HomeMy WebLinkAbout03 - A Code Amendment to Change the Zoning Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
February 28, 2023
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: David Lee, Associate Planner, dlee@newportbeachca.gov
PHONE: 949-644-3225
TITLE: Ordinance No. 2023-3: A Code Amendment to Change the Zoning
Designation of 3014 Balboa Boulevard from Commercial to
Residential (PA2020-060)
ABSTRACT:
For the City Council's consideration is the adoption of Ordinance No. 2023-3 to amend
Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. The amendment
changes the zoning designation for 3014 Balboa Boulevard from commercial to
residential, allowing for a new residential project. The applicant requests to demolish an
existing commercial building that is home to the restaurant "Sancho's Tacos" and to
construct a new two -unit residential condominium development. The attached ordinance
was introduced and considered at the February 14, 2023 City Council meeting.
RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA
Guidelines, because it has no potential to have a significant effect on the environment
and that the exceptions to the Class 3 exemption do not apply; and
b) Conduct second reading and adopt Ordinance No. 2023-3, An Ordinance of the City
Council of the City of Newport Beach, California, Approving an Amendment to
Title 20 of the Newport Beach Municipal Code to Change the Zoning District from
Commercial Neighborhood (CN) to Two -Unit Residential (R-2) and Amend Setback
Map S-2B to Remove a Front Setback for the Property Located at 3014 Balboa
Boulevard (PA2020-060).
DISCUSSION:
The applicant proposes to demolish the existing restaurant and construct a new, two -unit
residential structure totaling approximately 3,564 square feet. The proposed residential
development would comply with all requirements of the proposed R-2 zone and no
deviations are requested. As part of the project, the existing crosswalk, which connects the
subject property to the southwest corner of the Balboa Boulevard and 31s' Street
intersection, is required to be relocated to connect the subject property to the northwest
corner of the intersection.
3-1
Ordinance No. 2023-3: A Code Amendment to Change the Zoning Designation of
3014 Balboa Boulevard from Commercial to Residential (PA2020-060)
February 28, 2023
Page 2
On February 14, 2023, the City Council conducted a noticed public hearing on the
proposed project, which included a General Plan Amendment (GPA), Local Coastal
Program Amendment (LCPA), and Zoning Code Amendment (CA). During the public
hearing, two members of the public spoke. One member expressed concern about the
relocated crosswalk. The other member commented that the legal description appeared
to be incomplete. The City Council directed staff to correct the error to the legal
description, if necessary. The City Council adopted Resolution Nos. 2023-11 for the LCPA
and 2023-12 for the GPA. Additionally, the City Council introduced Ordinance
No. 2023-3 with no further changes.
Following the actions of the City Council, staff discovered that the legal description,
attached as "Exhibit A" to the ordinance, was incorrect due to a scrivener's error from the
Preliminary Title Report. A revised legal description has been attached to the ordinance.
The LCPA will not become effective until approval by the California Coastal Commission
(CCC). Upon approval by CCC, staff will return to the City Council with an ordinance
adopting the LCPA.
FISCAL IMPACT:
The General Plan Implementation Program states that significant development projects
and General Plan Amendments (GPA) shall be evaluated for their net fiscal impacts on
the City of Newport Beach (City), and that the City shall determine the type, scale and
mix of uses that shall be subject to fiscal review. The Code Amendment is related to the
adopted GPA, as it allows for the demolition of an existing restaurant and construction of
a new residential project. Staff has reviewed the restaurant's sales tax information,
business license fees, and utility bills and determined that, given the small size of the
property and the single restaurant use, the change from commercial to residential, and
the subsequent demolition and construction, will not result in a substantial fiscal impact.
While the business would be removed, the new residential development would increase
property taxes and incur development impact fees. These include an In -Lieu Park
Dedication fee (currently $38,400 per unit) for the increase in two residential units.
ENVIRONMENTAL REVIEW:
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment.
The Class 3 exemption includes the construction and location of limited numbers of new,
small facilities or structures; installation of small new equipment and facilities in small
structures; and the conversion of existing small structures from one use to another where
only minor modifications are made in the exterior of the structure. The exemption includes
the construction of a duplex or similar multi -family residential structures totaling no more
than four dwelling units. The project involves the demolition of an existing restaurant and
the construction of a two -unit residence.
3-2
Ordinance No. 2023-3: A Code Amendment to Change the Zoning Designation of
3014 Balboa Boulevard from Commercial to Residential (PA2020-060)
February 28, 2023
Page 3
The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
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).
ATTACHMENT:
Attachment A — Ordinance No. 2023-3
3-3
ATTACHMENT A
ORDINANCE NO. 2023-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING AN
AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE TO CHANGE THE ZONING DISTRICT
FROM COMMERCIAL NEIGHBORHOOD (CN) TO TWO -
UNIT RESIDENTIAL (R-2) AND AMEND SETBACK MAP
S-213 TO REMOVE A FRONT SETBACK FOR THE
PROPERTY LOCATED AT 3014 BALBOA BOULEVARD
(PA2020-060)
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, an application was filed by Gallo of Corona Del Mar, Inc.
("Applicant"), with respect to property located at 3014 Balboa Boulevard, and legally
described in Exhibit 'A," which is attached hereto and incorporated herein by reference
("Property");
WHEREAS, the Applicant proposes to replace an existing eating and drinking
establishment and to construct a new residential structure with two condominiums totaling
approximately 3,564 square feet, including a two -car garage and two -car carport
("Project");
WHEREAS, the following legislative approvals are required for the Project:
• General Plan Amendment ("GPA") — An amendment to the General Plan Land
Use Element changing the land use category from Neighborhood Commercial
(CN) to Two Unit Residential (RT);
• Code Amendment ("CA") — An amendment to Title 20 (Planning and Zoning)
("Title 20") of the Newport Beach Municipal Code ("NBMC") to change the
zoning district from Commercial Neighborhood (CN) to Two -Unit Residential (R-
2) and removing a front setback designation abutting the side property line on
Setback Map S-213; and
3-4
Ordinance No. 2023-
Page 2 of 4
• Local Coastal Program Amendment ("LCPA") — An amendment to the Coastal
Land Use Plan ("CLUP") changing the coastal land use category from
Neighborhood Commercial (CN) to Two Unit Residential (RT-E) (30.0 — 39.9
DU/AC), Title 21 (Local Coastal Program Implementation Plan) ("Title 21") of the
NBMC changing the coastal zoning district from Commercial Neighborhood
(CN) to Two -Unit Residential (R-2), and Setback Map S-213 to remove a front
setback designation abutting the side property line;
WHEREAS, the Property is categorized Neighborhood Commercial (CN) by the
General Plan Land Use Element and located within the Neighborhood Commercial (CN)
Zoning District;
WHEREAS, the Property is located within the coastal zone with a CLUP category
of Neighborhood Commercial (CN) - (0.0 to 0.30 FAR) and Coastal Zone District
designation of Commercial Neighborhood (CN);
WHEREAS, the Planning Commission held a public hearing on January 5, 2023,
in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and
Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this hearing;
WHEREAS, at the conclusion of the hearing, the Planning Commission adopted
Resolution No. PC2023-003 by a unanimous vote (5 ayes) recommending approval of
the Project to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on February 14,
2023, 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 provided in
accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) 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:
3-5
Ordinance No. 2023-
Page 3 of 4
Section 1: The City Council hereby approves the code amendment to Title 20
changing the zoning district from Commercial Neighborhood (CN) to Two -Unit Residential
(R-2) and removing a front setback designation abutting the side property line on Setback
Map S-213 as depicted in Exhibits "B" and "C," respectively, and supported by the findings
set forth in Exhibit "C" which are attached hereto and incorporated herein by reference
subject to approval of Local Coastal Program Amendment No. LC2020-005 by the
California Coastal Commission and adoption, including any modifications suggested by
the California Coastal Commission, by resolution and/or ordinance of the City Council of
the City of Newport Beach.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: 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 4: The City Council finds the Project is categorically exempt under the
California Environmental Quality Act ("CEQA") pursuant to Section 15303 under Class 3
(New Construction or Conversion of Small Structures) of the California Code of
Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). Section 15302
applies to a duplex or similar multi -family residential structure totaling no more than four
dwelling units. In this case, the Project, which consists of demolition of a restaurant and
construction of a new residential structure with two condominiums totaling approximately
3,564 square feet, meets the criteria in Section 15303. Additionally, the exceptions to this
categorical exemption under Section 15300.2 of the CEQA Guidelines are not
applicable. The Project location does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have a
significant effect on the environment due to unusual circumstances, does not damage
scenic resources within a state scenic highway, is not a hazardous waste site, and is
not identified as a historical resource.
Section 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
3-6
Ordinance No. 2023-
Page 4 of 4
Section 6: 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. This ordinance shall be effective upon
approval of Local Coastal Program Amendment No. LC2020-005 by the California
Coastal Commission and adoption, including any modifications suggested by the
California Coastal Commission, by resolution and/or ordinance of the City Council of the
City of Newport Beach.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 14th day of February, 2023, and adopted on the 28th day
of February, 2023, by the following vote, to -wit.
AYES:
NAYS:
ABSENT:
NOAH BLOM, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
ON C. HARP, CITY ATTORNEY
Attachment(s): Exhibit A — Legal Description
Exhibit B — Code Amendment Map
Exhibit C — Amended Setback Map S-213
Exhibit D — Findings in Support of CA for PA2020-060
3-7
EXHIBIT "A"
LEGAL DESCRIPTION
THE SOUTHEASTERLY 40 FEET OF THAT CERTAIN PROPERTY SITUATED IN THE
CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE
NORTHWESTERLY LINE OF SAID SOUTHEASTERLY 40 FEET BEING PARALLEL TO
AND 50 FEET FROM THE SOUTHEASTERLY LINE OF LOT 1 IN BLOCK 130 OF THE
LAKE TRACT, AS PER MAP RECORDED IN BOOK 4, PAGE 13, OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID LOT 1 IN
BLOCK 130 OF LAKE TRACT, WITH THE NORTHEASTERLY LINE OF THE
SOUTHEASTERLY 25 FEET OF SAID LOT 1, THENCE SOUTHEASTERLY ALONG THE
NORTHEASTERLY LINE OF SAID SOUTHWESTERLY 25 FEET TO AN INTERSECTION
WITH A LINE NORTHEASTERLY OF, PARALLEL TO, AND 10 FEET DISTANT,
MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID LOT 1,
THENCE NORTHEASTERLY ALONG SAID LINE TO THE NORTHERLY LINE OF SAID
LOT 1, THENCE CONTINUING NORTHEASTERLY ALONG THE PROLONGATION OF
SAID LINE 58 FEET, MORE OR LESS, TO A POINT 30 FEET DISTANT, MEASURED
SOUTHWESTERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE PRESENT
MOST SOUTHERLY WYE TRACK OF THE SOUTHERN PACIFIC RAILROAD, THENCE
75' 07' 30' WEST ALONG THE LINE PARALLEL TO AND 30 FEET DISTANT
SOUTHWESTERLY FROM THE CENTER LINE OF SAID WYE TRACT 201.60 FEET,
MORE OR LESS, TO AN INTERSECTION WITH THE SOUTHEASTERLY EXTENSION
OF THE NORTHEASTERLY LINE OF BAY AVENUE (NOW COAST BOULEVARD), AS
SHOWN ON SAID MAP OF LAKE TRACT, THENCE SOUTH 52' 46' 30' WEST 15.35
FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF
THE PRESENT LOCATED CEMENT SIDEWALK, THENCE SOUTHEASTERLY ALONG
THE NORTHEASTERLY LINE OF SAID SIDEWALK 164.80 FEET TO THE POINT OF
BEGINNING.
APN: 047-071-02
Exhibit "B"
Code Amendment Map
M
y ,
PF
s
� a G i1 .•1 ,
s {
" Zoning Code Amendment No. CA2020-006 NB
' 3014 Balboa Blvd
Clf Vwpu.i MaLL
GIN E)I,W .
PA2020-060 �•--• =e•_�__
M1L:11LL :A 4r- nr. r..c
3-9
1
Exhibit "C"
Amended Setback Map S-213
V
01
IP
,!W
z
m
00
C
Zoning Code Amendment No. CA2020-006 , NE
3014 Balboa Blvd
PA2020-060 ciso.0
3-10
Exhibit i'D7f
Findings in Support.of CA for PA2020-060
Neither Title 20 nor State.- Planning Law set for any required findings for either -
approval or. -denial of such _amendments. Notwithstanding the -foregoing, the Code
Amendment is, consistent with the corresponding General Plan Amendment and Local
Coastal Program Amendment.
1.. The .Property was previously zoned for' residential use. Prior to. the current
restaurant development, the property was developed with an approximately 750
square -foot single-family residence that was constructed in 1902. -On November.
10, 1.986, the City Council: approved General Plan Amendment 86-2 .(C), Local
Coastal Program Amendment No. 10, and Cannery Village Specific- Area Plan.
Amendment No. 639, which changed the. land use and zoning designations of the.
property from "Two -Family Residential" to "Retail and- Service Commercial."
Subsequent to the change of land. use,.the former residence:was improved and
converted for commercial .use.
2. The proposed R-2 District is compatible with the surrounding neighborhood, as
the Property is located adjacent to residential properties which are prevalent on
the Balboa Peninsula.. The three properties to -the south, which are located -within
the. same block as the Property, are zoned as .R-2. Additional R-2 properties on
the eastern side of Balboa Boulevard: are located between. 30th Street: and 28th .
Street, as .well as on the western side- of Balboa Boulevard from 54th Street to
27th Street.