HomeMy WebLinkAboutPA2022-071_20220610_CDD Action Letter COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR ACTION
LETTER
Subject: Rasic Setback Determination (PA2022-071)
▪ Staff Approval No. SA2022-002
Site Location 1761 Port Manleigh Circle
Applicant William Guidero, Architect
Legal Description Lot 64 of Tract 6938
On June 10, 2022, the Community Development Director approved Staff Approval No.
SA2022-002. This approval is based on the following findings and subject to the following
conditions.
SUBJECT PROPERTY LAND USE AND ZONING
• General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached)
• Zoning District: PC3 (Harbor View Hills)
I. PROJECT DESCRIPTION
The subject property is located in the Harbor View Hills Planned Community (PC3), on the
western corner of West Newport Hills Drive and Port Manleigh Circle. The lot is relatively
flat lot that is triangular in shape. The current 18.5-foot front setback requirement for the
property was established through Modification Permit No. MD2755, approved in 1982. The
applicant proposes to maintain the front yard setback approved by Modification Permit No.
MD2755 to allow for a new single-family home to be constructed at this distance from the
property line.
II. BACKGROUND
The subject property is located in Sub-Area 4 of the Planned Community. Section IV (Low
Medium Density Residential Areas 1, 2, 3, 4 and 7) of the Harbor View Hills Planned
Community District Regulations states:
The Community Development Director shall review said map in view of setbacks
listed in this ordinance and/or sound planning principles and shall either approve,
modify, disapprove the setbacks shown, or refer the matter to the Planning
Commission for a determination. In the case of modification or disapproval, the
applicant may appeal to the Planning Commission for further consideration.
Rasic Setback Determination (PA2022-071)
June 10, 2022
Page 2
Tmplt: 07/25/19
The applicant is requesting that the Community Development Director establish different
setbacks for the subject property pursuant this provision.
III. Environmental Review
The project is categorically exempt under Section 15305, of the California Environmental
Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). The
project involves a change in front setback established on a Setback Map, which is
consistent with this exemption.
IV. FINDINGS
A. The project is consistent with all applicable provisions of this Zoning Code.
Facts in Support of Finding:
1. The subject property is located in the PC-3 (Harbor View Hills Planned
Community) where specific development standards are established for this
community. Development is dictated by the Harbor View Hills Planned
Community District Regulations.
2. The proposed setback change is consistent with allowances made in the Harbor
View Hills Planned Community District Regulations.
3. The proposed single-family residence, separate from this review, will comply with
all other applicable requirements Harbor View Hills Planned Community District
Regulations of the Zoning Code.
Finding:
B. The project does not involve a feature that was a basis for or subject of findings or
exemptions in a negative declaration or Environmental Impact Report.
Facts in Support of Finding:
1. This project is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines – Class 5 (Minor Alterations in
Land Use Limitations). The Class 5 exemption allows for minor alterations in land
use limitations in areas with an average slope of less than 20 percent, which do
not result in any changes in land use or density, including but not limited to set
back variances not resulting in the creation of any new parcel. The project
involves a change in the front setback established on as part of a Modification
Permit, which is consistent with this exemption. Therefore, the proposed scope
of work is consistent with the scope allowed under the Class 5.
Rasic Setback Determination (PA2022-071)
June 10, 2022
Page 3
Tmplt: 07/25/19
2. The exceptions to this categorical exemption under Section 15300.2 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.
3. An initial study was conducted in 1980, as part of a General Plan Amendment for
the original development of the community and the Harbor View Hills Planned
Community District Regulations allowed for setback changes through this
established process (with Director’s authorization). As a result, the
implementation of the regulation to establish setbacks for individual lots was
determined not to have a significant impact on the environment, or that any
negative impacts have been mitigated, as required by CEQA.
Finding:
C. The project does not involve a feature that was specifically addressed or was the
subject of a condition(s) of approval for the project or that was a specific consideration
by the applicable review authority in the project approval.
Facts in Support of Finding:
1. The Harbor View Hills Planned Community District Regulations specifically allows
modifications to setbacks with Community Development Director approval as
referenced in the Background section above. Any proposed modification of
setbacks must be reviewed by the Community Development Director, individually.
Therefore, the proposed setback modification has been considered and found to
be acceptable with meeting the intent to provide articulation along the Port
Manleigh Circle street frontage.
2. The proposed setback was previously approved for the existing single-family
residence as part of Modification Permit No. MD2755. The modification permit
allowed for alterations and additions to the existing residence that encroached 6
feet 6 inches into the required 25-foot front setback off of Newport Hills Drive and
8-foot 6-inches into the required 26-foot setback off of Port Manleigh Circle. The
Zoning Code has since been updated to designate Port Manleigh circle as the
26-foot front setback and Newport Hills Drive as a 10-foot rear setback. The
proposed residence would continue to provide an 18-foot 6-inch front setback off
of Port Manleigh Circle, consistent with the pattern of existing development.
Finding:
D. The project does not result in an expansion or change in operational characteristics
of the use.
Facts in Support of Finding:
Rasic Setback Determination (PA2022-071)
June 10, 2022
Page 4
Tmplt: 07/25/19
1. The property is regulated by PC-3 (Harbor View Hills Planned Community, Sub-
Area 4) and allows for the development of a single-family residence. The
development of a new single-family home is proposed in the near future. The
Director’s concurrence is identified as the established process to modify the
setbacks in the PC-3 (Harbor View Hills Planned Community) text.
2. No change in density or the number of units is proposed as part of this project;
therefore, the proposed change in setbacks will not result in an expansion or
change in the characteristics of the use.
3. The proposed development of the lot will continue to maintain varying setback
distances and articulation along the Port Manleigh Circle street frontage
consistent with the intent of the planned community district regulations. The
adjacent property to the west has a front setback of 27 feet and will maintain some
level of variation along the street frontage.
V. CONDITIONS
1. The development shall be in substantial conformance with the approved site plan
stamped and dated with the date of this approval (except as modified by
applicable conditions of approval).
2. Future development of the property will conform to all other development
standards of the Harbor View Hills Planned Community District Regulations, and
the Zoning Code, where applicable.
3. Any change to the 18.5-foot front setback shall require the review and approval
of the Community Development Director and possibly an amendment to this Staff
Approval.
4. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
5. 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 approval.
6. This Staff Approval may be modified or revoked by the Community Development
Director if determined that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated
or maintained so as to constitute a public nuisance.
7. To the fullest extent permitted by law, applicant shall indemnify, defend and
hold harmless City, its City Council, its boards and commissions, officials,
Rasic Setback Determination (PA2022-071)
June 10, 2022
Page 5
Tmplt: 07/25/19
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 the Rasic Setback Determination including, but not limited to,
Staff Approval No. SA2022-002 (PA2022-071). 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.
APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers). For additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
Approved by:
MKN/cnc
Attachments:
CD 1 Vicinity Map
CD 2 Applicant’s Project Description
CD 3 Modification Permit No. MD2755 Site Plan
CD 4 Proposed Setback Exhibit
Attachment No. CD 1
Vicinity Map
Tmplt: 07/25/19
VICINITY MAP
Staff Approval No. SA2022-002
(PA2022-071)
1761 Port Manleigh Circle
Subject Property
Attachment No. CD 2
Applicant’s Project Description
~uohGV1 o-i VleM.J ho me. 4-,o q l k,tu
OVJ @i f ot¼I) b Jl. ~ ~//1:.}-2-t,
1
S r'.6,
+ o evi ('.Y aid/"\ £> 1-r;/' .
~ '7 tewt ~ 1 r 1\.JV VV!,,ock P-t utWv'I J
PA2022-071
Attachment No. CD 3
Modification Permit No. MD2755 Site Plan
Attachment No. CD 4
Proposed Setback Exhibit