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HomeMy WebLinkAboutPC2020-004 - RECOMMENDING CITY COUNCIL REVOKE VARIANCE NO. VA0012 AND MODIFICATION NO. MD2343 APPROVING SETBACKS FOR THE PROPERTIES LOCATED AT 6501/6503 SEASHORE DRIVE THAT WRESOLUTION NO. PC2020-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL REVOKE VARIANCE NO. VA0012 AND MODIFICATION NO. MD2343 APPROVING SETBACKS FOR THE PROPERTIES LOCATED AT 6501/6503 SEASHORE DRIVE THAT WILL NOT LONGER BE NECESSARY UPON AMENDMENT OF SECTIONS 20.80.040 (SETBACK MAPS) AND 21.80.040 (SETBACK MAPS) OF THE NEWPORT BEACH MUNICIPAL CODE (PA2019-216) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Pamela Dow, Trustee for the Feldman Family Administrative Trust ("Applicant") with respect to amending Setback Map S-1A West Newport as set forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) of the Newport Beach Municipal Code ("NBMC"). Specifically, the request is to amend the setbacks for property located at 6501/6503 Seashore Drive, Newport Beach, CA 92663 and legally described as Lot 8, Block E of Tract No. 709, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 7, Page 25 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, APN No. 045-092-03 ("Property"). 2. Variance No. VA0012 was approved by the City Council on April 23, 1951, granting a three (3) foot deviation to a required ten (10) foot setback. Modification No. MD2343 was approved by the Modification Committee on December 19, 1978, allowing a second-story addition to provide a five (5) foot setback from the alley and a zero setback from Seashore Drive. 3. The Applicant is requesting an amendment to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) revising Setback Map No. S-1A West Newport as set forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) such that the Property's setbacks match the other properties in the area. The revised setbacks will be zero from Seashore Drive (front), four (4) feet from Walnut Street (side), four (4) feet from the west property line (side), and five (5) feet from the alley (rear) ("Code and LCP Amendments"). The amendment to the setback map will render the previous entitlements moot. Accordingly, the Applicant is also requesting to revoke Variance No. VA0012 and the Modification No. MD2343 once the Code and LCP Amendment go into effect. 4. The Property is designated RT (Two-Unit Residential) by the City of Newport Beach General Plan Land Use Element and is located within the R-2 (Two-Unit Residential) zoning district. The Property is also designated RT-E (Two-Unit Residential) by the City Planning Commission Resolution No. PC2020-004 Page 2 of 3 of Newport Beach Local Coastal Program Coastal Land Use Plan ("Coastal Land Use Plan") and is located within the R-2 (Two-Unit Residential) coastal zoning district. 5. A public hearing was held on February 20, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, CA. A notice of time, place and purpose of the public hearing was given in accordance with the Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The recommendation to City Council to revoke/terminate Variance No. VA0012 and Modification No. MD2343 is categorically exempt i from under the California Environmental Quality Act ("CEQA") pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Additionally, the termination of Variance No. VA0012 and Modification No. MD2343 that are no longer required is not a project according to Section 15378 of the CEQA Guidelines. 2. The Class 5 exemption applies to minor changes in land use limitations, such as setbacks, provided the Property has an average slope that does not exceed 20 percent and the changes does not result in change to the permitted land use or density. The elimination of entitlements that are no longer necessary because it does not change the residential use, nor does it increase the density beyond the existing two units. 3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. 1. Variance No. VA0012 granted a three (3) foot deviation to a ten (10) foot setback on the west side of the property and Modification No. MD2343 allowed a second-story addition to provide a five (5) foot setback from the alley and a zero setback from Seashore Drive. Since approval of these entitlements, the setback map has been revised to allow the zero setback on the south side of Seashore Drive. The Applicant is also requesting that the setback map be revised to allow the default side setbacks of four (4) feet from the east and west property lines, and a rear setback of five (5) feet from the alley side of the property. Upon the effective date of amendments to the setback map, S-1A West Newport, set forth in Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) of the NBMC Variance No. VA0012 and Modification No. MD2343 will no longer be necessary. As the existing structures would comply with the revised setbacks by way of Planning Commission Resolution No . PC2020-004 Pa e 3 of 3 the NBMC. Based on this change to Setback Map No. S-1A, the circumstances in which the entitlements were approved have changed and the original findings in support of these entitlements will no longer be valid. 2. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 4 . DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The recommendation to City Council to revoke/terminate Variance No . VA0012 and Modification No . MD2343 is categorically exempt from under the California Environmental Quality Act ("CEQA") pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines , California Code of Regulations , Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Additionally, the termination of project entitlements that are no longer required is not a project according to Section 15378 of the CEQA Guidelines. 2 . The Planning Commission of the City of Newport Beach hereby recommends the City Council revoke Variance No . VA0012 and Modification No. MD2343, upon California Coastal Commission approval followed by City Council adoption of the final ordinance for the LCP Amendment (LC2019-007), thereby rendering Variance No . VA0012 and Modification No. MD2343 moot. PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF FEBRUARY 2020. AYES: Ellmore, Klaustermeier, Koetting , Lowrey , Rosene , and Weigand NOES : ABSTAIN : ABSENT: Kleiman