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Home My WebLink About2016-9 - Approving Zoning Code Amendment No. CA2016-001 Amending Setbacks for Property Located at 1902 East Balboa Boulevard (PA2016-010)ORDINANCE NO. 2016-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING ZONING CODE AMENDMENT NO. CA2016-001 AMENDING SETBACKS FOR PROPERTY LOCATED AT 1902 EAST BALBOA BOULEVARD (PA2016-010) WHEREAS, an application was filed by Thomas St. Clair, representing RREG Investment Series, LLC with respect to property located at 1902 East Balboa Boulevard (Property), and legally described as Parcels A, B, C, and D of Resubdivision No. 0318 in the City of Newport Beach, County of Orange, State of California, being all of Lots 2, 3, 4, and 5 of Tract 756 per Book 23, Pages 7 and 8 of Miscellaneous Maps, Records of Orange County, California; WHEREAS, pursuant to Newport Beach Municipal Code ("NBMC") Section 20.66.020 (Initiation of Amendment) and Section 19.12.050 (Review of Tentative Tract Maps) the property owner initiated a code amendment and filed an application for a tentative parcel map on January 14, 2016, to reorient four existing parcels and modify Setback Map No. S -2G to remove the 5 -foot front setback along East Balboa Boulevard and establish a new 25.5 -foot front setback along L Street (private street). The property owner also requests the establishment of 3 -foot side and 5 -foot rear alley setbacks for the new parcels; WHEREAS, on March 17, 2016, the Planning Commission conducted a public hearing in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. 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 March 17, 2016, public hearing, the Planning Commission received public comments and on an affirmative motion (5 ayes, 2 absent, and 0 noes), adopted Planning Commission Resolution No. 2014 recommending City Council approve the proposed Tentative Parcel Map and adopt the Zoning Code Amendment; WHEREAS, the City Council conducted a public hearing on April 26, 2016, in the 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 City Council at this public hearing; WHEREAS, the standard front setback for properties zoned Residential Single -Family (R-1) is twenty feet pursuant to NBMC Section 20.18.030 Table 2-3, unless a different distance is depicted on a setback map. This code amendment removes the existing 5 -foot front setback depicted on Setback Map No. S -2G and establishes a new 25.5 -foot front setback along L Street (private street); Ordinance No. 2016-9 Page 2 of 3 WHEREAS, amendments to the Zoning Code are a legislative act. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments, however, the proposed setbacks are appropriate and compatible with the existing development in the area; WHEREAS, the subject properties will remain consistent with the General Plan, Coastal Land Use Plan, and Zoning Code designation of R-1 (Single -Unit Residential) with the subject Code Amendment to remove the 5 -foot front setback as designated on Setback Map S -2G along East Balboa Boulevard and to establish setbacks for the reoriented parcels; WHEREAS, the removal of the 5 -foot front setback along East Balboa Boulevard as designated on Setback Map S -2G is appropriate given the proposed reconfiguration of the properties (NP2016-002), whereas this frontage will become a side setback when redeveloped and this side setback is consistent with other lots that front along East Balboa Boulevard in the area; WHEREAS, a 25.5 -foot front setback along L Street (private street) exceeds the existing 17.5 -foot private street easement and results in an 8 -foot front setback area from the private street easement. This setback is consistent with the 8 -foot front setback established for most adjacent blocks (Blocks 26-28 of the East Side Addition to the Balboa Tract) in the area with a similar development pattern; and WHEREAS, the modified setbacks established by CA2016-001 affects buildable area and ultimately the maximum size of a single-family home on the properties. Therefore, the proposed setbacks (25.5 -foot front, 3 -foot side, and 5 -foot rear) provide a maximum gross floor area of 4,174 square feet, which is nearly equal to adjacent similarly oriented lots. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council hereby approves Code Amendment No. CA2016-001 amending Setback Map S -2G of NBMC Title 20 (Zoning Code), as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. The 3 -foot side and 5 -foot rear alley setbacks for the four properties are established in accordance with the setbacks as prescribed in NBMC Title 20 (Zoning Code). Section 2: 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 3: The City Council finds the introduction and approval of this ordinance is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines — Class 3 (New Construction or Conversion of Small Structures). The Class 3 exemption includes the construction of up to four dwelling units. The Ordinance No. 2016-9 Page 3 of 3 project consists of four new single-family residences that are located on a previously developed site with no environmentally significant resources present. The modified setbacks under the code amendment are consistent with all of the requirements of the Class 3 exemption. Section 4: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. Section 5: 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, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of April, 2016, and adopted on the 10th day of May, 2016, by the following vote, to -wit: AYES Council Member Peotter, Council Member Duffield Council Member Selich, Council Member Curry Council Member Petrol Mayor Pro Tem Muldoon, Mayor Dixon NAYS None ABSENT ATTEST: LEILANI I. BROWN. CITY CLERK APPROVED AS-TO-i\ORM: CITY ATTOR KEY'S FFICE AARON C. HARP, CITY ATTORNEY Ordinance No. 2016-9 EXHIBIT "A" Setback Map S -2G r IP T/ i 7 k z BALBOA BLVD T s srs t F EL .0 E s re I 70f1 ` � ' A, o I J r A�`T 'oJ �o ee7JJoi o C I " =, �1TT,�� i 0 125 250 ® Feet abari7done •right P� •••,>. �_ IWay R 20 feet • • 11 feet �•� M • r • 2 feet 14 feet- ••... tback Ione — "` —setback line I d N I 4 r ,.1P STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, 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. 2016-9 was duly and regularly introduced on the 26th day of April, 2016, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of May, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, i have hereunto subscribed my name and affixed the official seal of said City this 11 th day of May, 2016. STATE OF CALIFORNIA. } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } r Leilani I. Brown, MMC City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2016-9 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 newspaper of general circulation on the following dates: Introduced Ordinance: April 30, 2016 Adopted Ordinance: May 14, 2016 In witness whereof, I have hereunto subscribed my name this 0�� day of WIA 2016. &4�;6mlv" Leilani I. Brown, MNICJ City Clerk City of Newport Beach, California (Seal)