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Home My WebLink About2010-116 - Cliff Drive Modification PermitRESOLUTION NO. 2010 -116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2009 -030 FOR THE ENCROACHMENT OF AN EXISTING OUTDOOR FIREPLACE INTO A REQUIRED REAR SETBACK (PA2009 -149). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Antonio Cagnolo owner of property located at 2949 Cliff Drive, legally described as First Add to Newport Heights Portion of Lot 3, Block B, requesting approval of Modification Permit No. MD2009 -030 to allow portions of an existing outdoor room and exterior fireplace into required side and rear setbacks. 2. 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 after determining that the applicant provided no facts to support the findings required to approve a modification permit. 3. On February 26, 2010, an appeal of the Zoning Administrator's decision to deny Modification Permit No. MD2009 -030 was filed Antonio Cagnolo with the Planning Department. 4. The Planning Commission held a public hearing 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. The Planning Commission considered evidence, both written and oral presented at this meeting, and affirmed and upheld the Zoning Administrator's decision and denied Modification Permit No. MD2009 -030. 5. The City Council held a public hearing on July 27, 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 City Council at this meeting and the City Council affirmed and upheld the Planning Commission's decision and denied Modification Permit No. MD2009 -030. 6. On August 10, 2010, the City Council voted unanimously to reconsider appeal. 7. A public hearing was held on October 12, 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 City Council at this meeting. City Council Resolution No. 2010 -116 Page 2 of 4 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The accessory structures are alterations that involve no expansion of use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.93.030 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The granting of this application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: Al. The existing outdoor fireplace is in the optimal location in that a significant portion of the fireplace loads are transmitted directly to the supporting soil and not to the deck structure. A2. The existing deck was authorized to exceed the height limit and to encroach into the side and rear setbacks by a modification permit in 1995 in order to provide a usable area on a topographically - constrained portion of the subject property. A3. Strict application of the Zoning Code would preclude common accessory structures from being constructed on the deck, which is contrary to the 1995 modification permit approval and inconsistent with the purpose and intent of the modfication permit process provided for in the Zoning Code. Finding: B. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: B1. The outdoor fireplace is of a common design and does not present any compatibility issues with other improvements that distinguish the neighborhood from other areas within the City. City Council Resolution No. 2010 -116 Pace 3 of 4 Finding: C. The granting of this Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. Facts in Support of Finding: C1. The project has been conditioned to require that the applicant obtain building permits to insure that the project fully complies with the California Building Code. C2. The design and location of the outdoor fireplace will not significantly interfere with provision of adequate air and light on an adjacent property, adversely impact use of a public right -of -way, impede access by public safety personnel, result in excessive noise, vibration, dust, odors, glare, or electromagnetic interference, interfere with safe vehicular sight distances, or result in a substantial invasion of privacy. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach does hereby approve Modification Permit No. MD2009 -030, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. PASSED, APPROVED AND ADOPTED THIS 12th DAY OF OCTOBER, 2010. ATTES WU� CITY CLERK G MAYOR City Council Resolution No. 2010 -116 Page 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL MODIFICATION PERMIT NO. MD2009 -030 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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 Use Permit. 4. 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. 5. The applicant shall obtain any required permits from the California Coastal Commission. 6. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 7. The outdoor fireplace shall be restricted to gas- burning only 8. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055 of the Newport Beach Municipal Code, unless an extension is approved prior to the expiration date of this approval, in accordance with Section 20.93.055.13 of the Newport Beach Municipal Code. Building Department Conditions 9. The applicant shall be required to submit all applicable building permit applications on or before November 30, 2010 and obtain all applicable building permits on or before January 12, 2011. Failure to comply with this condition shall immediately result in the issuance of administrative citations in accordance with Chapter 1.05 of the Newport Beach Municipal Code. 10. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2010 -116 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of October, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of October, 2010. City Clerk Newport Beach, California (Seal)