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Home My WebLink About03 - Setback Maps S -3A and S-313 (PA2016-066)Q SEW Pp�T CITY OF �m z NEWPORT BEACH c�<,FORN'P City Council Staff Report September 26, 2017 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Chelsea Crager, Assistant Planner, ccrager(a)-newportbeachca.gov PHONE: 949-644-3227 TITLE: Adoption of an Ordinance Amending Setback Maps S -3A and S-313 (PA2016-066) F-11:163 I Z7_T91 6 The attached ordinance was considered and introduced at the September 12, 2017, City Council meeting. The amendment to the Zoning Code corrects setback maps for eight residential properties on Lido Isle. During the 2010 Zoning Code update, the City inadvertently labeled eight properties incorrectly on Setback Maps S -3A and S -3B. The purpose of the amendment is to correct the mapping errors only. RECOMMENDATION: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, Class 5 (Minor Alterations in Land Use Limitations) because it has no potential to have a significant impact on the environment; and b) Conduct second reading and adopt 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). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). The Class 5 exemption allows minor alterations in land use limitations in areas with an average slope of less than 20 percent and which do not result in any changes in land use or density. In this case, the eight lots affected by the 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 lots; and the maximum number of dwelling units per lot will not change. 3-1 Adoption of an Ordinance Amending Setback Maps S -3A and S -3B (PA2016-066) September 26, 2017 Page 2 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Ordinance No. 2017-13 3-2 Attachment A Ordinance No. 2017-13 3-3 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 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-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; 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 3-4 Ordinance No. 201_-_ Page 2 of 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; 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. 3-5 Ordinance No. 201_-_ Page 3 of 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. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach geld on the 12th day of September 2017, and adopted on the day of , 2017, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS KEVIN MULDOON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY Attachment(s): Exhibit A — Setback Maps S -3A and S -31B Lido Isle 3-6 s r a w c D "vv z " •��,�"°" e J ;�• 'moo x. Ul TO ' � `'• oA`�q �4 :5"7` }}off Lh y z`be y �aGq r .y ha yOQ7r Ha� 5 �'°N V na yc4 .� r° o v,cE � � Orr y SFry � 4 .G: S tI9 rCrp 3 _ CQRt7E-o' » re' 4 =�S+y� �- % 1s:1 >s ° a`O F,9 yyx r Iso °I" q.. 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