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Home My WebLink About03 - 1537 Santanella Terrace - PA2010-176CITY OF T z NEWPORT BEACH': " FOaH" City Council Staff Report Agenda Item No. 3 March 22, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Joel Fick, Interim Community Development Director 949 - 644 -3226, jfick @newportbeachca.gov PREPARED BY: Javier S. Garcia AICP, Senior Planner, jgarcia@newportbeachca.gov APPROVED: --� TITLE: Code Amendment No. 2010 -010 (1537 Santanella Terrace) • Second Reading and Adoption of Ordinance No. 2011 -9 ABSTRACT: The applicant requests approval of Ordinance No. 2011 -9 to change the front setback established by Setback Map S -9A — Irvine Terrace from 34 feet to 19 feet for the property located at 1537 Santanella Terrace. RECOMMENDATION: Adopt Ordinance No. 2011 -9, as introduced by the City Council on March 8, 2011 (Code Amendment No. CA2010 -010) to change the front setback established by Setback Map S -9A — Irvine Terrace from 34 feet to 19 feet for the property located at 1537 Santanella Terrace (Attachment No. CC 1). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: On March 8, 2011, the City Council introduced Ordinance No. 2011 -9. Ordinance No. 2011 -9, changes the front setback established by Setback Map S -9A — Irvine Terrace from 34 feet to 19 feet (Attachment No. CC 1) for the property located at 1537 Santanella Terrace. There was no discussion or comment from the City Council or from the public at the public hearing on this matter. The action to pass to second reading for adoption was unanimously approved (7 ayes, 0 noes). Code Amendment No. 2010 -010 (1537 Santanella Terrace) March 22, 2011 Page 2 ENVIRONMENTAL REVIEW: Staff recommends that the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15305, (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The project involves a change in front setback established on a Setback Map, which is consistent with this exemption. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: :k;" Joel Fick Interim Community Development Director Attachments: CC 1 Ordinance No. 2011 -9, changing Setback Map S -9A- Irvine Terrace, for property located at 1537 Santanella Terrace ORDINANCE NO. 2011 -9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. CA2010 -010 TO REVISE SETBACK MAP NO. S -9A — IRVINE TERRACE TO ESTABLISH A 19 -FOOT FRONT SETBACK FOR PROPERTY LOCATED AT 1537 SANTANELLA TERRACE (PA2010 -176) WHEREAS, 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; and WHEREAS, the applicant requests a Code Amendment to change the front setback for the subject property established on Setback Map No. S -9A - Irvine Terrace (formerly designated as Districting Map No. 24) from 34 feet to 19 feet; and WHEREAS, on January 20, 2011, the Planning Commission conducted a public hearing 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; and WHEREAS, at the January 20, 2011, public hearing, the Planning Commission received public comments and on an affirmative motion (6 ayes, 1 absent) a recommendation to the City Council to approve the proposed Code Amendment; and WHEREAS, a public hearing was held by the Newport Beach City Council on March 8, 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 Municipal Code and State Law. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, 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); and WHEREAS, the subject property is located within the coastal zone and is subject to the provisions of the Categorical Exclusion Order (CEO). The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD -A). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Setback Map No. S9 -A — Irvine Terrace shall be amended as provided in Exhibit "A ", with all other provisions of the existing Setback Map remaining unchanged. 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on March 8, 2011, and adopted on March 22, 2011, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS '&AY8' ATTEST: CITY CLERK APPROVED AS TO FORM: Z� CITY"ATTORNEY l�s��' Exhibit "A" CODE AMENDMENT NO. CA2010 -010 SETBACK MAP NO. S -9A — IRVINE TERRACE lox" Co ADO Ab4l o 01' lox" Co ADO Ab4l