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Home My WebLink About2046 - REQUESTING SETBACK DETERMINATION FOR FRONT SETBACK - 1706 Park Ave RESOLUTION NO. 2046 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING STAFF APPROVAL SA2016-018 FOR AN ALTERNATIVE SETBACK DETERMINATION FOR THE PROPERTY LOCATED AT 1706 PARK AVENUE (PA2016-197) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mary Park, Schneider Family Trust, (Applicant) with respect to property located at 1706 Park Avenue, and legally described as Balboa Island Section 5 Lot 10 Block 5 Westerly 30 Feet Southerly 49 FT (And Westerly 30 Feet of Lots 11 and 1 2 Block 5 Tract 103 requesting approval of a Staff Approval for an Alternative Setback Determination. 2. The Applicant requests approval of an Alternative Setback Determination to reduce the front setback from 20 feet to 10 feet (see Exhibit "A" Alternative Setback Determination Letter). 3. The subject property is located within the Balboa Island (RB-1) Zoning District and the General Plan Land Use Element category is Two-Unit Residential (RT). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two-Unit Residential (RT-E). 5. A public hearing was held on February 9, 2017 in the Civic Center Community Room 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 Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 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). 2. Class 5 exempts 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, including but not limited to: minor lot line adjustments, side yard, and setback variances not resulting in the creation of any new parcel. The Alternative Setback Determination does not constitute a major change which would require environmental review. 3. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In Planning Commission Resolution No. 2046 Page 2 of 5 addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. REQUIRED FINDINGS. NBMC Section 20.30.110(C), Alternative Setback Area Location states the following: "7n cases where the orientation of an existing lot and the application of the setback area are not consistent with the character or general orientation of other lots in the vicinity, the Director may redefine the location of the front, side, and rear setback areas to be consistent with the surrounding properties," Pursuant to NBMC Section 20.30.110(C), the following findings are set forth. Findings: 1. The Municipal Code does not establish required findings for a review of a staff approval for an alternative setback determination. The front setback requested was reviewed for consistency with lots in the vicinity based on an application of standard setback areas, the resulting floor area ratio (FAR), and other development standards. 2. The application of the default front setback for the RB-1 Zone which is required without the front setback called out on the Setback Map limits development on the lot and results in an FAR substantially lower than other lots in the vicinity and in the R-BI Zoning District. 3. The application of the alternative front setback will allow development on the property that is consistent with neighboring properties. 4. The applicant proposes to reduce the 20-foot front setback to 10 feet. The applicant would maintain the required 10-foot rear setback and 3-foot side setbacks. 5. The proposed 10-foot front setback will allow for the development of a single-unit or two- unit dwelling on the property that is within the range of sizes at nearby lots and provides a reasonable setback from Park Avenue. 05-26-2016 Planning Commission Resolution No. 2046 Page 3 of 5 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves SA2016-018, subject to the front setback set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF FEBRUARY, 2017. AYES: Dunlap, Hillgren. Koetting, Kramer, Lawler and Weigand NOES: None ABSTAIN: None ABSENT: Zak BY: oACha BY: Pe er Zak, ecretary 05-26-2016 Planning Commission Resolution No. 2046 Page 4 of 5 EXHIBIT "A" Determination of Alternative Front Setback SA2016-018 for PA2016-197 Date: February 9, 2017 Site address: 1706 Park Avenue NBMC Section 20.30.110(C) (Setback Regulations and Exceptions — Alternative setback area location): In cases where the orientation of an existing lot and the application of the setback area are not consistent with the character or general orientation of other lots in the vicinity, the [Community Development] Director may redefine the location of the front, side, and rear setback areas to be consistent with surrounding properties. The reorientation of setback areas is not applicable to the bluff overlay district. For these types of Setback Determinations, the Community Development Director refers to the Planning Commission which established the following alternative front setback: Yard Setback Description Front 10' (Alternative) Park Avenue Side 3' (Standard) Westerly Property Line Side 3' (Standard) Easterly Property Line (East Bay Front Alley) Rear 5' (Standard) Alley On behalf of Kory Kramer, Chairman By: Peter Zak, ecreta Attachment: Setback Exhibit 05-26-2016 Planning Commission Resolution No. 2046 Page 5 of 5 cT 1706 PARK AVE 0 10 20 �Foot 1706 Park Avenue - PA2016-197 Determination of Alternative Front Setback CrttfJR``�fl Pe IT A T7t?& Aan't_Ava Resrokrficws_✓=xhB7ts palar 0TI2412017 05-26-2016