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Home My WebLink AboutPC2020-003 - RECOMMENDING CITY COUNCIL AUTHORIZE STAFF TO SUBMIT LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-007 TO THE CALIFORNIA COASTAL COMMISSION TO AMEND SETBACK MAP S-1ARESOLUTION NO. PC2020-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL AUTHORIZE STAFF TO SUBMIT LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-007 TO THE CALIFORNIA COASTAL COMMISSION TO AMEND SETBACK MAP S-1A WEST NEWPORT AS SET FORTH IN SECTION 21.80.040 (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-1A. 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 21 (Local Coastal Program Implementation Plan) revising Setback Map No. S-1A set forth in Section 21.80.040 (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 would change to 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) ("LCP Amendment"). This request also includes a Code Amendment and a request to revoke the previous land use entitlements (Variance No. VAR0012 and Modification No. MD2343). 3. The Property is designated RT-E (Two-Unit Residential) by the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("Coastal Land Use Plan") and is located within the R-2 (Two-Unit Residential) coastal zoning district. 4. Pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8, draft LCP Amendment was made available and a Notice of the Availability was distributed a minimum of six (6) weeks prior to the anticipated final action date. 5. 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"), Section 13515(d) of the California Code of Regulations Title 14, Division 5.5, Chapter 8 and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. Planning Commission Resolution No. PC2020-003 Page 2 of 5 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project 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 and California Public Resources Code Section 21080.9 because it has no potential to have a significant effect on the environment, and CEQA is not applicable to activities and approvals by a local agency for the adoption of local coastal programs. 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 Project 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 LCP Amendment is consistent with the General Plan of the City of Newport Beach ("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." The LCP Amendment is consistent with this policy since it will amend the site setbacks to be consistent with the other properties in the area; therefore, the LCP 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. Policy No. 2.2.1-1 of the Coastal Land Use Plan states, "Continue to allow redevelopment and infill development within and adjacent to the existing developed areas in the coastal zone subject to the density and intensity limits and resource protection policies of the Coastal Land Use Plan." The LCP Amendment is consistent with this policy since it would allow redevelopment of a site in an existing developed area. Future expansions would be contained on the Property and need to comply with all development standards. Additionally, this change will not have an impact on public access or views to coastal resources. Planning Commission Resolution No. PC2020-003 Page 3 of 5 3. The LCP Amendment to Setback Map S-1A is consistent with all other portions of Title 21 (Local Coastal Program Implementation Plan) 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 the Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC. 4. The LCP Amendment shall not become effective until approval 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. 5. The LCP, including the proposed amendment, will be carried out fully in conformity with the California Coastal Act as set forth in California Public Resources Code Section 30500 et seq. 6. 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: 1. This Project 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 and California Public Resources Code Section 21080.9 because it has no potential to have a significant effect on the environment, and CEQA is not applicable to activities and approvals by a local agency for the adoption of local coastal programs. 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council authorize staff to submit Local Coastal Program Amendment No. LC2019-007, to amend Section 21.80.040 Setback Map. No. S-1A West Newport of the Newport Beach Municipal Code as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference, to the California Coastal Commission. 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 . PC2020-003 Page 4 of 5 Planning Commission Resolution No. PC2020-003 Page 5 of 5 EXHIBIT "A" Local Coastal Plan Amendment No. LC2019-007 5-1 A -West Newport Setback Map