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RESOLUTION NO. PC2019-027 <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 /> N2019-0�37 FOR A REQUEST TO RETAIN EXISTING <br /> IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY <br /> LOCATED AT 104 VIA ORVIETO (PA2019-146) <br /> THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS <br /> FOLLOWS: <br /> SECTION 1. STATEMENT OF FACTS. <br /> 1. An application was filed by Paul and Annie Kim (collectively, "Owner"), requesting approval <br /> of an encroachment permit with respect to property located at 104 Via Orvieto, Newport <br /> Beach, California and legally described as Lot 94 and the South West 15 feet of Lot 93 of <br /> Tract 907, in the City of Newport Beach, County of Orange, California as per map recorded <br /> in Book 28, Page(s) 25 to 36, inclusive of Miscellaneous Maps in the Office of the County <br /> Recorder of said County, APN: 423-241-08 ("Property"). <br /> 2. The Owner requests to retain existing non-compliant improvements within the Via Orvieto <br /> public right-of-way including a step and two (2) 11-inch-high planter walls that encroach up <br /> to two (2) feet and six (6) inches into the public right-of-way (the "Action"). <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 (Private encroachments <br /> that are prohibited without a waiver and approval) of said policy. Due to this prohibition, the <br /> requested encroachment may only be approved upon the waiver of City Council Policy L- <br /> 6 and approval of the encroachment permit by Planning Commission. <br /> 4. A public meeting was held on September 19, 2019, in the City Council Chambers located <br /> at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the <br /> hearing was given in accordance with California Government Code Section 54950 et seq. <br /> ("Ralph M. Brown Act") and Chapter 20.62 of the Newport Beach Municipal Code <br /> ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the <br /> Planning Commission at this hearing. <br /> 5. The Property is located within the coastal zone and the retention of the existing <br /> improvements or the construction of an identical replacement planter would be exempt <br /> from requiring a Coastal Development Permit pursuant to Section 21.52.035(C)(1) of the <br /> NBMC, that exempts ancillary structures normally associated with single-family <br /> residences. <br /> SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. <br /> This Action is categorically exempt from the California Environmental Quality Act ("CEQA") <br /> pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably <br /> foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a <br />