Local Coastal Program Land Use Plan to re- designate the subject property from Government, Education, and Institutional (GEIF) to Two Family Residential (R -2), amend Districting Map No. 9 to rezone the subject property from Planned Community (PC) to Two Family Residential (R -2) and to establish a 5 foot front yard setback along the West Balboa Boulevard frontage of the subject property. Public comment was opened. Richard Johnson, Parker Stansbury, law office representing the owner noted that it is a five -foot front yard setback they are asking for. There is a purchase offer on the property contingent on the R -2 zoning. Tom Hyans, 217 19th Street asked about the setbacks on Balboa Boulevard as he thought that this should be ten feet. 13 INDEX Item No. 3 GPA 99 -2 (C) A 904 Approved h�1 City of Newport Beach Planning Commission Minutes July 6, 2000 Ms. Temple answered that the ,setbacks in the older residential areas were established on the districting maps at the time they were adopted about the early 1949s. Each block was looked at independently and the setbacks were established based on the most typical condition for structures in existence at that time. The setbacks in the Balboa Peninsula area vary from 5 to 15 feet on a block by block basis. Staff looked at the proximity to this block and it appeared that 5 feet was the most common condition. At Commission inquiry, Mr. Hyans answered: • Duplex at that site - would place residents in a close proximity to the SCE substation, which generates a constant hum. • For density reasons - it would be reasonable. • Alternative land use - has none • Did not know what the adjacent property setback is. Mr. Johnson noted that the adjacent apartment has a five -foot setback, which is consistent on that block. Public comment was closed. Motion was made by Commissioner Gifford to recommend approval to the City Council of General Plan Amendment No. 99 -2 ©, Local Coastal Plan Amendment No. 55 and Amendment 904 pursuant to Resolution 1521. Ayes: McDaniel, Agajanion, Selich, Gifford, Kranzley, Tucker Noes: None Absent: Kiser At The Beach, The Chart House (Gordon Barienbrock, applicant) 2751 and 2801 West Coast Hwy. • Use Permit No. 3674 • Outdoor Dining Permit No. 67 Outdoor Dining Permit No. 68 • -site Parking Agreement Request to add accessory outdoor dine to two existing full service restaurants, a 768 sq. ft. outdoor dining area for the existiftg,,Chart House Restaurant and a 515 sq. ft. outdoor dining area with a 220 square f6otservice area, for the existing Billy's At The Beach restaurant. A use permit is requ for Billy's At The Beach because the proposed area of the outdoor dining a will exceed the permitted 25% of the net public area of the interior of the stauir The proposal includes a request to approve on off -site parking agree t for one additional required parking space for the dining area and for the elimin ' n of one on -site parking space and relocation to the off -site lot. 14 INDEX Item No. 4 UP No. 3674 ODP No. 67 ODP No. 68 Off -site Parking Agreement Removed from calendar 4 Civic Woxo Suite 260 Newport Beach California 92660 949544.1600 Fax: 949.644 -1690 3377 via Lido Newport Beach California 92663 949.123.8800 Fax: 949. 723.8700 v ?9 :36 \C'i August 2, 2000 COUNCIL AGENDA N0. 1lo 2-2-00 Ms. LaVonne M. Harkless Mr. Bob Goldin City of Newport Beach 3300 Newport Boulevard Newport Beach, CA. 92663 RE: Public Hearing 1514 West Balboa Blvd. Dear LaVonne & Bob, I have received the Notice of Public Hearing for the above referenced property. I currently own the building next door, located at 1510 West Balboa Blvd. I am opposed to establishing a five -foot front yard setback. The setback would create a hardship on my building given that it would dramatically reduce the light and sun from the pool deck at my building. This would also create privacy issues, as the new building would be looking straight down into the pool area. I recently purchased this building under the understanding that there was and would continue to be a twenty -foot front yard setback. John you for your time and consideration. Should you have any ins please contact me at (949) 717 -4711. l y, 1 q /__o lJt a5e a z' ao osl9t, W. wRo / _ /, a e m ! - . ■e - 2 \ \ ] §\ � E 9 , §@■ S3m� `® . . LU ■ % @ a § ) } § ��� . \&/ } S3m� `® . . LU ■ _-2 k �! � - _� � s ■ s | � % @ ) } § ��� . \&/ } / _� } r- _-2 k �! � - _� � s ■ s | � �xx % @ �`■ } �xx % @ [ S & 8 � � ....