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HomeMy WebLinkAbout04 - PA2004-066 - Code Amendment 2004-003 - 3315 Clay StreetCITY OF NEWPORT BEACH COUNCIL APPLIA • CITY COUNCIL STAFF REPORT NO` W 0 Agenda Item No. 20 May 25, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Rosalinh M. Ung, Associate Planner (949) 644 -3208 rung @ city. newport- beach.ca. us SUBJECT: Code Amendment No. 2004 -003 (PA2004 -066) Request to amend Districting Map No. 25 to establish a 10 -foot setback on Orange Avenue for a property located at 3315 Clay Street (PA2004 -066) INITIATED BY: City of Newport Beach ISSUE: Should the City Council approve an amendment to Districting Map No. 25 to establish a 10 -foot setback along Orange Avenue for a property located at 3315 Clay Street? RECOMMENDATION: Staff recommends that the City Council hold a public hearing and approve the amendment by introducing Ordinance No. 2004 and pass the ordinance to second reading on June 8, 2004. DISCUSSION: The subject property is a rectangular- shaped lot and is approximately 6,405 (61'x105') square feet in size. Located on the southwest comer of Orange Avenue and Clay Street, the property is surrounded with commercial developments to the north and west and residential developments to the north, south, and east. The General Plan Land Use designation for the property is Two Family Residential and the lot is zoned R -2 (Two Family Residential). The recently approved street vacation on Orange Avenue between Old Newport Boulevard and Clay Street increases the property's lot width by 10 feet, from 61 feet to 71 feet. Code Amendment No. 2004 -003 (PA2004 -066) May 25, 2004 Page 2 of 3 The proposed amendment is to address a concern with regard to the placement of future development at the subject property, which now could be closer to Orange Avenue. This amendment would change the building setback on Orange Avenue by establishing the location of a main building 6 feet further from Orange Avenue than would otherwise be allowed with a regular 4 -foot setback as set forth in the Code. On May 6, 2004, the Planning Commission voted unanimously to recommend the City Council approve the amendment to Districting Map No. 25 to establish a 10- foot setback along Orange Avenue for the subject property. The attached Planning Commission Staff Report (Attachment D) includes a discussion of the proposed request. Should the City Council wish to accept the Planning Commission's recommendation to approve the proposed amendment, the City Council should approve and introduce the Draft Ordinance (Attachment A). Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations), pertaining to minor alternations in land use limitations which do not result in any changes in land use or density of the property. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: salinh M. Ung', A sociate Planner Submitted by: Patricia L. Temple " Planning Director 0 9 Code Amendment 0 Exhibits: A. Draft City Council Ordinance B. Planning Commission Resolution No. 1360 C. Excerpt of the draft minutes from the May 6, 2004, Planning Commission meeting D. Planning Commission Staff Report E. Districting Map No. 25 0 0 No. 2004 -003 (PA2004 -066) May 25, 2004 Page 3 of 3 3 0 y EXHIBIT A DRAFT CITY COUNCIL ORDINANCE ORDINANCE NO. 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. 2004 -003 AMENDING DISTRICTING MAP NO. 25 TO ESTABLISH A 10 -FOOT SETBACK ON ORANGE AVENUE FOR A PROPERTY LOCATED AT 3315 CLAY STREET (PA2004 -066) WHEREAS, a proposed amendment to the Zoning District maps was initiated by the City of Newport Beach on April 13, 2004, to amend Districting Map No. 25 to establish a 10 -foot setback on Orange Avenue for a property located at 3315 Clay Street. WHEREAS, a public hearing was held by the Planning Commission on May 6, 2004, 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. 1630, recommending that the City Council approve the proposed amendment to the zoning district map. WHEREAS, the City Council held a public hearing on May 25, 2004, 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. WHEREAS, the General Plan Land Use designation for the property is Two Family Residential and the lot is zoned R -2 (Two Family Residential). The approved street vacation on Orange Avenue between Old Newport Boulevard and Clay Street increases the property's lot width by 10 feet, from 61 feet to 71 feet. WHEREAS, the proposed amendment is to address a concern with regard to the placement of future development at the subject property, which could be now closer to Orange Avenue. This amendment would change the building setback on Orange Avenue by establishing the location of a main building 6 feet further from Orange Avenue that would otherwise be allowed with a regular 4 -foot setback as set forth in the Code. WHEREAS, the proposed request has been determined to be Categorically Exempt under the Class 5 (Minor Alterations in Land Use Limitations) requirements of the California Environmental Quality Act (CEQA). Section 1; The City Council of the City of Newport Beach approves Code Amendment No. 2004 -003 as depicted in Attachment 1". 5 Ordinance No. 2004 - Page 2 of 2 Section 2: 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. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2004, and adopted on the _ day of 2004, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS IUVWCi0 ATTEST: CITY CLERK 6 • LJ CI 7- EXHIBIT B PLANNING COMMISSION RESOLUTION RESOLUTION NO. 1630 DRAFT A RESOLUTION OF THE PLANNING COMMISSION OF • THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE CODE AMENDMENT NO. 2004 -003, FOR PROPERTY IDENTIFIED AS 3316 CLAY STREET (PA2004 -066) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS: WHEREAS, the City Council vacated a portion of Orange Avenue making the subject property 10 feet wider. In conjunction with the vacation, the City Council required that the setback on Orange Avenue be increased to 10 feet as opposed to the 4 -foot standard setback. The Council did not want any future residence on the lot to be constructed within the vacated portion of Orange Avenue. WHEREAS, the amendment was initiated by the City of Newport Beach, to amend Districting Map No. 25 to establish a 10 -foot setback along Orange Avenue for the property located at 3315 Clay Street, legally described as Lot 1, Block 6, Tract 27. WHEREAS, a public hearing was held on May 6, 2004, 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. WHEREAS, the General Plan Land Use designation for the property is Two Family Residential and the lot is zoned R -2 (Two Family Residential). The proposed amendment does not impact the use of the property. WHEREAS, the proposed 10 -foot setback is appropriate considering the recent vacation of Orange Avenue. The setback in conjunction with the 10 -foot vacation does not negatively impact the buildable area and floor area. WHEREAS, the setback area fronting Orange Avenue is defined as a side yard pursuant to the Code. Nevertheless, for the purpose of implementing development standards, it would be considered as a front yard and is subject to the 3 -foot height restriction. WHEREAS, the project is categorically exempt under the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations). 9- 0 City of Newport Beach Planning Commission Resolution No. _ Page 2 of 2 0 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach hereby recommends that the City Council approve Code Amendment No. 2004 -003 (PA- 2004 -066). PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF MAY 2004. M M3 Earl McDaniel, Chairman Michael Toerge, Secretary AYES: Eaton, Cole, Toerge, McDaniel Selich, Kiser and Tucker NOES: None 0 DRAFT 0 q 0 • 10 EXHIBIT C DRAFT MINUTES FROM MAY 63 2004 PLANNING COMMISSION MEETING Planning Commission Minutes 05/06/2004 Page 24 of 26 Ms. Clauson answered that there is a general condition that the ap \itw comply with all state laws. Cucker noted that it is not enforceable. He then asmission what in particular is the condition that mhile the granting the intensity. Commissi oner aton answered that all of the conditions the police department had ked for and his impression was that a few of these other conditio s did not apply to the site now. Ms. Temple noted that ese are all new conditions that will apply to the site. The chan s were from the original proposed conditions. Ms. Temple noted that condition 0 that was deleted is a standard condition for ABO use permits or or use permits for the Alcohol Beverage Outlet Ordinance. It s incorporated into these conditions for approval, however, we ve noted there is no ABO Use Permit for you and thought it approp 'ate to eliminate it. Ms. Clauson noted it is a nexus issue. Yo may not necessarily have to have an ABO use permit applica ' n before you to determine that there is a need for this condition the operation of that business even as a restaurant. I suggest th if you want to put it in, you should. Ms. Temple noted that she would like to put in an additio I finding in the resolution that would indicate that conditions of thi ature are necessary because of the increase in occupancy eing granted. The maker of the motion agreed. Mr. Bill Hodge stated that these changes are acceptable noting the right to appeal to the City Council. Ayes: Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Tucker Noes: None DRA'- Absent: None Abstain: None SUBJECT: Districting Map No. 25 (PA2004 -066) ITEM NO. 5 . 3315 Clay Street PA2004 -066 An amendment to Districting Map No. 25 to establish a 10 -foot Recommended for it file: / /H: \Plancomm \2004 \0506.htm 05/13/2004 Planning Commission Minutes 05/06/2004 setback for 3315 Clay Street from Orange Avenue. Public comment was opened. Public comment was closed. Motion was made by Commissioner Tucker recommending approval of Code Amendment 2004 -003 (PA2004 -066) to the City Council. Ayes: Eaton, Cole, Tucker Noes: None Absent: None Abstain: None BUSINESS: Toerge, McDaniel, Selich, Kiser and a. Council Follow -up - Ms. Temple noted that the City Cou it initiated a General Plan Amendment for property located t San Miguel Drive and MacArthur Blvd., to multi- family re ' ential as part of our Housing Element implementatio plan; approved a Professional Services Agreement with conomic and Planning Systems, Inc. to conduct for the Ci an in -lieu housing fee analysis; they forwarded comments EQAC on the EIR on a project in Irvine Business comple a discussion of Measure S guidelines; and initiated a c e amendment regarding city height and grade regulations. b. Oral report from Planning Commission epresentative to the Economic Development Committee - nor rt. c. Report from Planning Commission's represent 'ves to the etin General Plan Update Committee - there will be a g on Monday, May 10th at 3:30 p.m. d. Matters which a Planning Commissioner would like staff tbK report on at a subsequent meeting - none. e. Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none. f. Status Reports on Planning Commission requests - none. g. Project status - There is no need for the special meeting on Page 25 of 26 approval DRAFT ADDITIONAL BUSINESS • file: //H: \Plancomm \2004 \0506.htm 05/13/2004 0 • i3 EXHIBIT D PLANNING COMMISSION STAFF REPORT CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 5 May 6, 2004 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208 rung @city. newport-beach.ca. us SUBJECT: 3315 Clay Street Code Amendment No. 2004 -003 (PA2004 -066) INITIATED BY: City of Newport Beach ISSUE: Should the Planning Commission recommend the City Council approve an amendment to the Districting Map No. 25 to establish a 10 -foot setback along Orange Avenue for a property located at 3315 Clay Street? RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the amendment to the City Council by adopting the attached draft resolution. DISCUSSION: Background: On March 23, 2004, the City Council approved vacation of a portion of Orange Avenue between Old Newport Boulevard and Clay Street in order to accommodate the medical office development at 494/496 Old Newport Boulevard. The street vacation will abandon approximately 10 feet along the southerly portion of Orange Avenue. The abandonment affects two properties 494/496 Old Newport Boulevard and 3315 Clay Street, and increases the lot width 10 feet. 0 /f ILI 0 L-1 CA2004 -003 May 6, 2004 Page 2 VICINITY MAP I �71 Z R VE ORN� A l•- J �. 'S% •.l nr Single family residential '•• f 'h i ' N t'•.t f4; 1• a l,ti•.;..y;.` :••.. UI To the west: Commercial and uses including the recently approved medical office building ` `� . , -•. �I ". �,z 9700 a' 3301 _ (q�J IS '1. ]1rk vac .•'r.f 4G7 .ov ]245 ez 0 126ftt �z5e E 461 S, 1' J �. 'S% •.l nr Single family residential To the north: i ' N t'•.t To the south: Residential To the west: Commercial and uses including the recently approved medical office building ` `� . , -•. �I ". �,z 9700 a' 3301 _ ]245 ez 0 126ftt �z5e 3315 Clay Street Code Amendment No. 2004 -003 (PA2004 -0661 Current Development: Single family residential To the north: Commercial and residential uses To the east: Residential To the south: Residential To the west: Commercial and uses including the recently approved medical office building /S" CA2004 -003 May 6, 2004 Page 3 The City Council raised a concern with regard to the placement of future development at 3315 Clay Street, which could now be located much closer to Orange Avenue. To address this concern, the City Council voted to approve the vacation with a stipulation requiring the property to maintain a 10 -foot setback from Orange Avenue as opposed to the standard 4 -foot setback. The Council directed staff to implement the setback change. The only way to implement a specific setback rather than using the standard setback identified by the Code is to place the setback on the Districting Map. On April 13, 2004, the City Council initiated the amendment. Site Overview: Located on the southwest comer of Orange Avenue and Clay Street, the subject property is a rectangular- shaped lot and is approximately 6,405 (61'x105') square feet in size. Surrounding land uses include commercial developments to the north and west and residential developments to the north, south, and east. Analysis: The General Plan Land Use designation for the property is Two Family Residential and the lot is zoned R -2 (Two Family Residential). The vacation would increase the property s lot width from 61 feet to 71 feet. The proposed amendment will establish the location of a main building 6 feet further from Orange Avenue that would otherwise be allowed with a regular 4 -foot setback as set forth in the Code. The setback area fronting Orange Avenue is defined as a side yard pursuant to the Code. However, for the purpose of implementing development standards, it would be considered as a front yard and is subject to the 3400t height restriction. Additionally, the setback annotated on the districting map does not affect the allowable building area because the Planning Commission has previously determined that the buildable area used for calculating permitted floor area should use the Code defined side yard of 4 feet. The following table illustrates this determination: For siting of building only, all other regulations would apply. L 0 Existing Pro osed Front setback on Clay Street 20' 20' Side yard setback 4' 4' Side yard setback on Orange Avenue 4' '10' Rear yard setback 10' 10' Buildable Area 4,725 sf. 4,725 sf. Floor area limit 2.00 9,450 sf. 9,450 sf. For siting of building only, all other regulations would apply. L 0 0 • CA2004 -003 May 6, 2004 Page 4 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 5 (Minor Alterations in Land Use Limitations). Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Conclusion: The proposed amendment is consistent with the Council's desire to provide an increased structure setback for this property. Staff recommends that the Planning Commission adopt the attached resolution (Attachment A). Prepared by: R salinh Ung, Associate Planner Attachments: Submitted by: Patricia L. Temple, Olanning Director A. Resolution No. B. City Council Staff Report dated April 13, 2004 C. Excerpt of Minutes dated April 13, 2004 D. Districting Map No. 25 /-' %I J -° cq y V F- a ! �i ' W N �1 �` �� (� 0� F- U) i0 N -� 9A 0� �f ►fin CL e � ~ m `r> - z P w 'a - Nuo 60 z c v\ 0 a o ro 0 z -oz- "J F- � d Z n g o Vo W Y Q 0 =a 1 "� Vw tt H cn R'oA Q ti CL O Oil$ a TIA S 'oN dbhv 33f 'I Ik - s x _ 't DA /be Yn />Y1Y� � C • a . F 7AY t 3AY a �y 'D V' BLVD a O p ci. °aD q N SQ. N r °P. ' Rr _ a . 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WHEREAS, a public hearing was held by the Planning Commission on May 6, 2004, 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. 1630, recommending that the City Council approve the proposed amendment to the zoning district map. WHEREAS, the City Council held a public hearing on May 25, 2004, 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. WHEREAS, the General Plan Land Use designation for the property is Two Family Residential and the lot is zoned R -2 (Two Family Residential). The approved street vacation on Orange Avenue between Old Newport Boulevard and Clay Street increases the property's lot width by 10 feet, from 61 feet to 71 feet. WHEREAS, the proposed amendment is to address a concern with regard to the placement of future development at the subject property, which could be now closer to Orange Avenue. This amendment would change the building setback on Orange Avenue by establishing the location of a main building 6 feet further from Orange Avenue that would otherwise be allowed with a regular 4 -foot setback as set forth in the Code. WHEREAS, the proposed request has been determined to be Categorically Exempt under the Class 5 (Minor Alterations in Land Use Limitations) requirements of the California Environmental Quality Act (CEQA). Section 1: The City Council of the City of Newport Beach approves Code Amendment No. 2004 -003 as.depicted in Attachment "1 ". Section 2: 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. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 25th day of May, 2004, and adopted on the 8th day of June, 2004, by the following vote, to wit: AYES, COUNCIL MEMBERS Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None PO MAYOR RTe o ATTEST: CALI 5:0 OallhwuL . i� CITY CLERK � � S "oN dN4v 33s � �ilibo YN�] ✓l Y1 � r14` a 4 y'1 n 0 � i 3nr o'° 3 'pN CL aivo � a�¢�S {Ifii�'�$ YN 'LAP 'o� s WPaRrri °' Yg p :�iB ii�ee�4S $n ✓f r z� a ��3 C o � • Q' A 0 o z�r i N YQ i :'J' LL ar a 4 + +r <ae✓r 11 v zP3 � < R°Aa ¢ CL W L LL LL � o d a Q a i a• Q — � QLL LL � 25 qaq.55 i m 3n r zioia'�dns u ,Q a ` s e _ w _ fut LL rWy r b ✓SJ \J / o� i i P < P' W W f W 'Yy �m JE m� yb V%0 r�4 3 so y k i as �• � s � 5'� u �r �b q ;:'�[�,}��T fix' P z1 � �g7 o� •�� F,L 4 � 8 n is �e�FF�p�c�i 4Qo i •• „L+ g3gYgtlqqfi:¢: \ -i rr nx +nr axiuialuo aar STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. 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 ordinance, being Ordinance No. 2004 -10 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 8th day of June 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of June 2004. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION 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 Ordinance No. 2004 -10 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 daily newspaper of general circulation on the following date, to wit: June 12, 2004. 2004. In witness whereof, I have hereunto subscribed my name this day of City Clerk City of Newport Beach, California