HomeMy WebLinkAbout2064 - Alternative Setback Determination 102 E Ocean FrontRESOLUTION NO, 2064
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING STAFF
APPROVAL SA2017-004 FOR AN ALTERNATIVE SETBACK
DETERMINATION FOR THE PROPERTY LOCATED AT 102 EAST
OCEANFRONT (PA2017-099)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Geoff Sumich Design Inc. (Applicant) with respect to property
located at 102 East Ocean Front, and legally described as Lot 14 (westerly half of lot
thereof) and Lot 15 (westerly half of lot thereof) of Block 11, East Newport Tract requesting
approval of a Staff Approval for an Alternative Setback Determination.
2. The Applicant requests approval of an Alternative Setback Determination to reduce the
rear setback from 10 feet to 5 feet (see Exhibit "A" Alternative Setback Determination
Letter).
3. The subject property is located within the Single -Unit Residential (R-1) Zoning District and
the General Plan Land Use Element category is Single -Unit Residential Detached (RSD).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single -Unit Residential Detached (20.0-29.9 DU/AC) (RS -D).
5. A public hearing was held on August 17, 2017 in City 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 (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 project is categorically exempt under Section 15305, of the California Environmental
Quality Act (CEQA) Guidelines - 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,
including but not limited to: minor lot line adjustments, and setback variances not
resulting in the creation of any new parcel. The Alternative Setback Determination does
not constitute a major change which would require environmental review.
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.
Planning Commission Resolution No. 2064
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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. REQUIRED FINDINGS.
NBMC Section 20.30.110(C), Alternative Setback Area Location states the following:
"7n 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 Director may redefine the location of the front, side, and rear setback areas to be
consistent with the surrounding properties,"
Pursuant to NBMC Section 20,30.110(C), the following findings are set forth.
Findings:
The Municipal Code does not establish required findings for a review of a staff approval
for an alternative setback determination. The rear setback requested was reviewed for
consistency with lots in the vicinity based on an application of standard setback areas,
the resulting floor area ratio (FAR), and other development standards.
2. The application of the default rear setback for the R-1 Zone limits development on the
lot and results in an FAR substantially lower than other lots in the vicinity and in the R-1
Zoning District.
3. The application of the alternative rear setback will allow development on the property
that is consistent with neighboring properties.
4. The applicant proposes to reduce the 10 -foot rear setback to 5 feet. The applicant would
be required to maintain the required 10 -foot front setback and 3 -foot side setbacks.
The proposed 10 -foot rear setback will allow for the development of a single -unit
dwelling on the property that is within the range of sizes at nearby lots and provides a
reasonable setback from the adjacent residence.
05-26-2016
Planning Commission Resolution No. 2064
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves SA2017-004,
subject to the rear setback 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 17th DAY OF AUGUST, 2017.
AYES: Dunlap, Kleiman, Koetting, Lowrey
NOES: Weigand
ABSTAIN: None
ABSENT: Kramer, Zak
BY:
P/ter�KoetttiAn 6, Chairman
BY: C 'tf�✓J b`
Erik Weigand, §Wcretary
05-26-2016
Planning Commission Resolution No. 2064
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EXHIBIT "A"
Determination of Alternative Front Setback
SA2017-004 for PA2017-099
Date: August 17, 2017
Site address: 102 East Oceanfront
NBMC 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.
For these types of Setback Determinations, the Community Development Director refers to the
Planning Commission to establish the following alternative rear setback:
On behalf of Peter Koe ng, Cair
By.
Erik Weigand, Secretary
Attachment: Setback Exhibit
05-26-2016
Front
10' (Standard)
East Oceanfront
Side
3' (Standard)
Easterly Property Line
Side
3' (Standard)
Westerly Property Line
(Island Avenue)
Rear
5' (Alternative)
Interior
On behalf of Peter Koe ng, Cair
By.
Erik Weigand, Secretary
Attachment: Setback Exhibit
05-26-2016