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HomeMy WebLinkAbout1994 - APPEAL OF PLANNING DIRECTORS DECISION RE: GRADE TO BE USED TO DETERMINE HEIGHT - 1608 Ocean Front W RESOLUTION NO. 1994 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING THE APPELLANT'S APPEAL TO UTILIZE A HIGHER AVERAGE GRADE AND UPHOLDING THE AVERAGE GRADE ESTABLISHED BY THE COMMUNITY DEVELOPMENT DIRECTOR FOR PURPOSES OF DETERMINING HEIGHT FOR PROPERTY LOCATED AT 1608 WEST OCEAN FRONT (PA2015.120) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On August 11, 2015, an appeal of the Community Development Director's August 6, 2015, establishment of grade was filed by Jeff and Holly Miller (collectively, "Appellant"), with respect to property located at 1608 West Ocean Front, and legally described as Lot 4, Block 16, Section B, of Newport Beach, in conjunction with an approval in concept (AIC) application for the construction of a new single-family residence. 2. The Appellant has filed an appeal of the Community Development Director's establishment of grade for purposes of determining height in accordance with Section 20.30.050 (Grade Establishment) of the Zoning Code for the construction of a new single-family residence. Under the appeal, the Appellant seeks to use a higher average grade than the grade elevations determined by the Community Development Director. The Appellant artificially filled in the front yard and is seeking to use the raised elevation points for purposes of determining height. The Appellant seeks to construct a new single-family residence utilizing an average grade of 12.31 feet (NAVD88 datum) rather than 11.27 feet (NAVD88 datum) as established by the Community Development Director. 3. The Property is located within the R-2 (Two-Unit Residential) Zoning District and the General Plan Land Use Element category is RT (Two-Unit Residential). 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is RT-D (Two Unit Residential). 5. A public hearing was scheduled on September 17, 2015, 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. The Planning Commission voted to continue this item to October 8, 2015, at the request of the Appellant. 6. A public hearing was held on October 8, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. This hearing was continued to a date certain from the September 17, 2015, Planning Commission meeting. Planning Commission Resolution No. 1994 Page 2 of 3 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITYACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. FINDINGS. In this appeal, the Planning Commission finds: 1. The Appellant's suggestion to utilize elevations following the artificial fill of the site is contrary to the definition of, "established grade," as identified in NBMC Section 20.70 (Definitions). The Planning Commission does not consider the topographic conditions resulting from the artificial fill of the Property to be a unique circumstance requiring approval for a higher average grade for purposes of determining height. The Planning Commission, in this case, determined that the average grade proposed by the Community Development Director is consistent with the legislative intent of NBMC Title 20. 2. The grades on adjacent properties are most representative of the existing grade elevations prior to disturbance and alteration on-site. Granting of the higher average grade provides special privileges to the Property that are not granted to similar residential properties in the vicinity. 3. The higher average grade for purposes of determining height as proposed by the Appellant is neither required by code nor necessary for the enjoyment of the Property. As shown through previously approved building permits, the Property can be designed to comply with the requirements of the NBMC and be used for the construction of a new single-family or two-unit residence. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies the appeal and upholds Director's Determination No. 2015-04 (PA2015-120) by the Community Development Director made on August 6, 2015. The Appellant shall utilize the average grade elevation of 11.27 feet (NAVD88 datum) for purposes of determining height at 1608 West Ocean Front. 2. This action shall become final and effective 14 days following the date this Resolution is adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning. 03-03-2015 Planning Commission Resolution No. 1994 Pa e3of3 PASSED, APPROVED, AND ADOPTED THIS 8T" DAY OF OCTOBER, 2015. AYES: Brown, Koetting, Kramer and Weigand NOES: None ABSTAIN: None ABSENT: Hillgren, Lawler and Zak BY: K ra r, hair BY: Pet Koetting Secretary 03-03-2015