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HomeMy WebLinkAbout2004-10 - Approving Code Amendment No. 2004-003 Amending Districting Map No. 25 to Establish a 10-Foot Setback on Orange Avenue for a Property Located at 3315 Clay Street (PA2004-066).ORDINANCE NO. 2004-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. 2004 -003 AMENDING DISTRICTING MAP NO. 25 TO ESTABLISH A 10 -FOOT SETBACK ON ORANGE AVENUE FOR A PROPERTY LOCATED AT 3315 CLAY STREET (PA2004 -066) WHEREAS, a proposed amendment to the Zoning District maps was initiated by the City of Newport Beach on April 13, 2004, to amend Districting Map No. 25 to establish a 10 -foot setback on Orange Avenue for a property located at 3315 Clay Street. WHEREAS, a public hearing was held by the Planning Commission on May 6, 2004, 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. 1630, recommending that the City Council approve the proposed amendment to the zoning district map. WHEREAS, the City Council held a public hearing on May 25, 2004, 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. WHEREAS, the General Plan Land Use designation for the property is Two Family Residential and the lot is zoned R -2 (Two Family Residential). The approved street vacation on Orange Avenue between Old Newport Boulevard and Clay Street increases the property's lot width by 10 feet, from 61 feet to 71 feet. WHEREAS, the proposed amendment is to address a concern with regard to the placement of future development at the subject property, which could be now closer to Orange Avenue. This amendment would change the building setback on Orange Avenue by establishing the location of a main building 6 feet further from Orange Avenue that would otherwise be allowed with a regular 4 -foot setback as set forth in the Code. WHEREAS, the proposed request has been determined to be Categorically Exempt under the Class 5 (Minor Alterations in Land Use Limitations) requirements of the California Environmental Quality Act (CEQA). Section 1: The City Council of the City of Newport Beach approves Code Amendment No. 2004 -003 as.depicted in Attachment 1 ". Section 2: 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 the 25th day of May, 2004, and adopted on the 8th day of June, 2004, by the following vote, to wit: AYES, COUNCIL MEMBERS Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None Po MAYOR Rte o ATTEST: CALI 5:0 CITY CLERK 1REE 5 °' MFR. R-2: i CoP YARD . � R -2 Y nawT.ory C>y os NevaxeT BEACH R-2 R -2 R -1 Ra a R -( 9 \ 4V GEIF m !JN F 4 Y. Y • AY SY y c. ��• 4r E h A P F by nio 3 p4 • 6Fa/) ' .9?M S M DS r �� d /LAR /A 1 MFR r O a APF ` z r O n J O •r. 91'� y a P1R,O ` 0 00 ) [ � 9 •i�4 i APF �$�� A�It APF c APF Y APF S. 6 93-7 • SiR[ff NNA cN/.N46- No RiN NGJreR> plrp. 1D 99 -i1 0lo Ner+EeaT g(vD. IL -R6 -99 �� M pR3W IMn Alianbr aa74. P_V /. MF' °. 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HARKLESS, 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. 2004 -10 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 8th day of June 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of June 2004. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2004 -10 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: June 12, 2004. In witness whereof, I have hereunto subscribed my name this day ofs1---C— 2004. City Clerk City of Newport Beach, California