HomeMy WebLinkAbout20200220_Resolution_PC2020-004RESOLUTION NO. PC2020-004
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY
COUNCIL REVOKE VARIANCE NO. VA0012 AND
MODIFICATION NO. MD2343 APPROVING SETBACKS FOR THE
PROPERTIES LOCATED AT 6501/6503 SEASHORE DRIVE THAT
WILL NOT LONGER BE NECESSARY UPON AMENDMENT OF
SECTIONS 20.80.040 (SETBACK MAPS) AND 21.80.040
(SETBACK MAPS) OF THE NEWPORT BEACH MUNICIPAL
CODE (PA2019-216)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Pamela Dow, Trustee for the Feldman Family Administrative
Trust ("Applicant") with respect to amending Setback Map S-1A West Newport as set
forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) of the
Newport Beach Municipal Code ("NBMC"). Specifically, the request is to amend the
setbacks for 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").
2. Variance No. VA0012 was approved by the City Council on April 23, 1951, granting a
three (3) foot deviation to a required ten (10) foot setback. Modification No. MD2343
was approved by the Modification Committee on December 19, 1978, allowing a
second-story addition to provide a five (5) foot setback from the alley and a zero setback
from Seashore Drive.
3. The Applicant is requesting an amendment to Title 20 (Planning and Zoning) and Title
21 (Local Coastal Program Implementation Plan) revising Setback Map No. S-1A West
Newport as set forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback
Maps) such that the Property's setbacks match the other properties in the area. The
revised setbacks will be zero from Seashore Drive (front), four (4) feet from Walnut
Street (side), four (4) feet from the west property line (side), and five (5) feet from the
alley (rear) ("Code and LCP Amendments"). The amendment to the setback map will
render the previous entitlements moot. Accordingly, the Applicant is also requesting to
revoke Variance No. VA0012 and the Modification No. MD2343 once the Code and LCP
Amendment go into effect.
4. The Property is designated RT (Two-Unit Residential) by the City of Newport Beach
General Plan Land Use Element and is located within the R-2 (Two-Unit Residential)
zoning district. The Property is also designated RT-E (Two-Unit Residential) by the City
Planning Commission Resolution No. PC2020-004
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of Newport Beach Local Coastal Program Coastal Land Use Plan ("Coastal Land Use
Plan") and is located within the R-2 (Two-Unit Residential) coastal zoning district.
5. A public hearing was held on February 20, 2020, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, CA. A notice of time, place and purpose of the public
hearing was given in accordance with the Government Code Section 54950 et seq.
("Ralph M. Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of 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 recommendation to City Council to revoke/terminate Variance No. VA0012 and
Modification No. MD2343 is categorically exempt i from 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 has no potential to have a
significant effect on the environment. Additionally, the termination of Variance No.
VA0012 and Modification No. MD2343 that are no longer required is not a project
according to Section 15378 of the CEQA Guidelines.
2. The Class 5 exemption applies to minor changes in land use limitations, such as
setbacks, provided the Property has an average slope that does not exceed 20 percent
and the changes does not result in change to the permitted land use or density. The
elimination of entitlements that are no longer necessary because it does not change the
residential use, nor does it increase the density beyond the existing two units.
3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines are not applicable. The Project location does not impact an environmental
resource of hazardous or critical concern, does not result in cumulative impacts, does
not have a significant effect on the environment due to unusual circumstances, does not
damage scenic resources within a state scenic highway, is not a hazardous waste site,
and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
1. Variance No. VA0012 granted a three (3) foot deviation to a ten (10) foot setback on the
west side of the property and Modification No. MD2343 allowed a second-story addition
to provide a five (5) foot setback from the alley and a zero setback from Seashore Drive.
Since approval of these entitlements, the setback map has been revised to allow the
zero setback on the south side of Seashore Drive. The Applicant is also requesting that
the setback map be revised to allow the default side setbacks of four (4) feet from the
east and west property lines, and a rear setback of five (5) feet from the alley side of the
property. Upon the effective date of amendments to the setback map, S-1A West
Newport, set forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps)
of the NBMC Variance No. VA0012 and Modification No. MD2343 will no longer be
necessary. As the existing structures would comply with the revised setbacks by way of
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the NBMC. Based on this change to Setback Map No. S-1A, the circumstances in which
the entitlements were approved have changed and the original findings in support of
these entitlements will no longer be valid.
2. The recitals provided in this resolution are true and correct and are incorporated into the
operative part of this resolution.
SECTION 4 . DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The recommendation to City Council to revoke/terminate Variance No . VA0012 and
Modification No . MD2343 is categorically exempt from 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 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.
2 . The Planning Commission of the City of Newport Beach hereby recommends the City
Council revoke Variance No . VA0012 and Modification No. MD2343, upon California
Coastal Commission approval followed by City Council adoption of the final ordinance for
the LCP Amendment (LC2019-007), thereby rendering Variance No . VA0012 and
Modification No. MD2343 moot.
PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF FEBRUARY 2020.
AYES: Ellmore, Klaustermeier, Koetting , Lowrey , Rosene , and Weigand
NOES :
ABSTAIN :
ABSENT: Kleiman