HomeMy WebLinkAbout1830 - RECOMMEND ADOPT CA _1537 SANTANELLA TERRACERESOLUTION NO. 1830
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY
COUNCIL ADOPT CODE AMENDMENT NO. CA2010 -010, TO
REVISE SETBACK MAP NO. S -9A (IRVINE TERRACE) TO
ESTABLISH A 19 -FOOT FRONT SETBACK FOR THE
PROPERTY LOCATED AT 1537 SANTANELLA TERRACE
(PA2010 -176)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Andrew Goetz, on behalf of the property owner Stacie
Johnson, with respect to property located at 1537 Santanella Terrace, and legally
described as Lot 28 of Tract 1701, requesting approval of a Code Amendment.
2. The applicant proposes a Zoning Code amendment to change a front setback
established on Setback Map No. S -9A, Irvine Terrace (formerly designated as
Districting Map No. 24) from 34 feet to 19 feet.
3. The subject property is located within the Single -Unit Residential (R -1) Zoning District
and the General Plan Land Use Element category is Single -Unit Residential Detached
(RS -D).
4. The subject property is located within the coastal zone and is subject to the categorical
exclusion order (CEO). The Coastal Land Use Plan category is Single -Unit Residential
Detached (RSD -A).
5. A public hearing was held on January 20, 2011, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land
Use Limitations). The project involves a change in front setback established on a
Setback Map, which is consistent with this exemption.
2. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
Planning Commission Resolution No. 1830
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actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Johnson Residence including, but not limited to,
Code Amendment No. CA2010 -010. This indemnification shall include, but not be limited
to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this condition. The applicant shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
SECTION 3. FINDINGS.
1. Code amendments are legislative acts. Neither the City Municipal Code nor State
Planning Law set forth any required findings for either approval or denial of such
amendments, unless they are determined not to be required for the public necessity
and convenience and the general welfare.
2. In accordance with Section 20.94.010 of the Municipal Code, adoption of the change
to the setback map to reduce the front setback from 34 feet to 19 feet, will serve the
public necessity and convenience and the general welfare by providing a front setback
for the subject property that is within a narrower setback range with that of the
immediately adjacent properties. This setback change will afford the applicant
comparable enjoyment of property rights as his neighbors, accommodate a proposed
addition to the existing single family dwelling that will be beneficial to the
neighborhood, and still provide a variation of front setbacks with the neighboring
properties.
3. The approval of the proposed 19 -foot front setback will reduce the range of setback
variation between the three abutting properties, which is compatible and consistent
with the range of staggered front setbacks for other homes within the Irvine Terrace
neighborhood.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission hereby recommends that the City Council of the City of Newport
Beach approve Code Amendment No. CA2010 -010 establishing a 19 -foot front setback at 1537
Santanella Terrace, Lot 28 Tract 1701.
Tmplt: 01/14/10
Planning Commission Resolution No. 1830
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PASSED, APPROVED AND ADOPTED THIS 20t1i DAY OF JANUARY, 2011.
AYES: Eaton, Unsworth, McDaniel, Ameri, Toerge, and Hillgren
ABSENT: Hawkins
, Wr
McDaniel, Earl
Michapt�jWgCgbcretary
Tmpll: 01/14/10