HomeMy WebLinkAbout2016-9 - Approving Zoning Code Amendment No. CA2016-001 Amending Setbacks for Property Located at 1902 East Balboa Boulevard (PA2016-010)ORDINANCE NO. 2016-9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING ZONING
CODE AMENDMENT NO. CA2016-001 AMENDING SETBACKS
FOR PROPERTY LOCATED AT 1902 EAST BALBOA
BOULEVARD (PA2016-010)
WHEREAS, an application was filed by Thomas St. Clair, representing RREG
Investment Series, LLC with respect to property located at 1902 East Balboa Boulevard
(Property), and legally described as Parcels A, B, C, and D of Resubdivision No. 0318 in the
City of Newport Beach, County of Orange, State of California, being all of Lots 2, 3, 4, and 5 of
Tract 756 per Book 23, Pages 7 and 8 of Miscellaneous Maps, Records of Orange County,
California;
WHEREAS, pursuant to Newport Beach Municipal Code ("NBMC") Section 20.66.020
(Initiation of Amendment) and Section 19.12.050 (Review of Tentative Tract Maps) the
property owner initiated a code amendment and filed an application for a tentative parcel map
on January 14, 2016, to reorient four existing parcels and modify Setback Map No. S -2G to
remove the 5 -foot front setback along East Balboa Boulevard and establish a new 25.5 -foot
front setback along L Street (private street). The property owner also requests the
establishment of 3 -foot side and 5 -foot rear alley setbacks for the new parcels;
WHEREAS, on March 17, 2016, the Planning Commission conducted a public hearing in
the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
NBMC and Ralph M. Brown Act. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing;
WHEREAS, at the March 17, 2016, public hearing, the Planning Commission received
public comments and on an affirmative motion (5 ayes, 2 absent, and 0 noes), adopted
Planning Commission Resolution No. 2014 recommending City Council approve the
proposed Tentative Parcel Map and adopt the Zoning Code Amendment;
WHEREAS, the City Council conducted a public hearing on April 26, 2016, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place
and purpose of the public hearing was given in accordance with the NBMC. Evidence, both
written and oral, was presented to, and considered by, the City Council at this public hearing;
WHEREAS, the standard front setback for properties zoned Residential Single -Family
(R-1) is twenty feet pursuant to NBMC Section 20.18.030 Table 2-3, unless a different
distance is depicted on a setback map. This code amendment removes the existing 5 -foot
front setback depicted on Setback Map No. S -2G and establishes a new 25.5 -foot front
setback along L Street (private street);
Ordinance No. 2016-9
Page 2 of 3
WHEREAS, amendments to the Zoning Code are a legislative act. Neither the City nor
State Planning Law set forth any required findings for either approval or denial of such
amendments, however, the proposed setbacks are appropriate and compatible with the
existing development in the area;
WHEREAS, the subject properties will remain consistent with the General Plan, Coastal
Land Use Plan, and Zoning Code designation of R-1 (Single -Unit Residential) with the subject
Code Amendment to remove the 5 -foot front setback as designated on Setback Map S -2G
along East Balboa Boulevard and to establish setbacks for the reoriented parcels;
WHEREAS, the removal of the 5 -foot front setback along East Balboa Boulevard as
designated on Setback Map S -2G is appropriate given the proposed reconfiguration of the
properties (NP2016-002), whereas this frontage will become a side setback when
redeveloped and this side setback is consistent with other lots that front along East Balboa
Boulevard in the area;
WHEREAS, a 25.5 -foot front setback along L Street (private street) exceeds the
existing 17.5 -foot private street easement and results in an 8 -foot front setback area from the
private street easement. This setback is consistent with the 8 -foot front setback established
for most adjacent blocks (Blocks 26-28 of the East Side Addition to the Balboa Tract) in the
area with a similar development pattern; and
WHEREAS, the modified setbacks established by CA2016-001 affects buildable area
and ultimately the maximum size of a single-family home on the properties. Therefore, the
proposed setbacks (25.5 -foot front, 3 -foot side, and 5 -foot rear) provide a maximum gross
floor area of 4,174 square feet, which is nearly equal to adjacent similarly oriented lots.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Section 1: The City Council hereby approves Code Amendment No. CA2016-001
amending Setback Map S -2G of NBMC Title 20 (Zoning Code), as set forth in Exhibit
"A," which is attached hereto and incorporated herein by reference. The 3 -foot side
and 5 -foot rear alley setbacks for the four properties are established in accordance
with the setbacks as prescribed in NBMC Title 20 (Zoning Code).
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, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 3: The City Council finds the introduction and approval of this ordinance is
categorically exempt under Section 15303, of the California Environmental Quality Act
(CEQA) Guidelines — Class 3 (New Construction or Conversion of Small Structures).
The Class 3 exemption includes the construction of up to four dwelling units. The
Ordinance No. 2016-9
Page 3 of 3
project consists of four new single-family residences that are located on a previously
developed site with no environmentally significant resources present. The modified
setbacks under the code amendment are consistent with all of the requirements of the
Class 3 exemption.
Section 4: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the NBMC shall remain
unchanged and shall be in full force and effect.
Section 5: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414, and it shall be effective thirty (30) days
after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 26th day of April, 2016, and adopted on the 10th day of May,
2016, by the following vote, to -wit:
AYES Council Member Peotter, Council Member Duffield
Council Member Selich, Council Member Curry Council Member Petrol
Mayor Pro Tem Muldoon, Mayor Dixon
NAYS None
ABSENT
ATTEST:
LEILANI I. BROWN. CITY CLERK
APPROVED AS-TO-i\ORM:
CITY ATTOR KEY'S FFICE
AARON C. HARP, CITY ATTORNEY
Ordinance No. 2016-9
EXHIBIT "A"
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2016-9 was duly and regularly introduced on the 26th day of April, 2016, and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of May,
2016, and that the same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
NAYS: None
IN WITNESS WHEREOF, i have hereunto subscribed my name and affixed the official seal of
said City this 11 th day of May, 2016.
STATE OF CALIFORNIA. }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
r
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2016-9 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: April 30, 2016
Adopted Ordinance: May 14, 2016
In witness whereof, I have hereunto subscribed my name this 0�� day of WIA
2016.
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Leilani I. Brown, MNICJ
City Clerk
City of Newport Beach, California
(Seal)