HomeMy WebLinkAbout2011-9 - Approving Planned Community Development Plan Amendment No. PD2007-006 (PA2007-213) 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 EstablishORDINANCE 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 Hill, Rosansky, Gardner,
Selich, Curry, Daigle, Mayor Henn
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBE S None /
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MAYOR
ATTEST:
Nn r
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY 2-12'shl
Exhibit "A"
CODE AMENDMENT NO. CA2010 -010
SETBACK MAP NO. S -9A - IRVINE TERRACE
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
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. 2011 -9 was duly and regularly introduced on the 8th day of March, 2011, and
adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held
on the 22nd day of March, 2011, and that the same was so passed and adopted by the following vote,
to wit:
Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of March, 2011.
a
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2011 -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 daily newspaper of
general circulation on the following dates:
2011.
Introduced Ordinance: March 12, 2011
Adopted Ordinance: March 26, 2011
In witness whereof, I have hereunto subscribed my name this �A day of 1 ITV_
elm
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City Clerk
City of Newport Beach, California