HomeMy WebLinkAbout2010 - CITY INITIATED CODE AMENDMENT TO CHANGE SETBACK MAP NO. S-2B - 3008 Balboa BlvdRESOLUTION NO. 2010
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING
THE CITY COUNCIL ADOPT CODE AMENDMENT NO, CA2015-
011 TO CHANGE THE FRONT YARD SETBACK FOR THREE
PROPERTIES FROM TWENTY FEET TO FIVE FEET ON
BALBOA BOULEVARD (PA2015-196)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Pursuant to Newport Beach Municipal Code ("NBMC") Section 20.66.020 the City Council
initiated a code amendment on January 12, 2016, to change the front yard setback for three
properties from twenty feet to five feet, consistent with the historic front yard setback for
these properties. The five foot setback was inadvertently left off the Setback Map in the 2010
Zoning Code update. This amendment adds the five feet setback on Setback Map S-213
Balboa Peninsula in NBMC Section 20.80.040 for the residential properties located at 3008,
3010, and 3012 Balboa Boulevard.
2. The Planning Commission conducted a public hearing on February 18, 2016, in the City
Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the public hearing was given in accordance with the NBMC.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This code 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 lots affected by this amendment have an average slope of less.than
twenty percent; this amendment does not change the land use category or zoning district of
the affected lots; and the maximum number of dwelling units allowed on each lot remains
unchanged.
SECTION 3. FINDINGS.
1. The subject properties will remain consistent with the General Plan, Coastal Land Use Plan,
and Zoning Code designation of Two -Unit Residential (R-2) with the code amendment to
change the front setbacks.
2. The standard front setback for properties zoned Two -Unit Residential (R-2) is twenty feet
pursuant to NBMC Section 20.18.030 Table 2-3, unless a different distance is depicted on
a setback map. In the pre -2010 Zoning Code the three subject properties were within the
Specific Plan SP -6 (R-2) Zone which applied a five foot front yard setback for these
properties. When the specific plan was dissolved into the standard R-2 Zone with the
2010 Zoning Code Update, these were the only properties that did not have the five foot
front setback carried over on the setback maps. This lack of five foot front setback
carryover was inadvertent and this code amendment corrects the prior error.
3. Amending the setback map to reinstate the five foot front yard setback does not result in a
significant change to the existing development pattern of the neighborhood since two of
the three properties are built with the five foot front yard setback. Additionally, most of the
properties that were previously zoned SP -6 (R-2) are also built with the five foot front yard
setback. Thus, this code amendment allows the properties to maintain their existing uses
and remain consistent with adjacent properties.
4. The required twenty foot front setback not only affects building placement, but also
impacts buildable area and ultimately the maximum size of a single-family or two-family
home on the properties. Therefore, the development limits of the subject properties have
been unintentionally restrained and reinstating the five foot front setback is necessary to
return property rights back to the property owners.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends approval of Code
Amendment No. CA2015-011 changing the front yard setback to five feet for the three
residential properties located at 3008, 3010, and 3012 Balboa Boulevard on Setback Map S-213
as set forth in Exhibit "A," which is attached hereto and incorporated by reference.
PASSED, APPROVED AND ADOPTED THIS 18{" DAY OF FEBRUARY, 2016.
AYES: Brown, Koetting, Hillgren, Weigand and Zak
NOES: None
ABSTAIN: None.
ABSENT: Lawler and Kramer
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