HomeMy WebLinkAboutExhibit 1 (2)DRAFT RESOLUTION
EXHIBIT 1
15
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NEWPORT BEACH DENYING
MODIFICATION PERMIT NO. 2008 -020 FOR
PROPERTY LOCATED AT 2223 PACIFIC DRIVE (PA
2007 -176)
WHEREAS, an application was filed by Brion Jeannette on behalf of Mr. Frank
Powers, property owner, with respect to property located at 2223 Pacific Drive, requesting a
Modification Permit to exceed the 3 -foot height limitation in the front yard setback to allow for
a vehicular- bridge driveway, for guardrails associated with the vehicular- bridge driveway, and
for walls located at the side property lines.
WHEREAS, a public hearing was held on June 19, 2008 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 Planning Commission finds as follows:
1. The proposed vehicular -bridge driveway is designed with a 3 percent slope, which
causes the structure to exceed the height limit by 9 feet 2 inches. Additionally, the
vehicular- bridge driveway will require guardrails, which will exceed the height limit by 13
feet 6 inches.
2. A driveway constructed per City Standard STD - 160 -L -C maximum 15 percent slope
standard in the 24 -foot front yard setback would exceed the 3 -foot height limit by
approximately 7 feet; therefore, the proposed modification would result in more relief than
is necessary to provide a driveway to the garage.
3. The proposed modification is not necessary due to practical difficulties associated with
the property and that the strict application of the Zoning Code will not result in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code.
4. The adjacent properties have sloping driveways that are similar to the maximum STD -
160-L-C standard.
5. The proposed vehicular- bridge driveway structure requires cutting into the bluff
underneath the driveway instead of filling underneath the driveway similar to the
adjacent properties, which is inconsistent with Land Use Element Policy LU 5.6.1,
which requires that buildings and properties be designed to ensure compatibility within
and as interfaces between neighborhoods, districts, and corridors.
6. The proposed project does not provide landscaping in the front yard setback at street
level, which is inconsistent with Land Use Element Policy LU 5.1.6, which requires that
0
Planning Commission Resolution No.
Page 2of2
residential front setbacks and other areas visible from the public street be attractively
landscaped and driveway and parking paving minimized.
7. The proposed modification will not be compatible with existing development in the
neighborhood.
8. The subject property is located on a coastal bluff designated by the Coastal Land Use
Plan. New development is permitted on the bluff face, provided alterations to the
bluffs are minimized per CLUP Policy 4.4.3 -8.
9. The proposed project does not minimize alteration of the bluff as the grading is
designed to cut into the bluff for below -grade outdoor areas.
10. The proposed vehicular- bridge driveway and patio areas are not arranged to conform
to the contours of the lot as required by Coastal Land Use Plan Policy 4.4.3 -12.B.
WHEREAS, this project has been reviewed and it has been determined that the project
qualifies for a Categorical Exemption pursuant to Section 15303 (New Construction or
Conversion of Small Structures) of Article 19, Categorical Exemptions of the California
Environmental Quality Act as the proposed project is one, single - family residence in a
residential zone that contains no environmentally significant resources on site.
NOW THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby denies
Modification Permit No. 2008 -020 subject to the findings herein.
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 19th DAY OF June 2008.
AM
Robert Hawkins, Chairman
Bradley Hilgren, Secretary
AYES:
NOES:
ABSENT:
1 't