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HomeMy WebLinkAbout11 - Code Amendment CA2010-010 - 1537 Santanella TerraceaEW�Rr CITY OF N. PO RST BEACH C'9<IFORN,P City Council Staff Report Agenda Item No. 11 March 8, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Joel Fick, Interim Community Development Director 949 - 644 -3226, jfick @newportbeachca.gov PREPARED BY: Javier S. Garcia AICP, Senior Planner, jgarcia@newportbeachca.gov APPROVED: TITLE: Code Amendment No. CA2010 -010 (1537 Santanella Terrace) ABSTRACT: The application is for a code amendment to change the front setback established on Setback Map S -9A- Irvine Terrace from 34 feet to 19 feet for the property located at 1537 Santanella Terrace. RECOMMENDATION: 1) Conduct a public hearing; and 2) Introduce Ordinance No. approving Code Amendment No. CA2010 -010 to change the front setback established by Setback Map S -9A — Irvine Terrace from 34 feet to 19 feet and pass to second reading for adoption on. March 22, 2011 (Attachment No. CC 1). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. INTRODUCTION: Proiect Setting The subject property is located in the Irvine Terrace neighborhood on the southerly side of Santanella Terrace between Patolita Drive and Ramona Drive. The topography in the Irvine Terrace neighborhood slopes downward from East Coast Highway to Bayside Drive. 2. VICINITY le PLAN f J �Jf /' JJ ♦ � J J f f p p p Project J J i Location ♦ I f J J f f ! ♦ J J p J., . �• ♦ J A 40 ♦ J � t f f 4 , ILA Project Location Johnson Code Amendment March 08, 2011 Page 2 If ! , Project Location ON -SITE Single -Unit Residential Single -Unit Residential (R -1) Single -unit residential detached Detached RS -D NORTH RS -D R -1 Single-unit residential detached SOUTH RS -D R -1 Sinale -unit residential detached W11*111 I:ail 3 Johnson Code Amendment March 08, 2011 Page 3 Project Description The current 34 -foot front setback requirement for the subject property is established on Setback Map S9A- Irvine Terrace (Planning Commission Staff Report Attachment No. PC 3, formerly Districting Map No. 24). Minimum required front setbacks range from 5 feet to 35 feet on Santanella Terrace. The applicant's request is to reduce the front setback to 19 feet. Planning Commission Staff Report Attachment No. PC 8 contains the tentative project plans for the proposed residential structure. Homeowner's Association approval has been deferred until the City takes action on the proposed code amendment. DISCUSSION: Planning Commission Action On January 20, 2011, the Planning Commission voted (6 ayes, 1 absent) to recommend approval of Code Amendment No. CA2010 -010 to the City Council. Attachments to this staff report include Planning Commission Resolution No. 1830 (CC 2), an excerpt of the Planning Commission Minutes (CC 3), and a detailed staff report to the Planning Commission (CC 4). As reflected in the Planning Commission Minutes, the Planning Commission discussed the ability to park a vehicle within the proposed 19 -foot front setback area, requiring homeowner's association approval prior to Planning Commission action, changing setbacks throughout Irvine Terrace, and the ability to deny future applications for setback changes. In recommending approval of the code amendment, the Planning Commission determined that the visual character of the streetscape, as originally defined by variation in front setbacks, is not affected by the proposed setback change, and that the retention of the current 34 -foot front setback for the subject property is not warranted in this particular case. Staff concurs that the proposed 19 -foot front setback is consistent with -- maintaining- the visual character of the neighborhood, provides adequate setback variation between the adjacent properties, and therefore is consistent with the intent of the original setback requirements (Planning Commission Staff Report Attachment No. PC 7). ENVIRONMENTAL REVIEW: Staff recommends that the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15305, (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. 61 Johnson Code Amendment March 08, 2011 Page 4 The project involves a change in front setback established on a Setback Map, which is consistent with this exemption. 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). Additionally, notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property, and posted at the site a minimum of ten days in advance of this hearing, consistent with the Municipal Code requirements. Submitted by: 4 KZL Joel Fick Interim Community Development Director Attachments: CC 1 Draft Ordinance and Portion of Setback Map S -9A- Irvine Terrace Exhibit CC 2 Planning Commission Resolution No. 1830, dated January 20, 2011 CC 3 Excerpt of Planning Commission Minutes of January 20, 2011 CC 4 Planning Commission Staff Report of January 20, 2011 and its attachments ►0 Attachment No. CC 1 DRAFT ORDINANCE WITH SETBACK MAP EXHIBIT FOR CA2010 -010 I 8 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. CA2010 -010 TO REVISE SETBACK MAP NO. S -9A — IRVINE TERRACE TO ESTABLISH A 19 -FOOT FRONT SETBACK FOR PROPERTY LOCATED AT 1537 SANTANELLA TERRACE (PA2010 -176) WHEREAS, an application was filed by Andrew Goetz, on behalf of the property owner Stacie Johnson, with respect to property located at 1537 Santanella Terrace, and legally described as Lot 28 of Tract 1701, requesting approval of a Code Amendment; and WHEREAS, the applicant requests a Code Amendment to change the front setback for the subject property established on Setback Map No. S -9A - Irvine Terrace (formerly designated as Districting Map No. 24) from 34 feet to 19 feet; and WHEREAS, on January 20, 2011, the Planning Commission conducted a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, at the January 20, 2011, public hearing, the Planning Commission received public comments and on an affirmative motion (6 ayes, 1 absent) a recommendation to the City Council to approve the proposed Code Amendment; and WHEREAS, a public hearing was held by the Newport Beach City Council on March 8, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Municipal Code and State Law. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, the subject property is located within the Single - Family Residential (R- 1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D); and WHEREAS, the subject property is located within the coastal zone and is subject to the provisions of the Categorical Exclusion Order (CEO). The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD -A). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Setback Map No. S9 -A — Irvine Terrace shall be amended as provided in Exhibit °A ", with all other provisions of the existing Setback Map remaining unchanged. I SECTION 2: 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on March 8, 2011, and adopted on March 22, 2011, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS AT • • ATTEST: CITY CLERK APPROVED AS TO FORM: CPIAT TORN EY ZhSI `' Exhibit "A" CODE AMENDMENT NO. CA2010 -010 SETBACK MAP NO. S -SA — IRVINE TERRACE EXHIBIT - A !2 • r 5� ,019Z NO r o 620 � r tit gy47 13 11 Attachment No. CC 2 PLANNING COMMISSION RESOLUTION 1830 FOR CA2010 -010 15 I RESOLUTION NO. 1830 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT CODE AMENDMENT NO. CA2010 -010, TO REVISE SETBACK MAP NO. S -9A (IRVINE TERRACE) TO ESTABLISH A 19 -FOOT FRONT SETBACK FOR THE PROPERTY LOCATED AT 1537 SANTANELLA TERRACE (PA2010 -176) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Andrew Goetz, on behalf of the property owner Stacie Johnson, with respect to property located at 1537 Santanella Terrace, and legally described as Lot 28 of Tract 1701, requesting approval of a Code Amendment. 2. The applicant proposes a Zoning Code amendment to change a front setback established on Setback Map No. S -9A, Irvine Terrace (formerly designated as Districting Map No. 24) from 34 feet to 19 feet. 3. The subject property is located within the Single -Unit Residential (R -1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 4. The subject property is located within the coastal zone and is subject to the categorical exclusion order (CEO). The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD -A). 5. A public hearing was held on January 20, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. 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 project involves a change in front setback established on a Setback Map, which is consistent with this exemption. 2. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, 17 Planning Commission Resolution No. 1830 Pane 2 of 3 actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Johnson Residence including, but not limited to, Code Amendment No. CA2010 -010. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. SECTION 3. FINDINGS. Code amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. 2. In accordance with Section 20.94.010 of the Municipal Code, adoption of the change to the setback map to reduce the front setback from 34 feet to 19 feet, will serve the public necessity and convenience and the general welfare by providing a front setback for the subject property that is within a narrower setback range with that of the immediately adjacent properties. This setback change will afford the applicant comparable enjoyment of property rights as his neighbors, accommodate a proposed addition to the existing single family dwelling that will be beneficial to the neighborhood, and still provide a variation of front setbacks with the neighboring properties. 3. The approval of the proposed 19 -foot front setback will reduce the range of setback variation between the three abutting properties, which is compatible and consistent with the range of staggered front setbacks for other homes within the Irvine Terrace neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission hereby recommends that the City Council of the City of Newport Beach approve Code Amendment No. CA2010 -010 establishing a 19 -foot front setback at 1537 Santanella Terrace, Lot 28 Tract 1701. Tmplt: 01/14/10 16 t Planning Commission Resolution No. 1830 Paqe 3 of 3 PASSED, APPROVED AND ADOPTED THIS 20th DAY OF JANUARY, 2011. AYES: Eaton, Unsworth, McDaniel, Ameri, Toerge, and Hillgren ABSENT: Hawkins TmPlt 01/14/10 - 19 20 Attachment No. CC 3 EXCERPT OF PLANNING COMMISSION MINUTES, JANUARY 20, 2011 FOR CA2010 -010 Z� 22 CITY OF NEWPORT BEACH Planning Commission Minutes January 20, 2011 Regular Meeting— 6:30 p.m. ROLL CAL Commissioners ton, Unsworth, McDaniel, Ameri, Toerge, and Hillgren - present. Commissioner Ha ns arrived at approximately 7:00 p.m. to participate in the meeting. STAFF PRESENT: James Campbell, Acting Plann Director Patrick Alford, Planning Manager Leonie Mulvihill, Assistant City Attorn Tony Brine, City Traffic Engineer Javier "Jay" Garcia, Senior Planner ZZ Fern Nueno, Assistant Planner Marlene Burns, Administrative Assistant POSTING OF THE AGENDA: The Planning Commission Agenda was pos d on January 2011. PUBLIC COMMENTS: None REQUEST FOR CONTINU CES: None CONSENT ITEMS SUBJECT MINUTES of the regular meeting of December 9, 2010. Chair erson McDaniel recommended that this item be tabled to be discussed after the P is Hearing items had concluded, and also recommended that Hoag Hospital overed Walkway (PA2010 -148) be heard as the third item. PUBLIC HEARING ITEMS SUBJECT: Johnson Residence — (PA2010 -176) ITEM NO. 3 1537 Santanella Terrace PA2010 -176 The application consists of a code amendment to change a front setback established Approved on Setback Map No. S9A- Irvine Terrace from 34 feet to 19 feet, to accommodate a proposed addition to the existing single family dwelling. Jay Garcia, Senior Planner, gave a brief overview of the staff report with a PowerPoint presentation. The Planning Commission discussed the following: • The ability to park a car in the driveway as it related to the 19 -foot setback from the property line to the garage. • A recommendation was made that the Homeowner's Association approve the project first and then have the Planning Commission's consideration after. Page 1 of 7 D V I I 23 . NEWPORT BEACH PLANNING COMMISSION MINUTES 01120/2011 • The desire to consider changing setbacks for the tract preventing the need for individual amendment or variance applications and that this should be taken up at a later date. • If variances and amendments are granted, on a case -by -case basis it would be difficult to deny future applicants. The Commission's concerns were addressed by the staff as follows: • Mr. Garcia confirmed that there indeed is the ability park a car in the driveway. • Assistant City Attorney, Leonie Mulvihill, responded that the City, however helpful, does not have the policy or practice to require the approval of the HOA prior to the Planning Commission approval. • In response to modifying setbacks as a whole the Acting Planning Director, Mr. Campbell, replied that the City could on behalf of the Homeowner's Association; however, the City Council would have to direct staff to do so and that it likely would not be considered a high priority. The Applicant, Architect Andrew Goetz, was not present and Mr. Garcia informed the Planning Commission that the Applicant had received proper notice to appear. Public comment period was opened. Dan Purcell, Corona del Mar resident, would have liked to have seen the Applicant or someone on behalf of the HOA appear. Public comment period was dosed. Commissioner Toerge agrees with the Acting Planning Director, that the Commission cannot force the Homeowner's Association to be an applicant, nor have the City spend resources to initiate and process such an amendment, especially when the Commission is receiving one request every other year. Furthermore, he stated that it was the Commission's responsibility to look at these one at a time as requested by the Applicant. Motion made by Commissioner Toerge and seconded by Commissioner Hillgren, to adopt a resolution recommending City Council adoption of Code Amendment No. CA2010 -010 to revise Setback Map No. S9A- Irvine Terrace to establish a 19 -foot front setback at 1537 Santanella Terrace, Lot 28 of Tract 1701. Motion carried with-the following vote: Ayes: Eaton, Unsworth, McDaniel, Ameri, Toerge, and Hillgren Absent: Hawkins JECT: F &M Bank Parking Waiver — (PA2010 -141) ITEM 21 East Coast Highway 010 -141 The applicant is applying conditional use permit requesting a pater mg-' aiver of Approved seven (7) spaces to allow the ad i approximately 450 s are feet of gross floor area to an existing 3,505 - square -foot building. Nueno, Assistant Planner, gav rief overview staff report with a erPoint presentation. LFern mission ins arrived after the staff presentation. r discussion, the Commission identified and presented some general comments Page 2 of 7 24 Attachment No. CC 4 PLANNING COMMISSION STAFF REPORT AND ATTACHMENTS, dated January 20, 2011 FOR CA2010 -010 25 ZG CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT January 20, 2011 Hearing Agenda Item 3 SUBJECT: Johnson Residence - (PA2010 -176) 1537 Santanella Terrace • Code Amendment No. CA2010 -010 APPLICANT: Andrew Goetz; Architect PLANNER: Javier S. Garcia AICP, Senior Planner (949) 644 -3233, jgarcia @newportbeachca.gov PROJECT SUMMARY The application consists of a code amendment to change a front setback established on Setback Map No. S9A- Irvine Terrace from 34 feet to 19 feet, to accommodate a proposed addition to the existing single family dwelling. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. recommending City Council adoption of Code Amendment No. CA2010 -010 (Attachment No. PC2) to revise Setback Map No. S9A- Irvine Terrace (Attachment PC3) to establish a 19 -foot front setback at 1537 Santanella Terrace, Lot 28 of Tract 1701. 277 28 Johnson Code Amendment March 08, 2011 Page 2 VICINITY MAP Project Location NNE- GENERALPLAN + ZONING I I ) I I I !ee ff If )) ♦) 11 ! � ♦ P ) I f � roa I 11 f Project J I Prailed 11 f f f f Location w I) 11 �� Location Re � j 1 f f f fw J,f w 1 1 �� � ♦� w / •• f f I 'e + I w 'I / w I' e +� f f I ♦ ♦ • ,�f f I ,� ON -SITE Single -Unit Residential Single -Unit Residential (R -1) Detached RS -D Single -unit residential detached NORTH RS -D R -1 Single-unit residential detached SOUTH RS -D R -1 Sin le -unit residential detached EAST RS -D R -1 Single-unit residential detached WEST RS -D R -1 Single -unit residential detached 3 MEN Johnson Residence January 20, 2010 Page 3 INTRODUCTION Project Setting The subject property is located in the Irvine Terrace neighborhood on the southerly side of Santanella Terrace between Patolita Drive and Ramona Drive. The topography in the Irvine Terrace neighborhood slopes downward from East Coast Highway to Bayside Drive. Proiect Description The current 34 -foot front setback requirement for the subject property is established on Setback Map S9A- Irvine Terrace (Attachment No. PC 3, formerly Districting Map No. 24). Minimum required front setbacks range from between 5 feet to 35 feet on Santanella Terrace. The applicant's request is to reduce the front setback to 19 feet. Refer to Attachment No. PC 7 for the project plans of the proposed residential addition. Homeowner's Association approval has been deferred until the City takes action on the proposed code amendment (Attachment No. PC 8). Background Irvine Terrace was one of the City's early residential subdivisions and planned communities annexed in the 1950's. A staggered setback concept was approved with the original tract maps of Irvine Terrace (specifically Tracts 1700 and 1701) in an agreement between the Planning Commission and the Irvine Company, as a part of the Irvine Terrace Annexation in May of 1953. A condition of approval required that Variances would be needed to establish setbacks at a later date and were subsequently added on to Districting Map No. 24 (DM 24). The existing front setbacks specified on DM 24 were carried forward directly onto the current Setback Map S9A- Irvine Terrace as a part of the Zoning Code Update, which became effective on November 26, 2010, and were not changed or altered. Between 1953 and 1954, inclusive, the City Council approved several variances, which altered setbacks for several and various properties at a time, to stagger the front setbacks within the Irvine Terrace Community. The findings for the approval state that the staggered setbacks were consistent with the existing development under construction and offered an "architecturally practical" and "interesting tract layout." Subsequently, the City approved numerous modification permits in Irvine Terrace to allow a portion of buildings to encroach into the required front setbacks, including six on Santanella Terrace prior to 2001, three after 2001; and several others throughout the Irvine Terrace neighborhood. However, it should be noted that those approvals for setback encroachments only apply to the individual projects as presented, and do not 31 0 Johnson Residence January 20, 2010 Page 4 permanently change the setback requirement as does a Code Amendment to the Setback Map. Modification Permit No. 4440 was approved in 1996, for the neighboring property to the west at 1531 Santanella Terrace, to allow a front setback of 7 feet, 6 inches (the building addition to encroach 14 feet 6 inches and the garage to encroach 8 feet into the required 22 -foot front setback). A copy of that approval and related plans is attached for the Commission's information (Attachment No. PC 4). More recently on July 6, 2010, the City Council adopted Ordinance 2010 -11 to amend the Districting Map No. 24 to change the front setback from 38 feet to 16 feet, Code Amendment CA2010 -002, for the property located at 1500 Serenade Terrace. The minutes of the City Council and Planning Commission actions are attached (Attachment No. PC 5). Analysis Irvine Terrace was once characterized by the variation in front setbacks that exist between adjacent properties. Modification permit approvals changed the visual character of Santanella Terrace and the Irvine Terrace neighborhood by allowing the garages to encroach into the front setbacks; the habitable portions of the dwelling remained farther from the street. This started a new trend whereby the setback variation is provided on a single lot rather than between two adjoining lots. Refer to Attachment No. PC 6 for subject property front view and aerial photos. This trend is reflected in the plans for the proposed addition to the subject property submitted by the Applicant (Attachment PC 7). In 2004, the Zoning Code was amended and a "practical difficulty associated with the lot" finding was introduced for modification permits. This finding cannot be made for the subject property, or for most Irvine Terrace lots, as there are no development constraints on the property that would preclude development within the buildable area. Development constraints are typically associated with unusual topography or lot configuration (lot shape). Such development constraints do not exist on the subject property, therefore, there would be no basis to support the necessary findings for the subject property. Therefore, the applicant has applied for the Code Amendment to change the front setback for this property on the setback map. The subject street is comprised of a total of 40 properties with front setbacks that range between 5 and 35 feet. The subject property has a 34 -foot front setback, which is one of two properties with setbacks greater than 30 feet on Santanella Terrace. The required front setbacks on the adjacent properties are 22 feet (1531 Santanella Terrace) and 5 feet (1543 Santanella Terrace), westerly and easterly of the subject property, respectively. The approval of the proposed 19 -foot front setback for the subject property would reduce the range of setback variations between the three abutting properties; �Z Johnson Residence January 20, 2010 , Page 5 however, visually, the setback variations of single -story structures are more apparent when they are a closer to the street, refer to the attached aerial that depicts the existing setbacks, garage orientation and the proposed subject property setback change (Attachment No. PC 8). The Planning Commission should determine whether or not the visual character of the streetscape, as originally defined by variation in front setbacks, warrants retention of the current 34 -foot front setback for the subject property (1324 Santanella Terrace also has a front setback greater than 30 feet, 35 feet required). Staff is of the opinion that the proposed 19 -foot front setback is consistent with the visual character of the neighborhood, provides adequate setback variation between the adjacent properties, and therefore is consistent with the intent of the original setback requirements. Zoning Code Development Standards The effect of the proposed Code Amendment to the Zoning District Development Standards on the subject property will allow the building and fences /walls higher than 42 inches tall to be constructed closer to the street, will increase the buildable area of the property, and thereby allow for a larger building footprint and overall building floor area. This application was submitted prior to the effective date of the updated Zoning Code and is subject to review under the former Zoning Code. It should be noted that pursuant to Section 20.66.040.6 of the former Zoning Code, "parking or storage of vehicles in required front yards shall be prohibited, except on driveways in front of garages that are set back a minimum of 19 feet from the front property line." This requirement is intended to keep parked vehicles from encroaching into public rights -of -way (public sidewalks). The updated Zoning Code that went into effect on November 26, 2010, Section 20.42.090.C.3a, would require a minimum of 20 feet from the front property line. Staff is satisfied that the proposed setback change to provide the minimum 19 feet from the front property line and allow for the parking of vehicles in front of the new garage is adequate in this case. Findings In accordance with Chapter 20.94 Amendments, Section 20.94.010 Method of Amendment, of the Municipal Code, the Zoning Code "may be amended by changing the boundaries of districts or by changing any other provision thereof, whenever the public necessity and convenience and the general welfare requires such amendment by following the procedure of the chapter." The Setback Map S9A — Irvine Terrace is a codified section of Title 20, the Zoning Code and may be amended in accordance with Chapter 20.94. Staff is of the opinion that in this particular case, the adoption of the amendment to the setback map to reduce the front setback from 34 feet to 19.feet, will serve the public necessity and convenience and the general welfare by providing a front setback for the 33 Johnson Residence January 20, 2010 Page 6 subject property that is within a narrower setback range with that of the immediately adjacent properties. This setback change will afford the applicant comparable enjoyment of property rights as his neighbors, accommodate a proposed addition to the existing single family dwelling that will be beneficial to the neighborhood, and still provide a variation of front setbacks with the neighboring properties. The approval of the proposed 19 -foot front setback will reduce the range of setback variation between the three abutting properties, which is compatible and consistent with the range of staggered front setbacks for other homes within the Irvine Terrace neighborhood. 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 project involves a change in front setback established on a Setback Map, which is consistent with this exemption. Public Notice Notice of.this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property, and posted at the site a minimum of ten days in advance of this hearing, consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Javiqf S. Gaida AICP, Senior Planner Submitted by: atrick J. (ford, lannmg Manager ATTACHMENTS PC 1 Applicant's Letter of Justification PC 2 Draft Resolution PC 3 Setback Map S9 -A- Irvine Terrace PC 4 Modification Permit No. 4440, 1531 Santanella Terrace PC 5 Excerpt of City Council and Planning Commission Minutes PC 6 Photo of Subject Property and Aerial Photo PC 7 Aerial Photo — Setbacks, Building and Garage Exhibit PC 8 Project Plans PC 9 Homeowner's Association Letter P:\ Users \PLN\ Shared\ PA' s\ PAs - 2010\PA2010- 176 \CA2010 -010 PC tpt 01 -20 -I I.docx 3+ 0 Attachment No. PC 1 APPLICANT'S LETTER OF JUSTIFICATION FOR CA2010 -010 35 9 i JOHNSON RESIDENCE 1537 Santanella Terrace PROJECT DESCRIPTION AND JUSTIFICATION: Proiect Settin During the scope of a minor room addition (Permit No. 2665 - 2010), the Owner was advised that the front -yard setback on their subject property was 34 -feet. A subsequent discussion determined that to meet the needs of their growing family, additional area was required that could not be achieved in any other practical location on the subject property without complete demolition. The subject property is located in the Irvine Terrace neighborhood, which is bounded by East Coast Highway, Jamboree Road, Bayside Drive and Avocado Avenue. Specifically, the project site is located on the westerly side of Santanella Terrace between Bonnie Doone and Serenade Terrace. The topography in the Irvine Terrace neighborhood slopes downward from East Coast Highway to Bayside Drive, Proiect Description The current 34 -foot front -yard setback requirement for the subject property is established on Districting Map No. 24. Minimum front -yard setbacks range from 8 feet to 39 feet on Santanella Terrace. The applicant's request is that a new, 19 -foot front - yard setback be established. The Homeowner's Association has been advised of the request and, in this case, under their letterhead, they have deferred their approval to the City of Newport Beach Planning Department. Background Irvine Terrace was one of the City's first subdivisions and planned communities. A staggered setback concept was approved with the original tract map in an agreement between the City and Irvine Company. A condition of approval required that variances would be needed to establish setbacks at a later date and be reflected on Districting Map No. 24. In 1953 and 1954, the City Council approved several variances to stagger the front -yard setbacks in Irvine Terrace. The findings for the approval state that the staggered setbacks were consistent with the existing development under construction and offered an "architecturally practical" and "interesting tract layout." In subsequent years, the City approved numerous modification permits in Irvine Terrace to allow buildings to encroach into the required front -yard setbacks, including nine on Serenade Terrace and a few others throughout the Irvine Terrace neighborhood. PA2010.176 for CA2010-010 3 1537 Santanella Terrace Andrew Goetz Architect Johnson Residence Page Two DISCUSSION: Analysis Neighborhood Character Irvine Terrace was once characterized by the extreme variation in front -yard setbacks. Modification - permit approvals changed the visual character of Santanella Terrace by allowing the garages to encroach into the front -yard setbacks; the habitable portions of the dwelling remained farther from the street. This started a new trend whereby the setback variation is provided on a single lot rather than between each two adjoining lots. Prior to 2004, property owners in Irvine Terrace were granted modification permits allowing encroachment in front -yard setbacks In 2004, a "practical difficulty associated with the lot" finding was introduced for modification permits. This finding cannot be made for the subject property, or for most Irvine Terrace lots, as there are not any development constraints on the property that would preclude development within the buildable area. The only option available is a code amendment to change front -yard setback for this property on the districting map. The subject property has a 34 -foot front -yard setback, which is one of the largest on the street. The front -yard setbacks on the adjacent properties are 5 feet and 7 feet. The approval of the proposed 19 -foot front -yard setback would reduce the extreme setback variations between properties. In addition, this 19 -feet would allow for a car to be parked in front of the garage within the confines of the subject property. Submitted by: Andrew Goetz, Architect 36 Attachment No. PC 2 RESOLUTION FOR CA2010 -010 140 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT CODE AMENDMENT NO. CA2010 -010, TO REVISE SETBACK MAP NO. S -9A (IRVINE TERRACE) TO ESTABLISH A 19 -FOOT FRONT SETBACK FOR THE PROPERTY LOCATED AT 1537 SANTANELLA TERRACE (PA2010 -176) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Andrew Goetz, on behalf of the property owner Stacie Johnson, with respect to property located at 1537 Santanella Terrace, and legally described as Lot 28 of Tract 1701, requesting approval of a Code Amendment. 2. The applicant proposes a Zoning Code amendment to change a front setback established on Setback Map No. S -9A, Irvine Terrace (formerly designated as Districting Map No. 24) from 34 feet to 19 feet. 3. The subject property is located within the Single -Unit Residential (R -1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 4. The subject property is located within the coastal zone and is subject to the categorical exclusion order (CEO). The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD -A). 5. A public hearing was held on January 20, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. 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 project involves a change in front setback established on a Setback Map, which is consistent with this exemption. 2. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, 4 15 Planning Commission Resolution No. 2of3 actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Johnson Residence including, but not limited to, Code Amendment No. CA2010 -010. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. SECTION 3. FINDINGS. 1. Code amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. 2. In accordance with Section 20.94.010 of the Municipal Code, adoption of the change to the setback map to reduce the front setback from 34 feet to 19 feet, will serve the public necessity and convenience and the general welfare by providing a front setback for the subject property that is within a narrower setback range with that of the immediately adjacent properties. This setback change will afford the applicant comparable enjoyment of property rights as his neighbors, accommodate a proposed addition to the existing single family dwelling that will be beneficial to the neighborhood, and still provide a variation of front setbacks with the neighboring properties. 3. The approval of the proposed 19 -foot front setback will reduce the range of setback variation between the three abutting properties, which is compatible and consistent with the range of staggered front setbacks for other homes within the Irvine Terrace neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission hereby recommends that the City Council of the City of Newport Beach approve Code Amendment No. CA2010 -010 establishing a 19 -foot front setback at 1537 Santanella Terrace, Lot 28 Tract 1701. 42 Tmplt: 01 /14/10 4 Planning Commission Resolution No. 3 of 3 PASSED, APPROVED AND ADOPTED THIS 20u' DAY OF JANUARY, 2011. AYES: NOES: M Earl McDaniel, Chairman BY: Michael Toerge, Secretary +3 Tmplt: 01 /14110 q.' Attachment No. PC 3 SETBACK MAP S9 -A - IRVINE TERRACE 4�5 I� wo m Pa 9Q N CJ 333 311 i 309 ° 307 w a 160 424 203 N O 0 He Hey 9L / o 90 n 0 s� I `... �jv- :A41:I�� �.-- -'i5-7 'ir-.A,..I iau7 �� *� 1912 Q C� G 'a) VJ W cu L mmi FM N 1 t7 V w im Attachment No. PC 4 MODIFICATION PERMIT NO. 4440 1531 SANTANELLA TERRACE 23 sa F7 u rn .-A CITY OF NEWPORT BEACH t'r ) fit \ Gf,..NI- '.t'1', `.R I I+i 4r la I !:' +: n7 PLANNING DITARTNIL•NT(44 -3200 May 16, 1996 Application, Modification No 4440 Applicant. Joseph and Deborah 6uhva Address of Property Involved 1 531 Sawanclla Terr,mcw Legal Description [.of 27,'I'ract 1701 Modification IWItiested Request to permit the construction of additions to a single huffily dwelling which will encroach to within 7 fart and 6 inches of the front property line, where a 22 foot front yard setback is rquired -I'hc Modifications Commillee on, NTary 14,1996, unanimously alpl)reved the application subject to file following conditions 1. That development shall be insubstantial cunfonnalce Willi file approved plot plan, floor plans and elevations, except as noted in (fie lbilowing Condition No 2 2. That the pro;)o.%W easterly addition shall maintain a minin)nn front yard setback of 12 feel from the property line and that tine westerly addition shall maintain a minimum front yard setback of 14 feet front the property line The Mudifiadions C'onunilI e delennincXl in this case ilia( the proposal would and be deltintennd to parsons, properly or improvemen(s in file neighhothoml will that fire modifiattion as approved would he consistent with file legislative intent of I isle 20 of arc Ncwport Beach Municipal Code, and made the following findings I That the do)velopmenf, as epprowd, gill nol he dcuinarnlal to the vrurenuding:uca or incrcaSe am detrimental cllect ofthc existing use -2 -- 'that this project has Deco reviewed, and it has been determined (had it is categorically exenq)t firm the requirenxmts ol'Ihc Cwlilbrnra Fimionincntal Quality Act under Class I (jimsting pacifities) and Class i (Milli rWuauons in I.and ('.Sc Lifullatiuns) 3. That file front yard setbacks, its apptoved, ate consish•nl Willi the slaggcroxl setbacks as required by the City along Santa fella Terrace 3300 Newport Boulevard, Newport Reach 51 2.5" F7 L . May 22, 1996 Page 2 O 4. That the Modifications Committee detennincd that in this case, the front setbacks as proposed would be dc:rimental to persons, property and improvemc:ns in the neighborhood, and that the applicant's request would not be consistent with the legislative intent of Title 20 of the Newport beach Municipal Code. 5. 'That structures on sites adjoining the subject property generally maintain a minimum of a 10 fix)( front yard setback. NOTE: This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.81 WO of the Newport Beach Municipal Code. The decision of the Committee nmy be appear to the planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of $876, 09. No building permits may be issued until the appeal period has expired MODIFICATIONS C'OMMI'TTEE By 1 ._S2 Dana Astami Associate Planner DA:gv Appeared in Support: Two neighboring property owners Appeared in Opposition Two neighboring property owners 52 Z( I � Ili (51 � W NSW rip W50 WOO US v. I VK, mme�,." A W Em • i All � H 1 F ! V 7 10 i�it;�: 1�.1 Ul 41 �- 115° 1 Gj I 'OIL Attachment No. PC 5 Excerpt of City Council and Planning Commission Minutes for CA2010 -002 ET7:�_: 31 I ) a� q r« NEWPORT BEACH PLANNING COMMISSION MINUTES 05/20/2010 „ScR CTf the regular meeting of April 22, 2010. ITEM O:-°P " Motion was made 6ammissioner Hillgren, seconded by Co loner Continued to Unsworth, to amend the April 22, 20- minutes and continuef June 3, 2010. June 3, 2010 Motion carried with the followin te: Ayes: aton;"Unsworth, Peotter, Hawkins, Toerge, and Hillgren __Abs:ta1Cecl:j McDaniel PUBLIC HEARING ITEMS SUBJECT: D'Ambrosia Residence (PA2010 -017) ITEM NO. 2 1500 SerenadeTerrace PA2010 -017 Continued A code amendment to change the front -yard setback established on from April 22, Districting Map No. 24 from 38 feet to 16 feet. 2010 Russell Bunim, Assistant Planner, presented the staff report with a slide show Approved presentation. Public comment was opened. Matt D'Ambrosia, applicant and owner, presented slide show and made comments. Comments in support were given by the following: • Mark Teale, architect • Joseph A. Solvoso Il, resident on Serenade Terrace and President of Irvine Terrace Community Association Public comment was closed. Motion made by Commissioner Toerge, seconded by Commissioner Hillgren, to adopt a resolution recommending City Council adoption of Code Amendment No. CA2010 -002 to revise Districting Map No. 24 to establish a 16 -foot front -yard setback at 1500 Serenade Terrace. Motion carried with the following vote: Ayes: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren Noes: None Page 2 of 5 S-T 33 City of Newport Beach City Council Minutes July 6,2010 Resolution No. 2010 -76- Calling and Giving Notice of the Holding of a Municipal Election on Tuesday, November 2, 2010 for the Submission of Charter Amendments and Ordinance Repeal; b) adopt Resolution No. Requesting the Board of Supervisors of the County of Orange to Consolidate General Municipal Election to be Held on Tuesday, November 2, 2010, with Statewide neral Election to be Held on the Same Date Pursua/Calif ri Elections Code Se '0p 10403; c) adopt Resolution No. 2010 -78- Adoptin, or Candidates for Elective Office Pertaining to Candidates Statements the Voters at an Election to 'bo,Held on Tuesday, November 2, 2010; d) ution No. 2010.79 - Setting Prioriaog,for Filing Written Arguments Regardiures and Directing the City Attorney to Prepare an Impartial Analysis; a esolution No. 2010- 80- Providing for the of Rebuttal Arguments f, e One City Measure Submitted to Voters at the General umcipal Election to b,`field on Tuesday, November 2, 2010 Pursuant to California Elec Code Section,9$86. The motion carried by the following 11 Aft vote: Ayes: Council Member Selich,uncil ember Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council tuber Webb, until Member Gardner Absent: Council Member D ' e XH. C-QNSENT CALENDAR A. READ N -"1 E N AN OLUTIO 1. MI TES OF THE ADJOURNED REGULAR EETING AND , RTGULAR MEETING OF JUNE 22, 2010. [100 -8010) ve reading of 2Xsubject minutes, approve as written, and order filed. READING OF ORDINANCES AND RESOLUTIONS. Waive reading full of all ordinances and resolutions under consideration, and direct City Clerk read by title only. B. �O�RDINANCES FOR ADOPTION CODE AMENDMENT TO ALLOW THE CHANGE OF A FRONT -YARD SETBACK ESTABLISHED ON DISTRICTING MAP NO. 24 FROM 38 FEET TO 16 FEET (PA2010 -017). [100 -80101 Adopt Ordinance No. 2010 -11 approving Code Amendment No. CA2010 -002. 4. DIAGNOSTIC AND INTERVENTIONAL SPINAL CARE (Dj- : -) C. A2010 -062) - 3801 JAMBOREE ROAD AND 801 BAYVI CLE - PLANbqD COMMUNITY AMENDMENT NO. V 0-04 AND TRAFFI Y NO. TS2010 -002 - ADDING OYM=NT SURGERY AND MEAIC ICE AS PERMI=-=ET ES, ADDING PARKING REQUIREMENT OF -1120,0 SQUAR OR SUCH US ES, AND FINDING THAT THE T Y COMPLIES WITH THE TRAFFIC PHASING OR CL: 4 0 -80101 Adopt Ordinance No. 2010- 12 approving Plann mmunity Amendme o. PD2010.004. APi+ROM gbj�t TION9 —AD OPTING- MEASf)R'AI IDUM —t)� UNDERSTANDING WITH THE POLICE ASSOCIATION (PA), POLME Volume 59 - Page 529 v City of Newport Beach City Council Minutes July 6, 2010 XV. Rsga Item 5 (Memorandum of Understanding with the Police Ass 'ationr- Police Management Assoaa oit�-nd--As_sociation of Now Aet Beac cean Lifeguards), Mayor Curry stated that Police sta bavc- m- ad�gn- scan —t mnt�butions_,io their pension costa and -- expreased a; reds ion or their efforts to maintain service levels. Motion by Mayor Pro Tem Henn seconded by Council Membox Webb to approve the Consent Calendar, and noting the correction to Item 13. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner Absent: Council Member Daigle ITEMS REMOVED FROM THE CONSENT CALENDAR - None ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES j Member Webb corrected a Daily Pilot article by clarifying that his Beach are also done with his wife, not alone. , Matthew Tbcmas urged Council to adopt an to attend Respo 'ble Beverage Serving (RBS) training. Mayor Pro Tem He noted that RBS training has been ri YAff stated that he will provide a report to Council regarding around restaurants the City. City Manager ine at a later date. Laura Dietz, Sunrise Rota Club, invited residents to attepd the Second Annual Lobster Feat on August 1, 2010 at the New rt Beach Waterfront Rea and encouraged residents to visit their website at www.lobeterfe tatnewportbeach.com or call (949) 721 -8035 for more information. XVII. CURRENT BUSINESS 12. NEXTG TELECOM PERMITS A DISTRIBUTED ANTENNA SYSTEM WITHIN THE.PUBLIC RIGHT -O A.Y. 16VI00 -20101 Associate Planner Brown provi the histo of NextG Telecom, showed a map and photos depicting the proposed the locations are subject first five applications se ordinances, and it znfo proposed installation of ante locations. She note that the Commission. In response. Council Member Rosanaky's question, Council Memb Webb explained that when a power lines are placed underground, the existing ante will need to be move a streetlight or other existing location, and all of the other eq ' pment will tions, discuss applicable ordinances, indicated that eview by Council, mended that Council deny the the new monopoles not consistent with current City rmation relative to staffs commendation to approve the nnas at the Marcus Avon and Santa Ana Avenue permits will require ap al from the Coastal Chiu, Plancom Incorporated, thanked staff for the time spent on provided information about the services that NextG offers, .expressed Volume 59 - Page 581 6' 1 35 City of Newport Beach City Council Minutes June 22, 2010 Marine Avenue Business.Improvement District (BID) confirming the levy of the D assessment for the 2010 -2011 fiscal year, unless during the Public Hearing the Co neil received protests representing 50 percent or more of the total assessment amou \ The motion carried by the following roll call vote: / A es: Council Member Selich, Council Member Rosanaky, Mayor Pro TpSn Henn, Mayor Curry, Council Member Webb, .Council Member Gardner, Con. il Member Daigle 21. COR A DEL MAR BUSINESS IMPROVEMENT DISTRI (BID) RENEWAL: CONDU PUBLIC HEARING AND ADOPT RESO TION CONFIRMING THE LE OF ASSESSMENT FOR THE RENEW OF THE BUSINESS IMPROVE DISTRICT FOR FISCAL YEAR 20 -2011. [100 -20101 Motion b Co 1 Member Rosansky. seconds b Council Member W-11h W-11 to Conduct public hearr and b) adopt Resolution o. 2010 -68 confirming the levy of assessment for the rene , al of the Corona del M Business Improvement District (BID) confirming the levy of the ID assessment fo he 2010 -2011 fiscal year, unless during the Public Hearing the Coun it received pro sts representing 50 percent or more of the total assessment amount. The motion carried by the followingfY call vote: Ayes: Council Member Selich, Co cil M ber Rosansky, Mayor Pro Tem Henn, Mayor n Curry, Council Member ebb, Coun Member Gardner, Council Member Daigle y „+ w 22. NEWPORT BEACH // / RESTAURAN ASSOCIATION BUSINESS IMPROVEMENT DIS RICT (BID) RENEW CONDUCT PUBLIC HEARING AND ADOPT RESO TION CONFIRMING T + LEVY OF ASSESSMENT FOR .'o THE RENEWAL 9 THE•BUSINESS IMPROVE NT DISTRICT FOR FISCAL YEAR 2010-2011/[100-20101 . w Motion b a or Pro Tom Henn second b Counci er Webb to adopt Resolution o. 2010.69 confirming the levy of assessment the renewal of the Restaur t Association Business Improvement District (BID) ing the levy of the BID sessment for the 2010 -2011 fiscal year, unless during the lie Hearing the Co cil received protests representing 50 percent or more of the assessment / The motion carried by the following roll call vote: \ / Ayes: Council Member Selich; Council Member Rosansky, Mayor Pro Tem. Henn, Curry, Council Member Webb, Council Member Gardner, Council Member. 28. - CODE AMENDMENT TO ALLOW THE CHANGE OF A FRONT YARD SETBACK ESTABLISHED ON DISTRICTING MAP NO. 24 FROM 88 FEET TO 16 FEET (PA2010 -017). [100 -20101 Mayor Curry opened the public hearing. for the Code Amendment. Hearing no further testimony, Mayor Curry closed the public hearing. Volume 59 - Page 518 L, b.Z City of Newport Beach City Council Minutes June 22, 2010 Motion by Council Member_Webb seconded by Council Member Rosansky to introduce Ordinance No.. 2010.11 approving Code Amendment No. CA2010 -002, and pass to second reading on July 6, 2010. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle DIAGNOSTIC AND INTERVENTIONAL SPINAL CARE (D.I.S.C.) (PA2010 -062)! 3501 JAMBOREE ROAD AND 301 BAYVIEW CIRCLE = PLANNEb COMMUNITY AMENDMENT NO. PD2010 -004 AND TRAFFIC STUDY /NO. 52010 -002 - ADDING OUTPATIENT SURGERY AND MEDICAL OFF�E AS PERMITTED USES, ADDING PARKING REQUIREMENT OF 11200 6QUARE FE13T FOR SUCH USES, .AND. FINDING THAT THE TRAFF�C STUDY COMP3,IES WITH THE TRAFFIC PHASING ORDINANCE. [1001 Zll Assisi ant \}Tl�nner Whelan reported that the traffic study concluded at the project will not create a siF ficant impact at the study intersections and std recommended that Council introduce the Ordinance finding that the traffic study 5 6mplies with the Traffic Phasing Ordinance , In response to Council`Member Gardner's question, AJssistant Planner Whelan stated that the Braykob's residesrthe Bayview Planned Co munity. Council Member Daigle noted at the Planning 'ommission recommended approval of the project, stated that the 'building is 7./ vacant which is a greateconomic development opportunity, and ex�essed appreciation for SK Hart's willingness to invest in the City. � j Motion by Council Member Daiele seconded by Council Member Webb to a) introduce Ordinance No. 2010- 12/approving P Planned Community Amendment No. PD2010 -004, and pass to seconVeading on Judv 6, 1020; and b) adopt Resolution No. 2010 -70 finding that the traffi 'study complies wi ' Nneitheause the Traffic Phasing Ordinance, and based on the weight of th evidence in the adm' cord, including Traffic Study No. T82010 -0021 a construction of the Pe completed within 60 months of the project pproval, the Project will nor make worse an unsatisfactory level f traffic service at any impy intersection, and no improvements or tigations are necessary The motion carried by the following roll call vote: Ayes: Co cil Member Seliich, Council Member Rosansky, Mayor Pro T Henn, Mayor C ry, Council Member Webb, Council Member Gardner, Council her Daigle S26. 4 G MEMORIAL HOSPITAL PRESBYTERIAN - DEVEL MENT REEMENT ANNUAL COMPLIANCE REVIEW (C-2912).[38/100-20101 Motion by Council Member Rosansky seconded by Council Member Webb . The motion carried by the following roll call vote: Volume 59 - Page 519 �L✓ 37 Attachment No. PC -6 PHOTO OF FRONT OF 1327 SANTANELLA TERRACE FOR CA2010 -010 3q roolmolo 1300 Santanella Terrace - Google Maps Google maps Address 4WO-Santanella Terrace PHOTO OF 4327SANTANELLA TERRACE tri 37 http: / /maps.google.com /maps ?ie= UTF8 &11 =33. 609348 , - 117.883215 &spn=0,0.019205 &t.. Page I of 1 64C. �i 01/05/2011 1537 Santanella Terrace - Code Amendment No. CA2010 -01� fi 1531 Santanella Terrace - Modification Permit No 4440 PHOTO- 1537 SANTANELLA TERRACE AERIAL PHOTO- 1537 Santanella Terrace (Code Amendment No. 2010 -010) & j1500 Serenade Terrace (Code Amendment No. 2010 -002) rn Attachment No. PC 7 AERIAL PHOTO- SETBACKS, BUILDING AND GARAGE EXHIBIT FOR CA2010 -010 MAN 0 ON I i AERIAL PHOTO- SETBACKS, BUILDING AND GARAGE EXHIBIT: ❑° Denotes Direct Access Garage F71 Denotes Side Access Garage Denotes Setback Line Denotes Modification Setback Line Denotes Proposed Setback Line 64-j- Attachment No. PC 8 PROJECT PLANS 1537 SANTANELLA TERRACE FOR CA2010 -010 5 —1 1 Fnc mm U° NAYfLA 4PA, 0. LO .. OF . POP O N .! SN R6 WA fU1MP iW]x AE29.uB ME NI@AF °SW I pV°E FlYISN OP.WE ' WLy� _ T-. ® wX V GRX ASN I AKFPF PWihR ro N t WROWLS W/ 12' NRE WN AWV. 6 . PEE- o -DPNx m w Ir 50. - Pu °NMI. 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IA' Wi SMkP Ai gRSMN O°OP U1E4YCV! �aM.v� 0.L.wA ill � IIVmCV2 APG O iw Mw Y u1RfE �?pA0. � &R WpR mm. �t /M: m PMMxD pueM Pu u mX"oraPOIRn Sro.Lc°..Iw.IXNI ^ amWWo aAa m MAN.0I Nk v F�ik°tlWl[R M�EI� Am �FY [pM�.l. Axf4CEL 1¢ ° YVM CMIIR NMN MEI °Rw}R xi wv NN XM RNL6 wLL R[RXE SmKAR NAM Ot01/PW NEWPORT BEACH REQUIREMENTS A -I KEY NOTES o 3 e 1e y S_ m i FLOOR PLAN 3467 SO. FT. LIVING AREA - - - 484 SO. FT. GARAGE AREA 'S0®LI ',OESCNPIION NFCIt I NONBE1i I (ft D) APPLIANCE SCHEDULE �5I as a w Q 0 A E y�� S 3� &a m Q W z Z LLE 6 A -2 4 v 19 67 , w IrmM ftWCaWY.we� . a.W.W,tmmw.- a.•�`r'tWa. wus "�'9�yM1ep.4Ypxi Wont �Y 1C I 9rvY�_tl Enmx wlR ad /f��.4�1.6 maNW ® tY[®AnY [m M9mas /wVlf W ff V.x ut mlR. IY YLO ypgII�4v�w� Yt�Wlm�/fvf9fn�b� a�� IPMQFfMfW OAFS f/Y wef tY Gf IPUwY f>4 Ln va[I � /vut FLOOR PLAN NOTES 'S0®LI ',OESCNPIION NFCIt I NONBE1i I (ft D) APPLIANCE SCHEDULE �5I as a w Q 0 A E y�� S 3� &a m Q W z Z LLE 6 A -2 4 v 19 67 , G8 70 Attachment No. PC 9 H.O.A. LETTER FOR CA2010 -010 ,7 57 `72 Wednesday, November 17, 2010 STACIE JOHNSON 1531 SANTANELLA Tor CORONA DEL K R CA 92625 RE,- ARC REQUEST Dear STACIE 7OTTNSON ASSOCIATION' ,range County y9 i 1) Provide.the approval of variance from the City ofNewport Heath, as proposed addition;is inside the 34' -0" :setback as set by the City for this lot: Sincmiy Architectural Corun ttee Irvine Terrace Coutrut ntyAssociation PA2010 -176 for CA2010 -010 1537 Santanella Terrace Andmw Goetz Architect 73 -�1 <� �� NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, March 8, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Johnson Code Amendment - A code amendment to change the front setback on Setback Map S -9A- Irvine Terrace from 34 feet to 19 feet for the property located at 1537 Santanella Terrace, and legally described as Lot 28 of Tract 1701. The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Wednesday prior to the hearing. For more information please call 949 -844 -3204. For questions regarding details of the project please contact Javier S. Garcia AICP, Senior Planner, at (949) 644 -3233, jgarcia @newportbeachca.gov. Project File No.: PA2010 -176 Zone: R -1 (Single - Family Residential) Location: 1537 Santanella Terrace Tmplt: 11/23109 Activity No.: CA2010 -010 General Plan: RS -D (Single -Unit Residential Detached) Applicant: Andrew Goetz, Architect j — ' aWn rown, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, March 8, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Johnson Code Amendment - A code amendment to change the front setback on Setback Map S -9A- Irvine Terrace from 34 feet to 19 feet for the property located at 1537 Santanella Terrace, and legally described as Lot 28 of Tract 1701. The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Wednesday prior to the hearing. For more information please call 949 - 644 -3204. For questions regarding, details of the project please contact Javier S. Garcia AICP, Senior Planner, at (949) 644 -3233, jgarcia @newportbeachca.gov. Project File No.: PA2010 -176 Activity No.: CA2010 -010 Zone: R -1 (Single - Family Residential) General Plan: RS -D (Single -Unit Residential Detached) Location: 1537 Santanella Terrace Applicant: Andrew Goetz, Architect Ceilani 1. Brown City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, March 8, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Johnson Code Amendment - A code amendment to change the front setback on Setback Map S -9A- Irvine Terrace from 34 feet to 19 feet for the property located at 1537 Santanella Terrace, and legally described as Lot 28 of Tract 1701. The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Wednesday prior to the hearing. For more information please call 949- 644 -3204. I For questions regarding details of the project please contact Javier S. Garcia AICP, Senior Planner, at (949) 644 -3233, jgarcia @newportbeachca.gov. Project File No.: PA2010 -176 Zone: R -1 (Single - Family Residential) Activity No.: CA2010 -010 General Plan: RS -D (Single -Unit Residential Detached) Location: 1537 Santanella Terrace Applicant: Andrew Goetz, Architect J' e City Clerk City of Newport Beach mil PROOF OF PUBLICATION STATE OF CALIFORNIA) NOW OFPUBIICHEAM ) SSe NOTICE IS HEREBY GIV- EN that on Tuesday, March 8, 2011, at 9:00 COUNTY OF ORANGE) will b a conducted hearing ix. be conducted ea the City Council Chambers (Building A) at 3300 Newport Boulevard, I am a citizen of the United States and a Council ofe the City Of resident of the County aforesaid; I am Newport Beach wilt con - side, the foilowing appli- over the age of eighteen years, and not cation: J a h n s a a C o d e a party to or interested in the notice Amendareat - A Gods amendment to change published. I am a principal clerk of the the front setback on Set, back Map S-9A- Irvine NEWPORT BEACH /COSTA MESA I,,ri act in, the property DAILY PILOT, which was adjudged a Santanella Terrace,5nd newspaper of general circulation on lagail9 described as Lot 28af Tract 1701. September 29, 1961, case A6214, and They project is under Sec- exempt undder ec - June 11, 1963, case A24831, for the tion 15305, of the Cali- tion fornla Environmental City of Costa Mesa, County of Orange, Quality Act (CEQA) Guidelines - Class 5 (Mi- and the State of California. Attached: to ner Alterations In Land Use Limitations), this Affidavit is a true and complete copy All interested parties may appear and present as was printed and published on the tes[imanqq in regard to this up cation. If you following date(s). - challenge this pray e court, you may be limited to raising only February 26, , 2011 those issues you orl someone else raised at the City Council meeting (described in this no- Tice) or in written cur- at delivered to de 1 certify (or declare) under penalty of the City; at prior to, the City, a review. agenda, perjury that the foregoing is true and st rapt, nn dac- be correct. ume a ments ma ra- aI'.d at the City CLries oHico (Building B), 3904 Nureport 8on- levord, Newp 26 Beach, Calfornia, 9 at the City of Nowlarl Beach wabsite a, Executed on March 2, 2011 OY m at Costa Mesa, California Wednesday the Wednesday to the more information please call 949- 644 -3204. For lutstions regarding details of the project please contact Javier S. Garcia AICP, Senior iIgannar, at _ /��y^ lt✓p (949) 644.3233, Ij+L��, /7,/I_- 11�G a [tahl `.algfl8LUf2 nawpartc Ir acf4ca.gov. newp P 0j-1 Fil6 Jla.e 0.rtivtty Na: CA2010- 0 C ation; 1537 ahtnelta Terrace oolicant: Andrew Published Beach /Costa h Pilot February RECp\1E© 2414 Ha4 "g kH `. 08 UFUClF CP 0t r � AFFIDAVIT OF POSTING On %iV 0.0 U �SMn , 2011, I posted the Notice of Public Hearing regarding: Johnson Code Amendment (PA2010 -176) Date of Hearing: March 8, 2011 V N Q ? _ w xm I p� UCjC= LU .¢ = C- —C V