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HomeMy WebLinkAbout2020-11 - Adopting Zoning Code Amendment No. CA2019-008 to Amend Setback Map S-1A - West Newport as set Forth in Section 20.80.040 (Setback Maps) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Applicable to the Property Located at 6ORDINANCE NO. 2020-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT NO. CA2019-008 TO AMEND SETBACK MAP SAA — WEST NEWPORT AS SET FORTH IN SECTION 20.80.040 (SETBACK MAPS) OF TITLE 20 (PLANNING AND ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE APPLICABLE TO THE PROPERTY LOCATED AT 6501/6503 SEASHORE DRIVE (PA2019-216) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, Pamela Dow, Trustee for the Feldman Family Administrative Trust ("Applicant") filed an application to amend Setback Map S -1A — West Newport set forth in Section 20.80.040 (Setback Maps) of the Newport Beach Municipal Code ("NBMC") ("Zoning Code Amendment No. CA2019-008") applicable to the property located at 6501/6503 Seashore Drive, Newport Beach, CA 92663 and legally described as Lot 8, Block E of Tract No. 709, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 7, Page 25 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, APN 045-092-03 ("Property"); WHEREAS, the Property's land use designation under the General Plan of the City of Newport Beach ("General Plan") is RT (Two Unit Residential) and is located within the R-2 (Two -Unit Residential) zoning district; WHEREAS, Zoning Code Amendment No. CA2019-008 is consistent with the General Plan including Policy No. LU 3.1 to maintain Newport Beach's pattern of residential neighborhoods, business and employment districts, commercial centers, corridors, and harbor and ocean districts in that it will provide uniformity with the setback of other properties in the area; WHEREAS, Zoning Code Amendment No. CA2019-008 is consistent with other provisions of Title 20 (Planning and Zoning) of the NBMC, as it will not alter any other development standard or regulation; Ordinance No. 2020-11 Page 2 of 4 WHEREAS, a public hearing was held by the Planning Commission on February 20, 2020, in the 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 California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2020-002 by a majority vote (6 ayes, 0 no) recommending the City Council approve Zoning Code Amendment No. CA 2019-008; and WHEREAS, a public hearing was held by the City Council on April 14, 2020, in the 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 Ralph M. Brown Act and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council of the City of Newport Beach hereby approves Zoning Code Amendment No. CA2019-008, amending Setback Map No. S -1A — West Newport in Section 20.80.040 (Setback Maps) of the NBMC for the residential property located at 6501/6503 Seashore Drive, as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. Section 2: An amendment to Section 21.48.040 (Setback Maps) as set forth in Title 21 (Local Coastal Program Implementation Plan) is also underway pursuant to Ordinance 2020-12 to approve LCP Amendment No. LC2019-007. Zoning Code Amendment No. CA2019-008 shall not become effective until approval of LCP Amendment No. LC2019-007 by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Ordinance No. 2020-11 Page 3 of 4 Section 4: 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 5: The City Council finds the introduction and adoption of Zoning Code Amendment No. CA2019-008 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 5 exemption applies to minor changes in land use limitations, such as setbacks, provided the property has an average slope that does not exceed 20 percent and the change does not result in a change to the permitted land use or density. Zoning Code Amendment No. CA2019-008 amends the setbacks on the relatively flat site; but does not change the residential use. The maximum number of dwelling units on the Property will not increase beyond the existing two units. Application of all development standards including, but not limited to, height and parking, remain the same with or without Zoning Code Amendment No. CA2019-008, thus the allowable intensity of development is not altered. Section 6: 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 7: 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 the same shall become final and effective upon the effective date of approval by the California Coastal Commission of Local Coastal Program Amendment No. LC2019-007 and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council. Ordinance No. 2020-11 Page 4 of 4 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of April, 2020, and adopted on the 28th day of April, 2020, by the following vote, to -wit: AYES: Mayor O'Neill, Mayor Pro Tem Avery Council Member Brenner Council Member Dixon, Council Member Duffield Council Member Herdman Council Member Muldoon NAYS: ABSENT: ATTEST: aa�' LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE /'-, C. " AAR N C. HARP, CITY ATTORNEY C WILL O'NEILL, MAYOR Attachment(s): Exhibit A: Setback Map No. S -1A — West Newport EXHIBIT "A" Zoning Code Amendment No. CA2019-008 S-1 A -West Newport 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. 2020-11 was duly introduced on the 14th day of April, 2020, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 28th day of April, 2020, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 291h day of April, 2020. r Leilani I. Brown, MMC City Clerk 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. 2020-11 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 18, 2020 Adopted Ordinance: May 2, 2020 In witness whereof, I have hereunto subscribed my name this day of 2020. %CtFOR% r Leilani I. Brown, M City Clerk City of Newport Beach, California