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HomeMy WebLinkAbout3.0_Johnson Residence_PA2010-176CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT January 20, 2011 Hearing Agenda Item 3 SUBJECT: Johnson Residence - (PA2010 -176) 1537 Santanella Terrace Code Amendment No. CA2010 -010 APPLICANT: Andrew Goetz, Architect PLANNER: Javier S. Garcia AICP, Senior Planner (949) 644 -3233, jgarcia @newportbeachca.gov PROJECT SUMMARY The application consists of a code amendment to change a front setback established on Setback Map No. S9A- Irvine Terrace from 34 feet to 19 feet, to accommodate a proposed addition to the existing single family dwelling. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt. Resolution No. recommending City Council adoption of Code Amendment No. CA2010 -010 (Attachment No. PC2) to revise Setback Map No. S9A- Irvine Terrace (Attachment PC3) to establish a 19 -foot front setback at 1537 Santanella Terrace, Lot 28 of Tract 1701. s J 1 VICINITY MAP ,+ IV Project Location g Johnson Residerce „anuary 20, 2011 Pay�� 2 GENERAL PLAN ZONING fit / t J f s f i ! f t J / ! / Prolaet ! Project J f / ! If / Locatlon J ! ! ' ! Location _ ! ! ! or ! ! ! ! ♦ If ! ! ! / ! ! / w ♦ w / w f w � % w � LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Single -Unit Residential Detached RS -D Single -Unit Residential (R -1) Single -unit residential detached NORTH RS-D R -1 Single-unit residential detached SOUTH RS-D R -1 Sin le -unit residential detached EAST RS -D R -1 Single-unit residential detached WEST RS -D R -1 Single-unit residential detached Johnson Residence January 20, 2010 Page 3 INTRODUCTION Project Setting The subject property is located in the Irvine Terrace neighborhood on the southerly side of Santanella Terrace between Patolita Drive and Ramona Drive. The topography in the Irvine Terrace neighborhood slopes downward from East Coast Highway to Bayside Drive. Proiect Descriotion The current 34 -foot front setback requirement for the subject property is established on Setback Map S9A- Irvine Terrace (Attachment No. PC 3, formerly Districting Map No. 24). Minimum required front setbacks range from between 5 feet to 35 feet on Santanella Terrace. The applicant's request is to reduce the front setback to 19 feet. Refer to Attachment No. PC 7 for the project plans of the proposed residential addition. Homeowner's Association approval has been deferred until the City takes action on the proposed code amendment (Attachment No. PC 8). Background Irvine Terrace was one of the City's early residential subdivisions and planned communities annexed in the 1950's. A staggered setback concept was approved with the original tract maps of Irvine Terrace (specifically Tracts 1700 and 1701) in an agreement between the Planning Commission and the Irvine Company, as a part of the Irvine Terrace Annexation in May of 1953. A condition of approval required that Variances would be needed to establish setbacks at a later date and were subsequently added on to Districting Map No. 24 (DM 24). The existing front setbacks specified on DM 24 were carried forward directly onto the current Setback Map S9A- Irvine Terrace as a part of the Zoning Code Update, which became effective on November 26, 2010, and were not changed or altered. Between 1953 and 1954, inclusive, the City Council approved several variances, which altered setbacks for several and various properties at a time, to stagger the front setbacks within the Irvine Terrace Community. The findings for the approval state that the staggered setbacks were consistent with the existing development under construction and offered an "architecturally practical" and "interesting tract layout." Subsequently, the City approved numerous modification permits in Irvine Terrace to allow a portion of buildings to encroach into the required front setbacks, including six on Santanella Terrace prior to 2001, three after 2001; and several others throughout the Irvine Terrace neighborhood. However, it should be noted that those approvals for setback encroachments only apply to the individual projects as presented, and do not 15 Johnson Residence January 20, 2010 Page 4 permanently change the setback requirement as does a Code Amendment to the Setback Map. Modification Permit No. 4440 was approved in 1996, for the neighboring property to the west at 1531 Santanella Terrace, to allow a front setback of 7 feet, 6 inches (the building addition to encroach 14 feet 6 inches and the garage to encroach 8 feet into the required 22 -foot front setback). A copy of that approval and related plans is attached for the Commission's information (Attachment No. PC 4). More recently on July 6, 2010, the City Council adopted Ordinance 2010 -11 to amend the Districting Map No. 24 to change the front setback from 38 feet to 16 feet, Code Amendment CA2010 -002, for the property located at 1500 Serenade Terrace. The minutes of the City Council and Planning Commission actions are attached (Attachment No. PC 5). DISCUSSION Analysis Irvine Terrace was once characterized by the variation in front setbacks that exist between adjacent properties. Modification permit approvals changed the visual character of Santanella Terrace and the Irvine Terrace neighborhood by allowing the garages to encroach into the front setbacks; the habitable portions of the dwelling remained farther from the street. This started a new trend whereby the setback variation is provided on a single lot rather than between two adjoining lots. Refer to Attachment No. PC 6 for subject property front view and aerial photos. This trend is reflected in the plans for the proposed addition to the subject property submitted by the Applicant (Attachment PC 7). In 2004, the Zoning Code was amended and a "practical difficulty associated with the lot" finding was introduced for modification permits. This finding cannot be made for the subject property, or for most Irvine Terrace lots, as there are no development constraints on the property that would preclude development within the buildable area. Development constraints are typically associated with unusual topography or lot configuration (lot shape). Such development constraints do not exist on the subject property, therefore, there would be no basis to support the necessary findings for the subject property. Therefore, the applicant has applied for the Code Amendment to change the front setback for this property on the setback map. The subject street is comprised of a total of 40 properties with front setbacks that range between 5 and 35 feet. The subject property has a 34 -foot front setback, which is one of two properties with setbacks greater than 30 feet on Santanella Terrace. The required front setbacks on the adjacent properties are 22 feet (1531 Santanella Terrace) and 5 feet (1543 Santanella Terrace), westerly and easterly of the subject property, respectively. The approval of the proposed 19 -foot front setback for the subject property would reduce the range of setback variations between the three abutting properties; G Johnson Residence January 20, 2010 Page 5 however, visually, the setback variations of single -story structures are more apparent when they are a closer to the street, refer to the attached aerial that depicts the existing . setbacks, garage orientation and the proposed subject property setback change (Attachment No. PC 8). The Planning Commission should determine whether or not the visual character of the streetscape, as originally defined by variation in front setbacks, warrants retention of the current 34 -foot front setback for the subject property (1324 Santanella Terrace also has a front setback greater than 30 feet, 35 feet required). Staff is of the opinion that the proposed 19 -foot front setback is consistent with the visual character of the neighborhood, provides adequate setback variation between the adjacent properties, and therefore is consistent with the intent of the original setback requirements. Zoning Code Development Standards The effect of the proposed Code Amendment to the Zoning District Development Standards on the subject property will allow the building and fences /walls higher than 42 inches tall to be constructed closer to the street, will increase the buildable area of the property, and thereby allow for a larger building footprint and overall building floor area. This application was submitted prior to the effective date of the updated Zoning Code and is subject to review under the former Zoning Code. It should be noted that pursuant to Section 20.66.040.13 of the former Zoning Code, "parking or storage of vehicles in required front yards shall be prohibited, except on driveways in front of garages that are set back a minimum of 19 feet from the front property line." This requirement is intended to keep parked vehicles from encroaching into public rights -of -way (public sidewalks). The updated Zoning Code that went into effect on November 26, 2010, Section 20.42.090.C.3a, would require a minimum of 20 feet from the front property line. Staff is satisfied that the proposed setback change to provide the minimum 19 feet from the front property line and allow for the parking of vehicles in front of the new garage is adequate in this case. Findings In accordance with Chapter 20.94 Amendments, Section 20.94.010 Method of Amendment, of the Municipal Code, the Zoning Code "may be amended by changing the boundaries of districts or by changing any other provision thereof, whenever the public necessity and convenience and the general welfare requires such amendment by following the procedure of the chapter." The Setback Map S9A — Irvine Terrace is a codified section of Title 20, the Zoning Code and may be amended in accordance with Chapter 20.94. Staff is of the opinion that in this particular case, the adoption of the amendment to the setback map to reduce the front setback from 34 feet to 19 feet, will serve the public necessity and convenience and the general welfare by providing a front setback for the 7 Johnson Residence January 20, 2010 Page 6 subject property that is within a narrower setback range with that of the immediately adjacent properties. This setback change will afford the applicant comparable enjoyment of property rights as his neighbors, accommodate a proposed addition to the existing single family dwelling that will be beneficial to the neighborhood, and still provide a variation of front setbacks with the neighboring properties. The approval of the proposed 19 -foot front setback will reduce the range of setback variation between the three abutting properties, which is compatible and consistent with the range of staggered front setbacks for other homes within the Irvine Terrace neighborhood. Environmental Review The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). The project involves a change in front setback established on a Setback Map, which is consistent with this exemption. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property, and posted at the site a minimum of ten days in advance of this hearing, consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: t! ,_,.` Javief S Garcia AICP, Senior Planner Submitted by: atrick J. Alford, lanning Manager ATTACHMENTS PC 1 Applicant's Letter of Justification PC 2 Draft Resolution PC 3 Setback Map S9 -A- Irvine Terrace PC 4 Modification Permit No. 4440, 1531 Santanella Terrace PC 5 Excerpt of City Council and Planning Commission Minutes PC 6 Photo of Subject Property and Aerial Photo PC 7 Aerial Photo — Setbacks, Building and Garage Exhibit PC 8 Project Plans PC 9 Homeowner's Association Letter F: \Users\PLN\SharcMA's \PAs - 20101PA2010- 176\CA2010 -010 PC rpt 01 -20 -1 I.docx 7 A ttachment No. PC 1 APPLICANT'S LETTER OF JUSTIFICATION FOR CA2010 -010 9 JOHNSON RESIDENCE 1537 Santanella Terrace PROJECT DESCRIPTION AND JUSTIFICATION: Project Setting During the scope of a minor room addition (Permit No. 2665- 2010), the Owner was advised that the front -yard setback on their subject property was 34 -feet. A subsequent discussion determined that to meet the needs of their growing family, additional area was required that could not be achieved in any other practical location on the subject property without complete demolition. The subject property is located in the Irvine Terrace neighborhood, which is bounded by East Coast Highway, Jamboree Road, Bayside Drive and Avocado Avenue. Specifically, the project site is located on the westerly side of Santanella Terrace between Bonnie Doone and Serenade Terrace. The topography in the Irvine Terrace neighborhood slopes downward from East Coast Highway to Bayside Drive. Proiect Description The current 34 -foot front -yard setback requirement for the subject property is established on Districting Map No. 24. Minimum front -yard setbacks range from 8 feet to 39 feet on Santanella Terrace. The applicant's request is that a new, 19 -foot front - yard setback be established. The Homeowner's Association has been advised of the request and, in this case, under their letterhead, they have deferred their approval to the City of Newport Beach Planning Department. Background Irvine Terrace was one of the City's first subdivisions and planned communities. A staggered setback concept was approved with the original tract map in an agreement between the City and Irvine Company. A condition of approval required that variances would be needed to establish setbacks at a later date and be reflected on Districting Map No. 24. In 1953 and 1954, the City Council approved several variances to stagger the front -yard setbacks in Irvine Terrace. The findings for the approval state that the staggered setbacks were consistent with the existing development under construction and offered an "architecturally practical" and "interesting tract layout." In subsequent years, the City approved numerous modification permits in Irvine Terrace to allow buildings to encroach into the required front -yard setbacks, including nine on Serenade Terrace and a few others throughout the Irvine Terrace neighborhood. PA2010.176 for CA2010 -010 1537 Santanella Terrace I Andrea Goetz Architect Johnson Residence Page Two DISCUSSION: Analysis Neighborhood Character Irvine Terrace was once characterized by the extreme variation in front -yard setbacks. Modification permit approvals changed the visual character of Santanella Terrace by allowing the garages to encroach into the front -yard setbacks; the habitable portions of the dwelling remained farther from the street. This started a new trend whereby the setback variation is provided on a single lot rather than between each two adjoining lots. Prior to 2004, property owners in Irvine Terrace were granted modification permits allowing encroachment in front -yard setbacks In 2004, a "practical difficulty associated with the lot" finding was introduced for modification permits. This finding cannot be made for the subject property, or for most Irvine Terrace lots, as there are not any development constraints on the property that would preclude development within the buildable area. The only option available is a code amendment to change front -yard setback for this property on the districting map. The subject property has a 34 -foot front -yard setback, which is one of the largest on the street. The front -yard setbacks on the adjacent properties are 5 feet and 7 feet. The approval of the proposed 19 -foot front -yard setback would reduce the extreme setback variations between properties. In addition, this 19 -feet would allow for a car to be parked in front of the garage within the confines of the subject property. Submitted by: Andrew Goetz, Architect 12- Attachment No. PC 2 RESOLUTION FOR CA2010 -010 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT CODE AMENDMENT NO. CA2010 -010, TO REVISE SETBACK MAP NO. S -9A (IRVINE TERRACE) TO ESTABLISH A 19 -FOOT FRONT SETBACK FOR THE PROPERTY LOCATED AT 1537 SANTANELLA TERRACE (PA2010 -176) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Andrew Goetz, on behalf of the property owner Stacie Johnson, with respect to property located at 1537 Santanella Terrace, and legally described as Lot 28 of Tract 1701, requesting approval of a Code Amendment. 2. The applicant proposes a Zoning Code amendment to change a front setback established on Setback Map No. S -9A, Irvine Terrace (formerly designated as Districting Map No. 24) from 34 feet to 19 feet. 3. The subject property is located within the Single -Unit 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 January 20, 2011, 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. The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations). The project involves a change in front setback established on a Setback Map, which is consistent with this exemption. 2. 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, Planning Commission Resolution No. 2 of 3 actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and 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 Johnson Residence including, but not limited to, Code Amendment No. CA2010 -010. 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. 1. Code amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. 2. In accordance with Section 20.94.010 of the Municipal Code, adoption of the change to the setback map to reduce the front setback from 34 feet to 19 feet, will serve the public necessity and convenience and the general welfare by providing a front setback for the subject property that is within a narrower setback range with that of the immediately adjacent properties. This setback change will afford the applicant comparable enjoyment of property rights as his neighbors, accommodate a proposed addition to the existing single family dwelling that will be beneficial to the neighborhood, and still provide a variation of front setbacks with the neighboring properties. 3. The approval of the proposed 19 -foot front setback will reduce the range of setback variation between the three abutting properties, which is compatible and consistent with the range of staggered front setbacks for other homes within the Irvine Terrace neighborhood. 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 -010 establishing a 19 -foot front setback at 1537 Santanella Terrace, Lot 28 Tract 1701. Tmplt: 01/14/10 , A Planning Commission Resolution No. Page 3 of 3 PASSED, APPROVED AND ADOPTED THIS 20u' DAY OF JANUARY, 2011. AYES: NOES: BY: Earl McDaniel, Chairman BY: Michael Toerge, Secretary Tmplt: 01114/10 17 Attachment IN ®o PC 3 SETBACK MAP S9 -A - IRVINE TERRACE lq i s '*10. Y \ m i t v0 COAST o cC-10B`b,q n ° r2S-1p, 6 10 18�'tiE ry In �8 N. n O O r8`2 H /CyW I Y \10 - �5\ 18�1S 20, r14 25-3S- 'p \7 `70 ^ 26�18� 2p? O� 518` 20 1f\ 1101 / `1 A'Ir `' / � \? \>> 2S\ p Sin / 4 30 � 1p 6 23 7S 7 / / /,• �18� v /qK Sv? ' •� � x1S\ 7, 7JN \7B \23 Bluff Development Overlay (See Map B -2 - Irvine Terrace - Dolphin Terrace) 23 S \26\ gyp 2: 70- ��� � • 'sv ���.� v�o. �O q \20 ? O\ �yY S _ �' /�• ,. SAS \ / 3 v2� \�O� 'YO \ j p 70 O %s Bayadere Terrace) 0 `a 0 \3q �9sr I � 32� O 1,0 7 ^ ?\ / /,teY 70 \20 / ^ti ^0'ryw ^e� \T1 *5 wh wry wP yyY l Co h, G1, a c� U ff� v/ U M L L K I Q d: L 1) lIY '.I < b ` e AeA' -oNe ri u I+ i1 BAI BOA All NI!f _. Bluff Development Overlay _ ^ tSee Mac B -3 - Irvine Terrace ` 0 150 '3QQ <a- —'Feet ne S -9A / October 25, 2010 Bayadere Terrace) 0 `a 0 \3q �9sr I � 32� O 1,0 7 ^ ?\ / /,teY 70 \20 / ^ti ^0'ryw ^e� \T1 *5 wh wry wP yyY l Co h, G1, a c� U ff� v/ U M L L K I Q Attachment No. PC 4 MODIFICATION PERMIT NO. 4440 1531 SANTANELLA TERRACE "1 ", r i CITY OF NEWPORT BEACH I•t , 14 -'t 1'; I, NI `.t I', r I I•i '..; I I , 4'I." ., ,, I'I.ANNI \Ci UITAliJAWN'f (.1.1.3200 May 16, 1996 Application Modification No 4,140 Applicant Joxcph and 1XIM 1111 lllllw;l AddremofPropetyinvolved ISIISammicllalellace Legal Mscription Lot 27, Tract 1701 Modification Italimmed kequcsl to Ixrmil the C011.5111ICliOn Of' additiOnS ten a single family dwelling which will encroach io within 7 lift aril b inches of the fiont properly line, where a 22 ftwt front yard setback is rgquinxi 'flit Mmlilicttions C'om mitlee on, May I.1,Ikrxr, unaninxxrsly approved the application subjw io the following cnldifions I That devdopnxla shall be in substantial cknhrrnnance with the approved plot plan. Ilex plant and Clevatiorn, except as rnned in the fallowing Condition No 2 2 •lltat the proposed casierly addition shall maintain a minimum tiont yard setback of 12 fitii fiom the pr:npcny lute and that the westerly addition shall nutinhun it minimum front yard setback of 14 feel from tlx: pngx•1fy line 'file Mtxlificalions Connnince delcolimcd n this tax that the p olumd wtxlkl wt Iw dco mental to persons, prtNr¢ny or iulpnlvernenls in tine neighhxllttntxh will flult II>< nunllflcalrnll its approved wotdd IV tonsisfett with the kj;tslauve nncul of 1 itle 21) of the Newgxw Reach Municipal Ctxle, auxl made the following find4y,% 1 'flue the developulen, as appnnekl. alll not be dellimelllal to file uuloundinl; area or innvase ant detrimental clod of the existing talc 2 Phal this project let% been ret7ewkd, and 11 has liven dett- amine that It is catego, Tally exempt II 11111 the requirements nl'llie C alifhmul I involinncnlal r tmlily Act ulxlel Class I (Emstigc Facililicq and Class ) llhnot Alloauous ill 1. ;uxl t'\u Linut:aumsl J That the time yad setbacks, as approved, ate ctnimstenl with dxa slaggetxl x tbncks a lapurcJ Iry the Cily akmg Smltanclla Tel race 3300 Newixtrt Boulevard, Newport Reath 0 0 May 22, 1996 Page 2 4. That the Modifications Committee detcnnmed that in this cnse, the front setbacks as propose] would be detrimental to persons, pruper7y and impruvor ;arts in the neighborhood, and that ti,c applicant's «xlucsi would not he enasislent with the legislative intent of Title 20 of the Newport belch Municipal Code 5 'that structures on sites adjoining the subject property gencolly niaaitain a minimum of a 10 loot front yard setback NOTE This approval shall expire unless exercised within 24 montlis from the dale of appiovtl a, ipecifi d in Section 20.81 WO of the Newport IlcaCh Municip,J Cute The decision of the Committee may be appcJetl to the Planning Commission within 14 days of the date of the decision Any ap p aJ tiled sluJl be accompanied by a filing ree of $82L04 No building pennits may be issued until the appeal period Has expired MODIFIC A'I'IONS C'OMMI ITH By 363 Dana Aslaim Associate Planner DA gv Aplx;ued in Suppon Two neighboring piupcnty owucrs Appeared in Opposilmn 'I'Wn neighboring propcity uwncts I� golf m (Pil) viola PRIOR -moQ0996-3w, Oil[! q'wMq'AWiIRa iWN a c� rfi� I I %I H ZC ;118 VIVIP.11 sum V3,wn,w,.roa.�n DIN" JL 71 ty-I i. 14 l` 3 a fAiyr. rxL A Alec Osachot/ - architect a Wool. Y.*W Ca 0765 coo ifl4ndaMs e iL HALL ,yy{ �� T six f:ar. F t i Ni Mo ; 31� J _vT_ �t omy4ep - =1 � vw o+ 9 Ir z � I f s �� Attachment No. PC 5 Excerpt of City Council and Planning Commission Minutes for CA2010 -002 �� 0 NEWPORT BEACH PLANNING COMMISSION MINUTES 05/20/2010 -SUBJECT: MINUTES of the regular meeting of April 22, 2010. ITEM NO.- F Motion was madeby- Commissioner Hillgren, seconded by Commissioner Continued to Unsworth, to amend the April 22`2010.minutes and continue to June 3, 2010. June 3, 2010 Motion carried with the following,vote: Ayes: Faton;"Un worth, Peotter, Hawkins, Toerge, and Hillgren Abstained: McDaniel PUBLIC HEARING ITEMS SUBJECT: D'Ambrosia Residence (PA2010 -017) ITEM NO. 2 1500 SerenadeTerrace PA2010 -017 Continued A code amendment to change the front -yard setback established on from April 22, Districting Map No. 24 from 38 feet to 16 feet. 2010 Russell Bunim, Assistant Planner, presented the staff report with a slide show Approved presentation. Public comment was opened. Matt D'Ambrosia, applicant and owner, presented slide show and made comments. Comments in support were given by the following: • Mark Teale, architect • Joseph A. Solvoso II, resident on Serenade Terrace and President of Irvine Terrace Community Association Public comment was closed. Motion made by Commissioner Toerge, seconded by Commissioner Hillgren, to adopt a resolution recommending City Council adoption of Code Amendment No. CA2010 -002 to revise Districting Map No. 24 to establish a 16-foot front-yard setback at 1500 Serenade Terrace. Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren Noes: None Page 2 of 6 City of Newport Beach City Council Minutes July 6, 2010 \ Resolution No. 2010 -76- Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 2, 2010 for the Submission of Proposed Charter Amendments and Ordinance Repeal; b) adopt Resolution No. 2010.77 - Requesting the Board of Supervisors of the County of Orange to Consolidate ,o General Municipal Election to be Held on Tuesday, November 2, 2010, with tha Statewide General Election to be Held on the Same Date Pursuant to Californiv lections Code Section 10403; c) adopt Resolution No. 2010 -78- Adopting Regulationsrfor Candidates for Elective,Offiee Pertaining to Candidates Statements Submittedito the Voters at an Election t 'be Held on Tuesday, November 2, 2010; d) sdop vResolution No. 2010.79 - Setting Priorities for Filing Written Arguments RegardingRity Measures and Directing the City Attorney to, Prepare an Impartial Analysis; and'e) adopt Resolution No. 2010- 80- Providing for the Filing of Rebuttal Arguments forlhe One City Measure Submitted to Voters at the General Mupicipal Election to kF-11eld on Tuesday, November 2, 2010 Pursuant to California Electibne Code Section.9285. \ X" The motion carried by the following roll r-all vote: Ayes: Council Member Selich, Ceuncil',Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb; Council Member Gardner Absent: Council Member Daigle XII. CONSENT CALENDAR "� A. READING OF MINTr ES/ORDINANC.'F S ANn RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR `MEETING AND REGULAR MEETING OF JUNE 22, 2010. (100 -20101 Waive reading of e subject minutes, approve as written, and order Oiled. \< `2:d READING OF ORDINANCES AND RESOLUTIONS. Waive reading in\full e of all ordinances and resolutions under consideration, and direct City Clerk to / read by title only. ` B. rORDINANCES FOR ADOPTION CODE AMENDMENT TO ALLOW THE CHANGE OF A FRONT -YARD SETBACK ESTABLISHED ON DISTRICTING MAP NO. 24 FROM 38 FEET TO 16 FEET (PA2010 -017). 1100 -20101 Adopt Ordinance No. 2010.11 approving Code Amendment No. CA2010.002. 4.,, DIAGNOSTIC AND INTERVENTIONAL SPINAL CARE (Dj -S:C:) � T (PA2010 -062) - 3501 JAMBOREE ROAD AND 301 BAYVIEWoCIRCLE - PLANNED COMMUNITY AMENDMENT NO. PI).-01'0-"4 AND TRAFFIC'STUDY NO. TS2010 -002 - ADDING OU'PPATIENT SURGERY AND MEDICAL:- OFFICE AS PERMITTED�USES, ADDING PARKING REQUIREMENT 0F'-11200 SQUARE�FEET FOR SUCH USES, AND FINDING THAT THE iiKAFFIC —STUDY COMPLIES WITH THE TRAFFIC PHASING ORDINANCE-,-[100-20101 Adopt Ordinance No. 2010- 12 approving Planned -Co munity Amendment No. PD2010 -004. C. 6. -APPROVAL OF RESOLUTIONS ADOPTING MEKORANDUM OF UNDERSTANDING WITH THE POLICE ASSOCIATION (PA), POLICE Volume 59 - Page 529 �T City of Newport Beach City Council Minutes July 6, 2010 Regarding Item 5 (Memorandum of Understanding with the Police Association;—Pulic`e Managemene Associatiio'n; and-- Ass<eiation of Newport`- Beach—'Ocean Lifeguards), Mayor Curry stated that Police staff F2vc made sign cant cunt butiona to their pension costa and expressed oppKeeiation for their efforts to maintain service levels. - - Motion by Mavor Pro �eltlenn, seGOnded knv Council Memb®g W�h_I� to approve the Consent Calendar, and noting the correction to item 13. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor Curry, Council Member Webb, Council Member Gardner Absent: Council Member Daigle XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XIV�, ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Webb corrected a Daily Pilot article by clarifying that his walks around Newport Beach are also done with his wife, not alone. XV. PUBLIC,COMMENTS Matthew Thomas urged Council to adopt an ordinance'r" equinng restaurants to attend Responaible Beverage Serving (RBS) training. f Mayor Pro Tern H \2 noted that RBS training has been requiredlin the City. City Manager Kiff stated that he will p 4ovide a report to Council regarding RBS training at a later date. Laura Dietz, Sunrise Rotary:Club, invited residents to attend the Second Annual Lobster Fast on August 1, 2010 at the Newport Beach Waterfront Resort and encouraged residents to visit their website at www .lobsterfestatnewportheach.com /or call (999) 721 -8035 for more information. XVII. CURRENT BUSINESS \ 12. NEXTG TELECOM PERMITST A DISTRIBUTED ANTENNA SYSTEM WITHIN THE PUBLIC RIGHT -OF= WILY, 16VI00.20101 Associate Planner Brown photos depicting the 1 the locations are sul first five applications ordinances, and provi proposed installatior locations. She noted/ Commission. Tided the history of NextG Telecom, showed a map and orations, discussed applicable ordinances, indicated that :view by Council, recommended that Council deny the the new monopoles are not consistent with current City mation relative to staffs ecommendation to approve the /of antennae at the Marcus Avenue and Santa Ana Avenue that the permits will require approval from the Coastal In response td Council Member Rosansky's question, Council Member Webb explained that when power lines are placed underground, the existing antenna will need to be moved'to a streetlight or other existing location, and all of the other equipment will Carver Chiu, McPlancom Incorporated, thanked staff for the time spent ' on the project, provided information about the services that NextG offers, expressed their Volume 59 - Page 681 City of Newport Beach City Council Minutes June 22, 2010 \ \1 I /` Marine Avenue Business.Improvement District (BID) confirming the levy of the BID assessment for the 2010.2011 fiscal year, unless during the Public Bearing the Council received protests representing 50 percent or more of the total assessment amouri. ✓r an The motion carried by the following roll call vote: 4� P P yes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor °.Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 21. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC BEARING AND ADOPT RESOLUTION CONFIRMING THE LEVY\ OF ASSESSMENT; FOR THE RENEWAL OF THE BUSINESS IMPROVEMENT. DISTRICT FOR FISCAL YEAR 20102011. [100 -20101 Motion by Council Member Rosansky, seconded 6y Council Member Webb to Conduct public hearing; and b) adopt Resolutionyilo. 2010 -65 confirming the levy of assessment for the renewal of the Corona del Mar Business Improvement District (BID) confirming the levy of the\BID assessment forAhe 2010 -2011 fiscal year, unless during the Public Hearing the Council received protests representing 50 percent or more of the total assessment amount. The motion carried by the following roll call vote: a Ayes: Council Member Selich, Cou icil Member Rosansky, Mayor Pro Tom Henn, Mayor 11 Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 22. NEWPORT BEACH, RESTAURANT,, ASSOCIATION BUSINESS - ; IMPROVEMENT DISTRICT (BID) RENEWAL; CONDUCT PUBLIC HEARING AND ADOPT RESOL'UTION'CONFIRMING THE LEVY OF ASSESSMENT FOR -- THE RENEWAL OF THE•BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010-201]Z[100-20101 - Motion by Mayor Pro Tem Henn, seconded by Council'`Member Webb to adopt ResolutioryiNo. 2010 -69 confirming the levy of assessment far the renewal of the ' Restauraht Association Business Improvement District (BID) oonflnning the levy of the BID gs'sessment for the 2010 -2011 fiscal year, unless during the Public Hearing the ( J, Cogneil received protests'representing 50 percent or more of the total assessment The motion carried by the following roll call vote: \ Ayes: Council Member Selich; Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle,, 28. CODE AMENDMENT TO ALLOW THE CHANGE OF A FRONT -YARD SETBACK ESTABLISHED ON DISTRICTING MAP NO. 24 FROM 88 FEET TO 16 FEET (PA2010 -017). [100 -20101 Mayor Curry opened the public hearing. Joe Silvoso ii, Fresident at Irvine 'Perraoe Community Association, expressed support for the Code Amendment. Hearing no further testimony, Mayor Curry closed the public hearing. Volume 59 - Page 518 D City of Newport Beach City Council Minutes June 22, 2010 11 otion Wy Council AVlember Webb seconded bv_Council Member Rosansly; to introduce Ordinance No.. 2010-11 approving Code Amendment No. CA2010 -002, and pass to second reading on July 6, 2010. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tom Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 24. DIAGNOSTIC AND INTERVENTIONAL SPINAL CARE (D.I.S.C.) (PA2010 -062) - 8501 JAMBOREE ROAD AND 801 BAYVIEW CIRCLE - PLANI}t COMMUNITY AMENDMENT NO. PD2010 -004 AND TRAFFIC STUDY `NO. ° %TS2010 -002 - ADDING OUTPATIENT SURGERY AND MEDICAL OFFICE AS PERMITTED USES, ADDING PARKING REQUIREMENT OF 1 /200 /SQUARE FEET FOR SUCH USES, .AND FINDING THAT THE TRAFFIC STUDY COMPLIES WITH THE TRAFFIC PHASING ORDINANCE. 1100101 Assistant Planner Whelan reported -that the traffic study concluded that the project will not create a significant impact at-tie study intersections and staff recommended that Council introduce the Ordinance finding that the traffic study complies with the Traffic Phasing Ordinance., In response to Council`Member Gardner's question, Assistant Planner Whelan stated that the Braykob's reside in the Bayview Planned o munity. Council Member-Daigle notch that the Planrung,Commission recommended approval of the project, stated that the building is 71% vacant which is a greateconomic development opportunity, and expressed appreciation for SK Hart's willingness to invest in the City. Motion by Council Member Daigle. !�itconded by Council Member Webb to a) introduce Ordinance No. 2010 -12 /approving, Planned Community Amendment No. PD2010 -004, and pass to secondseading on July 6, 1020; and b) adopt- Resolution No. 2010 -70 finding that the traffic. study complies with the Traffic Phasing Ordinance, and based on the weight of the "evidence in the administrative record, including Traffic Study No. TS2010.002, the construction of the Proj t will be completed within 60 months of the project / approval, the Project will neitlie cause nor make worse an unsatisfactory level�of traffic service at any impacted primary intersection, and no improvements or mitigations are necessary The motion ca d by the following roll call vote: �\ Ayes: Council Member Setich,'Council Member Rosanaky, Mayor Pro Tem Henn, Mayor Ccry, Council Member Webb, Council Member Gardner, Council Member Daigle S26. HOAG MEMORIAL HOSPITAL PRESBYTERIAN — DEVELOPMENT AGREEMENT ANNUAL COMPLIANCE REVIEW (C-2912).13&'100-20101 Motions Council Member. Rosansky, seconded by Council Member. VJebb`to f continue the item to the July 27, 2010 meeting. The motion carried by the following roll call vote: Volume 59 - Page 519 i PHOTO OF FRONT OF 1327 SANTANELLA TERRACE FOR CA2010 -010 1300 Santanella Terrace - Google Maps Google maps Address 1300 Santanella Terrace a. , _ , PHOTO OF 1327 SANTANELLA TERRACE Page 1 of 1 httn• / /manc annolP rnm /manc9in =l lTPRAJ I1 =1'I 4no'id4 _1 V7 n AI nnnc o.. ni inc ,nn, , 1537 Santanella Terrace - Code Amendment No. CA2010 -010 1531 Santanella Terrace - Modification Permit No. 4440 PHOTO- 1537 SANTANELLA TERRACE AERIAL PHOTO- 1537 Santanella Terrace (Code Amendment No. 2010 -010) & 1500 Serenade Terrace (Code Amendment No. 2010 -002) �; �� PROJECT PLANS 1537 SANTANELLA TERRACE FOR CA2010 -010 ;D N . i � b -o i n !D IV j i o ca v _.f ,I `�cerv�s pLANNIArG D-'P42 rn1EMr Nov y02010 CITYO N 7[ O'R'rB8 AC1i V'MINVINVS G v D p� — i 0 S9 =-1 _ i I I o I I I I - '-- -- -- --- -- ---------- -- ---- -- - -- �- -- - --- -- - - - - -� I � I I oN j I i ,6-.LC ' I I �I O N ti I � I I _____ 1 f p= y3 G: -. - -- - -- — , I' I � -7f Li p ' ,. 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I I I I I I I I I I I I I I I I I l I I I y I I � I I I I I I I I ❑� I I I I � I I I I I I I I I I I� I I 1 I n is C 6© � 00 f� ©� CI 1 1 p-1 cA I I I I I I I I I I 1 I I I I I I I I I I I I �I I wl I I I I I I I I I I I I I d =1 I 01 1 I I nl �I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I D : Pmmff WNORAwn= ..:w- . „w.,,,, STUDIO DEL MAR STACIE JOHNSON ^a, ^� .� o ^�' 1537 SA DEL M A 1865 vsr c tWL m s:[ 1s. 3 °,,,U,�., esv.818msz 6 ,,,, .e ,,,w,,, ,,, ,,,,,,, '"°'° CORONA Od b1AR. fA 92625 � avora o¢. w.¢ c°: ?zers vrx veo.e>s.s:se Attachment No. PC AERIAL PHOTO- SETBACKS, BUILDING AND GARAGE EXHIBIT FOR CA2010 -010 Z7 AERIAL PHOTO- SETBACKS, BUILDING AND GARAGE EXHIBIT: El Denotes Direct Access Garage Denotes Side Access Garage Denotes Setback Line — Denotes Modification Setback Line Denotes Proposed Setback Line H.O.A. LETTER FOR CA2010 -010 57 IRVINE TERRACE COMIvILrv1TY ASSOCIATION C/O Merit Property Management - Orange County I Polaris Way Suite 100 Aliso Viejo, CA 92656 Ph: 949 - 448 -6000 Fax: 949 -448 -6400 Wednesday, November 17, 2010 STACIE JOHNSON 1537 SANTANELLA Ter CORONA DEL MAR CA 92625 RE: ARC REQUEST Dear STACIE JOHNISON: Thank you for submitting your plans to the Irvine Terrace Community Association. The Architectural Committee was unable to approve your plans at this time and request that you provide the following: l) Provide the approval of variance from the City of Newport Beach, as proposed addition is inside the 34' -0" setback as set by the City for this lot. Once the above have been addressed, please submit a copy to our office by no later than December 17, 2010. If you are unable to meet this deadline, please contact our office to advise. Should you have any questions, please contact our office at (949) 448 -6000 or by email mbadamain iiicriipm.cum. Thank you for your patience and cooperation. Sincerely, Architectural Committee Irvine Terrace Cormmunity Association PA2010.176 for CA2010 -010 1537 Santanella Terrace Andrew Goetz Architect 59