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HomeMy WebLinkAbout2003-23 - PA2002-244 - 129 Agate Avenue - GPA 2002-003RESOLUTION NO. 2003-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2002 -003, LOCAL COASTAL PLAN AMENDMENT NO. 2003 -001, AND NEWPORT PARCEL MAP NO. 2002 -031 FOR PROPERTY IDENTIFIED AS 129 AGATE AVENUE (PA2002 -244) Section 1. An application was filed by John Curci, property owner, with respect to property located at 129 Agate Avenue and legally described as Balboa Island Resubdivision, Section 1, Block 7, Lots 17, 18, 19, requesting to change the General Plan Land Use designation from Retail & Service Commercial to Two - Family Residential, change the Local Coastal Plan designation from Retail & Service Commercial to Two - Family Residential, and approve Newport Parcel Map No. 2002 -031. Section 2. A public hearing was held on April 3, 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. 1593 that recommends that the City Council approve General Plan Amendment No. 2002 -003, Local Coastal Plan No. 2003 -001 and Newport Parcel Map No. 2002 -031. Section 3. A public hearing was held on April 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: 1. 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 will reduce the size of the Agate Avenue commercial area that serves the residents of the area but does not eliminate the entire commercial district. Additionally, the nearby Marine Avenue commercial area provides Balboa Island 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 three residential units in addition to commercial uses on the subject property. The proposed Two Family designation and parcel map would permit a maximum of four dwelling units (two on each lot). Although the amendment will allocate one additional residential unit beyond the three 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 undergrounding 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 R -1.5 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 with the exception that a six (6) foot front yard setback shall apply to the subject property. 5. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. The proposed subdivision is within the boundaries of the Coastal Zone. Although the City of Newport Beach does not have a certified Local Coastal Program, the project is consistent with the City's Local Coastal Program Land Use Plan. The subject property is not adjacent to the ocean or bay, therefore, additional coastal access easements are not required. Recreation policies of the Coastal Act require that sites suitable for water- oriented recreational activities that cannot be provided at inland locations must be protected. These policies prioritize water- oriented recreational activities over other land uses and encourage aquaculture and water - oriented recreational support facilities. The subject property is not suitable for water- oriented recreational activities due to its size and location. 6. Coastal Act policies concerning specific coastal resources, hazard areas, coastal access concerns, and land use priorities have been applied to determine the type, locations, and intensity of land and water uses. The site contains no coastal resources or hazards. The project will not interfere with the public's right of access to coastal resources as the site does not abut the Pacific Ocean, Newport Bay or other coastal resource. The site will not reasonably serve a public access function and additional access through the subject property is not needed. The redesignation of the site to Two Family Residential will not interfere with the marinas, docking facilities or boating facilities in the area, since any new development must comply with the required on site parking standards setbacks, height and other related City regulations; therefore the Two Family Residential designation is a appropriate use and intensity for the subject site. 7. 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 R -1.5 regulations of the City except for the required front setback which shall be six (6) feet. 8. 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 R -1.5 Two - Family Residential (Restricted) concurrently with the General Plan and Local Coastal Program Land Use Plan amendments to be consistent. 9. City's certified Land Use Plan, including this amendment shall be implemented in a manner fully in conformity with the Coastal Act. 10.The change of the land use designation of the subject property located at 129 Agate Avenue from Retail & Service Commercial to Two Family Residential; shall only become effective upon the approval of Local Coastal Program Amendment No. 2003 -001 by the California Coastal Commission. 11. 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. 12.The proposed subdivision is consistent with the proposed General Plan Amendment and the R -1.5 Zoning District. Additionally, proposed parcel map is consistent with the Newport Beach Subdivision Code (Title 19). 13.The subject property is a flat lot. Balboa Island has been identified as a location prone to liquefaction in the event of a major earthquake, however, proper engineering required by current building codes can mitigate the potential affects of liquefaction. Additionally, Balboa Island has been identified as being within a 100 -year flood zone. A 100 -year flood zone designation indicates that the chance of a 100 -year flood event is 1% per year. To mitigate against potential flood damage, standard city policy requires that all new habitable space have a minimum finished floor elevation of 6.27 Mean Sea Level (MSL) based on the NGVD29 datum. No other physical constraints to construction are known. The subject property consists of three lots created by the original Balboa Island subdivision. The proposed subdivision will create two lots that are consistent with the size and orientation of surrounding properties. Each lot would permit the construction of a maximum of two dwelling units. Existing development regulations allow mixed -use development on the subject property with three dwelling units permitted. The net increase of one dwelling unit does not significantly alter the residential density of Balboa Island. Due to these factors, the site is suitable for the type and density of development proposed. 14.The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. The property is a disturbed site currently developed with a parking lot located in a developed area and, the property is void of measurable wildlife habitat. The project qualifies for an exemption from the requirements of the California Environmental Quality Act (CEQA) under Section 15303 (Class 3). Future development will be required to adhere to standard city requirements for water quality, which require that Best Management Practices (BMP's) be used during construction and incorporated into the design of the development to ensure water quality standards are met. 15.The proposed subdivision consists of two residential parcels. The design of the subdivision is consistent with the surrounding subdivision pattern. No evidence is known to exist that would indicate that the existing or proposed subdivision pattern has generated any serious public health problems. 16. No public access easements exist or are proposed for the subject property and therefore, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 17.The property is not located within the boundaries of a specific plan, planned community nor subject to a Williamson Act contract. 18. Title 24 of the Uniform Building Code requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department enforces Title 24 compliance through the plan check and field inspection processes therefore, energy efficiency requirements have been satisfied. 19.The proposed subdivision in conjunction with the proposed General Plan Amendment may result in the creation of 2 -4 residential units where no residential uses presently exist. Public services and infrastructure are available to serve the proposed development. Additionally, all applicable improvements required by Section 19.28 of the Subdivision Code are to be satisfied by the developer. With the increase in residential units, the project assists the City in meeting housing needs. 20. Waste discharge into the existing sewer system will be consistent with retail and residential use of the property, which will not violate Regional Water Quality Control Board (RWQCB) requirements. Additionally the developer will be required to install sewer clean -outs for all dwelling units. 21.The proposed subdivision design is consistent with Section 19.24.130 of the Municipal Code and a deviation from the minimum lot size is acceptable for the following reasons; the proposed map design creates two larger lots out of the three existing legal lots. Although larger than the majority of lots on Balboa Island, the size of the proposed lots is not out of scale for the neighborhood. The orientation of the proposed lots is consistent with the pattern of the surrounding subdivision. The creation of two residential parcels out of three commercial lots will not cause the circulation network to exceed the carrying capacity beyond that accounted for in the existing General Plan as there will be a net reduction of potential traffic due to the change in land use. The proposed parcel map will not alter the location of existing public sidewalks. There is no evidence to suggest that the proposed design will be detrimental to the surrounding neighborhood or to public safety, health and welfare. 22. The proposed project has been determined to be Categorically Exempt under the Class 3 (Residential construction in an urbanized area), Class 5 (Minor Alterations in Land Use Limitations) and Class 15 (Minor Land Divisions) requirements of the California Environmental Quality Act (CEQA), and the State CEQA Guidelines. Section 4. Based on the aforementioned findings, the City Council hereby approves General Plan Amendment No. 2002 -003 as depicted in Attachment No. 1, Local Coastal Plan Amendment No. 2003 -001 as depicted in Attachment No. 2 and Newport Parcel Map No. 2002 -031 subject to the Conditions of Approval set forth in Attachment No. 3. The Planning Director is hereby directed to submit Local Coastal Program Amendment No. 2003 -001 to the California Coastal Commission for review and approval. ATTACHMENT NO. 1 All provisions of the Land Use Element of the General Plan remain unchanged except for the following chart: Balboa Island Area (Statistical Division E) ESTIMATED GROWTH FOR STATISTICAL AREAS E1, E2 & E3 Residential (in du's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 1/1/87 Projection Growth 1/1/87 Projection Growth 1. Balboa Island 2,160 2,708 2,712 548 552 0 0 0 2. Marine Avenue 37 62 25 92,478 101,275 8,797 3. Agate Avenue 31 31 0 26,350 46,461 42,636 20,111 16,286 TOTAL 2,228 2,805 573 577 118,828 1 4 , 36 143,911 28,908 25,083 Population 4,411 5,546 1,135 ATTACHMENT NO. 2 All provisions of the Local Coastal Program Land Use Plan remain unchanged except for the following paragraph on Page 57 of the Balboa Island Area section of the Land Use Plan: Balboa Island Area 3. Agate Avenue. The Retail and Service Commercial area on Agate Avenue is allowed a maximum floor area ratio of 0.50/1.0. Separate residential uses are prohibited. Residential development on the second floor is permitted in conjunction with ground floor commercial up to a total floor area ratio of 1.25. One dwelling unit is allowed for each 2,000 sq.ft. of buildable lot area, with a minimum of one dwelling unit allowed per lot. Automobile and general storage is also permitted in the Agate Avenue commercial area. The property located on the northwesterly corner of Park Avenue and Agate Avenue (498 Park Avenue and 203 Agate Avenue) is reclassified to Two Family Residential. [LCP Amendment No. 25] The property located on the southwesterly corner of Park Avenue and Agate Avenue (Balboa Island Resubdivision, Section 1, Block 7, Lots 17, 18, 19,) is reclassified to Two Family Residential. [LCP Amendment No. 2003 -001]. ATTACHMENT NO. 3 CONDITIONS OF APPROVAL NEWPORT PARCEL MAP NO. 2002-031 1. A parcel map shall be recorded. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor and the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. All improvements shall be constructed as required by Ordinance and the Public Works Department. 4. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 5. Each new parcel shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 6. A ten -foot radius corner cutoff at the corner of Park and Agate Avenues shall be dedicated to the public. 7. County Sanitation District fees shall be paid prior to issuance of any building permits. 8. That full parkway width sidewalk be reconstructed along the Park and Agate Avenue frontages under an encroachment permit issued by the Public Works Department. This work shall include removal of the existing driveway approach along Agate Avenue and replacement with standard curb and sidewalk as well as reconstructing the access ramp in the curb return at the intersection of park and Agate Avenues. 9. All vehicular access to the property shall be from the adjacent alley unless otherwise approved by the City Council. 10. Public Works Department plan check and inspection fees shall be paid. 11. Overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 12. Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 13. Prior to recordation of the parcel map, park dedication fees for two (2) dwelling unit(s) shall be paid in accordance with Chapter 19.52 of the Newport Beach Municipal Code. 14. This parcel map shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Director in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code. 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 April, 2003 by the following vote to wit: AYES, COUNCIL MEMBERS Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, NOES, COUNCIL MEMBERS Mayor Bromberg None ABSENT, COUNCIL MEMBERS None ATTEST: CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, 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 -23 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 April, 2003, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Proctor, Ridgewav, Adams, Webb, Nichols, Mayor Bromberg Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of April, 2003. (Seal) City Clerk Newport Beach, California