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Home My WebLink About2016-5 - Amending the Newport Beach Municipal Code Related to Certain Front Yard SetbacksORDINANCE NO. 2016-5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE NEWPORT BEACH MUNICIPAL CODE RELATED TO CERTAIN FRONT YARD SETBACKS WHEREAS, pursuant to Newport Beach Municipal Code ("NBMC") Section 20.66.020 the City Council initiated a code amendment on January 12, 2016, to reduce the front yard setback for three properties from twenty feet to five feet, consistent with the historic front yard setback for these properties. The five foot setback was inadvertently left off Setback Map S-26 in the 2010 Zoning Code update and this amendment revises Setback Map S-213 Balboa Peninsula in NBMC Section 20.80.040 to restore the five foot setback for the residential properties located at 3008, 3010, and 3012 Balboa Boulevard; WHEREAS, on February 18, 2016, the Planning Commission conducted a public hearing in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC and Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, at the February 18, 2016, public hearing, the Planning Commission received public comments and on an affirmative motion (5 ayes, 2 absent, and 0 noes), forwarded a recommendation to the City Council to approve the proposed amendment; WHEREAS, the City Council conducted a public hearing on March 22, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, the subject properties will remain consistent with the General Plan, Coastal Land Use Plan, and Zoning Code designation of Two -Unit Residential (R-2) with the code amendment to reduce the front setbacks; WHEREAS, the standard front setback for properties zoned Two -Unit Residential (R-2) is twenty feet pursuant to NBMC Section 20.18.030 Table 2-3, unless a different distance is depicted on a setback map. In the pre -2010 Zoning Code the three subject properties were within the Specific Plan SP -6 (R-2) Zone which applied a five-foot front yard setback for these properties. When the specific plan was dissolved into the standard R-2 Zone with the 2010 Zoning Code Update, these were the only properties that did not have the five foot front setback carried over on the setback maps. This lack of five foot front setback carryover was inadvertent and this code amendment corrects the prior error; Ordinance No. 2016-5 Page 2 of 3 WHEREAS, amending the setback map to reinstate the five foot front yard setback does not result in a significant change to the existing development pattern of the neighborhood since two of the three properties are built with the five foot front yard setback. Additionally, most of the properties that were previously zoned SP -6 (R-2) are also built with the five foot front yard setback. Thus, this code amendment allows the properties to maintain their existing uses and remain consistent with adjacent properties; and WHEREAS, the twenty foot front setback not only affects building placement, but also impacts buildable area and ultimately the maximum size of a single-family or two- family home on the properties. Therefore, the development limits of the subject properties have been unintentionally restrained and reinstating the five foot front setback is necessary to return property rights back to the property owners. W NOW THEREFORE, the City. Council of the City of Newport Beach ordains as follows: Section 1: The City Council hereby approves Code Amendment No. CA2015- 011 amending Setback Map S-26 of NBMC Title 20 (Zoning Code) reducing the front yard setback from twenty feet to five feet for the three residential properties located at 3008, 3010, and 3012 Balboa Boulevard as set forth in Exhibit 'A," which is attached hereto and incorporated herein by reference. 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, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 3: The City Council finds the introduction and approval of this ordinance is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the three residential properties affected by this amendment have an average slope of less than 20 percent; the amendment will not change the land use category or zoning district of the affected residential properties; and the maximum number of dwelling units per property will not change. Section 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414, and it shall be effective thirty (30) days after its adoption. Ordinance No. 2016-5 Page 3 of 3 Section 5: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22"d day of March 2016, and adopted on the 12th day of April, 2016, by the following vote, to -wit: AYES, COUNCILMEMBERS Council Member Peotter, Council Member Duffield Council Member Selich Council Member Curry Council Member Petros Mayor Pro Tem Muldoon Mayor Dixon NAYES, COUNCILMEMBERS None ABSENT COUNCILMEMBER None r DIANE B. DIXON, MAY F-34111 11*3 IF LEILANI I. BROWN, CITY CLERK f "' U APPROVED AS TO FORM: c�<iFOR CITY ATT" iLEY'S OFFICE / 1 (�) AARO C'HARP, CITY ATTORNEY EXHIBIT A S -21B -Balboa Peninsula Setback Map STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2016-5 was duly and regularly introduced on the 22"d day of March, 2016, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of April, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of April, 2016. s/FoRN� Leilani I. Brown, MMC City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2016-5 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: March 26, 2016 Adopted Ordinance: April 16, 2016 In witness whereof, I have hereunto subscribed my name this Go day of 2016. I ,v r Leilani I. Brown, MMC L City Clerk City of Newport Beach, California (Seal)