HomeMy WebLinkAbout1951 - DIRECTOR'S DETERMINATION TO MODIFY GARAGE SETBACK - 1909 Yacht TruantRESOLUTION NO. 1951
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING STAFF APPROVAL
NO. SA2014 -012 FOR A MODIFIED GARAGE SETBACK OF 5
FEET TO 10 FEET FOR PROPERTY LOCATED AT 1909 YACHT
TRUANT (PA2014 -086)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Tim Francis, on behalf of Tom Schauppner, Property Owner,
with respect to property located at 1909 Yacht Truant, and legally described as Lot 39 of
Tract 9260, requesting a staff approval for a modified garage setback.
The applicant requests to modify the required garage setback as approved on the final
setback map for Tract 9260. The approved setbacks are 30 feet for the house and 20
feet for the garage. The applicant requests to change the garage setback to a varied
setback between 5 feet and 10 feet.
The subject property is located within the Broadmoor & Pacific View Planned Community
(PC -18) Zoning District and the General Plan Land Use Element category is Single -Unit
Residential Detached (RS -D).
4. The subject property is not located within the coastal zone.
A final setback map was reviewed and approved by the Community Development
Director (Director) when the Broadmoor & Pacific View Planned Community (PC -18)
was developed. The PC -18 Development Plan states that the Director shall review
future modifications of the setbacks shown on the map in view of setbacks listed in the
development plan and /or sound planning principles. To ensure surrounding property
owners are notified, the Director referred the request to the Planning Commission for
consideration and final action.
A public hearing was held on July 17, 2014, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. 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.
The project is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land
Use Limitations). Class 5 exempts 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. The proposed project will alter the required setbacks, but will not
Planning Commission Resolution No. 1951
Page 2 of 3
result in any physical change to the lot or existing structure, or any changes in land
use or density.
SECTION 3. FINDINGS.
1. The application of the required 20 -foot garage setback is inconsistent with other
garage setbacks in the vicinity and is not necessary to preserve open space, visual
interest, and neighborhood compatibility.
2. The modified garage setback of between 5 feet and 10 feet will not be detrimental to
the neighborhood, and will provide adequate access to the subject property, adequate
natural light and ventilation, and adequate variation in setbacks from the street.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Staff Approval
No. SA2014 -012, subject to the setbacks set forth in Exhibit A, which is attached hereto
and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted 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 17TH DAY OF JULY, 2014.
AYES: BROWN, KOETTING, KRAMER, LAWLER, MYERS, AND TUCKER
NOES: NONE
ABSTAIN: NONE
ABSENT: HILLGREN
Larry Tucker, Chair
ME
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