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RESOLUTION NO. PC2019-007 <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 />N2017-0642 FOR A REQUEST TO CONSTRUCT PERMANENT <br />IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY <br />LOCATED AT 3100 BREAKERS DRIVE (PA2019-013) <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 Geoff Sumich, Geoff Sumich Design, on behalf of the property <br />owners Enrico Arvielo and Patricia Arvielo (collectively, "Owner"), with respect to property <br />located at 3100 Breakers Drive, Newport Beach, California requesting a waiver of City <br />Council Policy L-6 and approval of an encroachment permit. <br />2. The Applicant requests to construct nine (9) sets of permanent structural tie -back <br />improvements within the Ocean Boulevard/Corona del Mar Main Beach Ramp public right- <br />of-way encroaching between twelve (12) feet and thirty-three (33) feet into the public right- <br />of-way and a minimum of fifty-three (53) feet below the existing street grade. <br />3. The requested encroachments are not specifically provided within City Council Policy L-6, <br />thus, the requested encroachments are prohibited under Section A (1) of said policy. Due <br />to this prohibition, the requested encroachment may only be approved upon the waiver of <br />City Council Policy and approval of the encroachment permit by Planning Commission. <br />4. A public meeting was held on March 7, 2019, in the City Council Chambers located at 100 <br />Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was <br />given in accordance with the Newport Beach Municipal Code. Evidence, both written and <br />oral, was presented to, and considered by, the Planning Commission at this hearing. <br />5. The subject property is located within the coastal zone. The proposed project obtained and <br />Coastal Development Permit (CDP No.5-16-0298) from the California Coastal <br />Commission. <br />SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. <br />This project is categorically exempt pursuant to Title 14 of the California Code of Regulations <br />Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California <br />Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small <br />Structures), because it has no potential to have a significant effect on the environment. Class 3 <br />exempts the construction of a duplex and multi -family residential structures totaling no more than <br />six units and appurtenant structures. The proposed project consists of the installation of tie -backs <br />that are appurtenant to the construction of a new duplex. <br />