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HomeMy WebLinkAbout08 - 205 Orange Street - GPA 2002-002-PA2001-186o��EW�Rr CITY OF NEWPORT BEACH Hearing Date: September 10, 2002 In PLANNING DEPARTMENT Agenda Item: 19 t' ,= 3300 NEWPORT BOULEVARD Staff Person: Bill Cunningham • C1L,F00.P1 NEWPORT BEACH, CA 92658 949 - 644 -3200 (949) 644 -3200; FAX (949) 644 -3229 REPORT TO THE CITY COUNCIL PROJECT: General Plan Amendment No. 2002 -002, Local Coastal Plan Amendment No. 2002 -001, and Code Amendment No. 2002 -002 (PA2001 -186) C) -d y_0yZ 205 Orange Street 0 SUMMARY: Request to change the General Plan Land Use designation from Retail & Commercial to Two - Family Residential, change the Local Coastal Plan designation from Retail & Service Commercial to Two - Family Residential, and change the zoning designation within the Newport Shores Specific Plan from Commercial to Residential, in order to replace an existing single - family dwelling with a duplex. ACTION: For the meeting of September 10.2002: 1) Hold a public hearing. 2) Adopt the attached resolution approving General Plan Amendment 2002 -002 and Local Coastal Plan Amendment 2002 -001. APPLICANT: PROPERTY OWNER: 3) Introduce Ordinance No. 2002 -_, which would grant approval to Code Amendment 2002 -002. For the meeting of September 24.2002: Adopt Ordinance No. 2002 -_, thereby approving Code Amendment No. 2002 -002. Mark Fairbanks Ronald Sutherland 6307 Winona Avenue St. Louis, MO 63109 Introduction & Background A letter was received from the property owner, Ronald Sutherland, on September 26, 2001, requesting that his property be redesignated from Commercial to Residential for the purposes of constructing a new duplex to replace an older existing single - family dwelling. The Planning Commission considered the request on October 4, 2001, and the Planning Commission took action to recommend to the City Council that a General Plan Amendment, Local Coastal Plan Amendment be initiated. The City Council took action on October 23, 2001 to initiate the • amendments. The Planning Commission held a public hearing on the request on August 8, 2002, and took action to recommend to the City Council that the General Plan Amendment, Local Coastal Plan Amendment and Code Amendment be approved. Discussion The property is currently designated for commercial uses by the General Plan Land Use Element and the Local Coastal Plan, and has a commercial designation within the Newport Shores Specific Plan District #4. The property owner wishes to demolish the older single - family structure on the lot and construct a new duplex. However, the existing structure is a nonconforming use, and construction of a new duplex is precluded by the existing commercial land use designations. The applicant's project requires amendments to the General Plan, Local Coastal Plan and the Newport Shores Specific Plan. In order to determine the appropriateness of the request, the Planning Commission considered the policies contained within the General Plan Land Use Element. Policies B and F are significant in that they relate to redevelopment of older properties and maintenance of existing residential neighborhoods. Land Use Element Policy B states: "To 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 lama uses. " As noted above, the property is currently designated for commercial uses, and the applicant proposes to construct a new duplex to replace an older single - family structure that is a nonconforming use. The traffic and parking generation, particularly during peak hours is generally less for a two - family dwelling as opposed to a commercial use, particularly a traffic /parking intensive use such as a restaurant. Therefore, the requested amendment from commercial to two - family residential can be viewed as meeting the intent of Policy B. However, the change will facilitate the construction of one additional residential unit, resulting in an increase in traffic over the current generation from the existing single - family dwelling. Nevertheless, the increase in trips expected is less than 10 average daily trips (ADT), which is considered negligible and can be accommodated within the traffic network. Land Use Element Policy F states: "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... " • GP2002 -002 (PA2001 -186) September 10, 2002 Page 2 of 4 The subject property fronts Orange Street, which is a residential street. Surrounding commercial uses front onto West Coast Highway. Unless joined with the commercial property to the south that • fronts West Coast Highway, the subject property, if developed for a commercial use, would front onto Orange Street and would introduce commercial traffic and parking onto that residential street. In addition, a residential use on the lot would be consistent with the surrounding duplexes that exist to the west, north and east. Local Coastal Plan Implementation Guideline No. 2 of the Local Coastal Program Land Use Plan states: "The City shall encourage refurbishment, remodeling and modest expansion of older, nonconforming buildings within community commercial districts by grandfathering such nonconforming use when feasible and practicable. " The subject property is an existing nonconforming single - family residence, and limited repairs and upkeep can be undertaken under that status. However, surrounding uses consist of duplexes, and the property cannot be totally reconstructed under the existing nonconforming status. A change in the land use classification can be viewed as furthering the intent and goals of the Local Coastal Plan by allowing redevelopment of the property consistent with the surrounding two - family residential uses, and would be an appropriate use for property on a residential street (Orange Street). Zoning Code • The property is designated "Commercial' within the Newport Shores Specific Plan (SP -4). Staff notes there is ample neighborhood- serving and visitor- serving commercial uses within the area, and there is limited need for additional commercial in the vicinity of the subject property, particularly on a lot that is very limited in size and that fronts a local residential street. E If it is determined that a General Plan Amendment and Local Coastal Plan Amendment are appropriate in accordance with the foregoing analysis, it is necessary to designate the property for "Residential Uses" within the Specific Plan District (Chapter 20.41 of the Zoning Code) in order to have consistency between the general plan and zoning. Eventual redevelopment of the property, if rezoned, will require that the development be consistent with the residential development regulations of the Newport Shores Specific Plan. Measure S Analysis (Greenlieht) The amendments consists of a change in the land use designation from Retail & Service Commercial to Two - Family Residential and will result in an increase in the total number of residential dwelling units by two and a decrease in the commercial area by 1,275 square feet within Statistical Area B1. The addition of two dwelling units will generate a minor increase in average daily vehicle trips, which is offset by the decrease in average daily trips resulting from the decrease in commercial square footage. Therefore, none of the three thresholds to require a vote pursuant to Measure S (Greenlight) are exceeded. If the City Council approved the recommended amendments, it will become a "previous amendment' that will be tracked for ten years. During this GP2002- 002(PA2001 -186) September 10, 2002 Page 3 of 4 time period, the floor area and traffic will be added to any future amendments or other applicable changes in the General Plan land uses to determine if a threshold is exceeded and a vote is required. Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (Construction of limited numbers of new, small facilities or structures). Under this exemption, up to 6 units can be constructed in an urbanized area provided the project does not impact environmentally sensitive resources. The site is currently developed with a single - family dwelling and is within an urbanized area, utilities are available and no significant environmental resources are on the site or are in close proximity to the site. Recommendation Based upon the review of the various documents to be amended as well as the potential project resulting from the amendments if approved, staff recommends that the City Council uphold the Planning Commission recommendation and approve the request by adopting the attached Resolution and Ordinance. Submitted by: PATRICIA L. TEMPLE Planning Director alM Exhibits Prepared by: WILLIAM CUNNINGHAM Contract Planner 1. Draft City Council Resolution No. _ 2. Draft City Council Ordinance No. 2002-_ 3. Planning Commission Staff Report dated August 8, 2002, with Exhibits 4. Planning Commission Resolution No. 1567 5. Planning Commission Minutes dated August 8,2002 GP2002 -002 (PA2001 -186) September 10, 2002 Page 4 of 4 • • • 0 E EXHIBIT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. • 2002 -002 AMENDING THE SECTION TITLED "NEWPORT SHORES (STATISTICAL STATISTICAL AREA Bl)' WITHIN THE LAND USE ELEMENT OF THE GENERAL PLAN AND AMENDING THE LOCAL COASTAL PLAN PERTAINING TO THE DEVELOPMENT ALLOCATION FOR PROPERTY IDENTIFIED AS 205 ORANGE STREET (LOT NO. S, SEASHORE COLONY TRACT) WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared; and WHEREAS, the Land Use Element sets forth objectives, supporting policies and limitations for development in the City of Newport Beach; and WHEREAS, the Land Use Element designates the general distribution and general location and extent of the uses of land and residential densities; and WHEREAS, the City's General Plan dictates that the City insure redevelopment of older or underutilized properties and preserve the value of property by allowing for some modest growth, while maintaining acceptable levels of traffic service, and the implementation of the proposed project will not result in an increase in traffic and parking, and will have a less than significant impact on the projected capacity and levels of service of the circulation system, therefore, the proposed project is consistent with this policy; and WHEREAS, the City's General Plan indicates that the City shall maintain suitable and is adequate standards for landscaping, sign control, site and building design, parking and undergrounding of utilities to ensure that the quality and character of residential neighborhoods are maintained and that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses. The proposed project is consistent with this policy; and WHEREAS, The Local Coastal Program Land Use Plan includes implementation guidelines that encourages refurbishment, remodeling and modest expansion of older, nonconforming buildings. The proposed project will result in the elimination of a nonconforming use that is compatible with surrounding residential land uses. The change of the land use designation of the subject property to Two Family Residential within the Local Coastal Plan shall only become effective upon the approval of Local Coastal Plan No. 2002 -001 by the California Coastal Commission; and, WHEREAS, in conjunction with the consideration of the subject amendment to the Land Use Element of the General Plan, the proposed project has been determined to be Categorically Exempt under the Class 3 (New Construction or Conversion of Small Structures) requirements of the California Environmental Quality Act (CEQA), and the State CEQA Guidelines; and, WHEREAS, the Planning Commission has held a duly noticed public hearing on August 8, 2002 to consider General Plan Amendment No. 2002 -002 and Local Coastal Plan Amendment No. 2002 -001, and recommended approval to the City Council; and, u l! WHEREAS, the City Council held a duly noticed public hearing on September 10, 2002 to consider General Plan Amendment No. 2021 -023 and Local Coastal Plan Amendment No. 2002 -001. • NOW THEREFORE the City Council of the City of Newport Beach does hereby resolve as follows: Section 1. The City Council finds that the proposed amendments are consistent with the intent of the General Plan. The project consists of a change in the land use designation from Retail & Service Commercial to Two - Family Residential and will result in an increase in the total number of residential dwelling units by two and a decrease in the commercial area by 1,275 square feet for the site. Section 2. Public and affected agencies have had ample opportunity to participate in the amendment process. The required public notification was provided for this application in accordance with City and State law. Section 3. All policies, objectives, and standards of the proposed amendment to the Certified Local Coastal Program, Land Use Plan conform to the requirements of the Coastal Act, including that the land use plan as amended is in conformance with and adequate to carry out the Chapter Three policies of the Coastal Act. The designation of the subject property is consistent with Chapter Three. The site does not abut the water. The site is insufficient in size to provide adequate off - street parking for non - residential uses. The site has residential development to the north, east and west. The designation of the subject site to Two Family Residential would be compatible and consistent with the surrounding uses and development in the area. The level and pattern of development proposed is reflected in the Land Use Plan, Zoning Code, and Zoning • Map. Section 4. That Coastal Act policies concerning specific coastal resources, hazard areas, coastal access concerns, and land use priorities have been applied to determine the type, locations, and intensity of land and water uses. The site contains no coastal resources or hazards. The project will not interfere with the public's right of access to coastal resources as the site does not abut the Pacific Ocean, Newport Bay or other coastal resource. The site will not reasonably serve a public access function and additional access through the subject property is not needed. The resignation of the site to Two Family Residential will not interfere with the marinas, docking facilities or boating facilities in the area, since any new development must comply with the required on site parking standards setbacks, height and other related City regulations. Non- residential uses are not suitable for this site, given its small size and its location. The site is insufficient in size to provide adequate off - street parking for non - residential uses; therefore the Two Family Residential designation is the most appropriate use and intensity for the subject site. Section 5. A procedure has been established to ensure adequate notice of interested persons and agencies of impending development proposed after certification of the LCPA. The Local Coastal Plan Land Use Plan amendment shall be implemented in a manner fully in conformity with the Coastal Act, including proper notification. All new development will be subject to R -2 regulations of the City. Section 6. Zoning measures are in place (prior to or concurrent with the proposed amendment), which are in conformance with and adequate to carry out the coastal policies of the 1 Land Use Plan. The City has rezoned the site to SP -4, Residential concurrent with the General Plan and Local Coastal Program, Land Use Plan applications to be consistent. Section 7. The City's certified Land Use Plan, including this amendment shall be implemented in a manner fully in conformity with the Coastal Act. • Section 8. The Planning Director is hereby directed to submit Local Coastal Program Amendment No. 2001 -002 to the California Coastal Commission for review and approval. Section 9. The change of the land use designation of the subject property located at 205 Orange Street from Retail & Service Commercial to Two Family Residential; shall only become effective upon the approval of Local Coastal Program Amendment No. 2002 -002 by the California Coastal Commission. Section 10. Pursuant to Section 13518 of the California Code of Regulations this Land Use Plan amendment shall take effect automatically upon Coastal Commission action unless the Coastal Commission proposes suggested modifications. In the event that the Coastal Commission proposes revisions, this Land Use Plan amendment shall not take effect until the City Council adopts the Commission modifications and all the requirements of Section 13544 of the California Code of Regulations are met. Section 11. The amendments proposed under the application for General Plan Amendment No. 2002 -002 are approved, as shown in the Attachment No. "A ", and for Local Coastal Plan Amendment No. 2002 -001, referenced and incorporated herein, for the property identified as 205 Orange Street. This resolution shall take effect immediately upon adoption. Passed and adopted by the City • Council of Newport Beach at a regular meeting held on the day of , 2002 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK • C' • • u ATTACHMENT "A" TO RESOLUTION NO. All provisions of the Land Use Element of the General Plan remain unchanged except for the following paragraph within Statistical Area B 1: Newport Shores (Statistical Area BI) 3. Newport Shores SAP. The Newport Shores Specific Area Plan includes commercial and residential areas along the north side of West Coast Highway between the Santa Ana River and the eastern bend of Seminiuk Slough. Land use designations within the plan area include Retail and Service Commercial and Two - Family Residential, with two large sites in the western end of the area shown for Multi - Family Residential land use. Areas designated for commercial use are limited to a floor area ratio of 0.5/0.75. Total residential development allocated is 2-9-3 295 dwelling units. Two - Family Residential areas allow two dwelling units per lot (with 2,000 sq.ft. of buildable lot area) and Multi - Family Residential areas allow two units for the first 2,400 sti t., plus one dwelling unit for each additional 1,500 sq.ft. of buildable lot area. C'� ESTIMATED GROWTH FOR STATISTICAL AREA B1 Residential (in du's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 01101/1987 Projection Growth 01/01/1987 Projection Growth 1. Seminiuk Slough -0- -0- -0- -0- -0- -0- 2. Newport Shores 459 459 -0- -0- -0- -0- 3. Newport Shores SAP 203 2293 90 104,198 Iii 7-23 14,525 285 92 120.448 16250 TOTAL 662 732 90 104,198 i2l,723 17,525 754 92 120,448 16,250 Population 1,311 +;489 4-79 1 492 181 C'� ATTACHMENT "B" TO RESOLUTION NO. All provisions of the Local Coastal Program Land Use Plan remain unchanged except for the following paragraph on Page 47 of the West Newport section of the Land Use Plan: Newport Shores 3. Newport Shores SAP. The Newport Shores Specific Area Plan includes commercial and residential areas along the north side of West Coast Highway between the Santa Ana River and the eastern bend of Seminiuk Slough. Land use designations within the plan area include Retail and Service Commercial and Two - Family Residential, with two large sites in the western end of the area shown for Multi - Family Residential land use. Areas designated for commercial use are limited to a floor area ratio of 0.5/0.75. Total residential development allocated is 293 295 dwelling units. Two - Family Residential areas allow two dwelling units per lot (with 2,000 sq.ft. of buildable lot area) and Multi - Family Residential areas allow two units for the first 2,400 sq.ft., plus one dwelling unit for each additional 1,500 sq.ft. of buildable lot area. • • • ESTIMATED GROWTH FOR STATISTICAL AREA B1 Residential (in du's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth 1. Seminiuk Slough -0- -0- -0- -0- -0- -0- 2. Newport Shores 459 459 -0- -0- -0- -0- 3. Newport Shores SAP 203 293 90 104,198 121, -723 171525 295 92 120.448 16,250 TOTAL 662 952 90 104,198 12 3 N1525 754 92 120,448 16250 Population 1,311 -1489 478 1 492 181 • • • 0 0 0 EXHIBIT 2 ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. 2002 -002 REQUESTING AN AMENDMENT TO THE LAND USE MAP OF THE NEWPORT SHORES SPECIFIC PLAN (SP#4) CHANGING THE DESIGNATION OF 205 ORANGE STREET FROM COMMERCIAL TO RESIDENTIAL (PA2001 -186). Section 1. An application was filed by Mark Fairbanks on behalf of the property owner Ronald Sutherland with respect to property located at 205 Orange Avenue and legally described as Lot 5, Seashore Colony Tract, requesting to change the General Plan Land Use designation from Retail & Commercial to Two - Family Residential, change the Local Coastal Plan designation from Retail & Service Commercial to Two - Family Residential, and change the zoning designation within the Newport Shores Specific Plan from Commercial to Residential (General Plan Amendment No. 2002 -002, Local Coastal Plan Amendment No. 2002 -001, and Code Amendment No. 2002 -002). Section 2. A public hearing was held on August 8, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. At the conclusion of this meeting, the Planning Commission adopted Resolution No. 1567 • recommending that the City Council approve the requested applications. Section 3. 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 Section 4. The City Council held a noticed public hearing on September 10, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the City Council at this meeting. Section 5: The City Council of the City of Newport beach does hereby approve Code Amendment No. 2001 -002 as depicted in Attachment No. 1. Section 6: 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. • I:� Ordinance No. 2002 - Page 2 of 3 • This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on September 10, 2002, and was adopted on the 24th day of September by the following vote, to wit: E ATTEST: CITY CLERK E AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS �FMOIN I�_J Np SS � • •• L ' i1f � " 1.' L•L .yf.•• .'t•• L IV Cu f L L Q. .f •fti ..•• (D E U 5 0 o(DCu UO!� GOP Cu N � 0 of m 2:5 N 0 Q o "2 CL 0 � y c. a v Zc a3i .5 m Z •5J 0 o a 0 0 a .. D m��cH O �ti J >0 A117 Attachment No. 1 of Ordinance No. 2002- r' 0 LJ 0 EXHIBIT 3 o��EwvoR o CITY OF NEWPORT BEACH Hearing Date: August 8, 2002 PLANNING DEPARTMENT Agenda Item: 2 3300 NEWPORT BOULEVARD Staff Person: Bill Cunningham C�UFp0.0.,t NEWPORT BEACH, CA 92658 (949) 644 -3200 • (949) 644 -3200; FAX (949) 644 -3229 Council Review: Automatic if approved REPORT TO THE PLANNING COMMISSION PROJECT: General Plan Amendment No. 2002 -002, Local Coastal Plan Amendment No. 2002 -001, and Code Amendment No. 2002 -002 (PA2001 -186) 205 Orange Street SUMMARY: Request to change the General Plan Land Use designation from Retail & Commercial to Two - Family Residential, change the Local Coastal Plan designation from Retail & Service Commercial to Two - Family Residential, and change the zoning designation within the Newport Shores Specific Plan from Commercial to Residential, in order to replace an existing single - family dwelling with a duplex. ACTION: Adopt the attached resolution recommending that the City Council approve the requested amendments. APPLICANT: Mark Fairbanks PROPERTY OWNER: Ronald Sutherland 6307 Winona Avenue St. Louis, MO 63109 LOCATION: On the west side of Orange Street and approximately 45 feet north of West Coast Highway. LEGAL DESCRIPTION: Lot 5, Seashore Colony Tract. GENERAL PLAN: Retail & Service Commercial ZONING DISTRICT: Newport Shores Specific Plan (SP-4) - Commercial is • 1� E • u GP 2002- 002/1[,C 2002 - 001 /CA 2002 -002 (PA2002 -103) 205 Orange Street Current Development: Single - Family Residence �..� 6 Duplex To the east .�..\ Vol To the south Commercial (Take -out restaurant and real estate office) � 33J Duplexes across an alley =i .p Sub ject_Property CANAL 8T Z 00*" 6'Ly�' _ ao COMMERCIAL y =O= o� RESIDENTIAL � �e N 0 200 400 Feet VICINITY MAP w+E S GP 2002- 002/1[,C 2002 - 001 /CA 2002 -002 (PA2002 -103) 205 Orange Street Current Development: Single - Family Residence To the north: Duplex To the east Commercial and a duplex across Orange Street To the south Commercial (Take -out restaurant and real estate office) To the west: Duplexes across an alley GP2002- 002/CA2002- 002(PA2001 -186) August 8, 2002 Page 2 of 5 Introduction & Background A letter was received from the property owner, Ronald Sutherland, on September 26, 2001, • requesting that his property be redesignated from Commercial to Residential for the purposes of constructing a new duplex to replace an older existing single - family dwelling. The Planning Commission considered the request on October 4, 2001, and the Planning Commission took action to recommend to the City Council that a General Plan Amendment, Local Coastal Plan Amendment be initiated. The City Council took action on October 23, 2001 to initiate the amendments. Project Overview The property is currently designated for commercial uses by the General Plan Land Use Element and the Local Coastal Plan, and has a commercial designation within the Newport Shores Specific Plan District #4. The property owner wishes to demolish the older single - family structure on the lot and construct a new duplex. However, the existing structure is a nonconforming use, and construction of a new duplex is precluded by the existing commercial land use designations. The applicant's project requires amendments to the General Plan, Local Coastal Plan and the Newport Shores Specific Plan. Analysis The property is developed with an older single - family dwelling. There is no record of the original building permit on file, but, according to the property owner, the structure dates to 1953. The property is adjacent to two - family residential structures located to the west, north and east. • Properties to the south front West Coast Highway and are designated and developed for commercial uses. General Plan In order to determine the appropriateness of the request, staff considered the policies contained within the General Plan Land Use Element. Policies B and F are significant in that they relate to redevelopment of older properties and maintenance of existing residential neighborhoods. Land Use Element Policy B states: "To 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. " As noted above, the property is currently designated for commercial uses, and the applicant proposes to construct a new duplex to replace an older single - family structure that is a nonconforming use. The traffic and parking generation, particularly during peak hours is generally less for a two - family dwelling as opposed to a commercial use, particularly a traffic /parking intensive use such as a restaurant. Therefore, the requested amendment from commercial to two- • GP2002- 002/CA2002 -002 (PA2001 -186) August 8, 2002 Page 3 of 5 family residential can be viewed as meeting the intent of Policy B. However, the change will • facilitate the construction of one additional residential unit, resulting in an increase in traffic over the current generation from the existing single - family dwelling. Nevertheless, the increase in trips expected is less than 10 average daily trips (ADT), which is considered negligible and can be accommodated within the traffic network. Land Use Element Policy F states: "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... " The subject property fronts Orange Street, which is a residential street. Surrounding commercial uses front onto West Coast Highway. Unless joined with the commercial property to the south that fronts West Coast Highway, the subject property, if developed for a commercial use, would front onto Orange Street and would introduce commercial traffic and parking onto that residential street. In addition, a residential use on the lot would be consistent with the surrounding duplexes that exist to the west, north and south. Local Coastal Plan Implementation Guideline No. 2 of the Local Coastal Program Land Use Plan states: "The City • shall encourage refurbishment, remodeling and modest expansion of older, nonconforming buildings within community commercial districts by grandfathering such nonconforming use when feasible and practicable. " The subject property is an existing nonconforming single - family residence, and limited repairs and upkeep can be undertaken under that status. However, surrounding uses consist of duplexes, and the property cannot be totally reconstructed under the existing nonconforming status. A change in the land use classification can be viewed as furthering the intent and goals of the Local Coastal Plan by allowing redevelopment of the property consistent with the surrounding two - family residential uses, and would be an appropriate use for property on a residential street (Orange Street). Zoning Code The property is designated "Commercial' within the Newport Shores Specific Plan (SP -4). Staff notes there is ample neighborhood- serving and visitor - serving commercial uses within the area, and there is limited need for additional commercial in the vicinity of the subject property, particularly on a lot that is very limited in size and that fronts a local residential street. If it is determined that a General Plan Amendment and Local Coastal Plan Amendment are appropriate in accordance with the foregoing analysis, it is necessary to designate the property for "Residential Uses" within the Specific Plan District (Chapter 20.41 of the Zoning Code) in order to have consistency between the general plan and zoning. Eventual redevelopment of the property, if • GP2002- 002/CA2002 -002 (PA2001 -186) August 8, 2002 Page 4 of 5 I rl rezoned, will require that the development be consistent with the residential development regulations of the Newport Shores Specific Plan. Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (Construction of limited numbers of new, small facilities or structures). Under this exemption, up to 6 units can be constructed in an urbanized area provided the project does not impact environmentally sensitive resources. The site is currently developed with a single - family dwelling and is within an urbanized area, utilities are available and no significant environmental resources are on the site or are in close proximity to the site. Conclusion Staff believes the request for the General Plan Amendment, Local Coastal Plan Amendment and Code Amendment is reasonable in that it will result in a land use that is compatible with surrounding residential development; is a more appropriate use along Orange Street, a predominantly residential street; will result in less traffic and parking intensity when compared to a possible commercial use of the property, particularly along Orange Street; will result in making a nonconforming property conforming with respect to the Zoning Code; and is consistent with the policies of the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan. If the Commission concurs, the draft resolution recommending to the City Council that they approve the amendments should be considered (Exhibit No. 1). The Commission has the option to recommend to the City Council that the General Plan, Local Coastal Plan and Zoning on the property not be changed. ht this case, it would be appropriate to adopt a resolution recommending that the amendments not be approved. Submitted by: PATRICIA L. TEMPLE Planning Director Exhibits 1. Resolution No. 2002- Prepared by: WILLIAM CUNNINGHAM Contract Planner • • • GP2002- 002/CA2002 -002 (PA2001 -186) August 8, 2002 Page 5of5 7' 0 EXHIBIT 4 RESOLUTION NO. 1567 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL • APPROVE GENERAL PLAN AMENDMENT NO. 2002 -002, LOCAL COASTAL PLAN AMENDMENT NO. 2002 -001, AND CODE AMENDMENT NO. 2002 -002, THEREBY AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN AND THE LAND USE DESIGNATION OF THE NEWPORT SHORES SPECIFIC PLAN (SP4) FOR PROPERTY IDENTIFIED AS 205 ORANGE STREET. Section 1. An application was filed by Mark Fairbanks on behalf of the property owner Ronald Sutherland with respect to property located at 205 Orange Avenue and legally described as Lot 5, Seashore Colony Tract, requesting to change the General Plan Land Use designation from Retail & Commercial to Two - Family Residential, change the Local Coastal Plan designation from Retail & Service Commercial to Two - Family Residential, and change the zoning designation within the Newport Shores Specific Plan from Commercial to Residential. Section 2. A public hearing was held on August 8, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. As part of the development and implementation of the Newport Beach General Plan, the • Land Use Element has been prepared. The Land Use Element sets forth objectives, supporting policies and limitations for development in the City of Newport Beach, and the Land Use Element designates the general distribution and general location and extent of the uses of land and residential densities; and 2. The City's General Plan dictates that the City insure redevelopment of older or underutilized properties and preserve the value of property by allowing for some modest growth, while maintaining acceptable levels of traffic service. The implementation of the proposed project will not result in an increase in traffic and parking, and will have a less than significant impact on the projected capacity and levels of service of the circulation system. Therefore, the proposed project is consistent with this policy; and 3. The City's General Plan indicates that the City shall maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and undergrounding of utilities to ensure that the quality and character of residential neighborhoods are maintained and that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses. The proposed project is consistent with this policy; and • 4. The Local Coastal Program Land Use Plan includes implementation guidelines that encourages refurbishment, remodeling and modest expansion of older, nonconforming buildings. The proposed project will result in the elimination of a nonconforming use is that is compatible with surrounding residential land uses. The change of the land use designation of the subject property to Residential within the Local Coastal Plan shall only become effective upon the approval of Local Coastal Plan No. 2002-001' by the California Coastal Commission; and, • • 5. The change in the designation of the land use within the Newport Shores Specific Plan will result in consistency between the General Plan and Zoning and further, will require development of the site to comply with the applicable City standards as outlined in the Zoning Code, for building height, setbacks, and required parking; and, 6. The proposed 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, Section 4. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2001 -003 as depicted in Attachment "A ", Local Coastal Plan No. 2001 -001 as depicted in Attachment `B ", and Code Amendment No. 2002 -002 as depicted in Attachment "C ". PASSED, APPROVED AND ADOPTED THIS 8th DAY OF AUGUST 2002. AYES: Asaianian. McDaniel, Kiser. Gifford and Selich NOES: None ABSENT: Tucker ATTACHMENT "A" TO RESOLUTION N.O. 1567 All provisions of the Land Use Element of the General Plan remain unchanged except for th� following paragraph within Statistical Area Bl: Newport Shores (Statistical Area BI) 3. Newport Shores SAP. The Newport Shores Specific Area Plan includes commercial and residential areas along the north side of West Coast Highway between the Santa Ana River and the eastern bend of Seminiuk Slough. Land use designations within the plan area include Retail and Service Commercial and Two - Family Residential, with two large sites in the western end of the area shown for Multi- Family Residential land use. Areas designated for commercial use are limited to a floor area ratio of 0.5/0.75. Total residential development allocated is 293 295 dwelling units. Two - Family Residential areas allow two dwelling units per lot (with 2,000 sq.ft. of buildable lot area) and Multi- Family Residential areas allow two units for the first 2,400 sq.ft., plus one dwelling unit for each additional 1,500 sq.ft. of buildable lot area. • • l ESTIMATED GROWTH FOR STATISTICAL AREA III Residential (in do's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth 1.Seminiuk Slough -0- -0- -0- -0- -0- -0- 2. Newport Shores 459 459 -0- -0- -0- -0- 3. Newport Shores SAP 203 293 90 104,198 121,423 17,,525 295 92 120,448 16250 TOTAL 662 959 99 104,198 i2l,733 +3;545 254 92 120.448 16,250 Population 1,311 +,489 -1L8 1.492 181 • • l ATTACHMENT `B" TO RESOLUTION NO. 1567 • All provisions of the Local Coastal Program Land Use Plan remain unchanged except for the following paragraph on Page 47 of the West Newport section of the Land Use Plan: Newport Shores 3. Newport Shores SAP. The Newport Shores Specific Area Plan includes commercial and residential areas along the north side of West Coast Highway between the Santa Ana River and the eastern bend of Seminiuk Slough. Land use designations within the plan area include Retail and Service Commercial and Two - Family Residential, with two large sites in the western end of the area shown for Multi - Family Residential land use. Areas designated for commercial use are limited to a floor area ratio of 0.5/0.75. Total residential development allocated is 2-93 295 dwelling units. Two - Family Residential areas allow two dwelling units per lot (with 2,000 sq.ft. of buildable lot area) and Multi- Family Residential areas allow two units for the first 2,400 sq.ft., plus one dwelling unit for each additional 1,500 sq.ft. of buildable lot area. • • ATTACHMENT "C" TO RESOLUTION NO. 1567 ORDINANCE NO. 2002-m_ • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. 2002 -002 REQUESTING AN AMENDMENT TO THE LAND USE MAP OF THE NEWPORT SHORES SPECIFIC PLAN (SP#4) CHANGING THE DESIGNATION OF 205 ORANGE STREET FROM COMMERCIAL TO RESIDENTIAL (PA2001 -156). Section 1. An application was filed by Mark Fairbanks on behalf of the property owner Ronald Sutherland with respect to property located at 205 Orange Avenue and legally described as Lot 5, Seashore Colony Tract, requesting to change the General Plan Land Use designation from Retail & Commercial to Two - Family Residential, change the Local Coastal Plan designation from Retail & Service Commercial to Two - Family Residential, and change the zoning designation within the Newport Shores Specific Plan from Commercial to Residential (General Plan Amendment No. 2002 -002, Local Coastal Plan Amendment No. 2002 -001, and Code Amendment No. 2002 -002). Section 2. A public hearing was held on August S, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. At the conclusion of this meeting, the Planning Commission adopted Resolution No. 1567 • recommending that the City Council approve the requested applications. Section 3. 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 Section 4. The City Council held a noticed public hearing on , 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the City Council at this meeting. Section 5: The City Council of the City of Newport beach does hereby approve Code Amendment No. 2001 -002 as depicted in Attachment No. 1. Section 6: 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. Ir Ordinance No. 2002- Page 2 of 3 • This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on 2002, and was adopted on the day of by the following vote, to wit: • ATTEST: CITY CLERK • AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR y° i t ��a II I; ;1 �Yd�y '(S 141'b 610 Sow / s O� BSc_ 4W �o J �J'Lb, �'o Attachment 1 of Ordinance No_ 2002- NI i -<V Z s 0 0 N N LL m O y O AO 2 U � s /m W v O o.Ng Co �o(1, 3 _� CL CM Z .a CL O Co 4 U �I I • 0 0 EXHIBIT 5 h City of Newport Beach Planning Commission Minutes August 8, 2002 INDEX • SUBJECT: General Plan Amendment Initiation No. 2002 -004 (PA2002- Item 1 134) PA2002 -134 129 Agate Avenue A request to initiate a General Plan Amendment, and an amendment to the Local Recommended for Coastal Program to change the land use designation and zoning for 3 separate initiation parcels from Retail & Service Commercial to Two-Family Residential. Ms. Temple noted that this is an initiation of the General Plan Amendment, which will also be considered by the City Council, and is not an approval of the subject amendment. It only authorizes the applicant to submit related applications for processing. The applicant . has indicated a desire to construct two, 2 -unit condominium projects on the subject property. Condominium development of any kind is prohibited on Balboa Island. The project could be duplexes or single - families but could not be approved as condominium without a change to the code. The applicant has been informed. Following a brief discussion Ms. Temple noted that the applicant has six months to proceed with this amendment if initiated by the City Council. Public comment was opened. Scott Laidlow, representing the applicant, noted that this process would go forward • for a two parcel, two-unit development or two larger homes. Both of those options make more sense than the current three lot RSC development. Public comment was closed. Motion was made by Commissioner McDaniel to recommend that the City Council approve General Plan Amendment Initiation No. 2002 -004. Ayes: Agajonian, McDaniel, Kiser, Gifford, Selich Noes: None Excused: Tucker SUBS General Plan Amendment No. 2002 -002, Local Coastal Plan Item 2 Amendment No. 2002 -001, and Code Amendment No. 2002- PA2001 -186 002(PA2001 -186) 205 Orange Street Recommended for Request to change the General Plan Land Use designation from Retail & Commercial to Two-Family Residential, change the Local Coastal Plan designation approval from Retail & Service Commercial to Two-Family Residential, and change the zoning designation within the Newport Shores Specific Plan from Commercial to Residential, in order to replace an existing single - family dwelling with a duplex. 2 • City of Newport Beach • Planning Commission Minutes August 8, 2002 • • Senior Planner James Campbell noted that this application is to change the General Plan, the Local Coastal Plan and a zone change for land use designation. If adopted, the existing single family home would become a conforming use. The applicant's intent is to redevelop the site and construct a duplex. This is a General Plan amendment and The affect of this will be Tracked for the next Ten years if adopted in accordance with Council Policy A -18. This project would not require a vote pursuant to the Greenlight initiative. The resolution is attached to The report. Following a short discussion, it was determined that the text of The amendment should have been attached as well but had not been prepared. Ms. Temple noted the omission and suggested That The difference would be the addition of two residential units and a deletion of approximately 1,350 commercial square footage. The text will be attached to the resolution for signature. Public comment was opened Mark Fairbanks, 205 Orange St., noted that This residence has been in the family since 1953 and that they wish to reconstruct it with a duplex. Public comment was closed. Motion was made by Commissioner McDaniel to adopt Resolution No. 1567, recommending that the City Council approve the requested amendments. Ayes: Agajonian, McDaniel, Kiser, Gifford, Selich Noes: None Excused: Tucker SUBJECT: Code Amendment No. 2002 -001 (PA2002 -098) 3513 Finley Avenue Request to change the front yard setback of 3513 Finley Avenue facing the Rivo Alto channel established on District Map No. 3 from 40 feet to 20 feet. Associate Planner Todd Weber noted the additional correspondence received after the packet had been sent out`had been distributed at this meeting. The correspondence was in supportof the project. Public comment was opened. Ben Anderson, applicant and adjacent owner at 3601 Finley noted: • Beach house is 50+ years old and is termite infested. • Purchased this house and hope to build a larger home. • Worked with the neighbors and staff. • Agrees with the staff report. INDEX Item 3 PA2002 -098 Recommended for approval l ;t