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Home My WebLink About3315 Clay St (PA2004-066)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 5 May 6, 2004 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208 rung@city.newport-beach.ca.us SUBJECT: 3315 Clay Street Code Amendment No. 2004 -003 (PA2004 -066) INITIATED BY: City of Newport Beach ISSUE: Should the Planning Commission recommend the City Council approve an amendment to the Districting Map No. 25 to establish a 10 -foot setback along Orange Avenue for a property located at 3315 Clay Street? Staff recommends that the Planning Commission recommend approval of the amendment to the City Council by adopting the attached draft resolution. DISCUSSION: Background: On March 23, 2004, the City Council approved vacation of a portion of Orange Avenue between Old Newport Boulevard and Clay Street in order to accommodate the medical office development at 4941496 Old Newport Boulevard. The street vacation will abandon approximately 10 feet along the southerly portion of Orange Avenue. The abandonment affects two properties 4941496 Old Newport Boulevard and 3315 Clay Street, and increases the lot width 10 feet. CA2004-003 May 6, 2004 Page 2 I VICINITY MAP L. is Code Amendment No. 2004-003 (PA2004-066) Current Development: Single family residential To the north: Commercial and residential uses To the east: Residential To the south: Residential To the west: Commercial and uses including the recently approved medical office buRdin CA2004 -003 May 6, 2004 Page 3 The City Council raised a concern with regard to the placement of future development at 3315 Clay Street, which could now be located much closer to Orange Avenue. To address this concern, the City Council voted to approve the vacation with a stipulation requiring the property to maintain a 10 -foot setback from Orange Avenue as opposed to the standard 4 -foot setback. The Council directed staff to implement the setback change. The only way to implement a specific setback rather than using the standard setback identified by the Code is to place the setback on the Districting Map. On April 13, 2004, the City Council initiated the amendment. Site Overview: Located on the southwest comer of Orange Avenue and Clay Street, the subject property is a rectangular- shaped lot and is approximately 6,405 (61'x105') square feet in size. Surrounding land uses include commercial developments to the north and west and residential developments to the north, south, and east. Analysis: The General Plan Land Use designation for the property is Two Family Residential and the lot is zoned R -2 (Two Family Residential). The vacation would increase the property's lot width from 61 feet to 71 feet. The proposed amendment will establish the location of a main building 6 feet further from Orange Avenue that would otherwise be allowed with a regular 4 -foot setback as set forth in the Code. The setback area fronting Orange Avenue is defined as a side yard pursuant to the Code. However, for the purpose of implementing development standards, it would be considered as a front yard and is subject to the 3 -foot height restriction. Additionally, the setback annotated on the districting map does not affect the allowable building area because the Planning Commission has previously determined that the buildable area used for calculating permitted floor area should use the Code defined side yard of 4 feet. The following table illustrates this determination: * For siting of building only, all other regulations would apply. Existing Proposed Front setback on Clay Street 20' 20' Side yard setback 4' 4' Side yard setback on Orange Avenue 4' *10' Rear yard setback 10' 10' Buildable Area 4,725 sf. 4,725 sf. Floor area limit 2.00 9,450 sf. 9,450 sf. * For siting of building only, all other regulations would apply. CA2004 -003 May 6, 2004 Page 4 Environmental Review: This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations). Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 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. Conclusion: The proposed amendment is consistent with the Council's desire to provide an increased structure setback for this property. Staff recommends that the Planning Commission adopt the attached resolution (Attachment A). Prepared by: Submitted by: R salinh Ung, A soci to Planner Attachments: Patricia L. Temple, Planning Director A. Resolution No. B. City Council Staff Report dated April 13, 2004 C. Excerpt of Minutes dated April 13, 2004 D. Districting Map No. 25 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE CODE AMENDMENT NO. 2004 -003, FOR PROPERTY IDENTIFIED AS 3315 CLAY STREET (PA2004 -066) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS: WHEREAS, the City Council vacated a portion of Orange Avenue making the subject property 10 feet wider. In conjunction with the vacation, the City Council required that the setback on Orange Avenue be increased to 10 feet as opposed to the 4 -foot standard setback. The Council did not want any future residence on the lot to be constructed within the vacated portion of Orange Avenue. WHEREAS, the amendment was initiated by the City of Newport Beach, to amend Districting Map No. 25 to establish a 10 -foot setback along Orange Avenue for the property located at 3315 Clay Street, legally described as Lot 1, Block 6, Tract 27. WHEREAS, a public hearing was held on May 6, 2004, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, Califomia. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the General Plan Land Use designation for the property is Two Family Residential and the lot is zoned R -2 (Two Family . Residential). The proposed amendment does not impact the use of the property. WHEREAS, the proposed 10 -foot setback is appropriate considering the recent vacation of Orange Avenue. The setback in conjunction with the 10 -foot vacation does not negatively impact the buildable area and floor area. WHEREAS, the setback area fronting Orange Avenue is defined as a side yard pursuant to the Code. Nevertheless, for the purpose of implementing development standards, it would be considered as a front yard and is subject to the 3 -foot height restriction. WHEREAS, the project is categorically exempt under the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations). 0 City of Newport Beach Planning Commission Resolution No. Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach hereby recommends that the City Council approve Code Amendment No. 2004 -003 (PA- 2004 -066). PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF MAY 2004. AYES: NOES: 17-W Earl McDaniel, Chairman BY: Michael Toerge, Secretary I ATTACHMENT B STAFF REPORT DATED APRIL 13, 2004 CITY OF NEWPORT. BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 21 April 13, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Rosalinh M. Ung, Associate Planner (949) 644 -3208 rung @ city. newport-beach. ca. us SUBJECT: Initiation of an amendment to Districting Map No. 25 to establish a 10 -foot setback on Orange Avenue for a property located at 3315 Clay Street (PA2004 -066) RECOMMENDATION: Adopt Resolution No. 2004- initiating an amendment to Districting Map No. 25 to establish a 10 -foot setback along Orange Avenue for a property located at 3315 Clay Street (PA2004 -066). DISCUSSION: On March 23, 2004, the City Council considered request to vacate a portion of Orange Avenue between Old Newport Boulevard and Clay Street in order to accommodate a medical office development at 494/496 Old Newport Boulevard. The street vacation will abandon approximately 10 feet along the southerly portion of Orange Avenue. The abandonment will allow the property owners at 494/496 Old Newport Boulevard and 3315 Clay Street to gain approximately 10 feet in lot width. During the discussion, the City Council raised a concern with regard to the placement of future development at 3315 Clay Street which could be placed much closer to Orange Avenue. To address this concern, the City Council imposed a stipulation requiring the subject property to have a 10 -foot setback on Orange Avenue, allowing the vacated area to be used for the purposes of determining the buildable area, but not allowing construction within this setback area. This would be consistent with the previous determinations of the Planning Commission on the calculation of buildable area. Amendment Initiation (PA2004 -066) April 13, 2004 Page 2 of 2 Environmental Review The initiation of an amendment to land use regulations is considered a planning study and is exempt from environmental review per Section 15262 of the Guidelines for the Implementation of the California Environmental Quality Act. The possible future adoption of a change to the regulations is subject to environmental review. Public Notice Notice is not required for the initiation of zoning amendments. Prepared by: osalinh M. Ung s ssociate Planner Exhibits: 1. Initiation Resolution 2. Districting Map No. 25 Submitted by: pruli dt* kiu�4 Patricia L. Temple Planning Director 10 Exhibit 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING AN AMENDMENT TO THE DISTRICTING MAP NO. 25 TO ESTABLISH A 10 -FOOT SETBACK FOR PROPERTY LOCATED AT 3315 CLAY STREET (PA2004 -066) WHEREAS, the City Council is initiating an amendment to amend Districting Map No. 25 to establish a 10 -foot setback along Orange Avenue for a property located at 3315 Clay Street in association with the vacation of a portion of Orange Avenue between Old Newport Boulevard and Clay Street; and WHEREAS, the subject property has a side yard setback of 4 feet, is zoned R -2 (Two- Family Residential), and has a General Plan land use designation of Two Family Residential; and WHEREAS, on March 23, 2004, the City Council considered a street vacation request to vacate approximately 10 feet along the southerly portion of Orange. Avenue, between Old Newport Boulevard and Clay Street in order to accommodate the medical office development at 494/496 Old Newport Boulevard; and WHEREAS, the initiation of an amendment to land use regulations is considered a planning study and is exempt from environmental review per Section 15262 of the Guidelines for the Implementation of the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby initiates an amendment to change Districting Map No. 25 to establish a 10 -foot setback for the subject property. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on April 13, 2004, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS 10 ATTEST: CITY CLERK MAYOR Nl LL. C\! d� , i v i C\J G � j t� O\ _ e) ep lqm�io+ r all00000r aV9 C�\ g 60 OF 8 _f; 7' 0AD R--.Wow LO N W CL �W z0 o^ Vao GCU- - o O Cl) Z a Gwa � W v N �= a m J X W W 1"� Y$' w A' E e y 3 5T. 'g 3nr QA o OYO 0 ll ce 2 STATE o.R• LL. EwsEMENT Q LL N v d d Q ffi gg e��e I Q Q 0- sa cQ g fi u H ¢ bF °a� v4 &'� n a Q e7'3 aN W 1 i 8 T AWA NQIHO an v e rioitr�dns V Q Q 5 eYco �2 �fw do. lee e. `Cb X4 fa 0 N�YV Y� P a m i 80 Z rc�0- 0E 6�Y as i q . ry$x 4po X00 / FbbaC F gHUoeSP$��e� ATTACHMENT C EXCERPT OF MINUTES DATED APRIL 13, 2004 15 City of Newport Beach Regular Meeting April 13, 2004 MEETING TO CONSIDER CITY'S STATEMENT OF INVESTMENT POLICY (F -1). Assistant City Manager Kiff stated that the council policies guide the City in many administrative matters, and that the review and ugnsideration of the City's statement of investment policy is an annual Council Member Rosansky referred to Council Policy B -7 (Special Event Permit Request Processing) and stated that the sentence on page 3 that reads, "the City. Council shall authorize approval of any request for special event perihit..." should be changed to read, "the City Council may authorize — ". Additionally, in Council Policy B -8 (Bike, Foot Race and Surf Contest Policy), he'-stated that the term "geographical area" should be defined. Lastly, in `Council Policy F -3 (Budget Adoption and Administration), Council Member Rosansky stated that a clerical correction to the lettering needs to be done. Motion by Council Member Rosanskv to approve the revisions or additions to the Council Policy Manual: revisions to B -1, B -2, B -3, B -5, B -7, B -8, B -14, B -16, F -1, F -2, F -3, F -4, F -11, Fr, 13, F -14, F -16, F -19, F -22, F -23, G -6, H -1, K -1 and K -3; and addition of F- 24,,.As amended above. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, ols, Mayor Ridgeway Noes: None Abstain: None \ Absent: None \ 21. INITIATION OF AN AMENDMENT TO DISTRICTING MAP NO. 25 TO ESTABLISH A 10 -FOOT SETBACK ON ORANGE AVENUE FOR A PROPERTY LOCATED AT 3315 CLAY STREET (PA2004- 066). Motion by Council Member Webb to adopt Resolution No. 2004 -30 initiating an amendment to Districting Map No. 25 to establish a 10 -foot setback along Orange Avenue for a property located at 3315 Clay Street (PA2004 -066). The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None " .:,... _..._- '__:........_:._..._..._..........,__....-..,...._ ....... ..........._.._ °_,____�.._._._ O. ITEMS REMOVED FROM THE CONSENT CALENDAR — ._._.. - -- -� 1. MINUTES OF THE - ADJOURNED REGULAR AND REGULAR MEETING'OFMARCH 23, 2004. INDEX (100 -2004) Volume 56 - Page 830 '(0 RESOLUTION NO. 2004- 30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING AN AMENDMENT TO THE DISTRICTING MAP NO.25 TO ESTABLISH A 10 -FOOT SETBACK FOR PROPERTY LOCATED AT 3315 CLAY STREET (PA2004 -066) WHEREAS, the City Council is initiating an amendment to amend Districting Map No. 25 to establish a 10 -foot setback along Orange Avenue for a property located at 3315 Clay Street in association with the vacation of a portion of Orange Avenue between Old Newport Boulevard and Clay Street; and WHEREAS, the subject property has a side yard setback of 4 feet, is zoned R -2 (Two - Family Residential), and has a General Plan land use designation of Two Family Residential; and WHEREAS, on March 23, 2004, the City Council considered a street vacation request to vacate approximately 10 feet along the southerly portion of Orange Avenue, between Old Newport Boulevard and Clay Street in order to accommodate the medical office development at 4941496 Old Newport Boulevard; and WHEREAS, the initiation of an amendment to land use regulations is considered a planning study and is exempt from environmental review per Section 15262 of the Guidelines for the Implementation of the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby initiates an amendment to change Districting Map No. 25 to establish a 10 -foot setback for the subject property. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on April 13, 2004, by the following vote, to wit: ATTEST: 1 CITY CLERK AYES, COUNCIL MEMBERS Heffernan, Rosansky, Adams Bromberg, Webb, Nichols, Mayor Ridgeway NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2004 -30 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of April, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of April, 2004. 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