HomeMy WebLinkAbout2003-7 - Approving Code Amendment No. 2002-009 Requesting an Amendment to Districting Map 13 Changing the Designation of 129 Agate Avenue from Commercial to Residential and Designating the Front Yard Setback to be Six Feet (PA2002-244)ORDINANCE NO. 2003 -7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING CODE AMENDMENT
NO. 2002 -009 REQUESTING AN AMENDMENT TO
DISTRICTING MAP 13 CHANGING THE DESIGNATION
OF 129 AGATE AVENUE FROM COMMERCIAL TO
RESIDENTIAL AND DESIGNATING THE FRONT YARD
SETBACK TO BE SIX (6) FEET (PA2002 -244).
Section 1. An application was filed by John Curci, property owner, with respect
to property located at 129 Agate Avenue and legally described as Balboa Island
Resubdivision, Section 1, Block 7, Lots 17, 18, 19, requesting to change the zoning
designation from Retail and Service Commercial (RSC -R) to Restricted Two - Family
Residential (R -1.5) (Code Amendment No. 2002 -009).
Section 2. A public hearing was held on April 3, 2003 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the aforesaid meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting. At the conclusion of this meeting, the Planning Commission
adopted Resolution No. 1593 recommending that the City Council approve the requested
amendment.
Section 3. The City Council held a noticed public hearing on April 22, 2003 in
the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of the aforesaid meeting was given in accordance
with the Municipal Code. Evidence, both written and oral, was presented to and
considered by the City Council at this meeting.
Section 4. This project has been reviewed, and it has been determined that it
is categorically exempt under the requirements of the California Environmental Quality
Act under Class 3 (Residential construction in an urbanized area), Class 5 (Minor
Alterations in Land Use Limitations) and Class 15 (Minor Land Divisions).
Section 5: The City Council of the City of Newport Beach does hereby approve
Code Amendment No. 2002 -009 as depicted in Attachment No. 1.
Ordinance No. 2003- 7
Page 2 of 3
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. This Ordinance shall be published once in the official newspaper of the
City, and the same shall become effective thirty (30) days after the date of its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the22nd day of April , 2003, and adopted on thel3th day
of May , 2003, by the following vote, to wit:
ATTEST:
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[)rKjv1 CITY CLERK
AYES, COUNCIL MEMBERS Heffernan, Proctor,
Ridgeway, Adams, Webb, Nichols, Mayor Bromberg
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
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ATTACHMENT NO. 1
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Ordinance No. 2003- 7
Page 3 of 3
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH I
I, LEILANI I. BROWN, Deputy City Clerk of the City of Newport Beach, California,
do hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2003 -7 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th
day of May 2003, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of May 2003.
(Seal)
Deputy City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2003 -7 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: May 17, 2003.
Iua1x1
In witness whereof, I have hereunto subscribed my name this day of ��
City Clerk
City of Newport Beach, California