HomeMy WebLinkAbout3.0_Tracy Setback Amendment_PA2023-0089CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 7, 2023
Agenda Item No. 3
SUBJECT: Tracy Setback Amendment (PA2023-0089)
▪Zoning Code Amendment
SITE LOCATION: 1020 White Sails Way
APPLICANT: Ron Thorpe of C.J. Light Associates
OWNER: Michael Tracy
PLANNER: Jenny Tran, Assistant Planner
949-644-3212, jtran@newportbeachca.gov
PROJECT SUMMARY
The applicant requests an amendment to Title 20 (Planning and Zoning) of the Newport
Beach Municipal Code (NBMC) to change a front setback established on Setback Map No.
S-11A, “Harbor View Hills/Spyglass” from 50-feet to 21-feet for the property located at 1020
White Sails Way.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations)
of the CEQA Guidelines, because it has no potential to have a significant effect on
the environment and the exceptions under Section 15300.2 are not applicable; and
3)Adopt Resolution No. PC2023-033 recommending City Council adoption of this Code
Amendment (Attachment No. PC 1) to revise Setback Map No. S-11A (Attachment
No. PC 2).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Single Unit Residential
Detached (RS-D)
Single-Unit Residential
(R-1-6000) Single-unit residential dwelling
NORTH RS-D R-1-6000 Single-unit residential dwelling
SOUTH RS-D R-1-6000 Single-unit residential dwelling
EAST RS-D R-1-6000 Single-unit residential dwelling
WEST RS-D R-1-6000 Single-unit residential dwelling
Subject Property
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INTRODUCTION
Background
The City’s Planning and Zoning Code (Title 20) of the Newport Beach Municipal Code
(NBMC) includes a series of maps that provide minimum setbacks for various, but not all,
blocks throughout the City (hereafter referred to as “setback maps”). The current setback
maps are descendants of the original Districting Maps first established by ordinance in
1943. The maps allowed the City to recognize existing and varying conditions that did not
match the citywide default front yard setback of 20 feet for residential properties. Setback
maps provide the minimum distance a primary residential structure must be set back from
the front property line, or another identified line such as a bulkhead or abandoned right-
of-way line.
Setback maps also serve to illustrate which setback areas should be treated as front yard
setback areas for the purpose of regulating accessory structures. For example, the height
of fences, hedges, and walls within side and rear setbacks are typically allowed up to a
height of 6 feet; however, if a side or rear yard area is designated as a front setback by
virtue of being depicted on a setback map, the maximum height of such structures are
limited to 42 inches. Some properties include multiple front setbacks for this purpose.
Project Setting
The subject property is located in the Harbor View Hills neighborhood in Corona del Mar
between Crown Drive and Harbor View Drive. The topography of the lots generally slopes
from Crown Drive down to Harbor View Drive. The topographic survey included as
Attachment No. PC 5 demonstrates there is a 10-foot drop in elevation within the front 50
feet of the subject property toward White Sails Way.
Harbor View Hills is one of the City's residential subdivisions annexed in 1959. A
staggered setback concept was approved with the original tract map (Tract Map No.
2202) recorded on November 10, 1959. As part of this approval, the staggered front
setbacks were established with the adoption of Districting Map No. 32 on December 14,
1959. Figure 1 below is the current setback map that is consistent with Districting Map
No. 32.
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Figure 1: Existing setbacks per Setback Map No. S-11A
Project Description
The subject property has a front setback of 50 feet established by Setback Map No. S-
11A, “Harbor View Hills/Spyglass” (formerly Districting Map No. 32). Properties along
White Sails Way have established front setbacks that range from 13 feet to 52 feet.
The applicant is requesting to amend Setback Map No. S-11A for a reduced front setback
from 50 feet to 21 feet.
The applicant has provided plans for an addition and remodel to the single-unit dwelling
with the requested 21-foot front setback. However, approval of this zoning code
amendment does not approve the plans and any proposed development must comply
with any applicable development standards, including site distance requirements for
access.
Subject Property
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DISCUSSION
General Plan and Zoning Code
The proposed code amendment will not result in a setback that is inconsistent with the
General Plan’s goals and policies. Consistent with Policy LU 5.1.5 (Character and Quality
of Single-Family Residential Dwellings) of the Land Use Element of the General Plan, the
subject property will still be designed to be compatible with the neighborhood
development in density, scale, and street facing elevations as well as with articulation and
modulation of building masses and elevations to avoid the appearance of “box-like”
buildings through application of zoning standards. Additionally, Policy LU 5.1.6 (Character
and Quality of Residential Properties), states that residential front setbacks and other
areas visible from the public street shall be attractively landscaped, trash containers
closed, and driveway and parking paving minimized. The change in setback will allow
structures to be developed closer to the street and paving and landscaping standards
would still apply.
In accordance with Section 20.30.110 (Setback Regulations and Exceptions) of the
NBMC, setback standards ensure the provision of open areas around structures for:
visibility and traffic safety; access to and around structures; access to natural light and
ventilation; separation of incompatible land uses; space for privacy, landscaping, and
recreation; protection of natural resources; and safety from fire and geologic hazards. The
proposed setback of 21 feet would still maintain adequate open area, visibility, access to
light, privacy, and safety from fire and geologic hazards consistent with the purpose and
intent of Section 20.30.110 of the NBMC.
In accordance with Section 20.18.030 (Residential Zoning Districts General Development
Standards) of the NBMC, the subject property is within the R-1-6000 Zoning District where
the standard front setback is 20 feet. The proposed change in setback to 21 feet would
be greater than the default requirement of 20 feet. Therefore, the project will remain
consistent with the purpose and intent of setback standards of the NBMC. Additionally,
the setback would not be identical to the abutting lots on the block so the theme of varying
setbacks would be maintained if the request is approved.
Lot Coverage
The subject property is within the R-1-6000 Zoning District, which allows for a maximum
lot coverage of 60 percent. Since lot coverage is based on the entire lot area, the current
setbacks make it impossible to achieve this maximum (i.e., the current setbacks are
greater than 40 percent of the lot area). The project will afford the applicant the ability to
develop the lot to the maximum lot coverage of 60 percent. No amendments to the
underlying maximum lot coverage are proposed and the project would only allow the
property owner to achieve the maximum lot coverage that is already allowed under the
current development standards of the NBMC. This would also allow the opportunity for
articulation in building design consistent with Section 20.48.180(B)(2)(a) of the NBMC,
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Tracy Setback Amendment (PA2023-0089)
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which discourages long, unarticulated exterior walls on all structures. The visual massing
of a building should be reduced by incorporating appropriate design elements; including
variation in the wall plane, building modulation, openings, recesses, vertical elements,
varied textures, and design accents.
Visibility
Figure 2 below shows the current configuration on the property with the driveway to the
existing garage and the 50-foot front setback. The topography of the property and the
current setback require the garage to be set higher up a relatively steep slope. The current
front yard improvements, landscaping, driveway, and the slope of the lot makes it more
challenging for visibility of oncoming traffic, pedestrians, and cyclists. The reduced
setback will allow a garage to be constructed closer to the street level with a revised
driveway approach to allow enhanced visibility for driveway navigation while minimizing
the size of the driveway similar to the abutting property shown in Figure 3 discussed
below.
Figure 2: Existing driveway for 1020 White Sails Way
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Neighborhood Compatibility
The neighborhood appears to be designed with staggered front setbacks to allow for
variety and visual interest within the neighborhood. However, staff’s research was unable
to find further justification for the wide range of front setbacks established on Districting
Map No. 32, including the larger mid-block setbacks for White Sails Way. The existing
topography may have been a factor. The proposed 21-foot setback will maintain variety
in design within the neighborhood and will be consistent with the existing pattern of
development that provides staggered front setbacks.
Modification Permit No. MD5098 was approved on June 23, 2000, for the property directly
south of the Property at 1014 White Sails Way that allowed additions and alterations to
an existing single-unit dwelling. The Modification Permit allowed the structure to encroach
26 feet, 7 inches into the required 48-foot front setback. This allowed for the garage to be
developed 21 feet, 5 inches from the front property line as shown in Figure 2 below. The
proposed change in setback to 21 feet is consistent with the neighboring property and
other properties on the street with approximately 20-foot setbacks.
Additionally, the applicant has received approval of the proposed addition and remodel to
the single-unit dwelling, including the 21 feet front setback, from the Harbor View Hills
Community Association/Architectural Design Committee (Attachment No. PC 4), which
provides further support for neighborhood compatibility.
Figure 3: 1014 White Sails Way as approved in Modification Permit No. MD5098
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Summary
In conclusion, the proposed request is to amend Title 20 of the NBMC to change a front
setback established on Setback Map No. S-11A from 50-feet to 21-feet for the subject
property. Amendments to zoning regulations are legislative acts. Neither the NBMC nor
State Planning Law set forth any required findings for either approval or denial of such
amendments. Amendments must not conflict with State law and the amendment must be
consistent with the General Plan. Staff believes the justification to change the front
setback are presented in the draft Resolution (Attachment No. PC 1) and is consistent
with the City’s goals and objectives of the General Plan and Zoning Code.
Alternatives
The following alternatives are available to the Planning Commission should they feel the
facts are not in evidence of support for the project application:
1.The Planning Commission may suggest specific changes that are necessary to
alleviate concerns. Changes may include but are not limited to recommending a
different setback that the Commission determines is more compatible with the
designated setbacks of the neighboring properties. If any requested changes are
substantial, the item should be continued to a future meeting to allow a redesign
or additional analysis. Should the Planning Commission choose to do so, staff will
return with a revised resolution incorporating new findings and/or conditions.
2.If the Planning Commission believes that there are insufficient facts to support the
findings for approval, Planning Commission must deny the application and provide
facts in support of denial to be included in a resolution.
Environmental Review
This project is exempt from 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, Chapter 3 because it has no potential
to have a significant effect on the environment.
The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
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Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant, and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the city website.
Prepared by:
____________________________
Jenny Tran, Assistant Planner
Submitted by:
LAW/jt
ATTACHMENTS
PC 1 Draft Resolution
PC 2 Existing Setback Map S-11A – Harbor View/Spyglass
PC 3 Proposed Setback Map S-11A – Harbor View/Spyglass (Code Amendment)
PC 4 HOA/Architectural Design Committee Letter of Approval
PC 5 Topographical Survey
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Attachment No. PC 1
Draft Resolution
11
RESOLUTION NO. PC2023-033
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE
CITY COUNCIL ADOPT A ZONING CODE AMENDMENT TO
REVISE SETBACK MAP NO. S-11A (HARBOR VIEW
HILLS/SPYGLASS) CHANGING THE FRONT SETBACK FOR
THE PROPERTY LOCATED AT 1020 WHITE SAILS WAY
(PA2023-0089)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Ron Thorpe of C.J. Light Associates (“Applicant”) on behalf of
the property owner, Michael Tracy (“Property Owner”), concerning property located at 1020
White Sails, and legally described as Lot 30 or Tract Map No. 2202 (“Property”) requesting
approval of an amendment to Title 20 (Planning and Zoning) (“Title 20”) of the Newport
Beach Municipal Code (“NBMC”).
2. Title 20 of the NBMC includes a series of maps that provide minimum front setbacks for
various, but not all, blocks throughout the City. The practice began in 1943 as a way to
recognize existing and varying conditions that did not match the citywide default front yard
setback standard of 20 feet. The current setback maps are the descendants of the original
1943 maps (previously called districting maps).
3. The Applicant requests to amend Title 20 of the NBMC to change a front setback
established on Setback Map No. S-11A, “Harbor View Hills/Spyglass” (formerly designated
as Districting Map No. 32) from 50 feet to 21 feet (“Project”).
4. The Property is categorized Single-Unit Residential Detached (RS-D) by the General Plan
Land Use Element and is located within the Single-Unit Residential (R-1-6000) Zoning
District.
5. The Property is not located within the coastal zone.
6. A public hearing was held on September 7, 2023, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. A notice of the time, place, and purpose of the hearing
was given in accordance with California Government Code Section 54950 et seq.
(“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence,
both written and oral, was presented to and considered by, the Planning Commission at
this hearing.
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Planning Commission Resolution No. PC2023-033
Page 2 of 4
01-17-23
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (“CEQA”) under
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.
2. The Class 5 exemption authorizes minor alterations in land use limitations in areas with
an average slope of less than 20 percent, which do not result in any changes in land
use or density. Minor alternations include set back variances not resulting in the creation
of any new parcel. The Project involves changing a front setback on a property with an
average slope less than 20 percent and will not result in the creation of a new parcel.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The Project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
1. Amendments to Title 20 of the NBMC are legislative acts. Neither the NBMC nor State
Planning Law set forth any required findings for either approval or denial of such
amendments.
2. In accordance with Section 20.30.110 (Setback Regulations and Exceptions) of the
NBMC, setback standards ensure the provision of open areas around structures for:
visibility and traffic safety; access to and around structures; access to natural light and
ventilation; separation of incompatible land uses; space for privacy, landscaping, and
recreation; protection of natural resources; and safety from fire and geologic hazards.
The proposed setback of 21 feet would still maintain adequate open area, visibility,
access to light, privacy, and safety from fire and geologic hazards consistent with the
purpose and intent of Section 20.30.110 (Setback Regulations and Exceptions) of the
NBMC.
3. In accordance with Section 20.18.030 (Residential Zoning Districts General
Development Standards) of the NBMC, the Property is within the Single-Unit Residential
(R-1-6000) Zoning District where the standard front setback is 20 feet. The change in
setback will still maintain the purpose and intent of setback standards and is consistent
with the Zoning District.
4. The Property is within the Single-Unit Residential (R-1-6000) Zoning District, which
allows for a maximum lot coverage of 60 percent. Since lot coverage is based on the
entire lot area, the current setbacks make it impossible to achieve this maximum. The
Project will afford the Applicant the ability to develop the lot to the maximum lot coverage
of 60 percent. No amendments to the underlying maximum lot coverage are proposed
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Planning Commission Resolution No. PC2023-033
Page 3 of 4
01-17-23
and the Project would only allow the Property owner to achieve the maximum lot
coverage that is already allowed under the current development standards of the NBMC.
5.The current front yard improvements, landscaping, driveway, and the slope of the lot
creates an obstruction of visibility of oncoming traffic, pedestrians, and cyclists. The
proposed setback reduction to 21 feet will allow for vehicles to exit the property with
more visibility because the garage will be able to be constructed closer to street level
and will allow for a safer driveway exit.
6.Properties along White Sails Way have varying slopes in the front of the property with
the more sloped properties towards Harbor View Drive, including the Property.
Properties in the neighborhood are developed with landscaping, terraced walls, and
driveways in the front yard with a range of setbacks from 13 feet to 52 feet. The Project
will modify the front setback to allow the Property to be developed in a way to achieve
the maximum lot coverage under the current NBMC that is consistent with other
properties in the neighborhood and the standard front setback for single-unit properties.
7.The proposed setback of 21 feet will allow the Property Owner full use and enjoyment
of the Property and a safer driveway exit with increased visibility without creating bulk
or scale that is inconsistent with the pattern of development in the neighborhood.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act under 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, and further the exceptions to this
categorical exemption under Section 15300.2 are not applicable.
2.The Planning Commission of the City of Newport Beach hereby recommends that the City
Council approve an amendment to Title 20 (Planning and Zoning) of the NBMC attached
hereto as “Exhibit A” and incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED THIS 7TH DAY OF SEPTEMBER, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
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Planning Commission Resolution No. PC2023-033
Page 4 of 4
01-17-23
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Tristan Harris, Secretary
Attachment: Exhibit A – Title 20 Setback Map
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Attachment No. PC 2
Existing Setback Map S-11A – Harbor
View/Spyglass
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0 300150Feet S-11A - Harbor View Hills / SpyglassSetback Map20
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Name: S-11A / October 26, 2010 23
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Attachment No. PC 4
HOA/Architectural Design Committee
Letter of Approval
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Attachment No. PC 5
Topographical Survey
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186.09TW SCALE 1"=8'0'8'16'EASEMENT NOTE: THE PLAT FOR THIS SURVEY WAS PREPAREDWITHOUT A TITLE REPORT. UNPLOTTED EASEMENTS MAY EXISTON THE SUBJECT PROPERTY.JOB: 86-69 DATE: 7/21/2022(949) 422-1869 CELL(949) 858-2924 OFFICELAGUNA HILLS, CA 9265323016 LAKE FOREST DR. #409RdM SURVEYING INC.RON MIEDEMA L.S. 4653RDMSURVEYING@COX.NETDESCRIPTIONLEGENDOWNER: Mike TracyTOPOGRAPHIC SURVEYLEGAL DESCRIPTION:BENCH MARK:ADDRESS OF PROJECT:XX(123.45)( )P.P.WMF.F.G.F.CONC.F.S.M.H.PA.C.T.G.MEAS. ELEVATIONSTOP-GRATEASPHALTPLANTERMAN-HOLEFINISH SURFACECONCRETEGARAGE FLOORFINISH FLOORWATER METERPOWER POLEFENCEPROPERTY LINEBUILDINGWALLDECKBRICKREC. BRG. & DIST.NATURAL GRADEN.G.BENCH MARK1020 WHITE SAILS WAYNEWPORT BEACHLOT 30TRACT NO. 2202M.M. 123/22-26County of Orange 3k 55 99Elevation = 145.20 NAVD 88 DatumCONC.CONC.CONC.CONC.CONC.CONC.CONC.TILETILETILETILETILETILETILE TILE
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September 7, 2023, Planning Commission Item 3 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 3. TRACY SETBACK AMENDMENT (PA2023-0089)
Regarding the origin of the existing setback, the staff report says (on page 7) “The
neighborhood appears to be designed with staggered front setbacks to allow for variety and
visual interest within the neighborhood. However, staff’s research was unable to find further
justification for the wide range of front setbacks established on Districting Map No. 32, including
the larger mid-block setbacks for White Sails Way.”
However, the designations appear to have been quite purposeful, with the front setbacks for
each lot specifically called out on page 32 of the City’s 42 pages of archived Tract Map 2202
materials.
The City’s current GIS mapping with the setback areas shaded in suggests some other possible
motivations:
Planning Commission - September 7, 2023 Item No. 3a - Additional Materials Received Tracy Setback Amendment (PA2023-0089)
September 7, 2023, PC agenda Item 3 comments - Jim Mosher Page 2 of 2
Among them:
1. Since the curving front and rear property lines cause the lots to increase significantly in
depth in mid-block, without the varying setbacks, the buildable areas would have also
varied significantly.
2. There may have been desire to limit the homes on each lot to similar sizes.
3. There may have been a desire to use the increased depth to create more open space in
mid-block.
4. Rather than “modulating” the frontages, as staff speculates, there may have been a
desire to “straighten” the line of homes to protect views to the south from the front yards,
and prevent views from shallower lots on the north to be blocked by structures on wider
lots to the south.
On the same page, the staff report cites Modification Permit No. MD5098, approved in 2000 for
the adjacent property at 1014 White Sails Way, as an apparent justification for approving the
present request.
It does not, however, provide any explanation of why a modification permit was appropriate in
that case, while a legislative change in setbacks was appropriate here.
Most importantly, it does no mention that the three-member staff committee that approved
Modification Permit No. MD5098, was not changing the front setback, but rather believed it was
approving the construction of a subterranean garage within it, that would be located “almost
entirely below existing grade” and “not visible from the neighboring properties on either side”
(although, as a garage, it would, obviously, be visible from street).
As I understand it, the current request for a reduced setback comes with none of those
restrictions or considerations. It would arbitrarily and substantially increase the buildable area
(and, hence, the floor area limit) for one, single lot, and allow permanent view-blocking
structures in what neighbors assumed had been reserved as open area.
The other requests for setback changes that I have seen come before the Planning Commission
were to correct errors or anomalies in the adopted maps. In this case, the existing setback is
clearly not an error, and approval of this item would, instead, create the anomaly of one lot with
a 21 foot setback sandwiched, for no obvious reason, between neighbors required to conform to
40 and 48 foot setbacks.
I also do not understand the claim the change in setback is required to correct a safety issue.
Figure 2 in the staff report suggests the visibility problem from the existing driveway is created
by an overly high wall someone has erected in apparent violation of City codes. Lowering or
removing the wall would seem the simpler solution.
Planning Commission - September 7, 2023 Item No. 3a - Additional Materials Received Tracy Setback Amendment (PA2023-0089)
DOUG@NDHOALAW.COM
999 CORPORATE DRIVE, SUITE 100, LADERA RANCH, CA 92694 | TEL: 949.654.1510 | WWW.NDHOALAW.COM
September 6, 2023
VIA EMAIL ONLY (planningcommissioners@newportbeachca.gov)
Planning Commissioners
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: Agenda Item No. 3, Tracy Setback Amendment (PA2023-0089)
1020 White Sails Way
Dear Commissioners:
Our firm represents the Harbor View Hills Community Association (“Association”)
in which the Tracy property (“Subject Property”) is located. We are writing to you
on behalf of the Association’s Board of Directors (“Board”) regarding Agenda Item
No. 3 as noted above for the Public Hearing to be held on September 7, 2023.
The Board is concerned that a zoning amendment reducing the current setback
requirement for the Subject Property from 50 feet to 21 feet is not the appropriate
mechanism because it could potentially allow for future development of the Subject
Property within the reduced setback area other than the garage as currently
proposed. Such a permanent change in setback requirements is not what was
intended or approved by the Association’s Architectural Design Committee when it
reviewed the plans for the Subject Property.
The Board requests that the Planning Commission deny an amendment to the City’s
current 50-foot setback requirement but instead consider granting a project-
specific modification or variance to the 50 foot setback requirement that would still
allow for the Tracys’ proposed remodel project but without amending the City’s
Planning and Zoning Code. Such an approach would be consistent with the
modification permit that was previously granted to the neighboring property at 1014
White Sails Way as noted in the Staff Report.
As a minimum, the Association requests the Planning Commission grant a
continuance for Agenda Item No. 3 to the next public hearing date so the Tracys,
the Association, and staff can resolve this issue.
Planning Commission - September 7, 2023 Item No. 3a - Additional Materials Received Tracy Setback Amendment (PA2023-0089)
Harbor View Hills Community Association
September 6, 2023
Page 2
Very truly yours,
Nordberg | DeNichilo, LLP
By: Douglas P. Bickham, Esq.
cc: Board of Directors, Harbor View Hills Community Association
letter to planning commission re change in tracy property setback - dpb - 09062023
Planning Commission - September 7, 2023 Item No. 3a - Additional Materials Received Tracy Setback Amendment (PA2023-0089)
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: Jenny Tran, Assistant Planner
Date: September 7, 2023
Re: Item No. 3: Tracy Setback Amendment (PA2023-0089)
________________________________________________________________
Staff would like to inform the Planning Commission that Item No. 3 for the Tracy
Setback Amendment has been removed from the calendar and will not be
considered at the hearing scheduled on September 7, 2023.
Enc. Email from the Applicant, Ron Thorpe
Planning Commission - September 7, 2023 Item No. 3b - Additional Materials Received from Staff Tracy Setback Amendment (PA2023-0089)
From: Ron Thorpe <ron@cjlight.net>
Sent: September 06, 2023 11:45 AM
To: Tran, Jenny
Subject: 1020 White Sails Way
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Hi Jenny,
Thank you for taking my call. Based on the outcome of our phone conversation, we’d like to have the
Tracy Setback Amendment ( PA2023-0089 ) removed from the calendar, so we can all meet and discuss
this more detail.
Thank you again, for all of your help. I greatly appreciate it.
Ron
Ron Thorpe
C. J. Light Associates
1401 Quail Street, Suite 120
Newport Beach, CA 92660
949-851-8345
949-851-1116 fax
www.cjlight.com
This email message is for the sole use of the intended recipient(s) and may contain confidential and
privileged information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. Any
dissemination or copying of this email or its contents is strictly prohibited.
Planning Commission - September 7, 2023 Item No. 3b - Additional Materials Received from Staff Tracy Setback Amendment (PA2023-0089)