HomeMy WebLinkAbout08 - 205 Orange Street - GPA 2002-002-PA2001-186o��EW�Rr CITY OF NEWPORT BEACH Hearing Date: September 10, 2002
In PLANNING DEPARTMENT Agenda Item: 19
t' ,= 3300 NEWPORT BOULEVARD Staff Person: Bill Cunningham
• C1L,F00.P1 NEWPORT BEACH, CA 92658 949 - 644 -3200
(949) 644 -3200; FAX (949) 644 -3229
REPORT TO THE CITY COUNCIL
PROJECT: General Plan Amendment No. 2002 -002, Local Coastal Plan Amendment
No. 2002 -001, and Code Amendment No. 2002 -002 (PA2001 -186) C) -d y_0yZ
205 Orange Street
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SUMMARY: Request to change the General Plan Land Use designation from Retail &
Commercial to Two - Family Residential, change the Local Coastal Plan
designation from Retail & Service Commercial to Two - Family Residential,
and change the zoning designation within the Newport Shores Specific Plan
from Commercial to Residential, in order to replace an existing single -
family dwelling with a duplex.
ACTION: For the meeting of September 10.2002:
1) Hold a public hearing.
2) Adopt the attached resolution approving General Plan Amendment
2002 -002 and Local Coastal Plan Amendment 2002 -001.
APPLICANT:
PROPERTY
OWNER:
3) Introduce Ordinance No. 2002 -_, which would grant approval to
Code Amendment 2002 -002.
For the meeting of September 24.2002:
Adopt Ordinance No. 2002 -_, thereby approving Code Amendment No.
2002 -002.
Mark Fairbanks
Ronald Sutherland
6307 Winona Avenue
St. Louis, MO 63109
Introduction & Background
A letter was received from the property owner, Ronald Sutherland, on September 26, 2001,
requesting that his property be redesignated from Commercial to Residential for the purposes of
constructing a new duplex to replace an older existing single - family dwelling. The Planning
Commission considered the request on October 4, 2001, and the Planning Commission took
action to recommend to the City Council that a General Plan Amendment, Local Coastal Plan
Amendment be initiated. The City Council took action on October 23, 2001 to initiate the •
amendments. The Planning Commission held a public hearing on the request on August 8, 2002,
and took action to recommend to the City Council that the General Plan Amendment, Local Coastal
Plan Amendment and Code Amendment be approved.
Discussion
The property is currently designated for commercial uses by the General Plan Land Use Element
and the Local Coastal Plan, and has a commercial designation within the Newport Shores
Specific Plan District #4. The property owner wishes to demolish the older single - family
structure on the lot and construct a new duplex. However, the existing structure is a
nonconforming use, and construction of a new duplex is precluded by the existing commercial
land use designations. The applicant's project requires amendments to the General Plan, Local
Coastal Plan and the Newport Shores Specific Plan.
In order to determine the appropriateness of the request, the Planning Commission considered the
policies contained within the General Plan Land Use Element. Policies B and F are significant in
that they relate to redevelopment of older properties and maintenance of existing residential
neighborhoods. Land Use Element Policy B states:
"To insure redevelopment of older or underutilized properties, and to preserve the value of
property, the floor area limits specified in the Land Use Element allow for some modest
growth. To insure that traffic does not exceed the level of service desired by the City, •
variable floor area limits shall be established based upon the trip generation
characteristics of lama uses. "
As noted above, the property is currently designated for commercial uses, and the applicant
proposes to construct a new duplex to replace an older single - family structure that is a
nonconforming use. The traffic and parking generation, particularly during peak hours is generally
less for a two - family dwelling as opposed to a commercial use, particularly a traffic /parking
intensive use such as a restaurant. Therefore, the requested amendment from commercial to two -
family residential can be viewed as meeting the intent of Policy B. However, the change will
facilitate the construction of one additional residential unit, resulting in an increase in traffic over
the current generation from the existing single - family dwelling. Nevertheless, the increase in trips
expected is less than 10 average daily trips (ADT), which is considered negligible and can be
accommodated within the traffic network.
Land Use Element Policy F states:
"The City shall develop and maintain suitable and adequate standards for landscaping sign
control, site and building design, parking and undergrounding of utilities and other
development standards to insure that the beauty and charm of existing residential
neighborhoods is maintained... "
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GP2002 -002 (PA2001 -186)
September 10, 2002
Page 2 of 4
The subject property fronts Orange Street, which is a residential street. Surrounding commercial
uses front onto West Coast Highway. Unless joined with the commercial property to the south that
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fronts West Coast Highway, the subject property, if developed for a commercial use, would front
onto Orange Street and would introduce commercial traffic and parking onto that residential street.
In addition, a residential use on the lot would be consistent with the surrounding duplexes that exist
to the west, north and east.
Local Coastal Plan
Implementation Guideline No. 2 of the Local Coastal Program Land Use Plan states: "The City
shall encourage refurbishment, remodeling and modest expansion of older, nonconforming
buildings within community commercial districts by grandfathering such nonconforming use when
feasible and practicable. "
The subject property is an existing nonconforming single - family residence, and limited repairs and
upkeep can be undertaken under that status. However, surrounding uses consist of duplexes, and
the property cannot be totally reconstructed under the existing nonconforming status. A change in
the land use classification can be viewed as furthering the intent and goals of the Local Coastal Plan
by allowing redevelopment of the property consistent with the surrounding two - family residential
uses, and would be an appropriate use for property on a residential street (Orange Street).
Zoning Code
• The property is designated "Commercial' within the Newport Shores Specific Plan (SP -4). Staff
notes there is ample neighborhood- serving and visitor- serving commercial uses within the area, and
there is limited need for additional commercial in the vicinity of the subject property, particularly
on a lot that is very limited in size and that fronts a local residential street.
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If it is determined that a General Plan Amendment and Local Coastal Plan Amendment are
appropriate in accordance with the foregoing analysis, it is necessary to designate the property for
"Residential Uses" within the Specific Plan District (Chapter 20.41 of the Zoning Code) in order to
have consistency between the general plan and zoning. Eventual redevelopment of the property, if
rezoned, will require that the development be consistent with the residential development
regulations of the Newport Shores Specific Plan.
Measure S Analysis (Greenlieht)
The amendments consists of a change in the land use designation from Retail & Service
Commercial to Two - Family Residential and will result in an increase in the total number of
residential dwelling units by two and a decrease in the commercial area by 1,275 square feet
within Statistical Area B1. The addition of two dwelling units will generate a minor increase in
average daily vehicle trips, which is offset by the decrease in average daily trips resulting from the
decrease in commercial square footage. Therefore, none of the three thresholds to require a vote
pursuant to Measure S (Greenlight) are exceeded. If the City Council approved the recommended
amendments, it will become a "previous amendment' that will be tracked for ten years. During this
GP2002- 002(PA2001 -186)
September 10, 2002
Page 3 of 4
time period, the floor area and traffic will be added to any future amendments or other applicable
changes in the General Plan land uses to determine if a threshold is exceeded and a vote is required.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt under the
requirements of the California Environmental Quality Act under Class 3 (Construction of limited
numbers of new, small facilities or structures). Under this exemption, 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 single - family dwelling and is within an urbanized
area, utilities are available and no significant environmental resources are on the site or are in close
proximity to the site.
Recommendation
Based upon the review of the various documents to be amended as well as the potential project
resulting from the amendments if approved, staff recommends that the City Council uphold the
Planning Commission recommendation and approve the request by adopting the attached
Resolution and Ordinance.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
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Exhibits
Prepared by:
WILLIAM CUNNINGHAM
Contract Planner
1. Draft City Council Resolution No. _
2. Draft City Council Ordinance No. 2002-_
3. Planning Commission Staff Report dated August 8, 2002, with Exhibits
4. Planning Commission Resolution No. 1567
5. Planning Commission Minutes dated August 8,2002
GP2002 -002 (PA2001 -186)
September 10, 2002
Page 4 of 4
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EXHIBIT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. •
2002 -002 AMENDING THE SECTION TITLED "NEWPORT SHORES
(STATISTICAL STATISTICAL AREA Bl)' WITHIN THE LAND USE
ELEMENT OF THE GENERAL PLAN AND AMENDING THE LOCAL
COASTAL PLAN PERTAINING TO THE DEVELOPMENT
ALLOCATION FOR PROPERTY IDENTIFIED AS 205 ORANGE
STREET (LOT NO. S, SEASHORE COLONY TRACT)
WHEREAS, as part of the development and implementation of the Newport Beach
General Plan, the Land Use Element has been prepared; and
WHEREAS, the Land Use Element sets forth objectives, supporting policies and
limitations for development in the City of Newport Beach; and
WHEREAS, the Land Use Element designates the general distribution and general
location and extent of the uses of land and residential densities; and
WHEREAS, the City's General Plan dictates that 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, and the implementation of the
proposed project will not result in an increase in traffic and parking, and will have a less than
significant impact on the projected capacity and levels of service of the circulation system,
therefore, the proposed project is consistent with this policy; and
WHEREAS, the City's General Plan indicates that the City shall maintain suitable and is
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. The proposed project is consistent with this policy; and
WHEREAS, The Local Coastal Program Land Use Plan includes implementation
guidelines that encourages refurbishment, remodeling and modest expansion of older,
nonconforming buildings. The proposed project will result in the elimination of a
nonconforming use that is compatible with surrounding residential land uses. The change of the
land use designation of the subject property to Two Family Residential within the Local Coastal
Plan shall only become effective upon the approval of Local Coastal Plan No. 2002 -001 by the
California Coastal Commission; and,
WHEREAS, in conjunction with the consideration of the subject amendment to the Land
Use Element of the General Plan, the proposed project has been determined to be Categorically
Exempt under the Class 3 (New Construction or Conversion of Small Structures) requirements of
the California Environmental Quality Act (CEQA), and the State CEQA Guidelines; and,
WHEREAS, the Planning Commission has held a duly noticed public hearing on August
8, 2002 to consider General Plan Amendment No. 2002 -002 and Local Coastal Plan Amendment
No. 2002 -001, and recommended approval to the City Council; and,
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WHEREAS, the City Council held a duly noticed public hearing on September 10, 2002
to consider General Plan Amendment No. 2021 -023 and Local Coastal Plan Amendment No.
2002 -001.
• NOW THEREFORE the City Council of the City of Newport Beach does hereby
resolve as follows:
Section 1. The City Council finds that the proposed amendments are consistent with
the intent of the General Plan. The project consists of a change in the land use designation from
Retail & Service Commercial to Two - Family Residential and will result in an increase in the
total number of residential dwelling units by two and a decrease in the commercial area by 1,275
square feet for the site.
Section 2. Public and affected agencies have had ample opportunity to participate in the
amendment process. The required public notification was provided for this application in
accordance with City and State law.
Section 3. All policies, objectives, and standards of the proposed amendment to the
Certified Local Coastal Program, Land Use Plan conform to the requirements of the Coastal Act,
including that the land use plan as amended is in conformance with and adequate to carry out the
Chapter Three policies of the Coastal Act. The designation of the subject property is consistent
with Chapter Three. The site does not abut the water. The site is insufficient in size to provide
adequate off - street parking for non - residential uses. The site has residential development to the
north, east and west. The designation of the subject site to Two Family Residential would be
compatible and consistent with the surrounding uses and development in the area. The level and
pattern of development proposed is reflected in the Land Use Plan, Zoning Code, and Zoning
• Map.
Section 4. That 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 resignation 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. Non-
residential uses are not suitable for this site, given its small size and its location. The site is
insufficient in size to provide adequate off - street parking for non - residential uses; therefore the
Two Family Residential designation is the most appropriate use and intensity for the subject site.
Section 5. 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 -2 regulations of the City.
Section 6. 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
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Land Use Plan. The City has rezoned the site to SP -4, Residential concurrent with the General
Plan and Local Coastal Program, Land Use Plan applications to be consistent.
Section 7. The City's certified Land Use Plan, including this amendment shall be
implemented in a manner fully in conformity with the Coastal Act. •
Section 8. The Planning Director is hereby directed to submit Local Coastal Program
Amendment No. 2001 -002 to the California Coastal Commission for review and approval.
Section 9. The change of the land use designation of the subject property located at 205
Orange Street from Retail & Service Commercial to Two Family Residential; shall only become
effective upon the approval of Local Coastal Program Amendment No. 2002 -002 by the
California Coastal Commission.
Section 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.
Section 11. The amendments proposed under the application for General Plan
Amendment No. 2002 -002 are approved, as shown in the Attachment No. "A ", and for Local
Coastal Plan Amendment No. 2002 -001, referenced and incorporated herein, for the property
identified as 205 Orange Street.
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 day of , 2002
by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
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ATTACHMENT "A"
TO RESOLUTION NO.
All provisions of the Land Use Element of the General Plan remain unchanged except for the
following paragraph within Statistical Area B 1:
Newport Shores (Statistical Area BI)
3. Newport Shores SAP. The Newport Shores Specific Area Plan includes commercial and
residential areas along the north side of West Coast Highway between the Santa Ana River
and the eastern bend of Seminiuk Slough. Land use designations within the plan area
include Retail and Service Commercial and Two - Family Residential, with two large sites in
the western end of the area shown for Multi - Family Residential land use. Areas designated
for commercial use are limited to a floor area ratio of 0.5/0.75. Total residential
development allocated is 2-9-3 295 dwelling units. Two - Family Residential areas allow two
dwelling units per lot (with 2,000 sq.ft. of buildable lot area) and Multi - Family Residential
areas allow two units for the first 2,400 sti t., plus one dwelling unit for each additional
1,500 sq.ft. of buildable lot area.
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ESTIMATED GROWTH FOR STATISTICAL AREA B1
Residential (in du's)
Commercial (in sq.ft.)
Existing
Gen. Plan
Projected
Existing
Gen. Plan
Projected
01101/1987
Projection
Growth
01/01/1987
Projection
Growth
1. Seminiuk Slough
-0-
-0-
-0-
-0-
-0-
-0-
2. Newport Shores
459
459
-0-
-0-
-0-
-0-
3. Newport Shores SAP
203
2293
90
104,198
Iii 7-23
14,525
285
92
120.448
16250
TOTAL
662
732
90
104,198
i2l,723
17,525
754
92
120,448
16,250
Population
1,311
+;489
4-79
1 492
181
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ATTACHMENT "B"
TO RESOLUTION NO.
All provisions of the Local Coastal Program Land Use Plan remain unchanged except for the
following paragraph on Page 47 of the West Newport section of the Land Use Plan:
Newport Shores
3. Newport Shores SAP. The Newport Shores Specific Area Plan includes commercial and
residential areas along the north side of West Coast Highway between the Santa Ana River
and the eastern bend of Seminiuk Slough. Land use designations within the plan area
include Retail and Service Commercial and Two - Family Residential, with two large sites in
the western end of the area shown for Multi - Family Residential land use. Areas designated
for commercial use are limited to a floor area ratio of 0.5/0.75. Total residential
development allocated is 293 295 dwelling units. Two - Family Residential areas allow two
dwelling units per lot (with 2,000 sq.ft. of buildable lot area) and Multi - Family Residential
areas allow two units for the first 2,400 sq.ft., plus one dwelling unit for each additional
1,500 sq.ft. of buildable lot area.
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ESTIMATED GROWTH FOR STATISTICAL AREA B1
Residential (in du's)
Commercial (in sq.ft.)
Existing
Gen. Plan
Projected
Existing
Gen. Plan
Projected
01/01/1987
Projection
Growth
01/01/1987
Projection
Growth
1. Seminiuk Slough
-0-
-0-
-0-
-0-
-0-
-0-
2. Newport Shores
459
459
-0-
-0-
-0-
-0-
3. Newport Shores SAP
203
293
90
104,198
121, -723
171525
295
92
120.448
16,250
TOTAL
662
952
90
104,198
12 3
N1525
754
92
120,448
16250
Population
1,311
-1489
478
1 492
181
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EXHIBIT 2
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING CODE
AMENDMENT NO. 2002 -002 REQUESTING AN
AMENDMENT TO THE LAND USE MAP OF THE
NEWPORT SHORES SPECIFIC PLAN (SP#4) CHANGING
THE DESIGNATION OF 205 ORANGE STREET FROM
COMMERCIAL TO RESIDENTIAL (PA2001 -186).
Section 1. An application was filed by Mark Fairbanks on behalf of the property owner
Ronald Sutherland with respect to property located at 205 Orange Avenue and legally described as
Lot 5, Seashore Colony Tract, requesting to change the General Plan Land Use designation from
Retail & Commercial to Two - Family Residential, change the Local Coastal Plan designation from
Retail & Service Commercial to Two - Family Residential, and change the zoning designation within
the Newport Shores Specific Plan from Commercial to Residential (General Plan Amendment No.
2002 -002, Local Coastal Plan Amendment No. 2002 -001, and Code Amendment No. 2002 -002).
Section 2. A public hearing was held on August 8, 2002 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 this meeting. At
the conclusion of this meeting, the Planning Commission adopted Resolution No. 1567 •
recommending that the City Council approve the requested applications.
Section 3. The proposed project has been determined to be Categorically Exempt
under the Class 3 (New Construction or Conversion of Small Structures) requirements of the
California Environmental Quality Act (CEQA), and the State CEQA Guidelines; and
Section 4. The City Council held a noticed public hearing on September 10, 2002 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 at this
meeting.
Section 5: The City Council of the City of Newport beach does hereby approve Code
Amendment No. 2001 -002 as depicted in Attachment No. 1.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the
same shall become effective thirty (30) days after the date of its adoption.
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Ordinance No. 2002 -
Page 2 of 3
• This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on September 10, 2002, and was adopted on the 24th day of September by the
following vote, to wit:
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ATTEST:
CITY CLERK
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AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
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Attachment No. 1 of Ordinance No. 2002- r'
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EXHIBIT 3
o��EwvoR o CITY OF NEWPORT BEACH Hearing Date: August 8, 2002
PLANNING DEPARTMENT Agenda Item: 2
3300 NEWPORT BOULEVARD Staff Person: Bill Cunningham
C�UFp0.0.,t NEWPORT BEACH, CA 92658 (949) 644 -3200 •
(949) 644 -3200; FAX (949) 644 -3229 Council Review: Automatic if approved
REPORT TO THE PLANNING COMMISSION
PROJECT: General Plan Amendment No. 2002 -002, Local Coastal Plan Amendment
No. 2002 -001, and Code Amendment No. 2002 -002 (PA2001 -186)
205 Orange Street
SUMMARY: Request to change the General Plan Land Use designation from Retail &
Commercial to Two - Family Residential, change the Local Coastal Plan
designation from Retail & Service Commercial to Two - Family Residential,
and change the zoning designation within the Newport Shores Specific Plan
from Commercial to Residential, in order to replace an existing single -
family dwelling with a duplex.
ACTION: Adopt the attached resolution recommending that the City Council approve
the requested amendments.
APPLICANT: Mark Fairbanks
PROPERTY
OWNER: Ronald Sutherland
6307 Winona Avenue
St. Louis, MO 63109
LOCATION: On the west side of Orange Street and approximately 45 feet north of West
Coast Highway.
LEGAL
DESCRIPTION: Lot 5, Seashore Colony Tract.
GENERAL PLAN: Retail & Service Commercial
ZONING
DISTRICT: Newport Shores Specific Plan (SP-4) - Commercial
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GP 2002- 002/1[,C 2002 - 001 /CA 2002 -002 (PA2002 -103)
205 Orange Street
Current
Development:
Single - Family Residence
�..� 6
Duplex
To the east
.�..\ Vol
To the south
Commercial (Take -out restaurant and real estate office)
� 33J
Duplexes across an alley
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Sub ject_Property
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6'Ly�'
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COMMERCIAL y =O=
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RESIDENTIAL �
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0 200 400 Feet VICINITY MAP w+E
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GP 2002- 002/1[,C 2002 - 001 /CA 2002 -002 (PA2002 -103)
205 Orange Street
Current
Development:
Single - Family Residence
To the north:
Duplex
To the east
Commercial and a duplex across Orange Street
To the south
Commercial (Take -out restaurant and real estate office)
To the west:
Duplexes across an alley
GP2002- 002/CA2002- 002(PA2001 -186)
August 8, 2002
Page 2 of 5
Introduction & Background
A letter was received from the property owner, Ronald Sutherland, on September 26, 2001, •
requesting that his property be redesignated from Commercial to Residential for the purposes of
constructing a new duplex to replace an older existing single - family dwelling. The Planning
Commission considered the request on October 4, 2001, and the Planning Commission took
action to recommend to the City Council that a General Plan Amendment, Local Coastal Plan
Amendment be initiated. The City Council took action on October 23, 2001 to initiate the
amendments.
Project Overview
The property is currently designated for commercial uses by the General Plan Land Use Element
and the Local Coastal Plan, and has a commercial designation within the Newport Shores
Specific Plan District #4. The property owner wishes to demolish the older single - family
structure on the lot and construct a new duplex. However, the existing structure is a
nonconforming use, and construction of a new duplex is precluded by the existing commercial
land use designations. The applicant's project requires amendments to the General Plan, Local
Coastal Plan and the Newport Shores Specific Plan.
Analysis
The property is developed with an older single - family dwelling. There is no record of the original
building permit on file, but, according to the property owner, the structure dates to 1953. The
property is adjacent to two - family residential structures located to the west, north and east. •
Properties to the south front West Coast Highway and are designated and developed for commercial
uses.
General Plan
In order to determine the appropriateness of the request, staff considered the policies contained
within the General Plan Land Use Element. Policies B and F are significant in that they relate to
redevelopment of older properties and maintenance of existing residential neighborhoods. Land
Use Element Policy B states:
"To insure redevelopment of older or underutilized properties, and to preserve the value of
property, the floor area limits specified in the Land Use Element allow for some modest
growth. To insure that traffic does not exceed the level of service desired by the City,
variable floor area limits shall be established based upon the trip generation
characteristics of land uses. "
As noted above, the property is currently designated for commercial uses, and the applicant
proposes to construct a new duplex to replace an older single - family structure that is a
nonconforming use. The traffic and parking generation, particularly during peak hours is generally
less for a two - family dwelling as opposed to a commercial use, particularly a traffic /parking
intensive use such as a restaurant. Therefore, the requested amendment from commercial to two- •
GP2002- 002/CA2002 -002 (PA2001 -186)
August 8, 2002
Page 3 of 5
family residential can be viewed as meeting the intent of Policy B. However, the change will
• facilitate the construction of one additional residential unit, resulting in an increase in traffic over
the current generation from the existing single - family dwelling. Nevertheless, the increase in trips
expected is less than 10 average daily trips (ADT), which is considered negligible and can be
accommodated within the traffic network.
Land Use Element Policy F states:
"The City shall develop and maintain suitable and adequate standards for landscaping sign
control, site and building design, parking and undergrounding of utilities and other
development standards to insure that the beauty and charm of existing residential
neighborhoods is maintained... "
The subject property fronts Orange Street, which is a residential street. Surrounding commercial
uses front onto West Coast Highway. Unless joined with the commercial property to the south that
fronts West Coast Highway, the subject property, if developed for a commercial use, would front
onto Orange Street and would introduce commercial traffic and parking onto that residential street.
In addition, a residential use on the lot would be consistent with the surrounding duplexes that exist
to the west, north and south.
Local Coastal Plan
Implementation Guideline No. 2 of the Local Coastal Program Land Use Plan states: "The City
• shall encourage refurbishment, remodeling and modest expansion of older, nonconforming
buildings within community commercial districts by grandfathering such nonconforming use when
feasible and practicable. "
The subject property is an existing nonconforming single - family residence, and limited repairs and
upkeep can be undertaken under that status. However, surrounding uses consist of duplexes, and
the property cannot be totally reconstructed under the existing nonconforming status. A change in
the land use classification can be viewed as furthering the intent and goals of the Local Coastal Plan
by allowing redevelopment of the property consistent with the surrounding two - family residential
uses, and would be an appropriate use for property on a residential street (Orange Street).
Zoning Code
The property is designated "Commercial' within the Newport Shores Specific Plan (SP -4). Staff
notes there is ample neighborhood- serving and visitor - serving commercial uses within the area, and
there is limited need for additional commercial in the vicinity of the subject property, particularly
on a lot that is very limited in size and that fronts a local residential street.
If it is determined that a General Plan Amendment and Local Coastal Plan Amendment are
appropriate in accordance with the foregoing analysis, it is necessary to designate the property for
"Residential Uses" within the Specific Plan District (Chapter 20.41 of the Zoning Code) in order to
have consistency between the general plan and zoning. Eventual redevelopment of the property, if
•
GP2002- 002/CA2002 -002 (PA2001 -186)
August 8, 2002
Page 4 of 5 I rl
rezoned, will require that the development be consistent with the residential development
regulations of the Newport Shores Specific Plan.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt under the
requirements of the California Environmental Quality Act under Class 3 (Construction of limited
numbers of new, small facilities or structures). Under this exemption, 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 single - family dwelling and is within an urbanized
area, utilities are available and no significant environmental resources are on the site or are in close
proximity to the site.
Conclusion
Staff believes the request for the General Plan Amendment, Local Coastal Plan Amendment and
Code Amendment is reasonable in that it will result in a land use that is compatible with
surrounding residential development; is a more appropriate use along Orange Street, a
predominantly residential street; will result in less traffic and parking intensity when compared to
a possible commercial use of the property, particularly along Orange Street; will result in making
a nonconforming property conforming with respect to the Zoning Code; and is consistent with
the policies of the Land Use Element of the General Plan and the Local Coastal Program Land
Use Plan. If the Commission concurs, the draft resolution recommending to the City Council
that they approve the amendments should be considered (Exhibit No. 1).
The Commission has the option to recommend to the City Council that the General Plan, Local
Coastal Plan and Zoning on the property not be changed. ht this case, it would be appropriate to
adopt a resolution recommending that the amendments not be approved.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Exhibits
1. Resolution No. 2002-
Prepared by:
WILLIAM CUNNINGHAM
Contract Planner
•
•
•
GP2002- 002/CA2002 -002 (PA2001 -186)
August 8, 2002
Page 5of5 7'
0
EXHIBIT 4
RESOLUTION NO. 1567
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING THE CITY COUNCIL •
APPROVE GENERAL PLAN AMENDMENT NO. 2002 -002, LOCAL
COASTAL PLAN AMENDMENT NO. 2002 -001, AND CODE
AMENDMENT NO. 2002 -002, THEREBY AMENDING THE LAND USE
ELEMENT OF THE GENERAL PLAN AND THE LAND USE
DESIGNATION OF THE NEWPORT SHORES SPECIFIC PLAN (SP4)
FOR PROPERTY IDENTIFIED AS 205 ORANGE STREET.
Section 1. An application was filed by Mark Fairbanks on behalf of the property owner
Ronald Sutherland with respect to property located at 205 Orange Avenue and legally described as
Lot 5, Seashore Colony Tract, requesting to change the General Plan Land Use designation from
Retail & Commercial to Two - Family Residential, change the Local Coastal Plan designation from
Retail & Service Commercial to Two - Family Residential, and change the zoning designation within
the Newport Shores Specific Plan from Commercial to Residential.
Section 2. A public hearing was held on August 8, 2002 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 this meeting.
Section 3. The Planning Commission finds as follows:
1. As part of the development and implementation of the Newport Beach General Plan, the •
Land Use Element has been prepared. The Land Use Element sets forth objectives,
supporting policies and limitations for development in the City of Newport Beach, and
the Land Use Element designates the general distribution and general location and extent
of the uses of land and residential densities; and
2. The City's General Plan dictates that 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 implementation of the
proposed project will not result in an increase in traffic and parking, and will have a less
than significant impact on the projected capacity and levels of service of the circulation
system. Therefore, the proposed project is consistent with this policy; and
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. The proposed project is consistent
with this policy; and
•
4. The Local Coastal Program Land Use Plan includes implementation guidelines that
encourages refurbishment, remodeling and modest expansion of older, nonconforming
buildings. The proposed project will result in the elimination of a nonconforming use
is that is compatible with surrounding residential land uses. The change of the land use
designation of the subject property to Residential within the Local Coastal Plan shall only
become effective upon the approval of Local Coastal Plan No. 2002-001' by the
California Coastal Commission; and,
•
•
5. The change in the designation of the land use within the Newport Shores Specific Plan
will result in consistency between the General Plan and Zoning 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; and,
6. The proposed proposed project has been determined to be Categorically Exempt under
the Class 3 (New Construction or Conversion of Small Structures) requirements of the
California Environmental Quality Act (CEQA), and the State CEQA Guidelines; and,
Section 4. Based on the aforementioned findings, the Planning Commission hereby
recommends that the City Council approve General Plan Amendment No. 2001 -003 as depicted
in Attachment "A ", Local Coastal Plan No. 2001 -001 as depicted in Attachment `B ", and Code
Amendment No. 2002 -002 as depicted in Attachment "C ".
PASSED, APPROVED AND ADOPTED THIS 8th DAY OF AUGUST 2002.
AYES: Asaianian. McDaniel, Kiser. Gifford and Selich
NOES: None
ABSENT: Tucker
ATTACHMENT "A"
TO RESOLUTION N.O. 1567
All provisions of the Land Use Element of the General Plan remain unchanged except for th�
following paragraph within Statistical Area Bl:
Newport Shores (Statistical Area BI)
3. Newport Shores SAP. The Newport Shores Specific Area Plan includes commercial and
residential areas along the north side of West Coast Highway between the Santa Ana River
and the eastern bend of Seminiuk Slough. Land use designations within the plan area
include Retail and Service Commercial and Two - Family Residential, with two large sites in
the western end of the area shown for Multi- Family Residential land use. Areas designated
for commercial use are limited to a floor area ratio of 0.5/0.75. Total residential
development allocated is 293 295 dwelling units. Two - Family Residential areas allow two
dwelling units per lot (with 2,000 sq.ft. of buildable lot area) and Multi- Family Residential
areas allow two units for the first 2,400 sq.ft., plus one dwelling unit for each additional
1,500 sq.ft. of buildable lot area.
•
•
l
ESTIMATED GROWTH FOR STATISTICAL AREA III
Residential
(in do's)
Commercial (in sq.ft.)
Existing
Gen. Plan
Projected
Existing
Gen. Plan
Projected
01/01/1987
Projection
Growth
01/01/1987
Projection
Growth
1.Seminiuk Slough
-0-
-0-
-0-
-0-
-0-
-0-
2. Newport Shores
459
459
-0-
-0-
-0-
-0-
3. Newport Shores SAP
203
293
90
104,198
121,423
17,,525
295
92
120,448
16250
TOTAL
662
959
99
104,198
i2l,733
+3;545
254
92
120.448
16,250
Population
1,311
+,489
-1L8
1.492
181
•
•
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ATTACHMENT `B"
TO RESOLUTION NO. 1567
• All provisions of the Local Coastal Program Land Use Plan remain unchanged except for the
following paragraph on Page 47 of the West Newport section of the Land Use Plan:
Newport Shores
3. Newport Shores SAP. The Newport Shores Specific Area Plan includes commercial and
residential areas along the north side of West Coast Highway between the Santa Ana River
and the eastern bend of Seminiuk Slough. Land use designations within the plan area
include Retail and Service Commercial and Two - Family Residential, with two large sites in
the western end of the area shown for Multi - Family Residential land use. Areas designated
for commercial use are limited to a floor area ratio of 0.5/0.75. Total residential
development allocated is 2-93 295 dwelling units. Two - Family Residential areas allow two
dwelling units per lot (with 2,000 sq.ft. of buildable lot area) and Multi- Family Residential
areas allow two units for the first 2,400 sq.ft., plus one dwelling unit for each additional
1,500 sq.ft. of buildable lot area.
•
•
ATTACHMENT "C"
TO RESOLUTION NO. 1567
ORDINANCE NO. 2002-m_
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING CODE
AMENDMENT NO. 2002 -002 REQUESTING AN
AMENDMENT TO THE LAND USE MAP OF THE
NEWPORT SHORES SPECIFIC PLAN (SP#4) CHANGING
THE DESIGNATION OF 205 ORANGE STREET FROM
COMMERCIAL TO RESIDENTIAL (PA2001 -156).
Section 1. An application was filed by Mark Fairbanks on behalf of the property owner
Ronald Sutherland with respect to property located at 205 Orange Avenue and legally described as
Lot 5, Seashore Colony Tract, requesting to change the General Plan Land Use designation from
Retail & Commercial to Two - Family Residential, change the Local Coastal Plan designation from
Retail & Service Commercial to Two - Family Residential, and change the zoning designation within
the Newport Shores Specific Plan from Commercial to Residential (General Plan Amendment No.
2002 -002, Local Coastal Plan Amendment No. 2002 -001, and Code Amendment No. 2002 -002).
Section 2. A public hearing was held on August S, 2002 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 this meeting. At
the conclusion of this meeting, the Planning Commission adopted Resolution No. 1567 •
recommending that the City Council approve the requested applications.
Section 3. The proposed project has been determined to be Categorically Exempt
under the Class 3 (New Construction or Conversion of Small Structures) requirements of the
California Environmental Quality Act (CEQA), and the State CEQA Guidelines; and
Section 4. The City Council held a noticed public hearing on , 2002 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 at this
meeting.
Section 5: The City Council of the City of Newport beach does hereby approve Code
Amendment No. 2001 -002 as depicted in Attachment No. 1.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the
same shall become effective thirty (30) days after the date of its adoption.
Ir
Ordinance No. 2002-
Page 2 of 3
• This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on 2002, and was adopted on the day of by the
following vote, to wit:
•
ATTEST:
CITY CLERK
•
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
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EXHIBIT 5
h
City of Newport Beach
Planning Commission Minutes
August 8, 2002
INDEX •
SUBJECT: General Plan Amendment Initiation No. 2002 -004 (PA2002-
Item 1
134)
PA2002 -134
129 Agate Avenue
A request to initiate a General Plan Amendment, and an amendment to the Local
Recommended for
Coastal Program to change the land use designation and zoning for 3 separate
initiation
parcels from Retail & Service Commercial to Two-Family Residential.
Ms. Temple noted that this is an initiation of the General Plan Amendment, which will
also be considered by the City Council, and is not an approval of the subject
amendment. It only authorizes the applicant to submit related applications for
processing. The applicant . has indicated a desire to construct two, 2 -unit
condominium projects on the subject property. Condominium development of any
kind is prohibited on Balboa Island. The project could be duplexes or single - families
but could not be approved as condominium without a change to the code. The
applicant has been informed.
Following a brief discussion Ms. Temple noted that the applicant has six months to
proceed with this amendment if initiated by the City Council.
Public comment was opened.
Scott Laidlow, representing the applicant, noted that this process would go forward
•
for a two parcel, two-unit development or two larger homes. Both of those options
make more sense than the current three lot RSC development.
Public comment was closed.
Motion was made by Commissioner McDaniel to recommend that the City
Council approve General Plan Amendment Initiation No. 2002 -004.
Ayes: Agajonian, McDaniel, Kiser, Gifford, Selich
Noes: None
Excused: Tucker
SUBS General Plan Amendment No. 2002 -002, Local Coastal Plan
Item 2
Amendment No. 2002 -001, and Code Amendment No. 2002-
PA2001 -186
002(PA2001 -186)
205 Orange Street
Recommended for
Request to change the General Plan Land Use designation from Retail &
Commercial to Two-Family Residential, change the Local Coastal Plan designation
approval
from Retail & Service Commercial to Two-Family Residential, and change the zoning
designation within the Newport Shores Specific Plan from Commercial to Residential,
in order to replace an existing single - family dwelling with a duplex.
2
•
City of Newport Beach
• Planning Commission Minutes
August 8, 2002
•
•
Senior Planner James Campbell noted that this application is to change the
General Plan, the Local Coastal Plan and a zone change for land use designation.
If adopted, the existing single family home would become a conforming use. The
applicant's intent is to redevelop the site and construct a duplex. This is a General
Plan amendment and The affect of this will be Tracked for the next Ten years if
adopted in accordance with Council Policy A -18. This project would not require a
vote pursuant to the Greenlight initiative. The resolution is attached to The report.
Following a short discussion, it was determined that the text of The amendment
should have been attached as well but had not been prepared.
Ms. Temple noted the omission and suggested That The difference would be the
addition of two residential units and a deletion of approximately 1,350 commercial
square footage. The text will be attached to the resolution for signature.
Public comment was opened
Mark Fairbanks, 205 Orange St., noted that This residence has been in the family
since 1953 and that they wish to reconstruct it with a duplex.
Public comment was closed.
Motion was made by Commissioner McDaniel to adopt Resolution No. 1567,
recommending that the City Council approve the requested amendments.
Ayes: Agajonian, McDaniel, Kiser, Gifford, Selich
Noes: None
Excused: Tucker
SUBJECT: Code Amendment No. 2002 -001 (PA2002 -098)
3513 Finley Avenue
Request to change the front yard setback of 3513 Finley Avenue facing the Rivo Alto
channel established on District Map No. 3 from 40 feet to 20 feet.
Associate Planner Todd Weber noted the additional correspondence received after
the packet had been sent out`had been distributed at this meeting. The
correspondence was in supportof the project.
Public comment was opened.
Ben Anderson, applicant and adjacent owner at 3601 Finley noted:
• Beach house is 50+ years old and is termite infested.
• Purchased this house and hope to build a larger home.
• Worked with the neighbors and staff.
• Agrees with the staff report.
INDEX
Item 3
PA2002 -098
Recommended for
approval
l
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