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HomeMy WebLinkAbout1736 - APPROVE MD_1132 EBBTIDE ROADRESOLUTION NO. 1736 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH MODIFYING THE ZONING ADMINISTRATOR'S APPROVAL OF MODIFICATION NO. 2007 -050 FOR PROPERTY LOCATED AT 1132 EBBTIDE ROAD (PA 2007 -111) WHEREAS, an application was filed by Mr. and Mrs. Paul Fruchbom with respect to property located at 1132 Ebbtide Road, and legally described as Lot 77 of Tract 2202, requesting approval of a modification permit to exceed the 3 -foot height limit for fences, hedges and accessory structures within the required 86 -foot front yard setback with the retention of the following elements: 1) hedges; 2) a portion of an entry gate; 3) a pilaster; and 4) a sculpture. The request also included the addition of a new 11 -foot- high sculpture within the front setback and the retention of an existing 9.5- foot -high vehicle access gate located in the 6 -foot side yard setback; and WHEREAS, at a noticed public hearing held on August 20, 2007, the Zoning Administrator considered the application, plans and evidence, both written and oral, and approved Modification Permit No. 2007 -050 with conditions restricting the height of the hedges; and WHEREAS, on August 27, 2007, Planning Commissioner Michael Toerge initiated an appeal of the Zoning Administrator's approval of Modification Permit No. 2007 -050 on the grounds that the proposed modification fails to meet all three of the required findings necessary to approve the request; and WHEREAS, pursuant to Section 20.95.060 C, a public hearing on an appeal is conducted "de novo ", meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the appeal was filed. The appellate body is not bound by the decision being appealed or limited to the issues raised on appeal; and WHEREAS, a public hearing on the appeal of the Zoning Administrator's decision to approve Modification Permit No. 2007 -050 was held on October 18, 2007 in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. The application, plans, a staff report and evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, the property is designated Single -Unit Residential Detached by the General Plan Land Use Element and Local Coastal Program Land Use Plan and zoned R- 1-B (Single - Family Residential). The existing residential structure is consistent with these designations. The existing hedges, portion of entry gate, pilaster, existing and proposed sculptures, and existing vehicle gate are accessory to the primary use; and WHEREAS, with the exception of the sculptures, the Planning Commission concurs with the Zoning Administrator's findings for approval of Modification Permit No. 2007 -050, City of Newport Beach Planning Commission Resolution No. 1736 Pape 2 of 4 WHEREAS, it was determined that approval of a modification for specific works of art are inappropriate; therefore, the Zoning Administrator's approval of Modification Permit No. 2007 -050 shall be modified to eliminate the sculptures from the approval; and WHEREAS, the proposed project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA). The exemption includes the addition of accessory structures to an existing structure; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Modification Permit No. 2007 -050 as modified, subject to the Conditions 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 18th DAY OF OCTOBER 2007. AYES; Cole, Hawkins, McDaniel and Hillgren NOES: Eaton. Peotter and Toegge BY: Robert Hawkins, Ch irman qua City of Newport Beach Planning Commission Resolution No. 1736 Paqe 3 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL MODIFICATION PERMIT NO. 2007 -050 1. The development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted in the following conditions. 2. Anything not specifically approved by this Modification Permit is prohibited and must be addressed in a separate and subsequent Modification Permit review. 3. The existing 6 -foot high pilaster and portion of entry gate encroaching 46 feet into the 86 -foot front yard setback shall be retained at their present height. The existing hedge encroaching approximately 74 feet into the required 86 -foot front yard setback may be retained and shall be regularly maintained in height to between 6 and 7 feet, and in no case shall it exceed a maximum height of 7 feet measured from the immediately adjacent grade elevation of the interior front yard. 4. The placement of new trees (in accordance with the definition of the Municipal Code) located within the 86 -foot front yard setback, along the northeasterly property line shall be adequately spaced and shall not create a hedge or screen planting, and shall receive review and approval by the Planning Department prior to installation. 5. The existing driveway access gate (approximately 9.5 feet in height measured from the adjacent sidewalk) may be retained in its present configuration and shall not exceed present height. Application and plans for building permit for the as- built installation shall be submitted within 30 days of the effective date of this approval and a building permit shall be obtained within 60 days of the effective date of this approval. 6. In order to provide adequate sight distance at the intersection of Ebbtide Road and Crown Drive, the height of existing plantings shall be reduced to 24 inches maximum within the sight distance triangle, per City Standard 110 -L, unless otherwise approved by the Public Works Department. This reduction in height of plantings within the sight distance triangle shall be subject to review and approval prior to issuance of building permits, unless otherwise approved by the Public Works Department. 7. Modification Permit No. 2059 approved a 6 to 7 foot fence along the northeasterly property line encroaching 38 feet into the 86 foot front setback. The existing hedge along the property line is limited from 11 to 12 feet in height and will terminate 38 feet into the required 86 -foot front setback, shall be regularly maintained in height to between 11 and 12 feet, and in no case shall it exceed a maximum height of 12 feet measured from the immediately adjacent grade elevation of the interior front yard. City of Newport Beach Planning Commission Resolution No. 1736 Paqe 4 of 4 8. If any of the existing public improvements surrounding the site is damaged by private work, new concrete sidewalk, curb and gutter, street pavement, and other public improvements will be required by the City at the time of completion of private construction. Said determination and the extent of the repair work shall be made at the discretion of the Public Works inspector. 9. 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. 10. Prior to issuance of building permits, the applicant shall submit to the Planning Department an additional copy of the approved architectural plans for inclusion in the Modification Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11- inches by 17- inches. The plans shall accurately depict the elements approved by this Modification Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 11. A building permit shall be obtained for the as -built sculpture and the vehicle access gate installation, prior to commencement of construction. 12. A copy of this approval letter shall be incorporated into the Building Department and field sets of plans prior to issuance of the building permits. 13. All work performed within the public right -of -way shall be reviewed and approved by the Public Works Department under an encroachment permitlagreement, if required. 14. This approval shall expire unless exercised within 24 months from the approval date, as specified in Section 20.93.055 of the Newport Beach Municipal Code. Prior to the expiration date of this approval, an extension may be approved in accordance with Section 20.93.055 (B) of the Newport Beach Municipal Code. Requests for an extension must be in writing.