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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