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HomeMy WebLinkAboutPC2019-001 - WAIVING CITY COUNCIL POLICY L-6 AND APPROVING ENCROACHMENT PERMIT NO. N2018-0496 -3725 OCEAN BOULEVARDRESOLUTION NO. PC2019-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL POLICY L-6 AND APPROVING ENCROACHMENT PERMIT NO. N2018-0496 FOR A REQUEST TO INSTALL IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY LOCATED AT 3725 OCEAN BOULEVARD (PA2018-281) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Desmond L. Fischer, ("Applicant'), with respect to property located at 3725 Ocean Boulevard, Newport Beach, California requesting approval of an encroachment permit. 2. The Applicant requests to install non-compliant improvements within the Ocean Boulevard public right-of-way including stairs, a retaining wall, planter walls, and pilasters that encroach up to thirty-five (35) feet into the public right-of-way. 3. The requested encroachment is not specifically provided within City Council Policy L-6, thus, the requested encroachment is prohibited under Section A of Private encroachments that are prohibited without a waiver and approval. Due to this prohibition, the requested encroachment may only be approved upon the waiver of City Council Policy L-6 and approval of the encroachment permit by Planning Commission. 4. A public meeting was held on January 17, 2019, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the City Council Policy L-6. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. 5. The subject property is located within the coastal zone. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITYACT DETERMINATION. This project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 Class 3 (New Construction or Conversion of Small Structures) which includes construction of a single-family residence and related accessory structures in a residential zone. The proposed improvements consist of an entry walkway with stairs, a retaining wall to support the existing grade of a neighboring property, and garden walls and pilasters within the public right-of-way are accessory to the development of a single-family home. SECTION 3. REQUIRED FINDINGS. In accordance with City Council Policy L-6, Encroachments in the Public Rights -of -Way, the following findings and facts in support of such findings are set forth: Planning Commission Resolution No. PC2019-001 Pape 2 of 4 Finding: A. The proposed private improvements do not presently diminish the rights of the public along the Ocean Boulevard right-of-way. Facts in Support of Finding: The proposed improvements do not hinder the present or future use of the public right-of-way, including sidewalks, and there are no existing City utilities located within the encroachment area. 2. The proposed private improvements do not impede coastal public access, degrade visual quality of public coastal view, or have any potential impact to sensitive habitat in the Coastal Zone for the following reasons: a. The property is steeply sloped so the proposed private improvements, which do not exceed 36 -inches in height, do not degrade the public coastal view. b. The proposed private improvements do not impede public vehicular or pedestrian access as there are no City streets, alleys or sidewalks within the proposed encroachment area. c. The proposed private improvements do not impede access to City utilities as no City utilities exist within the proposed encroachment area. 3. The encroachment permit is subject to an encroachment agreement and one term of the agreement is to remove the improvement should it interfere with future public needs. Finding: B. The individual circumstances applicable to this application and the proposed encroachment are consistent with the public interest. Facts in Support of Finding: 1. The proposed improvements support the adjacent slope within the Ocean Boulevard right-of-way parkway area. The proposed improvements appear complimentary to the area as adjacent neighbors have similar private encroachments within the Ocean Boulevard right-of- way that are permitted through an encroachment permit and agreement. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: Planning Commission Resolution No. PC2019-001 Paqe 3 of 4 The Planning Commission of the City of Newport Beach hereby waives City Council Policy L-6 and approves Encroachment Permit No. N2018-0496, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. This action shall become final and effective fourteen (14) days following the date this Resolution was adopted unless within such time an appeal or call for review 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 17th DAY OF JANUARY, 2019. AYES: Ellmore, Kleiman, Koetting, Kramer, Lowrey, Weigand and Zak NOES: ABSENT: Planning Commission Resolution No. PC2019-001 Paae 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL The proposed encroachment shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval. 2. The proposed encroachment is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Encroachment Permit and any associated Encroachment Agreements. 4. The Applicant shall enter into an Encroachment Agreement within one (1) calendar year upon receipt of approval, otherwise this approval shall automatically expire. 5. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Fischer Residence Encroachment Permit including, but not limited to, Encroachment Permit No. N2018-0496 (PA2018-281). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.