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HomeMy WebLinkAboutPC2019-013 - APPROVING ENCROACHMENT PERMIT NO. N2019-0211 FOR A REQUEST TO CONSTRUCT IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY LOCATED AT 2404 CLIFF DRIVE RESOLUTION NO. PC2019-013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL POLICY L-6 AND APPROVING ENCROACHMENT PERMIT NO. N2019-0211 FOR A REQUEST TO CONSTRUCT IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY LOCATED AT 2404 CLIFF DRIVE (PA2019-064) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Trimar Properties LLC., ("Owner"), with respect to property located at 2404 Cliff Drive, Newport Beach, California requesting approval of an encroachment permit. 2. The Owner requests to install non-compliant improvements within the Cliff Drive public right-of-way including planter walls that encroach up to six (6) feet and four(4) inches 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 (Private encroachments that are prohibited without a waiver and approval) of said policy. 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 May 23, 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 Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. 5. The subject property is not located within the coastal zone. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is categorically exempt from the California Environmental Quality Act Guidelines 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, which consist of planter walls 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. PC2019-013 Page 2 of 4 Finding: A. The proposed private improvements will not be a detriment to the health, safety and welfare of the public. Facts in Support of Finding: 1. 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 encroachment permit is subject to an encroachment agreement and one condition of the agreement is to remove the improvements 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 are consistent with public interest as the existing 3.5- foot wide sidewalk will be widened to a 5-foot wide sidewalk within the Cliff Drive right-of-way. 2. The proposed improvements appear complementary to the area as adjacent properties have similar existing encroachments. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby waives City Council Policy L-6 and approves Encroachment Permit No. N2019-0211, subject to the conditions set forth in Exhibit"A," which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen (14) days following the date this Resolution is 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. Planning Commission Resolution No. PC2019-013 Page 3 of 4 PASSED, APPROVED, AND ADOPTED THIS 23rd DAY OF MAY, 2019. AYES: Ellmore, Kleiman, Koetting, Kramer, Lowrey, Weigand and Zak NOES: ABSTAIN: ABSENT: BY: Peter Zak, C e ow , ,cretary Planning Commission Resolution No. PC2019-013 Page 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL PUBLIC WORKS DEPARTMENT 1. The proposed encroachments shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval. 2. The proposed encroachments are subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Owner 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 Owner 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, Owner 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 Trimar Properties Encroachment (PA2019-064) including, but not limited to, Encroachment Permit No. N2019-0211. 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 Owner, City, and/or the parties initiating or bringing such proceeding. The Owner 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 Owner shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.