HomeMy WebLinkAbout2020-89 - Approving General Plan Amendment No. GP2020-003 for a Residential Subdivision Located at 2400 Santiago Drive (PA2020-041)RESOLUTION NO. 2020-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING
GENERAL PLAN AMENDMENT NO. GP2020-003 FOR A
RESIDENTIAL SUBDIVISION LOCATED AT 2400
SANTIAGO DRIVE (PA2020-041)
WHEREAS, an application was filed by Ashley Shvetz ("Applicant"), with respect to
property located at 2400 Santiago Drive, and legally described as the southeasterly 120 feet
of Lot 297, Newport Heights, in the City of Newport Beach ("City"), County of Orange, State
of California, as per map recorded in Book 4, Page 83 of Miscellaneous Maps, in the Office
of the County Recorder of Orange County, California ("Property"),
WHEREAS, the Applicant is requesting subdivision of an existing single-family
residential property into two lots which require approval of General Plan Amendment No.
GP2020-003, pursuant to the City of Newport Beach General Plan ("General Plan") Policy
LU 4.2 (Prohibition of New Residential Subdivisions) and approval of Tentative Parcel Map
No. NP2020-007, to allow for the increase of one additional dwelling unit ("Project");
WHEREAS, the Property is designated RS -D (Single Unit Residential Detached)
by the General Plan Land Use Element and is located within the R-1 (Single -Unit
Residential) Zoning District;
WHEREAS, the Property is not located within the coastal zone, therefore, an
amendment to the Local Coastal Program is not required;
WHEREAS, a telephonic public hearing was held on July 23, 2020 in the City Council
Chambers located at 100 Civic Center Drive, Newport Beach, due to the Declaration of a
State Emergency and Proclamation of Local Emergency related to COVID-19. A notice
of time, place and purpose of the hearing was given in accordance with Government Code
Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (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;
WHEREAS, on July 23, 2020, the Planning Commission adopted Resolution No.
PC2020-028 by a unanimous vote (6 ayes, 0 nays), recommending approval of the
Project to the City Council;
WHEREAS, due to the proposed amendments to the General Plan, California
Public Utilities Code Section 21676(b) requires the City to refer the Project to the Orange
County Airport Land Use Commission ("ALUC") for a determination of the Project's
consistency with the Airport Environs Land Use Plan ("AELUP") for the John Wayne
Airport;
Resolution No. 2020-89
Page 2 of 6
WHEREAS, on September 17, 2020, the ALUC voted (6 ayes, 0 nays) finding the
Project to be consistent with the AELUP; and
WHEREAS, a telephonic public hearing was held on October 13, 2020, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach due to the Declaration
of a State Emergency and Proclamation of Local Emergency related to COVID-19. A
notice of time, place and purpose of the hearing was given in accordance with the 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 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 has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council does hereby approve the request for General Plan
Amendment No. GP2020-003 for a residential subdivision to create one additional single-
family residential property.
Amendments to the General Plan are legislative acts. Neither Title 20 (Planning and
Zoning) nor California Government Code Section 65350 et seq., require specific findings
for either approval or denial of such amendments. Notwithstanding the foregoing, General
Plan Amendment No. GP2020-003 is consistent with the following land use policies of the
General Plan, City Council policy and state law:
General Plan Policy Consistency Finding
a. Land Use Element Policy LU 4.2 (Prohibition of New Residential Subdivisions).
Prohibits new residential subdivisions that would result in additional dwelling units unless
authorized by an amendment of the General Plan (GPA). Lots that have been legally
merged through the Subdivision Map Act and City Subdivision Code approvals are
exempt from the GPA requirements and may be re -subdivided to the original underlying
legal lots. This policy is applicable to all Single Unit, Two Unit, and Multiple Unit
Residential land use categories. (Imp 6.1).
Resolution No. 2020-89
Page 3 of 6
Facts In Support of Finding
1. General Plan Amendment No. GP2020-003 does not propose a change in land
use and the Property would remain RS -D (Single Unit Residential Detached).
General Plan Amendment No. GP2020-003 would add one additional dwelling unit
to Statistical Area J5 that is consistent with the RS -D land use designation.
2. The subdivision would result in two lots configured as one 15,000 -square -foot
rectangular lot (Parcel 1) and one 21,060 -square -foot flag -shaped lot (Parcel 2).
The proposed configuration is consistent with other configurations surrounding the
Property, including 2416 and 2420 Santiago Drive, which are immediately
northwest of the Property. Although Parcel 2 is flag -shaped, it does not meet the
definition of a flag lot per Section 19.24.0500) (Lot Design) which is defined as a
lot having its only vehicular access by way of a narrow accessway which serves
no more than one other property and which is less than twenty (20) feet wide and
more than twenty (20) feet long. Since Parcel 2's accessway is twenty (20) feet
wide, additional facts in support of findings for Parcel 2 for a flag lot are not
required.
3. The Project will create one additional dwelling unit within Statistical Area J5. Per
Land Use Policy LU 4.2, a residential subdivision which results in additional
dwelling units may be authorized through an amendment to the General Plan. As
discussed in greater detail below, none of the specified thresholds established by
Section 423 (density, intensity, and traffic) of the City of Newport Beach Charter
("Charter") are exceeded. Therefore, staff has concluded that General Plan
Amendment No. GP2020-003 does not require voter approval.
b. Land Use Element Policy LU 5.1.6 (Character and Quality of Residential
Properties). Require that residential front setbacks and other areas visible from the public
street be attractively landscaped, trash containers enclosed, and driveway and parking
paving minimized. (Imp 2.1)
Resolution No. 2020-89
Page 4 of 6
Facts In Support of Finding
1. The Project is a subdivision that creates one additional residential lot (Parcel 1)
abutting Santiago Drive. There is no development proposed with the Project.
However, future development of Parcel 1 will require additional review to ensure
that the 20 -foot front setback area is landscaped and properly maintained and has
a minimal driveway and parking paving. There is a long existing driveway along
the north side to access Parcel 2, which will serve as the only means of access for
the residence on Parcel 2.
C. Land Use Element Policy LU 5.1.8 (Parking Adequacy). Require that new and
renovated single-family residences incorporate adequate enclosed parking in
consideration of its number of bedrooms. (Imp 2.1)
Facts In Support of Finding
1. As previously discussed, the Project does not include development. However, a
future single-family residence will be required to provide adequate parking as
required by Section 20.40 (Off -Street Parking) of the NBMC.
City Council Policy Consistency Finding
City Council Policy A-18 (Guidelines for implementing Charter Section 423) requires
review of General Plan Amendment No. GP2020-003 to determine if a vote of the
electorate is necessary to comply with Section 423 of the Charter. If a General Plan
amendment (separately or cumulatively with other General Plan amendments within the
previous ten years) generates more than one hundred (100) peak hourtrips (a.m. or p.m.),
adds forty thousand (40,000) square feet of nonresidential floor area, or adds more than
one hundred (100) dwelling units in a statistical area, a vote of the electorate would be
required if the City Council approves the GP2020-003.
Facts In Support of Finding
1. The Property is within Statistical Area J5. There are no prior amendments to the
General Plan in this statistical area. General Plan Amendment No. GP2020-003
results in an increase of one dwelling unit. The Project results in an increase of
0.75 a.m. peak hour trips and a net increase of 1.01 p.m. peak hour trips. These
increases are based on the trip generation rates for detached residential, which is
considered the best available comparable land use in Council Policy A-18.
2. Since none of the thresholds specified by Charter Section 423 are exceeded, no
vote of the electorate is required if the City Council chooses to approve General
Plan Amendment No. GP2020-003.
Resolution No. 2020-89
Page 5 of 6
Tribal Consultation Finding
Pursuant to California Government Code Section 65352.3 (SB18), a local government is
required to contact the appropriate tribes identified by the Native American Heritage
Commission ("NAHC") each time it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the local government must consult for the purpose of
preserving or mitigating impacts to cultural resources.
Facts in Support
1. The City received comments from the NAHC indicating that eight (8) tribal contacts
should be provided notice regarding the proposed amendment to the General Plan.
The tribal contacts were provided notice on July 6, 2020. California Government
Code Section 65352.3 requires notification 90 days prior to Council action to allow
tribal contacts to respond to the request to consult. The City did not receive any
requests from tribal contacts for consultations.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: 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.
Section 5: The City Council finds the adoption of this resolution is categorically
exempt from environmental review under the California Environmental Quality Act
("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of
Small Structures) 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. Class 3 consists of construction and location of limited numbers of new,
small facilities or structures, including one single-family residence. The Project will create
an additional lot with the potential for development of one additional dwelling unit. There
are no other physical changes involved with the Project. Therefore, the Project is exempt
from CEQA.
Resolution No. 2020-89
Page 6 of 6
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 13th day of October, 2020.
ATTEST:
4W 0t4W----
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
L." C,
AarM C. Harp
City Attorney
,Q.
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CALIF/
Will O'Neill
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2020-89, was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 1P day of October, 2020; and the same was so passed and adopted
by the following vote, to wit:
AYES: Mayor Will O'Neill, Council Member Joy Brenner, Council Member Diane Dixon, Council
Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon
NAYS: Mayor Pro Tem Brad Avery
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 141h day of October, 2020.
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Leilani I. Brown
City Clerk
Newport Beach, California