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HomeMy WebLinkAbout04 - Adoption of Ordinances to Amend Setback Map S-1A (PA2019-216)Q �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report April 28, 2020 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: David Blumenthal, AICP, Planning Consultant dblumenthal@newportbeachca.gov PHONE: 949-644-3204 TITLE: Ordinance Nos. 2020-11 and 2020-12: Adoption of Ordinances to Amend Setback Map S -1A (PA2019-216) ABSTRACT: For City Council's consideration is the adoption of Ordinance Nos. 2020-11 and 2020-12 to amend Setback Map No. S -1A to adjust the required setbacks for property located at 6501/6503 Seashore Drive. The attached ordinances were introduced and considered at the April 14, 2020, City Council meeting. Ordinance No. 2020-11 amends Section 20.80.040 (Setback Maps) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC). Ordinance No. 2020-12 amends Section 21.80.040 (Setback Maps) of Title 21 (Local Coastal Implementation Plan) of the NBMC. Although no new development is proposed, the amendments would establish setbacks and buildable area applicable to future development of the property comparable with other properties in the vicinity. RECOMMENDATION: a) Find this project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; b) Conduct second reading and adopt Ordinance No. 2020-11, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2019-008 to Amend Setback Map S -1A - West Newport as Set Forth in Section 20.80.040 (Setback Maps) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Applicable to the Property Located at 6501/6503 Seashore Drive (PA2019-216); and c) Conduct second reading and adopt Ordinance No. 2020-12, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment No. LC2019-007 to Amend Setback Map S -1A - West Newport as Set Forth in Section 21.80.040 (Setback Maps) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Applicable to the Property Located at 6501/6503 Seashore Drive (PA2019-216). 4-1 Ordinance Nos. 2020-11 and 2020-12: Adoption of Ordinances to Amend Setback Map S -1A (PA2019-216) April 28, 2020 Page 2 FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: As a result of previously improved entitlements and changes to Setback Map No S -1A, the property located at 6501/6503 Seashore Drive has unique setback requirements that are inconsistent with the requirements applied to other properties in the area. The request would change Setback Map No S -1A to match the other properties the area. With this revision to the setback map, the resulting setbacks applicable to the property would be zero front setback from Seashore Drive; 4 -foot side setback from Walnut Street; 4 -foot side setback from the west property line; and 5 -foot rear setback from the alley. After considering all evidence, including the Planning Commission's review and public comments, the City Council voted to introduce Ordinance Nos. 2020-11 and 2020-12. Coastal Zone Should the City Council adopt the proposed ordinances, staff will submit the proposed Local Coastal Program Amendment (LCP) No. LC2019-007 to the California Coastal Commission (CCC). The changes will take effect upon the CCC approval of the LCP Amendment. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it is a minor change to the setbacks (a land use limitation). The site does not have an average slope that exceeds 20 percent and this action will not result in a change to the land use or density. Furthermore, none of the exceptions listed in CEQA Guideline Section 15300.2 apply. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Ordinance No. 2020-11 Attachment B — Ordinance No. 2020-12 4-2 ATTACHMENT A ORDINANCE NO. 2020-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT NO. CA2019-008 TO AMEND SETBACK MAP S -1A — WEST NEWPORT AS SET FORTH IN SECTION 20.80.040 (SETBACK MAPS) OF TITLE 20 (PLANNING AND ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE APPLICABLE TO THE PROPERTY LOCATED AT 6501/6503 SEASHORE DRIVE (PA2019-216) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, Pamela Dow, Trustee for the Feldman Family Administrative Trust ("Applicant") filed an application to amend Setback Map S -1A — West Newport set forth in Section 20.80.040 (Setback Maps) of the Newport Beach Municipal Code ("NBMC") ("Zoning Code Amendment No. CA2019-008") applicable to the property located at 6501/6503 Seashore Drive, Newport Beach, CA 92663 and legally described as Lot 8, Block E of Tract No. 709, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 7, Page 25 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, APN 045-092-03 ("Property"); WHEREAS, the Property's land use designation under the General Plan of the City of Newport Beach ("General Plan") is RT (Two Unit Residential) and is located within the R- 2 (Two -Unit Residential) zoning district; WHEREAS, Zoning Code Amendment No. CA2019-008 is consistent with the General Plan including Policy No. LU 3.1 to maintain Newport Beach's pattern of residential neighborhoods, business and employment districts, commercial centers, corridors, and harbor and ocean districts in that it will provide uniformity with the setback of other properties in the area; WHEREAS, Zoning Code Amendment No. CA2019-008 is consistent with other provisions of Title 20 (Planning and Zoning) of the NBMC, as it will not alter any other development standard or regulation; 4-3 Ordinance No. 2020-11 Page 2 of 4 WHEREAS, a public hearing was held by the Planning Commission on February 20, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of the NEMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2020-002 by a majority vote (6 ayes, 0 no) recommending the City Council approve Zoning Code Amendment No. CA 2019-008; and WHEREAS, a public hearing was held by the City Council on April 14, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council of the City of Newport Beach hereby approves Zoning Code Amendment No. CA2019-008, amending Setback Map No. SAA — West Newport in Section 20.80.040 (Setback Maps) of the NBMC for the residential property located at 6501/6503 Seashore Drive, as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. Section 2: An amendment to Section 21.48.040 (Setback Maps) as set forth in Title 21 (Local Coastal Program Implementation Plan) is also underway pursuant to Ordinance 2020-12 to approve LCP Amendment No. LC2019-007. Zoning Code Amendment No. CA2019-008 shall not become effective until approval of LCP Amendment No. LC2019-007 by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Ordinance No. 2020-11 Page 3 of 4 Section 4: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the introduction and adoption of Zoning Code Amendment No. CA2019-008 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 5 exemption applies to minor changes in land use limitations, such as setbacks, provided the property has an average slope that does not exceed 20 percent and the change does not result in a change to the permitted land use or density. Zoning Code Amendment No. CA2019-008 amends the setbacks on the relatively flat site; but does not change the residential use. The maximum number of dwelling units on the Property will not increase beyond the existing two units. Application of all development standards including, but not limited to, height and parking, remain the same with or without Zoning Code Amendment No. CA2019-008, thus the allowable intensity of development is not altered. Section 6: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414 and the same shall become final and effective upon the effective date of approval by the California Coastal Commission of Local Coastal Program Amendment No. LC2019-007 and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council. 4-5 Ordinance No. 2020-11 Page 4 of 4 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of April, 2020, and adopted on the 28th day of April, 2020, by the following vote, to -wit: AYES, COUNCILMEMBERS NAYS, COUNCILMEMBERS ABSENT COUNCILMEMBERS WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY Attachment(s): Exhibit A: Setback Map No. S -1A —West Newport EXHIBIT "A" Zoning Code Amendment No. CA2019-008 U '1 s 5 \ j f Q. S-1 A -West Newport Setback Map 1 4-7 ATTACHMENT B ORDINANCE NO. 2020-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-007 TO AMEND SETBACK MAP S -1A— WEST NEWPORT AS SET FORTH IN SECTION 21.80.040 (SETBACK MAPS) OF TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE APPLICABLE TO THE PROPERTY LOCATED AT 6501/6503 SEASHORE DRIVE (PA2019-216) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, Section 30500 of the California Public Resources Code requires each county and city to prepare a Local Coastal Program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("Local Coastal Program") as amended from time to time including most recently on February 12, 2019 via Resolution No. 2019-16; WHEREAS, the California Coastal Commission effectively certified the City's Local Coastal Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal Program Implementation Plan) ("Title 21 ") to the City of Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit -issuing authority on January 30, 2017; WHEREAS, Pamela Dow, Trustee for the Feldman Family Administrative Trust ("Applicant") filed an application to amend Setback Map S -1A — West Newport set forth in Section 21.80.040 (Setback Maps) of the NBMC ("LCP Amendment No. LC2019-007") applicable to the property located at 6501/6503 Seashore Drive, Newport Beach, CA 92663 and legally described as Lot 8, Block E of Tract No. 709, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 7, Page 25 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, APN 045- 092-03 ("Property"); BE Ordinance No. 2020-12 Page 2 of 5 WHEREAS, the Property is designated RT -E (Two Unit Residential) by the City of Newport Beach Local Coastal Program Coastal Land Use Plan and is located within the R-2 (Two -Unit Residential) coastal zoning district; WHEREAS, LCP Amendment No. LC2019-007 is consistent with the General Plan including Policy No. LU 3.1 to maintain Newport Beach's pattern of residential neighborhoods, business and employment districts, commercial centers, corridors, and harbor and ocean districts in that it will provide uniformity in the setbacks of other properties in the area; WHEREAS, LCP Amendment No. LC2019-007 is consistent with other provisions of Title 21 (Local Coastal Program Implementation Plan) of the NBMC, as it will not alter any other development standard or regulation; WHEREAS, a public hearing was held by the Planning Commission on February 20, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2020-003 by a majority vote (6 ayes, 0 no) recommending the City Council approve LCP Amendment No. LC2019-007; WHEREAS, a public hearing was held by the City Council on April 14, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; and WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5 ("Public Participation"), drafts of LCP Amendment No. LC2019-007 were made available and a Notice of Availability was distributed at least six (6) weeks prior to the City Council public hearing. Ordinance No. 2020-12 Page 3of5 NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council of the City of Newport Beach hereby approves Local Coast Program Amendment No. LC2019-007, amending Setback Map No. S -1A — West Newport in Section 21.80.040 (Setback Maps) of the NBMC for the residential property located at 6501/6503 Seashore Drive, as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. Section 2: Staff is authorized to submit Local Coast Program Amendment No. LC2019-007, amending Setback Map No. S -1A — West Newport in Section 21.80.040 (Setback Maps) of the NBMC for the residential property located at 6501/6503 Seashore Drive to the California Coastal Commission. Section 3: LCP Amendment No. LC2019-007 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council. Upon its effective date, LCP Amendment No. LC2019-007 shall be carried out in full conformance with the California Coastal Act of 1976 as set forth in the California Public Resources Code Section 30000 of seq. Section 4: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 5: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 4-10 Ordinance No. 2020-12 Page 4 of 5 Section 6: The City Council finds the introduction and adoption of LCP Amendment No. LC2019-007 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 5 exemption applies to minor changes in land use limitations, such as setbacks, provided the property has an average slope that does not exceed 20 percent and the change does not result in a change to the permitted land use or density. LCP Amendment No. LC2019-007 amends the setbacks on the relatively flat site; but does not change the residential use. The maximum number of dwelling units on the Property will not increase beyond the existing two units. Application of all development standards including, but not limited to, height and parking, remain the same with or without LCP Amendment No. LC2019-007, thus the allowable intensity of development is not altered. Section 7: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. Section 8: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414 and the same shall become final and effective upon the effective date of approval by the California Coastal Commission of Local Coastal Program Amendment No. LC2019-007 and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council. 4-11 Ordinance No. 2020-12 Page 5 of 5 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of April, 2020, and adopted on the 28th day of April, 2020, by the following vote, to -wit: AYES, COUNCILMEMBERS NAYS, COUNCILMEMBERS ABSENT COUNCILMEMBERS WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY Attachment(s): Exhibit A: Setback Map No. S -1A — West Newport 4-12 EXHIBIT "A" LCP Amendment No. ('A?f)19-0f)7 S-1 A -West Newport setback Map 4-13