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HomeMy WebLinkAboutGPA No. 2002-002 (PA2001-186)9 CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3229 Hearing Date: Agenda Item: Staff Person: Council Review: August 8, 2002 2 Bill Cunningham (949) 644 -3200 Automatic if approved REPORT TO THE PLANNING COMMISSION PROJECT: General Plan Amendment No. 2002 -002, Local Coastal Plan Amendment No. 2002 -001, and Code Amendment No. 2002 -002 (PA2001 -186) 205 Orange Street SUMMARY: Request to change the General Plan Land Use designation from Retail & Commercial to Two - Family Residential, change the Local Coastal Plan designation from Retail & Service Commercial to Two - Family Residential, and change the zoning designation within the Newport Shores Specific Plan from Commercial to Residential, in order to replace an existing single - family dwelling with a duplex. ACTION: Adopt the attached resolution recommending that the City Council approve the requested amendments. APPLICANT: Mark Fairbanks PROPERTY OWNER: Ronald Sutherland 6307 Winona Avenue St. Louis, MO 63109 LOCATION: On the west side of Orange Street and approximately 45 feet north of West Coast Highway. LEGAL DESCRIPTION: Lot 5, Seashore Colony Tract. GENERAL PLAN: Retail & Service Commercial ZONING DISTRICT: Newport Shores Specific Plan (SP -4) - Commercial GP 2002- 002/LC 2002 - 001 /CA 2002 -002 (pAmomw) 205 Orange Street Current Development: Single - Family Residence To the north: Duplex To the east Commercial and a duplex across Orange Street To the south Commercial (Take -out restaurant and real estate office) To the west: Duplexes across an alley GP2002- 002/CA2002 -002 (PA2001 -186) August 8, 2002 Page 2 of 5 Introduction & Background A letter was received from the property owner, Ronald Sutherland, on September 26, 2001, requesting that his property be redesignated from Commercial to Residential for the purposes of constructing a new duplex to replace an older existing single - family dwelling. The Planning Commission considered the request on October 4, 2001, and the Planning Commission took action to recommend to the City Council that a General Plan Amendment, Local Coastal Plan Amendment be initiated. The City Council took action on October 23, 2001 to initiate the amendments. Proiect Overview The property is currently designated for commercial uses by the General Plan Land Use Element and the Local Coastal Plan, and has a commercial designation within the Newport Shores Specific Plan District #4. The property owner wishes to demolish the older single - family structure on the lot and construct a new duplex. However, the existing structure is a nonconforming use, and construction of a new duplex is precluded by the existing commercial land use designations. The applicant's project requires amendments to the General Plan, Local Coastal Plan and the Newport Shores Specific Plan. Analysis The property is developed with an older single - family dwelling. There is no record of the original building permit on file, but, according to the property owner, the structure dates to 1953. The property is adjacent to two - family residential structures located to the west, north and east. Properties to the south front West Coast Highway and are designated and developed for commercial uses. General Plan In order to determine the appropriateness of the request, staff considered the policies contained within the General Plan Land Use Element. Policies B and F are significant in that they relate to redevelopment of older properties and maintenance of existing residential neighborhoods. 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 in 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 upon the trip generation characteristics of land uses. " As noted above, the property is currently designated for commercial uses, and the applicant proposes to construct a new duplex to replace an older single - family structure that is a nonconforming use. The traffic and parking generation, particularly during peak hours is generally less for a two - family dwelling as opposed to a commercial use, particularly a traffic/parking intensive use such as a restaurant. Therefore, the requested amendment from commercial to two- GP2002- 002/CA2002 -002 (PA2001 -186) August 8, 2002 Page 3 of 5 family residential can be viewed as meeting the intent of Policy B. However, the change will facilitate the construction of one additional residential unit, resulting in an increase in traffic over the current generation from the existing single - family dwelling. Nevertheless, the increase in trips expected is less than 10 average daily trips (ADT), which is considered negligible and can be accommodated within the traffic network. 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... " The subject property fronts Orange Street, which is a residential street. Surrounding commercial uses front onto West Coast Highway. Unless joined with the commercial property to the south that fronts West Coast Highway, the subject property, if developed for a commercial use, would front onto Orange Street and would introduce commercial traffic and parking onto that residential street. In addition, a residential use on the lot would be consistent with the surrounding duplexes that exist to the west, north and south. Local Coastal Plan. Implementation Guideline No. 2 of the Local Coastal Program Land Use Plan states: "The City shall encourage refurbishment, remodeling and modest expansion of older, nonconforming buildings within community commercial districts by grandfathering such nonconforming use when feasible and practicable. " The subject property is an existing nonconforming single - family residence, and limited repairs and upkeep can be undertaken under that status. However, surrounding uses consist of duplexes, and the property cannot be totally reconstructed under the existing nonconforming status. A change in the land use classification can be viewed as furthering the intent and goals of the Local Coastal Plan by allowing redevelopment of the property consistent with the surrounding two - family residential uses, and would be an appropriate use for property on a residential street (Orange Street). Zoning Code The property is designated "Commercial' within the Newport Shores Specific Plan (SP -4). Staff notes there is ample neighborhood - serving and visitor - serving commercial uses within the area, and there is limited need for additional commercial in the vicinity of the subject property, particularly on a lot that is very limited in size and that fronts a local residential street. If it is determined that a General Plan Amendment and Local Coastal Plan Amendment are appropriate in accordance with the foregoing analysis, it is necessary to designate the property for "Residential Uses" within the Specific Plan District (Chapter 20.41 of the Zoning Code) in order to have consistency between the general plan and zoning. Eventual redevelopment of the property, if GP2002- 002/CA2002 -002 (PA2001 -186) August 8, 2002 Page 4 of 5 rezoned, will require that the development be consistent with the residential development regulations of the Newport Shores Specific Plan. 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 (Construction of limited numbers of new, small facilities or structures). Under this exemption, 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 single - family dwelling and is within an urbanized area, utilities are available and no significant environmental resources are on the site or are in close proximity to the site. Conclusion Staff believes the request for the General Plan Amendment, Local Coastal Plan Amendment and Code Amendment is reasonable in that it will result in a land use that is compatible with surrounding residential development; is a more appropriate use along Orange Street, a predominantly residential street; will result in less traffic and parking intensity when compared to a possible commercial use of the property, particularly along Orange Street; will result in making a nonconforming property conforming with respect to the Zoning Code; and is consistent with the policies of the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan. If the Commission concurs, the draft resolution recommending to the City Council that they approve the amendments should be considered (Exhibit No. 1). The Commission has the option to recommend to the City Council that the General Plan, Local Coastal Plan and Zoning on the property not be changed. In this case, it would be appropriate to adopt a resolution recommending that the amendments not be approved. Submitted by: PATRICIA L. TEMPLE Planning Director Exhibits 1. Resolution No. 2002 -_ Prepared by: WILLIAM CUNNINGHAM Contract Planner GP2oo2- 002/CA2002 -002 (PA2001 -186) August 8, 2002 Page 5 of 5 EXHIBIT 1 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2002 -002, LOCAL COASTAL PLAN AMENDMENT NO. 2002 -001, AND CODE AMENDMENT NO. 2002 -002, THEREBY AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN AND THE LAND USE DESIGNATION OF THE NEWPORT SHORES SPECIFIC PLAN (SP4) FOR PROPERTY IDENTIFIED AS 205 ORANGE STREET. Section 1. An application was filed by Mark Fairbanks on behalf of the property owner Ronald Sutherland with respect to property located at 205 Orange Avenue and legally described as Lot 5, Seashore Colony Tract, requesting to change the General Plan Land Use designation from Retail & Commercial to Two - Family Residential, change the Local Coastal Plan designation from Retail & Service Commercial to Two - Family Residential, and change the zoning designation within the Newport Shores Specific Plan from Commercial to Residential. Section 2. A public hearing was held on August 8, 2002 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 Conmiission at this meeting. Section 3. The Planning Commission finds as follows: 1. As part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared. The Land Use Element sets forth objectives, supporting policies and limitations for development in the City of Newport Beach, and the Land Use Element designates the general distribution and general location and extent of the uses of land and residential densities; and 2. The City's General Plan dictates that 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 implementation of the proposed project will not result in an increase in traffic and parking, and will have a less than significant impact on the projected capacity and levels of service of the circulation system. Therefore, the proposed project is consistent with this policy; and 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 undergrounding 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. The proposed project is consistent with this policy; and 4. The Local Coastal Program Land Use Plan includes implementation guidelines that encourages refurbishment, remodeling and modest expansion of older, nonconforming buildings. The proposed project will result in the elimination of a nonconforming use that is compatible with surrounding residential land uses. The change of the land use designation of the subject property to Residential within the Local Coastal Plan shall only become effective upon the approval of Local Coastal Plan No. 2002 -001 by the California Coastal Commission; and, 5. The change in the designation of the land use within the Newport Shores Specific Plan will result in consistency between the General Plan and Zoning 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; and, 6. The proposed proposed project has been determined to be Categorically Exempt under the Class 3 (New Construction or Conversion of Small Structures) requirements of the California Environmental Quality Act (CEQA), and the State CEQA Guidelines; and, Section 4. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2001 -003, Local Coastal Plan No. 2001 -001, and Code Amendment No. 2002 -002. PASSED, APPROVED AND ADOPTED THIS 8th DAY OF AUGUST, 2002. IM Steven Kiser, Chairman Shant Agajanian, Secretary AYES: NOES: ABSENT: I