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HomeMy WebLinkAbout1781 - APPROVE PA2008-193 _16 BAY ISLANDRESOLUTION NO. 1781 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING PA2008 -193 TO EXCEED THE 24- FOOT HEIGHT LIMITATION ON BAY ISLAND DEPICTED IN USE PERMIT NO. 3618. (PA2008 -193) WHEREAS, an application was filed by George Seitz, Architect, on behalf of the McKeehan Family Trust, property owner(s), with respect to property located at 16 Bay Island; and WHEREAS, The proposed project includes the addition of 655 square feet to and remodel of an existing single - family dwelling. The addition enlarges the size of existing rooms on the first and second floors. The proposed roof midpoint height is 27 feet 7 inches which exceeds the 24 -foot height limitation by 3 feet 7 inches. The proposed roof ridge height is 30 feet 8 inches which exceeds the allowable roof ridge height by 1 foot 8 inches; and WHEREAS, on November 24, 1997, the City Council approved Use Permit No. 3618 to implement a Planned Residential Development (PRD) Overlay which modifies the Multi - Family Residential (MFR) land use and property development regulations for Bay Island; and WHEREAS, the purpose of PRD Overlay is to ensure that the single - family detached character of Bay Island is maintained; and WHEREAS, pursuant to Section 1.5.5 (Building Height) of Use Permit No. 3618, the height limitation for a dwelling is 24 feet; and WHEREAS, the height limitation may be increased to 28 feet if the proposed dwelling is deemed compatible and consistent with the height and scale of adjacent and surrounding dwellings by the Planning Commission. No other factors need be considered; and WHEREAS, the majority of dwelling units on Bay Island are taller than the subject dwelling because they were constructed prior to 1972 when the former R -3 Zoning District height limit was 35 feet; and WHEREAS, because so many dwellings were built pursuant to a height limitation of 35 feet and exceed the 24 -foot height limitation, the height and scale of the proposed remodel and addition is compatible and consistent with the height and scale of adjacent and surrounding dwellings; and WHEREAS, a single - family dwelling is consistent with the General Plan Land Use Element designation of Multiple -Unit Residential Detached (RM -D); and City of Newport Beach Planning Commission Resolution No. _ Paqe 2 of 3 WHEREAS, a single - family dwelling is consistent with the Multi - Family Residential (MFR) zoning district with a Planned Residential Development (PRD) Overlay; and WHEREAS, a public hearing was held on February 19, 2009, in the City Hall Council Chambers located 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, were presented to and considered by the Planning Commission at this meeting; and WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) or 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, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS: Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Planning Activity No. PA2008 -193, subject to the Conditions of Approval in Exhibit "A ". 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 19" DAY OF FEBRUARY, 2009. M M AYES: Eaton, Unsworth, Hawkins, Peotter, Toerge and Hillgren EXCUSED: McDaniel City of Newport Beach Planning Commission Resolution No. Page3of3 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plan, and elevations stamped with the date of January 27, 2009, except as noted in the following conditions. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Automatic fire sprinklers shall be installed in conformance with the requirements specified by the Newport Beach Fire Department. 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.