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Home My WebLink About2003-37 - 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 w cl) cq LL co c- � cl) cl) c/) o c -�� 000 0 g 0-.R cq N 0 N E CU E E O� O` M -- M.Z6 Cc 0 N ov) > o r w w LU co Q Q 0) �d W < co iq co co co LL LL E 0 r Q .N '47 co .6 CNN LL 0 — 2 Z 0 co 'a o E m 16 e LU E E 3: E 0 0 J L)11 1 n City Council m -Al co >1 (D 0- 0 IL U (D U) ,/ & `q LL Ln Ln 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