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HomeMy WebLinkAbout1912 - APPROVED SA2013-002_1420 WEST OCEAN FRONTRESOLUTION NO. 1912 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING STAFF APPROVAL NO, SA2013 -002 FOR AN ALTERNATIVE SETBACK DETERMINATION LOCATED AT 1420 WEST OCEAN FRONT (PA2013 -045) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Christopher Brandon of Brandon Architects, Inc., with respect to property located at 1420 West Ocean Front, and legally described as Lots 10 and 11 of Block 14 in Tract No. 234 requesting approval of a Staff Approval for an alternative setback determination. 2. The applicant proposes to maintain the required front setback of 10 feet along West Ocean Front as well as the required side setback of 4 feet along 15th Street. The request is to change the rear setback requirement from 10 feet to 3 feet along the northerly property line abutting 104 15th Street and to change the side setback from 4 feet to 3 feet along the easterly property line abutting 1416 West Ocean Front, 3. Planning staff agrees with the applicant's proposal; however, staff recommends a 4 -foot rear setback along the northerly property line abutting 104 150 Street instead of 3 feet as proposed. 4. The subject property is located within the Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element category is Two -Unit Residential (RT). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two -Unit Residential Detached (RT -D). 6. Zoning Code Section 20.30.110.0 (Alternative Setback Area Location) states that 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. In this case, so that surrounding property owners would be notified of the application, the Director referred the request to the Planning Commission for consideration at a public hearing and final action. 7. A public hearing was held on April 18, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, Planning Commission Resolution No. 1912 Page 2 of 3 both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under 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. The proposed project will alter the required setbacks, but will not result in a physical change to the existing lot or structure. 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 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. FINDINGS. 1. The Municipal Code does not set forth any required findings for either approval or denial of Staff Approvals for alternative setback determinations. The application was reviewed for compatibility with the neighborhood based on setback area, floor area ratio (FAR), and other development standards, and to ensure the setback determination would not be detrimental to the neighborhood. 2. The application of the standard Two -Unit Residential (R -2) setbacks will result in an FAR substantially lower than other lots in the vicinity and in the R -2 Zoning District. 3. The application of the approved alternative setbacks will allow development on the property that will be more consistent with the FAR allowed on other properties within the surrounding area. 4. The alternative setback determination will not be detrimental to the neighborhood. The rear setback area of the subject property abuts the side setback area of the adjacent property to the northeast. The 3 -foot rear setback requirement as proposed by the applicant is consistent with surrounding properties. 5. The easterly side of the property also abuts another side where there is a required 3- foot side setback. The proposed 3 -foot side setback on the subject property will be consistent with the neighboring and surrounding properties. Planning Commission Resolution No. 1912 Paae 3 of 3 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves SA2013-002, subject to the setbacks 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 18TH DAY OF APRIL, 2013. AYES: Amed, Brown, Hillgren, Myers, Toerge, and Tucker NOES: Kramer ABSTAIN: None ABSENT: None Iffig RW Ameri, Secretary Exhibit A COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644 -3200 Fax: (949) 644 -3229 www.newportbeachca.gov DETERMINATION OF ALTERNATIVE SETBACK AREA LOCATIONS SA2013 -002 (PA2013 -045) f!Ff ' :7NE:1��iTiEtl Site address: 1420 West Ocean Front 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. In this case the Community Development Director elected to refer this request to the Planning Commission, which established the following alternative setbacks: On behalf of Michael To ge, Chairman By: Fred Ameri, Secretary Attachment: Setback Exhibit