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Home My WebLink About2044 - A STAFF APPROVAL TO ALLOW A 164-SQ-FT ADDITION TO ENCROACH 4 FEET INTO THE REQUIRED 10-FT STREET FRONT SETBACK - 1911 Yacht Colina. RESOLUTION NO. 2044 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING STAFF APPROVAL APPLICATION NO. SA2016-022 TO MODIFY THE 10-FOOT STREET SETBACK TO 6 FEET FOR PROPERTY LOCATED AT 1911 YACHT COLINIA (PA2016-201) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Wayne Rizzo, representing property owners Margaret and Thomas Mitchell, with respect to property located at 1911 Yacht Colinia, and legally described as Lot 23 of Tract 9261, being a portion of Blocks 92 & 97 of Irvine's Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Record Maps, Records of Orange County, California, requesting approval of a staff approval to modify setbacks. 2. The applicant requests to modify the street setback from 10 feet to 6 feet to allow a 162-square-foot addition to an existing single-family residence. 3. The subject property is located within the PC-18 (Broadmoor & Pacific View Planned Community) Zoning District, low density residential sub-area, and the General Plan Land Use Element category is RS-D (Single-Unit Residential Detached). 4. The subject property is not located within the coastal zone. 5. A final setback map was reviewed and approved by the Community Development Director (Director) when the Broadmoor & Pacific View Planned Community (PC-18) was adopted in 1975. The Broadmoor & Pacific View Planned Community development standards allow the Director to review, "future modifications of the setbacks shown on this map in view of setbacks listed in this ordinance and/or sound planning principles and shall either approve, modify, disapprove the setbacks shown, or refer the matter to the Planning Commission for a determination." To ensure surrounding property owners are notified, the Director referred the request to the Planning Commission for consideration and final action. 6. A public hearing was held on January 19, 2017, in the Council Chambers 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. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. Planning Commission Resolution No. 2044 Page 2 of 6 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). 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 modify the required setbacks, but will not result in any physical change to the lot or existing structure, or any changes in land use or density. SECTION 3. REQUIRED FINDINGS. The Broadmoor & Pacific View Planned Community regulations allow the Director to review, "future modifications of the setbacks shown on this map in view of setbacks listed in this ordinance and/or sound planning principles and shall either approve, modify, disapprove the setbacks shown, or refer the matter to the Planning Commission for a determination." The following facts in support of the modified setbacks are set forth: 1. The property is located on a cul-de-sac in a gated community with private streets and no public access. 2. The property owner is in the process of obtaining homeowner's association approval for the project design. As conditioned, homeowner's association approval prior to the issuance of building permits supports community compatibility of the modified setback under the criteria identified in the Planned Community regulations. 3. The modified setback will not interfere with views from adjacent homes, will not be detrimental to the neighborhood, and will provide adequate building articulation, access to the subject property, natural light & ventilation, and variation in setbacks from the street. 4. Setbacks would continue to vary between the lots, consistent with the intent of the original setback maps for this tract and the Broadmoor & Pacific View Planned Community. The ability to stagger the house will provide opportunities for visual interest and better architecture. 5. The modified setback provides a development standard that is consistent with surrounding properties in the community. 6. The application of the proposed 6-foot house setback along the street will serve to preserve open space, visual interest, and neighborhood compatibility. The modified setback is not detrimental to the harmonious and orderly growth of the City, nor will it endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. 7. The addition will occur within the lot coverage limitations. 12-14-16 Planning Commission Resolution No. 2044 Page 3of6 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Staff Approval No. SA2016-022 (PA2016-201), 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 14 days following the date this Resolution was adopted 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 19TH DAY OF JANUARY, 2017 AYES: Dunlap, Koetting, Kramer, Lawler and Weigand NOES: None ABSTAIN: None ABSENT: Hillgren and Zak BY: ory Kr e Chairman BY: eter Zak, ecretary 12-14-16 Planning Commission Resolution No. 2044 Page 4 of 6 EXHIBIT "A" Conditions of Approval (Project specific conditions are listed in italics) PLANNING 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The applicant 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 Use Permit. 3. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Staff Approval or the processing of a new Staff Approval. 4. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 5. The gross floor area for the home shall be set back a minimum of 6 feet from the street frontage property line. The garage shall be setback 3 feet from the street frontage property line. 6. Prior to the issuance of building permits, the applicant shall obtain Homeowner's Association approval. 7. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 8. Prior to the issuance of building permits, documents/plans shall be submitted demonstrating compliance with the prescriptive compliance requirements of Chapter 14.17 (Water-Efficient Landscaping Ordinance) of the Municipal Code. 9. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Staff Approval file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Staff Approval and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 12-14-16 Planning Commission Resolution No. 2044 Page 5of6 10. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 11. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 12. To the fullest extent permitted by law, applicant 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 the Mitchell Residence Staff Approval including, but not limited to, Staff Approval No. SA2016-022 (PA2016-201). 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 applicant, City, and/or the parties initiating or bringing such proceeding. The applicant 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 applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division Conditions 13. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Public Works Conditions 14. County Sanitation District fees shall be paid prior to the issuance of any building permits. 12-14-16 Planning Commission Resolution No. 2044 Page 6of6 EXHIBIT "B" MODIFIED SETBACK MAP FOR TRACT 9261 12-14-16 Exhibit"A" a ♦Y �s�"f^ +y�y a• � tial``✓•,`ra` � s' e , '� r I j �✓ • ✓ kKr a a f a r ♦ s I it a ° r� •7� r r a t • r{, t, :str•,r t e. ralr r � t r11♦ x w. 6 modified home setback at street ' .40 a f � a i* •i�r� ° r i 1 • ya.'p r Yw 3'garage setback at street 00,01 t Staff Approval No.SA2016-022 (PA2016-201) 1911 Yacht Colinia (Lot 57 on Setback Map)