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Home My WebLink About2020-34 - Revoking Variance No. VA0012 and Modification No. MD2343 Which Will No Longer be Necessary Upon Amendment of Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) of the Newport Beach Municipal Code for the Property Located at 6501/6503RESOLUTION NO. 2020-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REVOKING VARIANCE NO. VA0012 AND MODIFICATION NO. MD2343 WHICH WILL NO LONGER BE NECESSARY UPON AMENDMENT OF SECTIONS 20.80.040 (SETBACK MAPS) AND 21.80.040 (SETBACK MAPS) OF THE NEWPORT BEACH MUNICIPAL CODE FOR THE PROPERTY LOCATED AT 6501/6503 SEASHORE DRIVE (PA2019-216) WHEREAS, Variance No. VA0012 was approved by the City Council on April 23, 1951, granting a three foot deviation to a required ten foot setback and Modification No. MD2343 was approved by the Modification Committee on December 19, 1978, allowing a second -story addition to provide a five foot setback from the alley and a zero setback from Seashore Drive for the property located at 6501/6503 Seashore Drive, Newport Beach, CA 92663 and legally described as Lot 8, Block E of Tract No. 709, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 7, Page 25 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, APN No. 045-092-03 ("Property"); WHEREAS, an application was filed by Pamela Dow, Trustee for the Feldman Family Administrative Trust ("Applicant") to amend Setback Map S -1A West Newport set forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) of the Newport Beach Municipal Code ("NBMC") via Zoning Code Amendment No. CA2019-008 and Local Coastal Program Amendment No. LC2019-007 respectively for the Property; WHEREAS, the amendment Setback Map No. S -1A - West Newport as set forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) will render Variance No. VA0012 and Modification No. MD2343 moot; WHEREAS, a public hearing was held by the Planning Commission on February 20, 2020, in the 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 California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; Resolution No. 2020-34 Page 2 of 4 WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2020-004 by a majority vote (6 ayes, 0 no) recommending the City Council revoke Variance No. VA0012 and Modification No. MD2343 subject to approval of Zoning Code Amendment No. CA2019-008 and LCP Amendment No. LC2019-007; and WHEREAS, a public hearing was held by the City Council on April 14, 2020, in the 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 Ralph M. Brown Act and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby revoke Variance No. VA0012 and Modification No. MD2343 which shall become final and effective upon the effective date of Zoning Code Amendment No. CA2019-008 and Local Coastal Program Amendment No. LC2019-007 amending Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) of the NBMC. Section 2: In accordance with Section 20.68.050(B)(4)(a) (Review Authority's Action) of the NBMC, the following finding and fact in support of the revocation are set forth: Finding: A. The permit or approval was issued in error or circumstances under which the permit or approval was granted have been modified to an extent that one or more of the findings that justified the original approval can no longer be made and the public health, safety, and welfare require the revocation or modifications. Fact in Support of Finding: 1. Recent amendments to Setback Map No. S -1A have eliminated the individual setbacks from the Property, thus making the setbacks consistent with the other properties in the vicinity. Further, all existing site improvements comply with the new setbacks, making Variance No. VA0012 and Modification No. MD2343 moot and no longer necessary. Inasmuch as the Property has the same setbacks as the other properties in the area and existing improvements comply with the new setbacks, the findings that justified the original approval of Variance No. VA0012 and Modification No. MD2343 can no longer be made. Resolution No. 2020-34 Page 3 of 4 Section 3: The City Council finds the adoption of this resolution is exempt from environmental review under 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, Division 6, Chapter 3, because it is a change to a limitation on the Property and has no potential to have a significant effect on the environment. Additionally, the termination of project entitlements that are no longer required is not a project according to Section 15378 of the CEQA Guidelines. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, 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. Resolution No. 2020-34 Page 4 of 4 Section 6: This resolution shall not become effective until approval of Local Coast Program Amendment No. LC2019-007 by the California Coastal Commission and adoption, including any modifications suggested by the Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council and upon the effective date of Zoning Code Amendment No. CA2019-008. Upon the effective date of Local Coast Program Amendment No. LC2019-007 and Zoning Code Amendment No. CA2019-008, Variance No. VA0012 and Modification No. MD2343 shall be deemed null and void. ADOPTED this 14th day of April 2020. ATTEST: C Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Z4 6,� C. ff-,� Aaro C. Harp City Attorney Will O'Neill Mayor �F0Rt_ o 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; the foregoing resolution, being Resolution No. 2020-34, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 14th day of April, 2020; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of April, 2020. ali 10"iv Leilani I. Brown City Clerk Newport Beach, California