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HomeMy WebLinkAboutPC2020-002 - RECOMMENDING CITY COUNCIL ADOPTION OF ZONING CODE AMENDMENT NO. CA2019-008 TO AMEND SETBACK MAP S-1A WEST NEWPORT AS SET FORTH IN SECTION 20.80.040 (SETBACK MAPSRESOLUTION NO. PC2020-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL ADOPTION OF ZONING CODE AMENDMENT NO. CA2019-008 TO AMEND SETBACK MAP S-1A WEST NEWPORT AS SET FORTH IN SECTION 20.80.040 (SETBACK MAPS) OF THE NEWPORT BEACH MUNICIPAL CODE (PA2019-216) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Pamela Dow, Trustee for the Feldman Family Administrative Trust ("Applicant") with respect to amending Setback Map S-1 A. Specifically, the request is to amend the setbacks for property located at 6501/6503 Seashore Drive, Newport Beach, CA 92663 and legally described as Lot 8, Block E of Tract No. 709, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 7, Page 25 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, APN No. 045-092-03 ("Property"). 2. The Applicant is requesting to amend Title 20 (Planning and Zoning) revising Setback Map No. S-1A West Newport as set forth in Section 20.80.040 (Setback Maps) of the Newport Beach Municipal Code ("NBMC") such that the Property's setbacks match the other properties in the area. The revised setbacks will be zero from Seashore Drive (front), four (4) feet from Walnut Street (side), four (4) feet from the west property line (side), and five (5) feet from the alley (rear) ("Code Amendment"). This request also includes a Local Coastal Program Amendment and a request to revoke the previous land use entitlements (Variance No. VAR0012 and Modification No. MD2343). 3. The Property is designated RT (Two-Unit Residential) by the Land Use Element of the City of Newport Beach General Plan ("General Plan") and is located within the R-2 (Two- Unit Residential) zoning district. 4. A public hearing was held on February 20, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA. A notice of time, place and purpose of the public hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of 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. 1. This Code Amendment is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Planning Commission Resolution No. PC2020-002 Page 2 of 4 Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 5 exemption applies to minor changes in land use limitations, such as setbacks, provided the Property has an average slope that does not exceed 20 percent and the changes does not result in change to the permitted land use or density. The Code Amendment amends the setbacks on the relatively flat site; but does not change residential use. The maximum number of allowed dwelling units on the property does not increase beyond the existing two-units. Application of all development standards (height, parking, etc.) remain the same with or without the project, thus the allowable intensity of development is not altered. 3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. The Code Amendment location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. 1. The Code Amendment is consistent with the General Plan. The existing General Plan Land Use Designation is RT (Two-Unit Residential), which is implemented with the R-2 (Two-Unit Residential) zoning. The action does not alter the zoning or land use designation. It is a policy of the General Plan Policy (Policy No. 3.1) to, "Maintain Newport Beach's pattern of residential neighborhoods, business and employment districts, commercial centers, corridors, and harbor and ocean districts." This Code Amendment is consistent with this policy since it will amend the Property's setbacks to be consistent with the other properties in the area; therefore, the Code Amendment will allow redevelopment of and additions to the residential units in a manner that is consistent with the other properties in the area. 2. The Code Amendment to Setback Map S-1A is consistent with Title 20 (Planning and Zoning) of the NBMC, as it will not alter any other development standard or regulation. Future development of the Property will continue to be a residential use and will be required to comply with all other requirements set forth in Title 20. 3. An amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC is also underway. The Code Amendment shall not become valid until approval of the LCP amendment by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, and by resolution and/or ordinance of the City Council of the City of Newport Beach, including any such modifications. 4. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 4. DECISION . NOW, THEREFORE, BE IT RESOLVED: Planning Commission Resolution No. PC2020-002 Page 3 of 4 1. This Code Amendment is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council approve Code Amendment No. CA2019-008, to amend Section 20.80.040 Setback Map . No. S-1 A West Newport of the Newport Beach Municipal Code as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF FEBRUARY 2020. AYES : Ellmore, Klaustermeier, Koetting, Lowrey, Rosene , and Weigand NOES: ABSTAIN: ABSENT: Kleiman Planning Commission Resolution No. PC2020-002 Page 4 of 4 EXHIBIT "A" Zoning Code Amendment No. CA2019-008 S-1 A -West Newport Setback Map