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HomeMy WebLinkAbout20190919_Resolution_PC2019-027From: Cooke, Abigail Sent: Friday, October 04, 2019 5:07 PM To: 'mrpskim@yahoo.com' Cc: Rodriguez, Clarivel; Ramirez, Brittany; Lee, Amanda Subject: 104 Via Orvieto - Signed Resolution Attachments: PC2019-027.pdf Good afternoon, Paul, Please see the attached signed Resolution from the September 19, 2019 Planning Commission meeting. I will let you know once the encroachment agreement is ready for pickup and signatures. Thank you, ABBY COOKE, P.E. Assistant Civil Engineer City of Newport Beach | Public Works Department 100 Civic Center Drive, Newport Beach CA 92660 acooke@newportbeachca.gov 949-644-3323 RESOLUTION NO. PC2019-027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL POLICY L-6 AND APPROVING ENCROACHMENT PERMIT NO. N2019-0~37 FOR A REQUEST TO RETAIN EXISTING IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY LOCATED AT 104 VIA ORVIETO (PA2019-146) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Paul and Annie Kim (collectively, "Owner"), requesting approval of an encroachment permit with respect to property located at 104 Via Orvieto, Newport Beach, California and legally described as Lot 94 and the South West 15 feet of Lot 93 of Tract 907, in the City of Newport Beach, County of Orange, California as per map recorded in Book 28, Page(s) 25 to 36, inclusive of Miscellaneous Maps in the Office of the County Recorder of said County, APN: 423-241-08 ("Property"). 2. The Owner requests to retain existing non-compliant improvements within the Via Orvieto public right-of-way including a step and two (2) 11-inch-high planter walls that encroach up to two (2) feet and six (6) inches into the public right-of-way (the "Action"). 3. The requested encroachment is not specifically provided within City Council Policy L-6, thus, the requested encroachment is prohibited under Section A (Private encroachments that are prohibited without a waiver and approval) of said policy. Due to this prohibition, the requested encroachment may only be approved upon the waiver of City Council Policy L- 6 and approval of the encroachment permit by Planning Commission. 4. A public meeting was held on September 19, 2019, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of 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 of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. 5. The Property is located within the coastal zone and the retention of the existing improvements or the construction of an identical replacement planter would be exempt from requiring a Coastal Development Permit pursuant to Section 21.52.035(C)(1) of the NBMC, that exempts ancillary structures normally associated with single-family residences. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This Action is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060( c)(3) (the activity is not a Planning Commission Resolution No. PC2019-027 Page 2 of 4 project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because existing improvements have been in place since 1997, thereby have no potential for resulting in physical change to the environment, directly or indirectly. SECTION 3. REQUIRED FINDINGS. In accordance with City Council Policy L-6, Encroachments in Public Rights-of-Way, the following findings and facts in support of such findings are set forth: Finding: A. The existing private improvements will not be a detriment to the health, safety and welfare of the public. Facts in Support of Finding: 1. There are no current plans to widen the sidewalks within the Via Orvieto public right-of- way. The existing improvements, which have been in place since 1997, include a step and two (2) 11-inch-high planter walls. There is also an existing compliant 91-inch-wide decorative brick walkway and a 46-inch-wide decorative tile walkway. These encroachments do not hinder the present or future use of the public right-of-way, including sidewalks, and there are no existing City utilities located within the encroachment area. 2. The existing private improvements do not impede coastal public access, degrade visual quality of public coastal view or have any potential impact to sensitive habitat in the Coastal Zone for the following reasons: a. The existing private improvements are within the Via Orvieto public right-of- way. b. Via Orvieto is centrally located in Lido Isle and is not a coastal view road as designated by the Local Coastal Plan. c. The improvements are low to the ground and do not block public views along Via Orvieto d. The existing private improvements do not impede public vehicular or pedestrian access. e. The existing private improvements do not impede access to City public utilities. 3. The encroachment permit is subject to an encroachment agreement and one (1) condition of the agreement is to remove the improvements should it interfere with future public needs. Finding: Planning Commission Resolution No. PC2019-027 Page 3 of 4 B. The individual circumstances applicable to this application and the proposed encroachment are consistent with the public interest. Facts in Support of Finding: 1. The existing improvements have been in place for many years and do not appear to be hazardous. 2. The proposed improvements appear complementary to the area as adjacent properties have similar existing encroachments. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby waives City Cou ncil Policy L-6 and approves Encroachment Permit No. N2019-0337, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen (14) days following the date this Resolution is adopted unless within such time an appeal or call for review 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 19th DAY OF SEPTEMBER, 2019. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Ros~ne, and Weigand NOES: ABSTAIN: ABSENT: Planning Commission Resolution No. PC2019-027 Page 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL PUBLIC WORKS DEPARTMENT 1 . The proposed encroachments shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval. 2. The proposed encroachments are subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Owner shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Encroachment Permit and any associated Encroachment Agreements. 4. The Owner shall enter into an Encroachment Agreement within one (1) calendar year upon receipt of approval, otherwise this approval shall automatically expire. 5. To the fullest extent permitted by law, Owner 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, 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 Kim Residence Encroachments (PA2019-146) including, but not limited to, Encroachment Permit No. N2019-0337. 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 Owner, City, and/or the parties initiating or bringing such proceeding. The Owner 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 Owner shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.