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Home My WebLink About2023-3 - Approving an Amendment to Title 20 of the Newport Beach Municipal Code to Change the Zoning District from Commerical Neighborhood (CN) to Two-Unit Residential (R-2) and Amend Setback Map S-2B to Remove a Front Setback for the Property Located atORDINANCE 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 Ordinance No. 2023-3 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: Ordinance No. 2023-3 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. Ordinance No. 2023-3 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: Mayor Blom, Mayor Pro Tern O'Neill, Council Member Avery, Council Member Grant, Council Member Kleiman, Council Member Stapleton, Council Member Weigand NAYS: ABSENT: ATTEST: r� LEILANI I. BRC , CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY , MAYOR 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 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 Z m 0 CA N rdi jam®�'•� � �+' ,'�, a� • i � � � i � � � ■ • �0car C N e O T rrr 'sue es r.� ■ S pq, J � '��•;LP ''ts =i� '-� ?Jd � _ � pig ' \ ?`' �S O ,d,ar _ ? 2 T L 'r r r r ~ '`'e Zoning Code Amendment No. CA2020-006:NE 3014 Balboa Blvd Ctr eF Merpml •euJ• r PA2020-060 ais oi.w�ll J� 5euronLn. 79, 2tl �7 Exhibit "C" Amended Setback Map S-213 m � If rn ri rp r O t'r a `mod I �h r2 10 s r r � , +`� a� Q• 'lam r r 'e o sf iia i ir7`� 'Y4P' r�'�m� Y'?N"f➢ � t Zoning Code Amendment No. CA2020-006 c: N 3014 Balboa Blvd � GIS O'v.I.. PA2020-060 2022 �,42 �r7C�040_iA_An.m�•1 •�r>s k r> d Exhibit "D" 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, 1986, 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 30t" Street and 28tn Street, as well as on the western side of Balboa Boulevard from 54t" Street to 27t" Street. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, 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 ordinance, being Ordinance No. 2023-3 was duly introduced on the 141h day of February, 2023, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 28th day of February, 2023, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 1s' day of March, 2023. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } aturj, Leilani I. Brown,C City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2023-3 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: February 18, 2023 Adopted Ordinance: March 4, 2023 In witness whereof, I have hereunto subscribed my name this _f- day of March, 2023. t `,°w'µp-(..) l•; k; Leilani I. Brown, MC City Clerk City of Newport Beach, California .�'��mh��h'u�uas'"M •m �P Y B� t7 WAN