HomeMy WebLinkAbout1870 - APPROVE SA _1702 PARK AVERESOLUTION NO. 1870
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING SA2012 -001 FOR AN
ALTERNATIVE SETBACK DETERMINATION FOR THE
PROPERTY LOCATED AT 1702 PARK AVENUE (PA2012 -001)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by William Scott Brown, with respect to property located at 1702
Park Avenue, and legally described as Balboa Island SEC 5 LOT 1 BLK 5 WLY 30 FT
ELY 60 FT AND WLY 30 FT ELY 60 FT LOT 2 BLK 5.
2. The applicant requests approval of an Alternative Setback Determination. The requested
setbacks are: Front — 6 feet, Sides - 3 feet, and Rear — 3 feet (see Exhibit
Alternative Setback Determination Letter).
3. The subject property is located within the Balboa Island (RB -1) Zoning District and the
General Plan Land Use Element category is Two -Unit Residential (RT).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Two -Unit Residential (RT -E).
5. A public hearing was held on February 9, 2012, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting 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 meeting.
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), which consists of 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, side yard, 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.
2. 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
Planning Commission Resolution No.1870
1702 Park Avenue Alternative Setback Determination
Page 2 of 3
challenge, and bear the responsibility for any costs, attorneys' fees, and damages
which may be awarded to a successful challenger.
SECTION 3. FINDINGS.
Section 20.30.110.C, Alternative Setback Area Location of the Newport Beach Municipal
Code states the following:
"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 Director may redefine the location of the front, side, and rear setback
areas to be consistent with the surrounding properties,"
Pursuant to Section 20.30.110.C, the following findings are set forth.
Findings:
A. Th e subject property and adjacent properties have been re- subdivided and are not
consistent with the orientation of the original subdivision and many lots within the
surrounding area and within the subject block (Block 5, Section 5, Balboa Island).
B. Th e application of the standard R -BI (Balboa Island) setbacks will result in an FAR
substantially lower than other lots in the vicinity and in the R -BI Zoning District.
C. The application of the approved alternative setbacks will allow development on the
property, which will be more consistent with the scale and floor area ratio (FAR) allowed
on other properties within the R -BI Zoning District and the subject block (Block 5, Section
5, Balboa Island).
SECTION 4. DECISION.
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 1702 Park
Avenue Alternative Setbacks including, but not limited to, the SA2012 -001 (PA2012 -001).
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.
TmpIC 12115/2011
Planning Commission Resolution No.1870
1702 Park Avenue Alternative Setback Determination
Page 3 of 3
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves SA2012 -001,
as requested by the applicant, 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 FEBRUARY 9, 2012.
AYES: Ameri, Hillgren, Myers, Toerge, and Tucker
NOES: None,
ABSTAIN: None.
ABSENT: Kramer
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TmpIC 12/15/2011