HomeMy WebLinkAbout1605 - RECOMMEND APPROVAL OF GPA, LC AND CA_813 E BALBOA BLVDRESOLUTION NO. 1605
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE
GENERAL PLAN AMENDMENT NO. 2003 -003, LOCAL COASTAL
PLAN AMENDMENT NO. 2003 -002 AND CODE AMENDMENT NO.
2003 -005 FOR PROPERTY IDENTIFIED AS 813 EAST BALBOA
BOULEVARD (PA2003 -099)
Section 1. An application was filed by Steven Legere, property owner, with
respect to property located at 813 East Balboa Boulevard and legally described as Balboa
Tract, Block 12, Lot 7, requesting to change the General Plan land use designation from
Retail & Service Commercial to Two - Family Residential, change the Local Coastal Plan
land use designation from Retail & Service Commercial to Two - Family Residential, and
change the zoning designation from Specific Plan No. 8 (Retail and Service Commercial)
to Specific Plan No 8 (R -2 — Two Family Residential).
Section 2. A public hearing was held on June 19, 2003 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the aforesaid meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting.
Section 3. The Planning Commission finds as follows:
1. The City's General Plan requires the City provide for sufficient diversity of land
uses so that schools, employment, recreation areas, public facilities, churches
and neighborhood shopping centers are in close proximity to each resident of the
community. The proposed amendment constitutes a minor reduction in size of
the Central Balboa commercial area that serves the residents of the area but
does not eliminate the entire commercial district. The remaining commercial area
is of adequate size to provide Balboa Peninsula residents, visitors and workers
with access to a variety of commercial and retail establishments.
2. The City's General Plan requires the City insure redevelopment of older or
underutilized properties and preserve the value of property by allowing for some
modest growth, while maintaining acceptable levels of traffic service. The current
General Plan designation allows one residential unit in addition to commercial
uses on the subject property. The amendments facilitate the redevelopment of a
vacant under used commercial property to a residential use. The Two Family
designation permits a maximum of two dwelling units on the subject property.
Although the amendment will allocate one additional residential unit beyond the
one permitted with mixed -use developments, trip generation rates for residential
uses are lower than those for general retail, commercial and mixed uses.
Planning Commission Resolution No.
Page 2 of 6
3. The City's General Plan indicates that the City shall maintain suitable and
adequate standards for landscaping, sign control, site and building design,
parking and under grounding of utilities to ensure that the quality and character of
residential neighborhoods are maintained and that commercial and office
projects are aesthetically pleasing and compatible with surrounding land uses.
Residential development on the property will be subject to the SP -8 (R -2)
development regulations identical to surrounding residential properties, which will
ensure compatibility with the surrounding neighborhood.
4. The General Plan and Zoning Code amendments will maintain the consistency
between the General Plan and Zoning Code land use designations and further,
will require development of the site to comply with the applicable City standards
as outlined in the Zoning Code, for building height, setbacks, and required
parking.
5. The proposed project will result in the elimination of the existing nonconforming
building. The change of the land use designation of the subject property to
Residential within the Local Coastal Plan Amendment shall only become
effective upon the approval of Local Coastal Plan No. 2003 -002 by the California
Coastal Commission.
6. It is the expectation of the Planning Commission that the re -use of the existing
non - conforming commercial building for residential purposes does not occur with
the approval of this change in land use. Redevelopment or improvements to the
property for residential purposes shall be done in accordance with the Specific
Plan No. 8 (R -2) development regulations. The maintenance of non - conformities
with re -use of the site pursuant to Specific Plan No. 8 (R -2) shall not be
permitted.
7. The proposed project has been determined to be Categorically Exempt under the
Class 3 (Residential construction in an urbanized area) and Class 5 (Minor
Alterations in Land Use Limitations) requirements of the California Environmental
Quality Act (CEQA), and the State CEQA Guidelines. Under these exemptions,
up to 6 units can be constructed in an urbanized area provided the project does
not impact environmentally sensitive resources. The site is currently developed
with a commercial structure within an urbanized area, utilities are available and
no significant environmental resources are located on the site.
Section 4. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council approve General Plan Amendment No. 2003-
003 as depicted in Attachment "A" and "B ", Local Coastal Plan Amendment No. 2003-
002 as depicted in Attachment "B" and Code Amendment No. 2003 -005 as depicted in
Attachment "C ".
Planning Commission Resolution No.
Page 3 of 6
PASSED, APPROVED AND ADOPTED THIS 19'h DAY OF JUNE 2003.
BY:
Steven Kiser, Chairman
M.
Patricia L. Temple, Ex-Officio Secretary
AYES: Toerge, McDaniel, Kiser, Gifford
Selich and Tucker
ABSENT: None
Planning Commission Resolution No.
Page 4 of 6
ATTACHMENT "A"
TO RESOLUTION NO. _
All provisions of the Land Use Element of the General Plan remain unchanged
except for the following chart:
Central Balboa Area
ESTIMATED GROWTH FOR STATISTICAL AREA D2, D3 & D4
Residential (in
Commercial (in
du's)
sq.ft.)
Existin
Projecte
g
Gen. Plan
d
Existing
Gen. Plan
Projected
1/1/87
Projection
Growth
1/1/87
Projection
Growth
1. Island Avenue
5
8
3
9,670
10,800
1,130
2. Library /FS
0
0
0
7,200
11,250
4,050
3. Bay Island Parking
0
0
0
0
0
0
4. Newport HarborYC
0
0
0
17,000
20,000
3,000
MTN
5. Central Balboa (R)
1,924
2,372
448
0
0
0
226,06
TOTAL
2,148
2,739
591
5
281,859
55,794
Population
4,253
5,423
1,170
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Planning Commission Resolution No. _
Page 5of6
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