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HomeMy WebLinkAbout2017-13 - Amending the Newport Beach Municipal Code Related to Certain front Yard and Side Yard Setbacks (PA2016-066)ORDINANCE NO. 2017-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE NEWPORT BEACH MUNICIPAL CODE RELATED TO CERTAIN FRONT YARD AND SIDE YARD SETBACKS (PA2016-066) WHEREAS, pursuant to Newport Beach Municipal Code ("NBMC") Section 20.66.020 the Planning Commission initiated a code amendment on July 11, 2016, to amend side and front setbacks for eight residential properties located on Lido Isle, consistent with historic front and side yard setbacks for these properties; WHEREAS, following adoption of the City of Newport Beach's ("City") comprehensive 2010 Zoning Code update, City staff discovered that front setbacks were left unclarified and/or inadvertently placed on setback maps S -3A and S-36 Lido Isle in NBMC Section 20.80.040 ("Setback Maps") for residential properties located at 203 Via Ithaca and 300, 328, 332, 335, 408, 412 and 416 Piazza Lido; WHEREAS, on July 6, 2017, the Planning Commission conducted a public hearing in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider this amendment. 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 July 6, 2017, public hearing, the Planning Commission received public comments and written staff reports, and on an affirmative motion (6 ayes, 1 absent, and 0 noes), forwarded a recommendation to the City Council to approve the proposed amendment; WHEREAS, the City Council conducted a public hearing on September 12, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to consider this amendment. 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, following this proposed amendment, the subject properties will remain consistent with the General Plan, Coastal Land Use Plan, and Zoning Code designation of Single -Unit Residential (R-1); WHEREAS, the standard side setback for properties over forty feet in width and zoned Single -Unit Residential (R-1) is four feet pursuant to NBMC Section 20.18.030 Table 2-2, unless a different distance is depicted on a setback map; WHEREAS, if a setback is depicted on a setback map, it is regulated as a front setback. Prior to the 2010 Zoning Code update, the historic districting map acted as a setback map. When the Setback Maps were created as a part of the 2010 Zoning Code update, property lines on seven residential properties, previously regulated as side setbacks, were labeled as front setbacks. This discrepancy was inadvertent and this code amendment corrects the prior error; Ordinance No. 2017-17 Page 2 of 3 WHEREAS, in the creation of the Setback Maps, the front setback adjacent to Via Firenze for the property at 335 Piazza Lido was left unclear. This ambiguity was inadvertent, and the Setback Maps intended to identify the four foot front setback identified on the historic map, DM6; and WHEREAS, amending the setback map to reinstate the side yard setbacks and clarify front setbacks does not result in a significant change to the existing development pattern of the neighborhood since the properties were developed with these standards, thus, this code amendment allows the properties to maintain their existing uses and remain consistent with adjacent properties. 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- 004 amending Setback Maps S -3A and S-313 Lido Isle in NBMC Section 20.80.040(Zoning Code) ("Setback Maps") for residential properties located at 203 Via Ithaca and 300, 328, 332, 335, 408, 412 and 416 Piazza Lido, as set forth in Exhibit A, which is attached hereto and incorporated herein by reference. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: 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 4: The City Council finds the introduction and approval of this ordinance is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the residential properties affected by this 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 residential properties; and the maximum number of dwelling units per property will not change. Section 5: 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 6: 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. Ordinance No. 2017-17 Page 3 of 3 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of September 2017, and adopted on the 26th day of September, 2017, by the following vote, to -wit: AYES: Council Member Scott Peotter, Council Member Brad Averv. Council Member Diane Dixon, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield Mayor Kevin Muldoon NAYS: None ABSENT: Council Member Jeff Herdman KEVIN MULD N, MAYOR ATTEST: 11. BROWN, CITY CLERK APPROVED AS TO FORM: IN CITY ATTO EY'S OFFICE Z& L— (Grl AARON C. HARP, CITY ATTORNEY Exhibit A – Setback Maps S -3A and S-313 Lido Isle NO' - Exhibit O' EXHIBIT A S -3A - Lido Isle Setback Map S -31B - Lido Isle Setback Map 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. 2017-13 was duly introduced on the 121h day of September, 2017 at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 261h day of September, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None ABSENT. Council Member Jeff Herdman IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of September, 2017. Leilani 1. Brown, MMC �Fv4j;_,4, City of Newport Beach, California CERTIFICATE OF PUBLICATION 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 Ordinance No. 2017-13 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: September 16, 2017 Adopted Ordinance: September 30, 2017 In witness whereof, I have hereunto subscribed my name this day of 1 2017. PORTS a O�d Leilani I. Brown, MMC v City Clerk City of Newport Beach, California C4Ll FOE'