HomeMy WebLinkAbout03 - GPA 2003-003 PA2003-099 - 813 E Balboa Blvd-Legere PropertyCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
CGJ 'CiL UM
Agenda Item No. 21
July 22, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Gregg B. Ramirez, Associate Planner
(949) 644 -3219 gramirezCa)city.newport- beach.ca.us
SUBJECT: Legere Property, 813 East Balboa Boulevard
General Plan Amendment No. 2003 -003, Local Coastal Program
Amendment No. 2003 -002, Code Amendment No. 2003 -005 (PA2003 -099)
Request to amend the General Plan and Local Coastal Program land use
designations from Retail and Service Commercial to Two - Family Residential and
amend the Zoning Code to change the zoning designation from Specific Plan No.
8 (RSC) to Specific Plan No 8 (R -2).
APPLICANT:Steven Legere, Property Owner
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 Specific Plan
No 8 (RSC) to Specific Plan No. 8 (R -2)?
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 August 12, 2003.
DISCUSSION:
The City Council took action on March 25, 2003 to initiate the requested amendments to the
General Plan, Local Coastal Program and Zoning Code. On June 19, 2003, the Planning
Commission voted to recommend that the City Council approve the proposed amendments.
The Commission considered the following issues: whether a pure residential use was
appropriate for this location; the permanent loss of commercial property in the Central Balboa
area; how the proposal fits into the ongoing general plan update process; and the resulting
Legere GPA
July 22, 2003
Page 2 of 3
density of up to two residential units. The Commission 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.
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) and Class 5 (Minor Alterations in Land Use
Limitations). 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 developed with a single story commercial building that covers nearly the entire
property in 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.
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:
Gregg amirez, Associate Manner
Submitted by:
In
l'�.( /%f. i7 k /[ X"VJI
Patricia L. Temple, Planning Director
v
Attachments:
Legere GPA
July 22, 2003
Page 3 of 3
A. Draft City Council Resolution
B. Draft City Council Ordinance
C. Draft Planning Commission Resolution No. 1605
D. Excerpt of the draft minutes from the June 19, 2003 Planning Commission meeting.
E. Planning Commission Staff Report
F. General Plan Land Use Map
3
ATTACHMENT A
DRAFT CITY COUNCIL RESOLUTION
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2003 -003
AND LOCAL COASTAL PLAN AMENDMENT NO. 2003 -002, FOR
PROPERTY IDENTIFIED AS 813 EAST BALBOA BOULEVARD
(PA2003 -099)
Section 1. An application was filed by Steven Legere, property owner, with
respect to property located at 813 East Balboa Boulevard and legally described as Balboa
Tract, Block 12, Lot 7, requesting to change the General Plan Land Use designation from
Retail & Service Commercial to Two - Family Residential and change the Local Coastal
Plan designation from Retail & Service Commercial to Two - Family Residential.
Section 2. A public hearing was held on June 19, 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. 1605 that recommends that the City Council approve General Plan
Amendment No. 2003 -003 and Local Coastal Plan Amendment No. 2003 -002.
Section 3. A public hearing was held on July 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 constitutes a minor reduction in size of
the Central Balboa commercial area that serves the residents of the area but
does not eliminate the entire commercial district. The remaining commercial area
is of adequate size to provide Balboa Peninsula 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 one residential unit in addition to commercial
uses on the subject property. The amendments facilitate the redevelopment of a
vacant under used commercial property to a residential use. The Two Family
5
City Council Resolution No.
Page 2 of 6
designation permits a maximum of two dwelling units on the subject property.
Although the amendment will allocate one additional residential unit beyond the
one 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 under grounding 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 SP -8 (R -2)
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.
5. The proposed project will result in the elimination of the existing nonconforming
building. The change of the land use designation of the subject property to =
Residential within the Local Coastal Plan Amendment shall only become
effective upon the approval of Local Coastal Plan No. 2003 -002 by the California
Coastal Commission.
6. 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 Specific Plan (R -2)
regulations of the City.
7. 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 Specific
Plan No. 8 (R -2) to be consistent.
8. City's certified Land Use Plan, including this amendment shall be implemented in
a manner fully in conformity with the Coastal Act.
9. The change of the land use designation of the subject property located at 813
East Balboa Boulevard from Retail & Service Commercial to Two Family
Residential; shall only become effective upon the approval of Local Coastal
Program Amendment No. 2003 -002 by the California Coastal Commission.
City Council Resolution No.
Page 3 of 6
10. Pursuant to Section 13518 of the California Code of Regulations this Land Use
Plan amendment shall take effect automatically upon Coastal Commission action
unless the Coastal Commission proposes suggested modifications. In the event
that the Coastal Commission proposes revisions, this Land Use Plan amendment
shall not take effect until the City Council adopts the Commission modifications
and all the requirements of Section 13544 of the California Code of Regulations
are met.
11.It is the expectation of the City Council that the re -use of the existing non-
conforming commercial building for residential purposes does not occur with the
approval of this change in land use. Redevelopment or improvements to the
property for residential purposes shall be done in accordance with the Specific
Plan No. 8 (R -2) development regulations. The maintenance of non - conformities
with re -use of the site pursuant to Specific Plan No. 8 (R -2) shall not be
permitted.
12. The proposed project has been determined to be Categorically Exempt under the
Class 3 (Residential construction in an urbanized area) and Class 5 (Minor
Alterations in Land Use Limitations) requirements of the California Environmental
Quality Act (CEQA), and the State CEQA Guidelines. 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 developed
with a commercial structure within an urbanized area, utilities are available and
no significant environmental resources are located on the site.
Section 4. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council approve General Plan Amendment No. 2003-
003 as depicted in Attachment "1" and "2" and Local Coastal Plan Amendment No.
2003 -002 as depicted in Attachment "2 ".
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 July, 2003
by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
City Council Resolution No.
Page 4 of 6
16,
City Council Resolution No._
Page 5 of 6
ATTACHMENT NO. 1
TO RESOLUTION NO.
All provisions of the Land Use Element of the General Plan remain unchanged
except for the following chart:
Central Balboa Area
ESTIMATED GROWTH FOR STATISTICAL AREA D2, D3 & D4
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. Island Avenue
5
8
3
9,670
10,800
1,130
2. Library/FS
0
0
0
7,200
11,250
4,050
3. Bay Island Parking
0
0
0
0
0
0
4. Newport Harbor YC
0
0
0
17,000
20,000
3,000
Central Balboa_SAR
219
359360
X40.141
192,195
_2 889237,244,
4-7'j644— 45
6. Central Balboa (R)
1,924
2,372
448
0
0
0
TOTAL 2,148 2,739 591 226,065 281,859 55,794
4,253 5,423 1,170
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ATTACHMENT B
DRAFT CITY COUNCIL ORDINANCE
ORDINANCE NO. 2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING CODE AMENDMENT
NO. 2003 -005 REQUESTING AN AMENDMENT TO THE
ZONING CODE CHANGING THE DESIGNATION OF 813
EAST BALBOA BOULEVARD FROM RETAIL AND
SERVICE COMMERCIAL TO TWO FAMILY RESIDENTIAL
(PA2003 -099)
Section 1. An application was filed by Steven Legere, property owner, with
respect to property located at 813 East Balboa Boulevard and legally described as Balboa
Tract, Block 12, Lot 7, requesting to change the zoning designation from Specific Plan
No. 8 (RSC) to Specific Plan No. 8 (R -2) (Code Amendment No. 2003 -005).
Section 2. A public hearing was held on June 19, 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. 1605 recommending that the City Council approve the requested
amendment.
Section 3. The City Council held a noticed public hearing on July 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) and Class 5 (Minor
Alterations in Land Use Limitations).
Section 5: The City Council of the City of Newport Beach does.hereby approve
Code Amendment No. 2003 -005 as depicted in Attachment No. 1.
!I
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
IS
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ATTACHMENT C
DRAFT PLANNING COMMISSION STAFF REPORT
"A
RESOLUTION NO. 1605
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE
GENERAL PLAN AMENDMENT NO. 2003 -003, LOCAL COASTAL
PLAN AMENDMENT NO. 2003 -002 AND CODE AMENDMENT NO.
2003 -005 FOR PROPERTY IDENTIFIED AS 813 EAST BALBOA
BOULEVARD (PA2003 -099)
Section 1. An application was filed by Steven Legere, property owner, with
respect to property located at 813 East Balboa Boulevard and legally described as Balboa
Tract, Block 12, Lot 7, requesting to change the General Plan land use designation from
Retail & Service Commercial to Two - Family Residential, change the Local Coastal Plan
land use designation from Retail & Service Commercial to Two - Family Residential, and
change the zoning designation from Specific Plan No. 8 (Retail and Service Commercial)
to Specific Plan No 8 (R -2 — Two Family Residential).
Section 2. A public hearing was held on June 19, 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 constitutes a minor reduction in size of
the Central Balboa commercial area that serves the residents of the area but
does not eliminate the entire commercial district. The remaining commercial area
is of adequate size to provide Balboa Peninsula 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 one residential unit in addition to commercial
uses on the subject property. The amendments facilitate the redevelopment of a
vacant under used commercial property to a residential use. The Two Family
designation permits a maximum of two dwelling units on the subject property.
Although the amendment will allocate one additional residential unit beyond the
one permitted with mixed -use developments, trip generation rates for residential
uses are lower than those for general retail, commercial and mixed uses.
Planning Commission Resolution No. _
Page 2 of 6
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 under grounding 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 SP -8 (R -2)
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.
5. The proposed project will result in the elimination of the existing nonconforming
building. The change of the land use designation of the subject property to
Residential within the Local Coastal Plan Amendment shall only become
effective upon the approval of Local Coastal Plan No. 2003 -002 by the California
Coastal Commission.
6. It is the expectation of the Planning Commission that the re -use of the existing
non - conforming commercial building for residential purposes does not occur with
the approval of this change in land use. Redevelopment or improvements to the
property for residential purposes shall be done in accordance with the Specific
Plan No. 8 (R -2) development regulations. The maintenance of non - conformities
with re -use of the site pursuant to Specific Plan No. 8 (R -2) shall not be
permitted.
7. The proposed project has been determined to be Categorically Exempt under the
Class 3 (Residential construction in an urbanized area) and Class 5 (Minor
Alterations in Land Use Limitations) requirements of the California Environmental
Quality Act (CEQA), and the State CEQA Guidelines. 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 developed
with a commercial structure within an urbanized area, utilities are available and
no significant environmental resources are located on the site.
Section 4. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council approve General Plan Amendment No. 2003-
003 as depicted in Attachment "A" and "B ", Local Coastal Plan Amendment No. 2003-
002 as depicted in Attachment "B" and Code Amendment No. 2003 -005 as depicted in
Attachment "C ".
n I
r
Planning Commission Resolution No.
Page 3 of 6
PASSED, APPROVED AND ADOPTED THIS 191h DAY OF JUNE 2003.
M-
MM
Steven Kiser, Chairman
Patricia L. Temple, Ex- Officio Secretary
AYES: Toerge, McDaniel, Kiser, Gifford
Selich and Tucker
ABSENT: None
r r=-
Planning Commission Resolution No.
Page 4 of 6
ATTACHMENT "A"
TO RESOLUTION NO.
All provisions of the Land Use Element of the General Plan remain unchanged
except for the following chart:
Central Balboa Area
rt r
ESTIMATED GROWTH FOR STATISTICAL AREA D2, D3 & D4
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. Island Avenue
5
8
3
9,670
10,800
1,130
2. Library/FS
0
0
0
7,200
11,250
4,050
3. Bay Island Parking
0
0
0
0
0
0
4. Newport Harbor YC
0
0
0
17,000
20,000
3,000
S:, Central Balboa SAP
219
359- 360
40-1-- 41.
19295
Y39;809_23T�2
4 4.45,049
6. Central Balboa (R)
1,924
2,372
448
0
0
0
TOTAL
2,148
2,739
591
226,065
281,859
55,794
Population
4,253
5,423
1,170
Revised 01/2711997
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ATTACHMENT D
EXCERPT OF DRAFT MINUTES FROM THE
JUNE 19, 2003 PLANNING COMMISSION MEETING
2 (.o
Planning Commission Minutes 06/19/2003 DRAFT
Jerson Kiser then asked for a straw vote of whether to continue this item
for additional notification.
Com sioner McDaniel noted that the homeowner associations are all aware o.
this an ey have notified everybody that needed to be noticed about this issue.
The assoc tion would have made it clear to anybody who needed to know an(
supports act g on this meeting tonight.
person Kker noted that those disputing the Modifications Committee)
stand that i d when this comes back for a hearing, there is no right to a
absent either NCity Ordinance, a deed restriction or an agreement between
wners for a vievNasement. We do not consider the CC and R's.
n was made by C irperson Kiser to continued this item to July 17th to
for noticing to 300 fe
Toerge, Kiser and Gif
McDaniel, Selich and
failed.
mmissioner Tucker noted that it is no nu
in CC and R documents. This proposal is
it the City sees routinely. It is these types
some discussion at the Council level as to
s same policy or not. We have a committee
ed to overrule their decision.
ial for Codes to be less restrictii
within the nature of modificatioi
structures that are involved. The
ether they want to continue wi
hk handles these and doesn't see
i was made by Commissioner Tucker to Xeny the appeal of the
cation Permit No. 2003 -038 and affirm the decis n of the Modifications
ittee.
issioner McDaniel noted that if this was noticed to the ref the City,
not be anything that would change his vote.
vote: Concur with the Modifications Committee - McDkiel, Selich,
Page 5 of 9
Ayes: Toerge, McDaniel, Gifford, Selich and Tucker
Noes: Kiser
Absent: None
Abstain: None
�x*
UBJECT: Legere General Plan Amendment (PA2003 -099) ITEM NO.4
813 East Balboa Boulevard PA2003 -099
[uest for a General Plan Amendment and Local Coastal Program to change th
1 use designation on a single lot from Retail and Service Commercial to Tw
Lily Residential and a Code Amendment to change the zoning designation c
subject property from Specific Plan No. 9 (RSC) to Specific Plan No. 8 (R -2).
1 ,`7I
..........&. 1i L113JIU11 lvnuutes Ub /19/2003
comment was opened. DRAFT
comment was closed.
was made by Chairperson Kiser to recommend approval of the
ions to the City Council by adopting the attached draft resolution for
Plan Amendment 2003 -003, Local Coastal Program Amendment No.
2 and Code Amendment No. 2003 -005.
Page 6 of 9
zs: Toerge, McDaniel, Kiser, Gifford, Selich and Tucker
zs: None
it: None
in: None
]k ]k X
Housing Element (PA2003 -130) ITEM NO.5
PA2003 -130
ice with the State of California General Plan and Zoning Laws, the City
t Beach has prepared a Draft Housing Element. The Element is an Continued to
re- format of the existing Housing Element and includes updated 07/17/2003
Sgsing Needs Assessment figures as mandated by State Law.
missioner Nlich noted that he would like to see this item continued to
meeting as h would like an opportunity to review this more thoroughly
rstand it better.
,mmissioner McDaniel oted that if this is postponed, it will be a different
Commissioners and maybq they need to have an opportunity to look at it.
amissioner Tucker noted tha e is ready to discuss this tonight and that he
be in attendance the Wert twro rileetines. He then noted:
• Meetings of June 2001 minute \youget sive and he appreciated
background information.
• Is the formatting of this eleme anticipated for the Gen
Plan; so that this fits in with the
• Most of it is informational and t he goals. It should have
same formatting and look like thn al Plan.
Wood answered that the formatting of the propose d existing Housir
lent are different from the formatting of most of the o er elements in tl
-ral Plan. Some of the Housing Element formatting is dr en by the thing
state law requires be covered and a desire to make it easy for e reviewers
Housing and Community Development Department, (HC to find tl
>s they are looking for. We will have to update this again in 200 nd at th
t we could easily put it in whatever format we used for the General Ian as
to page 38, Commissioner Tucker asked for clarification on
i;
file: / /F:\ USERS \PLN \Shared \gin`er:2003PC \0619.HTM 07/07/2003
ATTACHMENT E
PLANNING COMMISSION STAFF REPORT
�1
FILE COPY
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
June 19, 2003
TO: PLANNING COMMISSION
FROM: Planning Department
Gregg B. Ramirez, Associate Planner
(949) 644 -3219 gramirez(�city .newport - beach.ca.us
SUBJECT: Legere Property, 813 East Balboa Boulevard
General Plan Amendment No. 2003 -003, Local Coastal Program
Amendment No. 2003 -002, Code Amendment No. 2003 -005 (PA2003-
099)
Request to amend the General Plan and Local Coastal Program land use
designations from Retail and Service Commercial to Two - Family Residential
and amend the Zoning Code to change the zoning designation from Specific
Plan No. 8 (Retail and Service Commercial) to Specific Plan No 8 (R -2 —
Two Family Residential).
APPLICANT:Steven Legere, Property Owner
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the
applications to the City Council by adopting the attached draft resolution.
4
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Legere GPA
June 19, 2003
Page 3
DISCUSSION:
Background:
The City Council took action on March 25, 2003 to initiate the requested amendments.
The subject property is located on the southerly side of East Balboa Boulevard between
Main Street and A Street. The property is a 27 -foot wide by 90 -foot deep lot (2,565
square feet), which is a standard size for residential lots in the vicinity, and has alley
access. The site is currently developed with a 2,565 square foot (approx.) single story
commercial building. No on -site parking exists. As of the writing of this staff report the
building is vacant.
Analysis
The applicant has indicated that if the change in land use designations are approved,
the lot would be developed with either a single - family dwelling or duplex. The existing
commercial building is non - conforming because it exceeds the maximum 0.5 Floor Area
Ratio (FAR) and does not provide any off - street parking spaces.
General Plan Amendment
The subject property is located within General Plan Land Use Element Statistical Area
D3 Central Balboa Area. The Central Balboa Area is designated for Retail and Service
Commercial, pure residential uses and mixed commercial /residential uses with
residential uses permitted on the second floor or above only.
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 centers are in close proximity to each resident of the community."
The proposed amendment will reduce the size of the Central Balboa commercial area
that serves both visitors and residents of the area by one parcel, however, a large
number of other commercial and retail establishments, some of which are vacant, are
readily available to residents and visitors in the vicinity.
Legere GPA
June 19, 2003
Page 5
date. It must also be kept in mind that current development regulations allow the
property to be developed with a mixed -use (commercial /residential) project without
obtaining discretionary or legislative approval.
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 one dwelling unit 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 1,282.5 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
pursuant to Measure S (Greenlight) are exceeded. If the City Council approves 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 Central Balboa Area Area statistical area
(Central Balboa). 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 existing commercial structure
on the subject property contributes to the quantity of commercial establishments in the
Central Balboa area but is non - conforming with because it exceeds the maximum
permitted Floor Area Ratio and does not provide any off - street 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 residence(s). Additionally, coastal
access will not be impeded by the proposed amendment. Finally, as the lot is entirely
covered by the existing building, the property in question is void of measurable
environmental or biological resources.
f? �
Legere GPA
June 19, 2003
Page 7
Proposed Development Regulations
The parcels, as proposed by the applicant with the associated parcel map, would be
subject to the following SP -8 (R -2) development regulations:
Lot Size:
2, 565 square feet
Front Setback:
5 feet
Sides Setbacks:
3 feet
Rear (Alley) Setback:
5 feet
Buildable Area:
1, 785 square feet
Floor Area Limit (2X
Buildable Area):
3, 570 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 SP -8 (R -2) zoning designation with the standard development regulations
are appropriate for this location and would be consistent with other residential properties
within the Central Balboa Specific Plan. (See Exhibit No. 2)
Non - Conforming Building /Use
As previously mentioned, the existing commercial building is vacant and the amendments
would create a non - conformng use. Therefore, language has been added to the Draft
Resolution requiring future improvements and redevelopment of the property for
residential purposes to adhere the Specific Plan No. 8 (R -2) development regulations.
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) and Class 5 (Minor Alterations in Land Use
Limitations). 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 developed with a commercial structure 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.
)l
EXHIBIT 1
RESOLUTION NO. ; FINDINGS FOR
RECOMMENDATION OF APPROVAL
Planning Commission Resolution No. _
Page 2 of 6
3. The City's Genera( Plan indicates that the City shall maintain suitable and
adequate standards for landscaping, sign control, site and building design,
parking and under grounding 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 SP -8 (R -2)
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.
5. The proposed project will result in the elimination of the existing nonconforming
building. The change of the land use designation of the subject property to
Residential within the Local Coastal Plan Amendment shall only become
effective upon the approval of Local Coastal Plan No. 2003 -002 by the California
Coastal Commission.
6. It is the expectation of the Planning Commission that the re -use of the existing
non - conforming commercial building for residential purposes does not occur with
the approval of this change in land use. Redevelopment or improvements to the
property for residential purposes shall be done in accordance with the Specific
Plan No. 8 (R -2) development regulations. The maintenance of non - conformities
with re -use of the site pursuant to Specific Plan No. 8 (R -2) shall not be
permitted.
7. The proposed project has been determined to be Categorically Exempt under the
Class 3 (Residential construction in an urbanized area) and Class 5 (Minor
Alterations in Land Use Limitations) requirements of the California Environmental
Quality Act (CEQA), and the State CEQA Guidelines. 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 developed
with a commercial structure within an urbanized area, utilities are available and
no significant environmental resources are located on the site.
Section 4. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council approve General Plan Amendment No. 2003-
003 as depicted in Attachment "A" and "B ", Local Coastal Plan Amendment No. 2003-
002 as depicted in Attachment "B" and Code Amendment No. 2003 -005 as depicted in
Attachment "C ".
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Planning Commission Resolution No.
Page 4 of 6
ATTACHMENT "A"
TO RESOLUTION NO.
All provisions of the Land Use Element of the General Plan remain unchanged
except for the following chart:
Central Balboa Area
ESTIMATED GROWTH FOR STATISTICAL AREA D2, D3 & D4
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. Island Avenue
5
8
3
9,670
10,800
1,130
2. Library/FS
0
0
0
7,200
11,250
4,050
3. Bay Island Parking
0
0
0
0
0
0
4. Newport Harbor YC
0
0
0
17,000
20,000
3,000
5._ Central Balboa SAP
219
369 360
449 141
1921195 2-39
809 237.,244
4*644451
S. Central Balboa (R)
1,924
2,372
448
0
0
0
TOTAL
2,148
2,739
591
226,065
281,859
55,794
Population
4,253
5,423
1,170
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31
EXHIBIT NO. 2
LETTER FROM THE APPLICANT
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REQUEST ZONING CHANGE TO R -2
FROM COMMERCIAL + 1 RESIDENTIAL UNIT
IF NEEDED
INITATE
1 GENERAL PLAN AMENDMENT
RSC TWO FAMILY RESIDENTIAL
2 LOCAL COSTAL PROGAM AMENDMENT
RSC TWO FAMILY RESIDENTIAL
3 ZONING CODE AMENDMENT
SPECIFIC PLAN #8 RSC - R -2
PROPERTY 813 '/: E BALBOA BLVD
PROPERTY HAS LITTLE COMMERCIAL VALUE
EMPTY OR FOR RENT MOST OF THE TIME
BUILDING VERY OLD & IN NEED OF REMODEL
SET PAST TRAFIC FLOW
WOULD FIT IN BETTER AS RESIDENTIAL USE
949 574 9691
FAX 949 574 969
THANK YOU
4 -7 -03
EXHIBIT NO. 3
EXISTING SPECIFIC PLAN LAND USE MAP
P
City of Newport Beach
Central Balboa
Land Use Map
Specific Plan District #8
Open space
.\,IFR Multi farnilv Residential
R-2 — Two- Family Residential
Residential-Professional
Retail & Service Commercial
Governmental, Educational, and Institutional Facilities
N
W
S
200 Feet
PQ 7
/Open Space
Open Space
41,97
S.E.F.
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EXHIBIT NO. 4
EXISTING GENERAL PLAN LAND USE MAP
L'. 2.
1A
ATTACHMENT F
GENERAL PLAN LAND USE MAP
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