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HomeMy WebLinkAbout1638 - APPROVE MD_1931 PORT LAURENT PLACERESOLUTION NO. 1638 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH OVERTURNING THE MODIFICATIONS COMMITTEE'S DECISION AND APPROVING MODIFICATION PERMIT NO. 2004 -020 AS PROPOSED BY THE APPLICANT FOR PROPERTY LOCATED AT 1931 PORT LAURENT PLACE (PA2004 -051) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Bruce Harrington, with respect to property located at 1931 Port Laurent Place, and legally described as Lot 51 of Tract 7031, requesting an approval of a Modification Permit to allow the construction of a freestanding fireplace, with an overall height of 10 feet and 9 feet in width, to encroach 7 feet, 6 inches into the required 10 -foot rear yard setback. WHEREAS, the Modifications Committee, on April 7, 2004, voted 3 ayes and 0 noes to approve a modified project by limiting the encroachment of the fireplace to 5 feet within the required 10 -foot rear yard setback, reducing the height to 8 feet tall, and limiting the width to 9 feet wide. WHEREAS, the applicant filed an appeal of the Modifications Committee on April 21, 2004. WHEREAS, in preparation of the appeal, it was discovered that the countertop and built -in barbeque located in the northwest corner of the property encroach in the side and rear yard setbacks. These structures are not permitted encroachments pursuant to the Harbor View Hills Planned Community District or Section 20.60.030 of the Zoning Code. This encroachment was not considered by the Modifications Committee. WHEREAS, a public hearing was held on May 20, 2004, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the General Plan Land Use designation for the property is Single Family Detached, and the lot is zoned PC (Newport Hills Planned Community) District. WHEREAS, the encroachment of the fireplace proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and the Harbor View Hills Planned Community District Standards based on the following findings: City of Newport Beach Planning Commission Resolution No. Page 2 of 5 1. The highest portion of the fireplace will exceed the height allowed for a wall or fence within the side and rear setbacks, but is limited to a width of 9 feet, established for that zoning district. 2. The placement of the fireplace at 2 feet 6 inches from the rear property line is a minor encroachment into the required 10 -foot rear yard. 3. The freestanding fireplace is an accessory structure generally located on residential properties. 4. There is no adjoining residence to the north. 5. The neighboring residence to the rear is situated below the subject property and the height of the fireplace was reduced to eliminate potential visual impact. 6. There is a neighborhood park adjoining subject property adjacent to the side property line which is not considered a sensitive land use. 7. The front and side yard setbacks will be maintained. 8. The proposed fireplace will not obstruct public views from adjacent public roadways or parks because there are no public views through or across the subject property affected by the proposed fireplace. WHEREAS, the encroachment of the countertop and barbeque unit in the rear and side yard setbacks will not be detrimental to persons, property or improvements in the neighborhood or increase any detrimental effect of the existing use for the following reasons: 1. The barbeque unit with a new countertop will not be a nuisance to the adjoining property located to the rear of the subject property as this resident is situated below the subject property grade of approximately 20 feet and has dense landscaping along the rear property line for screening. The distance between barbeque unit and this resident is approximately 40 feet; therefore, smoke and /or odor from the barbeque unit would not be an issue. 2. There is no adjoining residence to the west. 3. There are no public views through or across the subject property affected by the proposed barbeque unit. 4. The barbeque unit and a new 36 -inch high countertop will be no higher than the height of an allowed fence or wall. City of Newport Beach Planning Commission Resolution No. Page 3 of 5 WHEREAS, the project is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby overturns the Modifications Committee's decision and approves Modifications Permit No. 2004 -020 (PA -2004 -051) as proposed by the applicant, subject to the Conditions of Approval set forth in Exhibit "A ". Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provision of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF MAY 2004. AYES: Cole, Toerae, Selich and Tucker NOES: Eaton, McDaniel and Kiser BY�li Earl McDaniel, Chairman BY: d f k'io� !'t"`, Michael Toerge, Secretary City of Newport Beach Planning Commission Resolution No. _ Paae 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL MODIFICATION PERMIT NO. 2004 -020 1. The development shall be in substantial conformance with the approved plans dated April 13, 2004, except as noted in the following conditions. 2. Prior to issuance of building permits, the property corner markers at the rear of the lot shall be located and said information shall be included with the plans submitted for building permits to the Building Department. If the property corners are not located, a survey shall be performed to locate the property corners at the rear property line and said survey shall be included with the plans submitted for building permits to the Building Department. The corner survey shall be recorded with the County. 3. The fireplace structure shall maintain a minimum rear yard setback of 2 feet 6 inches from the rear property line. The fireplace shall also maintain the minimum 5 -foot side yard setback distance from the side property line. 4. The highest part of the fireplace structure or spark arrestor shall measure no higher than 10 feet measured from the existing grade directly below it. The width of the complete fireplace structure shall be limited to 9 feet wide. 5. The structures shall comply with Building Codes for siting and for appliance requirements. 6. Prior to the final of building permits, the applicant shall obtain approval for revisions to the construction plans that include details for the exterior fireplace and chimney. The revisions shall reflect the height of the chimney and chimney cap /spark arrestor and shall comply with the Uniform Building Code and the Zoning Code. 7. Prior to issuance of the building permits for the fireplace and trellis structures, the property owner shall obtain written approval from the easement holder(s) of the proposed site plan and the location of the proposed improvements within the easement area adjacent to the rear property line. 8. The freestanding fireplace shall be restricted to gas burning only. Wood burning or the burning of any smoke producing combustible product is prohibited, unless the fireplace is relocated outside of the rear yard setback. 9. The barbeque unit shall maintain a minimum side yard setback of 1 foot 6 inches and a minimum rear yard setback of 8 feet. City of Newport Beach Planning Commission Resolution No. Page 5 of 5 10. The countertop shall maintain a minimum side yard setback of 9 inches and a minimum rear yard setback of 1 foot 6 inches. 11. Anything not specifically approved by this Modification Permit is prohibited and must be addressed in a separate and subsequent Modification Permit review. 12. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 13. A building permit shall be obtained prior to commencement of the construction. 14. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055 of the Newport Beach Municipal Code, unless an extension is approved prior to the expiration date of this approval, in accordance with Section 20.93.055 (B) of the Newport Beach Municipal Code. 15. The Modification Permit Letter dated April 7, 2004, is hereby voided from this date forward upon approval of MD2004 -020.