HomeMy WebLinkAbout15 - Code Amendment to Change Setback Map No. S-2B (PA2015-196) - 3008, 3010, and 3012 Balboa Boulevard Code Amendment No. CA2015-011P_ CITY OF
NEWPORT BEACH
FoP City Council Staff Report
March 22, 2016
Agenda Item No. 15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
PREPARED BY: Melinda Whelan, Assistant Planner
PHONE: 949-644-3221
TITLE: Code Amendment to Change Setback Map No. S-213 (PA2015-196) -
3008, 3010, and 3012 Balboa Boulevard
Code Amendment No. CA2015-011
ABSTRACT:
A Zoning Code Amendment to change the front yard setback for three properties from
20 feet to five feet, consistent with the historic front -yard setback for these properties.
The 5 -foot setback was inadvertently left off the Setback Map in the 2010 Zoning Code
update.
RECOMMENDATION:
a) Conduct public hearing;
b) Find that the amendment is categorically exempt under Section 15305, of the
California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations
in Land Use Limitations); and
c) Introduce Ordinance No. 2016-5, An Ordinance of the City Council of the City of
Newport Beach, California, Amending the Newport Beach Municipal Code Related to
Certain Front Yard Setbacks, and approving Code Amendment
No. CA2015-011, and pass to second reading on April 12, 2016.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
15-1
Code Amendment to Change the Setback for 3008, 3010, and 3012 Balboa Boulevard
(PA2015-163)
March 22, 2016
Page 2
DISCUSSION:
Proiect Settin
The proposed amendment affects three properties located on the northeast side of the
Balboa Boulevard and 31St Street intersection as shown on the vicinity map below. The
properties have a diagonal rear property line that abuts the Landing Shopping Center
(Pavilions). The lots are zoned Two -Unit Residential (R-2) which allows single and two-
family residential units. Table 1 provides existing information for each of the lots, and
Table 2 provides zoning and General Plan information.
Table 1
Property Description
VICINITY MAP
3008 Balboa Blvd.
3010 Balboa Blvd.
3012 Balboa Blvd.
Existing Use
2 Units
2 Units
1 Single -Family
Dwelling
Approximate
3,530 sf
3,150 sf
3,796 sf
Lot Size
Lot Width on
25 feet
25 feet
35 feet
Balboa Blvd.
Existing
Front
5 feet
15 feet
5 feet
Setback
VICINITY MAP
Code Amendment to Change the Setback for 3008, 3010, and 3012 Balboa Boulevard
(PA2015-163)
March 22, 2016
Page 3
Table 2
Existi
Information
LOCATIO
ON-SITE
NORTH
I GENERAL PLAN
Two -Unit Residential (RT)
Neighborhood
Commercial (CN)
ZONING
Two -Unit Residential
R 2
Commercial
Neighborhood (CN)
CURRENT USE
Single- and Two -Unit Dwellings
The Landing Shopping Center
SOUTH
RT =1
R-2
Two -Unit Dwellings
EAST
RT
R-2 11
Two -Unit Dwellings
WEST
CN
CN
Sanchos Tacos
Background and Project Description
The standard front setback for R-2 zoned properties is 20 feet per Municipal Code
Section 20.18.030 Table 2-3, unless a different distance is depicted on a setback map.
Prior to the adoption of the 2010 Zoning Code, the three properties were located within
the Cannery Village/McFadden Square Specific Plan which specified a 5 -foot front
setback to these properties. When the specific plan was incorporated into the standard
R-2 Zone with the 2010 Zoning Code update, these were the only specific plan
properties that did not have the 5 -foot front setback carried over on the setback map
(Attachment D). This discrepancy was brought to staff's attention by a property owner
that intends to construct a new duplex. Staff believes an amendment to the setback
map is appropriate to correct the inequity. The proposed setbacks are shown on
Attachment E.
Pursuant to Section 20.66.020 of the Municipal Code, the City Council initiated the code
amendment on January 12, 2016.
15-3
Code Amendment to Change the Setback for 3008, 3010, and 3012 Balboa Boulevard
(PA2015-163)
March 22, 2016
Page 4
Plannina Commission Recommendation
The Planning Commission agreed that the Code Amendment is necessary to correct the
error and adopted Resolution No. 2010 on February 18, 2016 (Attachment B),
recommending approval of the Code Amendment to the City Council. The Planning
Commission meeting minutes and staff report, which includes a detailed analysis, are
contained in Attachment C.
ENVIRONMENTAL REVIEW:
Planning Commission recommends the City Council find this item is categorically
exempt under Section 15305, of the California Environmental Quality Act (CEQA)
Guidelines — Class 5 (Minor Alterations in Land Use Limitations). The Class 5
exemption allows minor alterations in land use limitations in areas with an average
slope of less than 20 percent and which do not result in any changes in land use or
density. In this case, the three lots affected by the amendment have an average slope
of less than 20 percent; the amendment will not change the land use category or zoning
district of the affected lots; and the maximum number of dwelling units per lot will not
change.
NOTICING:
Notice of this proposed amendment was published in the Daily Pilot, mailed to all
owners of property within 300 feet of the boundaries of the site (excluding intervening
rights-of-way and waterways) and posted on the subject properties at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the City website.
ATTACHMENTS:
Attachment A - Draft Ordinance
Attachment B - Planning Commission Resolution No. 2010
Attachment C - February 18, 2016 Planning Commission Minutes and Staff Report
Attachment D - Existing Setback Map
Attachment E - Proposed Setback Map
15-4
Attachment A
Draft Ordinance
15-5
ORDINANCE NO. 2016 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING THE
NEWPORT BEACH MUNICIPAL CODE RELATED TO
CERTAIN FRONT YARD SETBACKS
WHEREAS, pursuant to Newport Beach Municipal Code ("NBMC") Section
20.66.020 the City Council initiated a code amendment on January 12, 2016, to reduce
the front yard setback for three properties from twenty feet to five feet, consistent with
the historic front yard setback for these properties. The five foot setback was
inadvertently left off Setback Map S-213 in the 2010 Zoning Code update and this
amendment revises Setback Map S-213 Balboa Peninsula in NBMC Section 20.80.040
to restore the five foot setback for the residential properties located at 3008, 3010, and
3012 Balboa Boulevard;
WHEREAS, on February 18, 2016, the Planning Commission conducted a public
hearing in the City Hall Council Chambers located at 100 Civic Center Drive, Newport
Beach, California. A notice of time, place and purpose of the public hearing was given in
accordance with the NBMC and Ralph M. Brown Act. Evidence, both written and oral,
was presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS, at the February 18, 2016, public hearing, the Planning Commission
received public comments and on an affirmative motion (5 ayes, 2 absent, and 0 noes),
forwarded a recommendation to the City Council to approve the proposed amendment;
WHEREAS, the City Council conducted a public hearing on March 22, 2016, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the public hearing was given in accordance with the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this public hearing;
WHEREAS, the subject properties will remain consistent with the General Plan,
Coastal Land Use Plan, and Zoning Code designation of Two -Unit Residential (R-2)
with the code amendment to reduce the front setbacks;
WHEREAS, the standard front setback for properties zoned Two -Unit Residential
(R-2) is twenty feet pursuant to NBMC Section 20.18.030 Table 2-3, unless a different
distance is depicted on a setback map. In the pre -2010 Zoning Code the three subject
properties were within the Specific Plan SP -6 (R-2) Zone which applied a five foot front
yard setback for these properties. When the specific plan was dissolved into the
standard R-2 Zone with the 2010 Zoning Code Update, these were the only properties
that did not have the five foot front setback carried over on the setback maps. This lack
of five foot front setback carryover was inadvertent and this code amendment corrects
the prior error;
15-6
Ordinance No. 201 -
Page 2 of
WHEREAS, amending the setback map to reinstate the five foot front yard
setback does not result in a significant change to the existing development pattern of
the neighborhood since two of the three properties are built with the five foot front yard
setback. Additionally, most of the properties that were previously zoned SP -6 (R-2) are
also built with the five foot front yard setback. Thus, this code amendment allows the
properties to maintain their existing uses and remain consistent with adjacent
properties; and
WHEREAS, the twenty foot front setback not only affects building placement, but
also impacts buildable area and ultimately the maximum size of a single-family or two-
family home on the properties. Therefore, the development limits of the subject
properties have been unintentionally restrained and reinstating the five foot front
setback is necessary to return property rights back to the property owners.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby approves Code Amendment No. CA2015-
011 amending Setback Map S-213 of NBMC Title 20 (Zoning Code) reducing the front
yard setback from twenty feet to five feet for the three residential properties located at
3008, 3010, and 3012 Balboa Boulevard as set forth in Exhibit "A," which is attached
hereto and incorporated herein by reference.
Section 2: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
Section 3: The City Council finds the introduction and approval of this
ordinance is categorically exempt under Section 15305, of the California Environmental
Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations)
because the three residential properties affected by this amendment have an average
slope of less than 20 percent; the amendment will not change the land use category or
zoning district of the affected residential properties; and the maximum number of
dwelling units per property will not change.
Section 4: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414, and it shall be effective thirty (30) days
after its adoption.
15-7
Ordinance No. 201_-_
Page 3 of _
Section 5: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 22 d day of March 2016, and adopted on the day
of , 2016, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
DIANE B. DIXON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY AT Y'S OFFICE
AARON C. HARP, CITY ATTORNEY
15-8
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15-9
Attachment B
Planning Commission Resolution No. 2010
15-10
RESOLUTION NO. 2010
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING
THE CITY COUNCIL ADOPT CODE AMENDMENT NO. CA2015-
011 TO CHANGE THE FRONT YARD SETBACK FOR THREE
PROPERTIES FROM TWENTY FEET TO FIVE FEET ON
BALBOA BOULEVARD (PA2015-196)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Pursuant to Newport Beach Municipal Code ("NBMC") Section 20.66.020 the City Council
initiated a code amendment on January 12, 2016, to change the front yard setback for three
properties from twenty feet to five feet, consistent with the historic front yard setback for
these properties. The five foot setback was inadvertently left off the Setback Map in the 2010
Zoning Code update. This amendment adds the five feet setback on Setback Map S-28
Balboa Peninsula in NBMC Section 20.80.040 for the residential properties located at 3008,
3010, and 3012 Balboa Boulevard.
2. The Planning Commission conducted a public hearing on February 18, 2016, in the City
Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the public hearing was given in accordance with the NBMC.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL, QUALITY ACT DETERMINATION.
This code amendment is categorically exempt under Section 15305, of the California
Environmental Quality Act ("CEQA") Guidelines -- Class 5 (Minor Alterations in Land Use
Limitations) because the lots affected by this amendment have an average slope of less.than
twenty percent; this amendment does not change the land use category or zoning district of
the affected lots; and the maximum number of dwelling units allowed on each lot remains
unchanged.
SECTION 3. FINDINGS.
The subject properties will remain consistent with the General Plan, Coastal Land Use Plan,
and Zoning Code designation of Two -Unit Residential (R-2) with the code amendment to
change the front setbacks.
2. The standard front setback for properties zoned Two -Unit Residential (R-2) is twenty feet
pursuant to NBMC Section 20.18.030 Table 2-3, unless a different distance is depicted on
a setback map. In the pre -2010 Zoning Code the three subject properties were within the
Specific Plan SP -6 (R-2) Zone which applied a five foot front yard setback for these
properties. When the specific plan was dissolved into the standard R-2 Zone with the
2010 Zoning Code Update, these were the only properties that did not have the five foot
front setback carried over on the setback maps. This lack of five foot front setback
carryover was inadvertent and this code amendment corrects the prior error.
3. Amending the setback map to reinstate the five foot front yard setback does not result in a
significant change to the existing development pattern of the neighborhood since two of
the three properties are built with the five foot front yard setback. Additionally, most of the
properties that were previously zoned SP -6 (R-2) are also built with the five foot front yard
setback. Thus, this code amendment allows the properties to maintain their existing uses
and remain consistent with adjacent properties.
4. The required twenty foot front setback not only affects building placement, but also
impacts buildable area and ultimately the maximum size of a single-family or two-family
home on the properties. Therefore, the development limits of the subject properties have
been unintentionally restrained and reinstating the five foot front setback is necessary to
return property rights back to the property owners,
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends approval of Code
Amendment No. CA2015-011 changing the front yard setback to five feet for the three
residential properties located at 3008, 3010, and 3012 Balboa Boulevard on Setback Map S -2B
as set forth in Exhibit "A," which is attached hereto and incorporated by reference.
PASSED, APPROVED AND ADOPTED THIS Ie DAY OF FEBRUARY, 2016.
AYES: Brown, Koetting, Hillgren, Weigand and Zak
NOES: None
ABSTAIN: None.
ABSENT. Lawler and Kramer
M
Attachment C
February 18, 2016 Planning Commission Staff Report and Minutes
15-13
NEWPORT BEACH PLANNING COMMISSION MINUTES 2/18/16
ABSENT: Kramer, Lawler
VII. PUBLIC HEARING ITEMS
ITEM NO. 3 BALBOA BOULEVARD CODE AMENDMENT (PA2015-196)
Site Location: 3008, 3010 and 3012 Balboa Boulevard
Assistant Planner Melinda Whelan presented a report on the City -initiated Code Amendment to correct an
error from the 2010 Zoning Code update. She provided specific details of the need for the amendment and
addressed the existing and amended setback maps, conformance to the surrounding neighborhoods,
findings and recommendations.
Regarding the property adjacent to the north, Commissioner Hillgren asked whether it has the same five-foot
setback and Assistant Planner Whelan indicated that it is a commercial property and that it has the five-foot
setback.
Vice Chair Brown opened the public hearing.
Howard Minnick, owner of 3012 Balboa Boulevard, thanked Mayor Dixon for her willingness to meet with
residents, discuss their concerns, and take rapid action to correct the situation. He thanked the Commission
for its support as well as Assistant Planner Whelan.
Secretary Koetting asked whether Mr. Minnick is the applicant for a new duplex on the property and Mr.
Minnick responded, affirmatively.
Jim Mosher noted that it was pointed out that the error involved a clerical error in connection with the dissolution of
the Cannery Village/McFadden Square specific plan. He added that the idea that specific plans will be dissolved, is
inconsistent with the General Plan adopted in 2006. He commented on intentional changes made when the specific
plan was dissolved. He encouraged that the Planning Commission approve the item but indicated it is strange that
the City supports dissolving specific plans when the General Plan endorses them. Newport Heights Medical Campus
The rough grading permit was issued for the Newport Heights Medical Campus located at 20350 Birch Street. The project
consists of two medical office buildings, one of them at 20,000 square foot and the second at 44,000 square foot.
Vice Chair Brown closed the public hearing
Motion made by Commissioner Hillgren and seconded by Commissioner Zak to adopt Resolution No. 2010
recommending City Council adoption of Code Amendment No. CA2015-011 amending Setback Map No. S -
2B.
AYES: Brown, Hillgren, Koetting, Weigand, Zak
ABSTAIN: None
ABSENT: Kramer, Lawler
ITEM NO.4 THE DOG REPUBLIC (PA2015-199)
Site Location: 20281 Riverside Drive
Associate Planner Benjamin Zdeba provided a brief presentation. He addressed the applicant's request,
location including surrounding properties and uses, background and intent regarding the Residential Kennel (RK)
zoning district, maximum number of dogs each property is allowed to maintain, parking, the need for an
operator's permit, highlights of the conceptual plan, results of acoustical analyses, conditions of approval,
findings and recommendations.
Chair Kramer arrived at this juncture (6:45 p.m.).
Chair Kramer opened the public hearing.
Page 2 of 7
15-14
CITY OF NEWPORT BEACH
PLANNING COMMIISSION STAFF REPORT
February 18, 2016
Agenda Item No. 3
SUBJECT: Code Amendment to Change Setback Map No. S-213 - (PA2015-196)
3008, 3010 and 3012 Balboa Boulevard
■ Code Amendment No. CA2015-011
APPLICANT: City of Newport Beach
PLANNER: Melinda Whelan, Assistant Planner
(949) 644-3221, mwhelan@newportbeachca.gov
PROJECT SUMMARY
A Zoning Code Amendment to change the front yard setback for three properties from
20 feet to five feet, consistent with the historic front yard setback for these properties.
The 5 -foot setback was inadvertently left off the Setback Map in the 2010 Zoning Code
update.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt the attached resolution recommending City Council adoption of Code
Amendment No. CA2015-011 amending Setback Map No. S-213 (Attachment No.
PC 1).
15-15
Balboa Boulevard Code Amendment
Planning Commission, February 18, 2016
Paqe 2
VICINITY MAP
GENERAL PLAN IF
Two -Unit Residential (RT)
Neighborhood
Commercial CN
ZONING
Two -Unit Res idential (R-
Commercial
Neighborhood CN
J
Jt
RT
r
Two -Unit Dwellin s
J�
RT
R-2
Two -Unit Dwellin s
WEST
� .t. P'y�s ��Y ' .✓� sem'
CN
Sanchos Tacos
GENERAL PLAN
ZONING
�.,
LOCATION
ON-SITE
NORTH
GENERAL PLAN IF
Two -Unit Residential (RT)
Neighborhood
Commercial CN
ZONING
Two -Unit Res idential (R-
Commercial
Neighborhood CN
CURRENT USE
Single- and Two -Unit Dwellings
The Landing Shopping Center
SOUTH
RT
R-2
Two -Unit Dwellin s
EAST
RT
R-2
Two -Unit Dwellin s
WEST
CN
CN
Sanchos Tacos
15-16
Balboa Boulevard Code Amendment
Planning Commission, February 18, 2016
Page 3
INTRODUCTION
Proiect Settin
The subject amendment affects three properties located on the northeast side of the
Balboa Boulevard and 31St Street intersection. The properties have a diagonal rear
property line that abuts the Landing Shopping Center (Pavilions). The lots are zoned
Two -Unit Residential (R-2) which is intended to provide for single and two-family
residential. Table 1 below provides existing information for each of the lots.
Table 1
ProDerty Descriation
Background & Project Description
The standard front setback for properties zoned Two -Unit Residential (R-2) is 20 feet
per Municipal Code Section 20.18.030 Table 2-3, unless a different distance is depicted
on a setback map. In the pre -2010 Zoning Code the subject three properties were
located within the Specific Plan SP -6 Cannery Village/McFadden Square (R-2) Zone
which applied a five foot front setback for these properties. When the specific plan was
dissolved into the standard R-2 Zone with the 2010 Zoning Code Update, these were
the only properties that did not have the five foot front setback carried over on the
setback map (Exhibit 1 found below under Analysis). This discrepancy was brought to
staff's attention by a property owner that intends to construct a new duplex. Staff
believes an amendment to the setback map is appropriate to correct the inequity.
Pursuant to Section 20.66.020 of the Municipal Code, City Council initiated the code
amendment on January 12, 2016.
15-17
3008 Balboa Blvd.
3010 Balboa Blvd.
3012 Balboa Blvd.
Existing Use
Two Units
Two Units
Single -Family Dwelling
Approximate
3,530 sf
3,150 sf
3,796 sf
Lot Size
Lot Width on
25 feet
25 feet
35 feet
Balboa Blvd.
Existing
Front
5 feet
15 feet
5 feet
Setback
Background & Project Description
The standard front setback for properties zoned Two -Unit Residential (R-2) is 20 feet
per Municipal Code Section 20.18.030 Table 2-3, unless a different distance is depicted
on a setback map. In the pre -2010 Zoning Code the subject three properties were
located within the Specific Plan SP -6 Cannery Village/McFadden Square (R-2) Zone
which applied a five foot front setback for these properties. When the specific plan was
dissolved into the standard R-2 Zone with the 2010 Zoning Code Update, these were
the only properties that did not have the five foot front setback carried over on the
setback map (Exhibit 1 found below under Analysis). This discrepancy was brought to
staff's attention by a property owner that intends to construct a new duplex. Staff
believes an amendment to the setback map is appropriate to correct the inequity.
Pursuant to Section 20.66.020 of the Municipal Code, City Council initiated the code
amendment on January 12, 2016.
15-17
Balboa Boulevard Code Amendment
Planning Commission, February 18, 2016
Page 4
DISCUSSION
Analysis
Consistency with General Plan/Coastal Land Use Plan/Zoning
The Land Use Element of the General Plan, Coastal Land Use Plan (CLUP), and
Zoning Code designate the subject properties within Two -Unit Residential (R-2 per
Zoning, RT per General Plan and RT -E per CLUP). These designations allow for one
and two -unit dwellings. The existing development on these lots is consistent with these
designations and future development will also be required to comply. The change to the
setback map for these properties does not change their status of compliance with these
designations.
Purpose of Front Setback
Front setbacks are intended to provide visibility and traffic safety as well as an open
area between buildings and public right-of-ways. The Setback Maps establish varying
front setbacks for lots within neighborhoods and blocks. Re -zoning of these SP -6 (R-2)
properties into the R-2 Zone did not include the intent to change the setbacks. Other
similar lots that were previously zoned SP -6 (R-2) that had the five foot front setback
were then carried over on the S -2B Setback Map (shown in Exhibit 1 below) and on the
S -2C Setback Map. The 5 -foot front setback has proven adequate to meet the intent of
the Code for front setbacks for the subject properties; the properties previously zoned
SP -6 (R-2), as well as many other properties within the Balboa Peninsula Area.
15-18
Balboa Boulevard Code Amendment
Planning Commission, February 18, 2016
Page 5
Exhibit 1
Existing Setback Map
3 7 10
(k
NO
/ 30TH ST 30TH STREET
op
2-T Q NTH STREET
A, s REQ`
Subject Properties
20 foot front -yard setback per` -
Section 20.18.030
Similar Properties
5 foot front -yard setback consistent / h
with previously zoned SP -6; R-2.
0 125 250 5 / p�8 zsT�sgar�ET`
Feet
15-19
Balboa Boulevard Code Amendment
Planning Commission, February 18, 2016
Page 6
Exhibit 2
Proposed Setback Map
OIX fit_
30TH ST a— ySTREET
/ 2BZ0 610 > ,'vim „ry. R
y �
29TH.r a a 2— v STREET
�T
4� � . X416 �aM1S o P
v` a n4
'S9y5 400 ,�Y1 Z9pB �l
ice' 205 �$
�YpE
Subject Properties with reinstated
5 foot front -yard setback
0 125 250/y
IKI
Feet' - a `� / �y
Site Access
The City traffic engineer reviewed the proposed amendment and determined that the
20 -foot front setback is not necessary for vehicle ingress or egress purposes. Recently
the City's sidewalk and landscape area in front of these properties was widened which
increases the sight and distance. The City Traffic Engineer does not object to allowing
these lots to maintain their previous front setback of five feet and vehicle ingress and
egress will be reviewed when new development is proposed on each lot.
Floor Area Limit Changes
The required 20 -foot front setback not only affects building placement, but also impacts
buildable area and ultimately the maximum size of a single-family or two-family home.
The maximum size of a home (gross floor area) that can be constructed on a lot is
established by a factor of two times the buildable area of a lot. The buildable area is the
lot area minus setbacks. A comparison of the existing and proposed buildable areas
and resulting floor area limits of the subject lots is illustrated in Table 2 and on Exhibit 2
below.
15-20
Balboa Boulevard Code Amendment
Planning Commission, February 18, 2016
Page 7
Table 2
Comparison of Estimated Building Limits*
*There are no plans or topographic surveys on file at the City so the lot size, buildable area, and
maximum gross floor area are estimates based on City measuring tools and will be verified when
plans are submitted for plan check.
15-21
3008
3010
3012
Balboa Blvd.
Balboa Blvd.
Balboa Blvd.
Approximate Lot Size
3,530 sf
3,150 sf
3,796 sf
Required Setbacks
Front
5' or 20'
5' or 20'
5' or 20'
Sides
3'
3'
3'
Rear
10'
10'
10'
Buildable Area
2,349 sf
2,060 sf
2,634 sf
w/ 5` front setback
Buildable Area
2,061 sf
1,772 sf
2,192 sf
w/ 20' front setback
Maximum Gross Floor Area
4,698 sf
4,120 sf
5,268 sf
w/ 5' front setback
Maximum Gross Floor Area
4,122 sf
3,544 sf
4,384 sf
w/ 20' front setback
*There are no plans or topographic surveys on file at the City so the lot size, buildable area, and
maximum gross floor area are estimates based on City measuring tools and will be verified when
plans are submitted for plan check.
15-21
Summary
Balboa Boulevard Code Amendment
Planning Commission, February 18, 2016
Page 8
Exhibit 3
Estimated Buildable Area
® Addtional Buildable Area with 5 Foot Front Yard Setback
- Buildable Area with 20 Foot Front Yard Setback
Staff believes amending the setback map to reinstate the 5 -foot front setback is
appropriate to correct the inequity and error from the 2010 Zoning Code update. As
illustrated by the preceding analysis, the unintended change to these lots has
significantly impacted their development limits. Changing the front setback would not
result in a significant change to the existing development pattern of the neighborhood
since two of the three homes are already developed at the 5 -foot front setback and most
of the dwellings that were previously zoned SP -6 (R-2) are built with 5 -foot front
setbacks.
Alternatives
The Planning Commission has the option to recommend denial of the amendment or
recommend a different front setback for the subject three lots.
15-22
Balboa Boulevard Code Amendment
Planning Commission, February 18, 2016
Page 9
Environmental Review
This item is categorically exempt under Section 15305, of the California Environmental
Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations).
The Class 5 exemption allows minor alterations in land use limitations in areas with an
average slope of less than 20 percent and which do not result in any changes in land
use or density. In this case, the three lots affected by the amendment have an average
slope of less than 20 percent; the amendment will not change the land use category or
zoning district of the affected lots; and the maximum number of dwelling units per lot will
not change.
0116111011111011NOR
Notice of this proposed amendment was published in the Daily Pilot, mailed to all
owners of property within 300 feet of the boundaries of the site (excluding intervening
rights-of-way and waterways) including the applicant and posted on the subject property
at least 10 days before the scheduled meeting, consistent with the provisions of the
Municipal Code. Additionally, the item appeared on the agenda for this meeting, which
was posted at City Hall and on the City website.
Prepared by:
Melinda Whelan
Assistant Planner
ATTACHMENTS
Submitted by:
WisnesKi, NCP, Deputy Director
PC 1 Draft Resolution Recommending Approval to City Council
15-23
Attachment D
Existing Setback Map
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15-25
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Attachment E
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15-27
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15-27