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Home My WebLink About2061 - CITY INITIATED CODE AMENDMENT TO CHANGE SETBACK MAP NO. S-3A. - Lido Isle RESOLUTION NO. 2061 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL OF NEWPORT BEACH APPROVE NEWPORT BEACH MUNICIPAL CODE AMENDMENT NO. CA2016-004 TO AMEND SETBACKS FOR EIGHT RESIDENTIAL PROPERTIES ON LIDO ISLE (PA2016-066) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. Pursuant to Newport Beach Municipal Code ("NBMC") Section 20.66.020, the Planning Commission initiated an NBMC amendment on July 11, 2016, to amend side and front setbacks for eight residential properties on Lido Isle, consistent with the historic front and side yard setbacks for these properties. 2. Following adoption of the City of Newport Beach's ("City") comprehensive 2010 Zoning Code update, City staff discovered front setbacks were left unclarified and/or inadvertently placed on setback maps S-3A and S-313 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. 3. The NBMC amendment would remove the additional front setbacks inadvertently placed on the Setback Maps for residential properties located at 203 Via Ithaca and 300, 328, 332, 408, 412 and 416 Piazza Lido, reinstate side setbacks for these properties, and clarify a front setback on the Setback Maps for the residential property located at 335 Piazza Lido. 4. The subject properties are designated Single Unit Residential Detached (RS-D) by the Land Use Element of the General Plan and are located within the Single Unit Residential (R-1) Zoning District. 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached (RDS-C). 6. The Planning Commission conducted a public hearing on July 6, 2017, in the City 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 Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This code amendment is categorically exempt under Section 15305, of the California Environmental Quality Act ("CEQA") Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the lots affected by this amendment have an average slope of less than twenty percent; this amendment does not change the land use category or zoning district of Planning Commission Resolution No. 2061 Page 2 of 4 the affected lots; and the maximum number of dwelling units allowed on each lot remains unchanged. SECTION 3. FINDINGS. 1. The subject properties will remain consistent with the General Plan, Coastal Land Use Plan, and Zoning Code designation of Single Unit Residential (R-1) with the code amendment to change the setbacks on the Setback Maps for properties located at 203 Via Ithaca and 300, 328, 332, 408, 412 and 416 Piazza Lido. 2. The standard side setback for properties over 40 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. 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. 3. Amending the Setback Maps to reinstate the four-foot side yard setbacks will maintain the existing development pattern of the neighborhood since the properties were developed with the historic setbacks. Additionally, properties in the surrounding area are regulated with three to four-foot side setbacks, depending on lot width. Thus, this code amendment allows the properties to maintain their existing uses and remain consistent with adjacent properties. 4. The additional front setbacks not only affect building placement, but also impact the height of accessory structures, buildable area and ultimately the maximum size of single family residences on the properties. Therefore, the development limits of the subject properties have been unintentionally changed and reinstating the correct side setbacks is necessary to return historic property rights to the property owners. 5. 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 4-foot front setback identified on the historic map, DM6. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends the City Council of Newport Beach approve NBMC Amendment No. CA2016-004 amending the setbacks of eight residential properties located at 203 Via Ithaca and 300, 328, 332, 335, 408, 412, and 416 Piazza Lido on setback maps S-3A and S-313 as set forth in Exhibit "A," which is attached hereto and incorporated by reference. PASSED, APPROVED AND ADOPTED THIS 6t" DAY OF JULY, 2017. AYES: Dunlap, Kleiman, Koetting, Kramer, Weigand, Zak Planning Commission Resolution No. 2061 Page 3 of 4 NOES: None ABSTAIN: None ABSENT: Lowrey BY: Pet Koettin , Chairma BY: Erik Weigand, Secre ry Planning Commission Resolution No. 2061 Page 4 of 4 EXHIBIT "A" Newport Beach Municipal Code Amendment No. CA2016-004 � o y fi .p C � tiall'♦ CD `fiRG •4\ 1. y. 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