HomeMy WebLinkAbout1807 - RECOMMEND ADOPT CA_1500 SERENADE TERRACERESOLUTION NO. 1807
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY
COUNCIL ADOPT CODE AMENDMENT NO. CA2010 -002 TO
REVISE DISTRICINTING MAP NO. 24 TO ESTABLISH A 16-
FOOT FRONT -YARD SETBACK FOR A PROPERTY LOCATED
AT 1500 SERENADE TERRACE (PA2010 -017)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Mark Teale, with respect to property located at 1500
Serenade Terrace, and legally described as Lot 36 of Tract 1701, requesting approval of
a Code Amendment.
2. The applicant proposes a Zoning Code amendment to change a front -yard setback
established on Districting Map No. 24 from 38 feet to 16 feet.
3. The subject property is located within the Single - Family Residential (R -1) Zoning District
and the General Plan Land Use Element category is Single -Unit Residential Detached
(RS -D).
4. The subject property is located within the coastal zone and is subject to the categorical
exclusion order (CEO). The Coastal Land Use Plan category is Single -Unit Residential
Detached (RSD -A).
5. A public hearing was held on May 20, 2010, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 5 (Minor Alterations in Land
Use Limitations).
2. The project involves a change in setback established on a Districting Map, which is
consistent with this exemption.
3. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
Planning Commission Resolution No. 1807
Paqe 2 of 2
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the D'Ambrosia Residence including, but not limited to,
Code Amendment No. CA2010 -002. This indemnification shall include, but not be limited
to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this condition. The applicant shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
SECTION 3. FINDINGS.
Code amendments are legislative acts. Neither the City nor State Planning Law set
forth any required findings for either approval or denial of such amendments.
2. The subject property has a 38 -foot front -yard setback, which is one of the largest on
the street. The front -yard setbacks on the adjacent properties are 18 feet and 20 feet.
The approval of the proposed 16 -foot front -yard setback would reduce the setback
variations between properties.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission hereby recommends that the City Council of the City of
Newport Beach approve Code Amendment No. CA2010 -002 establishing a 16 -foot front -
yard setback at 1500 Serenade Terrace.
PASSED, APPROVED AND ADOPTED THIS 20'h DAY OF MAY, 2010.
AYES: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren
NOES: None
BY:
o ert Hawkins, h irman
BY: U r, Q �i1 �i_., a L
Charles Unsworth, Secretary
TmpIC 01/14/10