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HomeMy WebLinkAbout1568 - RECOMMEND APPROVAL CA_3513 FINLEY AVERESOLUTION NO. 1568 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE CODE AMENDMENT NO. 2002 -001 (PA2002 -098) AMENDING THE FRONT YARD SETBACK FOR 3513 FINLEY AVENUE DEPICTED ON DISTRICTING MAP NO. 3. THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Mr. Ben Anderson with respect to property located at 3513 Finley Avenue, and legally described as Lot 7 and a portion of Lot 6 of Block 435 of the Canal Section, requesting approval of Code Amendment No. 2002 -001 (PA2002 -098) that would authorize the reduction of the front yard building setback along the property line abutting the Rivo Alto channel from 40 feet (ft.) to 20 ft. Section 2. A public hearing was held on August 8, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The requested 20 -foot setback is comparable with other setbacks along the north side of Rivo Alto channel. The resulting increase in floor area should not prove detrimental as the property is separated from adjoining lots with improved streets and the Rivo Alto channel. 2. The reduced setback will not impair public access to Newport Bay as no public access presently exists across the property and public access is not required by applicable regulations. The proposed setback of 20 feet will not significantly impair public views as public views are presently afforded by two abutting street ends. The public can presently walk to the bulkhead and a residence located 20 feet from the bulkhead will not block views. 3. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitation). Section 4. Based on the aforementioned findings, the Planning Commission recommends that the City Council approve Code Amendment No. 2002 -001, which would amend District Map No. 3 to reflect the front yard building setback of 20 ft. along the property line abutting the Rivo Alto channel for 3513 Finley Avenue. City of Newport Beach Planning Commission Resolution No. Page 2 of 2 PASSED, APPROVED AND ADOPTED THIS 8`b DAY OF AUGUST 2002. AYES: Agajanian, McDaniel, Kiser, Gifford and Selich NOES: None ABSENT: Tucker IM Chairman Fi_igaj�lnian, Secretary ,._..__J FIUSERS\PLMShared\PA's\PAs - 2002\PA2002- 098 \CA2002 -001 pemsolution.doe