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HomeMy WebLinkAbout10 - Introduction of Ordinances to Amend Setback Map S -1A (PA2019-216)Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report April 14, 2020 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: David Blumenthal, AICP, Planning Consultant dblumenthal@newportbeachca.gov PHONE: 949-644-3204 TITLE: Ordinance Nos. 2020-11 and 2020-12: Introduction of Ordinances to Amend Setback Map S -1A (PA2019-216) ABSTRACT: For City Council's consideration are two ordinances to amend Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) revising Setback Map No. S -1A to adjust the required setbacks for property located at 6501/6503 Seashore Drive. In conjunction with the amendments, this action would revoke Variance No. VA0012 and Modification No. MD2343 previously authorized for the site permitting setback encroachments for the existing dwelling. Although no new development is proposed, the amendments would establish setbacks and buildable area applicable to future development of the property comparable with other properties in the vicinity. RECOMMENDATION: a) Conduct a public hearing; b) Find this project 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, because it has no potential to have a significant effect on the environment; c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2020-11, An Ordinance of the City Council of the City of Newport Beach, California, Adopting 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 Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Applicable to the Property Located at 6501/6503 Seashore Drive (PA2019-216), and pass to second reading on April 28, 2020; 10-1 Ordinance Nos. 2020-11 and 2020-12: Introduction of Ordinances to Amend Setback Map S -1A (PA2019-216) April 14, 2020 Page 2 d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2020-12, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment No. LC2019-007 to Amend Setback Map S -1A - West Newport as Set Forth in Section 21.80.040 (Setback Maps) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Applicable to the Property Located at 6501/6503 Seashore Drive (PA2019-216), and pass to second reading on April 28, 2020; and e) Adopt Resolution No. 2020-34, A Resolution of the City Council of the City of Newport Beach, California, Revoking Variance No. VA0012 and Modification No. MD2343 Which Will No Longer Be Necessary Upon Amendment of Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) of the Newport Beach Municipal Code for the Property Located at 6501/6503 Seashore Drive (PA2019-216). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. INTRODUCTION - Property and Setback Background The property is currently developed with a residential duplex and two two -car garages constructed in 1951 and expanded in 1979. The property has a complicated background and the past decisions affecting the application of required setbacks is not entirely clear. However, as a result, the setbacks applicable to the property are not comparable with other properties in the vicinity. Pursuant to the 1950 Zoning Code, the subject property should have been subject to a 20 -foot front setback adjacent to Walnut Street, a 3 -foot side setback adjacent to Seashore Drive, a 3 -foot setback adjacent to the alley, and a 10 -foot rear setback adjacent to the westerly property line. However, development of the site relied on Variance No. VA0012 (Attachment D), which appears to have authorized a 3 -foot deviation to the rear setback along the westerly property line (i.e., provide a 7 -foot rear setback), with a condition that a 10 -foot setback be maintained along the alley. Although not mentioned in the variance, the duplex was also constructed with a 4 -foot setback adjacent to Walnut Street. Additionally, the duplex appears to have been constructed with a 6 -foot rear setback, in lieu of the authorized 7 -foot setback. The setbacks authorized by VA0012 were subsequently added to Districting Map 1 of a 1954 update to the Zoning Code. 10-2 Ordinance Nos. 2020-11 and 2020-12: Introduction of Ordinances to Amend Setback Map S -1A (PA2019-216) April 14, 2020 Page 3 �. � q�Q .* -01. Subject Site Subject Site 1950 Districting Map Excerpt 1954 Districting Map Excerpt Figure 1 — Historic Districting Map 1 Comparison On December 19, 1978, Modification Permit No. MD2343 (Attachment E) was approved by the Modifications Committee authorizing a second floor addition and alterations to the existing duplex, including a second floor encroachment of 5 feet into the 10 -foot alley setback and 3 feet into the 3 -foot setback adjacent to Seashore Drive. The property was identified as nonconforming. A building permit was issued for the addition (PC150-79) in 1979 and construction was completed in 1982. As part of the 2010 Comprehensive Zoning Code Update, Districting Map 1 was replaced with Setback Map S -1A (Attachment F). The 10 -foot alley setback and 3 -foot setback adjacent to the westerly property line was maintained on the setback map; however, a zero setback was also added to the Seashore Drive property line consistent with the zero setback applicable to other properties along Seashore Drive. 10-3 Ordinance Nos. 2020-11 and 2020-12: Introduction of Ordinances to Amend Setback Map S -1A (PA2019-216) April 14, 2020 Page 4 Figure 2 — Existing Setback Map DISCUSSION: The request would change Setback Map No S -1A (Attachment G) to match the other properties in the area as illustrated in Figures 3 and 4. With this revision to the setback map, the resulting setbacks applicable to the property would be zero front setback from Seashore Drive; 4 -foot side setback from Walnut Street; 4 -foot side setback from the west property line; and 5 -foot rear setback from the alley. 10-4 Ordinance Nos. 2020-11 and 2020-12: Introduction of Ordinances to Amend Setback Map S -1A (PA2019-216) April 14, 2020 Page 5 Adjacent Properties ��F 6511 & 6507 Seashore Dr O,Q 4- Subject Property =�P 6503 & 6501 Seashore Dr Sr7 sFgs o y oss0 �`�°R 0? ss cb�ti iso Oro oh°o0 ©` 543o`O� cooh0 coh O oc�a��' 3 Figure 3 — Surrounding Property Setbacks Op p 7 Subject Site 7 0 O 27 0 Figure 4 — Proposed Setback Map 10-5 Ordinance Nos. 2020-11 and 2020-12: Introduction of Ordinances to Amend Setback Map S -1A (PA2019-216) April 14, 2020 Page 6 According to City records, the existing duplex already complies with the proposed setbacks; as such, this action does not create non -conforming structure despite the complicated entitlement history described earlier. Further, no change to the existing structure is being proposed at this time, the change to the setback map would result in the following development standards applicable to the property: Table 2 — Develo ment Standards Development Standard Proposed Buildable Area lot minus setbacks 2,607 square feet Floor Area Limit 2 x buildable 5,214 square feet Open Volume Area 391 square feet In addition to amending Setback Map No. S -1A, the proposed action would revoke the previous entitlements, as they are no longer needed. However, the attached resolution revoking Variance No. VA0012 and Modification No. MD2343 does not become effective unless and until the amendments receive California Coastal Commission (CCC) approval. Local Coastal Plan The Setbacks Maps are adopted in both the Zoning Code and the Implementation Plan of the Local Coastal Program (LCP). Therefore, should the City Council adopt the proposed amendments staff will submit corresponding amendments to the LCP for review and approval by the CCC. Should the CCC suggest modifications that are acceptable by the affected property owner, staff will return to the City Council with new ordinances. Planning Commission Review On February 20, 2020, the Planning Commission considered the proposed changes to Setback Map No. S -1A and voted 6-0 to recommend the City Council approve the proposed Code Amendment (Attachments H) and LCP Amendment (Attachment 1) and to revoke the previous entitlements (Attachment J). The Planning Commission staff report includes a detailed analysis illustrating how the requested setback change and resulting buildable area applicable to the property is comparable with other properties in the vicinity (Attachment K). During the public hearing, only the applicant's representative addressed the Planning Commission speaking in favor of the request. The Planning Commission minutes are included as Attachment L. 10-6 Ordinance Nos. 2020-11 and 2020-12: Introduction of Ordinances to Amend Setback Map S -1A (PA2019-216) April 14, 2020 Page 7 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project 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, Chapter 3, because it is a minor change to the setbacks (a land use limitation). The site does not have an average slope that exceeds 20 percent and this action will not result in a change to the land use or density. Furthermore, none of the exceptions listed in CEQA Guideline Section 15300.2 apply. z 19111 IN V [e31 Pursuant to Section 13515 of the California Code of Regulations, a review draft of the LCP amendment was made available and a Notice of Availability was distributed on February 14, 2020. In addition, notice of this hearing 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 ten days before the scheduled meeting, consistent with the provisions of the Municipal Code. The item also appears on the agenda for this meeting, which was posted at City Hall and on the City Website. ATTACHMENTS: Attachment A — Ordinance No. 2020-11 Attachment B — Ordinance No. 2020-12 Attachment C — Resolution No. 2020-34 Attachment D —Variance No. VA0012 Attachment E — Modification No. MD2343 Attachment F — Existing Setback Map S -1A Attachment G — Proposed Setback Map S -1A Attachment H — Planning Commission Resolution No. PC2020-002 Attachment I — Planning Commission Resolution No. PC2020-003 Attachment J — Planning Commission Resolution No. PC2020-004 Attachment K — February 20, 2020 Planning Commission Staff Report Attachment L — February 20, 2020 Planning Commission Minute Excerpt 10-7 Attachment A Ordinance No. 2020-11 e. ORDINANCE NO. 2020-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT NO. CA2019-008 TO AMEND SETBACK MAP SAA — WEST NEWPORT AS SET FORTH IN SECTION 20.80.040 (SETBACK MAPS) OF TITLE 20 (PLANNING AND ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE APPLICABLE TO THE PROPERTY LOCATED AT 6501/6503 SEASHORE DRIVE (PA2019-216) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, Pamela Dow, Trustee for the Feldman Family Administrative Trust ("Applicant") filed an application to amend Setback Map S -1A — West Newport set forth in Section 20.80.040 (Setback Maps) of the Newport Beach Municipal Code ("NBMC") ("Zoning Code Amendment No. CA2019-008") applicable to the 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 045-092-03 ("Property"); WHEREAS, the Property's land use designation under General Plan of the City of Newport Beach ("General Plan") is RT (Two Unit Residential) and is located within the R- 2 (Two -Unit Residential) zoning district; WHEREAS, Zoning Code Amendment No. CA2019-008 is consistent with the General Plan including 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 in that it will provide uniformity in the setback of other properties in the area; WHEREAS, Zoning Code Amendment No. CA2019-008 is consistent with other provisions of Title 20 (Planning and Zoning) of the NBMC, as it will not alter any other development standard or regulation; 10-9 Ordinance No. 2020 - Page 2 of 4 WHEREAS, a public hearing was held by the Planning Commission on February 20, 2020, in the 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 California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 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; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2020-002 by a majority vote (6 ayes, 0 no) recommending the City Council approve Zoning Code Amendment No. CA 2019-008; and WHEREAS, a public hearing was held by the City Council on April 14, 2020, in the 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 Ralph M. Brown Act and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council of the City of Newport Beach hereby approves Zoning Code Amendment No. CA2019-008, amending Setback Map No. S -1A — West Newport in Section 20.80.040 (Setback Maps) of the NBMC for the residential property located at 6501/6503 Seashore Drive, as set forth in Exhibit 'A" which is attached hereto and incorporated herein by reference. Section 2: An amendment to Section 21.48.040 (Setback Maps) as set forth in Title 21 (Local Coastal Program Implementation Plan) is also underway pursuant to Ordinance 2020-_ to approve LCP Amendment No. LC2019-007. Zoning Code Amendment No. CA2019-008 shall not become effective until approval of LCP Amendment No. LC2019-007 by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. 10-10 Ordinance No. 2020 - Page 3 of 4 Section 4: 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 5: The City Council finds the introduction and adoption of Zoning Code Amendment No. CA2019-008 is exempt from environmental review under 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. 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 change does not result in a change to the permitted land use or density. Zoning Code Amendment No. CA2019-008 amends the setbacks on the relatively flat site; but does not change the residential use. The maximum number of dwelling units on the Property will not increase beyond the existing two units. Application of all development standards including, but not limited to, height and parking, remain the same with or without Zoning Code Amendment No. CA2019-008, thus the allowable intensity of development is not altered. Section 6: 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. Section 7: 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 the same shall become final and effective upon the effective date of approval by the California Coastal Commission of Local Coastal Program Amendment No. LC2019-007 and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council. 10-11 Ordinance No. 2020 - Page 4 of 4 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of April, 2020, and adopted on the 28th day of April, 2020, by the following vote, to -wit: AYES, COUNCILMEMBERS NAYS, COUNCILMEMBERS ABSENT COUNCILMEMBERS WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE vim- (f- a— AARON C_ HARP, CITY ATTORNEY Attachment(s): Exhibit A: Setback Map No. S -1A — West Newport 10-12 EXHIBIT "A" Zoning Code Amendment No. CA2019-008 s / SS s s _ 5 _ � _ _a \ �S icy �-- �.G. _ 'i 1 f,�•- S-1 A -West Newport Setback Map 1 10-13 Attachment B Ordinance No. 2020-12 10-14 ORDINANCE NO. 2020-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-007 TO AMEND SETBACK MAP SAA — WEST NEWPORT AS SET FORTH IN SECTION 21.80.040 (SETBACK MAPS) OF TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE APPLICABLE TO THE PROPERTY LOCATED AT 6501/6503 SEASHORE DRIVE (PA2019-216) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, Section 30500 of the California Public Resources Code requires each county and city to prepare a Local Coastal Program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("Local Coastal Program") as amended from time to time including most recently on February 12, 2019 via Resolution No. 2019-16; WHEREAS, the California Coastal Commission effectively certified the City's Local Coastal Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal Program Implementation Plan) ("Title 21 ") to the City of Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit -issuing authority on January 30, 2017; WHEREAS, Pamela Dow, Trustee for the Feldman Family Administrative Trust ("Applicant") filed an application to amend Setback Map S -1A — West Newport set forth in Section 21.80.040 (Setback Maps) of the NBMC ("LCP Amendment No. LC2019-007") applicable to the 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 045- 092-03 ("Property"); 10-15 Ordinance No. 2020 - Page 2 of 5 WHEREAS, the Property is designated RT -E (Two Unit Residential) by the City of Newport Beach Local Coastal Program Coastal Land Use Plan and is located within the R-2 (Two -Unit Residential) coastal zoning district; WHEREAS, LCP Amendment No. LC2019-007 is consistent with the General Plan including 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 in that it will provide uniformity in the setbacks of other properties in the area; WHEREAS, LCP Amendment No. LC2019-007 is consistent with other provisions of Title 21 (Local Coastal Program Implementation Plan) of the NBMC, as it will not alter any other development standard or regulation; WHEREAS, a public hearing was held by the Planning Commission on February 20, 2020, in the 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 California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 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; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2020-003 by a majority vote (6 ayes, 0 no) recommending the City Council approve LCP Amendment No. LC2019-007; WHEREAS, a public hearing was held by the City Council on April 14, 2020, in the 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 Ralph M. Brown Act and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; and WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5 ("Public Participation"), drafts of LCP Amendment No. LC2019-007 were made available and a Notice of Availability was distributed at least six (6) weeks prior to the City Council public hearing. 10-16 Ordinance No. 2020 - Page 3 of 5 NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council of the City of Newport Beach hereby approves Local Coast Program Amendment No. LC2019-007, amending Setback Map No. S -1A — West Newport in Section 21.80.040 (Setback Maps) of the NBMC for the residential property located at 6501/6503 Seashore Drive, as set forth in Exhibit 'A" which is attached hereto and incorporated herein by reference. Section 2: Staff is authorized to submit Local Coast Program Amendment No. LC2019-007, amending Setback Map No. S -1A — West Newport in Section 21.80.040 (Setback Maps) of the NBMC for the residential property located at 6501/6503 Seashore Drive to the California Coastal Commission. Section 3: LCP Amendment No. LC2019-007 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council. Upon its effective date, LCP Amendment No. LC2019-007 shall be carried out in full conformance with the California Coastal Act of 1976 as set forth in the California Public Resources Code Section 30000 et seq. Section 4: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 5: 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. 10-17 Ordinance No. 2020 - Page 4 of 5 Section 6: The City Council finds the introduction and adoption of LCP Amendment No. LC2019-007 is exempt from environmental review under 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. 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 change does not result in a change to the permitted land use or density. LCP Amendment No. LC2019-007 amends the setbacks on the relatively flat site; but does not change the residential use. The maximum number of dwelling units on the Property will not increase beyond the existing two units. Application of all development standards including, but not limited to, height and parking, remain the same with or without LCP Amendment No. LC2019-007, thus the allowable intensity of development is not altered. Section 7: 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. Section 8: 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 the same shall become final and effective upon the effective date of approval by the California Coastal Commission of Local Coastal Program Amendment No. LC2019-007 and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council. 10-18 Ordinance No. 2020 - Page 5 of 5 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of April, 2020, and adopted on the 28th day of April, 2020, by the following vote, to -wit: AYES, COUNCILMEMBERS NAYS, COUNCILMEMBERS ABSENT COUNCILMEMBERS WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY Attachment(s)- Exhibit A: Setback Map No. SAA —West Newport 10-19 EXHIBIT "A" LCP Amendment No. CA2019-007 '- S-1 A -West Newport Setback Map 1 10-20 N N Co T i/ '- S-1 A -West Newport Setback Map 1 10-20 Attachment C Resolution No. 2020-34 10-21 RESOLUTION NO. 2020-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REVOKING VARIANCE NO. VA0012 AND MODIFICATION NO. MD2343 WHICH WILL NO LONGER BE NECESSARY UPON AMENDMENT OF SECTIONS 20.80.040 (SETBACK MAPS) AND 21.80.040 (SETBACK MAPS) OF THE NEWPORT BEACH MUNICIPAL CODE FOR THE PROPERTY LOCATED AT 6501/6503 SEASHORE DRIVE (PA2019-216) WHEREAS, Variance No. VA0012 was approved by the City Council on April 23, 1951, granting a three foot deviation to a required ten foot setback and Modification No. MD2343 was approved by the Modification Committee on December 19, 1978, allowing a second -story addition to provide a five foot setback from the alley and a zero setback from Seashore Drive for the 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"), WHEREAS, an application was filed by Pamela Dow, Trustee for the Feldman Family Administrative Trust ("Applicant") to amend Setback Map S -1A West Newport set forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) of the Newport Beach Municipal Code ("NBMC") via Zoning Code Amendment No. CA2019-008 and Local Coastal Program Amendment No. LC2019-007 respectively for the Property; WHEREAS, the amendment Setback Map No. S -1A - West Newport as set forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) will render Variance No. VA0012 and Modification No. MD2343 moot; WHEREAS, a public hearing was held by the Planning Commission on February 20, 2020, in the 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 California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 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; 10-22 Resolution No. 2020 - Page 2 of 4 WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2020-004 by a majority vote (6 ayes, 0 no) recommending the City Council revoke Variance No. VA0012 and Modification No. MD2343 subject to approval of Zoning Code Amendment No. CA2019-008 and LCP Amendment No. LC2019-007; and WHEREAS, a public hearing was held by the City Council on April 14, 2020, in the 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 Ralph M. Brown Act and Chapters 20.62 and 21.62 of the NEMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby revoke Variance No. VA0012 and Modification No. MD2343 which shall become final and effective upon the effective date of Zoning Code Amendment No. CA2019-008 and Local Coastal Program Amendment No. LC2019-007 amending Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) of the NBMC. Section 2: In accordance with Section 20.68.050(B)(4)(a) (Review Authority's Action) of the NBMC, the following finding and fact in support of the revocation are set forth: Finding: A. The permit or approval was issued in error or circumstances under which the permit or approval was granted have been modified to an extent that one or more of the findings that justified the original approval can no longer be made and the public health, safety, and welfare require the revocation or modifications. Fact in Support of Finding_ 1. Recent amendments to Setback Map No. S -1A have eliminated the individual setbacks from the Property, thus making the setbacks consistent with the other properties in the vicinity. Further, all existing site improvements comply with the new setbacks, making Variance No. VA0012 and Modification No. MD2343 moot and no longer necessary. Inasmuch as the Property has the same setbacks as the other properties in the area and existing improvements comply with the new setbacks, the findings that justified the original approval of Variance No. VA0012 and Modification No. MD2343 can no longer be made. 10-23 Resolution No. 2020 - Page 3 of 4 Section 3: The City Council finds the adoption of this resolution is exempt from environmental review under 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 is a change to a limitation on the Property and has no potential to have a significant effect on the environment. Additionally, the termination of project entitlements that are no longer required is not a project according to Section 15378 of the CEQA Guidelines. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, 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. 10-24 Resolution No. 2020 - Page 4 of 4 Section 6: This resolution shall not become effective until approval of Local Coast Program Amendment No. LC2019-007 by the California Coastal Commission and adoption, including any modifications suggested by the Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council and upon the effective date of Zoning Code Amendment No. CA2019-008. Upon the effective date of Local Coast Program Amendment No. LC2019-007 and Zoning Code Amendment No. CA2019-008, Variance No. VA0012 and Modification No. MD2343 shall be deemed null and void. ADOPTED this 14th day of April 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C4.-- -1--N1 -4 Aaron C. Harp City Attorney 10-25 Attachment D Variance No. VA0012 10-26 a APPLIGP31ON NO, HAMV Or APPLIMM XUAW F. LEM VARIWI WOD 112 accordance wlttil ark--_. of -OrWagwo 06 vurlah�* 10 10; by -'v'Antad :Vor 1A 1W1A7ttQd W�- TRACT' No. rL REW -ODIM, S:�._ 11A tho W IS of Nwvoori. Oln'-"a'hp nubjoi4 howw p tlz. All of tim: oanditioun bvrelyoftor aot auz. The variazue hereby granted in aubjwt to tip fO:L1QW1Ag Vio horaby granted alga bacumo effective upon cnmpuauce with the following guarArr- Woo %Wur evideswa that t1w 2craping condltiaus.:ira being ar rill ba. comp- d with" di -4 ue.il- smh ti" au tba vaid gm-mateastanater Oidemo raqulremarat . are vet, tbi;!� varia.mo ahall be of no force or effect 'O�mtgoeVor; Thim variance extende and upplien to ouly auch bu_ Wngu and/or kap4s, or portiomi tkwrevr Ail �pacifim'1117 &5-crlwd In t APpliontiou fl* Varigme No. and all Attachwnto t1mralwa aW 11 ted by tho imovialow 401 got tovtb iw�. �m Varlmyow Tim =darolrOmd Araby oortiftes that lip Me x*md AM ba -5 Aal lmaw3z4g"� Qf all of ths di-tiona sot firth hermin. L4C . . . .. ..... Attachment E Modification No. MD2343 10-28 :MQDIFIGATION APPLICATI Qa community Development Department Appi i ca;tipn ec y city of Newport Beach 640-2138 PLEAS= PRINT<4R T1fP-E. Fee, .. ee:. Appl i cantIf1� .c..as. Al. &T&A Ph"Qrie�d�� .Address of Property Involved .fG_ -77 — Mailing Address c o '► lQ11,F-A.1 A9_/1 1'A. g Property Owner s Phan `.s Mailing Address ;Arch:itect- Phaee { lark to be done-AgL1.4 Acl'"" ; � r x: sting nonconformi ti es X/o 164r- 'Y Proposed nonconf.orm+i�ties _',e�.• 5'x7; 8 �� - a a � frJ fid �t! - �'7� _ Present Use �7�_Propvs'ed''!lse:= -Zone .5� sHa� off, Code Re ui rement: tE 64 sti.n9, Proposed' -- ., 4Wr side .set aG — ►: t': s e setback �: .... . setback a =n - u i n area- 'Garage rea 'Garb e. -area r en--S ace ar Ing s aces �: u.ildin he-i ht. pi^evitiu5 Modifications, Else PerriEi ts, :VrianceS. etc, Legal Qescri ption ❑f Property In°volved- [:if :to'a' l.o g:; :'=ati;a�h separate sheet).. dao L� -OWNER'S AFFIDAVIT �We�t� p _._.. ose.. XA- acid :say.that I am we are) :Owner(s)-of-the.: prop y . es °'- nv-o ve —depose �i Ilii-s-- appl i cation. (i) (We) -forth:er';.certi fy, : under : iee ty of peri ury; ,that: the.:foregoing statements and answers: herein -contafhed-'ehd the : i;nformat=ion herewith Submitted are in all respects 'true; and correct to the..-best fli';(my) (our) knowledge and belief. - 5ignature(s). MOTE: An agent may sign for-the-owner.-IF ;_Witten out oriaation come record owner is filed �ri,th . the a 1 i cati (n: c- pP ©Q NOT COMP FTE_" APP,LICATIO14 BELOW...THIS CINE '�"� Fee Pd: f0- Re t No Date Filed p Hearing Date �S iq � r : ;PoSti ng Date - Ma ' 1 IJate1-2 Modification Committee Action ppea'l P:::.C:-Hearing _ P. G.'`Act.ion Date' �_ -- Appeal' C: C. HesringW �:.. C.=:C: Action 10-29 CITY OF .NEWPORT BEACH CALIFORNIA 9x e Ci1�y Tia;[ 3390 Nwporl T31ra. 648•-2138 Modifications Committee Findings and Action Application No. 2343" Applicant Mr. & Mrs. A. Feldman Address of Property Involved 6501-6503 Seashore Drive, Newport Beach Legal Description Modification Requested to permit the construction of second floor addition and existingterations.-to an .duplgx whichof inv in the .foli v�ir} l a 2 -car -=age (where th -Code -MQIE-uses 4 covered space$3_.,,. 2)- it;111 _exists a,T1},g. the allay property uir a ' AD ' d 18' a7i ey setback ancL 3-' intn rA1}1aa_r_e 3. S�t7st�re_.[3x�ve_s thark wit;h_-.ftp,,.2 d_flobr addiii2_ nom, _. ..... The Modifications Committee on December 19, 1978 approved the application subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot pian ana elevations, exce a e new garages s a a esigned is a res r rom t e a ey. �..at the exist n wa acate LYi t i n �' a ey se at5 a De remove o-�[ �2y be relocated so as to observe a .setback from the a ey. 3. That all encroachments if an in the Seashore Drive ri plif-o -way s a1 Be removed. The Modifications Committee determined in this case that the proposal would of b n e detrimental to persons, property orimprovements - and that the modification as a p p Y In the neighborhood pp approved would be consistent wi-th the -legislative intent of l Ti hat [teoa Newport $edach [�unici�al Cod and madam �h�he n11ow ng findin s: pp• ps providing the req lred par�Cing.,. 2. A forming oc wa is being removed trom the required alley setbaiffR.-lhat the proposed n oor encroachment into the aFf7eY sefback conforms with o er construction a al—n�yhe alley.. That thero ose encroachment into_ the Seashore- Drive se ac --con orms wit exlstingconstruction "inthe area. NOTE: This approval shall extend for a period of 18 months from the end of the appeal period, and cannot be extended. The decision of the Committee may be appealed to the Planning Commission within 7 days of the date of the decision. Any appeal:filed shall be accompanied by a filing fee of $100.00. No building permits may be issued until the appeal period has expired. MODIFICATIONS COMMITTEE - DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR =i By .- --n►�- . . s,, dimes D. Hewicker -- f�ssistant Director -Planning NOTE: The above application number must be affixed to the plans when being submitted for plan check and building permits. 10-30 s. PUBLIC NOTICE Modification No. 2343 = Notice is hereby - Y 9i ven that— Mr. & Mrs. R. Fel is requesting a Modification of the Zoning Ordinance:-o:Pern. it the construction of second floor addition and alterations to an existing -duplex. which is nonconforraing in the following: 1) a 2• -car garage (where the Code requires is q es 3 spaces); Mote: Applicant: proposes 4 covered spaces; 2) a block ='Aall exists along i the alley property 11ne (where the Cade requires a 'D` established setback). Applicant proposes to encroach 5' into required 10, all --y se'back and 3' into required 3' Seashore Drive setback with the 2nd Moor aaai tion. Property located at 5501-6503 Seashore Drive, Newport Beach A public hearing will be held by the Modifications Committee at 3:00 P.M. on Tuesday, December 19, 1978 in the Council Chambers, City Hall, 3300 Newport Boulevard. All interested persons will be heard and all Correspondence read at that time. For further information Contact the Newport Beach Department of Community Development, Current Plans and Projects Division, 640-2218 1 10-32 Leon Levitz 1333 Stemmons Freeway Dallas, Texas 75207 M'n Mrs. A. Fel dmf r . ... . M� 5452. , , GlenY�uEvn AY.�Ue , Riverside, CA 92506 <ev�part.:Reach, CA 9fi5, James Vallace 6511 Joseph Beers. Seashore Drive 6410 W. Oceanfront Newport Beach, CA 92663 N�nxvort Beach, CA .92663 ......r,.r..,r,rrrrr,r.....r<.[r....I..r,.r.[r„ rr..... ..... r..,.frrl. John Rutz Herbert Whitley 6507 Seashore Drive 104 Val nut Street Newport Beach, CA 92663 ' Gerona del Liar, CA 92625 `r...r,[rr.......f r[.........r[al[[llr.f.[ Bene Kraus Beverly Cox 6407 Seashore Drive 5502 W. Ocean !rant Newport Beach, GA 92E63 Newport Beach, CA 92663 r.errre [r.[r..[. [f le [.e[rr e.r [.[rr[e ,. rrrrrrlrellla Alae rrferrr rrrerer.rr - - Norman Leitner Central !Newport Beach 6504 14. Ocea �n Front Community Association Newport Beach, CA 92fifi3 Mrs. Bobby Lovell, Pres. " 1242 W. Ocean Front ,...r..,..,,,. .. [r[aI...ra,r 1Newport' Beach, ..92663 lCAr Omer Dawson 184 Sandra Avenue K Arcadia, CA 91006 .e r.f r,r .rr r ... rlrr[leae rf r.I t q .l lar Ca l l l l l• r t S[ f 11 t 111 r. r [ ff l l I. r,..r .. Ailey McNair a 6510 W. Ocean Front Newport Beach, CA 92663 _ .f...r[a.r,f,f 4f r. [,...,..,.r.[laac,rf e r.[er,ela<ae[laea[rf.[r [... r.. •..... ; Kenneth Waternouse `f 41 Parkwood Avenue Pasadena, CA 91107 ..... ... .... rr,,, ....... ... Leon Levitz 1333 Stemmons Freeway Dallas, Texas 75207 ��...�.� 10-34 =3'= VN �. yPBpQSQ�c i �i i.' �-.i=off•=1YyT.. 'r !. - -- ti C>,o ❑ I! po dFGdV— � - EYLSTids gED1i47/1 �i ii !I �lfx1STr1JG 9 I Flsliur. i [rrTRRl:F I II 4 �' fl rr . s PRO no�c�t �• 11 dE OF Fxkvr r w DullUfNe �rs+��� II- r 1 A PROPQ F!3 ..HQDLrio i FkISTIrvG FfXST r..Lock r or �zmr �� f �• + 'fie' 1 r �rrcAl&l i �xlsTraL�_d��aC1f9_ I 2q, 40 0 f RDP�SF�� I Exlsr.N��'— f C)v - k�) p. • :�a s� iPE,re�lrn� FYlST1NG LIVIUG Ree.V 6HRR6E� �rS'il,V f. AEORaort _ �YLS71U6 G9�4hSFr LYS �:x�"]•--�Qg17GE^- ! � T ���.u� I 0PEi11/NG MAOE j F0fL.�E4V G/4R �dR � i i 10-35 10-36 -_ ...EE'JS2'[1V e. RE R r? ELEVAT_-LaM&sa-&Yj � d •- --• --- --------��- -- E r EaST EL6vwriom �F_ST EtFYATla�/ DT :PL.A N zor�A aiock_�E' : ;. :. `0-+�►W��s- F1: FEL BM FIN 65D1 10-37 S 17 �9 l� I H a .m -- E r EaST EL6vwriom �F_ST EtFYATla�/ DT :PL.A N zor�A aiock_�E' : ;. :. `0-+�►W��s- F1: FEL BM FIN 65D1 10-37 Attachment F Existing Setback Map S -1A 10-38 y� �a o° Yroa �0®�®®1�19A ®®:� ®91►0 0111®=AAIAI011011 =11®� S -1A -West Newport Setback Map 10-39 Attachment G Proposed Setback Map S -1A 10-40 O N N T1 O (D ( n y� �a o� yya ° yz a o m A m � m � o00 m yew mN Nw� wNw �- aozs oozy ayes '0 S -1A -West Newport Setback Map 10-41 woe S ° yz a o m A m � m � o00 m yew mN Nw� wNw �- aozs oozy ayes '0 S -1A -West Newport Setback Map 10-41 Attachment H Planning Commission Resolution No. PC2020-002 10-42 RESOLUTION 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 SAA 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, 10-43 Planning Commission Resolution No. PC2020-002 Paae 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. 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. 10-44 Planning Commission Resolution No. PC2020-002 Paae 3 of 4 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 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 -1A 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 : 10-45 Planning Commission Resolution No. PC2020-002 Paqe 4 of 4 EXHIBIT "A" Zoning Code Amendment No. CA2019-008 S-1 A -West Newport Setback Map 10-46 Attachment I Planning Commission Resolution No. PC2020-003 10-47 RESOLUTION 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 SAA 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. 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 Paae 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. 10-49 Planning Commission Resolution No. PC2020-003 Paae 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: 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 10-50 MA Planning Commission Resolution No. PC2020-003 Paae 4 of 5 10-51 Planning Commission Resolution No. PC2020-003 Paae 5 of 5 EXHIBIT "A" Local Coastal Plan Amendment No. LC2019-007 eQ- S-1 A -West Newport Setback Map 10-52 Attachment J Planning Commission Resolution No. PC2020-004 10-53 RESOLUTION NO. PC2020-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL REVOKE VARIANCE NO. VA0012 AND MODIFICATION NO. MD2343 APPROVING SETBACKS FOR THE PROPERTIES LOCATED AT 6501/6503 SEASHORE DRIVE THAT WILL NOT LONGER BE NECESSARY UPON AMENDMENT OF SECTIONS 20.80.040 (SETBACK MAPS) AND 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. An application was filed by Pamela Dow, Trustee for the Feldman Family Administrative Trust ("Applicant") with respect to amending Setback Map S -1A West Newport as set forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) of the Newport Beach Municipal Code ("NBMC"). 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. Variance No. VA0012 was approved by the City Council on April 23, 1951, granting a three (3) foot deviation to a required ten (10) foot setback. Modification No. MD2343 was approved by the Modification Committee on December 19, 1978, allowing a second -story addition to provide a five (5) foot setback from the alley and a zero setback from Seashore Drive. 3. The Applicant is requesting an amendment to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) revising Setback Map No. S -1A West Newport as set forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) 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 and LCP Amendments"). The amendment to the setback map will render the previous entitlements moot. Accordingly, the Applicant is also requesting to revoke Variance No. VA0012 and the Modification No. MD2343 once the Code and LCP Amendment go into effect. 4. The Property is designated RT (Two -Unit Residential) by the City of Newport Beach General Plan Land Use Element and is located within the R-2 (Two -Unit Residential) zoning district. The Property is also designated RT -E (Two -Unit Residential) by the City 10-54 Planning Commission Resolution No. PC2020-004 Paae 2 of 3 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. 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 the Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of the Newport Beach Municipal Code (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. The recommendation to City Council to revoke/terminate Variance No. VA0012 and Modification No. MD2343 is categorically exempt ' from under 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. Additionally, the termination of Variance No. VA0012 and Modification No. MD2343 that are no longer required is not a project according to Section 15378 of the CEQA Guidelines. 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 elimination of entitlements that are no longer necessary because it does not change the residential use, nor does it increase the density beyond the existing two units. 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. Variance No. VA0012 granted a three (3) foot deviation to a ten (10) foot setback on the west side of the property and Modification No. MD2343 allowed a second -story addition to provide a five (5) foot setback from the alley and a zero setback from Seashore Drive. Since approval of these entitlements, the setback map has been revised to allow the zero setback on the south side of Seashore Drive. The Applicant is also requesting that the setback map be revised to allow the default side setbacks of four (4) feet from the east and west property lines, and a rear setback of five (5) feet from the alley side of the property. Upon the effective date of amendments to the setback map, S -1A West Newport, set forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) of the NBMC Variance No. VA0012 and Modification No. MD2343 will no longer be necessary. As the existing structures would comply with the revised setbacks by way of 10-55 Planning Commission Resolution No. PC2020-004 Paae 3 of 3 the NBMC. Based on this change to Setback Map No. S -1A, the circumstances in which the entitlements were approved have changed and the original findings in support of these entitlements will no longer be valid. 2. 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: The recommendation to City Council to revoke/terminate Variance No. VA0012 and Modification No. MD2343 is categorically exempt from under 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. Additionally, the termination of project entitlements that are no longer required is not a project according to Section 15378 of the CEQA Guidelines. 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council revoke Variance No. VA0012 and Modification No. MD2343, upon California Coastal Commission approval followed by City Council adoption of the final ordinance for the LCP Amendment (LC2019-007), thereby rendering Variance No. VA0012 and Modification No. MD2343 moot. PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF FEBRUARY 2020. AYES: Ellmore, Klaustermeier, Koetting, Lowrey, Rosene, and Weigand NOES: ABSTAIN: ABSENT: Kleiman 10-56 Attachment K Planning Commission Staff Report, dated February 20, 2020 10-57 EWPOR @ CITY OF NEWPORT BEACH 3' PLANNING COMMISSION STAFF REPORT February 20, 2020 `��F���■° Agenda Item No. 4 SUBJECT: Amendment to Setback Map No. S -1A (PA2019-216) ■ Code Amendment No. CA2019-008 ■ LCP Amendment No. LC2019-007 ■ Revocation of Variance No. VA0012 and Modificaiton No. MD2343 SITE LOCATION: 6501 and 6503 Seashore Drive APPLICANT: Pamela M. Dow, Trustee of the Feldman Family Administrative Trust OWNER: Pamela M. Dow, Trustee of the Feldman Family Administrative Trust PLANNER: David Blumenthal, AICP, Planning Consultant 949-644-3200 or dblumenthal@newportbeachca.gov PROJECT SUMMARY Amendments to Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) revising Setback Map No. S -1A to adjust the required setbacks for the subject site. In conjunction with the amendments, the action would revoke Variance No. VA0012 and Modification No. MD2343 previously authorized for the site permitting setback encroachments for the existing dwelling. Although no new development is proposed, the amendments would establish setbacks and buildable area applicable to future development of the property comparable with other properties in the vicinity. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project 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, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. PC2020-002 recommending the City Council approve Code Amendment No. CA2019-008 (Attachment No. PC 1). 4) Adopt Resolution No. PC2020-003 recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2019-007 to the California Coastal Commission (Attachment No. PC 2). 5) Adopt Resolution No. PC2020-004 recommending the City Council revoke Variance No. VA0012 and Modificaiton No. MD2343 (Attachment No. PC 3). 10-58 VICINITY MAP 47 '. � �. ♦ 1, _. 10 Subject Site y GENERAL PLAN ZONING 0 tl g o?fi LOCATIONF GENERAL PLAN ZONING CURRENT USE ON-SITE RT (Two Unit Residential) R-2 (Two -Unit Residential) Two -unit residential dwelling NORTH PR (Parks and Recreation PR (Parks and Recreation)West Newport Park SOUTH IF7 RT R-2 Two -unit residential dwelling EAST RT R-2 Single -unit residential dwelling WEST RT R-2 Single -unit residential dwellings 10-59 Background The property is currently developed with a residential duplex and 2 two -car garages constructed in 1951 and expanded in 1979. The property has a complicated background and the past decisions affecting the application of required setbacks is not entirely clear. Pursuant to the 1950 Zoning Code, the subject property should have been subject to a 20 -foot front setback adjacent to Walnut Street, a 3 -foot side setback adjacent to Seashore Drive, a 3 -foot setback adjacent to the alley, and a 10 -foot rear setback adjacent to the westerly property line. However, development of the site relied on Variance No. VA0012 (Attachment No. PC 4), which appears to have authorized a 3 -foot deviation to the rear setback along the westerly property line (i.e., provide a 7 -foot rear setback), with a condition that a 10 -foot setback be maintained along the alley. Although not mentioned in the variance, the duplex was also constructed with a 4 -foot setback adjacent to Walnut Street. Additionally, the duplex appears to have been constructed with a 6 -foot rear setback, in lieu of the authorized 7 -foot setback. The setbacks authorized by VA0012 were subsequently added to Districting Map 1 of a 1954 update to the Zoning Code. Figure 1 — Historic Districting Map 1 Comparison Subject Site 'fly 1950 Districting Map Excerpt Subject Site Ilk i 1954 Districting Map Excerpt 10-60 On December 19, 1978, Modification Permit No. MD2343 (Attachment No. PC 5) was approved by the Modifications Committee authorizing a second floor addition and alterations to the existing duplex, including a second floor encroachment of 5 feet into the 10 -foot alley setback and 3 feet into the 3 -foot setback adjacent to Seashore Drive. The property was identified as nonconforming. A building permit was issued for the addition (PC150-79) in 1979 and construction was completed in 1982. As part of the 2010 Comprehensive Zoning Code Update, Districting Map 1 was replaced with Setback Map S -1A (Attachment No. PC 6). The 10 -foot alley setback and 3 -foot setback adjacent to the westerly property line was maintained on the setback map, however, a zero setback was also added to the Seashore Drive property line consistent with the zero setback applicable to other properties along Seashore Drive. Figure 2 — Existing Setback Map Project Description Due to the complicated history and unique application of setbacks that are not consistent with those applicable to the surrounding area, the applicant is requesting to amend Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) revising Setback Map No. S-1 A such that the subject property's setbacks match the other properties in the area. 10-61 The requested revision would result in a zero front setback from Seashore Drive, 4 -foot side setbacks from the westerly side property line and Walnut Street, and a 5 -foot rear setback abutting the alley. Should the amendments be approved, it would render the previously approved entitlements moot. The applicant is proposing to address the soon to be obsolete entitlements by requesting the City revoke both Variance No. VA0012 and Modification No. MD2343 upon implementation of the amendment to Setback Map No. S-1 A. DISCUSSION Proposed Setbacks The request would change Setback Map No S -1A (Attachment PC 7) to match the other properties the area as illustrated in Figures 3 and 4. With this revision to the setback map, the resulting setbacks applicable to the property would be zero front setback from Seashore Drive; 4 -foot side setback from Walnut Street; 4 -foot side setback from the west property line; and 5 -foot rear setback from the alley. s� qs,S,Adjacent Properties QRF 6511 & 6507 Seashore Dr � aR 660 7 4�kol 19 rJ�O 77 10 r b 6`SD Subject Property 6503 & 6501 Seashore Dr Ap. 4op "'a R sso� o 6 SSZ Q`b� ��Y S67 y� ©JA, oh CO ,moo QC. �� ti -41 FRo I'Fo NTS (b Figure 3 — Surrounding Property Setbacks 10-62 Figure 4 — Proposed Setback Map According to City records, the existing duplex already complies with the proposed setbacks; as such, this action does not create non -conforming structure despite the complicated entitlement history described earlier. A comparison of the setbacks is as follows in Table 1: Although no change to the existing structure is being proposed at this time, the change to the setback map would result in the following development standards applicable to the property: 10-63 Table 1 — Comparison of Setbacks Existing Improvements Current Setback Requirements Proposed Setback Requirements Front (Seashore Dr) 0' 0' 0' Side west property line 6' 3' 4' Side Walnut St)_4' 4' 4' Rear(alley) 5' 10' 5' Although no change to the existing structure is being proposed at this time, the change to the setback map would result in the following development standards applicable to the property: 10-63 Table 2 — Development Standards Development Standard Proposed Buildable Area lot minus setbacks 2,607 square feet Floor Area Limit (2 x buildable) 5,214 square feet Open Volume Area 391 square feet In order to understand how this change compares to other properties in the area, staff analyzed the Floor Area Limit ratio (Floor Area Limit/Lot Size) for the subject site and the other properties on the south side of Seashore Drive, between Lugonia Street and Cedar Street (Table 3). Since the properties on West Ocean Front are the same size and have the same setbacks, they are only listed once. The analysis illustrates that the amendments to the map will result in a development site that would be consistent with the setbacks and floor area limit allowance of surrounding comparable lots. Furthermore, should this request be approved, the property owner would be granted the same development rights that other properties have in the area through the uniform application of setbacks. Table 3 — Property Comparison Property Lot Size Floor Area Limit Ratio Subject Property - Proposed 3,312 square feet 5,214 square feet 1.6 Subject Property - Existing 3,312 square feet 4,448 square feet 1.3 6401/6403 Seashore Drive 3,680 square feet 6,264 square feet 1.7 6407 Seashore Drive 1,642 square feet 2,332 square feet 1.4 6507 Seashore Drive 1,728 square feet 2,472 square feet 1.4 6511 Seashore Drive 1,728 square feet 2,472 square feet 1.4 104 Walnut Street 1,642 square feet 2,332 square feet 1.4 W. Ocean Front properties 2,250 square feet 3,120 square feet 1.4 Local Coastal Plan Since the subject site is located within the Coastal Zone, an amendment to the Title 21 (Implementation Plan of LCP) is required. Amendments to the LCP must be reviewed and approved by the City Council, with a recommendation from the Planning Commission, prior to submitting the amendment request to the Coastal Commission. The Coastal Commission is the final decision-making authority on amendments to the certified LCP. 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 proposed project 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 site and need to comply with all development standards of the LCP. 10-64 Additionally, this change will not have an impact on public access or views to coastal resources. Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it is a minor change to the setbacks (a land use limitation). The site does not have an average slope that exceeds 20 percent and this action will not result in a change to the land use or density. Furthermore, none of the exceptions listed in CEQA Guideline Section 15300.2 apply. Public Notice Notice of this hearing 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 ten 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: David Blumenthal, AICP Planning Consultant ATTACHMENTS Submitted by: Jim Campbell Deputy Community Development Director PC 1 Draft resolution recommending the City Council approve Zoning Code Amendment No. CA2019-008 PC 2 Draft resolution recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2019-007 to the California Coastal Commission PC 3 Draft resolution recommending the City Council revoke Variance No. VA0012 and Modificaiton No. MD2343 PC 4 Variance No. VA0012 PC 5 Modification No. MD2343 PC 6 Existing Setback Map No. S -1A PC 7 Proposed Setback Map No. S -1A 10-65 Attachment L February 20, 2020 Planning Commission minute excerpts 10-66 NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE THURSDAY, FEBRUARY 20, 2020 REGULAR MEETING — 6:30 P.M. CALL TO ORDER — The meeting was called to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE — Commissioner Ellmore III. ROLL CALL PRESENT: Chair Peter Koetting, Vice Chair Erik Weigand, Secretary Lee Lowrey, Commissioner Curtis Ellmore, Commissioner Sarah Klaustermeier, Commissioner Mark Rosene ABSENT: Commissioner Lauren Kleiman (excused) Staff Present: Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, Principal Planner Jaime Murillo, Senior Planner Benjamin Zdeba, Assistant Planner Joselyn Perez, Planning Consultant David Blumenthal, Administrative Support Specialist Clarivel Rodriguez, Administrative Support Technician Amanda Lee Deputy Community Development Director Campbell reported the item regarding residential design standards should have been removed from the calendar at the January meeting. A community meeting about potential code amendments related to residential design standards will be held on March 9, 2020, at 6:00 p.m. in the Civic Center Community Room. IV. PUBLIC COMMENTS None V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF JANUARY 23, 2020 Recommended Action: Approve and file Motion made by Vice Chair Weigand and seconded by Commissioner Klaustermeier to approve the minutes of the January 23, 2020 meeting as presented. AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Rosene NOES: ABSTAIN: ABSENT: Kleiman VII. PUBLIC HEARING ITEMS ITEM NO. 2 AMENDMENT TO SETBACK MAP NO. SAA (PA2019-216) Site Location: 6501 and 6503 Seashore Drive Summary: Amendments to Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) revising Setback Map No. S -1A to adjust the required setbacks for property located at 6501 and 6503 Seashore Drive. In conjunction with the amendments, the request includes revocation of Variance No. VA0012 and Modification Permit No. MD2343, which previously authorized setback encroachments on the site for the existing dwelling. 1 of 7 10-67 Planning Commission Minutes February 20, 2020 Recommended Action: 1. Conduct a public hearing; 2. Find this project 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, because it has no potential to have a significant effect on the environment; 3. Adopt Resolution No. PC2020-002 recommending the City Council approve Code Amendment No. CA2019-008; 4. Adopt Resolution No. PC2020-003 recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2019-007 to the California Coastal Commission; and 5. Adopt Resolution No. PC2020-004 recommending the City Council revoke Variance No. VA0012 and Modification No. MD2343. Planning Consultant David Blumenthal reported the intent of the amendment is to make the property consistent with surrounding properties. The duplex, built in 1951, is located at the corner of Walnut Street and Seashore Drive. The property is zoned R-2. Under the 1950 Zoning Code, the City in 1951 granted a variance to deviate from the westerly side setback conditioned upon the applicant providing a 10 -foot setback along the alley. In 1978, a modification to allow an encroachment of a second -story addition to the property was approved. The modification allowed the second story a zero setback from Seashore Drive and a 5 -foot setback from the alley. In 2010, the Districting Map was replaced with Setback Map S -1A. The applicant proposes to amend Setback Map S -1A in Titles 20 and 21 such that the property's setbacks match other properties in the area. In response to Chair Koetting's inquiries, Planning Consultant Blumenthal explained that the applicant intends to sell the property. The change will provide slightly more buildable area on the property; however, the City has not been notified of any type of proposed addition or remodel of the existing duplex. Deputy Community Development Director Campbell indicated the Modifications Committee was composed of staff members from the Planning Department, Public Works Department, and Building Division who reviewed modification permits. Commissioners Rosene, Klaustermeier, Ellmore, and Lowrey disclosed no ex parte communications. Chair Koetting disclosed a site visit. Vice Chair Weigand disclosed a meeting with the applicant's consultant to discuss the merits of the project. Chair Koetting opened the public hearing. Devin Lucas, applicant's representative and legal counsel, advised that the Feldman family purchased the property in 1974. With Mr. and Mrs. Feldman's deaths, the trust calls for the sale of the property. In preparing the property for sale, the variance was discovered. The applicant requests the variance be rescinded. In response to Commissioners' queries, Mr. Lucas indicated the wall within the alley setback would have to be removed in any proposal to redevelop the property. Access to the ocean is located via a public sidewalk adjacent to the property. Chair Koetting closed the public hearing. In answer to Chair Koetting's question, Deputy Community Development Director Campbell related that the Coastal Commission may handle the proposed amendment as a de minimis amendment, a minor amendment, or a major amendment. Motion made by Vice Chair Weigand and seconded by Commissioner Rosene to adopt Resolution No. PC2020-002 recommending the City Council approve Code Amendment No. CA2019-008; adopt Resolution No. PC2020-003 recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2019-007 to the California Coastal Commission; and adopt Resolution No. PC2020-004 recommending the City Council revoke Variance No. VA0012 and Modification No. MD2343. AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Rosene NOES: ABSTAIN: ABSENT: Kleiman 2 of 7 I .: