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Home My WebLink About06 - Curci Property - 129 Agate Avenue - PA 2002-244 - GPA 2002-003• CITY OF NEWPORT BEACH 12 5113 SUPPLEMENTAL CITY COUNCIL STAFF REPORT Agenda Item No. 10 April 22, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Gregg B. Ramirez, Associate Planner (949) 644 -3219, gramirezaacity .ngwport- beach.ca.us SUBJECT: Curci Property, 129 Agate Avenue General Plan Amendment No. 2002 -003, Local Coastal Program Amendment No. 2003 -001, Code Amendment No. 2002 -009, Newport Parcel Map No. 2002 -031 (PA2002 -244) APPLICANT NAME: John M. Curci, Property Owner ISSUE: Attached are the minutes from the April 3, 2003 Planning Commission hearing regarding the above referenced application. Prepared by: A 9. - Gregg 5 Ramire z, Associate lanner Attachments: Submitted by: Patricia L. Temple, Planning Director A. Excerpt of minutes from the April 3, 2003 Planning Commission hearing ATTACHMENT EXCERPT OF MINUTES FROM THE APRIL 3, 2003 PLANNING COMMISSION HEARING 0 0 S City of Newport Beach • Planning Commission Minutes April 3, 2003 INDEX o approve Modification Permit No. 2003 -012 with the wall at 7 feet. Ayes: Toerge, Agajanian, iser, Selich, Tucker Excused: Gifford SUBJECT: Generl Plan Amendment (PA2002 -244) 129 Agate Avenue Request to amend the General Plan and Local Coastal Program land use designations from Retail and Service Commercial (Residential) to Two - Family Residential, amend the Zoning Code to change the Zoning District from Retail and Service Commercial (RSC -R) to Restricted Two - Family Residential (R -1.5). The application also requests approval of a parcel map that would create two parcels out of the three existing lots for the future construction of up to four dwelling units. Chairperson Kiser recused himself from this matter as he had been compensated within the last year by the applicant in a different partnership. He then turned the meeting over to Vice Chairman McDaniel. • Mr. Ramirez confirmed that the Planning Commission received revised page 4 of the draft resolution and the conditions of approval for the parcel map that were omitted with the staff report. Scott Laidlaw, architect spoke for the applicants noting the following: The change in use is due to a change in ownership. Looking for a viable use for the property at the current property value as the service commercial use, given the current values and traffic patterns, is not a viable use. • The pedestrian traffic associated with the ferry splits and takes the boardwalk along ocean front or at best, goes along the s/w side of the street with the destination back towards the village. There is existing commercial use on this section of Agate, it is older use associated with property values that go back with that older ownership. • The existing parking use, though convenient, currently is clearly not a viable use given the value of the property's location. The R1.5 use is a much better use. We will look at probably doing single family homes, although we do not know for sure at this point as that is consistent with the uses on the two sides of the property. The proposed change will reduce the intensity of land use. • We ask that the Commission adopt staff recommendation number one and approve this application. He requested clarification of condition 6 regarding the 10 foot radius corner cutoff as it seems at odds with the setbacks. • At Commission inquiry he added: Item No. 5 PA2002 -244 Recommended for Approval City of Newport Beach Planning Commission Minutes April 3, 2003 • The three lot use does not support residential use consistent with the other residential use on Balboa Island. • The idea is to go from three to two lots and then have residential lots that will be slightly larger but more consistent with the neighborhood. This will result in either single family or duplex homes on each lot. Both of those development patterns are consistent with the residential development already on Balboa Island. This is generally a lower intensity use. There will only be two property owners, whether there is a duplex or single family residence that decision has not been made yet. However, they are leaning towards two single family homes. Y The garages are off the alley. Commissioner Tucker noted: The pure housing is rather incompatible with the area. Something other than a parking lot is certainly an entitlement, although the parking is nice to have there. Public comment opened. Alan Beek, resident of Balboa Island noted that this conversion is a great idea and more is needed in the City. He asked that this be approved. Public comment was closed. Motion was made by Commissioner Agajanian to recommend approval to the City Council of General Plan Amendment No. 2002 -003, Local Coastal Program Amendment No. 2003 -001, Code Amendment No. 2002 -009, Newport Parcel Map No. 2002 -031 (PA2002 -244). Ayes: Toerge, Agajanian, McDaniel, Selich, Tucker Recused: Kiser Excused: Gifford Ensign Residence (PA2003 -006) 3415 Ocean Blvd. Request for a Variance ow portions of a new single - family residence to exceed the 24 -foot height limit also includes a request for a modification permit to allow subterran ortions of 3 floors of the new residence to encroach into the required 10 -foot fro d setback. The applicant does not request to exceed the top of curb height of Ocea vard. Chairperson Kiser noted the additional conditions of approval distributed. 0 ik INDEX • Item No. 6 PA2003 -006 Approved • • 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 April 22, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Gregg Ramirez, Associate Planner (949) 644 -3219 gramirez .city.newport- beach.ca.us SUBJECT: Curci Property, 129 Agate Avenue General Plan Amendment No. 2002 -003, Local Coastal Program Amendment No. 2003 -001, Code Amendment No. 2002 -009, Newport Parcel Map No. 2002 -031 (PA2002 -244) APPLICANT NAME: John M. Curd, Property Owner 0 ISSUE: Should the City Council approve a request to amend the General Plan and Local Coastal Program land use designations from Retail and Service Commercial (Residential) to Two - Family Residential, amend the Zoning Code to change the Zoning District from Retail and Service Commercial (RSC -R) to Restricted Two - Family Residential (R -1.5) and approve a parcel map that would create two parcels out of the three existing legal lots? RECOMMENDATION: Staff recommends that the City Council hold a public hearing and approve the applications by adopting Resolution No. 2003 - and by introducing Ordinance No. 2003- and pass to second reading on May 13, 2003. DISCUSSION: The City Council took action on August 27, 2002 to initiate the requested amendments to the General Plan, Local Coastal Program and Zoning Code. On April 3, 2003, the Planning Commission voted to recommend that the City Council approve the proposed amendments and an accompanying parcel map creating two parcels out of the three existing legal lots. The Commission considered the following issues: whether a pure residential use was appropriate for this location; the permanent loss of commercial property on Balboa Island; how the proposal fits into the ongoing general plan update process; and the resulting density Curci GPA April 22, 2003 Page 2 of 3 of up to four residential units. The Commission finally concluded that the change in land use is acceptable and should be approved. The attached Planning Commission Staff Report (Attachment E) includes a discussion of the proposed amendments and parcel map and, includes a reduced copy of the proposed parcel map and a conceptual site plan. Should the Council wish to accept the Planning Commissions recommendation to approve the project, the Council should adopt the attached Draft Resolution (Attachment A) and introduce the included Draft Ordinance (Attachment B). 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 (Residential construction in an urbanized area), Class 5 (Minor Alterations in Land Use Limitations) and Class 15 (Minor Land Divisions). Under these exemptions, up to 6 units can be constructed in an urbanized area provided the project does not impact environmentally sensitive resources. The site is currently used as a parking lot within an urbanized area, utilities are available and no significant environmental resources are located on the site. Public Notice: A public notice was prepared in accordance with the Municipal Code. It was published in the Daily Pilot, posted at the site and mailed to surrounding property owners. Alternatives: The City Council has the following alternatives to consider: 1. Defer consideration of the applications until after the General Plan update process is concluded, in which case, staff would recommend removing the item from calendar; or 2. Deny the request. Prepared by: 144-:", /-S &!�'- Gregg Or Kamirez , Associate fanner Submitted by: . eq ) A Patricia L. Temple, Pla ning Director 0 0 0 Curd GPA April 22, 2003 Page 3 of 3 Attachments: A. Draft City Council Resolution B. Draft City Council Ordinance C. Planning Commission Resolution No. 1593. D. Excerpt of the draft minutes from the April 3, 2003 Planning Commission meeting. E. Planning Commission Staff Report (includes parcel map and conceptual site plan) F. Land Use Map 0 0 ATTACHMENT A DRAFT CITY COUNCIL RESOLUTION 0 3 RESOLUTION NO. _ • 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 City Council Resolution No. Page 2 of 10 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 9 City Council Resolution No. Page 3 of 10 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 Is U City Council Resolution No. Page 4 of 10 • 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 A City Council Resolution No. Page 5 of 10 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. 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 NOES, COUNCIL MEMBERS 0 a 9 ABSENT, COUNCIL MEMBERS ATTEST: CITY CLERK 0 0 MAYOR City Council Resolution No._ Page 6 of 10 0 City Council Resolution No. Page 7 of 10 ATTACHMENT NO. 1 TO RESOLUTION NO. 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 Balboa Island 2,160 ',� 2,712 548 552 0 0 0 !. Marine Avenue 37 62 25 92,478 101,275 8,797 S. Agate Avenue 31 31 0 26,350 46,46442,636 20,111 16 TOTAL 2,228 2,805 573 577 118,828 147,736 143,911 28,908 25 4,411 5,546 1,135 0 0 ,b City Council Resolution No. Page 8 of 10 0 ATTACHMENT NO. 2 TO RESOLUTION NO. 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]. 40 City Council Resolution No. Page 9 of 10 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. 0 N)-� City Council Resolution No. Page 10 of 10 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. 0 13 ATTACHMENT B DRAFT CITY COUNCIL ORDINANCE • 0 0 1A 0 ORDINANCE NO. 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. 2002 -009 REQUESTING AN AMENDMENT TO DISTRICTING MAP 13 CHANGING THE DESIGNATION OF 129 AGATE AVENUE FROM COMMERCIAL TO RESIDENTIAL AND DESIGNATING THE FRONT YARD SETBACK TO BE SIX (6) FEET (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 zoning designation from Retail and Service Commercial (RSC -R) to Restricted Two - Family Residential (R -1.5) (Code Amendment No. 2002 -009). 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 this meeting. At the conclusion of this meeting, the Planning Commission adopted Resolution No. 1593 recommending that the City Council approve the requested amendment. Section 3. The City Council held a noticed public hearing 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 at this meeting. Section 4. 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 (Residential construction in an urbanized area), Class 5 (Minor Alterations in Land Use Limitations) and Class 15 (Minor Land Divisions). Section 5: The City Council of the City of Newport Beach does hereby approve Code Amendment No. 2002 -009 as depicted in Attachment No. 1. \5 Ordinance No. 2003 - Page 2 of 3 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. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2003, and adopted on the _ day of , 2003, by the following vote, to wit: AYES, COUNCIL MEMBERS, NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS • MAYOR ATTEST: CITY CLERK ,Q 1 • ,P 1RNIA OENTIAL �A 1, ATTACHMENT NO. 1 1 /4 / Q m ?v 2 79 J ,• \ ORD.NO. 635 OEC t6.1950 Ordinance No. 2003 -_ Page 3 of 3 1_ _ h a •,voarN B.ar Fao�vr 0 4 e 1) \y L �\ z u. rJC o 6 1` U4P N0. )\ 111 ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 1593 0 0 0 �q 9 RESOLUTION NO. 1593 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2002 -003, LOCAL COASTAL PLAN AMENDMENT NO. 2003 -001, CODE AMENDMENT NO. 2002 -009 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 & Commercial to Two - Family Residential, change the Local Coastal Plan designation from Retail & Service Commercial to Two - Family Residential, and change the zoning designation from Retail and Service Commercial to Two Family Residential (Restricted). 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 this meeting. Section 3. The Planning Commission 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, 0 Planning Commission Resolution No. 1593 Page 2 of 9 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. The proposed subdivision is consistent with the proposed General Plan Amendment and the R -1.5 Zoning District. Additionally, the parcel map is consistent with the Newport Beach Subdivision Code (Title 19) because the findings for the reduced parcel size have been made. 6. 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. 7. 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. IN Planning Commission Resolution No. 1593 Page 3 of 9 8. 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. 9. 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. 10.The property is not located within the boundaries of a specific plan, planned community nor subject to a Williamson Act contract. 11. 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. 12.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. 13. 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. 14.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. M Planning Commission Resolution No. 1593 Page 4 of 9 15.The proposed subdivision design is consistent with Section 19.24.130 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. 16. 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 Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2002- 003 as depicted in Attachment "A ", Local Coastal Plan Amendment No. 2003 -001 as depicted in Attachment "B ", Code Amendment No. 2002 -009 as depicted in Attachment "C" and Newport Parcel Map No. 2002 -031 subject to the Conditions set forth in Attachment "D ". PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF APRIL 2003. AYES: Toerge, Agaianian, McDaniel. Selich and Tucker RECUSED: Kiser NOES: None ABSENT: Gifford FO-W Steven Kiser, Chairman BY: Shant Agajanian, Secretary M Planning Commission Resolution No. 1593 Page 5 of 9 . ATTACHMENT "A" TO RESOLUTION NO. 1593 • LJ 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 Balboa Island 2,160 2,768 2,712 548 552 0 0 0 Marine Avenue 37 62 25 92,478 101,275 8,797 Agate Avenue 31 31 0 26,350 45;45442,636 20,11116 TOTAL 2,228 2,805 -57-3577 118,828 44736 143,911 28,908 25 ipulation 4,411 5,546 1,135 �3 Planning Commission Resolution No. 1593 Page 6 of 9 ATTACHMENT "B" TO RESOLUTION NO. 1593 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 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. [Local Coastal Program Amendment No. 2003 -001]. • • 9A • 7j ,P R N I A 0NTIAL L :RCIA1. Planning Commission Resolution No. 1593 Page 7 of 9 ATTACHMENT "C" TO RESOLUTION NO. 1593 2' Jy ORO, NO, 63S DEC t6, 1950 rN 94Y F.IOA/r 0 4 e W 1' s r'o" ti P CL Ch > �6 \ T UJ7K 0 a� �1 u4P N0. I� VJI II Planning Commission Resolution No. 1593 Page 8 of 9 ATTACHMENT "D" 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. E • E SO Planning Commission Resolution No. 1593 Page 9 of 9 • 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. L J a"I ATTACHMENT D EXCERPT OF DRAFT MINUTES FROM THE APRIL 3, 2003 PLANNING COMMISSION HEARING 0 aq The final Planning Commission minutes for this item will be distributed to the City Council in the supplemental agenda packet on Friday, April 18, 2003. i • ATTACHMENT E PLANNING COMMISSION STAFF REPORT 0 E 0 J1 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 5 April 3, 2003 TO: PLANNING COMMISSION FROM: Planning Department Gregg B. Ramirez, Associate Planner (949) 644 -3219 gramirezo7city.newport- beach.ca.us SUBJECT: Curci Property, 129 Agate Avenue General Plan Amendment No. 2002 -003, Local Coastal Program Amendment No. 2003 -001, Code Amendment No. 2002 -009, Newport Parcel Map No. 2002 -031 (PA2002 -244) Request to amend the General Plan and Local Coastal Program land use designations from Retail and Service Commercial (Residential) to Two - Family Residential, amend the Zoning Code to change the Zoning District from Retail and Service Commercial- Residential (RSC -R) to Restricted Two - Family Residential (R -1.5). The application also requests approval of a parcel map that would create two parcels out of the three existing lots for the future constuction of up to four dwelling units. APPLICANT NAME: John M. Curci, Property Owner ISSUE: Should the Planning Commission recommend approval to the City Council a request to amend the General Plan and Local Coastal Program land use designations from Retail and Service Commercial (Residential) to Two - Family Residential, amend the Zoning Code to change the Zoning District from Retail and Service Commercial (RSC -R) to Restricted Two - Family Residential (R -1.5) and approval of a parcel map that would create two parcels out of the three existing legal lots? RECOMMENDATION: Staff recommends that the Planning Commission take one the following actions: 1. Recommend approval of the applications to the City Council by adopting the attached draft resolution; or 2. Defer consideration of the applications until after the General Plan update process is concluded, in which case, staff would recommend removing the item from calendar; or 3. Deny the request. Curd GPA April 3, 2003 Page 2 J 0 V* 277 _., %�: _ - 202, , .. �::2.:, '.'•. ��. 7?7 7b 2g ? �s �ry� Subject Property I30,. ..., 2 77n�G / 72727 7 3 . a^ / 7 71/E,/ 727 7 �� `C / 779 ? /v 7730 v V` 0 ®0 Feet VICINITY MAP Nom= s 129 Agate Avenue General Plan Amendment No. 2002 -003, Code Amendment No. 2002 -009, Parcel I I Map No. 2002 -031 PA2002 -244 Current Development: Parking Lot To the north: Residential To the east: Commercial and Mixed Use Commercial and Residential across Agate) I To the south: Balboa Hotel and Residential I To the west: Single and Two-Family Residential Across alley) I J 0 V* • Curci GPA April 3, 2003 Page 3 DISCUSSION: Background: A letter was received from the property owner, John Curci on June 21, 2002, requesting that the subject property be redesignated from commercial to residential for the purposes of constructing either a new duplex or single - family residence on each of two proposed lots. The Planning Commission considered the request on August 8, 2002, and took action to recommend to the City Council that a General Plan Amendment and Local Coastal Plan Amendment be initiated. The City Council took action on August 27, 2002 to initiate the requested amendments. Site Overview The subject property is located on the southwesterly corner of Park Avenue and Agate Avenue on Balboa Island. The property is currently comprised of three 30' wide x 85' deep legal lots (Balboa Island Resubdivision, Section 1, Block 7, Lots 17, 18, 19) for a total land area of 7,650 square feet. The property is currently developed and operated as a commercial parking lot. The lot consists of 18 parking spaces and users must pay a fee to park vehicles on the lot. • Surrounding land uses include single and two family residential (R -1.5 Zoning District) across the alley to the west, single, two and multi family residences to the north and northeast across Park Avenue, mixed use (hotel and residential) uses directly adjacent to the south and mixed commercial and residential uses to the southeast (across Agate Avenue). Analvsis The applicant requests to amend the General Plan and Local Coastal Program land use designations from Retail and Service Commercial (Residential) to Two - Family Residential and amend the Zoning Code to change the Zoning District from Retail and Service Commercial - Residential (RSC -R) to Restricted Two - Family Residential (R -1.5). The Code Amendment includes a request to establish a 6 -foot front yard setback instead of the standard 20 -foot setback required by the R -1.5 Zoning District. In conjunction with the proposed amendments, the applicant requests approval of a parcel map that would create two parcels out of the three existing legal lots. The applicant has indicated that if approved, each lot would be developed with either a single family dwelling or duplex. General Plan Amendment The subject property is located within General Plan Land Use Element Statistical Area • E3 (Agate Avenue). The Agate Avenue Statistical Area is designated for Retail and 3A Curci GPA April 3, 2003 Page 4 Service Commercial .uses with residential uses permitted on the second floor or above • only, with one residential dwelling unit permitted per lot. The Land Use Element of the General Plan sets forth objectives, policies and limitations for development in the City and designates the general distribution and location of land uses and residential and commercial densities. During its review, staff found that policies A, B, and F should be considered. Land Use Element Policy A states: "The City shall provide for sufficient diversity of land uses so that schools, employment, recreation areas, public facilities, churches and neighborhood shopping center 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 it does not eliminate the entire commercial district. Additionally, the nearby Marine Avenue and Balboa Peninsula commercial areas provide Balboa Island residents, visitors and workers access to a variety of commercial and retail establishments. Land Use Element Policy B states: 0 "To insure redevelopment of older or underutilized properties, and to preserve the value of property, the floor area limits specified on 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 on the trip generation characteristics of land uses. (GPA96- 1(D)J." Traffic and parking generation is typically higher for commercial uses as opposed to residential uses. 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 typically lower than those for general retail, commercial and mixed uses. 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, that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses and that the appearance of, and activities conducted within, industrial developments are J5 • Curci GPA April 3, 2003 Page 5 also compatible with surrounding land uses and consistent with the public health, safety and welfare." The subject property fronts the Agate Avenue commercial area however, residential land uses are found across the alley to the west and northerly across Park Avenue. Should the proposed amendment and accompanying Code Amendment be approved, residential development on the property will be subject to the R -1.5 development regulations to ensure compatibility with the surrounding neighborhood. The Commission must determine whether a solely residential use is appropriate for a street front dominated by commercial and mixed (commercial and residential) uses and purely residential uses to the rear (across the alley) and across Park Avenue. Additionally, the loss of parking accessible to the public should also be considered. However, it must be kept in mind that the property owner would be able to develop the subject property, and remove the parking lot with commercial or mixed -use by right without obtaining discretionary or legislative approval under the RSC -R zoning provisions. Furthermore, the Commission must consider the larger underlying issue of how the proposed amendment will affect the vitality and longevity of the Agate Avenue . commercial district as a whole. Although the current incarnation of the commercial district is small, Agate Avenue is the access point for the Balboa Island ferry and sees a fair amount of vehicular thru traffic and visitor and resident pedestrian traffic. The businesses there serve Balboa Island residents, visitors and the year round population of workers. While the present use of the subject property is not a traditional business, the proposed amendment will permanently remove the property from the stock of commercial properties and contract the Agate Avenue commercial district. Approving the proposed amendment may result in subsequent general plan and code amendment requests for other Agate Avenue commercial lots therby creating the potential for further reductions in the size of the commercial district. Finally, the Commission should also consider whether the proposed amendment should be considered as part of the overall review of commercial districts associated with the ongoing General Plan update process or on its own merits. Measure S Analysis (Greenlight) The amendments consist of a change in the land use designation from Retail & Service Commercial to Two - Family Residential. Since the current regulations classify the subject property as mixed use with three dwelling units permitted, the amendments will result in a net increase in the number of permitted residential dwelling units by one and a decrease in commercial floor area of 3,825 square feet within the General Plan. The . addition of one dwelling unit 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 �b Curci GPA April 3, 2003 Page 6 • pursuant to Measure S (Greenlight) are exceeded. If the City Council approved the recommended amendments, it will become a "prior amendment" that will be tracked for ten years. During this time period, the dwelling units and traffic generated by this amendment will be added to any future amendments or other applicable changes within this statistical area in the General Plan land uses to determine if a threshold is exceeded and a vote is required. Local Coastal Plan Amendment The subject property is located within the Balboa Island Area (Agate Avenue). Like the General Plan, the Local Coastal Plan designates the subject property for Retail and Service Commercial uses with residential uses permitted on the second floor or above only. The Local Coastal Program also allows a minimum of one dwelling unit permitted per lot Coastal Act policies state that visitor serving commercial uses are a priority over residential uses in the coastal zone and that land uses should not impact public views, coastal access or coastal environmental resources. The parking lot on the subject property serves both residents and visitors by providing needed parking. There are no public views through or across the property that will be adversely impacted by this amendment and eventual construction of the new residences. Additionally, coastal • access will not be impeded by the proposed amendment. Finally, the property in question is void of measurable environmental resources. Zoning Code Amendment In addition to the General Plan and Local Coastal Program amendments, the applicant desires approval of a Code Amendment to change the zoning designation of the subject property from RSC -R to R -1.5. The subject property currently has a zoning designation of Retail and Service Commercial with the residential overlay (RSC -R). The Zoning Code states that it is the intent of the "R" overlay to provide for the establishment of residential uses in commercial districts. Current development regulations permit one residential unit on each of the three legal lots in addition to the permitted commercial uses. The requested R -1.5 zoning designation is consistent with the proposed General Plan and Local Coastal Program Two Family Residential land use designations. Additionally, all residential properties on Balboa Island are zoned R -1.5. Therefore, the proposed Code Amendment would be consistent with surrounding zoning. If approved, the new lots would be required to comply with all R -1.5 zoning district regulations with the possible exception of the 20 -foot front yard setback. Required setbacks for residential lots called out on the Districting Maps for properties on Balboa Island typically range • from five to ten feet as opposed to commercial properties which have no required front 1 E 0 Curci GPA April 3, 2003 Page 7 yard setback. The applicant has proposed a 6 -foot front yard setback, which is the same setback required for properties located on Agate Avenue north of Park Avenue. Existing Development Regulations The existing Retail and Service Commercial designations (GP, LCP, Zoning Code) allow the property to be developed with traditional retail and service commercial uses and mixed uses with residential units permitted on the second floor or above only. To develop the entire subject property, the three existing legal lots would have to be merged or, each lot could be developed independently. Below is a summary of notable development regulations applicable if the entire property were developed. Use # Residential Commercial Residential Parking 4 feet Units Square Square Required Maximum Square Footage: Permitted footage (FAR)* Footage FAR) ** Commercial 0 3,825 square 0 1/250 sq ft. feet .5/1.0 Mixed Use 3 3,825 square 5,737.5 square 1/250 sq ft. plus feet feet (.75) 2 per DU 5/1.0 ' Up to a 1.0 FAR is permitted with the approval of a Use Permit (1.0 = 7,650 square feet) '* Mixed -use regulations allow an additional 2,677.5 square feet (.35 FAR) for residential parking. Proposed Development Regulations The parcels, as proposed by the applicant with the associated parcel map, would be subject to the following R -1.5 development regulations: Lot Size: 3, 825 square feet Front Setback: 6 feet Sides Setbacks: 4 feet Rear (Alley) Setback: 5 feet Buildable Area: 2, 738 square feet Maximum Square Footage: 4,307 square feet Height Limit 24' Flat/Mid-point/ 29' Ridge Staff believes that should the General Plan and Local Coastal Program amendments be approved, the R -1.5 zoning designation and the requested 6 -foot front yard setback are both appropriate for this location and would be consistent with the majority of other residential properties on Balboa Island. 3� Curci GPA April 3, 2003 Page 8 Parcel Map The subject property consists of three legal 30 feet wide by 85 feet deep lots that front Agate Avenue. The applicant proposes a two- parcel map with both lots measuring 45 feet wide by 85 feet deep (3,825 square feet). The minimum lot area for residential properties within the R -1.5 zoning district is 5,000 square feet. Therefore, the applicant is requesting a deviation from the lot design standards. Pursuant to Section 19.12.070 of the City Subdivision Code, the following standard findings must be made to approve the parcel map. If the Planning Commission determines that one or more of the findings listed cannot be made, the tentative parcel must be denied. 1. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Staff believes the proposed subdivision is consistent with the proposed General Plan Amendment and the R -1.5 Zoning District. The applicant is requesting to create lots that are smaller than the minimum specified for the R -1.5 zone. Section 19.24.130(C) of the Subdivision Code permits deviations from lot development standards provided certain findings can be made. These findings are discussed later in this report, and staff believes the finding can be made to support the reduced lot size. With approval of the smaller lot size, the project can be found consistent with the R -1.5 zone. Additionally, the Public Works Department has reviewed the proposed parcel map and believes that it is consistent with the Newport Beach Subdivision Code (Title 19). Conditions of approval have been included to ensure compliance with Title 19. 2. That the site is physically suitable for the type and density of development. 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 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 40 0 Curci GPA April 3, 2003 Page 9 net increase of one dwelling unit would not significantly alter the residential density of Balboa Island. Due to these factors, staff believes that the site can be found suitable for the type and density of development proposed. 3. That 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. However, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. The subject property is a disturbed site currently developed with a parking lot located in a developed area. Consequently, the subject property is void of measurable wildlife habitat. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 3, Class 5 and Class 15 exemptions. 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 minimize off -site run -off and ensure water quality standards are met. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 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. 5. That 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. In this connection, the decision - making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. 0 No public access easements exist or are proposed for the subject property. Ab Curci GPA April 3, 2003 Page 10 6. That, subject -to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act)... The property in question is not subject to a Williamson Act contract. 7. That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project, and (b) the decision - making body finds that the proposed land project is consistent with the specific plan for the area. The subject property is not located within the boundaries of a specific plan or planned community. 8. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. 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. 9. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. The proposed subdivision may result in the creation of 2-4 residential units. 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 required to be satisfied by the developer. 10. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Waste discharge into the existing sewer system will be consistent with retail and residential use of the property, which does not violate Regional Water Quality Control Board (RWQCB) requirements. Additionally the developer will be required to install sewer clean -outs for all dwelling units and comply with all applicable City policies related to sewer systems and waste discharge. 17J 0 Curci GPA April 3, 2003 Page 11 11. 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, staff believes that the project will be consistent with the city's Local Coastal Program Land Use Plan, as discussed previously in this report. 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. In addition to the standard findings required for subdivisions, Section 19.24.130(C) of the Subdivision Code requires the Planning Commission to make the following findings if a deviation from the design standards is proposed. In this particular case, the applicant proposes to deviate from the minimum lot size of 5,000 square feet required by the R -1.5 zoning district regulations with two lots that are 3,825 square feet. 1. The requested deviation(s) will create a land plan or development design equal or superior to that under the baseline design standards in this Chapter; 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 existing lots on Balboa Island. 2. The deviation(s) will not negatively impact the caroling capacity of the local vehicular circulation network; 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. 3. The deviation(s) will not negatively impact pedestrian circulation; The proposed parcel map will not alter the location of existing public sidewalks. 4. The resulting subdivision will be compatible with the pattern of surrounding subdivisions; �11/ Curci GPA April 3, 2003 Page 12 The proposed two- parcel subdivision will create parcels that are generally the same size and orientation of other parcels on Balboa Island. 5. The resulting subdivision design and improvements will be consistent with the General Plan and any applicable specific plan, and will conform to the Subdivision Map Act and all other provisions of this Subdivision Code. This finding is discussed previously in this report. 6. The resulting subdivision design and improvements will not be materially detrimental to the residents or tenants of the proposed subdivision or surrounding properties, nor to public health or safety. The proposed lots are of a similar size and orientation to those on Balboa Island. The homes resulting from the implementation of the project may be larger, but will not be excessively larger which might be viewed as detrimental. There is no evidence to suggest that the proposed design will be detrimental to the surrounding neighborhood or to public safety, health and welfare. In summary, staff believes that the findings required by Title 19 of the Newport Municipal Code to approve the parcel and for the deviation from the minimum lot size development standard can be made. 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 (Residential construction in an urbanized area), Class 5 (Minor Alterations in Land Use Limitations) and Class 15 (Minor Land Divisions). Under these exemptions, up to 6 units can be constructed in an urbanized area provided the project does not impact environmentally sensitive resources. The site is currently used as a parking lot within an urbanized area, utilities are available and no significant environmental resources are located on the site. 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. 9 q3 Curci GPA April 3, 2003 Page 13 • Conclusion: The Commission may decide that a residential land use designation is not appropriate for the subject property given the location of the site, the loss of commercial parking or loss of commercial development potential. Additionally, the Commission may believe that it would be more appropriate that this matter be addressed as part of the ongoing general plan update process. If this is the case the Commission may recommend that Council not approve the proposed amendments. However, the Commission may find that the proposed amendments are consistent with the objectives and policies of the General Plan Land Use Element and that the change from commercial to residential is appropriate for this site. Should the Commission determine that a favorable recommendation to the City Council is appropriate, staff has included a draft Planning Commission Resolution as Attachment A. Prepared by: "4 "- Gregg B.=Ramirez, Associate Planner Attachments: • Submitted by: Patricia L. Temple, Planning Director A. Resolution No. ; findings and conditions of approval B. Land Use Map C. Parcel Map D. Conceptual Site Plan �A • • THIS PACE INTENTIONALLY • LEFT BLAND. �5 0 ATTACHMENT A RESOLUTION NO. 2003 -_, FINDINGS AND CONDITIONS OF APPROVAL 0 a� J 0 0 THIS PAGE INTENTIONALLY • LEFT BLANK. �� . RESOLUTION NO. _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2002 -003, LOCAL COASTAL PLAN AMENDMENT NO. 2003 -001, CODE AMENDMENT NO. 2002 -009 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 & Commercial to Two - Family Residential, change the Local Coastal Plan designation from Retail & Service Commercial to Two - Family Residential, and change the zoning designation from Retail and Service Commercial to Two Family Residential (Restricted). 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 this meeting. Section 3. The Planning Commission 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, Planning Commission Resolution No Page 2 of 7 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. The proposed subdivision is consistent with the proposed General Plan Amendment and the R -1.5 Zoning District. Additionally, the Public Works Department has reviewed the proposed parcel map and believes that it is consistent with the Newport Beach Subdivision Code (Title 19) provided that the findings for the reduced parcel size are made. 6. 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. 7. 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. �J Planning Commission Resolution No Page 3 of 7 . 8. 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. 9. 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. 10.The property is not located within the boundaries of a specific plan, planned community nor subject to a Williamson Act contract. 11. 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. 12.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. 13. 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. 14.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, staff believes that the project is consistent with the City's Local Coastal Program Land Use Plan as discussed previously in this report. 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. .1" Planning Commission Resolution No Page 4 of 7 15.The proposed subdivision design is consistent with Section 19.24.130 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 is 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. 16. 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 Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2002- 003 as depicted in Attachment "A ", Local Coastal Plan No. 2003 -001 as depicted in Attachment "B ", and Code Amendment No. 2002 -009 as depicted in Attachment "C ". PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF APRIL 2003. Steven Kiser, Chairman Shant Agajanian, Secretary AYES: MA ABSENT: 0 5� Planning Commission Resolution No Page 5 of 7 ATTACHMENT "A" TO RESOLUTION NO. 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 2,7W 2,712 545 552 0 0 0 2. Marine Avenue 37 62 25 92,478 101,275 8,797 3. Agate Avenue 31 31 0 26,350 46,464 42,636 20a44 16 TOTAL 2,228 2,805 573577 118,828 147,736 143,911 28;80525 Population 4,411 5,546 1,135 Planning Commission Resolution No Page 6 of 7 ATTACHMENT "B" TO RESOLUTION NO. 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 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. [Local Coastal Program Amendment No. 2003 -001]. 0 53 0 Q/< 0. lb \ -{ 0 P R N I A OF�AL t RCIA1. Planning Commission Resolution No Page 7 of 7 ATTACHMENT "C" TO RESOLUTION NO. v Q` ORD NO 635 DEC to,19so TN 9AY FRONT `' 7 / �� 0 4 e L CV \ w\ U J 1,$% 0 UOP N0. ATTACHMENT B LAND USE MAP E l 5� 1 11 / env S t3- >1 > 0 (D < a(3) C) A.N I ly 7U Lu E THIS PAGE INTENTIONALLY • LEFT BLANK, 61 '. 0 ATTACHMENT C PARCEL MAP 1] �g 0 E THIS PAGE INTENTIONALLY • LEFT BLANK. T E N T A T I V E PARCEL MAP NO. 2002w218 IN THE CITY OF NEWPORT BEACH. COUNTY OF ORANGE. STATE OF CALIFORNIA. BEING A RESUBDIVISION OF LOTS 17. 1R. AND 19. IN DL(X'X 7. OF SEC nON ONE OF BALBOA ISLAND. AS SHOWN ON A MAP RECORDED IN BOOK 6. PACE 30 OF MISCELLANEOUS MAPS. RECORDS OF ORANCF COUNI Y. PETE 1. DUCA DIXA WCOY. INC. R.C.E. 24668 2PARCELS CIVIL ENGINEERS 0,176 ACRES PARK AVENUE 0 1�r E 5' 20 LOT 19 41"C. DUCA Md'OY 0 P.O. BOX 1559 3ME.COASTMG AY �l B�Cfl. CA CORONA M MAJr CA9:625 +__.— ■(919)6734181 1W91675 "37 �� rr .11. DO RC,. 35 .- SOMIUMNCALIEGAS.00. 5O1-qIMRN CALIF. MSON,CO. PACUICTU-O�CO,j ___��_ _�/ —Z�__ PDSOX D07 „'LIT � z VICINITY ]��ORTBLVPI ANAI"A” CA SARTA�A.CA. SWTA ANA. G. Z (714)935�1 < 3 > > z.I oJ 16 — — — — — — — --- -- Az m tr Mg CJ 0 0 LOT 17 m co 4 p 02M w �j 20' LOT 15 0 1�r E 41"C. DUCA Md'OY P.O. BOX 1559 3ME.COASTMG AY �l B�Cfl. CA CORONA M MAJr CA9:625 ■(919)6734181 1W91675 "37 rr .11. DO RC,. 35 IIIIIliff3: ANiD WATER: SOMIUMNCALIEGAS.00. 5O1-qIMRN CALIF. MSON,CO. PACUICTU-O�CO,j — - }^ CTTYOF�"ORTBIACH P.OBOX)3U PDSOX D07 I D�� Is VICINITY ]��ORTBLVPI ANAI"A” CA SARTA�A.CA. SWTA ANA. 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