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Home My WebLink About3.0 - Balboa Boulevard Code Amendment - PA2015-196 CITY OF NEWPORT BEACH PLANNING COMMIISSION STAFF REPORT February 18, 2016 Agenda Item No. 3 SUBJECT: Code Amendment to Change Setback Map No. S-213 - (PA2015-196) 3008, 3010 and 3012 Balboa Boulevard Code Amendment No. CA2015-011 APPLICANT: City of Newport Beach PLANNER: Melinda Whelan, Assistant Planner (949) 644-3221, mwhelan@newportbeachca.gov PROJECT SUMMARY A Zoning Code Amendment to change the front yard setback for three properties from 20 feet to five feet, consistent with the historic front yard setback for these properties. The 5-foot setback was inadvertently left off the Setback Map in the 2010 Zoning Code update. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt the attached resolution recommending City Council adoption of Code Amendment No. CA2015-011 amending Setback Map No. S-213 (Attachment No. PC 1). 1 V� QP �P Balboa Boulevard Code Amendment Planning Commission, February 18, 2016 Page 2 VICINITY MAP J , - • ,P A J Jj J f I b ,P JO 9 ep .aM1 2 M10 A1C t j41 �e Pi s C ro' M1P GENERAL PLAN ZONING °4 LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Two-Unit Residential (RT) Two-Unit Residential (R- Single-and Two-Unit Dwellings NORTH Neighborhood Commercial The Landing Shopping Center Commercial CN Nei hborhood CN SOUTH RT R-2 Two-Unit Dwellings EAST RT R-2 Two-Unit Dwellings EWNESTA CN CN =L Sanchos Tacos Balboa Boulevard Code Amendment Planning Commission, February 18, 2016 Page 3 INTRODUCTION Project Setting The subject amendment affects three properties located on the northeast side of the Balboa Boulevard and 31St Street intersection. The properties have a diagonal rear property line that abuts the Landing Shopping Center (Pavilions). The lots are zoned Two-Unit Residential (R-2) which is intended to provide for single and two-family residential. Table 1 below provides existing information for each of the lots. Table 1 Property Description 3008 Balboa Blvd. 3010 Balboa Blvd. 3012 Balboa Blvd. Existing Use Two Units Two Units Single-Family Dwelling Approximate 3,530 sf 3,150 sf 3,796 sf Lot Size Lot Width on 25 feet 25 feet 35 feet Balboa Blvd. Existing Front 5 feet 15 feet 5 feet Setback Background & Project Description The standard front setback for properties zoned Two-Unit Residential (R-2) is 20 feet per Municipal Code Section 20.18.030 Table 2-3, unless a different distance is depicted on a setback map. In the pre-2010 Zoning Code the subject three properties were located within the Specific Plan SP-6 Cannery Village/McFadden Square (R-2) Zone which applied a five foot front setback for these properties. When the specific plan was dissolved into the standard R-2 Zone with the 2010 Zoning Code Update, these were the only properties that did not have the five foot front setback carried over on the setback map (Exhibit 1 found below under Analysis). This discrepancy was brought to staff's attention by a property owner that intends to construct a new duplex. Staff believes an amendment to the setback map is appropriate to correct the inequity. Pursuant to Section 20.66.020 of the Municipal Code, City Council initiated the code amendment on January 12, 2016. 4 Balboa Boulevard Code Amendment Planning Commission, February 18, 2016 Page 4 DISCUSSION Analysis Consistency with General Plan/Coastal Land Use Plan/Zoning The Land Use Element of the General Plan, Coastal Land Use Plan (CLUP), and Zoning Code designate the subject properties within Two-Unit Residential (R-2 per Zoning, RT per General Plan and RT-E per CLUP). These designations allow for one and two-unit dwellings. The existing development on these lots is consistent with these designations and future development will also be required to comply. The change to the setback map for these properties does not change their status of compliance with these designations. Purpose of Front Setback Front setbacks are intended to provide visibility and traffic safety as well as an open area between buildings and public right-of-ways. The Setback Maps establish varying front setbacks for lots within neighborhoods and blocks. Re-zoning of these SP-6 (R-2) properties into the R-2 Zone did not include the intent to change the setbacks. Other similar lots that were previously zoned SP-6 (R-2) that had the five foot front setback were then carried over on the S-2B Setback Map (shown in Exhibit 1 below) and on the S-2C Setback Map. The 5-foot front setback has proven adequate to meet the intent of the Code for front setbacks for the subject properties; the properties previously zoned SP-6 (R-2), as well as many other properties within the Balboa Peninsula Area. Balboa Boulevard Code Amendment Planning Commission, February 18, 2016 Page 5 Exhibit 1 Existing Setback Map 10 Pip 1 O wm \ Z' 9/ /h/ - Subject Properties 20 foot front-yard setback per SeOon 20.18.030 Similar Properties 5 fwt front-yard setback wnsistent /y wsh previously zonefl SP-6;R-2. Balboa Boulevard Code Amendment Planning Commission, February 18, 2016 Page 6 Exhibit 2 Proposed Setback Map e � - /i � y 3P J 10 S sxrr S� 5 /y1 S �5 Ems Subject Properties with reinstated Sfoot fronfyard setback o tzs zsa Feel r - - - n�w•.e Site Access The City traffic engineer reviewed the proposed amendment and determined that the 20-foot front setback is not necessary for vehicle ingress or egress purposes. Recently the City's sidewalk and landscape area in front of these properties was widened which increases the sight and distance. The City Traffic Engineer does not object to allowing these lots to maintain their previous front setback of five feet and vehicle ingress and egress will be reviewed when new development is proposed on each lot. Floor Area Limit Changes The required 20-foot front setback not only affects building placement, but also impacts buildable area and ultimately the maximum size of a single-family or two-family home. The maximum size of a home (gross floor area) that can be constructed on a lot is established by a factor of two times the buildable area of a lot. The buildable area is the lot area minus setbacks. A comparison of the existing and proposed buildable areas and resulting floor area limits of the subject lots is illustrated in Table 2 and on Exhibit 2 below. Balboa Boulevard Code Amendment Planning Commission, February 18, 2016 Page 7 Table 2 Comparison of Estimated Building Limits* 3008 3010 3012 Balboa Blvd. Balboa Blvd. Balboa Blvd. Approximate Lot Size 3,530 sf 3,150 sf 3,796 sf Required Setbacks Front 5' or 20' 5' or 20' 5' or 20' Sides 3' 3' 3' Rear 10' 1 10' 10' Buildable Area 2,349 sf 2,060 sf 2,634 sf w/ 5' front setback Buildable Area 2,061 sf 1,772 sf 2,192 sf w/ 20' front setback Maximum Gross Floor Area 4,698 sf 4,120 sf 5,268 sf w/ 5' front setback Maximum Gross Floor Area 4,122 sf 3,544 sf 4,384 sf w/ 20' front setback *There are no plans or topographic surveys on file at the City so the lot size, buildable area, and maximum gross floor area are estimates based on City measuring tools and will be verified when plans are submitted for plan check. g Balboa Boulevard Code Amendment Planning Commission, February 18, 2016 Page 8 Exhibit 3 Estimated Buildable Area �`�.. 9,L yf o, til T,? a 6 yf„ Ip Ip V 00 � ®Addtional Buildable Area with 5 Foot Front Yard Se ck \ \ - Buildable Area with 20 Foot Front Yard Setback Summary Staff believes amending the setback map to reinstate the 5-foot front setback is appropriate to correct the inequity and error from the 2010 Zoning Code update. As illustrated by the preceding analysis, the unintended change to these lots has significantly impacted their development limits. Changing the front setback would not result in a significant change to the existing development pattern of the neighborhood since two of the three homes are already developed at the 5-foot front setback and most of the dwellings that were previously zoned SP-6 (R-2) are built with 5-foot front setbacks. Alternatives The Planning Commission has the option to recommend denial of the amendment or recommend a different front setback for the subject three lots. 9 Balboa Boulevard Code Amendment Planning Commission, February 18, 2016 Page 9 Environmental Review This item is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations). The Class 5 exemption allows minor alterations in land use limitations in areas with an average slope of less than 20 percent and which do not result in any changes in land use or density. In this case, the three lots affected by the amendment have an average slope of less than 20 percent; the amendment will not change the land use category or zoning district of the affected lots; and the maximum number of dwelling units per lot will not change. Public Notice Notice of this proposed amendment was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: / Lf Z. i Melinda Whelan *na snes i, ICP, Deputy Director Assistant Planner ATTACHMENTS PC 1 Draft Resolution Recommending Approval to City Council 10 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT CODE AMENDMENT NO. CA2015- 011 TO CHANGE THE FRONT YARD SETBACK FOR THREE PROPERTIES FROM TWENTY FEET TO FIVE FEET ON BALBOA BOULEVARD (PA2015-196) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. Pursuant to Newport Beach Municipal Code ("NBMC") Section 20.66.020 the City Council initiated a code amendment on January 12, 2016, to change the front yard setback for three properties from twenty feet to five feet, consistent with the historic front yard setback for these properties. The five foot setback was inadvertently left off the Setback Map in the 2010 Zoning Code update. This amendment adds the five feet setback on Setback Map S-26 Balboa Peninsula in NBMC Section 20.80.040 for the residential properties located at 3008, 3010, and 3012 Balboa Boulevard. 2. The Planning Commission conducted a public hearing on February 18, 2016, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This code amendment is categorically exempt under Section 15305, of the California Environmental Quality Act ("CEQA") Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the lots affected by this amendment have an average slope of less than twenty percent; this amendment does not change the land use category or zoning district of the affected lots; and the maximum number of dwelling units allowed on each lot remains unchanged. SECTION 3. FINDINGS. 1. The subject properties will remain consistent with the General Plan, Coastal Land Use Plan, and Zoning Code designation of Two-Unit Residential (R-2) with the code amendment to change the front setbacks. 2. The standard front setback for properties zoned Two-Unit Residential (R-2) is twenty feet pursuant to NBMC Section 20.18.030 Table 2-3, unless a different distance is depicted on a setback map. In the pre-2010 Zoning Code the three subject properties were within the Specific Plan SP-6 (R-2) Zone which applied a five foot front yard setback for these properties. When the specific plan was dissolved into the standard R-2 Zone with the 2010 Zoning Code Update, these were the only properties that did not have the five foot 11 front setback carried over on the setback maps. This lack of five foot front setback carryover was inadvertent and this code amendment corrects the prior error. 3. Amending the setback map to reinstate the five foot front yard setback does not result in a significant change to the existing development pattern of the neighborhood since two of the three properties are built with the five foot front yard setback. Additionally, most of the properties that were previously zoned SP-6 (R-2) are also built with the five foot front yard setback. Thus, this code amendment allows the properties to maintain their existing uses and remain consistent with adjacent properties. 4. The required twenty foot front setback not only affects building placement, but also impacts buildable area and ultimately the maximum size of a single-family or two-family home on the properties. Therefore, the development limits of the subject properties have been unintentionally restrained and reinstating the five foot front setback is necessary to return property rights back to the property owners. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends approval of Code Amendment No. CA2015-011 changing the front yard setback to five feet for the three residential properties located at 3008, 3010, and 3012 Balboa Boulevard on Setback Map S-213 as set forth in Exhibit 'A" which is attached hereto and incorporated by reference. PASSED, APPROVED AND ADOPTED THIS 18`h DAY OF FEBRUARY, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 12 Planning Commission - February 18, 2016 Item No. 3a Additional Materials Received PORr Balboa Bouleva�gFtq RkM&n0Mppt (PA2015-196) y0 e� COMMUNITY DEVELOPMENT DEPARTMENT F f n 100 Civic Center Drive V )iEFj Z Newport Beach,California 92660 Gq `p. 949 644-3200<UFolk newportheachca.gov/communitydevelopment Memorandum To: Planning Commission From: Melinda Whelan Date: February 17, 2016 Re: PA2015-196 Draft Resolution Exhibit "A" Please find attached Exhibit "A" which was inadvertently left out of Attachment No. PC 1 "Draft Resolution Recommending Approval to City Council' in the Staff Report for Item No. 3 - Code Amendment to Change Setback Map No. S-213 - (PA2015-196) 3008, 3010 and 3012 Balboa Boulevard Code Amendment No. CA2015-011. Community Development Planning Commission - February 18, 2016 Item No. 3a Additional Materials Received Balboa Boulevard Code Amendment (PA2015-196) EXHIBIT "A" Planning Commission - February 18, 2016 Item No. 3a Additional Materials Received `1 B �, h1°301 6 500 ,$ J i o h p 4� 5 tr 5°0 3101 AMALAGA 6/E99 � � pf ao93n3 (P 9caP .�jJOa y2' s J 'f>`b' C{5 2 J 505 � 0-1 32ND STREET ) a o � W F U) o e e - �p3 ,6p0 I' a 2J 2°�✓ , ° 31ST ST 31ST STREET 535AM10 ' �'LF 1" 'lo � °o$ 3 30TH ST 30TH STREET 9P pq3 O {r 55h 'O '� ^ 1'�5 'b 5a 29x0 a10 426 D Igtoz o 5M1 F o O� 6 aro'�y° 5 29THST 29TH STREET 003 28TH STREET \ 5yap 2 'ys a`'e� z•'o�s°Oa ° ,� ,� 25x1° " zsfe o m!o z5� 2031 esra 100 .301 SHIPYARD WAY 33 5 >Z \ 1M1 0 M15 REET O 007 2fiTH ST ° ° ry 35ry�h050 � e3 O ,s a`` hS hM1 aha 5 p \< MM e� �°5p IGO 0 N 0 125 250 Feet 3 aYT 'L5 B T 559 p0 p P5 �i A 5�wu sTIeII , Name: S-2B IP/ November 2015 IN -� 211111IsIIw�W•-- a-•-'--M A-'-- --'---- -ff.1.29 •-- M–'— • • Balboa Boulevard Setback Code Amendment - 1 VO All I Y611mill I _ 1 I �I W I '• Planning Commission //,, �► Public Hearing \ \' February 18, 2016 , Planning Commission - February 18, 2016 ting 96) Existing vs . Proposed Existing Setback Map zB Setback Map zB °b J to so J to �S� �� -Y Z,e, ==,j Subject Properties30 /�' Seroot I201rare setback per Section front, M Similar Properties 5bot front-yard setback consisieni �5 e; �5 weh provroasi,zonW SP-(5:R-2 subject Properties with reinstated ^' Stool hoot-yard setback / p, Irr 2 IN 1.29 - ��—� -- •—� • • - a-•-'--M A-'-- --'---- - -- •-- s—'--1 • • r *i a ti 4 M I For more information contact: Melinda Whelan 949-644-3221 mwhelan@newportbeachca.gov www.newpoitbeachca.gov IN -� 211111IsIIw�W•-- a-•-'--M A-'-- --'---- -ff.1.29 •-- M–'— • Floor Area Comparison - 3008 Balboa Blvd. 3010 Balboa Blvd. 3012 Balboa Blvd. Maximum Gross Floor Area4,698 sf 4,120 sf 5,268 sf w/ 5' front setback 07/13/2012 Community Maximum Gross Floor Area w/ 20' frontsetback Difference in Gross Floor Area Development • .. . Division Planning Commission - February 18, 2016 ting 96) Setback M2C Backpockete 5 } � � g � kro _ O CO` W r U 0 125 250 N Feet (n Name S2CIO=o r26.2010 5 Planning Commission - February 18, 2016 ting 96) Historic Facts Back Pocket ■ 1986 Code Amendment to create SP - 6 Ordinance 86 -7 May 28, 1.986 (5' front yard setback implemented for these properties) 3008 — built in 1992 with 5' front setback 3010 — built 1978 with larger setback 3012 — built prior to zoning 1920s with 5' setback 07/13/2012 Community Development Department- Planning Division 6