Loading...
HomeMy WebLinkAbout21 - 813 E Balboa Blvd GPA 2003-003CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 21 July 22, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Gregg B. Ramirez, Associate Planner (949) 644 -3219 gramirez(a) city. newport- beach. ca. us SUBJECT: Legere Property, 813 East Balboa Boulevard General Plan Amendment No. 2003 -003, Local Coastal Program Amendment No. 2003 -002, Code Amendment No. 2003 -005 (PA2003 -099) Request to amend the General Plan and Local Coastal Program land use designations from Retail and Service Commercial to Two - Family Residential and amend the Zoning Code to change the zoning designation from Specific Plan No. 8 (RSC) to Specific Plan No 8 (R -2). APPLICANT: Steven Legere, Property Owner ISSUE: Should the City Council approve a request to amend the General Plan and Local Coastal Program land use designations from Retail and Service Commercial (Residential) to Two - Family Residential, amend the Zoning Code to change the Zoning District from Specific Plan No 8 (RSC) to Specific Plan No. 8 (R -2)? RECOMMENDATION: Staff recommends that the City Council hold a public hearing and approve the applications by adopting Resolution No. 2003 - and by introducing Ordinance No. 2003- and pass to second reading on August 12, 2003, DISCUSSION: The City Council took action on March 25, 2003 to initiate the requested amendments to the General Plan, Local Coastal Program and Zoning Code. On June 19, 2003, the Planning Commission voted to recommend that the City Council approve the proposed amendments. The Commission considered the following issues: whether a pure residential use was appropriate for this location; the permanent loss of commercial property in the Central Balboa area; how the proposal fits into the ongoing general plan update process; and the resulting Legere GPA July 22, 2003 Page 2 of 3 density of up to two residential units. The Commission concluded that the change in land use is acceptable and should be approved. The attached Planning Commission Staff Report (Attachment E) includes a discussion of the proposed amendments. Should the Council wish to accept the Planning Commissions recommendation to approve the project, the Council should adopt the attached Draft Resolution (Attachment A) and introduce the included Draft Ordinance (Attachment B). 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 (Residential construction in an urbanized area) and Class 5 (Minor Alterations in Land Use Limitations). Under these exemptions, 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 story commercial building that covers nearly the entire property in an urbanized area, utilities are available and no significant environmental resources are located on the site. 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. Alternatives: The City Council has the following alternatives to consider: 1. Defer consideration of the applications until after the General Plan update process is concluded, in which case, staff would recommend removing the item from calendar; or 2. Deny the request. Prepared by: Gregg EfFfamirez, Associate Planner Submitted by: Patricia L. Temple, PlanninDirector 2 Attachments: Legere GPA July 22, 2003 Page 3 of 3 A. Draft City Council Resolution B. Draft City Council Ordinance C. Draft Planning Commission Resolution No. 1605 D. Excerpt of the draft minutes from the June 19, 2003 Planning Commission meeting. E. Planning Commission Staff Report F. General Plan Land Use Map ATTACHMENT A DRAFT CITY COUNCIL RESOLUTION RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2003 -003 AND LOCAL COASTAL PLAN AMENDMENT NO. 2003 -002, FOR PROPERTY IDENTIFIED AS 813 EAST BALBOA BOULEVARD (PA2003 -099) Section 1. An application was filed by Steven Legere, property owner, with respect to property located at 813 East Balboa Boulevard and legally described as Balboa Tract, Block 12, Lot 7, requesting to change the General Plan Land Use designation from Retail & Service Commercial to Two - Family Residential and change the Local Coastal Plan designation from Retail & Service Commercial to Two - Family Residential. Section 2. A public hearing was held on June 19, 2003 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 the conclusion of said hearing, the Planning Commission adopted Resolution No. 1605 that recommends that the City Council approve General Plan Amendment No. 2003 -003 and Local Coastal Plan Amendment No. 2003 -002. Section 3. A public hearing was held on July 22, 2003 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 meeting. Section 4. The City Council finds as follows: 1. The City's General Plan requires the City 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 amendment constitutes a minor reduction in size of the Central Balboa commercial area that serves the residents of the area but does not eliminate the entire commercial district. The remaining commercial area is of adequate size to provide Balboa Peninsula residents, visitors and workers with access to a variety of commercial and retail establishments. 2. The City's General Plan requires 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 current General Plan designation allows one residential unit in addition to commercial uses on the subject property. The amendments facilitate the redevelopment of a vacant under used commercial property to a residential use. The Two Family City Council Resolution No._ Page 2 of 6 designation permits a maximum of two dwelling units on the subject property. Although the amendment will allocate one additional residential unit beyond the one permitted with mixed -use developments, trip generation rates for residential uses are lower than those for general retail, commercial and mixed uses. 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 under grounding 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. Residential development on the property will be subject to the SP -8 (R -2) development regulations identical to surrounding residential properties, which will ensure compatibility with the surrounding neighborhood. 4. The General Plan and Zoning Code amendments will maintain the consistency between the General Plan and Zoning Code land use designations 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. 5. The proposed project will result in the elimination of the existing nonconforming building. The change of the land use designation of the subject property to Residential within the Local Coastal Plan Amendment shall only become effective upon the approval of Local Coastal Plan No. 2003 -002 by the California Coastal Commission. 6. 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 Specific Plan (R -2) regulations of the City. 7. Zoning measures are in place (prior to or concurrent with the proposed amendment), which are in conformance with and adequate to carry out the coastal policies of the Land Use Plan. The City has rezoned the site to Specific Plan No. 8 (R -2) to be consistent. 8. City's certified Land Use Plan, including this amendment shall be implemented in a manner fully in conformity with the Coastal Act. 9. The change of the land use designation of the subject property located at 813 East Balboa Boulevard from Retail & Service Commercial to Two Family Residential; shall only become effective upon the approval of Local Coastal Program Amendment No. 2003 -002 by the California Coastal Commission. City Council Resolution No. Page 3 of 6 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. 11. It is the expectation of the City Council that the re -use of the existing non- conforming commercial building for residential purposes does not occur with the approval of this change in land use. Redevelopment or improvements to the property for residential purposes shall be done in accordance with the Specific Plan No. 8 (R -2) development regulations. The maintenance of non - conformities with re -use of the site pursuant to Specific Plan No. 8 (R -2) shall not be permitted. 12. The proposed project has been determined to be Categorically Exempt under the Class 3 (Residential construction in an urbanized area) and Class 5 (Minor Alterations in Land Use Limitations) requirements of the California Environmental Quality Act (CEQA), and the State CEQA Guidelines. Under these exemptions, 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 commercial structure within an urbanized area, utilities are available and no significant environmental resources are located on the site. Section 4. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2003- 003 as depicted in Attachment "1" and "2" and Local Coastal Plan Amendment No. 2003 -002 as depicted in Attachment "2 ". 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 22nd day of July, 2003 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS 0 MAYOR ATTEST: CITY CLERK City Council Resolution No. Page 4 of 6 F City Council Resolution No. Page 5 of 6 ATTACHMENT NO. 1 TO RESOLUTION NO. All provisions of the Land Use Element of the General Plan remain unchanged except for the following chart: Central Balboa Area ESTIMATED GROWTH FOR STATISTICAL AREA D2, D3 & D4 TOTAL 2,148 2,739 591 226,065 4,253 5,423 1,170 281,859 55,794 Residential (in du's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 1/1/87 Projection Growth 1/1/87 Projection Growth Island Avenue 5 8 3 9,670 10,800 1,130 Library /FS 0 0 0 7,200 11,250 4,050 Bay Island Parking 0 0 0 0 0 0 Newport Harbor YC 0 0 0 17,000 20,000 3,000 Central Balboa SAP 219 359 360 440 141 192,195 239,808 237,244 47,644 45,0 Central Balboa (R) 1,924 2,372 448 0 0 0 TOTAL 2,148 2,739 591 226,065 4,253 5,423 1,170 281,859 55,794 r CL 0 a` U N .Q 7 ATT, TO RES( \'S b J40 G �S�Vjys'v 9 ° Page 6 m m LL 0 TLo WIN O coo Cl coo U_ co CL C 1 1 1 c- � 000 CL O 'y N N c U v ccu mom Euco 8.LC Efl°� N U N O y>, w a) �m Ucw-'o d cOi O.� W _<. 4 EE.- '-65cc WmmE. Unmo U lL lL N206 O E c N G y cN NlL0 E � � 5 U > LU co = 3 � aS fn �+fn U) r ¢ H OC cs iis0�oDdaI 10 � r CL 0 a` U N .Q 7 ATT, TO RES( \'S b J40 G �S�Vjys'v 9 ° Page 6 m m LL 0 TLo WIN O THIS PAGE INTENTIONALLY LEFT BLANK ATTACHMENT B DRAFT CITY COUNCIL ORDINANCE n ORDINANCE NO. 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. 2003 -005 REQUESTING AN AMENDMENT TO THE ZONING CODE CHANGING THE DESIGNATION OF 813 EAST BALBOA BOULEVARD FROM RETAIL AND SERVICE COMMERCIAL TO TWO FAMILY RESIDENTIAL (PA2003 -099) Section 1. An application was filed by Steven Legere, property owner, with respect to property located at 813 East Balboa Boulevard and legally described as Balboa Tract, Block 12, Lot 7, requesting to change the zoning designation from Specific Plan No. 8 (RSC) to Specific Plan No. 8 (R -2) (Code Amendment No. 2003 -005). Section 2. A public hearing was held on June 19, 2003 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. 1605 recommending that the City Council approve the requested amendment. Section 3. The City Council held a noticed public hearing on July 22, 2003 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 4. 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 (Residential construction in an urbanized area) and Class 5 (Minor Alterations in Land Use Limitations). Section 5: The City Council of the City of Newport Beach does .hereby approve Code Amendment No. 2003 -005 as depicted in Attachment No. 1. rq Ordinance No. 2003 - Page 2 of 3 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. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2003, and adopted on the _ day of 2003, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK IS THIS PAGE INTENTIONALLY LEFT BLANK I(o fA N Cl l0 0 U 76 ca C O. O CO C J N . n A� co - N etS C C 0 d mvc E0 0C �ay0 E10= 0 CL �n cc 'E .2 awa ?tia y0 c m � �'E o =cc CO 0 0 0 Co 0 .-2 aci 5 o Elm °z N��3 W(y 'O N �N.. ON C9 m �� y C70C -j ml 00150 V ,e,> �4;4 4S J, 11 I_.. A' e b ' m 1 �Oe C O. O CL U N d J W V C$ Q . I1 col U v a 17 A 0 F K d z LL ok THIS PAGE INTENTIONALLY LEFT BLANK M ATTACHMENT C DRAFT PLANNING COMMISSION STAFF REPORT RESOLUTION NO. 1605 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2003 -003, LOCAL COASTAL PLAN AMENDMENT NO. 2003 -002 AND CODE AMENDMENT NO. 2003 -005 FOR PROPERTY IDENTIFIED AS 813 EAST BALBOA BOULEVARD (PA2003 -099) Section 1. An application was filed by Steven Legere, property owner, with respect to property located at 813 East Balboa Boulevard and legally described as Balboa Tract, Block 12, Lot 7, requesting to change the General Plan land use designation from Retail & Service Commercial to Two - Family Residential, change the Local Coastal Plan land use designation from Retail & Service Commercial to Two - Family Residential, and change the zoning designation from Specific Plan No. 8 (Retail and Service Commercial) to Specific Plan No 8 (R -2 — Two Family Residential). Section 2. A public hearing was held on June 19, 2003 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. The City's General Plan requires the City 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 amendment constitutes a minor reduction in size of the Central Balboa commercial area that serves the residents of the area but does not eliminate the entire commercial district. The remaining commercial area is of adequate size to provide Balboa Peninsula residents, visitors and workers with access to a variety of commercial and retail establishments. 2. The City's General Plan requires 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 current General Plan designation allows one residential unit in addition to commercial uses on the subject property. The amendments facilitate the redevelopment of a vacant under used commercial property to a residential use. The Two Family designation permits a maximum of two dwelling units on the subject property. Although the amendment will allocate one additional residential unit beyond the one permitted with mixed -use developments, trip generation rates for residential uses are lower than those for general retail, commercial and mixed uses. Planning Commission Resolution No. Page 2 of 6 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 under grounding 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. Residential development on the property will be subject to the SP -8 (R -2) development regulations identical to surrounding residential properties, which will ensure compatibility with the surrounding neighborhood. 4. The General Plan and Zoning Code amendments will maintain the consistency between the General Plan and Zoning Code land use designations 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. 5. The proposed project will result in the elimination of the existing nonconforming building. The change of the land use designation of the subject property to Residential within the Local Coastal Plan Amendment shall only become effective upon the approval of Local Coastal Plan No. 2003 -002 by the California Coastal Commission. 6. It is the expectation of the Planning Commission that the re -use of the existing non - conforming commercial building for residential purposes does not occur with the approval of this change in land use. Redevelopment or improvements to the property for residential purposes shall be done in accordance with the Specific Plan No. 8 (R -2) development regulations. The maintenance of non - conformities with re -use of the site pursuant to Specific Plan No. 8 (R -2) shall not be permitted. 7. The proposed project has been determined to be Categorically Exempt under the Class 3 (Residential construction in an urbanized area) and Class 5 (Minor Alterations in Land Use Limitations) requirements of the California Environmental Quality Act (CEQA), and the State CEQA Guidelines. Under these exemptions, 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 commercial structure within an urbanized area, utilities are available and no significant environmental resources are located on the site. Section 4. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2003- 003 as depicted in Attachment "A" and "B ", Local Coastal Plan Amendment No. 2003- 002 as depicted in Attachment "B" and Code Amendment No. 2003 -005 as depicted in Attachment "C. Planning Commission Resolution No. Page 3 of 6 PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JUNE 2003. ftw Steven Kiser, Chairman Patricia L. Temple, Ex- Officio Secretary AYES: Toerge, McDaniel, Kiser, Gifford ABSENT: Selich and Tucker n� Planning Commission Resolution No. Page 4 of 6 ATTACHMENT "A" TO RESOLUTION NO. All provisions of the Land Use Element of the General Plan remain unchanged except for the following chart: Central Balboa Area ESTIMATED GROWTH FOR STATISTICAL AREA D2, D3 & D4 Residential (in du's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 1/1/87 Projection Growth 1/1/87 Projection Growth 1. Island Avenue 5 8 3 9,670 10,800 1,130 2. Library/FS 0 0 0 7,200 11,250 4,050 3. Bay Island Parking 0 0 0 0 0 0 4. Newport Harbor YC 0 0 0 17,000 20,000 3,000 5. Central Balboa SAP 219 359 360 440 141 192,195 239,809 237,244 47,,614 45,049 6. Central Balboa (R) 1,924 2,372 448 0 0 0 TOTAL 2,148 2,739 591 226,065 281,859 55,794 Population 4,253 5,423 1,170 Revised 01/27/1997 LL nning Commission Iwo 0- a to + of cq -0 P 0 0 0 C; ce) C6 0 00 0 0 0 cq c*q cq L) R solu 0 No. ll ROOM" M U) 0 0 .6 Tz O .2 '5 'D r— 0NiSS wu LU C-0 ;z:: 79 U) S Z LU LU R solu 0 No. Planning ATTACHMENT TO RESOLUTION k i . a � ff c �� \ \\ \/ i, '��;` •t ltd °y 77- i� _ t n T y Q �i U LL — U l9 c C d O Cn jp C CL tiO m C 0 0 6 C U C N 0 v N 0 O C C ,c 1 a .o E Q ti .3 0 U N O C N � c E a d w w of m O a m 3� m'n z _. O cc Z o O = = N Lu v y a V Planning ATTACHMENT TO RESOLUTION k i . a � ff c �� \ \\ \/ i, '��;` •t ltd °y 77- i� _ t n T y Q �i n T y Q �i ATTACHMENT D EXCERPT OF DRAFT MINUTES FROM THE JUNE 19, 2003 PLANNING COMMISSION MEETING �- (p Planning Commission Minutes 06/19/2003 DRAFT Jerson Kiser then asked for a straw vote of whether to continue this item to for additional notification. McDaniel noted that the homeowner associations are all aware o have notified everybody that needed to be noticed about this issue. m would have made it clear to anybody who needed to know an( g on this meeting tonight. person K r noted that those disputing the Modifications Committee stand that And when this comes back for a hearing, there is no right to a absent either City Ordinance, a deed restriction or an agreement between wners for a vie%ftasement. We do not consider the CC and R's. n was made by C irperson Kiser to continued this item to July 17th to for noticing to 300 fe Toerge, Kiser and Gif McDaniel, Selich and failed. mmissioner Tucker noted that it is no nu in CC and R documents. This proposal is it the City sees routinely. It is these types some discussion at the Council level as to s same policy or not. We have a committee ed to overrule their decision. ual for Codes to be less restricti) within the nature of modificatioi structures that are involved. Thei ether they want to continue wii A handles these and doesn't see was made by Commissioner Tucker to Xeny the appeal of lion Permit No. 2003 -038 and affirm the decislon of the Modifica issioner McDaniel noted that if this was noticed to the reN Of the City, not be anything that would change his vote. \ vote: Concur with the Modifications Committee - Page 5 of 9 Ayes: Toerge, McDaniel, Gifford, Selich and Tucker Noes: Kiser Absent: None Abstain: None JECT: Legere General Plan Amendment (PA2003 -099) ITEM NO.d 813 East Balboa Boulevard PA2003 -099 luest for a General Plan Amendment and Local Coastal Program to change tY I use designation on a single lot from Retail and Service Commercial to Tw lily Residential and a Code Amendment to change the zoning designation c subject property from Specific Plan No. 9 (RSC) to Specific Plan No. 8 (R -2). �1 file: //F:\ USERS \PLN\Shared \ginger \2003PC \0619.HTM 07/07/2003 ..- .......b 1 .AuuJJIUJJ lvilnutes uo/ I9%2003 comment was opened. DRAFT comment was closed. was made by Chairperson Kiser to recommend approval of the Ions to the City Council by adopting the attached draft resolution for Plan Amendment 2003 -003, Local Coastal Program Amendment No. 2 and Code Amendment No. 2003 -005. Page 6 of 9 Ayes: Toerge, McDaniel, Kiser, Gifford, Selich and Tucker Noes: None Absent: None Abstain: None *�x BJECT: Housing Element (PA2003 -130) ITEM NO.5 PA2003 -130 ac rdance with the State of California General Plan and Zoning Laws, the City Ne ort Beach has prepared a Draft Housing Element. The Element is an Continued to sate a re- format of the existing Housing Element and includes updated 07/17/2003 gional H sing Needs Assessment figures as mandated by State Law. missioner ich noted that he would like to see this item continued to meeting as h would like an opportunity to review this more thoroughly rstand it better. immissioner McDaniel oted that if this is postponed, it will be a different Commissioners and mayX they need to have an opportunity to look at it. amissioner Tucker noted thaNe is ready to discuss this tonight and that he be in attendance the nest two n etinas. He then noted: • Meetings of June 2001 minute \the sive and he appreciated background information. • Is the formatting of this eleme anticipated for the Gen Plan, so that this fits in with the • Most of it is informational and t he goals. It should have same formatting and look like thn al Plan. Ms. Wood answered that the formatting of the propose nd existing Housir Element are different from the formatting of most of the o er elements in tI General Plan. Some of the Housing Element formatting is d\General thin,( that state law requires be covered and a desire to make it easy wers State Housing and Community Development Department, ind ti things they are looking for. We will have to update this again at th point we could easily put it in whatever format we used for thlan as to page 38, Commissioner Tucker asked for clarification on 2 �' file: / /F: \USERS \PLN\ Shared \ginger`?003PC \0619.HTM 07/07/2003 ATTACHMENT E PLANNING COMMISSION STAFF REPORT FILE COPY CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 June 19, 2003 TO: PLANNING COMMISSION FROM: Planning Department Gregg B. Ramirez, Associate Planner ( 949) 644 -3219 glamirez ecity.newport- beach.ca.us SUBJECT: Legere Property, 813 East Balboa Boulevard General Plan Amendment No. 2003 -003, Local Coastal Program Amendment No. 2003 -002, Code Amendment No. 2003 -005 (PA2003- 099) Request to amend the General Plan and Local Coastal Program land use designations from Retail and Service Commercial to Two - Family Residential and amend the Zoning Code to change the zoning designation from Specific Plan No. 8 (Retail and Service Commercial) to Specific Plan No 8 (R -2 — Two Family Residential). APPLICANT: Steven Legere, Property Owner RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the applications to the City Council by adopting the attached draft resolution. Legere GPA June 19, 2003 Page 3 DISCUSSION: Background: The City Council took action on March 25, 2003 to initiate the requested amendments. The subject property is located on the southerly side of East Balboa Boulevard between Main Street and A Street. The property is a 27 -foot wide by 90 -foot deep lot (2,565 square feet), which is a standard size for residential lots in the vicinity, and has alley access. The site is currently developed with a 2,565 square foot (approx.) single story commercial building. No on -site parking exists. As of the writing of this staff report the building is vacant. Analysis The applicant has indicated that if the change in land use designations are approved, the lot would be developed with either a single - family dwelling or duplex. The existing commercial building is non - conforming because it exceeds the maximum 0.5 Floor Area Ratio (FAR) and does not provide any off - street parking spaces. General Plan Amendment The subject property is located within General Plan Land Use Element Statistical Area D3 Central Balboa Area. The Central Balboa Area is designated for Retail and Service Commercial, pure residential uses and mixed commercial /residential uses with residential uses permitted on the second floor or above only. The Land Use Element of the General Plan sets forth objectives, policies and limitations for development in the City and designates the general distribution and location of land uses and residential and commercial densities. During its review, staff found that policies A, B, and F should be considered. Land Use Element Policy A states: "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 amendment will reduce the size of the Central Balboa commercial area that serves both visitors and residents of the area by one parcel, however, a large number of other commercial and retail establishments, some of which are vacant, are readily available to residents and visitors in the vicinity. 5 Legere GPA June 19, 2003 Page 5 date. It must also be kept in mind that current development regulations allow the property to be developed with a mixed -use (commercial /residential) project without obtaining discretionary or legislative approval. The Commission should also consider whether the proposed amendment should be considered as part of the overall review of commercial districts associated with the ongoing General Plan update process or on its own merits. Measure S Analysis (Greenlight) The amendments consist of a change in the land use designation from Retail & Service Commercial to Two - Family Residential. Since the current regulations classify the subject property as mixed use with one dwelling unit permitted, the amendments will result in a net increase in the number of permitted residential dwelling units by one and a decrease in commercial floor area of 1,282.5 square feet within the General Plan. The addition of one dwelling unit 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 approves the recommended amendments, it will become a "prior amendment" that will be tracked for ten years. During this time period, the dwelling units and traffic generated by this amendment will be added to any future amendments or other applicable changes within this statistical area in the General Plan land uses to determine if a threshold is exceeded and a vote is required. Local Coastal Plan Amendment The subject property is located within the Central Balboa Area Area statistical area (Central Balboa). Like the General Plan, the Local Coastal Plan designates the subject property for Retail and Service Commercial uses with residential uses permitted on the second floor or above only. The Local Coastal Program also allows a minimum of one dwelling unit permitted per lot. Coastal Act policies state that visitor serving commercial uses are a priority over residential uses in the coastal zone and that land uses should not impact public views, coastal access or coastal environmental resources. The existing commercial structure on the subject property contributes to the quantity of commercial establishments in the Central Balboa area but is non - conforming with because it exceeds the maximum permitted Floor Area Ratio and does not provide any off - street parking. There are no public views through or across the property that will be adversely impacted by this amendment and eventual construction of the new residence(s). Additionally, coastal access will not be impeded by the proposed amendment. Finally, as the lot is entirely covered by the existing building, the property in question is void of measurable environmental or biological resources. rn Legere GPA June 19, 2003 Page 7 Proposed Development Regulations The parcels, as proposed by the applicant with the associated parcel map, would be subject to the following SP -8 (R -2) development regulations: Lot Size: 2, 565 square feet Front Setback: 5 feet Sides Setbacks: 3 feet Rear (Alley) Setback: 5 feet Buildable Area: 1, 785 square feet Floor Area Limit (2X Buildable Area): 3, 570 square feet Height Limit 24' Flat/Mid-point/ 29' Ridge Staff believes that should the General Plan and Local Coastal Program amendments be approved, the SP -8 (R -2) zoning designation with the standard development regulations are appropriate for this location and would be consistent with other residential properties within the Central Balboa Specific Plan. (See Exhibit No. 2) Non - Conforming Building /Use As previously mentioned, the existing commercial building is vacant and the amendments would create a non - conformng use. Therefore, language has been added to the Draft Resolution requiring future improvements and redevelopment of the property for residential purposes to adhere the Specific Plan No. 8 (R -2) development regulations. 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 (Residential construction in an urbanized area) and Class 5 (Minor Alterations in Land Use Limitations). Under these exemptions, 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 commercial structure within an urbanized area, utilities are available and no significant environmental resources are located on the site. 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. V EXHIBIT 1 RESOLUTION NO. ; FINDINGS FOR RECOMMENDATION OF APPROVAL Planning Commission Resolution No. Page 2 of 6 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 under grounding 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. Residential development on the property will be subject to the SP -8 (R -2) development regulations identical to surrounding residential properties, which will ensure compatibility with the surrounding neighborhood. 4. The General Plan and Zoning Code amendments will maintain the consistency between the General Plan and Zoning Code land use designations 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. 5. The proposed project will result in the elimination of the existing nonconforming building. The change of the land use designation of the subject property to Residential within the Local Coastal Plan Amendment shall only become effective upon the approval of Local Coastal Plan No. 2003 -002 by the California Coastal Commission. 6. It is the expectation of the Planning Commission that the re -use of the existing non - conforming commercial building for residential purposes does not occur with the approval of this change in land use. Redevelopment or improvements to the property for residential purposes shall be done in accordance with the Specific Plan No. 8 (R -2) development regulations. The maintenance of non - conformities with re -use of the site pursuant to Specific Plan No. 8 (R -2) shall not be permitted. 7. The proposed project has been determined to be Categorically Exempt under the Class 3 (Residential construction in an urbanized area) and Class 5 (Minor Alterations in Land Use Limitations) requirements of the California Environmental Quality Act (CEQA), and the State CEQA Guidelines. Under these exemptions, 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 commercial structure within an urbanized area, utilities are available and no significant environmental resources are located on the site. Section 4. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2003- 003 as depicted in Attachment "A" and "B ", Local Coastal Plan Amendment No. 2003- 002 as depicted in Attachment "B" and Code Amendment No. 2003 -005 as depicted in Attachment "C ". Planning Commission Resolution No. Page 4 of 6 ATTACHMENT "A" TO RESOLUTION NO. All provisions of the Land Use Element of the General Plan remain unchanged except for the following chart: Central Balboa Area ESTIMATED GROWTH FOR STATISTICAL AREA D2, D3 & D4 Residential (in du's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 1/1/87 Projection Growth 1/1/87 Projection Growth I. Island Avenue 5 8 3 9,670 10,800 1,130 2. Library/FS 0 0 0 7,200 11,250 4,050 3. Bay Island Parking 0 0 0 0 0 0 1. Newport Harbor YC 0 0 0 17,000 20,000 3,000 5._ Central Balboa,SAP 219 359 360 440141 192,195 239,80 237,244 47-,644'45 3. Central Balboa (R) 1,924 2,372 448 0 0 0 TOTAL 2,148 2,739 4,253 5,423 591 226,065 281,859 1,170 55,794 of m m LL 4u Ir F�%,, ,�A S � ✓b my nning Comr NT '`B" N NO,/' 0. ' Y" /� i � CID a a� N U N O � Cn 4u Ir F�%,, ,�A S � ✓b my nning Comr NT '`B" N NO,/' 0. ' Y" /� i � CID -/S VPI Reso ti No. \ �\ Pa 5 of 6 p Isc N y U c9 J U _ cn o a� o. O .N a= p y O C U N a y 'OD � _mom m as w /S. N � yi1•� 'Tm� O.o as U c0 �- LL •V C C / N O N LU L c c 3 E v aUi o LU C U -/S VPI Reso ti No. \ �\ Pa 5 of 6 p Isc EXHIBIT NO. 2 LETTER FROM THE APPLICANT REQUEST ZONING CHANGE TO R -2 FROM COMMERCIAL + I RESIDENTIAL UNIT IF NEEDED INITATE 1 GENERAL PLAN AMENDMENT RSC TWO FAMILY RESIDENTIAL 2 LOCAL COSTAL PROGAM AMENDMENT RSC TWO FAMILY RESIDENTIAL 3 ZONING CODE AMENDMENT SPECIFIC PLAN #8 RSC - R -2 PROPERTY 8131/2 E BALBOABLVD PROPERTY HAS LITTLE COMMERCIAL VALUE EMPTY OR FOR RENT MOST OF THE TIME BUILDING VERY OLD & IN NEED OF REMODEL SET PAST TRAFIC FLOW WOULD FIT IN BETTER AS RESIDENTIAL USE 949 574 9691 FAX 949 574 969 THANK YOU 4 -7 -03 3i l� EXHIBIT NO. 3 EXISTING SPECIFIC PLAN LAND USE MAP =I D p F City of Newport Beach 7 Central Balboa Land Use Map Specific Plan District #8 Open Space K' JCS NIFR­ Multi family Residential R-2 -- Two-Family Residential Residential-Professional Retail & Service Commercial Governmental, Educational, and Institutional Facilities 4 • N W E S 200 Feet 4'N Open Space/ Open Space 4197 SZE EXHIBIT NO. 4 EXISTING GENERAL PLAN LAND USE MAP Lj. '2 -Y� zz� ATTACHMENT F GENERAL PLAN LAND USE MAP qL� THIS PAGE INTENTIONALLY LEFT BLANK an