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HomeMy WebLinkAbout23 - Amendments to Setback Maps S -3A and S-313P0 m CITY OF z NEWPORT BEACH cl't City Council Staff Report </ FO RN September 12, 2017 Agenda Item No. 23 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Chelsea Crager, Assistant Planner, ccrager newportbeachca.gov PHONE: 949-644-3227 TITLE: Amendments to Setback Maps S -3A and S-313 (PA2016-066) ABSTRACT: Request City Council approval of amendments to the Zoning Code and Local Coastal Program to correct setback maps for eight residential properties on Lido Isle. During the 2010 Zoning Code update, the City inadvertently labeled eight properties incorrectly on Setback Maps S -3A and S-313. The error was also included in the City's 2016 adoption of the Local Coastal Program Implementation Plan. The purpose of the amendments is to correct the mapping errors only. RECOMMENDATION: a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, Class 5 (Minor Alterations in Land Use Limitations) because it has no potential to have a significant impact on the environment; c) Introduce Ordinance No. 2017-13, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Newport Beach Municipal Code Related to Certain Front Yard and Side Yard Setbacks (PA2016-066), and pass to second reading on September 26, 2017; and d) Adopt Resolution No. 2017-59, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Submittal of Local Coastal Program Amendment No. LC2017-004 to the California Coastal Commission Amending the Newport Beach Municipal Code Related to Certain Front Yard and Side Yard Setbacks (PA2016-066). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 23-1 Amendments to Setback Maps S -3A and S-313 (PA2016-066) September 12, 2017 Page 2 9-I&SILO N Proiect Settin The subject amendments affect eight properties located on Lido Isle; seven are located north of Piazza Lido and one is located south of Piazza Lido, and all have frontages on Piazza Lido. The lots are within the R-1 (Single Unit Residential) Zoning District, which is intended to provide for single unit residential land uses. Table 1 provides General Plan and zoning information. Table 1 Existing General Plan and Zoning Information VICINITY MAP A 300 Piazza Lido __rf •^ 3 28 P iazz \l *,.. i = , _ .3411 32,Piazza Lldo �: `., �AM •"�.-,, "f �9„`• ,, ' -408 Pia;Za Lido 412 Piazza Ludo a ' K - - \, _ •. °` r 416 Piazza Lida ria , Via Ithaca ~a * \ 335 Piazza Lida coo 23-2 Amendments to Setback Maps S -3A and S-313 (PA2016-066) September 12, 2017 Page 3 GENERAL PLAN ZONING r, °°r i � ; • , 4 a * 9 r y + i •° a yep { • �/ ' h• s 4n rh ° Y w Raq � 2 A •e, 2 ' r a ' r LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE RS -D (Single -Unit Residential R-1 (Single -Unit Dwelling Detached Residential)Single-Unit NORTH RS -D R-1 Single -Unit Dwelling SOUTH RS -D 11 R-1 Single -Unit Dwelling EAST RS -D R-1 Single -Unit Dwelling WEST RS -D 11 R-1 11 Sin le -Unit Dwelling Background and Prosect Description In 2010, the City substantially updated the Zoning Code. The update included digitizing historic maps that identified setbacks for many properties. These digitized maps are referred to as setback maps in the current Zoning Code and Local Coastal Program Implementation Plan (IP). Setback Maps S -3A and S-313 apply to Lido Isle properties. During the Code update and transition in map format, eight properties were inadvertently labeled incorrectly on Setback Maps S -3A and S-313. In seven of the eight cases, setbacks labeled on the new setback maps were not referenced on the historic maps. In one case (335 Piazza Lido), a front setback was labeled unclearly. Changes to setbacks on Lido Isle were not contemplated during the 2010 Zoning Code update and in digitizing the maps, the intent was to carry forward the same historic zoning and setbacks rather than to alter or add to them. Figure 1 identifies the affected properties and property lines. 23-3 m 1 Amendments to Setback Maps S -3A and S -3B (PA2016-066) September 12, 2017 Page 4 Figure 1 Setback Map S -3A and S-3113 Discrepancies Affected Property Line y%w lr,Q A . t ff x.300 Piazza Lido,,, 1 �0• ��' 328 Piazza Lido 332 Piazza Lido2 335 Piazza Lido r� S 4? Pursuant to Section 20.66.020 of the Newport Beach Municipal Code (NBMC), the Planning Commission initiated the code amendment on July 11, 2016. Plannina Commission Recommendation The Planning Commission determined that the Code Amendment is necessary to correct the error and adopted Resolution Nos. 2061 and 2062 on July 6, 2017 (Attachment C), recommending approval of the Code Amendment to the City Council. The Planning Commission meeting minutes and staff report, which includes a detailed analysis, are contained in Attachment D. Local Coastal Program The Implementation Plan of the Local Coastal Program (LCP) includes setback maps identical to those in the Zoning Code. Therefore, subsequent to the Council adoption of the Zoning Code Amendment, staff will submit corresponding amendments to the LCP for review and approval of the California Coastal Commission to ensure consistency between both regulatory documents. 23-4 Amendments to Setback Maps S -3A and S-313 (PA2016-066) September 12, 2017 Page 5 ENVIRONMENTAL REVIEW: Planning Commission recommends the City Council find this item is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations). The Class 5 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 eight 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. NOTICING: Notice of this proposed amendment was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways) and posted on the subject properties at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. The item also appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Additionally, notice was sent to all persons and agencies on the Notice of Availability mailing list. ATTACHMENTS: Attachment A — Draft Ordinance Attachment B — Draft Resolution Attachment C — Planning Commission Resolution Nos. 2061 and 2062 Attachment D — July 6, 2016 Planning Commission Minutes and Staff Report Attachment E — Existing Zoning Code Setback Maps Attachment F — Proposed Zoning Code Setback Maps Attachment G — Existing Implementation Plan Setback Maps Attachment H — Proposed Implementation Plan Setback Maps 23-5 ATTACHMENT A ORDINANCE NO. 2017-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE NEWPORT BEACH MUNICIPAL CODE RELATED TO CERTAIN FRONT YARD AND SIDE YARD SETBACKS WHEREAS, pursuant to Newport Beach Municipal Code ("NBMC") Section 20.66.020 the Planning Commission initiated a code amendment on July 11, 2016, to amend side and front setbacks for eight residential properties located on Lido Isle, consistent with historic front and side yard setbacks for these properties; WHEREAS, following adoption of the City of Newport Beach's ("City") comprehensive 2010 Zoning Code update, City staff discovered that front setbacks were left unclarified and/or inadvertently placed on setback maps S -3A and S-313 Lido Isle in NBMC Section 20.80.040 ("Setback Maps") for residential properties located at 203 Via Ithaca and 300, 328, 332, 335, 408, 412 and 416 Piazza Lido; WHEREAS, on July 6, 2017, the Planning Commission conducted a public hearing in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider this amendment. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC and Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, at the July 6, 2017, public hearing, the Planning Commission received public comments and written staff reports, and on an affirmative motion (6 ayes, 1 absent, and 0 noes), forwarded a recommendation to the City Council to approve the proposed amendment; WHEREAS, the City Council conducted a public hearing on September 12, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to consider this amendment. 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 City Council at this public hearing; WHEREAS, following this proposed amendment, the subject properties will remain consistent with the General Plan, Coastal Land Use Plan, and Zoning Code designation of Single -Unit Residential (R-1); WHEREAS, the standard side setback for properties over forty feet in width and zoned Single -Unit Residential (R-1) is four feet pursuant to NBMC Section 20.18.030 Table 2-2, unless a different distance is depicted on a setback map; WHEREAS, if a setback is depicted on a setback map, it is regulated as a front setback. Prior to the 2010 Zoning Code update, the historic districting map acted as a setback map. When the Setback Maps were created as a part of the 2010 Zoning Code 23-6 Ordinance No. 201_-_ Page 2 of update, property lines on seven residential properties, previously regulated as side setbacks, were labeled as front setbacks. This discrepancy was inadvertent and this code amendment corrects the prior error; WHEREAS, in the creation of the Setback Maps, the front setback adjacent to Via Firenze for the property at 335 Piazza Lido was left unclear. This ambiguity was inadvertent, and the Setback Maps intended to identify the four foot front setback identified on the historic map, DM6; and WHEREAS, amending the setback map to reinstate the side yard setbacks and clarify front setbacks does not result in a significant change to the existing development pattern of the neighborhood since the properties were developed with these standards, thus, this code amendment allows the properties to maintain their existing uses and remain consistent with adjacent properties. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council hereby approves Code Amendment No. CA2016- 004 amending Setback Maps S -3A and S-313 Lido Isle in NBMC Section 20.80.040(Zoning Code) ("Setback Maps") for residential properties located at 203 Via Ithaca and 300, 328, 332, 335, 408, 412 and 416 Piazza Lido, as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: 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, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the introduction and approval of this ordinance is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the residential properties affected by this 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 residential properties; and the maximum number of dwelling units per property will not change. 23-7 Ordinance No. 201_-_ Page 3 of Section 5: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the NEMC shall remain unchanged and shall be in full force and effect. Section 6: 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 pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of September 2017, and adopted on the day of , 2017, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS KEVIN MULDOON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY Attachment(s), Exhibit A — Setback Maps S -3A and S -31B Lido Isle 23-8 In UM Ln 710 CD Z7�Y e 7p1� •-Or. F ��'.� s�� aZI P91 I 4 0 �i�` 4 _•W 1 d rMl 13W 7 / df 11Zf "m �Qf 1193 9914 V y �e f9p1 P10d 9]1 h9 9dyy 9tlda 1421 1490 Im Es 3A - Lido Isle Setback Map 23-9 n v P© BB 4! Ur -y n' , •' op � f �a y wars 4�, Rv a Q'• � X51 ?. w g S asE4 $71 w a r44 4p, ?fr i -q ar r 5 � err F %4 � q •[:3 O �! :+�� 1Q y , F ��` ;�"p�" ��'fy µ�°g•... cam} P2 ,�'a _ 4 ;q F Al� 2 ! v aej say �' _ 7p 4.; ac' 8 coa � F,osz arse res: �� `4a �t �-0 .4 'zt6 �• � 3'� s+zsaz $ sesz a.se It s4. T4s Qac fir, T551 ' resz e+sz 2 a r 4 s 141 ja a � �{ 4 �y�'•V '�dl ! h"Bl � `�?r 'W R"S ZBa 70 � ' ��� � orf `7@ '•' fie, �" S-3113 - Lida Isle Setback Map 23-10 ATTACHMENT B RESOLUTION NO. 2017-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2017-004 TO THE CALIFORNIA COASTAL AMENDING THE NEWPORT BEACH MUNICIPAL CODE RELATED TO CERTAIN FRONT YARD AND SIDE YARD SETBACKS (PA2016-066) WHEREAS, pursuant to Newport Beach Municipal Code ("NBMC") Section 20.66.020 the Planning Commission initiated a code amendment on July 11, 2016, to amend side and front setbacks for eight residential properties located on Lido Isle, consistent with historic front and side yard setbacks for these properties; WHEREAS, following adoption of the City of Newport Beach's ("City") comprehensive 2010 Zoning Code update, City staff discovered that front setbacks were left unclarified and/or inadvertently placed on setback maps S -3A and S-313 Lido Isle in NBMC Section 20.80.040 ("Setback Maps") for residential properties located at 203 Via Ithaca and 300, 328, 332, 335, 408, 412 and 416 Piazza Lido; WHEREAS, on July 6,2017, the Planning Commission conducted a public hearing in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider this amendment. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC and Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, at the July 6, 2017, public hearing, the Planning Commission received public comments and written staff reports, and on an affirmative motion (6 ayes, 1 absent, and 0 noes), forwarded a recommendation to the City Council to approve the proposed amendment; WHEREAS, the City Council conducted a public hearing on September 12, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to consider this Amendment. 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 City Council at this public hearing; WHEREAS, following this proposed amendment, the subject properties will remain consistent with the General Plan, Coastal Land Use Plan, and Zoning Code designation of Single -Unit Residential (R-1); WHEREAS, the standard side setback for properties over forty feet in width and zoned Single -Unit Residential (R-1) is four feet pursuant to NBMC Section 20.18.030 Table 2-2, unless a different distance is depicted on a setback map; WHEREAS, if a setback is depicted on a setback map, it is regulated as a front setback. Prior to the 2010 Zoning Code update, the historic districting map acted as a 23-11 Resolution No. 2017 - Page 2 of setback map. When the Setback Maps were created as a part of the 2010 Zoning Code update, property lines on seven residential properties, previously regulated as side setbacks, were labeled as front setbacks. This discrepancy was inadvertent and this code amendment corrects the prior error; WHEREAS, in the creation of the Setback Maps, the front setback adjacent to Via Firenze for the property at 335 Piazza Lido was left unclear. This ambiguity was inadvertent, and the Setback Maps intended to identify the four foot front setback identified on the historic map, DM6; WHEREAS, amending the setback map to reinstate the side yard setbacks and clarify front setbacks does not result in a significant change to the existing development pattern of the neighborhood since the properties were developed with these standards, thus, this code amendment allows the properties to maintain their existing uses and remain consistent with adjacent properties; and WHEREAS, pursuant to Section 13515 of Title 14, Division 5.5, of the California Code of Regulations, review drafts of the Local Coastal Program Implementation Plan ("LCP") Amendment No. LC2017-004 were made available and a notice of the availability was distributed a minimum of six weeks prior the City Council public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows- Section ollows: Section 1: The City Council does hereby authorize City staff to submit LCP Amendment No. LC2017-004 to the California Coastal Commission for review and approval, as attached in Exhibit A, and incorporated herein by reference. Section 2: LCP Amendment No. LC2017-004 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council of the City of Newport Beach. Section 3: The City certifies the LCP including the proposed amendment is intended to be carried out in a manner fully in conformity with the California Coastal Act. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 23-12 Resolution No. 2017 - Page 3 of Section 6: This action is exempt from environmental review under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the residential properties affected by this 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 residential properties; and the maximum number of dwelling units per property will not change. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of September, 2017. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY EY'S OFFICE Aaron C. Ilarp City Attorney Attachment(s): Exhibit A — Setback Maps S-3A_IP and S-3B_1P Lido Isle 23-13 CD CD Qv t'a a y ll S µ�Q O• ++ Free: 4f 41 , "� < 10 Lit ,y 9 tre s � d'" $ $ � gr � N•e c` �4,. °� � gas �' T5p xs �`�L=�q syr �`' � •�q ��. s�` � }xPo .3= 4. raw S See ra,b Yya 2 a4 Q �4, gn.``! *ior " t IO � q i0 15}i l5r8 q'8 '4 S '�•" 4 k 0� + taor r5Po w` ry wya W k Izzr m h 0 z � � kk �° _�'�•a w �' yrAc ay ,� e+c < rsir }zrAo a ,� ,Q h 4y O env«g9 rzbr /Ift Izov 41 y >� rrra nrb `4 Tl �/ }IW Y151 I4W Y Y03p r2 UW IV21 �y S4}4 S -3A _ Lido Isle Setback Map 23-14 Q o 4 a 1ti0 o f� sst ICU Cn N cy c IOti a G..,rn CD •r IV gtv 7, sz5 79 .: ` / O s u v ey AT J e � � ° a - d-4_ � ` H' � a � '✓ p'�' gid• 4 � tai' �b� r�O=�M 4 � •� '�i Iq n Ho �4M� q' H hf a tiv 'o 7 O rrr `x^ 8 4 `S' •" «` � z. �O dyr �' �pp�°+�' e" /f It sosz s aTC M `'�) HOSE r lSR 96FC MU s<Q 4 xb, 995C 414err �� , tea) zest aa, y a R $ S-3113 - Lido Isle Setback Map ATTACHMENT C RESOLUTION NO. 2061 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL OF NEWPORT BEACH APPROVE NEWPORT BEACH MUNICIPAL CODE AMENDMENT NO. CA2016-004 TO AMEND SETBACKS FOR EIGHT RESIDENTIAL PROPERTIES ON LIDO ISLE (PA2016-066) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. Pursuant to Newport Beach Municipal Code ("NBMC") Section 20.66.020, the Planning Commission initiated an NBMC amendment on July 11, 2016, to amend side and front setbacks for eight residential properties on Lido Isle, consistent with the historic front and side yard setbacks for these properties. 2. Following adoption of the City of Newport Beach's ("City") comprehensive 2010 Zoning Code update, City staff discovered front setbacks were left unclarified and/or inadvertently placed on setback maps S -3A and S-313 Lido Isle in NBMC Section 20.80.040 ("Setback Maps") for residential properties located at 203 Via Ithaca and 300, 328, 332, 335, 408, 412 and 416 Piazza Lido. 3. The NBMC amendment would remove the additional front setbacks inadvertently placed on the Setback Maps for residential properties located at 203 Via Ithaca and 300, 328, 332, 408, 412 and 416 Piazza Lido, reinstate side setbacks for these properties, and clarify a front setback on the Setback Maps for the residential property located at 335 Piazza Lido. 4. The subject properties are designated Single Unit Residential Detached (RS -D) by the Land Use Element of the General Plan and are located within the Single Unit Residential (R-1) Zoning District. 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached (RDS -C). 6. The Planning Commission conducted a public hearing on July 6, 2017, 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 23-16 Planning Commission Resolution No. 2061 Page 2 of 4 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 Single Unit Residential (R-1) with the code amendment to change the setbacks on the Setback Maps for properties located at 203 Via Ithaca and 300, 328, 332, 408, 412 and 416 Piazza Lido. 2. The standard side setback for properties over 40 feet in width and zoned Single -Unit Residential (R-1) is four feet pursuant to NBMC Section 20.18.030 Table 2-2, unless a different distance is depicted on a setback map. If a setback is depicted on a setback map, it is regulated as a front setback. Prior to the 2010 Zoning Code update, the historic districting map acted as a setback map. When the Setback Maps were created as a part of the 2010 Zoning Code update, property lines on seven residential properties, previously regulated as side setbacks, were labeled as front setbacks. This discrepancy was inadvertent and this code amendment corrects the prior error. 3. Amending the Setback Maps to reinstate the four -foot side yard setbacks will maintain the existing development pattern of the neighborhood since the properties were developed with the historic setbacks. Additionally, properties in the surrounding area are regulated with three to four -foot side setbacks, depending on lot width. Thus, this code amendment allows the properties to maintain their existing uses and remain consistent with adjacent properties. 4. The additional front setbacks not only affect building placement, but also impact the height of accessory structures, buildable area and ultimately the maximum size of single family residences on the properties. Therefore, the development limits of the subject properties have been unintentionally changed and reinstating the correct side setbacks is necessary to return historic property rights to the property owners. 5. In the creation of the Setback Maps, the front setback adjacent to Via Firenze for the property at 335 Piazza Lido was left unclear. This ambiguity was inadvertent, and the Setback Maps intended to identify the 4 -foot front setback identified on the historic map, DM6. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends the City Council of Newport Beach approve NBMC Amendment No. CA2016-004 amending the setbacks of eight residential properties located at 203 Via Ithaca and 300, 328, 332, 335, 408, 412, and 416 Piazza Lido on setback maps S -3A and S-313 as set forth in Exhibit "A," which is attached hereto and incorporated by reference. PASSED, APPROVED AND ADOPTED THIS 6t" DAY OF JULY, 2017. AYES: Dunlap, Kleiman, Koetting, Kramer, Weigand, Zak 23-17 Planning Commission Resolution No. 2061 Page 3 of 4 NOES: None ABSTAIN: None ABSENT: Lowrey 21 /V) Erik Weigand, Secre ry 23-18 Planning Commission Resolution No. 2061 Page 4 of 4 EXHIBIT "A" Newport Beach Municipal Code Amendment No. CA2016-004 23-19 U N CD O N 5 rN I �s- ; t_ iMEMBER t y l wt epi `�-i9`� ' t ", u . �''.�F�- .f:' � " 4'°"•, ��ib0 �6'v�� .' Vfg •rb Y,N�B v � 11 { .. N 4d�r 1801 M �5� '� E N _ 5T¢ fiiV 1610 • �i,@F �� N nrU ezt by� d7 .� rszj•. ,p soj ¢� 2 Jx�� W M�9i,. '�O,aO FF��. g 19111 19 '.Y N N Y N YKYq �b � �w;rF• "' T Y 13� BR m 4"4 �� � ra"ePE, v � �• ' �� �'�'� : ,zoo uzir tzoo 1100 NE Lt'�� �''• 1031 r lozo loo0 lozi luio 1011'. V t000 S -3A - Lido Isle Setback Map 23-20 cn L � sR ° -�#� � Q S• � � � �0 mr E ,S' d , s s ('r' N Mm-5. -(10 R's (D:.f Ym '� sn �s Y$ q a��N ,� g�, e ,a•� " �"¢ asp lit .. A N � "`• � yt Owl �� � J V yd3 ts�s> .. zX yq �1 � k'azEas°' y � e eq� •zj y� �� e Wh�7'40° i �r �<y G L �7N sfifi�Ov (,�v y zosa ZfSL y�,�g. ¢ O ° zaTT � z�z � � `�'•i :. z�z zga5 sssi e � r t '� a:.is zsa> �Bz zss, T zsu zssz ��l mss $s• zs z �4z Jaz s zsT °ny w b�' 10 S-313 - Lido Isle Setback Map 23-21 RESOLUTION NO. 2062 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2017-004 AND SUBMITTAL TO THE CALIFORNIA COASTAL COMMISSION FOR REVIEW AND APPROVAL THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. Section 30500 of the Public Resources Code requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction. 2. The California Coastal Commission effectively certified the City of Newport Beach ("City") LCP on January 13, 2017, and the City assumed coastal development permit -issuing authority on January 30, 2017. 3. An LCP amendment is necessary to address issues that have arisen since the LCP was certified. 4. Following adoption of the City's comprehensive 2010 Zoning Code update, City staff discovered front setbacks were left unclarified and/or inadvertently placed on setback maps S -3A and S-313 Lido Isle in NBMC Section 20.80.040 ("Setback Maps") for residential properties located at 203 Via Ithaca and 300, 328, 332, 335, 408, 412 and 416 Piazza Lido. 5. The LCP amendment would remove the additional front setbacks inadvertently placed on the Setback Maps for residential properties located at 203 Via Ithaca and 300, 328, 332, 408, 412 and 416 Piazza Lido, reinstate side setbacks for these properties, and clarify a front setback on the Setback Maps for the residential property located at 335 Piazza Lido. 6. The Planning Commission conducted a public hearing on July 6, 2017, 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 action 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 23-22 Planning Commission Resolution No. 2062 Page 2 of 3 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. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends the City Council of the City of Newport Beach approve Local Coastal Program Amendment No. LC2017-004, as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. 2. The Planning Commission of the City of Newport Beach hereby certifies the LCP and the amendment thereto contained in this resolution are intended to be carried out in a manner fully in conformity with the California Coastal Act. Thus, the Planning Commission recommends the City Council of the City of Newport Beach direct staff to submit the proposed amendments to the California Coastal Commission for review and approval. 3. The certified LCP, including the proposed amendment, shall be carried out fully in conformity with the California Coastal Act. 4. The LCP amendment shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. PASSED, APPROVED, AND ADOPTED THIS 6TH DAY OF JULY, 2017. AYES: Dunlap, Kleiman, Koetting, Kramer, Weigand, Zak NOES: None ABSTAIN: None ABSENT: Lowrey Erik Weigand, 23-23 Planning Commission Resolution No. 2062 Page 3 of 3 EXHIBIT "A" Local Coastal Program Amendment No. LC2017-004 23-24 NINE-` OR A S -3A - Lido Isle Setback Map :] 23-25 1Z+ Na`�z' Cn '„vsza o N+VgF y aAix1 „ 4a a tubi. 'i% asJ y � $,� � vw p1���' O ��'i� ,�?• L��'" ,�F �A'�; w"�•,i.t� +0'\ �, ' n O wt o rN+ + s��. - N S N to Of 41 Y +� w e w � � t *k 1 N �.� N . aF••% �r YY%Y enimv y�r�� N � y ��'•�' �NFzw ooC ��a . �°v >� f �'a, - 44 W aS3 ♦t' '$ � 'eCN P � � P I ? A¢i' ~A+ aAF ry J ;:. $ , ,�... is �c9$N456�'7 B,V�isM �>0 I5s J 9lSL p SLSZ ZLSZ r' '�•' � SZSZ 2f SL E'6 O�cY Y iQ I w'S>, � 13'1�aIJ LESL 0 92SL g 4 J y ����� ' � s `�a! ze>z my zssz SKZ • 25R T 2551 S-313 - Lido Isle Setback Map 23-26 ATTACHMENT D NEWPORT BEACH PLANNING COMMISSION MINUTES 07/06/2017 In reply to Commissioner Weigand's questions, City Attorney Torres did not believe Commissioner Kramer's motion included Mr. Mosher's suggested changes. Condition Numbers 11 and 25 are duplicative with Number 25 containing more information. Deputy Director Wisneski requested the motion include deleting Condition Number 11, correcting Condition Number 21 to indicate "on-site", and revise Condition Number 28 so that it makes sense and references Condition Numbers 26 and 27. Assistant City Attorney Torres concurred with the revisions. Commissioner Kramer agreed to incorporate staff's requested revisions into the motion. Amended Motion made by Commissioner Kleiman and seconded by Commissioner Dunlap to adopt Resolution No. 2060. approving Conditional Use Permit No. UP2017-004; and finding this project exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines under Class 1 with Deputy Director Wisneski's revisions and with the store hours changed to 9 a.m. to 10 p.m. Monday through Sunday. Amended Motion AYES: Dunlap, Kleiman NOES: Kramer, Koetting, Zak, Weigand ABSTAIN: None ABSENT: Lowery Motion AYES: Kramer, Koetting, Zak, Dunlap, NOES: None ABSTAIN: None ABSENT: Lowery =; ITEM NO.4 CODE AMENDMENT FOR SE Site Location: 203 Via_.Ithaca Piazza Lido, 408 Piazza _Lido, Deputy Director Wisneski repo K MAPSS-3A AND S-3113 (PA2016-066) Piazza,' Lido, 328 Piazza Lido, 332 Piazza Lido, 335 iazza Lido, 416 Piazza Lido up setback maps. Assistant Planner Chelsea Crage .. advised that the Commission previously heard the item to initiate the Code Amendment. In 2010,. a_comprehensive Zoning Code updated digitized historic districting maps into setback maps. The intent of the update =was to carry forward existing setbacks rather than to alter or add to setbacks. For seven of the eight properties, setback maps_lbeled additional setbacks that were never referenced on the historic map. For the eighth property, the setback map labeled the property unclearly. On the historic maps, the northern properties have front setbackg%beled along Piazza Lido and no additional setbacks referenced. On the historic maps, the southern property clearly has three labeled setbacks. For the seven northern properties, the bold lines representing front setbacks were carried over to side property lines. For the southern property, it is unclear that the bold line was intended to have four labeled on one side. Staff is attempting to correct errors in the setback maps as they find them. Staff recommends the Commission recommend the City Council approve the Zoning Code amendment, approve the Local Coastal Plan amendment, and authorize submittal to the California Coastal Commission. In reply to Chair Koetting's inquiries, Assistant Planner Crager indicated staff will have additional corrections. Because these properties are located in the Coastal Zone, any changes to Title 21 have to be approved by the Coastal Commission. Deputy Director Wisneski added that staff has not spoken with Coastal Commission staff about this type of item. Staff suggested the Coastal Commission may consider this type of item as minor and process them as a de minimis amendment. In response to Commissioner Dunlap's question, Deputy Director Wisneski explained that the Coastal Commission certified the Local Coastal Program, which is the City's regulatory document. This amendment changes the regulatory document. Therefore, the Coastal Commission has to approve the amendment. 4 of 6 23-27 NEWPORT BEACH PLANNING COMMISSION MINUTES XI 07/06/2017 In reply to Commissioner Kleiman's query, Assistant Planner Crager reported the address for 200 Via Eboli changed to 300 Piazza Lido. Chair Koetting opened the public hearing. Jim Mosher questioned whether the limit of amending the Local Coastal Program only three times per year applied to the Land Use Plan or Title 21. Deputy Director Wisneski indicated the limit applies to the entire Local Coastal Program, which includes the Land Use Plan and Title 21. Staff intends to package many minor amendments in order to comply with the limit of three amendments. Assistant City Attorney Torres clarified that the limit of three amendments applied to major amendments, not to de minimis amendments such as this. In response to Chair Koetting's question, Deputy Director Wisneski advised that she was not aware of any pending applications for these properties. Chair Koetting closed the public hearing. Motion made by Commissioner Kramer and seconded by Commissioner Weigand to adopt Resolution No. 2061. recommending the City Council approve Zoning Code Amendment No. CA2016-004 amending Setback Map Nos. S -3A and S-313; adopt Resolution No. 2062 recommeh- the City Council approve Local Coastal Program Amendment No. LC2017-004 and authorize submittal ta:-;the California Coastal Commission; and finding this project exempt from the California Environmental Quality=Act pursuant to Section 15305 of the CEQA Guidelines, Class 5. AYES: Kramer, Koetting, Zak, Dunlap, Kleiman'egand s�^rn. KI -__ _. .. REPORT Deputy Director Wisneski reported the July 20 tentative agenda includes the Mariner's Mile Revitalization Plan. Staff will hold a mini study session on the Plan with new Commissioners and an informal public meeting with key community members. The July 20 agenda also contains an item for Ullman Sail Lofts, which is a mixed-use project on the Peninsula. The August 3 tentative agenda includes an amendment to the Lido Marina Village Parking Management Plan. In response to Chair Koetting's questions, Deputy Director Wisneski advised that Lido Marina Village made some changes to allow employees to park in the parking structure for free rather than take a shuttle. If no other items come up, staff may continue the item to another meeting. ITEM NO.7 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT Commissioner Weigand reported he provided updates to the Corona del Mar Residents Association. Residents expressed concern about trucks with advertising signs and motor homes parking on Old Newport Boulevard for an extended amount of time but -less than the 72 -hour limit. He questioned whether there was any desire for enforcement or for an overnight parking restriction. 5 of 6 23-28 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT July 6, 2017 Agenda Item No. 4 SUBJECT: Code Amendments for Setback Maps S -3A and S-313 (PA2016-066) SITE LOCATION: 203 Via Ithaca, 300 Piazza Lido, 328 Piazza Lido, 332 Piazza Lido, 335 Piazza Lido, 408 Piazza Lido, 412 Piazza Lido, 416 Piazza Lido ■ Zoning Code Amendment No. CA2016-004 ■ Local Coastal Program Amendment No. LC2017-004 APPLICANT: City of Newport Beach PLANNER: Chelsea Crager, Assistant Planner (949) 644-3227, ccrager(c-Dnewportbeachca.gov PROJECT SUMMARY Amendments to the Zoning Code and Local Coastal Program to correct setbacks for eight properties on Lido Isle. During the 2010 Zoning Code update, the City inadvertently labeled eight properties incorrectly on Setback Maps S -3A and S-313. The error was also included in the City's 2016 adoption of the Local Coastal Program Implementation Plan. The purpose of the amendment is to correct the mapping errors. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, Class 5 (Minor Alterations in Land Use Limitations) because it has no potential to have a significant effect on the environment; 3) Adopt Resolution No. _ (Attachment No. PC 1) recommending the City Council approve Zoning Code Amendment No. CA2016-004 amending Setback Map Nos. S - 3A and S-313; and 4) Adopt Resolution No. _ (Attachment No. PC 2) recommending the City Council approve Local Coastal Program Amendment No. LC2017-004 and authorize submittal to the California Coastal Commission. 1 23-29 2 23-30 Code Amendments for Setback Maps S -3A and S -31B Planning Commission, July 6, 2017 Paqe 2 VICINITY MAP r , s 300 Piazza Lido 328 Piazza Lido ,' ,,♦ ' 332 Piazza Lido L '., � f IS \� 408 Piazza Lido v. z? ' � . 412 Piazza Lido + \ 416 Piazza Lido /I c 203 Via Ithhalb X335 Pi, zza Lida IN SOUTH 11 7 y t. :$✓ GENERAL PLAN ZONING �r a '44' R-1 ,- WEST RS -D R-1 i F 9 LOCATION ON-SITE GENERAL PLAN RS -D (Single -Unit Residential Detached ZONING R-1 (Single -Unit Residential)Single-Unit CURRENT USE Dwelling NORTH RS -D =1 R-1 Sin le -Unit Dwelling SOUTH 11 RS -D =1 R-1 Sin le -Unit Dwelling EAST RS -D R-1 Sin le -Unit Dwellin WEST RS -D R-1 Single -Unit Dwelling 3 23-31 Code Amendments for Setback Maps S -3A and S -31B Planning Commission, July 6, 2017 Page 3 INTRODUCTION Background and Protect Description The subject amendments affect eight properties located on Lido Isle; seven are located north of Piazza Lido and one is located south of Piazza Lido, and all have frontages on Piazza Lido. The lots are within the R-1 (Single Unit Residential) Zoning District, which is intended to provide for single unit residential land uses. Table 2-2 of Zoning Code Section 20.18.030 (Residential Zoning Districts General Development Standards) specifies required front, side, and rear setback dimensions. It notes that the referenced setbacks apply, unless identified differently on a setback map. In such cases, the setback map controls. In 2010, the City substantially updated the Zoning Code. Through this process, the City digitized historic maps that identified setbacks for many properties throughout the City. These digitized maps are referred to as setback maps in the current Zoning Code and Local Coastal Program Implementation Plan (IP). Setback Maps S -3A and S-313 apply to Lido Isle properties. During the Code update and transition in map format, eight properties were inadvertently labeled incorrectly on Setback Maps S -3A and S-313. In seven of the eight cases, setbacks labeled on the new setback maps were never referenced on the historic maps. In one case, a front setback was labeled unclearly. In digitizing the maps, the intent was to carry forward the same historic zoning and setbacks rather than to alter or add to them. Figure 1 identifies the affected properties and property lines. Figure 1: Setback Map S -3A and S-3113 Discrepancies II' f F. f �n 'I;i i Lic o :Q' > Piazza Lido ti Attected Property Line Via ' r r 7 74/�711 r r -s_ 4 23-32 Code Amendments for Setback Maps S -3A and S -3B Planning Commission, July 6, 2017 Page 4 The proposed amendment serves two purposes. It will remove setbacks referenced in error on Setback Maps S -3A and S-313 for the seven properties north of Piazza Lido. These properties would default to the standard 4 -foot side setback identified in Table 2-2 (Development Standards for Single Unit Residential Zoning Districts) of the Zoning Code. It will also clarify the setback adjacent to Via Firenze for the property south of Piazza Lido. Currently, the label is unclear (0 -foot or 4 -foot). The historic map referenced 4 feet, which should have carried forward on the setback map. An amendment to Setback Maps S -3A and S-313 is necessary to correct the mapping errors. The Planning Commission initiated the code amendment on July 11, 2016, pursuant to Section 20.66.020 (Initiation of Amendment) of the Newport Beach Municipal Code. DISCUSSION Analysis General Plan /Local Coastal Plan /Zoning Code The Land Use Element of the General Plan and Coastal Land Use Plan (CLUP) designate the eight properties Single -Unit Residential Detached (RS -D / RSD -C). The Zoning Code designates the subject properties Single -Unit Residential (R-1). These designations allow for one dwelling on each property. Each subject property consists of a single -unit dwelling, consistent with these designations. The proposed amendment does not change the existing or future use of the affected properties. Purpose of Setback Maps Setback maps typically identify a setback's location and reference the required setback dimensions when setbacks have been adopted that are different than the standards identified in the Zoning Code. These can vary across different lots and blocks throughout the City. For example, the R-1 and R-2 standard is 20 feet; however on the Balboa Peninsula the front setbacks range between zero and ten feet. The setback maps also include some specific side and rear setbacks that differ from the Zoning Code standards. All setbacks identified on the setback maps are regulated as front setbacks. In some cases, properties may have multiple setbacks identified on a setback map. Setbacks affect building location and impact buildable area, floor area limit, open volume, and third floor limitations. They also affect the heights of fences and walls, among other minor accessory improvements in those specified areas. For example, in reference to front setbacks, fences and walls are typically limited to a maximum height of three and one- half feet. This differs from side or rear setbacks, which typically allow a maximum height up to six feet for fences and walls. 23-33 Code Amendments for Setback Maps S -3A and S -31B Planning Commission, July 6, 2017 Page 5 Mapping Errors Figure 2 shows existing Setback Maps S -3A and S-313 and historic setback map, Districting Map DM6. Prior to the 2010 Zoning Code update, the historic districting map acted as both the Zoning Map and setback map. When the setback maps were created as a part of the update, property lines on seven residential properties north of Piazza Lido that were previously regulated as side setbacks were inadvertently labeled as front setbacks. It is likely that the orientation of the lots relative to others on the block contributed to the mapping error. For the single property south of Piazza Lido, Setback Maps S -3A and S -31B are correct in identifying a 0 -foot setback adjacent to Piazza Lido and a four -foot setback adjacent to Via Fermo. However, the setback identified adjacent to Via Firenze is unclear (0 feet or 4 feet). The historic map referenced 4 feet, which should have carried forward. Figure 3 shows the proposed setback map. Figure 2: Existing Setback Map S -3A and Districting Map DM6 ff q300 Piazza ido, s PiazzaLido .: Lido ' 41 332YPiazza Lido �e yis 71 47 S A; X408 Piazza Lido�� Q412 Piazza Lido 0 \\ 416 Piazza Lido 335 Piazza Lido ,6 720 y ra> 7 5 Q O Affected Property Line NV / I� dPe 3a `I ry,S -1,q a \i 0 23-34 14 }1 W Code Amendments for Setback Maps S -3A and S -3B Planning Commission, July 6, 2017 Page 6 r N. dff ! } r 4 3GO Piazza Li / 4:1 AW 42- V 328 Piazza Lioo ry N 17 332 Piazza Lido , j /335 Piazza Lido`FC7 � '+UQ Piazza Lido 4 12 Piazza Lido 416 Piazza Lida F-203 via Ithaca n�� Figure 3: Proposed Setback Maps S -3A and S-3113 S, Floor Area Limit Changes 4} h© 7 �a i �- r2h. O X05 The proposed amendment to Setback Maps S -3A and S-313 will increase the floor area limit (maximum square footage) at four of the eight properties. The other four properties will experience no change. The floor area limit for each property on Lido Isle equals two times the buildable area of the lot, which is defined as the lot area less the required setback area. The buildable area and corresponding floor area limit for each lot can vary 7 23-35 Code Amendments for Setback Maps S -3A and S -31B Planning Commission, July 6, 2017 Page 7 based on differing lot dimensions and setback requirements. Table 2 provides a comparison of existing development limits, and limits resulting from the proposed amendment. Table 2: Comparison of Development Limits* Address Area Buildable Area (Existing) Buildable Area (Proposed) Floor Area Limit (Existing) Floor Area Limit (Proposed) Floor Area Limit Change 200 Via Ithaca 4,481 3,258 3,258 6,516 6,516 0 300 Piazza Lido 6,936 5,225 5,272 10,450 10,544 +94 328 Piazza Lido 3,825 2,279 2,720 4,558 5,440 +882 332 Piazza Lido 3,525 2,766 2,766 5,532 5,532 0 335 Piazza Lido 3,800 2,953 2,953 5,906 5,906 0 408 Piazza Lido 3,525 2,398 2,398 4,796 4,796 0 412 Piazza Lido 3,825 2,279 2,720 4,558 5,440 +882 416 Piazza Lido 4,288 2,749 3,131 5,498 6,262 +764 *Lot size, buildable area, and floor area limit are estimates based on City measuring tools and will be verified when plans are submitted for plan check. Summary Staff recommends amending the setback maps to reflect the setbacks on the historic districting map to correct the inequity and error from the 2010 Zoning Code update. As illustrated by the preceding analysis, the unintended change to these lots has impacted their development limits. Changing the setbacks would maintain the existing development pattern of the neighborhood since the eight homes have been developed according to the historic districting map development limits. Local Coastal Plan The Implementation Plan of the Local Coastal Program (LCP) includes setback maps identical to those in the Zoning Code. Therefore, subsequent to the Council adoption of the Zoning Code Amendment, staff will submit corresponding amendments (Attachment No. PC 2) to the LCP for review and approval of the California Coastal Commission to ensure consistency between both regulatory documents. Altarnativac The Planning Commission has the option to recommend denial of the amendment or recommend different setbacks to the subject eight lots. g 23-36 Code Amendments for Setback Maps S -3A and S-313 Planning Commission, July 6, 2017 Page 8 Environmental Review The item is categorically exempt under Section 15305 of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations). The Class 5 exemption allows minor alterations in lane 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 eight 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. =0M01reTm Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: t Chelsea Crager, Ass' taut Planner Br n a Wisner i, �ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution Recommending the City Council Approve Zoning Code Amendment No. CA2016-004 Amending Setback Map Nos. S -3A and S-313 PC 2 Draft Resolution Recommending the City Council Approve Local Coastal Program Amendment No. LC2017-004 and Authorize Submittal to the California Coastal Commission 11/18/16 9 23-37 1 D 23-38 Attachment No. PC 1 Draft Resolution Recommending the City Council Approve Zoning Code Amendment No. CA2016- 004 Amending Setback Map Nos. S -3A and S-313 11 23-39 12 23-40 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL OF NEWPORT BEACH APPROVE NEWPORT BEACH MUNICIPAL CODE AMENDMENT NO. CA2016-004 TO AMEND SETBACKS FOR EIGHT RESIDENTIAL PROPERTIES ON LIDO ISLE (PA2016-066) 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 Planning Commission initiated an NBMC amendment on July 11, 2016, to amend side and front setbacks for eight residential properties on Lido Isle, consistent with the historic front and side yard setbacks for these properties. 2. Following adoption of the City of Newport Beach's ("City") comprehensive 2010 Zoning Code update, City staff discovered front setbacks were left unclarified and/or inadvertently placed on setback maps S -3A and S-313 Lido Isle in NBMC Section 20.80.040 ("Setback Maps") for residential properties located at 203 Via Ithaca and 300, 328, 332, 335, 408, 412 and 416 Piazza Lido. 3. The NBMC amendment would remove the additional front setbacks inadvertently placed on the Setback Maps for residential properties located at 203 Via Ithaca and 300, 328, 332, 408, 412 and 416 Piazza Lido, reinstate side setbacks for these properties, and clarify a front setback on the Setback Maps for the residential property located at 335 Piazza Lido. 4. The subject properties are designated Single Unit Residential Detached (RS -D) by the Land Use Element of the General Plan and are located within the Single Unit Residential (R-1) Zoning District. 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached (RDS -C). 6. The Planning Commission conducted a public hearing on July 6, 2017, 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 is 23-41 Planning Commission Resolution No. #### Page 2 of 4 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 Single Unit Residential (R-1) with the code amendment to change the setbacks on the Setback Maps for properties located at 203 Via Ithaca and 300, 328, 332, 408, 412 and 416 Piazza Lido. 2. The standard side setback for properties over 40 feet in width and zoned Single -Unit Residential (R-1) is four feet pursuant to NBMC Section 20.18.030 Table 2-2, unless a different distance is depicted on a setback map. If a setback is depicted on a setback map, it is regulated as a front setback. Prior to the 2010 Zoning Code update, the historic districting map acted as a setback map. When the Setback Maps were created as a part of the 2010 Zoning Code update, property lines on seven residential properties, previously regulated as side setbacks, were labeled as front setbacks. This discrepancy was inadvertent and this code amendment corrects the prior error. 3. Amending the Setback Maps to reinstate the four -foot side yard setbacks will maintain the existing development pattern of the neighborhood since the properties were developed with the historic setbacks. Additionally, properties in the surrounding area are regulated with three to four -foot side setbacks, depending on lot width. Thus, this code amendment allows the properties to maintain their existing uses and remain consistent with adjacent properties. 4. The additional front setbacks not only affect building placement, but also impact the height of accessory structures, buildable area and ultimately the maximum size of single family residences on the properties. Therefore, the development limits of the subject properties have been unintentionally changed and reinstating the correct side setbacks is necessary to return historic property rights to the property owners. 5. In the creation of the Setback Maps, the front setback adjacent to Via Firenze for the property at 335 Piazza Lido was left unclear. This ambiguity was inadvertent, and the Setback Maps intended to identify the 4 -foot front setback identified on the historic map, DM6. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends the City Council of Newport Beach approve NBMC Amendment No. CA2016-004 amending the setbacks of eight residential properties located at 203 Via Ithaca and 300, 328, 332, 335, 408, 412, and 416 Piazza Lido on setback maps S -3A and S-313 as set forth in Exhibit "A," which is attached hereto and incorporated by reference. PASSED, APPROVED AND ADOPTED THIS 6t" DAY OF JULY, 2017. AYES: 1 23-42 NOES: ABSTAIN: ABSENT: �m I BY: Secretary Planning Commission Resolution No. #### Page 3 of 4 15 23-43 Planning Commission Resolution No. #### Page 4 of 4 EXHIBIT "A" Newport Beach Municipal Code Amendment No. CA2016-004 10 23-44 z m 3 D / V/ 1 W D 0-05 00 0CINN IPA, '� �O � Omwo 00 - 403 p' 3 �� 4 `?27 �!' y ti �O O 3p b& v y v 30 t N v y 336 ° 40 5 o D oo Q^O wti 4 '"32s ti titi� w'v' v' 3���0 rn� o �q �ti �� X32 v ati Feoy '7� 3704 0 ti 0 atio oti � ti 360 w v ti o 3asv w 423A y oti �zs O^ V1A H o'O co •vim 4 407 9 O AVRF V!v v �/v O cn ti/� w o v y ti w Doti V 33 8 `6u O Ocd ti 33 = O' 01A oHACA / a ww 339 OHO3>306 4 Sp1 1,14 C.rwte ti o koRoly V' 507 'Soo w v a S71 V1A V 512 S72 /v w 519 .inn 5327�\ 2400 O� V O �1 00 9 0 0 � O 4 71;, O 706 ag�772 D` 77 77,6 'c° ate ` 722 J 724 S -3A -Lido Isle Setback Map 180 1 1800 1)30 1>p0 io ca_ a1 q CO y 1610 �o All 1 1600 760 1S20 WO 1521 1S11 1$01 0 mm 1421 Na 0 1¢1j L, z 1401 c 140 N 0 1311 1310 m� z 210 1301 '' 1300 G7 0 1221 SA71V7 D� ANORf W S R BAYC 121j 1210 1201 1200 1200 1121 1120 1113 1110 1100 1101 1100 1031 1020 1000 1021 1010 1011 a >O 1000 S -3A -Lido Isle Setback Map C] N N Cn n O CD CD 1 - ti 63S m m 8S3'�p� yo 0 907 /- w 904 Q .i 175 ZL6 O 5 9 A �p6 9j` 6°6 yo LZ6 w G 2 c 56 , 62g 24' o` /\/7 S0 �7A �` 7 .�� N o KORON ti n 577 �7A a v o <0 Z0 C� 6071 — 117a 2/1 Cq O ' Y wA2jFR y co'° �� 'S6 S o� o '60 1o4 F 1900 7fOR� m o2mam� c 5 oy Ya�a c oozaao a yz'S,no 2 S -31B -Lido Isle Setback Map o a� 2y07 2477 2130 v-0ti 214 2127 O 2137 ,Oti �p ti 2862 2 tiw �, SRF vow 7 2461 Zh 215 21)6 0 �� 2167 ?ps, ?182 v psi 2y a @7 ASS II 2 500 C N �Q 7i, Z09Z N, oa 55 ti 909Z o O �p 2S2j m� ZOSZ 909Z ZL9Z m Tc 263 909Z v LLSZ 9LSZ 7 2Sj0 2Sg7 ZLSZ SL9Z ZZ9Z 2557 9LSZ A 2S N ZZSZ `a LZSZ 9Z9Z SZSZ ZLSZ ? 26>7 2s 3lOal0 LESZ 9ESZ 2588 S O 2532 a 2S81R@OR ya q��� a $ S£SZ Z4SZ 260 O 2Sg7 2542 2,p87 L49Z 9452 < 676 07 2S�2 2 /ay. S52 9bSZ ZSSZ 2557 999Z X77 25j7 2562 '67 2S9 ~ 2 26SS 2S 67 2667 2602 2Sg Z9SZ 2S 2180 S7 7 2617 2672 2607 ti 2582 C 2S 1 ReOR q�� 2 657 26�2 "a X77 ��n ,7 fin' 2592 aY 26 2 2 m �2j 2S p") cn�y 2602 259787 6'755 2642 2 37 0j��� qy� ti 2 �� 672 26p7 ti 26 �cD"' ti.. S -31B -Lido Isle Setback Map Attachment No. PC 2 Draft Resolution Recommending the City Council Approve Local Coastal Program Amendment No. LC2017-004 and Authorize Submittal to the California Coastal Commission 1-9 23-47 20 23-48 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2017-004 AND SUBMITTAL TO THE CALIFORNIA COASTAL COMMISSION FOR REVIEW AND APPROVAL THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. Section 30500 of the Public Resources Code requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction. 2. The California Coastal Commission effectively certified the City of Newport Beach ("City") LCP on January 13, 2017, and the City assumed coastal development permit -issuing authority on January 30, 2017. 3. An LCP amendment is necessary to address issues that have arisen since the LCP was certified. 4. Following adoption of the City's comprehensive 2010 Zoning Code update, City staff discovered front setbacks were left unclarified and/or inadvertently placed on setback maps S -3A and S-313 Lido Isle in NBMC Section 20.80.040 ("Setback Maps") for residential properties located at 203 Via Ithaca and 300, 328, 332, 335, 408, 412 and 416 Piazza Lido. 5. The LCP amendment would remove the additional front setbacks inadvertently placed on the Setback Maps for residential properties located at 203 Via Ithaca and 300, 328, 332, 408, 412 and 416 Piazza Lido, reinstate side setbacks for these properties, and clarify a front setback on the Setback Maps for the residential property located at 335 Piazza Lido. 6. The Planning Commission conducted a public hearing on July 6, 2017, 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 action 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 21 23-49 Planning Commission Resolution No. #### Page 2 of 3 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. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends the City Council of the City of Newport Beach approve Local Coastal Program Amendment No. LC2017-004, as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. 2. The Planning Commission of the City of Newport Beach hereby certifies the LCP and the amendment thereto contained in this resolution are intended to be carried out in a manner fully in conformity with the California Coastal Act. Thus, the Planning Commission recommends the City Council of the City of Newport Beach direct staff to submit the proposed amendments to the California Coastal Commission for review and approval. 3. The certified LCP, including the proposed amendment, shall be carried out fully in conformity with the California Coastal Act. 4. The LCP amendment shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. PASSED, APPROVED, AND ADOPTED THIS 6TH DAY OF JULY, 2017. AYES: NOES: ABSTAIN: ABSENT: BY: Chair BY: Secretary 22 23-50 Planning Commission Resolution No. #### Page 3 of 3 EXHIBIT "A" Local Coastal Program Amendment No. LC2017-004 J 23 23-51 z m 3 D / V/ 1 W D 1A G 0-05 00 QCINN IPA, '� �O � �m 62 � wo 00 - 4p3 p' 3 �� 4 `?27 �!' y ti �O O 3p b& v y v 360 t Ops o D oo Q° wti 4 "32s ti titi� wv v 3��0 rno o �q �ti �� X32 v ati FBoy '7� 76 360 0 ti 0 atio oti � ti 360 w v ti o 3asv w V14 HBO •vim 4 407 9 O AVRF N!v v �/v O cn ti/� °' o v y ti w Doti V 338 `� O Ocd ti 33 = O' 01A oHACA / a ww 339 OHO3>306 4 Sp1 1,14 C.rwte ti o KORON `�' 50r 'Soo w v a S71 V1A V 515 Stir 519 .inn /v w 5322r�\ OV V O �1 00 9 0 0 � O 4 71;, O 706 ag�772 D` 77 77,6 'c° ate ` 722 J 724 0o O ti 4 ti s72 -b �1i ti vti ^ S c Via. 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