HomeMy WebLinkAbout2023-12 - Authorizing Submittal of Local Coastal Program Amendment No. LC2020-005 to the California Coastal Commission Amending the Coastal Land Use Plan and Title 21 of the Newport Beach Municipal Code Land Use and Zoning Designation from Commercial NeigRESOLUTION NO. 2023-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2020-006 TO THE CALIFORNIA
COASTAL COMMISSION AMENDING THE COASTAL
LAND USE PLAN AND TITLE 21 OF THE NEWPORT
BEACH MUNICIPAL CODE LAND USE AND ZONING
DESIGNATION FROM COMMERCIAL NEIGHBORHOOD
(CN) TO TWO UNIT RESIDENTIAL (RT-E) AND
SETBACK MAP S-213 TO REMOVE A FRONT SETBACK
FOR THE PROPERTY LOCATED AT 3014 BALBOA
BOULEVARD (PA2020-060)
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, as set forth in Section 30500 of the California Public Resources
Code, the California Coastal Act 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 ("CLUP"), as amended from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's
Local Coastal Program Implementation Plan on January 13, 2017, and the City added
Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the Newport Beach
Municipal Code ("NBMC") whereby the City assumed coastal development permit -issuing
authority as of January 30, 2017;
WHEREAS, an application was filed by Gallo of Corona Del Mar, Inc.
("Applicant"), with respect to property located at 3014 Balboa Boulevard, and legally
described in Exhibit 'A," which is attached hereto and incorporated herein by reference
("Property");
Resolution No. 2023-12
Page 2 of 5
WHEREAS, the Applicant proposes to replace an existing eating and drinking
establishment and to construct a new residential structure with two condominiums totaling
approximately 3,564 square feet, including a two -car garage and two -car carport ("Project");
WHEREAS, the following legislative approvals are required for the Project. -
General Plan Amendment ("GPA") — An amendment to the General Plan Land
Use Element changing the land use category from Neighborhood Commercial
(CN) to Two Unit Residential (RT);
• Code Amendment ("CA") — An amendment to Title 20 (Planning and Zoning)
("Title 20") of the NBMC changing the zoning district from Commercial
Neighborhood (CN) to Two -Unit Residential (R-2) and removing a front setback
designation abutting the side property line on Setback Map S-2B;
• Local Coastal Program Amendment ("LCPA") — An amendment to the CLUP
changing the coastal land use category from Neighborhood Commercial (CN) to
Two Unit Residential (RT-E) (30.0 — 39.9 DU/AC), Title 21 of the NBMC changing
the coastal zoning district from Commercial Neighborhood (CN) to Two -Unit
Residential (R-2), and Setback Map S-2B to remove a front setback designation
abutting the side property line;
WHEREAS, the Property is categorized Neighborhood Commercial (CN) by the
General Plan Land Use Element and located within the Neighborhood Commercial (CN)
Zoning District;
WHEREAS, the Property is located within the coastal zone with a CLUP category
of Neighborhood Commercial (CN) - (0.0 to 0.30 FAR) and Coastal Zone District designation
of Commercial Neighborhood (CN);
WHEREAS, the Planning Commission held a public hearing on January 5, 2023,
in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with California Government Code Section 54950 et seq. ("Ralph M. Brown Act"), 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 hearing;
Resolution No. 2023-12
Page 3 of 5
WHEREAS, at the conclusion of the hearing, the Planning Commission adopted
Resolution No. PC2023-003 by a unanimous vote (5 ayes) recommending approval of
the Project to the City Council;
WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title
14, Division 5.5, Chapter 8 ("Section 13515"), drafts of the LCP Amendments were made
available and a Notice of Availability was distributed on November 17, 2022, at least six
weeks prior to the anticipated final action date; and
WHEREAS, the City Council held a duly noticed public hearing on February 14,
2023, 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 provided in
accordance with the Ralph M. Brown Act, Section 13515 and Chapter 21.62 (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 does hereby authorize City staff to submit Local
Coastal Program Amendment No. LC2020-005 to the California Coastal Commission to
amend the Property's Coastal Land Use Plan designation from Commercial Neighborhood
(CN) to Two Unit Residential (RT-E) (30.0 — 39.9 DU/AC), coastal zoning district
designation from Commercial Neighborhood (CN) to Two -Unit Residential (R-2), and
Setback Map S-2B to remove the front setback as depicted in Exhibits "B," "C," and "D,"
respectively, and supported by the findings set forth in Exhibit "E," which are attached
hereto and incorporated herein by reference.
Section 2: Local Coastal Program Amendment No. LC2020-005 shall not
become effective until approval by the California Coastal Commission and adoption,
including any modifications suggested by the California Coastal Commission, by
resolution and/or ordinance of the City Council of the City of Newport Beach.
Section 3: The LCP, including LCP Amendment No. LC2020-005, will be
carried out fully in conformity with the California Coastal Act.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2023-12
Page 4 of 5
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.
Section 6: The City Council finds the Project is categorically exempt under the
California Environmental Quality Act ("CEQA") pursuant to Section 15303 under Class 3
(New Construction or Conversion of Small Structures) of the California Code of
Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). Section 15302 applies
to a duplex or similar multi -family residential structure totaling no more than four dwelling
units. In this case, the Project, which consists of demolition of a restaurant and construction
of a new residential structure with two condominiums totaling approximately 3,564 square
feet, meets the criteria in Section 15303. Additionally, 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.
Resolution No. 2023-12
Page 5 of 5
Section 7: 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 14th day of February, 2023.
Pro ah [,NYom
Mayor
ATTEST:
Leilani I. Brown I (Lo-
APPROVED
Attachment(s): Exhibit A — Legal Description
Exhibit B — Coastal Land Use Plan Map Amendment
Exhibit C — Coastal Zoning District Map Amendment
Exhibit D — Setback Map S-21B Amendment
Exhibit E — Findings in Support of LCP Amendment No. LC2020-
005
EXHIBIT "A"
LEGAL DESCRIPTION
THE SOUTHEASTERLY 40 FEET OF THAT CERTAIN PROPERTY SITUATED IN THE
CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE
NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 40 FEET BEING PARALLEL TO
AND 50 FEET FROM THE SOUTHEASTERLY LINE OF LOT 1 IN BLOCK 130 OF THE
LAKE TRACT, AS PER MAP RECORDED IN BOOK 4, PAGE 13, OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID LOT 1 IN
BLOCK 130 OF LAKE TRACT, WITH THE NORTHEASTERLY LINE OF THE
SOUTHEASTERLY 25 FEET OF SAID LOT 1, THENCE SOUTHEASTERLY ALONG THE
NORTHEASTERLY LINE OF SAID SOUTHWESTERLY 25 FEET TO AN INTERSECTION
WITH A LINE NORTHEASTERLY OF, PARALLEL TO, AND 10 FEET DISTANT,
MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID LOT 1,
THENCE NORTHEASTERLY ALONG SAID LINE TO THE NORTHERLY LINE OF SAID
LOT 1, THENCE CONTINUING NORTHEASTERLY ALONG THE PROLONGATION OF
SAID LINE 58 FEET, MORE OR LESS, TO A POINT 30 FEET DISTANT, MEASURED
SOUTHWESTERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE PRESENT
MOST SOUTHERLY WYE TRACK OF THE SOUTHERN PACIFIC RAILROAD, THENCE
75' 07' 30' WEST ALONG THE LINE PARALLEL TO AND 30 FEET DISTANT
SOUTHWESTERLY FROM THE CENTER LINE OF SAID WYE TRACT 201.60 FEET,
MORE OR LESS, TO AN INTERSECTION WITH THE SOUTHEASTERLY EXTENSION
OF THE NORTHEASTERLY LINE OF BAY AVENUE (NOW COAST BOULEVARD), AS
SHOWN ON SAID MAP OF LAKE TRACT, THENCE SOUTH 52' 46' 30' WEST 15.35
FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF
THE PRESENT LOCATED CEMENT SIDEWALK, THENCE SOUTHEASTERLY ALONG
THE NORTHEASTERLY LINE OF SAID SIDEWALK 164.80 FEET TO THE POINT OF
BEGINNING.
APN: 047-071-02
Exhibit "B"
Coastal Land Use Plan Map Amendment
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Exhibit "E"
Findings in Support of LCP Amendment No. LC2020-005
A. Local Coastal Program Amendment No. LC2020-005 is consistent with applicable
land use policies of the CLUP as provided below:
1. Coastal Land Use Element Policy 2.2.5-1: Legal nonconforming structures shall
be brought into conformity in an equitable, reasonable, and timely manner as
rebuilding occurs. Limited renovations that improve the physical quality and character
of the buildings maybe allowed. Rebuilding after catastrophic damage or destruction
due to a natural event, an act of public enemy, or accident may be allowed in limited
circumstances that do not conflict with other policies and of the Coastal Land Use
Plan.
The existing building was constructed in 1902 and is considered a legal,
nonconforming development due to insufficient parking and the lack of an
accessibility ramp. The Property, which is 3,466 square feet in area, is relatively small
and unable to accommodate a reasonably sized commercial building with the
required parking to support it. As a CN-zoned property, the maximum floor area ratio
(FAR) is 0.30, which allows for a 1,040-square-foot commercial building. A
commercial use, such as a visitor -serving retail store, in a building of this size would
typically require five parking spaces (one space required per 250 square feet of gross
floor area). A new commercial building, along with the required parking and
compliance with accessibility requirements would not be suitable on the property due
to size restraints. A two -unit residential condominium that complies with all applicable
development standards, including parking, is an appropriate replacement for the
existing nonconforming restaurant.
2. Coastal Land Use Element Policy 2.3.1-5: Protect special communities and
neighborhoods which, because of their unique characteristics, are popular visitor
destination points for recreational uses.
The Project does not change the unique characteristics of the Balboa Peninsula, nor
does it deter visitors to the nearby beach. The project alleviates the nonconforming
parking of the existing restaurant, which causes public parking to be occupied by
patrons of the restaurant. Since the condominiums provide required parking, the
supply of street parking will be better utilized for visitors to the beach.
3. Coastal Land Use Element Policy 2.3.1-6: Where feasible, reserve upland areas
necessary to support coastal recreational uses for such uses;
4. Coastal Land Use Element Policy 2.4.1-2: When appropriate, accommodate
coastal -related developments within reasonable proximity to the coastal -dependent
uses they support;
5. Coastal Land Use Element Policy 2.4.1-3: Discourage re -use of properties that
result in the reduction of coastal -dependent commercial uses. Allow the re -use of
properties that assure coastal -dependent uses remain, especially in those areas with
adequate infrastructure and parcels suitable for redevelopment as an integrated
project; and
6. Coastal Land Use Element Policy 2.4.1-4: Design and site new development to
avoid impacts to existing coastal -dependent and coastal -related developments.
When reviewing proposals for land use changes, give full consideration to the impact
on coastal -dependent and coastal -related land uses including not only the proposed
change on the subject property, but also the potential to limit existing coastal -
dependent and coastal -related land uses on adjacent properties.
The Property is located approximately 450 feet from the beach. Although it is within
the general vicinity of the beach, it is not an ideal location for coastal recreational
uses (examples include passenger/sightseeing boats, boat rentals and sales,
boat/ship repair and maintenance, etc.). The Property is abutting three residential
properties to the south and is similar in size and shape to the residential lots. The
Project does not result in the reduction of coastal -dependent commercial uses since
the existing use is a restaurant.
7. Coastal Land Use Element Policy 2.3.1-7: Give priority to visitor -serving and
recreational uses in the mixed -use areas of the Balboa Peninsula, and Balboa Island.
There are numerous visitor -serving uses on the Balboa Peninsula. The Property is
relatively small and is more suitable for the proposed residential development.
Additionally, although the existing use is not for recreational use, there are many
recreational uses in other areas of Balboa Peninsula, including recreational
equipment rental stores at 2001 West Balboa Boulevard, 601 East Balboa
Boulevard, 2233 West Balboa Boulevard, 2000 West Balboa Boulevard, etc. Visitor -
serving and recreational uses are a continuing priority in the surrounding area.
8. Coastal Land Use Element Policy 2.7-1: Continue to maintain appropriate
setbacks and density, floor area, and height limits for residential development to
protect the character of established neighborhoods and to protect coastal access and
coastal resources.
The Project includes two residential condominiums, which is consistent with the
allowed density on the adjacent residential lots located to the south. The Project also
complies with development standards typical for a two -unit residential development,
including setbacks, floor area, and height limits.
9. Coastal Land Use Element Policy 2.9.3-1: Site and design new development to
avoid use of parking configurations or parking management programs that are
difficult to maintain and enforce.
The Project includes a compliant garage and carport configuration for each unit. This
parking configuration is typical for two -unit residential developments throughout the
City. The parking is directly accessed by a curb cut from Balboa Boulevard.
10. Coastal Land Use Element Policy 2.9.3-2: Continue to require new development
to provide off-street parking sufficient to serve the approved use in order to minimize
impacts to public on -street and off-street parking available for coastal access;
11. Coastal Land Use Element Policy 2.9.3-3: Require that all proposed development
maintain and enhance public access to the coast by providing adequate parking
pursuant to the off-street parking regulations of the Zoning Code in effect as of
October 13, 2005; and
12. Coastal Land Use Element Policy 2.9.3-5: Continue to require off-street parking in
new development to have adequate dimensions, clearances, and access to insure
their use.
Title 21 of the NBMC requires two parking spaces per residential unit (one in a garage
and one covered or in a garage). The Project provides one space in a garage and
one covered parking space for a total of two spaces per unit. The parking spaces are
accessible from Newport Boulevard and are dimensioned to comply with Title 20's
minimum parking standards.
B. The following facts support the amendment to the coastal land use and coastal zoning
district from Commercial Neighborhood (CN) to Two Unit Residential (RT-E) and Two -
United Residential (R-2) respectively:
1. The Property was previously zoned for residential use. Prior to the current restaurant
development, the Property was developed with an approximately 750-square-foot
single-family residence that was constructed in 1902. On November 10, 1986, the
City Council approved General Plan Amendment 86-2 (C), Local Coastal Program
Amendment No. 10, and Cannery Village Specific Area Plan Amendment No. 639,
which changed the land use and zoning designations of the Property from "Two -
Family Residential" to "Retail and Service Commercial." Subsequently, the former
residence was improved and converted to the existing commercial use.
2. The Project, which consists of two residential condominiums, is compatible with the
surrounding neighborhood. The Property is located adjacent to residential
properties which are prevalent on Balboa Peninsula. The three properties to the
east, which are located within the same block as the Property, are zoned Two -Unit
Residential (R-2). Additionally, Two -Unit Residential (R-2) properties are located
on the eastern side of Balboa Boulevard between 30th Street and 28th Street, as
well as on the western side of Balboa Boulevard from 54th Street to 27th Street.
3. Although the Project would replace a lower -cost visitor -serving restaurant with two
residential condominiums, there are numerous lower -cost restaurants located
nearby. For example, the adjacent shopping center at 3100 Newport Boulevard
includes Gina's Pizza, Chihuahua Cerveza, and Chipotle Mexican Grill. Additionally,
nearby restaurants include Mama D's at 3012 Newport Boulevard, Sessions
Sandwiches at 2823 Newport Boulevard, Avila's El Ranchito at 2800 Newport
Boulevard, Laventina's Pizza at 2819 Newport Boulevard, Ho Sum Bistro at 3112
Newport Boulevard, Hook and Anchor at 3305 Newport Boulevard Suite A, Chicken
Bun Bun at 3305 Newport Boulevard Suite E, Newport Fresh Sushi at 3305 Newport
Boulevard Suite F, Crew Coffee at 3300 Newport Boulevard, Pavilion's Grocery Store
at 3100 Balboa Boulevard, and Malarky's Irish Pub at 3011 Newport Boulevard. The
Project's replacement of the existing restaurant will not change the character of
Balboa Peninsula as a mixed -use area with commercial and residential uses.
4. The Property is one of five lots categorized as Commercial Neighborhood (CN) by
Title 21 located on 32"d Street between Balboa and Newport Boulevards.
Collectively, these Commercial Neighborhood (CN) properties total 189,562 square
feet. The Property is 3,466 square feet and represents 1.8 percent of the total lot area
of these Commercial Neighborhood (CN) properties. Additionally, Commercial
Neighborhood (CN) properties are located on the corner of Bayside Drive and
Jamboree Road and on the corner of West Coast Highway and Balboa Boulevard.
5. When considering the Project with previously certified LCPA's, the result is an
increase of land zoned for visitor serving uses. The following are amendments which
have resulted in the increase in commercial uses in the Coastal Zone:
a. LCP No. 50 - 1800 and 1806 West Balboa Boulevard (0.23 acres): Amendment
to change the Two -Unit Residential (R-2) coastal zoning designation to Retail
Service and Commercial (RSC). The property is currently developed with a
visitor -serving hotel.
b. LC2012-001 — 475 32nd Street (4.17 acres): Amendment to change the Public
Facilities (PF) coastal zoning designation to Visitor -Serving Commercial (CV-LV).
The property is currently developed with a large visitor serving hotel (Lido House
Hotel).
The following amendments have resulted in the loss of commercial uses and the
increase in residential uses in the Coastal Zone:
a. LC2002-001 — 205 Orange Street (0.06 acres): Amendment to change the RSC
coastal zoning designation to R-2. The property is currently developed with a
residential duplex.
b. LC2003-001 — 129, 131, and 133 Agate Avenue (0.18 acres): Amendment to
change the RSC designation to R-2. The properties are currently developed as
residential.
c. LC2009-001 — 2000, 2006, 2008, 2012, 2016 East Balboa Boulevard (0.62
acres): Amendment to change the Parks and Recreation (PR) coastal zoning
designation to Single -Unit Residential (R-1). The properties are currently
developed as a private tennis club.
d. LC2013-001 — 3303 Via Lido (0.4 acres): Amendment to change the Private
Institutions (PI) coastal zoning designation to Multiple Residential (RM). The
property is now currently developed with residential condominiums (Lido Villas).
These previous LCPAs result in a conversion of 4.4 acres to visitor -serving
commercial uses and a conversion of 1.26 acres to residential uses. There is not a
cumulative effect of loss of visitor -serving commercial uses within the Coastal Zone.
C. The amendment to Setback Map S-213 of Title 21 removes a front setback along the
side property line, as shown in Exhibit "D," which would result in a three-foot side
setback that is typical for residential development in the surrounding residential lots.
This would allow for fences, walls, or other accessory structures to a maximum height
of six feet in the side setback area, where the maximum height of accessory structures
in a front setback is 42 inches.
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. 2023-12 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 1411 day of February, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council
Member Robyn Grant, Council Member Lauren Kleiman, Council Member
Joe Stapleton, Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 15th day of February, 2023.
/) t 1 r n
Leilani I. Brown '
City Clerk
Newport Beach, California