HomeMy WebLinkAbout2023-11 - Approving a General Plan Amendment to Change the Land Use Category from Neighborhood Commercial (CN) to Two-Unit Residential (RT) for the Property Located at 3014 Balboa Boulevard (PA2020-060)RESOLUTION NO. 2023-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A
GENERAL PLAN AMENDMENT TO CHANGE THE LAND
USE CATEGORY FROM NEIGHBORHOOD
COMMERCIAL (CN) TO TWO UNIT RESIDENTIAL (RT)
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, 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");
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 Newport Beach Municipal Code ("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-213; and
Resolution No. 2023-11
Page 2 of 4
• Local Coastal Program Amendment ("LCPA") — An amendment to the Coastal
Land Use Plan ("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 (Local Coastal Program Implementation Plan) ("Title 21 ") of the
NBMC changing the coastal zoning district from Commercial Neighborhood (CN)
to Two -Unit Residential (R-2), and Setback Map S-213 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 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this hearing;
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; 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 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:
Resolution No. 2023-11
Page 3 of 4
Section 1: The City Council hereby approves the General Plan Amendment
changing the land use category for the Property from Neighborhood Commercial (CN) to
Two Unit Residential (RT) as depicted in Exhibit "B" and supported by the findings set forth
in Exhibit "C" which are attached hereto and incorporated herein by reference subject to
approval of Local Coastal Program Amendment No. LC2020-005 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 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: 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 4: 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. 2023-11
Page 4 of 4
Section 5: This resolution shall take effect upon approval of Local Coastal
Program Amendment No. LC2020-005 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. The City
Clerk shall certify the vote adopting this resolution.
ADOPTED this 14th day of February, 2023.
ATTEST:
101 "M
, mi, I..
''I i'r �3�m
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aa n C. Harp
City Attorney
Attachment(s): Exhibit A — Legal Description
Exhibit B — General Plan Map Amendment
Exhibit C — Findings in Support of GPA for Project PA2020-060
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"
General Plan Map Amendment
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Exhibit "C"
Findings in Support of GPA for Project PA2020-060
A. General Plan Consistency. An amendment to the 2006 Newport Beach General Plan
Land Use Element is a legislative act. Neither Title 20 (Planning and Zoning) nor
California Government Code Section 65000 et seq., set forth any required findings for
either approval or denial of such amendments. Notwithstanding the foregoing, the
GPA is consistent with the following City of Newport Beach General Plan Land Use
policies, applicable to the Project:
1. Land Use Element Policy LU 2.1(Resident-Serving Land Uses). Accommodate
uses that support the needs of Newport Beach's residents including housing, retail,
services, employment, recreation, education, culture, entertainment, civic
engagement, and social and spiritual activity that are in balance with community
natural resources and open spaces; and
2. Land Use Element Policy LU 2.3 (Range of Residential Choices). Provide
opportunities for the development of residential units that respond to community
and regional needs in terms of density, size, location, and cost. Implement goals,
policies, programs, and objectives identified within the City's Housing Element.
The Project would provide two additional housing units on a lot that is abutting
three residential lots to the south and is located nearby the public beach and
harbor.
3. Land Use Element Policy LU 5.1.1 (Compatible but Diverse Development).
Establish property development regulations for residential projects to create
compatible and high -quality development that contributes to neighborhood
character.
The Property is proposed to be designated R-2 (Two -Unit Residential) by Title 20.
The Project, as proposed, meets all development standards including floor area,
setbacks, building height, parking, and other design features required for R-2
(Two -Unit Residential) properties. The development standards ensure
compatibility with the adjacent residential development in the surrounding
neighborhood.
4. 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.
The Project complies with the required five-foot front setback, three-foot side
setbacks, and 10-foot rear setback, which is consistent with the required setbacks
of the three residential properties to the south. In addition, the Project will provide
a larger four -foot side setback abutting The Landing shopping center. The Project
will be landscaped to include palm trees as well as a variety of shrubs and vines.
Finally, screened trash areas are proposed in the side yards of each condominium
unit.
B. Tribal Consultation Finding.
Pursuant to California Government Code Section 65352.3 (SB 18), 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.
Fact in Support of Tribal Consultation Finding:
The City received comments from the NAHC indicating that nine tribal contacts should be
provided notice regarding the proposed GPA. The tribal contacts were provided notice on
January 19, 2021. 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 90-day period to respond expired on April 18, 2021. On March 3, 2021, the City
participated in a consultation with the Gabrieleno Band of Mission Indians — Kizh Nation.
C. Consistency with Charter Section 423.
Charter Section 423 requires voter approval of any major amendment to the General
Plan. A major General Plan amendment is one that significantly increases allowed
density or intensity by 40,000 square feet of nonresidential floor area, increases traffic by
more than 100 peak hour vehicle trips (AM/PM), or increases residential dwelling units by
100 units. These thresholds apply to the total of increases resulting from the amendment
itself, plus 80 percent of the increases resulting from other amendments affecting the
same neighborhood (defined as a Statistical Area as shown in the General Plan Land
Use Element) and adopted within the preceding ten years.
Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that
proposed amendments to the General Plan be reviewed to determine if a vote of the
Newport Beach electorate would be required. This policy includes a provision that all
General Plan amendments be tracked as "Prior Amendments" for 10 years to determine
if minor amendments in a single Statistical Area cumulatively exceed the thresholds
indicated above.
Fact in Support Finding of Consistency with Charter Section 423:
The proposed GPA is in Statistical Area B5. This is the eighth amendment within
Statistical Area B5 since the General Plan update in 2006. Four of the seven prior
amendments were approved less than 10 years ago and continue to be tracked
consistently with the provisions of Section 423. Those are General Plan Amendment Nos.
GP2012-005, GP2012-002, GP2016-001., and GP2020-004. The following table shows
the increases attributable to the subject amendment, prior amendments, and the resulting
totals thereby demonstrating that no vote would be required since the Project would not
meet any of the aforementioned thresholds.
Charter Section 423, Measure S Analysis for Statistical Area B-5
Amendments
Increased
Density
Increased
Intensity
Peak Hour Trip Increase
AM
PM
GP2012-005 (PA2012-146)
7
0
0
0
GP2012-002 (PA2012-031)
0
23,725
0
0
GP2016-001 (PA2016-061)
0
4,745
0
0
GP2020-004 (PA2020-068)
0
15,103
2.8
3.05
Total Prior Increases
7
43,573
2.8
3.05
80% of Prior Increases
5.6
34,858.40
2.24
2.44
100% of Proposed GPA
(PA2020-060)
2
0
0
0
Total
7.6
34,858.4
2.24
2.44
Threshold
100
40,000
100
100
Remaining
92.4
5,141.6
97.76
97.56
Vote Required?
No
No
No
No
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. 2023-11 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 14th 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 151h day of February, 2023.
C r
Leilani I. Brown
City Clerk
Newport Beach, California
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