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Home My WebLink About03 - Miramar Dr Code Amendment PA2013-211(9) TO: CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 3 January 14, 2014 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Jaime Murillo, Senior Planner APPROVED: D. �Q TITLE: Miramar Drive Code Amendment (PA2013 -211) 2022, 2026, 2032, 2034, 2038, and 2042 Miramar Drive r'1:1.wrrJ1'T149 A Zoning Code Amendment to change the rear alley setback for six properties from six (6) feet to zero (0) feet, consistent with the standard rear alley setback for other properties in the City when located adjacent to a minimum 20- foot -wide alley. City Council introduced the attached ordinance on December 10, 2013. RECOMMENDATION: Conduct a second reading and adopt Ordinance No. 2013 -29 (Attachment No. CC 1): a) Finding that the amendment is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations); and b) Approving Code Amendment No. CA2013 -006. ENVIRONMENTAL REVIEW: The project qualifies for an exemption from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. This exemption allows minor alterations in land use limitations in areas with an average slope of less than 20 percent and which do not result in any changes in land use or density. In this case, the six lots affected by the amendment have an average slope of less than 20 1 2022, 2026, 2032, 2034, 2038, and 2042 Miramar Drive January 14, 2014 Page 2 percent; the amendment will not change the land use category or zoning district of the affected lots; and the maximum number of dwelling units per lot will not change. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: yk�., zr- Kimberly Brand , AICP Director Attachment: CC1 Ordinance No. 2013 -29 2 Attachment No. CC 1 Ordinance No. 2013 -29 3 11 ORDINANCE NO. 2013- 29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING ZONING CODE AMENDMENT NO. CA2013 -006 TO CHANGE THE REAR ALLEY SETBACK FROM 6 FEET TO 0 FEET FOR SIX PROPERTIES ON MIRAMAR DRIVE (PA2013 -211) WHEREAS, on October 22, 2013, the City Council initiated an amendment of the Zoning Code that would change the rear alley setback for six properties from 6 feet to 0 feet, consistent with the standard rear alley setback for other properties in the City when located adjacent to a 20- foot -wide alley. The six properties affected by this amendment are 2022, 2026, 2032, 2034, 2038, and 2042 Miramar Drive; and WHEREAS, on November 21, 2013, the Planning Commission conducted a public hearing in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code and Brown Act. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, at the November 21, 2013, public hearing, the Planning Commission received public comments and on an affirmative motion (5 ayes, 0 noes), forwarded a recommendation to the City Council to approve the proposed amendment; and WHEREAS, the City Council conducted a public hearing on December 10, 2013, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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 City Council at this meeting; and WHEREAS, the Zoning Code establishes different rear setbacks for lots abutting an alley, based on the width of the alley presumably to accommodate increased vehicular maneuverability through the alleyways. In general, the rear setback for properties abutting a minimum 20- foot -wide alley is 0 feet. Aside from the subject block of six lots, no other block in the vicinity that abuts a 20- or 30 -foot wide alley is required to provide a rear setback. Since the subject lots abut a 30 -foot wide alley, a 0 -foot rear setback will not impact vehicular maneuverability and would be consistent with other lots in the vicinity; and WHEREAS, modifying the rear setback to the 0 -foot requirement would not result in a significant change to the existing development pattern of the neighborhood since five of the existing six homes in the block already encroach into the 6 -foot rear setback area; and Poste online: 5 BM13 -1- 5 WHEREAS, modifying rear setback from 6 feet to 0 feet will result in a buildable area and allowable floor area that is consistent with other lots in the vicinity. NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The City Council hereby approves Code Amendment No. CA2013- 006 amending Setback Map S -2G of Title 20 of the Municipal Code (Zoning Code) modifying the rear alley setback from six (6) feet to zero (0) feet for the subject six properties as set forth in Exhibit "A ". Section 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 3: This amendment is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the six lots affected by the amendment have an average slope of less than 20 percent; the amendment will not change the land use category or zoning district of the affected lots; and the maximum number of dwelling units per lot will not change. Section 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. Posted online: 5=013 -2- 0 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of December, 2013, and adopted on the 14th day of January, 2014, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR RUSH N. HILL. II ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. 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