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HomeMy WebLinkAbout1630 - RECOMMEND TO APPROVE CA_3315 CLAY STREETRESOLUTION NO. 1630 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE CODE AMENDMENT NO. 2004 -003, FOR PROPERTY IDENTIFIED AS 3315 CLAY STREET (PA2004 -066) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS: WHEREAS, the City Council vacated a portion of Orange Avenue making the subject property 10 feet wider. In conjunction with the vacation, the City Council required that the setback on Orange Avenue be increased to 10 feet as opposed to the 4 -foot standard setback. The Council did not want any future residence on the lot to be constructed within the vacated portion of Orange Avenue. WHEREAS, the amendment was initiated by the City of Newport Beach, to amend Districting Map No. 25 to establish a 10 -foot setback along Orange Avenue for the property located at 3315 Clay Street, legally described as Lot 1, Block 6, Tract 27. WHEREAS, a public hearing was held 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. 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 proposed amendment does not impact the use of the property. WHEREAS, the proposed 10 -foot setback is appropriate considering the recent vacation of Orange Avenue. The setback in conjunction with the 10 -foot vacation does not negatively impact the buildable area and floor area. WHEREAS, the setback area fronting Orange Avenue is defined as a side yard pursuant to the Code. Nevertheless, for the purpose of implementing development standards, it would be considered as a front yard and is subject to the 3 -foot height restriction. WHEREAS, the project is categorically exempt under the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations). City of Newport Beach Planning Commission Resolution No. Paae 2 of 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach hereby recommends that the City Council approve Code Amendment No. 2004 -003 (PA -2004 -066). PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF MAY 2004. AYES: Eaton, Cole, Toerge, McDaniel Selich. Kiser and Tucker NOES: None BY. Earl McDaniel, Chairman BY: el� Mic 'pefToerge, Secretary