Laserfiche WebLink
RESOLUTION NO. PC2019-001 <br />A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY <br />OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL <br />POLICY L-6 AND APPROVING ENCROACHMENT PERMIT NO. <br />N2018-0496 FOR A REQUEST TO INSTALL IMPROVEMENTS <br />WITHIN THE PUBLIC RIGHT-OF-WAY LOCATED AT 3725 <br />OCEAN BOULEVARD (PA2018-281) <br />THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS <br />FOLLOWS: <br />SECTION 1. STATEMENT OF FACTS. <br />An application was filed by Desmond L. Fischer, ("Applicant'), with respect to property <br />located at 3725 Ocean Boulevard, Newport Beach, California requesting approval of an <br />encroachment permit. <br />2. The Applicant requests to install non-compliant improvements within the Ocean Boulevard <br />public right-of-way including stairs, a retaining wall, planter walls, and pilasters that <br />encroach up to thirty-five (35) feet into the public right-of-way. <br />3. The requested encroachment is not specifically provided within City Council Policy L-6, <br />thus, the requested encroachment is prohibited under Section A of Private encroachments <br />that are prohibited without a waiver and approval. Due to this prohibition, the requested <br />encroachment may only be approved upon the waiver of City Council Policy L-6 and <br />approval of the encroachment permit by Planning Commission. <br />4. A public meeting was held on January 17, 2019, in the City Council Chambers located at <br />100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing <br />was given in accordance with the City Council Policy L-6. Evidence, both written and oral, <br />was presented to, and considered by, the Planning Commission at this hearing. <br />5. The subject property is located within the coastal zone. <br />SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITYACT DETERMINATION. <br />This project is categorically exempt from the California Environmental Quality Act pursuant to <br />Section 15303 Class 3 (New Construction or Conversion of Small Structures) which includes <br />construction of a single-family residence and related accessory structures in a residential zone. <br />The proposed improvements consist of an entry walkway with stairs, a retaining wall to support <br />the existing grade of a neighboring property, and garden walls and pilasters within the public <br />right-of-way are accessory to the development of a single-family home. <br />SECTION 3. REQUIRED FINDINGS. <br />In accordance with City Council Policy L-6, Encroachments in the Public Rights -of -Way, the <br />following findings and facts in support of such findings are set forth: <br />