HomeMy WebLinkAboutLegere Property (PA2003-099)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
June 19, 2003
TO: PLANNING COMMISSION
FROM: Planning Department
Gregg B. Ramirez, Associate Planner
(949) 644 -3219 gramirezC cbcity.newport- beach.ca.us
SUBJECT: Legere Property, 813 East Balboa Boulevard
General Plan Amendment No. 2003 -003, Local Coastal Program
Amendment No. 2003 -002, Code Amendment No. 2003 -006 (PA2003-
099)
Request to amend the General Plan and Local Coastal Program land use
designations from Retail and Service Commercial to Two - Family Residential
and amend the Zoning Code to change the zoning designation from Specific
Plan No. 8 (Retail and Service Commercial) to Specific Plan No 8 (R -2 —
Two Family Residential).
APPLICANT :Steven Legere, Property Owner
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the
applications to the City Council by adopting the attached draft resolution.
Legere GPA
June 19, 2003
Page 2
Vicinitv Man
813 East Balboa Boulevard
General Plan Amendment No. 2003 -003, Local Coastal Program Amendment No.
2003 -002, Code Amendment No. 2003 -005 (PA2003 -o9a►
Current
o the nprth p C —Sanitation c
Distr lt pun
* the east_ I
Legere GPA
June 19, 2003
Page 3
DISCUSSION:
Background:
The City Council took action on March 25, 2003 to initiate the requested amendments.
The subject property is located on the southerly side of East Balboa Boulevard between
Main Street and A Street. The property is a 27 -foot wide by 90 -foot deep lot (2,565
square feet), which is a standard size for residential lots in the vicinity, and has alley
access. The site is currently developed with a 2,565 square foot (approx.) single story
commercial building. No on -site parking exists. As of the writing of this staff report the
building is vacant.
Analysis
The applicant has indicated that if the change in land use designations are approved,
the lot would be developed with either a single - family dwelling or duplex. The existing
commercial building is non - conforming because it exceeds the maximum 0.5 Floor Area
Ratio (FAR) and does not provide any off - street parking spaces.
General Plan Amendment
The subject property is located within General Plan Land Use Element Statistical Area
D3 Central Balboa Area. The Central Balboa Area is designated for Retail and Service
Commercial, pure residential uses and mixed commercial /residential uses with
residential uses permitted on the second floor or above only.
The Land Use Element of the General Plan sets forth objectives, policies and limitations
for development in the City and designates the general distribution and location of land
uses and residential and commercial densities. During its review, staff found that
policies A, B, and F should be considered.
Land Use Element Policy A states:
"The City shall provide for sufficient diversity of land uses so that schools,
employment, recreation areas, public facilities, churches and neighborhood
shopping centers are in close proximity to each resident of the community."
The proposed amendment will reduce the size of the Central Balboa commercial area
that serves both visitors and residents of the area by one parcel, however, a large
number of other commercial and retail establishments, some of which are vacant, are
readily available to residents and visitors in the vicinity.
Legere GPA
June 19, 2003
Page 4
Land Use Element Policy B states:
"To insure redevelopment of older or underutilized properties, and to preserve
the value of property, the floor area limits specified on the Land Use Element
allow for some modest growth. To insure that traffic does not exceed the level of
service desired by the City, variable floor area limits shall be established based
on the trip generation characteristics of land uses. [GPA96- 1(D)]."
Traffic and parking generation is typically higher for commercial uses as opposed to
residential uses. The current General Plan designation allows one residential unit in
addition to commercial uses on the subject property. The proposed Two Family
designation would permit a maximum of two dwelling units on the subject property.
Although the amendment will allocate one additional residential unit beyond the one
permitted with mixed -use developments, trip generation rates for residential uses are
typically lower than those for general retail, commercial and mixed uses.
Land Use Element Policy F states:
`The City shall develop and maintain suitable and adequate standards for
landscaping sign control, site and building design, parking and undergrounding of
utilities and other development standards to insure that the beauty and charm of
existing residential neighborhoods is maintained, that commercial and office
projects are aesthetically pleasing and compatible with surrounding land uses and
that the appearance of, and activities conducted within, industrial developments are
also compatible with surrounding land uses and consistent with the public health,
safety and welfare."
The subject property is located on the edge of the Central Balboa commercial area,
however, residential land uses are found directly across the alley to the south and
directly abutting the property east. Should the proposed amendment and accompanying
Code Amendment be approved, residential development on the property will be subject
to the SP -8 (R -2) development regulations to ensure compatibility with the surrounding
neighborhood.
The Commission must determine whether a solely residential use is appropriate for a
property located on the edge of the Central Balboa commercial district. As mentioned,
the property abuts the Shore House Caf6 parking lot.
On the surface, noise from the parking lot (loud patrons, idling delivery trucks, etc.) may
be seen as potentially creating an undesirable condition for residential development.
However, it must be kept in mind that commercial and residential properties in close
proximity to one another are common in the Central Balboa area, and residential
properties are located directly across the alley from the Shore House Cafe. Additionally,
the restaurant use has been operating for many years and has not proven detrimental to
Legere GPA
June 19, 2003
Page 5
date. It must also be kept in mind that current development regulations allow the
property to be developed with a mixed -use (commercial /residential) project without
obtaining discretionary or legislative approval.
The Commission should also consider whether the proposed amendment should be
considered as part of the overall review of commercial districts associated with the
ongoing General Plan update process or on its own merits.
Measure S Analysis (Greenlight)
The amendments consist of a change in the land use designation from Retail & Service
Commercial to Two - Family Residential. Since the current regulations classify the
subject property as mixed use with one dwelling unit permitted, the amendments will
result in a net increase in the number of permitted residential dwelling units by one and
a decrease in commercial floor area of 1,282.5 square feet within the General Plan. The
addition of one dwelling unit will generate a minor increase in average daily vehicle trips,
which is offset by the decrease in average daily trips resulting from the decrease in
commercial square footage. Therefore, none of the three thresholds to require a vote
pursuant to Measure S (Greenlight) are exceeded. If the City Council approves the
recommended amendments, it will become a "prior amendment" that will be tracked for ten
years. During this time period, the dwelling units and traffic generated by this amendment
will be added to any future amendments or other applicable changes within this statistical
area in the General Plan land uses to determine if a threshold is exceeded and a vote is
required.
Local Coastal Plan Amendment
The subject property is located within the Central Balboa Area Area statistical area
(Central Balboa). Like the General Plan, the Local Coastal Plan designates the subject
property for Retail and Service Commercial uses with residential uses permitted on the
second floor or above only. The Local Coastal Program also allows a minimum of one
dwelling unit permitted per lot.
Coastal Act policies state that visitor serving commercial uses are a priority over
residential uses in the coastal zone and that land uses should not impact public views,
coastal access or coastal environmental resources. The existing commercial structure
on the subject property contributes to the quantity of commercial establishments in the
Central Balboa area but is non - conforming with because it exceeds the maximum
permitted Floor Area Ratio and does not provide any off - street parking. There are no
public views through or across the property that will be adversely impacted by this
amendment and eventual construction of the new residence(s). Additionally, coastal
access will not be impeded by the proposed amendment. Finally, as the lot is entirely
covered by the existing building, the property in question is void of measurable
environmental or biological resources.
Legere GPA
June 19, 2003
Page 6
Finally, please note that the due to the language of the Central Balboa (SAP) Area, a
text amendment to the Local Coastal Program is not required and the change will be
noted on the City's Local Coastal Program Land Use Map.
Zoning Code Amendment
In addition to the General Plan and Local Coastal Program amendments, the applicant
desires approval of a Code Amendment to change the zoning designation of the subject
property from Specific Plan No. 8 (RSC) to Specific Plan No. 8 (R -2).
The subject property currently has a zoning designation of Specific Plan No. 8 (Retail
and Service Commercial). Current development regulations allow mixed -use
(commercial and residential) development and uses on the subject property with one
residential unit permitted on the subject property.
The requested SP -8 (R -2) zoning designation is consistent with the proposed General
Plan and Local Coastal Program Two Family Residential land use designations if they
are approved. Additionally, the Code Amendment would be compatible with surrounding
residential zoning located across the alley to the south and the adjacent residential
property to the east. If approved, future development on the subject property would be
required to comply with all standard SP -8 (R -2) zoning district development and land
use regulations.
Existing Development Regulations
The existing Retail and Service Commercial designations (GP, LCP, Zoning Code)
allow the property to be developed with traditional retail and service commercial uses
and mixed uses with residential units permitted on the second floor or above only.
Below is a summary of notable development regulations applicable if the property were
developed re- developed.
Use
# Residential
Commercial
Residential
Parking Required
Units Permitted
Square footage
Square Footage
(FAR)-
FAR **
Commercial
0
1,282.5
0
11350 sq ft.
5/1.0
Mixed Use
1
1,282.5 square
1,923.75 square
11350 sq ft. plus 2
feet (.5)
feet (.75)
per _DU _
* Up to a 1.0 FAR is permitted with the approval of a Use Permit (1.0 = 2,565 square feet)
** Mixed -use regulations allow an additional 897.75 square feet (.35 FAR) for residential parking.
Legere GPA
June 19, 2003
Page 7
Proposed Development Regulations
The parcels, as proposed by the applicant with the associated parcel map, would be
subject to the following SP -8 (R -2) development regulations:
Lot Size:
2, 565 square feet
Front Setback:
5 feet
Sides Setbacks:
3 feet
Rear (Alley) Setback:
5 feet
Buildable Area:
1, 785 square feet
Floor Area Limit (2X
Buildable Area):
3, 570 square feet
_Height Limit
24' Flat/Mid- point/ 29' Rime
Staff believes that should the General Plan and Local Coastal Program amendments be
approved, the SP -8 (R -2) zoning designation with the standard development regulations
are appropriate for this location and would be consistent with other residential properties
within the Central Balboa Specific Plan. (See Exhibit No. 2)
Non - Conforming Building /Use
As previously mentioned, the existing commercial building is vacant and the amendments
would create a non - conformng use. Therefore, language has been added to the Draft
Resolution requiring future improvements and redevelopment of the property for
residential purposes to adhere the Specific Plan No. 8 (R -2) development regulations.
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 3
(Residential construction in an urbanized area) and Class 5 (Minor Alterations in Land Use
Limitations). Under these exemptions, up to 6 units can be constructed in an urbanized
area provided the project does not impact environmentally sensitive resources. The site is
currently developed with a commercial structure within an urbanized area, utilities are
available and no significant environmental resources are located on the site.
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.
Legere GPA
June 19, 2003
Page 8
Conclusion:
The Commission may decide that a residential land use designation is not appropriate
for the subject property given the location of the site and the loss of a commercially
designated property. Additionally, the Commission may believe that it would be more
appropriate that this matter be addressed as part of the ongoing general plan update
process. If this is the case the Commission may recommend that Council not approve
the proposed amendments. However, the Commission may find that the proposed
amendments are consistent with the objectives and policies of the General Plan Land
Use Element and that the change from commercial to residential is appropriate for this
site. Should the Commission determine that a favorable recommendation to the City
Council is appropriate, staff has included a draft Planning Commission Resolution as
Exhibit "A ".
Prepared by:
Gregg B. FCarrfirez, Associate PI ner
Exhibits:
Submitted by:
Patricia L. Temple, Plaiining Director
1. Resolution No. _; findings for recommendation of approval
2. Letter from applicant
3. Specific Plan Land Use Map (Existing)
4. General Plan Land Use Map (Existing)
EXHIBIT 1
RESOLUTION NO. ; FINDINGS FOR
RECOMMENDATION OF APPROVAL
RESOLUTION NO. _
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE
GENERAL PLAN AMENDMENT NO. 2003 -003, LOCAL COASTAL
PLAN AMENDMENT NO. 2003 -002 AND CODE AMENDMENT NO.
2003 -005 FOR PROPERTY IDENTIFIED AS 813 EAST BALBOA
BOULEVARD (PA2003 -099)
Section 1. An application was filed by Steven Legere, property owner, with
respect to property located at 813 East Balboa Boulevard and legally described as Balboa
Tract, Block 12, Lot 7, requesting to change the General Plan land use designation from
Retail & Service Commercial to Two - Family Residential, change the Local Coastal Plan
land use designation from Retail & Service Commercial to Two - Family Residential, and
change the zoning designation from Specific Plan No. 8 (Retail and Service Commercial)
to Specific Plan No 8 (R -2 — Two Family Residential).
Section 2. A public hearing was held on June 19, 2003 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the aforesaid meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting.
Section 3. The Planning Commission finds as follows:
1. The City's General Plan requires the City provide for sufficient diversity of land
uses so that schools, employment, recreation areas, public facilities, churches
and neighborhood shopping centers are in close proximity to each resident of the
community. The proposed amendment constitutes a minor reduction in size of
the Central Balboa commercial area that serves the residents of the area but
does not eliminate the entire commercial district. The remaining commercial area
is of adequate size to provide Balboa Peninsula residents, visitors and workers
with access to a variety of commercial and retail establishments.
2. The City's General Plan requires the City insure redevelopment of older or
underutilized properties and preserve the value of property by allowing for some
modest growth, while maintaining acceptable levels of traffic service. The current
General Plan designation allows one residential unit in addition to commercial
uses on the subject property. The amendments facilitate the redevelopment of a
vacant under used commercial property to a residential use. The Two Family
designation permits a maximum of two dwelling units on the subject property.
Although the amendment will allocate one additional residential unit beyond the
one permitted with mixed -use developments, trip generation rates for residential
uses are lower than those for general retail, commercial and mixed uses.
)b
Planning Commission Resolution No. _
Page 2 of 6
3, The City's General Plan indicates that the City shall maintain suitable and
adequate standards for landscaping, sign control, site and building design,
parking and under grounding of utilities to ensure that the quality and character of
residential neighborhoods are maintained and that commercial and office
projects are aesthetically pleasing and compatible with surrounding land uses.
Residential development on the property will be subject to the SP -8 (R -2)
development regulations identical to surrounding residential properties, which will
ensure compatibility with the surrounding neighborhood.
4. The General Plan and Zoning Code amendments will maintain the consistency
between the General Plan and Zoning Code land use designations and further,
will require development of the site to comply with the applicable City standards
as outlined in the Zoning Code, for building height, setbacks, and required
parking.
5. The proposed project will result in the elimination of the existing nonconforming
building. The change of the land use designation of the subject property to
Residential within the Local Coastal Plan Amendment shall only become
effective upon the approval of Local Coastal Plan No. 2003 -002 by the California
Coastal Commission.
6. It is the expectation of the Planning Commission that the re -use of the existing
non - conforming commercial building for residential purposes does not occur with
the approval of this change in land use. Redevelopment or improvements to the
property for residential purposes shall be done in accordance with the Specific
Plan No. 8 (R -2) development regulations. The maintenance of non - conformities
with re -use of the site pursuant to Specific Plan No. 8 (R -2) shall not be
permitted.
7. The proposed project has been determined to be Categorically Exempt under the
Class 3 (Residential construction in an urbanized area) and Class 5 (Minor
Alterations in Land Use Limitations) requirements of the California Environmental
Quality Act (CEQA), and the State CEQA Guidelines. Under these exemptions,
up to 6 units can be constructed in an urbanized area provided the project does
not impact environmentally sensitive resources. The site is currently developed
with a commercial structure within an urbanized area, utilities are available and
no significant environmental resources are located on the site.
Section 4. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council approve General Plan Amendment No. 2003-
003 as depicted in Attachment "A" and "B ", Local Coastal Plan Amendment No. 2003-
002 as depicted in Attachment "B" and Code Amendment No. 2003 -005 as depicted in
Attachment "C ".
\1
Planning Commission Resolution No. _
Page 3 of 6
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JUNE 2003.
BY:
Steven Kiser, Chairman
M
Patricia L. Temple, Ex- Officio Secretary
AYES:
RECUSED:
ABSENT:
1�-
Planning Commission Resolution No. _
Page 4 of 6
ATTACHMENT "A"
TO RESOLUTION NO. _
All provisions of the Land Use Element of the General Plan remain unchanged
except for the following chart:
Central Balboa Area
ESTIMATED GROWTH FOR STATISTICAL AREA D2, D3 & D4
Residential (in du's) Commercial (in sq.ft.)
Existing Gen. Plan Projected Existing Gen. Plan Projected
111187 Projection Growth 1/1/87 Projection Growth
Island Avenue
5
8
3 9,670
10,800
1,130
Library/FS
0
0
0 7,200
11,250
4,050
Bay Island Parking
0
0
0 0
0
0
Newport Harbor YC
0
0
0 17,000
20,000
3,000
NNIENNOM
IN
ffi=
1A= am
Rvilaffim
so=
Central Balboa (R)
1,924
2,372
448 0
0
0
TOTAL
2,148
2,739
591 226,065
281,859
55,794
iulation
4,253
5,423
1,170
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EXHIBIT NO. 2
LETTER FROM THE APPLICANT
11
REQUEST ZONING CHANGE TO R -2
FROM COMMERCIAL + 1 RESIDENTIAL UNIT
IF NEEDED
INITATE
1 GENERAL PLAN AMENDMENT
RSC TWO FAMILY RESIDENTIAL
2 LOCAL COSTAL PROGAM AMENDMENT
RSC TWO FAMILY RESIDENTIAL
3 ZONING CODE AMENDMENT
SPECIFIC PLAN 98 RSC - R -2
PROPERTY 813'/2 E BALBOABLVD
PROPERTY HAS LITTLE COMMERCIAL VALUE
EMPTY OR FOR RENT MOST OF THE TIME
BUILDING VERY OLD & IN NEED OF REMODEL
SET PAST TRAFIC FLOW
WOULD FIT IN BETTER AS RESIDENTIAL USE
949 574 9691
FAX 949 574 969
THANK YOU
4 -7 -03
l�
EXHIBIT NO. 3
EXISTING SPECIFIC PLAN LAND USE MAP
1�
I j City of Newport Beach
Central Balboa
Land Use Map
Specific Plan District #8
Open Space
• c
N
` W E
.•
S
200 Feet
`.
1
MRetail & Service Commercial "
IN Governmental, Educational, and Institutional Facilities
4W
S.E.F.
�N
EXHIBIT NO.4
EXISTING GENERAL PLAN LAND USE MAP
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