HomeMy WebLinkAbout04 - PA2004-066 - Code Amendment 2004-003 - 3315 Clay StreetCITY OF NEWPORT BEACH COUNCIL APPLIA
• CITY COUNCIL STAFF REPORT NO` W
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Agenda Item No. 20
May 25, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Rosalinh M. Ung, Associate Planner
(949) 644 -3208
rung @ city. newport- beach.ca. us
SUBJECT: Code Amendment No. 2004 -003 (PA2004 -066)
Request to amend Districting Map No. 25 to establish a 10 -foot
setback on Orange Avenue for a property located at 3315 Clay
Street (PA2004 -066)
INITIATED BY: City of Newport Beach
ISSUE:
Should the City Council approve an amendment to Districting Map No. 25 to
establish a 10 -foot setback along Orange Avenue for a property located at 3315
Clay Street?
RECOMMENDATION:
Staff recommends that the City Council hold a public hearing and approve the
amendment by introducing Ordinance No. 2004 and pass the ordinance to
second reading on June 8, 2004.
DISCUSSION:
The subject property is a rectangular- shaped lot and is approximately 6,405
(61'x105') square feet in size. Located on the southwest comer of Orange
Avenue and Clay Street, the property is surrounded with commercial
developments to the north and west and residential developments to the north,
south, and east.
The General Plan Land Use designation for the property is Two Family
Residential and the lot is zoned R -2 (Two Family Residential). The recently
approved street vacation on Orange Avenue between Old Newport Boulevard
and Clay Street increases the property's lot width by 10 feet, from 61 feet to 71
feet.
Code Amendment No. 2004 -003
(PA2004 -066)
May 25, 2004
Page 2 of 3
The proposed amendment is to address a concern with regard to the placement
of future development at the subject property, which now could be closer to
Orange Avenue. This amendment would change the building setback on Orange
Avenue by establishing the location of a main building 6 feet further from Orange
Avenue than would otherwise be allowed with a regular 4 -foot setback as set
forth in the Code.
On May 6, 2004, the Planning Commission voted unanimously to recommend the
City Council approve the amendment to Districting Map No. 25 to establish a 10-
foot setback along Orange Avenue for the subject property.
The attached Planning Commission Staff Report (Attachment D) includes a
discussion of the proposed request.
Should the City Council wish to accept the Planning Commission's
recommendation to approve the proposed amendment, the City Council should
approve and introduce the Draft Ordinance (Attachment A).
Environmental Review
This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under
Class 5 (Minor Alterations in Land Use Limitations), pertaining to minor alternations
in land use limitations which do not result in any changes in land use or density of
the property.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners
within 300 feet of the property and posted at the site a minimum of 10 days in
advance of this hearing consistent with the Municipal Code. Additionally, the item
appeared upon the agenda for this meeting, which was posted at City Hall and
on the city website.
Prepared by:
salinh M. Ung',
A sociate Planner
Submitted by:
Patricia L. Temple "
Planning Director
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Code Amendment
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Exhibits:
A. Draft City Council Ordinance
B. Planning Commission Resolution No. 1360
C. Excerpt of the draft minutes from the May 6, 2004,
Planning Commission meeting
D. Planning Commission Staff Report
E. Districting Map No. 25
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No. 2004 -003
(PA2004 -066)
May 25, 2004
Page 3 of 3
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EXHIBIT A
DRAFT CITY COUNCIL ORDINANCE
ORDINANCE NO. 2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING CODE AMENDMENT
NO. 2004 -003 AMENDING DISTRICTING MAP NO. 25 TO
ESTABLISH A 10 -FOOT SETBACK ON ORANGE
AVENUE FOR A PROPERTY LOCATED AT 3315 CLAY
STREET (PA2004 -066)
WHEREAS, a proposed amendment to the Zoning District maps was initiated by
the City of Newport Beach on April 13, 2004, to amend Districting Map No. 25 to
establish a 10 -foot setback on Orange Avenue for a property located at 3315 Clay
Street.
WHEREAS, a public hearing was held by the Planning Commission on May 6,
2004, 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. 1630, recommending that the
City Council approve the proposed amendment to the zoning district map.
WHEREAS, the City Council held a public hearing on May 25, 2004, 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.
WHEREAS, the General Plan Land Use designation for the property is Two
Family Residential and the lot is zoned R -2 (Two Family Residential). The approved
street vacation on Orange Avenue between Old Newport Boulevard and Clay Street
increases the property's lot width by 10 feet, from 61 feet to 71 feet.
WHEREAS, the proposed amendment is to address a concern with regard to the
placement of future development at the subject property, which could be now closer to
Orange Avenue. This amendment would change the building setback on Orange
Avenue by establishing the location of a main building 6 feet further from Orange
Avenue that would otherwise be allowed with a regular 4 -foot setback as set forth in the
Code.
WHEREAS, the proposed request has been determined to be Categorically
Exempt under the Class 5 (Minor Alterations in Land Use Limitations) requirements of
the California Environmental Quality Act (CEQA).
Section 1; The City Council of the City of Newport Beach approves Code
Amendment No. 2004 -003 as depicted in Attachment 1". 5
Ordinance No. 2004 -
Page 2 of 2
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 the _ day of 2004, and adopted on the _ day
of 2004, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
IUVWCi0
ATTEST:
CITY CLERK
6 •
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EXHIBIT B
PLANNING COMMISSION RESOLUTION
RESOLUTION NO. 1630 DRAFT
A RESOLUTION OF THE PLANNING COMMISSION OF •
THE CITY OF NEWPORT BEACH RECOMMENDING THE
CITY COUNCIL APPROVE CODE AMENDMENT NO.
2004 -003, FOR PROPERTY IDENTIFIED AS 3316 CLAY
STREET (PA2004 -066)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES, AND ORDERS AS FOLLOWS:
WHEREAS, the City Council vacated a portion of Orange Avenue making the
subject property 10 feet wider. In conjunction with the vacation, the City Council required
that the setback on Orange Avenue be increased to 10 feet as opposed to the 4 -foot
standard setback. The Council did not want any future residence on the lot to be
constructed within the vacated portion of Orange Avenue.
WHEREAS, the amendment was initiated by the City of Newport Beach, to amend
Districting Map No. 25 to establish a 10 -foot setback along Orange Avenue for the
property located at 3315 Clay Street, legally described as Lot 1, Block 6, Tract 27.
WHEREAS, a public hearing was held on May 6, 2004, 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.
WHEREAS, the General Plan Land Use designation for the property is Two
Family Residential and the lot is zoned R -2 (Two Family Residential). The proposed
amendment does not impact the use of the property.
WHEREAS, the proposed 10 -foot setback is appropriate considering the recent
vacation of Orange Avenue. The setback in conjunction with the 10 -foot vacation does
not negatively impact the buildable area and floor area.
WHEREAS, the setback area fronting Orange Avenue is defined as a side yard
pursuant to the Code. Nevertheless, for the purpose of implementing development
standards, it would be considered as a front yard and is subject to the 3 -foot height
restriction.
WHEREAS, the project is categorically exempt under the requirements of the
California Environmental Quality Act under Class 5 (Minor Alterations in Land Use
Limitations).
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City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 2
0 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Newport Beach hereby recommends that the City Council approve Code
Amendment No. 2004 -003 (PA- 2004 -066).
PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF MAY 2004.
M
M3
Earl McDaniel, Chairman
Michael Toerge, Secretary
AYES: Eaton, Cole, Toerge, McDaniel
Selich, Kiser and Tucker
NOES: None
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EXHIBIT C
DRAFT MINUTES FROM MAY 63 2004
PLANNING COMMISSION MEETING
Planning Commission Minutes 05/06/2004
Page 24 of 26
Ms. Clauson answered that there is a general condition that the
ap \itw comply with all state laws.
Cucker noted that it is not enforceable. He then
asmission what in particular is the condition that
mhile the granting the intensity.
Commissi oner aton answered that all of the conditions the police
department had ked for and his impression was that a few of
these other conditio s did not apply to the site now.
Ms. Temple noted that ese are all new conditions that will apply
to the site. The chan s were from the original proposed
conditions.
Ms. Temple noted that condition 0 that was deleted is a standard
condition for ABO use permits or or use permits for the Alcohol
Beverage Outlet Ordinance. It s incorporated into these
conditions for approval, however, we ve noted there is no ABO
Use Permit for you and thought it approp 'ate to eliminate it.
Ms. Clauson noted it is a nexus issue. Yo may not necessarily
have to have an ABO use permit applica ' n before you to
determine that there is a need for this condition the operation of
that business even as a restaurant. I suggest th if you want to
put it in, you should.
Ms. Temple noted that she would like to put in an additio I finding
in the resolution that would indicate that conditions of thi ature
are necessary because of the increase in occupancy eing
granted.
The maker of the motion agreed.
Mr. Bill Hodge stated that these changes are acceptable noting the
right to appeal to the City Council.
Ayes: Eaton, Cole, Toerge, McDaniel, Selich, Kiser and
Tucker
Noes: None DRA'-
Absent: None
Abstain: None
SUBJECT: Districting Map No. 25 (PA2004 -066) ITEM NO. 5
. 3315 Clay Street PA2004 -066
An amendment to Districting Map No. 25 to establish a 10 -foot Recommended for
it
file: / /H: \Plancomm \2004 \0506.htm 05/13/2004
Planning Commission Minutes 05/06/2004
setback for 3315 Clay Street from Orange Avenue.
Public comment was opened.
Public comment was closed.
Motion was made by Commissioner Tucker recommending
approval of Code Amendment 2004 -003 (PA2004 -066) to the City
Council.
Ayes:
Eaton, Cole,
Tucker
Noes:
None
Absent:
None
Abstain:
None
BUSINESS:
Toerge, McDaniel, Selich, Kiser and
a. Council Follow -up - Ms. Temple noted that the City
Cou it initiated a General Plan Amendment for property
located t San Miguel Drive and MacArthur Blvd., to multi-
family re ' ential as part of our Housing Element
implementatio plan; approved a Professional Services
Agreement with conomic and Planning Systems, Inc. to
conduct for the Ci an in -lieu housing fee analysis; they
forwarded comments EQAC on the EIR on a project in
Irvine Business comple a discussion of Measure S
guidelines; and initiated a c e amendment regarding city
height and grade regulations.
b. Oral report from Planning Commission epresentative to the
Economic Development Committee - nor rt.
c. Report from Planning Commission's represent 'ves to the etin
General Plan Update Committee - there will be a g on
Monday, May 10th at 3:30 p.m.
d. Matters which a Planning Commissioner would like staff tbK
report on at a subsequent meeting - none.
e. Matters which a Planning Commissioner may wish to place
on a future agenda for action and staff report - none.
f. Status Reports on Planning Commission requests - none.
g. Project status - There is no need for the special meeting on
Page 25 of 26
approval
DRAFT
ADDITIONAL
BUSINESS
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file: //H: \Plancomm \2004 \0506.htm 05/13/2004
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EXHIBIT D
PLANNING COMMISSION STAFF REPORT
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 5
May 6, 2004
TO: PLANNING COMMISSION
FROM: Planning Department
Rosalinh Ung, Associate Planner
(949) 644 -3208
rung @city. newport-beach.ca. us
SUBJECT: 3315 Clay Street
Code Amendment No. 2004 -003
(PA2004 -066)
INITIATED BY: City of Newport Beach
ISSUE:
Should the Planning Commission recommend the City Council approve an amendment to
the Districting Map No. 25 to establish a 10 -foot setback along Orange Avenue for a
property located at 3315 Clay Street?
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the
amendment to the City Council by adopting the attached draft resolution.
DISCUSSION:
Background:
On March 23, 2004, the City Council approved vacation of a portion of Orange Avenue
between Old Newport Boulevard and Clay Street in order to accommodate the medical
office development at 494/496 Old Newport Boulevard. The street vacation will abandon
approximately 10 feet along the southerly portion of Orange Avenue. The abandonment
affects two properties 494/496 Old Newport Boulevard and 3315 Clay Street, and
increases the lot width 10 feet.
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CA2004 -003
May 6, 2004
Page 2
VICINITY MAP I
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Single family residential
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To the north:
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Commercial and uses including the recently approved medical office building
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3315 Clay Street
Code Amendment No. 2004 -003 (PA2004 -0661
Current
Development:
Single family residential
To the north:
Commercial and residential uses
To the east:
Residential
To the south:
Residential
To the west:
Commercial and uses including the recently approved medical office building
/S"
CA2004 -003
May 6, 2004
Page 3
The City Council raised a concern with regard to the placement of future development at
3315 Clay Street, which could now be located much closer to Orange Avenue. To
address this concern, the City Council voted to approve the vacation with a stipulation
requiring the property to maintain a 10 -foot setback from Orange Avenue as opposed to
the standard 4 -foot setback. The Council directed staff to implement the setback
change. The only way to implement a specific setback rather than using the standard
setback identified by the Code is to place the setback on the Districting Map. On April
13, 2004, the City Council initiated the amendment.
Site Overview:
Located on the southwest comer of Orange Avenue and Clay Street, the subject property
is a rectangular- shaped lot and is approximately 6,405 (61'x105') square feet in size.
Surrounding land uses include commercial developments to the north and west and
residential developments to the north, south, and east.
Analysis:
The General Plan Land Use designation for the property is Two Family Residential and the
lot is zoned R -2 (Two Family Residential). The vacation would increase the property s lot
width from 61 feet to 71 feet. The proposed amendment will establish the location of a
main building 6 feet further from Orange Avenue that would otherwise be allowed with a
regular 4 -foot setback as set forth in the Code.
The setback area fronting Orange Avenue is defined as a side yard pursuant to the Code.
However, for the purpose of implementing development standards, it would be considered
as a front yard and is subject to the 3400t height restriction. Additionally, the setback
annotated on the districting map does not affect the allowable building area because the
Planning Commission has previously determined that the buildable area used for
calculating permitted floor area should use the Code defined side yard of 4 feet. The
following table illustrates this determination:
For siting of building only, all other regulations would apply. L
0
Existing
Pro osed
Front setback on
Clay Street
20'
20'
Side yard setback
4'
4'
Side yard setback
on Orange
Avenue
4'
'10'
Rear yard setback
10'
10'
Buildable Area
4,725 sf.
4,725 sf.
Floor area limit
2.00
9,450 sf.
9,450 sf.
For siting of building only, all other regulations would apply. L
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CA2004 -003
May 6, 2004
Page 4
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 5 (Minor
Alterations in Land Use Limitations).
Public Notice:
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Conclusion:
The proposed amendment is consistent with the Council's desire to provide an
increased structure setback for this property. Staff recommends that the Planning
Commission adopt the attached resolution (Attachment A).
Prepared by:
R salinh Ung, Associate Planner
Attachments:
Submitted by:
Patricia L. Temple, Olanning Director
A. Resolution No.
B. City Council Staff Report dated April 13, 2004
C. Excerpt of Minutes dated April 13, 2004
D. Districting Map No. 25
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ORDINANCE NO. 2004-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING CODE AMENDMENT
NO. 2004 -003 AMENDING DISTRICTING MAP NO. 25 TO
ESTABLISH A 10 -FOOT SETBACK ON ORANGE
AVENUE FOR A PROPERTY LOCATED AT 3315 CLAY
STREET (PA2004 -066)
WHEREAS, a proposed amendment to the Zoning District maps was initiated by
the City of Newport Beach on April 13, 2004, to amend Districting Map No. 25 to
establish a 10 -foot setback on Orange Avenue for a property located at 3315 Clay
Street.
WHEREAS, a public hearing was held by the Planning Commission on May 6,
2004, 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. 1630, recommending that the
City Council approve the proposed amendment to the zoning district map.
WHEREAS, the City Council held a public hearing on May 25, 2004, 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.
WHEREAS, the General Plan Land Use designation for the property is Two
Family Residential and the lot is zoned R -2 (Two Family Residential). The approved
street vacation on Orange Avenue between Old Newport Boulevard and Clay Street
increases the property's lot width by 10 feet, from 61 feet to 71 feet.
WHEREAS, the proposed amendment is to address a concern with regard to the
placement of future development at the subject property, which could be now closer to
Orange Avenue. This amendment would change the building setback on Orange
Avenue by establishing the location of a main building 6 feet further from Orange
Avenue that would otherwise be allowed with a regular 4 -foot setback as set forth in the
Code.
WHEREAS, the proposed request has been determined to be Categorically
Exempt under the Class 5 (Minor Alterations in Land Use Limitations) requirements of
the California Environmental Quality Act (CEQA).
Section 1: The City Council of the City of Newport Beach approves Code
Amendment No. 2004 -003 as.depicted in Attachment "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 the 25th day of May, 2004, and adopted on the 8th day of June,
2004, by the following vote, to wit:
AYES, COUNCIL MEMBERS Heffernan,
Rosansky, Adams, Bromberg, Webb, Nichols,
Mayor Ridgeway
NOES, COUNCIL MEMBERS
None
ABSENT COUNCIL MEMBERS None
PO MAYOR
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ATTEST: CALI 5:0
OallhwuL . i�
CITY CLERK
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2004 -10 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th
day of June 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 9th day of June 2004.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2004 -10 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: June 12, 2004.
2004.
In witness whereof, I have hereunto subscribed my name this day of
City Clerk
City of Newport Beach, California