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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 10 Yacht Truant 0 5 10 1909 Yacht Truant mmmmmmmr====== Feet 110 ,3 d��i PA2014 -086 U are' Front Setback Lot 39, Tract 9260 LIPORN� Pi7F �� ]z'[ ?014-0861909 Yacht_ Truant 0711812014 - � • •• -.-