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Resolution No. 2017-59 <br />Page 2 of 3 <br />WHEREAS, if a setback is depicted on a setback map, it is regulated as a front <br />setback. Prior to the 2010 Zoning Code update, the historic districting map acted as a <br />setback map. When the Setback Maps were created as a part of the 2010 Zoning Code <br />update, property lines on seven residential properties, previously regulated as side <br />setbacks, were labeled as front setbacks. This discrepancy was inadvertent and this code <br />amendment corrects the prior error; <br />WHEREAS, in the creation of the Setback Maps, the front setback adjacent to Via <br />Firenze for the property at 335 Piazza Lido was left unclear. This ambiguity was <br />inadvertent, and the Setback Maps intended to identify the four foot front setback <br />identified on the historic map, DM6; <br />WHEREAS, amending the setback map to reinstate the side yard setbacks and <br />clarify front setbacks does not result in a significant change to the existing development <br />pattern of the neighborhood since the properties were developed with these standards, <br />thus, this code amendment allows the properties to maintain their existing uses and <br />remain consistent with adjacent properties; and <br />WHEREAS, pursuant to Section 13515 of Title 14, Division 5.5, of the California <br />Code of Regulations, review drafts of the Local Coastal Program Implementation Plan <br />("LCP") Amendment No. LC2017-004 were made available and a notice of the availability <br />was distributed a minimum of six weeks prior the City Council public hearing. <br />NOW, THEREFORE, the City Council of the City of Newport Beach resolves as <br />follows: <br />Section 1: The City Council does hereby authorize City staff to submit LCP <br />Amendment No. LC2017-004 to the California Coastal Commission for review and <br />approval, as attached in Exhibit A, and incorporated herein by reference. <br />Section 2: LCP Amendment No. LC2017-004 shall not become effective until <br />approval by the California Coastal Commission and adoption, including any modifications <br />suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the <br />City Council of the City of Newport Beach. <br />Section 3: The City certifies the LCP including the proposed amendment is <br />intended to be carried out in a manner fully in conformity with the California Coastal Act. <br />Section 4: The recitals provided in this resolution are true and correct and are <br />incorporated into the operative part of this resolution. <br />Section 5: If any section, subsection, sentence, clause or phrase of this resolution <br />is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the <br />validity or constitutionality of the remaining portions of this resolution. The City Council <br />hereby declares that it would have passed this resolution, and each section, subsection, <br />sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, <br />subsections, sentences, clauses or phrases be declared invalid or unconstitutional. <br />