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HomeMy WebLinkAbout1808 - DENY MD _2949 CLIFF DRIVERESOLUTION NO. 1808 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING MODIFICATION PERMIT NO. MD2009 -030 FOR THE FOLLOWING ENCROACHMENTS INTO REQUIRED SETBACKS: UP TO 1 FOOT INTO THE 4- FOOT SIDE YARD SETBACK FOR A 10- FOOT -10- INCH -HIGH PORTION OF AN OUTDOOR ROOM; UP TO 5 FEET 4 INCHES INTO THE 10 -FOOT REAR YARD SETBACK FOR AN 11 -FOOT- 3- INCH -HIGH PORTION OF AN OUTDOOR ROOM; AND 5 FEET 4 INCHES INTO THE 10 -FOOT REAR YARD SETBACK FOR A 14- FOOT -3- INCH -HIGH EXTERIOR FIREPLACE LOCATED AT 2949 CLIFF DRIVE (PA2009 -149). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Antonio Cagnolo with respect to property located at 2949 Cliff Drive, and legally described as First Add to Newport Heights Portion of Lot 3, Block B, requesting approval of Modification Permit No. MD2009 -030. 2. The applicant proposed the following encroachments into required setbacks: • A 10- foot -10 -inch high portion of the outdoor room a minimum of 10 inches to a maximum of 1 foot into the 4 -foot side yard setback. This encroachment spans 22 lineal feet. • An 11- foot -3 -inch high portion of the outdoor room a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches into the 10 -foot rear yard setback. This encroachment spans 29 lineal feet. • 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. 3. At a noticed public hearing held on February 11, 2010, the Zoning Administrator considered the application, plans, and written and oral evidence presented at this meeting, and denied Modification Permit No. MD2009 -030 based on findings of denial. 4. On February 26, 2010, an appeal of the Zoning Administrator's decision to deny Modification Permit No. MD2009 -030 was filed with the Planning Department. 5. The subject property is located within the Single - Family Residential (R -1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). Planning Commission Resolution No. 1808 Paae 2 of 3 6. A public hearing was held on May 20, 2010 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting 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 meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). 2. The accessory structures are alterations that involve no expansion of use. SECTION 3. FINDINGS The Planning Commission finds as follows consistent with the Zoning Administrator's decision: 1. The subject property is located in the R -1 Zoning District and has a required 10 -foot rear yard setback and required 4 -foot side yard setbacks. The Zoning Code allows certain structures up to a height of 6 feet within required rear and side yard setbacks. 2. The natural grade of the property slopes downward in the southwest corner of the rear yard; however, it does not restrict the use of the large rear yard area of the 10,737 - square -foot lot. The applicant states that a previous modification, which allowed the addition of an elevated concrete backyard deck, created the ability to use the sloping rear yard area and that the proposed encroachments are requested to take advantage of the limited side yard area. However, the existing backyard deck area allows for use of a large rear yard area providing sufficient space for patio structures and an exterior fireplace without encroachments into the required rear and side yard setbacks, meeting requirements of the Code for this particular property. Staff finds no practical difficulties or physical hardships associated with the property to allow for the encroachments. 3. The Appealed action and the requested Modification would not be compatible with existing development in the neighborhood as similar encroachments do not exist. The rear yard encroachment is adjacent to a vacant lot; however, it could create incompatibility with future development of the vacant lot with a single - family dwelling. Development of the vacant lot would require a 10 -foot rear yard setback consistent with R -1 zoning and the subject property would not provide the required 10 -foot rear yard setback leaving less separation between single family dwellings than the zoning requirements intend to create. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: FAUsers\PLMShared\PA's\PAs - 2009 \PA2009- 149\Appeal Planning Commission Resolution No. 1808 Pape 3 of 3 1. The Planning Commission of the City of Newport Beach hereby denies the Appeal and affirms the Zoning Administrator's denial of Modification Permit No. MD2009 -030. 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 20"' DAY OF MAY, 2010. AYES: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren NOES: None / BY: I f R bert H wkins, Chairman BY: I , Charles Unsworth, S cretary F:1UserslPLNlShared1PA's1PAs - 20091PA2009- 149Wppeal