HomeMy WebLinkAbout2003-37 - 813 E. Balboa Boulevard - PA2003-099RESOLUTION NO. 2003 -37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2003 -003
AND LOCAL COASTAL PLAN AMENDMENT NO. 2003 -002, 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 and change the Local Coastal
Plan designation from Retail & Service Commercial to 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 the conclusion of said hearing, the Planning Commission adopted
Resolution No. 1605 that recommends that the City Council approve General Plan
Amendment No. 2003 -003 and Local Coastal Plan Amendment No. 2003 -002.
Section 3. A public hearing was held on July 22, 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 City Council
meeting.
Section 4. The City Council finds as follows:
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.
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. A procedure has been established to ensure adequate notice of interested
persons and agencies of impending development proposed after certification of
the LCPA. The Local Coastal Plan Land Use Plan amendment shall be
implemented in a manner fully in conformity with the Coastal Act, including
proper notification. All new development will be subject to Specific Plan (R -2)
regulations of the City.
7. Zoning measures are in place (prior to or concurrent with the proposed
amendment), which are in conformance with and adequate to carry out the
coastal policies of the Land Use Plan. The City has rezoned the site to Specific
Plan No. 8 (R -2) to be consistent.
8. City's certified Land Use Plan, including this amendment shall be implemented in
a manner fully in conformity with the Coastal Act.
9. The change of the land use designation of the subject property located at 813
East Balboa Boulevard from Retail & Service Commercial to Two Family
Residential; shall only become effective upon the approval of Local Coastal
Program Amendment No. 2003 -002 by the California Coastal Commission.
10. Pursuant to Section 13518 of the California Code of Regulations this Land Use
Plan amendment shall take effect automatically upon Coastal Commission action
unless the Coastal Commission proposes suggested modifications. In the event
that the Coastal Commission proposes revisions, this Land Use Plan amendment
shall not take effect until the City Council adopts the Commission modifications
and all the requirements of Section 13544 of the California Code of Regulations
are met.
11. It is the expectation of the City Council 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.
12. 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 "1" and "2" and Local Coastal Plan Amendment No.
2003 -002 as depicted in Attachment "2 ".
This resolution shall take effect immediately upon adoption. Passed and adopted by the
City Council of Newport Beach at a regular meeting held on the 22nd day of July, 2003
by the following vote to wit:
AYES, COUNCIL MEMBERS Heffernan, Adams, Webb, Nichols, Mayor Bromberg
NOES, COUNCIL MEMBERS None
ABSENT, COUNCIL MEMBERS Proctor, Ridgeway
ATTEST:
CITY CLERK
ATTACHMENT NO. 1
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
Commercial (in
du's)
sq.ft.)
Existing
Gen. Plan
Projected
Existing
Gen. Plan
Projected
1/1/87
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
Central Balboa
47-x4
219
359 36O
4401,41
192,195
23g,809 237,244
45,049
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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STATE OF CALIFORNIA
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
1, 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. 2003 -37 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
22nd day of July, 2003, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Adams, Webb, Nichols, Mayor Bromberg
Noes: None
Absent: Ridgeway, Proctor
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of July, 2003.
(Seal)
City Clerk
'_Newport Beach, California