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Home My WebLink About1915 - MODIFIED CD DIRECTOR'S DECISION_CANYON DEVELOPMENT STRINGLINES_316 HAZEL DRIVERESOLUTION NO. 1915 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH MODIFYING THE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR AND ESTABLISHING CANYON DEVELOPMENT STRINGLINES PURSUANT TO GENERAL PLAN POLICY NR 23.6 AND COASTAL LAND USE PLAN POLICY 4.4.3 -18 FOR 316 HAZEL DRIVE (PA2013 -443) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On February 7, 2013, the Community Development Director identified canyon development stringlines pursuant to General Plan Policy NR23.6 (Canyon Development Standards) and Coastal Land Use Plan (CLUP) Policy 4.4.3 -18 consisting of a primary structure stringline and an accessory improvements stringline for 316 Hazel Drive, and legally described as Lot 49, Block A, Tract 673. 2. An appeal of the Community Development Director's determination was filed by the property owner Honzen Ou. The appeal requests the approval of canyon development stringlines similar to or identical to that shown on construction documents identified as Building Permit No. X2009 -0835, which was issued on May 24, 2010, and was cancelled on February 9, 2012, at the request of the applicant. 3. The development associated with Building Permit No. X2009 -0835 was determined to be consistent with interim criteria created by Ordinance No. 2007 -3, which is no longer in effect. 4. The subject property is designated Single -Unit Residential Detached (RS -D) by the General Plan Land Use Element allowing the development of a single family residence on the property. The property is also located within Buck Gully and is subject to General Plan Policy NR23.6 (stated below) that provides development standards for the canyon: "Establish canyon development setbacks based on the predominant line of existing development for Buck Gully and Morning Canyon. Do not permit development to extend beyond the predominant line of existing development by establishing a development stringline where a line is drawn between nearest adjacent corners of existing structures on either side of the subject property. Establish development stringlines for principle structures and accessory improvements." 5. The property is designated Single Unit Residential Detached (RSD -B) by the Coastal Land Use Plan allowing the development of a single family residence on the property. Due to the location of the site within Buck Gully, development is subject to CLUP Policy 4.4.3 -18 that provides canyon development standards identical to General Plan Policy Planning Commission Resolution No. 1915 P2*e 2 • qr, NR23.6. The subject property is located within the categorical exclusion area of the coastal zone. 6. The subject property is zoned R-1 (Single-Unit Residential), allowing the development and use of a single-family residence. T A review of the goals and policies detailed in the General Plan and Coastal Land Use Plan, as well as the existing conditions, justifies modification of the Community Development Directors initial determination of the stringline location, as shown in Exhibit A. B. A public hearing was held on Wednesday, April 3, 2013, 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. The item was continued to the April 18, 2013, Planning Commission Meeting. 9. A public hearing was held on Thursday, April 18, 2013, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The meeting was continued to a date certain from the April 3, 2013, Planning Commission Meeting. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The development of the site with a single family residence is categorically exempt from the environmental review pursuant to Section 15303 of the Implementing Guidelines of the California Environmental Quality Act. This exemption covers the new construction or conversion of small structures including one single-family home. SECTION 3. FINDINGS. Finding: A, Development of the subject property to the extent proposed by the appellant does not conform to General Plan Policy NR23.6 and CLOP Policy 4.4.3-18, Facts in Support of Finding: A-1. No canyon development setback based upon a predominant line of existing development has been established pursuant to General Plan Policy NR23.6 and CLUP Policy 4.4.3-18 for Buck Gully or the subject property, A-2. Development to the extent depicted on Building Permit No. X2009-0835 was based on Design Criterion No. 7 relating to landform alteration as established by Ordinance No. 2007-3, which is no longer in effect. Development to the extent depicted on Building 02-13-2013 Planning Commission Resolution No. 1915 Paqe 3 of 6 Permit No. X2009 -0835 would not fall within a development stringline drawn between existing development located on the adjacent properties (312 and 320 Hazel Drive) and would extend beyond said stringline. Finding: B. The development stringlines for principal structures and accessory improvements, as depicted in Exhibit A, are consistent with General Plan Policy NR23.6 and CLUP Policy 4.4.3 -18. Facts in Support of Finding: B -1. In the absence of an established predominant line of development, the stringline method is utilized as prescribed in the policies to determine the appropriate development limit. As specified in the language of the policies, the principal structure and accessory improvement stringlines are drawn from existing development located on the adjacent properties. The principal structure stringline is drawn between the nearest adjacent foundation of the existing principal structures at 308 and 320 Hazel Drive. The accessory improvement stringline is drawn between the existing decks located on adjacent properties at 308 and 320 Hazel Drive. B -2. The subject property at 316 Hazel Drive occurs at a transition between a smaller and larger block in the development pattern along Hazel Drive. The consideration of 312 and 316 Hazel Drive together connects these two development patterns and follows the topography of the canyon to protect Buck Gully as a natural landform and visual resource per General Plan Goal NR23, "Development respects natural landforms such as coastal bluffs." Finding: C. The canyon development stringlines for principal structures and accessory improvements, as depicted in Exhibit A, are consistent with General Plan Policies NR23.1 (Maintenance of Natural Topography) and NR23.7 (New Development Design and Siting). Facts in Support of Finding: C -1. The canyon development stringlines follow the topographic contours of Buck Gully at this location and would reflect the symmetry that occurs in the second block from 312 and 336 Hazel Drive where the drainage pattern curves inward toward Hazel Drive. C -2. The canyon development stringlines keep structures clear of drainage easements and California Coastal Commission and California Department of Fish and Wildlife jurisdictional delineations. Establishing development limits outside of these areas is 02 -13 -2013 Planning Commission Resolution No. 1915 Page 4 of 6 appropriate to minimize alteration of the site's natural topography, minimize physical impacts to habitat areas, and facilitate permit processing for applicants. 02-13-2013 • I IT • • ! t ITLT117r, • Pacie 5 of SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby modifies the Community Development Director's decision and establishes canyon development stringlines for 316 Hazel Drive, subject to the figure set forth in Exhibit A, which is attached hereto and incorporated by reference. 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 18" DAY OF APRIL, 2013, AYES: Ameri, Brown, Hiiigren, Kramer, Myers, and Toerge NOES: Tucker ABSENT: None 140 11:3'1 02 -13 -2013 Planning Commission Resolution No. 1915 Paqe 6 of 6 EXHIBIT "A" 02 -13 -2013 ••t r A 312—Hazel PLOEO. m.d ,. . r � Y l' 9 76 � ® a M r A.jO 61 O f 4' 0 60 4%. r: a rp 4 t w 6 4. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I`w0 1 1 1 1 1 1 I I I I I I C ; a I I . j I II I I I I I I I I I I I I I I I I � Principal Structure Development Limit Canyon Development Stringline N 312 & 316 Hazel Drive 1 Accessory Structure Development Limit �1. California Coastal Commission ! Wetland and California Department of Fish and Wildlife Jurisdiction California Coastal Commission Wetland Impact and California Department of Fish and Wildlife Vegetation Impact