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RESOLUTION NO. PC2021-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY <br />OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL POLICY L-6 (ENCROACHMENTS IN THE PUBLIC RIGHTS-OF-WAY) AND APPROVING ENCROACHMENT PERMIT NO. N2021-0322 TO RETAIN IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY FOR THE PROPERTY LOCATED AT 101 CARNATION <br />AVENUE (PA2021-166) <br /> THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: <br />SECTION 1. STATEMENT OF FACTS. <br /> 1. An application was filed by Brion Jeannette Architecture, (“Applicant”), with respect to property located at 101 Carnation Avenue, commonly known as Aerie, Newport Beach, California and legally described as Lot 1 in Block D, as shown on a map recorded in Book <br />928, Page 49-50 inclusively of Miscellaneous Maps in the office of the County Recorder of <br />Orange County (“Property”), requesting approval of an encroachment permit. 2. The Applicant requests approval to retain non-compliant private improvements including a 42-inch high wrought iron guardrail on top of a 40-inch maximum height retaining wall <br />below the sidewalk elevation that encroaches up to 4 feet 2 inches into the 50-foot wide <br />Carnation Avenue public right-of-way (“Project”). 3. The requested approvals are not specifically provided for within City Council Policy L-6. Thus, the Project is prohibited under Section A (Private encroachments that are prohibited <br />without a waiver and approval) of said policy. Due to this prohibition, the requested <br />encroachment may only be approved upon the waiver of City Council Policy L-6 with approval of the encroachment permit by Planning Commission. 4. The Property is located within the coastal zone. <br /> <br />5. A public meeting was held on August 19, 2021, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with Government Code Section 54950 et seq. (the “Ralph M. Brown Act”) and City Council Policy L-6 (Encroachments in Public Rights- <br />of-Way). Evidence, both written and oral, was presented to, and considered by, the <br />Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. <br />1. This Project is categorically exempt from the California Environmental Quality Act <br />(“CEQA”) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment.