HomeMy WebLinkAbout1926 - ADOPTION CA2013-006 TO CHANGE THE REAR ALLEY SETBACK FROM 6 FEET TO 0 FEET FOR SIX PROPERTIES ON MIRAMAR DRIVERESOLUTION NO. 1926
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
ADOPTION OF ZONING CODE AMENDMENT NO. CA2013 -006
TO CHANGE THE REAR ALLEY SETBACK FROM 6 FEET TO 0
FEET FOR SIX PROPERTIES ON MIRAMAR DRIVE
(PA2013 -211)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
On October 22, 2013, the City Council initiated an amendment of the Zoning Code that
would change the rear alley setback for six properties from 6 feet to 0 feet, consistent with
the standard rear alley setback for other properties in the City when located adjacent to a 20-
foot -wide alley. The six properties affected by this amendment are 2022, 20267 2032, 20347
2038, and 2042 Miramar Drive.
2. The Planning Commission conducted a public hearing on November 21, 2013, in the Council
Chambers at 100 Civic Center Drive, Newport Beach. 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.
The code amendment is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use
Limitations) because the lots affected by the amendment have an average slope of less than
20 percent; the amendment will not change the land use category or zoning district of the
affected lots; and the maximum number of dwelling units per lot will not change.
SECTION 3. FINDINGS.
The Zoning Code establishes different rear setbacks for lots abutting an alley, based on
the width of the alley, to accommodate increased vehicular maneuverability through the
alleyways. The standard rear setback for properties abutting a minimum 20- foot -wide alley
is 0 feet. Aside from the subject block of six lots, no other block in the vicinity that abuts a
20- or 30 -foot wide alley is required to provide a rear setback. Since the subject lots abut
a 30 -foot wide alley, a 0 -foot rear setback will not impact in vehicular maneuverability and
would be consistent with other lots in the vicinity.
2. Changing the rear setback to the standard 0 -foot requirement would not result in a
significant change to the existing development pattern of the neighborhood since a
majority of the existing homes in the block already encroach into the 6 -foot rear setback
area.
Planning Commission Resolution No. 1926
Paae 2 of 2
3. Changing the rear setback from 6 feet to 0 feet would result in a buildable area and
allowable floor area that is consistent with other lots in the vicinity.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby recommends approval of
Code Amendment No. CA2013 -006 changing the rear alley setback from 6 feet to 0 feet for
the subject six properties on Setback Map S -2G as set forth in Exhibit "A."
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF NOVEMBER, 2013.
AYES: Ameri, Brown, Hillgren, Myers, and Tucker
NOES: None
ABSTAIN: None
ABSENT: Kramer and Lawler
M
Kk. en, Chairman
EXHIBIT A