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Home My WebLink About1895 - APPROVE SA _ 431 LUGONIA STREETmllel1lpji[N3.1. Eels F1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING STAFF APPROVAL NO. SA2012 -015 FOR AN ALTERNATIVE SETBACK DETERMINATION LOCATED AT 431 LUGONIA STREET (PA2012 -119) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Eric Aust, with respect to property located at 431 Lugonia Street, and legally described as Lot 9, the southeasterly 2 feet of Lot 10, the southeasterly 47 feet of Lot 8, excepting the southwesterly 16 feet, Block 24, Tract 772 requesting approval of a Staff Approval for an alternative setback determination. 2. The applicant proposes to maintain the required front setback of 5 feet along both street - fronting property lines. The request is to change the rear setback requirement from 10 feet to 3 feet along the southwestern property line abutting 427 Lugonia Street and to change the side setback from 4 feet to 3 feet along the northwestern property line abutting 473 Prospect Street. 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 (RS -D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD -C). 5. Zoning Code Section 20.30.110 C 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 and final action. 6. A public hearing was held on November 8, 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. Planning Commission Resolution No. 1895 Paae 2 of 3 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 Single -Unit Residential (R -1) setbacks will result in an FAR substantially lower than other lots in the vicinity and in the R -1 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 southwest. The 3 -foot setback requirements are consistent with surrounding properties. The existing structure is located 4 feet from the rear property line. Planning Commission Resolution No. 1895 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves SA2012 -015, 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 8T" DAY OF NOVEMBER, 2012. AYES: Ameri, Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSTAIN: None ABSENT: None BY: Mich oerge, Chairman Fred Ameri, Secretary Planning Commission Resolution No. 1895 Page 3 of 3 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves SA2012 -015, 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 8T" DAY OF NOVEMBER, 2012. AYES: Ameri, Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSTAIN: None ABSENT: None BY: Michael Toerge, Chairman By d Amer' cr ary Exhibit A COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644 -3200 Fax: (949) 644 -3229 www.newi)ortbeachca.gov DETERMINATION OF ALTERNATIVE SETBACK AREA LOCATIONS SA2012 -015 (PA2012 -119) Date: November 8. 2012 Site address: 431 Lugonia Street 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: Setback Area Setback Requirement Description Front 5' Lugonia Street Front 5' Prospect Street Side 3' Northwestern Property Line Rear 3' Southwestern Property Line On behalf of Michael Toedge. Chairman Secretary Attachment: Setback Exhibit �3 0&, o • r 0 ., of c0 00 •• 00 •. Buildable cY)' Area: :00 Buildable _ 1,699 sf ' Area: ti r- 1,811 sf M ......................... 1 � .......... ...................... N 33' r ............................. ............ _................, U) ca Buildable Area: 1,750 sf p M ............................. J 80' 0 5 10 431 Lugonia Street - PA2012 -119 moon= Feet Determination of Alternative V m - � Setback Area Locations °a�,. w�•" .N 2 12 -1 431 L(Lqonla 1110912012