HomeMy WebLinkAbout4.0_Presta Property Amendments_PA2011-179CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
December 8, 2011 Hearing
Agenda Item 4
SUBJECT: Presta Property Amendments (PA2011 -179)
2888 & 2890 Bay Shore Drive
• General Plan Amendment No. GP2011 -008
• Code Amendment No. CA2011 -011
• Local Coastal Plan Amendment No. LC2011 -004
APPLICANT: Ron E. Presta of Palmo Investments GP
PLANNER: Makana Nova, Assistant Planner
(949) 644 -3249, mnova @newportbeachca.gov
PROJECT SUMMARY
Amendments to the General Plan, Coastal Land Use Plan and Zoning Map to change
the land use designations of two properties. No changes in the existing uses or
development are proposed at this time.
2888 Bay Shore Drive (Bay Shores Apartments):
One property, the southern parcel, is located at 2888 Bay Shore Drive, and would
remain designated for multiple -unit residential development, but the allowed density
would be modified to reflect the existing 39 unit apartment complex. The following
amendments are requested:
1) General Plan Land Use designation from Multiple -Unit Residential (RM, 20 du /ac) to
Multiple -Unit Residential (RM, 39 du),
2) Coastal Land Use Plan designation from Multiple -Unit Residential (RM -C) to
Multiple -Unit Residential (RM -D), and
3) Zoning designation from Multi -Unit Residential (RM, 2178) to the Multi -Unit
Residential (RM, 39 du).
2890 Bay Shore Drive:
As to the second property, the applicant requests a land use change for the northern
parcel, located at 2890 Bay Shore Drive, from Multiple -Unit Residential to Mixed -Use
Water Related to maintain the existing commercial uses. The following amendments are
requested:
Presta Property Amendment
December 8, 2011
Page 2
1) General Plan Land Use designation from Multiple -Unit Residential (RM, 20 du /ac) to
Mixed -Use Water Related (MU -W2, 1 du),
2) Coastal Land Use Plan designation from Multiple -Unit Residential (RM -C) to Mixed -
Use Water Related (MU -W), and
3) Zoning designation from Multi -Unit Residential (RM, 2178) to the Mixed -Use Water
Related (MU -W2, 1 du).
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. — (Attachment No. PC 1) and attached Exhibits
recommending the City Council:
• Approve General Plan Amendment No. GP2011 -008;
• Approve Local Coastal Plan Amendment No. LC2011 -004; and
• Approve Code Amendment No. CA2011 -011.
VICINITY MAP
Presta Property Amendment
December 8, 2011
Page 3
2890 BAY SHORE DRIVE
Presta Property- Mixed -Use
2888 BAY SHORE DRIVE
Presta Property - Residential
CHANGES:CURRENTto PROPOSED
LOCATION:
GENERAL PLAN:
COASTAL LAND USE PLAN:
ZONING:
2888 Bay Shore Drive
RM (20 du /ac) to
RM -C to RM-13
RM (2178) to
RM (39 du)
RM (39 du)
2890 Bay Shore Drive
RM (20 dWac) to
RM -C to MU -W
RM (2178) to
MU -W2 (1 du)
MU —W2 (1 du)
SURROUNDING USES:
CG (General Commercial)
CM -A (Recreational and Marine
CG (Commercial General)
and CM (Recreational and
Commercial)
and PC -37 (Castaway's
North
Marine Commercial)
Marina Planned
RSD -B
Community)
West and South
R
(Single -Unit t Residential
(Single -Unit Residential
R -1
Detached)
Detached)
(Single -Unit Residential)
East
Newport Bay
Newport Bay
Newport Bay
Presta Property Amendment
December 8, 2011
Page 4
1► 111 its] -oil [it Rork
Proiect Settin
The properties are located on the inland side of Newport Harbor at the southeast corner
of the intersection of West Coast Highway and Bay Shore Drive. Both parcels are
designated by the Land Use Element of the General Plan, Coastal Land Use Plan, and
the Zoning Code for multiple -unit residential use. Both properties are accessible from
West Coast Highway via Bay Shores Drive, a private street.
The southern parcel at 2888 Bay Shore Drive is approximately 1.55 acres in area and is
currently developed with the Bay Shore Apartments consisting of 39 dwelling units.
The northern parcel at 2890 Bay Shore Drive is approximately 0.46 acres in area. The
parcel is developed with carports and surface parking to accommodate the adjacent
residential development, a storage unit facility, and a mixed -use building consisting of a
leasing office for Bay Shore Apartments and Swales Anchorage Marina, a marine
surveyor's office, and a caretaker's unit on the second floor. Due to the commercial
uses on the property, the property is nonconforming with the General Plan, Coastal
Land Use Plan and the Zoning Code designations.
The properties to the west and south are developed with a 528 -lot, single - family
residential tract known as the Bay Shores Community. The properties to the north,
across West Coast Highway, are currently vacant and undeveloped. A retail shopping
center, known as Mariner's Pointe, is planned at 200 West Coast Highway located at
the northwest corner of West Coast Highway and Dover Drive. Newport Harbor is to the
east and adjacent to the subject properties.
Background
On May 21, 1959, the Newport Beach Planning Commission approved Ordinance No.
635 approving Use Permit No. UP518 and Variance No. VA535 for the development of
39 dwelling units with an accessory building, office, and carports at 2888 Bay Shore
Drive (Attachment No. PC 3).
On July 15, 1959, building permits were issued that authorized the construction of a
mixed -use building consisting of an accessory office, apartment, and carports located at
2890 Bay Shore Drive. At that time, the property was in the U (Unclassified) Zoning
District.
On January 15, 1960, building permits were issued that authorized the construction of
38 dwelling units, carports, laundry, storage, and a semi - public swimming pool for the
apartment complex at 2888 Bay Shore Drive.
Presta Property Amendment
December 8, 2011
Page 5
On August 14, 1961, Ordinance No. 969 was adopted by the City Council to change the
land use designation of the subject properties from U (Unclassified) to the R -3
(Restricted Multiple Family Residential) Zoning District.
On May 29, 1990, the City Council adopted Ordinance No. 90 -24, changing the land
use of the subject properties from Restricted Multiple Family Residential (R -3) to
Multiple - Family Residential (MFR, 2178).
On June 30, 1995, Resubdivision No. 1007, which identifies the subject properties as
Parcel 1 and 2 of Parcel Map No. 94 -115, was recorded (Attachment No. PC 4).
On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76
approving a comprehensive update to the Newport Beach General Plan ( "General Plan
Update').
On November 13, 2007, the City Council adopted Resolution No. 2007 -71, approving
Coastal Land Use Plan Amendment No. LC2007 -001, making the Coastal Land Use Plan
consistent with the General Plan Update.
On January 28, 2008, the City Council adopted Ordinance No. 2008 -05, which in addition
to other Zoning Code changes, established the maximum time period for the abatement
and termination of nonconforming uses in residential districts. However, determinations of
nonconformity could not be made until the finalization of the City's Local Coastal Plan
(LCP), which occurred on July 14, 2009, and the subsequent Zoning Code Update which
became effective November 25, 2010.
On October 25, 2010, the City Council Adopted a Comprehensive Update to the Zoning
Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning
Code and the Land Use Element of the General Plan. The multiple residential zoning
designations of the subject properties were changed from Multiple - Family Residential
(MFR, 2178) to Multi -Unit Residential (RM, 2178). Upon the effective date of the
Comprehensive Update to the Zoning Code, Ordinance no. 2008 -005 became effective.
As a result of that action, existing nonconforming commercial uses located within
residential districts became subject to abatement in accordance with Ordinance No. 2008-
05.
The City has sent letters to all known uses that are subject to abatement pursuant to
Ordinance No. 2008 -05. Staff has met with and continues to meet with many of the owners
of the properties that are subject to abatement. Staff has explained to those owners the
options available to them as a result of the parcels nonconformance Remedies may
include conversion of use or development to a residential use; request for extension of the
abatement period; and /or request to amend the General Plan, the Coastal Land Use Plan,
and the Zoning Code to allow the continuation of the commercial use. In the case of the
subject application, the owner chose to pursue amendments to change the land use
designations of their properties. The application does not include a plan for development at
this time.
Presta Property Amendment
December 8, 2011
Page 6
DISCUSSION
Amendments to the General Plan Land Use Plan, the Coastal Land Use Plan, and the
Zoning Code are legislative acts. Neither City nor State Planning Law sets forth required
findings for approval or denial of such amendments. However, when making a
recommendation to the City Council, the Planning Commission should consider
applicable policies and development standards to ensure internal consistency. The
following sections analyze each property individually for consistency with the General
Plan policies and Zoning Code development standards. The subsequent sections asses
both properties together for consistency with the Coastal Land Use Plan, Charter
Section 423, and SB -18 (Tribal Consultation Guidelines).
2888 Bay Shore Drive - General Plan Amendment
The current RM (Multiple -Unit Residential) General Plan land use designation would not
change because the use currently reflects the existing apartment development on the
property. The applicant requests to amend the General Plan to reflect the density of the
existing development (39 dwelling units), which results in a density of approximately 25
du /ac. The existing General Plan designation allows 20 du /ac and may have been so
designated to incorporate both 2888 and 2890 Bayside Drive as a single building site.
The General Plan contains objectives, policies, and distributions of land use for
development in the City. The following General Plan policies are pertinent to the
proposed amendment at 2888 Bay Shore Drive:
1. LU 5.6.1 Compatible Development
"Require that buildings and properties be designed to ensure compatibility within and as interfaces
between neighborhoods, districts, and corridors."
The existing multi - family residential development provides an interface between the
more intense commercial uses along the West Coast Highway corridor and the quieter
single - family residential tract of the Bay Shores Community. The existing development
has proven compatible with existing development in the Bay Shores area since its
original development in 1960.
2. LU 6.2.1 Residential Supply
"Accommodate a diversity of residential units that meets the needs of Newport Beach's population
and fair share of regional needs in accordance with the Land Use Plan's designations, applicable
density standards, design and development policies, and the adopted Housing Element."
The proposed amendment to the General Plan would change the permitted density of
2888 Bay Shore Drive to reflect the existing development. Permitting a density that
reflects the existing development on the subject property will help the City maintain an
adequate housing supply.
Presta Property Amendment
December 8, 2011
Page 7
2888 Bay Shore Drive - Zoning Code Amendment
The stated purpose and intent of the Zoning Code is to carry out the policies of the City
of Newport Beach General Plan. Consistency between the General Plan designation
and Zoning is critical to ensure orderly development and enforcement. The main
purpose of the requested amendment is to maintain the existing multi - family residential
development as was originally approved on May 21, 1959, under Use Permit No.
UP518 and Variance No. VA535 for the construction of 39 dwelling units.
The RM Zoning District is intended to provide for areas appropriate for the multi -unit
residential developments containing attached or detached dwelling units. Existing
residential development at 2888 Bay Shore Drive would conform to the standards of the
current Multi -Unit Residential (RM) zoning district. Under the existing RM designation,
2888 Bay Shore Drive could be developed with a maximum of 31 residential dwelling
units. A total of 106 parking spaces are required per Use Permit No. UP518. Parcel Map
No. 94 -115, created an easement for parking, vehicular access, and pedestrian access
over both parcels to reserve required parking areas for 2888 Bay Shore Drive.
If amended to the Multi -Unit Residential (RM 39) zoning district, the property could be
developed with up to 39 dwelling units, which is consistent with the existing
development. Redevelopment would be subject to all applicable RM development
standards.
2890 Bay Shore Drive - General Plan Amendment
The applicant requests to amend the General Plan from a multiple -unit residential
designation to a mixed -use designation. The proposed MU -W2 land use designation is
intended to provide for marine - related uses intermixed with buildings that provide
residential on the upper floors. MU -W2 designated sites are also allowed to be
developed exclusively for non residential uses. Permitted uses include those allowed by
the CM, CV, and MU -V designations. The proposed density of residential development
on the subject property is limited to one dwelling unit, which reflects the existing
development. Table 1 summarizes the maximum density /intensity permitted under the
Mixed -Use Water Related (MU -W2) land use designation:
Table 1. Densitv /Intensity Limits for Mixed -Use Water Related (MU -W2)
MU -W2
Density/intensity
Mixed -Use Buildings
Total
1.25 maximum FAR
Nonresidential
0.35 minimum to 0.5 maximum FAR
Residential
0.75 maximum FAR (1 du)
Nonresidential Buildings
0.5 maximum FAR
Presta Property Amendment
December 8, 2011
Page 8
The General Plan contains objectives, policies, and distributions of land use for
development in the City. The following General Plan policies are pertinent to the
proposed amendment at 2890 Bay Shore Drive:
1. Policy LU 3.3 - Opportunities for Change
"Provide opportunities for improved development and enhanced environments for residents in the
following districts and corridors...
• Mariner's Mile: re -use of underperforming properties for retail, visitor - serving, and marine- related
uses, integrated with residential Coastal Land Use Plan"
The subject properties are located to the east of the Mariner's Mile corridor along West
Coast Highway and across the street from properties located within the Mariner's Mile
sub -area as designated in the land use element of the General Plan. Although the
subject properties are not located directly within the Mariner's Mile sub -area, the
parcels' orientation and location adjacent to West Coast Highway at the entry of
Mariner's Mile contribute to the overall character of the corridor.
The general purpose of the General Plan policy above is to strengthen the viability of
commercial uses around the existing commercial centers. The Mariner's Mile corridor
has been historically used and is currently developed with commercial and mixed -use
structures. The amendment will provide continued use of the ground floor for
commercial uses in furtherance of the policy. Approval of the amendment will allow the
continuation of the existing mixed -use development and it would not be subject to
abatement. Therefore, the near term possibility of creating a vacant building would be
avoided. The presence of vacant storefronts has the opposite effect of revitalization.
2. LU 3.5 Coastal- Dependent and Related Businesses
"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 existing commercial businesses located at 2890 Bay Shore Drive include storage
units, a marine surveyor's office, and a leasing office for the adjacent Bay Shore
Apartments, which includes rental facilities for the boat slips at the adjacent Swales
Anchorage Marina. The proposed amendment to Mixed -Use Water Related (MU -W2, 1
du) would provide for the continuation of existing coastal- dependant water related uses,
eliminate the existing land use nonconformities, and create opportunities for the
development of new water - related uses in close proximity to Newport Harbor.
Presta Property Amendment
December 8, 2011
Page 9
2890 Bay Shore Drive - Zoning Code Amendment
The MU -W2 zoning district applies to waterfront properties in which marine - related uses
may be intermixed with general commercial, visitor serving commercial and residential
dwelling units on the upper floors with a commercial floor area ratio (FAR) of 0.35 to 0.5
and residential density of one unit for every 1,631 to 2,167 square feet of land area
(density of 20.1 -26.7 units per acre), and residential intensity of 0.75 FAR. The
residential intensity for the 2890 Bay Shore Drive would be further limited to one (1)
dwelling unit to reflect the existing development. The existing mixed -use development
would conform to the standards of the proposed Mixed -Use Water Related (MU -W2)
zoning district with the exception of the minimum commercial FAR, which is
nonconforming because the existing commercial development is well below the
minimum 0.35 FAR requirement. The continued commercial uses would be allowed
without abatement. Future development would require conformance with applicable
development and parking standards.
Under the existing RM designation, 2890 Bay Shore Drive could be developed with a
maximum of nine (9) residential dwelling units. The main purpose of the requested
amendment is to maintain the existing mixed -use development as was originally
approved on July 15, 1959. The existing dwelling unit development limit would be
transferred to the adjacent parcel at 2888 Bay Shore Drive as part of the subject
amendments.
2888 and 2890 Bay Shore Drive - Coastal Land Use Plan Amendment
The subject property is located in the coastal zone and therefore, is subject to the
applicable goals, objectives, and policies of the Coastal Land Use Plan. This Plan is
created to govern the use of land and water in the coastal zone within the City of
Newport Beach and is in accordance with the California Coastal Act of 1976. The
subject properties have a land use designation of Multiple -Unit Residential (RM -C). The
applicant is requesting to change the current land use of 2890 Bay Shore Drive to a
Mixed -Use Water Related (MU -W) designation and to change the density of 2888 Bay
Shore Drive to Multiple -Unit Residential (RM -D), which reflects the existing density
equivalent to approximately 25 du /ac.
1. Coastal Development Policy No. 2.4.1 -2
"When appropriate, accommodate coastal- related developments within reasonable proximity to the
coastal- dependant uses they support."
The Coastal Act prioritizes land uses, and visitor - serving uses are a higher priority land
use than residential uses. The continuation of commercial uses and future
redevelopment on the subject property as permitted in the MU -W2 designation will not
conflict with the policies of the Coastal Act.
Presta Property Amendment
December 8, 2011
Page 10
2. Coastal Development Policy No.3.1.1 -1
"Protect, and where feasible, expand and enhance public access to and along the shoreline and to
beaches, coastal waters, tidelands, coastal parks, and trails."
Map 3 -1 of the Local Coastal Program, Coastal Land Use Plan does not identify any
specific opportunities for lateral or vertical coastal access at either of the subject
properties located within the Bay Shores community (Attachment No. PC 5). The
subject property does not contain any sensitive coastal resources as it is presently
improved with mixed -use and multi - family residential buildings nor located where public
access easements would be required.
Charter Section 423 (Measure S) Analysis
Pursuant to City Charter Section 423 and Council Policy A -18, an analysis must be
prepared to establish whether a proposed General Plan amendment (if approved)
requires a vote by the electorate. The proposed amendment would be combined with 80
percent of the increases in traffic, dwelling units, and non - residential floor area allowed
by previous General Plan amendments (approved within the preceding 10 years) within
the same statistical area. The following thresholds are applicable: 100 dwelling units,
100 a.m. peak hour trips, 100 p.m. peak hour trips, or 40,000 square feet of non-
residential floor area. If any of the thresholds are exceeded and the City Council
approves the requested General Plan Amendments, the amendments would be
classified as a "major amendment" and be subject to voter consideration. Approved
amendments, other than those approved by the electorate, are tracked for 10 years and
factored into the analysis of future amendments as indicated.
The properties, for which the General Plan amendment is proposed is located within
Statistical Area H4 of the General Plan Land Use Element, and would result in an
increase of 10,019 square feet of allowed non - residential floor area. Based on the trip
generation rates contained in the Council Policy A -18 (blended commercial rate), the
proposed amendment is forecast to generate an additional 30.1 a.m. peak hour trips
and 40.1 p.m. peak hour trips. There would be no total change in the number of dwelling
units with the proposed changes to the residential density.
There have been two (2) prior amendments approved within Statistical Area H4 since
the 2006 General Plan Update (GP2010 -004). The first amendment involved land use
changes for the Holiday Inn Express and the Balboa Bay Club from mixed -use
designations to the Visitor - Serving Commercial designation and did not include any
changes in density or intensity. The second amendment involved the Mariner's Pointe
retail shopping center development, which increased the allowable FAR for the project
site at 200 West Coast Highway from 0.5 to 0.68.
Table 2, summarizes the changes created by the proposed amendments with the
recommended MU -W2 (1 du) and RM (39 du) designations. The table also shows
threshold totals for the subject property. As indicated, none of the thresholds specified
Presta Property Amendment
December 8, 2011
Page 11
by Charter Section 423 would be exceeded, and therefore, a vote would not be
required. A more detailed analysis is included as Attachment No. PC 6.
The proposed GPA does not create any new dwelling units as indicated in the above
table, the proposed General Plan amendment does not exceed the non - residential floor
area threshold, and the amendment does not exceed the a.m. or p.m. peak hour vehicle
trips threshold. Therefore, a vote pursuant to Charter Section 423 would not be
required. If the proposed General Plan amendment is approved by City Council, this
amendment will become a prior amendment and 80 percent of the increases will be
tracked for 10 years.
SB18 Tribal Consultation Guidelines
Pursuant to Section 65352.3 of the California Government Code, 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. The City received comments from
the NAHC indicating that ten (10) tribe contacts should be provided notice regarding the
proposed amendment. The appropriate tribe contacts were provided notice on October
27, 2011. Section 65352.3 of the California Government Code requires 90 days prior to
Council action to allow tribe contacts to respond to the request to consult unless the
tribe contacts mutually agree to a shorter time period.
The amendment properties are located in a geographic area which was significantly
modified during the last century in order to alter channels for navigation (Newport
Harbor) and form habitable land. The Bay Shores area has previously been subject to
significant landform alteration. Due to these factors, the City has contacted the ten (10)
Table 2: Charter Section 423 AnalysisSummary:;.
;staIfstical Area H4
In owed t
Increase All
1ncreatee .in A.M, -
Increase in P.M.
Increase in
noor Area
Peak Hour Trips
�. Peak Hour Trips
Allowed Dwelling
.:,
Units.::
Proposed
GP2011 -008
0 sq. ft.
4.1
5.0
8
3888 Bay Shore Dr.
Proposed
GP2011 -008
10,019 sq. ft.
26.0
35.1
-8
3890 Bay Shore Dr.
Prior Amendments
(80 %)
GP2010 -004
0 sq. ft.
0
0
0
(PA2010 -052)
GP2010 -009
2.710 sq ft
8.14
10.84
0
PA2010 -114
TOTALS
12,729 sq. ff.
38.24
50.94
0
Section 423
80,000 sq. ft.
100
100
100
T hresholds
The proposed GPA does not create any new dwelling units as indicated in the above
table, the proposed General Plan amendment does not exceed the non - residential floor
area threshold, and the amendment does not exceed the a.m. or p.m. peak hour vehicle
trips threshold. Therefore, a vote pursuant to Charter Section 423 would not be
required. If the proposed General Plan amendment is approved by City Council, this
amendment will become a prior amendment and 80 percent of the increases will be
tracked for 10 years.
SB18 Tribal Consultation Guidelines
Pursuant to Section 65352.3 of the California Government Code, 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. The City received comments from
the NAHC indicating that ten (10) tribe contacts should be provided notice regarding the
proposed amendment. The appropriate tribe contacts were provided notice on October
27, 2011. Section 65352.3 of the California Government Code requires 90 days prior to
Council action to allow tribe contacts to respond to the request to consult unless the
tribe contacts mutually agree to a shorter time period.
The amendment properties are located in a geographic area which was significantly
modified during the last century in order to alter channels for navigation (Newport
Harbor) and form habitable land. The Bay Shores area has previously been subject to
significant landform alteration. Due to these factors, the City has contacted the ten (10)
Presta Property Amendment
December 8, 2011
Page 12
tribe contacts by telephone, email, and standard mail, but to date has not received any
responses although the review period remains open. The Planning Commission may
recommend the proposed amendment to City Council at this time. However, the City
Council may not act on the proposed amendments until the 90 -day notice period is
concluded. Given that the sites are presently developed and that no development is
proposed at this time, staff does not anticipate any conflicts or need for monitoring by
the tribes. If any requests for consultation are received from the tribes, they will be
forwarded to the City Council for consideration.
ENVIRONMENTAL REVIEW
The proposed amendments are exempt since they do not entail any significant
alteration to the subject property and will make the General Plan land use, Coastal Land
Use Plan, and Zoning District designations consistent with the present use of the
subject property. The site is presently developed and no development is proposed at
this time, which is exempt under Section 15301 of the California Environmental Quality
Act (CEQA) Guidelines — Class 1 (Existing Facilities).
SUMMARY
The applicant has requested the amendments to allow retention of the existing mixed -
use building and apartment community. The buildings were constructed in 1960 and the
apartments were authorized by Use Permit No. UP518 and Variance No. 535 that were
approved on May 21, 1959, by the Planning Commission. The uses have been in
existence for nearly 52 years and abatement at this time seems contrary to the General
Plan Policies that promote revitalization of the area. Continuation of these uses and
future development consistent with the MU -W2 (1 du) and RM (39 du) designation do
not appear to conflict with the General Plan or Coastal Land Use Plan or Coastal Act.
Staff does not foresee any adverse environmental impacts with continued use or
redevelopment. The approval of the General Plan Amendments to the MU -W2 (1 du)
and RM (39 du) designations would not necessitate a vote of the electorate, pursuant to
Section 423 of the City Charter.
ALTERNATIVES
Alternatives to proposed amendments could include disapproval of the request and
retention of the existing General Plan, Coastal Land Use Plan, and Zoning designations
of Multiple -Unit Residential. If it is the desire of the Planning Commission to disapprove
this request in its entirety, the attached resolution recommending disapproval is
provided as Attachment No. PC 2. Such an action would require abatement of the
existing nonresidential uses in accordance with the provisions of the Zoning Code,
Section 20.38.100.
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December 8, 2011
Page 13
PUBLIC NOTICE
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the properties, and was posted at the site a minimum of ten (10) days in
advance of this hearing, consistent with the Municipal Code. Additionally, the item
appeared upon the agenda for this meeting, which was posted at City Hall and on the
City website.
Prepared by: /11P bmitted by:
M kan Nova ren a Wisn sl i
Assistant Planner p ty Commu i y Development Director
ATTACHMENTS
PC 1 Draft Resolution Recommending Approval with Attached Exhibits
PC 2 Draft Resolution Denying the Amendment Requests
PC 3 Relevant Information: 2888 and 2890 Bay Shore Drive
PC 4 Parcel Map No. 94 -115
PC 5 Map 3 -1 of the Local Coastal Program, Coastal Land Use Plan
PC 6 Section 423 Analysis Table
PC 7 Site Photos
F:\ Users\ P1.N\ Sharcd \PA's\PAs- 2011\PA2011- 179\PC 12- 8- 11\PA2011 -179 PC Rpt.dmx
TmpIC 11/23/09
Attachment No. PC 1
Draft Resolution Recommending Approval
with Attachments
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO
THE CITY COUNCIL OF AMENDMENTS TO THE LAND USE
ELEMENT OF THE GENERAL PLAN, COASTAL LAND USE
PLAN AND THE ZONING CODE TO CHANGE THE LAND USE
DESIGNATION FROM MULTIPLE -UNIT RESIDENTIAL (RM) TO
MULTIPLE -UNIT RESIDENTIAL (RM, 39 DU) FOR PROPERTY
LOCATED AT 2888 BAY SHORE DRIVE; AND FROM
MULTIPLE -UNIT RESIDENTIAL (RM) TO MIXED -USE WATER
RELATED (MU -W2, 1 DU) FOR PROPERTY LOCATED AT 2890
BAY SHORE DRIVE; (PA2011 -179)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On May 21, 1959, the Newport Beach Planning Commission approved Ordinance No.
635 approving Use Permit No. UP518 and Variance No. VA535 for the development of
39 dwelling units with an accessory building, office, and carports at 2888 Bay Shore
Drive (Attachment No. PC 3).
2. On July 15, 1959, building permits were issued that authorized the construction of a
mixed -use building consisting of an accessory office, apartment, and carports located
at 2890 Bay Shore Drive. At that time, the property was in the U (Unclassified) Zoning
District.
3. On January 15, 1960, building permits were issued that authorized the construction of
38 dwelling units, carports, laundry, storage, and a semi - public swimming pool for the
apartment complex at 2888 Bay Shore Drive.
4. On August 14, 1961, Ordinance No. 969 was adopted by the City Council to change
the land use designation of the subject properties from U (Unclassified) to the R -3
(Restricted Multiple Family Residential) Zoning District.
5. On May 29, 1990, the.City Council adopted Ordinance No. 90 -24, changing the land
use of the subject properties from Restricted Multiple Family Residential (R -3) to
Multiple - Family Residential (MFR, 2178).
6, On June 30, 1995, Resubdivision No. 1007, which identifies the subject properties as
Parcel 1 and 2 of Parcel Map No. 94 -115, was recorded (Attachment No. PC 4).
7. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76
approving a comprehensive update to the Newport Beach General Plan ( "General
Plan Update ").
Planning Commission Resolution No.
Page 2 of 5
8. On November 13, 2007, the City Council adopted Resolution No. 2007 -71, approving
Coastal Land Use Plan Amendment No. LC2007 -001, making the Coastal Land Use
Plan consistent with the General Plan Update.
9. On January 28, 2008, the City Council adopted Ordinance No. 2008 -05, which in addition
to other Zoning Code changes, established the maximum time period for the abatement
and termination of nonconforming uses in residential districts. However, determinations
of nonconformity could not be made until the finalization of the City's Local Coastal Plan
(LCP), which occurred on July 14, 2009, and the subsequent Zoning Code Update which
became effective November 25, 2010.
10. On October 25, 2010, the City Council Adopted a Comprehensive Update to the Zoning
Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning
Code and the Land Use Element of the General Plan. The multiple residential zoning
designations of the subject properties were changed from Multiple - Family Residential
(MFR, 2178) to Multi -Unit Residential (RM, 2178). Upon the effective date of the
Comprehensive Update to the Zoning Code, Ordinance no. 2008 -005 became effective.
As a result of that action, existing nonconforming commercial uses located within
residential districts became subject to abatement in accordance with Ordinance No.
2008 -05.
11. An application was filed by property owner Ron E. Presta of Palmo Investments GP, with
respect to the subject property located at 2888 and 2890 Bay Shore Drive, requesting
approval of amendments to the General Plan, Coastal Land Use Plan and the Zoning
Code to change the land use.
12. The subject property is currently located within the Multi -Unit Residential (RM, 2178)
Zoning District and the General Plan Land Use Element category is Multiple -Unit
Residential Land Use (RM, 20 du /ac).
13. The recommended change of the General Plan designation of 2888 Bay Shore Drive is
from Multiple -Unit Residential (RM, 20 du /ac) to Multiple -Unit Residential (RM, 39 du).
The recommended change of the General Plan designation of 2890 Bay Shore Drive is
Multiple -Unit Residential (RM, 20 du /ac) to Mixed -Use Water Related (MU -W2, 1 du).
14. Council Policy A -18 requires that proposed General Plan amendments be reviewed to
determine if a vote of the electorate would be required. If a project (separately or
cumulatively with other projects over a 10 -year span) exceeds any one of the following
thresholds, a vote of the electorate would be required if the City Council approves the
suggested General Plan Amendment: the project generates more than 100 peak hour
trips (AM or PM), adds 40,000 square feet of non - residential floor area, or adds more
than 100 dwelling units in a statistical area.
15. This is the third General Plan Amendment that affects Statistical Area H4 since the
General Plan update in 2006. There is no change in the number of dwelling units and
the amendment results in 10,019 additional square feet of non - residential floor area.
The additional floor area results in an increase of 30.1 A.M. peak hour trips and an
increase 40.1 P.M. peak hour trips based on the commercial and residential housing
Tmplt: 04/14/10
Planning Commission Resolution No.
Page 3 of 5
trip rates reflected in Council Policy A -18. As none of the thresholds specified by
Charter Section 423 are exceeded, no vote of the electorate is required.
16. The recommended change of the Zoning District designation of 2888 Bay Shore Drive is
Multi -Unit Residential (RM, 2178) to Multi -Unit Residential (RM, 39 du). The
recommended change of the Zoning District designation of 2890 Bay Shore Drive is
Multi -Unit Residential (RM, 2178) to Mixed -Use Water Related (MU -W2, 1 du).
17. The subject property is located within the coastal zone. The Coastal Land Use Plan
category of the subject properties is Multiple -Unit Residential (RM -C).
18. The recommended change to the Coastal Land Use designation is consistent with the
recommended General Plan Amendment for 2888 Bay Shore Drive from Multiple -Unit
Residential (RM -C) to Multiple -Unit Residential (RM -D). The recommended change to
the Coastal Land Use designation is consistent with the recommended General Plan
Amendment for 2890 Bay Shore Drive from Multiple -Unit Residential (RM -C) to Mixed -
Use Water Related (MU -W). The CLUP amendments will not become effective until the
amendment to the Coastal Land Use Plan is approved by the Coastal Commission.
19. A public hearing was held on December 8, 2011, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 1 (Existing Facilities).
2. The proposed amendments are exempt since they do not entail alteration to the
subject property and are essentially bringing the General Plan land use designations,
Coastal Land Use Plan designations and Zoning districts to be consistent with the
existing use of the buildings and property involved. Therefore, this activity is not
subject to CEQA.
3. The Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages
which may be awarded to a successful challenger.
Tmpll: 04/14110
Planning Commission Resolution No.
Page 4 of 5
SECTION 3. FINDINGS.
1. Amendments to the General Plan and Coastal Land Use Plan are legislative acts.
Neither the City nor State Planning Law set forth any required findings for either
approval or denial of such amendments.
2. Code amendments are legislative acts. Neither the City Municipal Code nor State
Planning Law set forth any required findings for either approval or denial of such
amendments, unless they are determined not to be required for the public necessity
and convenience and the general welfare.
3. The amendments of the Land Use Element of the General Plan and the Coastal Land
Use Plan will provide consistency with the proposed Zoning Code amendment to
change the density of 2888 Bay Shore Drive to reflect the existing multiple -unit
residential development and change 2890 Bay Shore Drive from Multiple -Unit
Residential (RM) to Mixed -Use Water Related (MU -W2) to reflect the existing mixed -
use development.
4. The existing building and uses, and future development of the property affected by the
proposed amendments will be consistent with the goals and policies of the Land Use
Element of the General Plan and the Coastal Land Use Plan; and will be consistent
with the purpose and intent of the RM and MU -W2 zoning districts of the Newport
Beach Municipal Code,
SECTION 4. DECISION,
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of General Plan Amendment No. GP2011 -008, changing the land use
designation from Multiple -Unit Residential (RM, 20 du /ac) to Multiple -Unit Residential
(RM, 39 du); Coastal Land Use Plan Amendment LC2011 -004 changing the land use
designation from Multiple -Unit Residential (RM -C) to Multiple -Unit Residential (RM -D);
and Code Amendment No. CA2011 -011 changing the Zoning designation from Multi -
Unit Residential (RM, 2178) to Multi -Unit Residential (RM, 39 du), affecting 2888 Bay
Shore Drive, Statistical Area H4, legally described as a portion of Lot 171 in Block 54
and a portion of Block 54 of Irvine's subdivision, in the City of Newport Beach, County
of Orange, State of California, as shown on a map recorded in Book 1, Page 88 of
miscellaneous maps, records of Orange County, California.
2. The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of General Plan Amendment No. GP2011 -008, changing the land use
designation from Multiple -Unit Residential (RM, 20 du /ac) to Mixed -Use Water Related
(MU -W2, 1 du); Coastal Land Use Plan Amendment LC2011 -004 changing the land
use designation from Multiple -Unit Residential (RM -C) to Mixed -Use Water Related
(MU -W); and Code Amendment No. CA2011 -011 changing the Zoning designation
from Multi -Unit Residential (RM, 2178) to Mixed -Use Water Related (MU -W2, 1 du),
affecting 2890 Bay Shore Drive, Statistical Area H4, legally described as a portion of
Tmplt: 04/14/10
Planning Commission Resolution No,
Page 5 of 5
Lot 171 in Block 54 and a portion of Block 54 of Irvine's subdivision, in the City of
Newport Beach, County of Orange, State of California, as shown on a map recorded in
Book 1, Page 88 of miscellaneous maps, records of Orange County, California.
3. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Presta Property Amendments (PA2011 -179
including, but not limited to, General Plan Amendment No. GP2011 -008, Coastal Land
Use Plan Amendment No. LC2011 -004, and Code Amendment No. CA2011 -011. This
indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attorneys' fees, and other expenses incurred in connection with such
claim, action, causes of action, suit or proceeding whether incurred by applicant, City,
and /or the parties initiating or bringing such proceeding. The applicant shall indemnify
the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing
the indemnification provisions set forth in this condition. The applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
PASSED, APPROVED AND ADOPTED THIS 8th DAY OF DECEMBER, 2011.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Chairman
BY:
Bradley Hillgren, Secretary
Tmpit: 04/14/10
Attachment No. PC 2
Draft Resolution Denying the Amendment
Requests
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DENYING THE REQUEST TO
AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN,
COASTAL LAND USE PLAN AND THE ZONING CODE TO
CHANGE THE LAND USE DESIGNATION FROM MULTIPLE -
UNIT RESIDENTIAL (RM) TO MULTIPLE -UNIT RESIDENTIAL
(RM, 39 DU) FOR PROPERTY LOCATED AT 2888 BAY SHORE
DRIVE; AND FROM MULTIPLE -UNIT RESIDENTIAL (RM) TO
MIXED -USE WATER RELATED (MU -W2, 1 DU) FOR PROPERTY
LOCATED AT 2890 BAY SHORE DRIVE; (PA2011 -179)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On May 21, 1959, the Newport Beach Planning Commission approved Ordinance No.
635 approving Use Permit No. UP518 and Variance No. VA535 for the development of
39 dwelling units with an accessory building, office, and carports at 2888 Bay Shore
Drive (Attachment No. PC 3).
2. On July 15, 1959, building permits were issued that authorized the construction of a
mixed -use building consisting of an accessory office, apartment, and carports located
at 2890 Bay Shore Drive. At that time, the property was in the U (Unclassified) Zoning
District.
3. On January.15, 1960, building permits were issued that authorized the construction of
38 dwelling units, carports, laundry, storage, and a semi - public swimming pool for the
apartment complex at 2888 Bay Shore Drive.
4. On August 14, 1961, Ordinance No. 969 was adopted by the City Council to change
the land use designation of the subject properties from U (Unclassified) to the R -3
(Restricted Multiple Family Residential) Zoning District.
5. On May 29, 1990, the City Council adopted Ordinance No. 90 -24, changing the land
use of the subject properties from Restricted Multiple Family Residential (R -3) to
Multiple - Family Residential (MFR, 2178).
6. On June 30, 1995, Resubdivision No. 1007, which identifies the subject properties as
Parcel 1 and 2 of Parcel Map No. 94 -115, was recorded (Attachment No. PC 4),
7. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76
approving a comprehensive update to the Newport Beach General Plan ( "General
Plan Update ").
Planning Commission Resolution No.
Page 2 of 4
8. On November 13, 2007, the City Council adopted Resolution No. 2007 -71, approving
Coastal Land Use Plan Amendment No. LC2007 -001, making the Coastal Land Use
Plan consistent with the General Plan Update.
9. On January 28, 2008, the City Council adopted Ordinance No. 2008 -05, which in addition
to other Zoning Code changes, established the maximum time period for the abatement
and termination of nonconforming uses in residential districts. However, determinations
of nonconformity could not be made until the finalization of the City's Local Coastal Plan
(LCP), which occurred on July 14, 2009, and the subsequent Zoning Code Update which
became effective November 25, 2010.
10. On October 25, 2010, the City Council Adopted a Comprehensive Update to the Zoning
Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning
Code and the Land Use Element of the General Plan. The multiple residential zoning
designations of the subject properties were changed from Multiple - Family Residential
(MFR, 2178) to Multi -Unit Residential (RM, 2178). Upon the effective date of the
Comprehensive Update to the Zoning Code, Ordinance no. 2008 -005 became effective.
As a result of that action, existing nonconforming commercial uses located within
residential districts became subject to abatement in accordance with Ordinance No.
2008 -05.
11. An application was filed by property owner Ron E. Presta of Palmo Investments GP, with
respect to the subject property located at 2888 and 2890 Bay Shore Drive, requesting
approval of amendments to the General Plan, Coastal Land Use Plan and the Zoning
Code to change the land use.
12. The subject property is currently located within the Multi -Unit Residential (RM 2178)
Zoning District and the General Plan Land Use Element category is Multiple -Unit
Residential Land Use (RM 20 du /ac).
13. A public hearing was held on December 8, 2011, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA)
Guidelines, projects which a public agency rejects or disapproves are not subject to
CEQA review.
SECTION 3. FINDINGS.
1. Amendments to the General Plan and Coastal Land Use Plan are legislative acts.
Neither the City nor State Planning Law set forth any required findings for either
approval or denial of such amendments. The Planning Commission has determined
Tmplt: 04114/10
Planning Commission Resolution No.
Page 3 of 4
that in this particular case that the current General Plan and Coastal Land Use Plan
designations are appropriate and a change is not warranted.
2. Code amendments are legislative acts. Neither the City Municipal Code nor State
Planning Law set forth any required findings for either approval or denial of such
amendments, unless they are determined not to be required for the public necessity
and convenience and the general welfare. The Planning Commission has determined
that in this particular case, that the current Zoning designation is appropriate and that
a change is not necessary for the public necessity and convenience and the general
welfare.
3. The existing nonresidential uses including a marine surveyor's office, storage unit
facility, leasing office, and boat -slip rental facility are not consistent with the goals and
policies of the Land Use Element of the General Plan, the Zoning District requirements
or the Coastal Land Use Plan; and therefore will be subject to abatement in
accordance with Ordinance No. 2008 -05.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies the requests for
General Plan Amendment No. GP2011 -008, Coastal Land Use Plan Amendment
LC2011 -004, and Code Amendment No. CA2011 -011, affecting 2888 Bay Shore
Drive, Statistical Area H4, legally described as a portion of Lot 171 in Block 54 and a
portion of Block 54 of Irvine's subdivision, in the City of Newport Beach, County of
Orange, State of California, as shown on a map recorded in Book 1, Page 88 of
miscellaneous maps, records of Orange County, California.
2. The Planning Commission of the City of Newport Beach hereby denies the requests for
General Plan Amendment No. GP2011 -008, Coastal Land Use Plan Amendment
LC2011 -004, and Code Amendment No. CA2011 -011, affecting 2890 Bay Shore
Drive, Statistical Area H4, legally described as a portion of Lot 171 in Block 54 and a
portion of Block 54 of Irvine's subdivision, in the City of Newport Beach, County of
Orange, State of California, as shown on a map recorded in Book 1, Page 88 of
miscellaneous maps, records of Orange County, California.
3. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 8th DAY OF DECEMBER, 2011.
AYES:
NOES:
Tmplt: 04/14/10
Planning Commission Resolution No.
Page 4 of 4
ABSTAIN:
ABSENT:
BY:
BY:
, Chairman
Bradley Hillgren, Secretary
Tmplt: 04/14/10
Attachment No. PC 3
Relevant Information:
2888 and 2890 Bay Shore Drive
,-
�
�dl
IY ORANTFJA NOT EFFECTIVE
UNTIL'. ]$ DAYS AFTER DAME
USE PEMT APPLICATION
, '
NO.
OF GRANT.
ORD.-NO. 635 SECT. NO.
CITY OF NEWPORT BEACR
DATE=
INSTRUCTIONS: (READ CRREFULLY) THE APPLICANT OR HIS LEGAL REPRESENTATIVE MUST BE
PRESENT AL ALL PUBLIC HEARINGS. FILL OUT WS APPLICATION COMPLETELY. It MUST be
accompained by a plot plan in duplicate drawn to scale, and with correct dimensions,,
showing in detail all boundaries, existing buildings, proposed alterations and addit-
ions. The Applicant must sign the "Use Permit" within thirty (30) days after granting.
1. THE IRVINE CO. & LYMAN H. FARWELL SAYSNORES ORIVt R COAST HWY.
Applicant Address Involved
PORTION OF BLOCK 54 IRVINE SUBDIVISION - BOOK 1, P 85, MISC. MAP B._. ..'
2. LOT BLOCK SECTION TRACT ZONE G
A.M.
31 HEARING DATE ,.AY 21, 195o TI1 -0E P.M.
4. Application is hereby made for a Use Permit from Section.gl03,g to permit:4_
CONSTRUCTION or jq APARTMENT UNITS AND ACOCSOORY
on AiTACNtO PLOT PLAN
There are j sheets attached to and made a Part of this Application. I hereby
certify that the foregoing statements, maps, drawings, plans and specifications attache
od hereto are true and correct. If granted this Use Per,3it will not adversely affect
persons residing or working in the neighborhood. I further consent to any permit
issued in reliance thereon being null and void inevent they are not true and cor-
rectyOiR 1i -w-w,- tea*+- rte^. -.y -Cd 1@.� •.. -. -... � .
FOR DEPARTMENTAL USE ONLY PLANNING COIR•Ti SSION ACTION
In accord with Section A Use Permit is hereby grants the above
Applicant subject to requirements of all governmental agencies having jurisdiction and
subject to the following:
(1) Application approved subject to the use and conditions of an R -3 Zone.
(2) Parking to be in conformance with plot plan submitted with not less than
106 spaces.
ultt✓;o: r1Aew nea.,.ulg ruulisneu Newspaper
FINDINGS OF PLANHING COTOUSSION• it was determined by the Commission that the
granting of this use permit would not be detrimental to persons residing. or working
in the neighborhood and approval was recommended, subject to the above conditions.
GRANTED - By City Planning Commission GRANTED -By the City Council on the
on the pl day of May 19 59 day of - 19
Ray Y. Copeli.n, Secraitaxy
Newport Beach City Planning Commission
Margery SeFrouder, ity Jerk
Newport Beach, California
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VARIANCE APPLICATION Npt, 5370.
Ordinance No. 635
City of Neyrport,Baach DATR _____
INSTRUCTIONS: (Read Carefully) The Applicant or his legal repteeenbiCive must be
present at all public hearings. Pill out this application completely. It must
be accompanied by four copiea of a plot plan to scale, and with correct
dimensions, showing to detail all boundaries, existing buildings, proposed
alterations and additions, The Applicant must sign conditions of Variance, if
any, within thirty days after granting. Application shall be revoked if not
used within eighteen months from date of approval.
1. LIMAN H. FAR'RELL A THE IRVINE CO, BAYSHOREE DRIVE & COAST HWY,
Property Owner Only Address Involved
PORTION OF CLOCK 5110 IRVINE SUBDIVISION - BOOK 18 P 6E, M'UC' NAPe.
2. LOT BLOCK SECTION TRACT ,ZONE U
A.H.
3. DATE OF NEARING MAY 21. 1959 TIME P.M. .•:.�'
4. Application is hereby made for a Variance from Section 9105.4 to permit:
P1 HIGH ACCESSORY BV ILOINO MALL TO HAVE E04 SFTSACK AL NO COAT M V.
THERE 19 No 6ET,Aex En(INN am n(aTR1etiuo YAP 423 KOH THIS PROPERTY.
REQUEST A 5' SETBACK FOR OFFICE SUILOINO AS SHOWN ON PLOT PLAN.
5. Hardship Involved: THE REQUIRED 11 SETSACx (P.22, SECTION 9105.4) SOUL. NOT
AFFECT THE HIOHWAY, OUT WOULD PERMIT THE OWNER A 11 HIDER CRIVEWAY. IT is
x
DESIHEAOLE To HAVE A VIEW OF COATS FROM OFFICE t MENGE THE T OETBAOS.
There are sheets attached to and made a part of this Application. I hereby
certify chat thW foregoing statem..nts, maps, drawingo, plane and specifications
attached here. are true and correct. If granted this Variance will not adversely
effect persons residing or working in the neighborhood. I further consent to any
permit iesuec, to reliance thereon being nulHndFvt in the avant they are not
FOR DEPARTMENTAL USE ONLY PLANNING COMMISSION ACTION
In accord with Section 9106.31(a) -i -2 -3 a Variance is hereby the above
application subject to requirements of all governmental agencies having jurisdiction
and subject to the following: (1) Development meet comply with fire department
specifications as'cet forth in a coselunication dated May 21, 1959,
(2) Height of fence along Bayahore Drive mat be a minimum of 41 and of Canonry
DATES:
of the Sate aooroach to Eavehorea moat
agrees
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PINDINGS OF PLANNING COMMISSION: The Commission found and determined, upon reviewing
all the evidence on file and oral testimony at the hearing, that the granting of this
variance would not be detrimental to persons residing or working in the neighborhood
and recommended approval, subject to the above conditions,
That Variance be GRANTED -fit
on the 21 day of May 19 59
f�lr
Ray Y.Y. Copell Secretary
NQwpnrt Beach City Planning Commlo�.;on
GRANTED - DENIED
on the day of 19_
Margery Schrouder, City Clerk
Nowport Beach, Calit'ur.J.V
Attachment No. PC 4
Parcel Map No. 94 -115
LS SHEETS -2 PARCEL MAP "�.�;'ou�
ICE - 2.01 AC. DAiE
- 5349
F TPM7 94 -115 NO., 9 4 -1 15
OF SURVEY - FEB., 1994 BDW
IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA R,C
BEING A RESUBOIVISION OF A PORAON OF LOT Ill IN BLOCK 54 AND A P041701✓
OF BLOCK 54 OF IRNNES SUBOMSION, IN BYE CITY OF NEWPORT BEACH, COUNTY
OF ORANGE STATE OF CALIFORNIA, AS SHOW ON A IdAP RECORDED IN BOOK 1,
PACE 88 OF MISCELLANEOUS MAPS RECORDS OF ORANGE COUNTY, CALIFORNIA,
SEPTEMBER, 1994 GEORGE A. XRICA R.C.E. 26564
THIS MAP IS FOR FINANCING /CONVEYANCE PURPOSES ONLY
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4, AN AGREEMENT IN FAVOR OF THE IRVINE OOMFAW, A MICHIGAN
CORPORATION AND LYYAN H. FARWELL, CATHERINE S. FARWELL,
LYMAN O, FARWELL. NANCY FARWELL CORLEY, BARBARA FARWELL,
WINCAER, FOR INGRESS, CORE'A, DISCLOSED OY DOCUMENT RESROED
AUGUST 14, 1979 IN BOON IX66 MOE 1222. OR.
S. THE STATE OF CALIPORNIA HOLDER OF AN EASEMENT FOR PUBLIC
UTILITIES ANO HIGHWAY PURPOSES BY WCUYENT RECORDED
JANUARY T. 1980 IN BOOK 11459 CASE I65y AM DISCLOSED BY
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DATE OF SURVEY – FEB., 1994
SCALE: 1=60'
N0. 94 -115
IN THE CITY OF NEWPORT BEACH, COUNTY
OF ORANGE, STATE OF CALIFORNIA
SEPTEMBER, 1994 GEORGE A. UJRICA R.C.E. 26554
THIS MAP IS FOR FINANCING /CONVEYANCE PURPOSES ONLY
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Attachment No. PC 5
Map 3 -1 of the Local Coastal Program,
Coastal Land Use Plan
i
i
City of Newport Beach, California (West Newport Area)
Local Coastal Program
Coastal Land Use Plan
3 -38
1
Coastal Access
and Recreation:
Mao 3 -1
",1 M91
M. .
NOKrH
o�
LEGEND
FS
Public Beach Location
Public Beach Access Location
Potential Access Point
•
Coastal Zone Boundary
Lateral Access
Potential Lateral Access
-'
Vertical Access
Blufftop Access
Potential Blufftop Access
�•'
City Boundary
Proposed Park
Public Beach or Park
M. .
NOKrH
o�
Attachment No. PC 6
Section 423 Analysis Table
COD s tot land Use Plan Consistency Amendment (PA2011.179)
Charter Section 423 Analysis
Allowed Pf000ssd Total square
Addrott
Existing Oevelo Allowed Existing Traflc Land Use Proposed Proposed Tulhc Told du
p parent OP De Daily lntan Me Catenation Catenation Existing AM E,ISlinO PM Proposed GP density InlanMlyffloor Land Use Description Proposed AM Proposed PM AM Change PM Change changes footage
Area changes
-
-
PRENW6APPROVAL6
-
A.OENEML PLAN AMENDMENT NO. OP20104M
- STATISTICAL AREA
HA
1221 W Coast 114"ay
Btlbos Bay Club Resorl(Anal
MU -WI
859)
144
I57 hotel rooms
(M endmoms
WWn 487,402,0
NIA
WA
WA
MU -WI
(Anomaly 059) 8
CV(Arlanaty
877)
144
157 Wet
aeons (DU and
mans xilhln
487,40260
NIA
NoChange
No Change
0
0
0
0
2300 W Coast Nyhway
6B.B28puaze -fad W is
Sty deve5sped xilh a
64raml hotel The
Nattily Inn Express
MU-HI
N
28.314
82M- Ap.".M
(0.51AMN 82PM tips per
unit) 6 Connvaill wended
rate per Ceuxed Pty.. y A.
18 (3.0 AM 6 4.0 Pel Dips
000,
��
131.82
CV0.5
0
28.314
Oanmerval Vended
late per Counal PO:q
A -18 (30 AM S 40 PM
bills par I.00OsO
BI .B
1133
0.0
0.0
00
0
0. GENERAL PU1N AMENDMENT NO. OP20104109
• STATISTICAL AREA
N4
200 Nbat Coast Hyhway
33.038square -loot bt Is
33.03"adx9h MO
vacanl0 Wa act,
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CG 0.5
0
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1,000
4955
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s 1,0006
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10.17
13.55
0
3,387
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10.9
0,0
2,710
R GENERAL PLAN AMENDM ENT NO. OP2011 -M - STATISTICAL AREA He
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no Prosia Propedy,
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-82
10.019
2888 Bay Shore Dnve. eon 049 19 1 �30
The Prosla Properly,
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assuray l cgmp'es (J
paid; s
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60.9
_
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TOTAL FOR STATI STICAL AREA He
216.
167 how roams
CCU And! Assets
n1BM4/7.40h0
all A
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222.6
194.0
10.011
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11mml Pagesd1
Attachment No. PC 7
Site Photos
2888 Bay Shore Drive- Bay Shore Apartments and Surface Parking
2888 Bay Shore Drive - Carports for Bay Shore Apartments
2888 Bay Shore Drive -Bay Shore Apartments and Surface Parking
2888 Bay Shore Drive - Carports for Bay Shore Apartments
2890 Bay Shore Drive - Swales Anchorage Marina
2890 Bay Shore Drive - Carports for Bay Shore Apartments
iw � �v
r'
i -
2890 Bay Shore Drive - Commercial Office Tenant Spaces
2890 Bay Shore Dr -Trash Area and Carports
2890 Bay Shore Drive - Surface Parking Areas
2890 Bay Shore Drive - Tandem Surface Parking and Storage
2890 Bay Shore Drive - Surface Parking Area
2890 Bay Shore Drive - Second Floor Dwelling Unit
Planning Commission December 8, 2011
Presta Property Amendments
General Plan Amendment No. GP2011 -008
Coastal Land Use Plan Amendment No. LC2011 -004
Zoning Code Amendment No. CA2011 -011
(PA2011 -179)
t•
245237 231 115 120
Ilb
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6.
2890 Bay Shore Drive qqI
Storage Facilities and Site Parkin
le Amendment Summary
CHANGES: CURRENT to RECOMMENDED
LOCATION:
GENERAL PLAN:
COASTAL LAND
ZONING:
USE PLAN:
RM (20 du /ac) to
RM -C to RM -D
RM (2178) tc
2888 BAY SHORE DRIVE
RM (39 du)
(No change)
RM (39 DU)
RM (20 du /ac) to
RM (2178) tc
2890 BAY SHORE DRIVE
MU -W2 (1 du)
RM -C to MU -W
MU -W2 (1 DU
le Amendment Summary
The MU -W2 Zoning District:
Commercial floor area - Maximum floor area ratio (FAR) of 0.5
Mixed -Use Buildings: floor area to land ratio of 1.25; where a
minimum floor
area to land ratio of 0.25 and maximum of 0.5 shall be used for
nonresidential
purposes and maximum of 0.75 for residential. 2890 Bay Shore
Drive property limited to one dwelling unit.
Nonresidential Buildings: floor area to land area ratio of 0.5
maximum.
The RM Zoning District:
Multi - Family Residential Buildings: a density of 20.9 to 29.9 du /ac is
permitted. 2888 Bay Shore Drive property limited to 39 dwelling
units.
opme_nt Intensity