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Home My WebLink About22 - Sutherland Residence (205 Orange St) - General Plan Initiation 2001-002 - PA2001-186CITY OF NEWPORT BEACH Hearing Date: October 23, 2001 ° Ito PLANNING DEPARTMENT Agenda Item: 22 = 3300 NEWPORT BOULEVARD Staff Person: Robert Kain NEWPORT BEACH, CA 92658 (949) 644 -3231 (949) 644 -3200; FAX (949) 644 -3229 Council Review: Automatic REPORT TO THE CITY COUNCIL PROJECT: Sutherland Residence (PA2001 -186) 205 Orange Street SUMMARY: Request to initiate a General Plan Amendment and Local Coastal Plan Amendment to change the designation of 205 Orange Street from Retail, Service & Commercial to Two Family Residential. ACTION: Recommend that the City Council approve General Plan Initiation No. 2001 -002. GENERAL PLAN: Retail, Service & Commercial ZONING DISTRICT: Newport Shores Specific Area Plan SP #4 - Commercial Background At the October 4, 2001, The Planning Commission approved a recommendation to initiate a General Plan Amendment. As required by City Council Policy K -1, the Planning Commission upon approval of the initiation of a General Plan Amendment must file a report of its finding and recommendations to the City Council. Attached are the minutes from the October 4, 2001 reflecting their action. The applicant made an identical request for an amendment in 1989. This amendment was initiated by the City Council, but the owner never followed through with the application. The past initiation request was declared null and void approximately 5 years ago by the Planning Director due to years of inactivity. Proposed Amendment The site is presently developed with a very small residence. The applicant desires to demolish the residence and reconstruct the residence as a duplex. Due to the fact that it is nonconforming with respect to the General Plan and Zoning, the project cannot be approved. Therefore, the property owner requests that the land use designation and the zoning designation for the property be changed from commercial to residential (Exhibit No. 1). Sutherland Residence (PA2001 -186) October 23, 2001 Page 1 Approval of this amendment will adjust the boundary between the residential and commercial district. The approval of this amendment will not create an isolated residential property within a commercial district. The implementation of this amendment will also require an amendment to the zoning designation within the Newport Shores Specific Plan. A map the Newport Shores Specific Area Plan land use map is attached as Exhibit No. 3 with the subject property highlighted. The project should qualify for a Categorical Exemption from the California Environmental Quality Act. The surrounding land uses are: North: Residential uses within the SP#4 - Residential zone South: Commercial within the SP#4 - Commercial zone. East: Both commercial and residential uses within the SP #4 — Residential and Commercial zones. West: Residential uses within the SP#4 - Residential zone. Planning Department Workload The Department continues to experience a high workload, and is operating beyond capacity in some areas. Because of the high on -going workload, the Department has retained contract project managers for some larger projects (like the subdivision code) and contract staff during periods of staff vacancies. The Department has recently filled a vacant Associate Planner position with a new employee who has now started. With the new hire, the Planning Department is at full staff with no vacancies. In the coming months, we anticipate that the workload will ease and application - processing times will improve. This minor General Plan Amendment will be handled by in -house staff within the regular caseload. Submitted by: PATRICIA L. TEMPLE Planning Director Exhibits Prepared by: ROBERT KAIN Assistan Pl er 1. Initiation Request from Mark Fairbanks representing the property owner. 2. Letter from Owner 3. Newport Shores Specific Area Plan map. 4. Draft Minutes from October 4, 2001 Planning Commission Meeting F: \Users\PL \Shued\PNs\PA2001- 186\G12001 -002 ccrytdm Sutherland Residence (PA2001 -186) October 23, 2001 Page 3 10;26 09/27/'01 ROH SUTHERLAND 314 832 9E Exhibit No. 1 »i�r•,1 : FtC{NHL.17 K. SUTI- 11cR�"AND �,<�'i� 63177 W I NONA AVSNUE ST . L-OU I S, MO 63 149 F 11 G)F 1 W s September 25, Z001 Patricia Temple City of Newport Beach 3_'00 Newport blvd. Newuur l br_aLh, CFi ''7: ?6bi1 -Ef91� Dear Patricia Temple: On Tuesday, September 16, Mr. Mari; Fairbanks, whom we have. authorized to represent the ownership of the property, met with Mr. James Gamobell to dlscusS our options conCernin6l the property mentioned below" Mr" Cama- bell suggested that 1 write to you in order to have this matter bror_tght before the City Council. We would like to r'pgl.rp_st that the City of Newport Heach (:fity Council consider our desire to have the mater plan amended and rezone our property at 20.9 nranriP !street_ Nowpnrt. Heach, Newport Shnree oubdivi- pion. The property was purchased and built as a family residence in 196.'. and has always been used b•: the family, Sometime after 1`!b} the Z0n1nU and master plan was changed to commercial. Thror..rph the years we have +ound that the natural aninq of the property phis dry rot and termites have taken their toll. Mow. imprnvement.s are nPeut.0 in order to accommodate the use of the property by the great arAndc'nilclren. We wish to either make improvements or r ".:build and would lib:e to have the property rezoned to R2. Please diavtse ua as to the step% we must take to move forward from this r,ruint. Thank you for your time and consideration of this matter, Sincerely. Ronald R. Sutherland cc James Campbell Marl: Fairbanks Exhibit No. 2 September 19, 2001 Patricia Temple City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 -8915 Dear Patricia Temple: RECEIVE, �,. PLMNIPJG _)_ ' ,ti1EN7 CITY nc nl _ ,I,—__ �•, A61 SEP 19 2C'rt lU PIM 4 On Tuesday, September 18, I met with James Campbell to discuss our options concerning the property mentioned below. He suggested that I write to you to have this matter brought before the City Council. We would like-to request that the City of Newport Beach City Council consider our desire to have the master plan amended and rezone our property at 205 Orange St. Newport Beach, Newport Shores subdivision. The property was purchased and built as a family residence in 1953 by our Grandmother and has always been used by the family. Sometime after 1953 the zoning and master plan was changed to commercial. Our family has grown, termites and dry rot have taken its toll and improvements need to be made to accommodate the great grandchildren. We wish to either make improvements or rebuild and would like to have the property rezoned to R2. Please advise us as to the steps we need to take to move forward from this point. Thank you for your time and consideration to our problem. Sincerely, Mark Fairbanks ,ems James Campbell Exhihit No. 3 I I ..�< v _ate 0 200 400 Feet VICINITY MAP a� Sutherland Residence (PA2001 -186) October 22, 2001 Page 3 Exhibit No. 4 City of Newport Beach Planning Commission Minutes October 4, 2001 SUBJECT: Sutherland Residence (PA2001 -186) 205 Orange Street • GP12001 -002 Request to initiate a General Plan Amendment and Local Coastal Plan Amendment to change the designation of 205 Orange Street from Retail, Service & Commercial to Two Family Residential Ms. Temple noted this once was previously initiated in 1989 and declared dead wood by myself about five years ago because no action had proceeded. It is a one -lot general plan request to change a portion of Newport Shores Specific Plan from a commercial designation to a two- family residential designation. This would merely adjust the boundary line between the commercial and residential districts and would not result in a residential parcel isolated within a commercial area. At Commission inquiry, she noted that the residential lots in the immediate vicinity are R -2. Public comment was opened. Janice Fairbanks, as one of the owners of the property, noted it was built as a little cottage by her grandmother. The family would now like to put a duplex on the property and because it is zoned commercial, have to have this amendment to the General Plan in order to do that. Our plans are to move forward with this project as soon as possible. Ms. Temple noted that if the related applications are not received and filed within a six -month period of the Council's concurrence with the recommendation, the applicant would have to come back and do this again. Public comment was closed. Motion was made by Commissioner Kranzley to recommend that the City Council approve General Plan Initiation No. 2001 -002. Ayes: McDaniel, Kiser, Agajanian, Tucker, Kranzley, Gifford, Selich Noes: None Absent: None ADDITIONAL BUSINESS: a) City Council Follow -up - Ms. Wood noted that at the last Council meeting of September 25th the Subdivision Code was adopted at the second reading; a recommendation from the General Plan Update Committee with regard to the date for the Vision Festival, which is the kick -off for the Visioning process, has been changed to January 12th; approved the recommendation on another General Plan Amendment Initiation for Newport Place; and. there was a discussion and direction to staff on INDEX Item No. 3 PA2001 -186 Recommended for approval Additional Business