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RESOLUTION NO. PC2022-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY <br />OF NEWPORT BEACH, CALIFORNIA APPROVING VARIANCE NO. VA2022-001 TO ALLOW THE ADDITION OF A 84-SQUARE-FOOT COVERED AREA ON THE THIRD FLOOR DECK OF AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 201 CRYSTAL AVENUE (PA2022-008) <br /> <br />THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. <br /> <br />1. An application was filed by Lisa Herring (“Applicant”), with respect to property located at 201 Crystal Avenue, and legally described as the easterly 25 feet of Lots 27 and 28, Block 6, Section 5 of Balboa Island (“Property”), requesting approval of a variance. <br />2. The Applicant requests the addition of a roof structure over an existing outdoor kitchen <br />area on the third-floor deck of a single-family residence (“Project”). The Applicant requests a variance from the additional step back required for third floor covered deck area as described in Newport Beach Municipal Code (“NBMC”) Section 20.48.180 (Residential Development Standards and Design Criteria). The Project consists of a step back of one <br />foot and 6 inches from the front setback line, where NBMC Section 20.48.180 (Residential <br />Development Standards and Design Criteria), requires covered deck area located on the third floor to be stepped back a minimum of fifteen feet from the front setback line. 3. The Property is designated Two-Unit Residential (RT) by the General Plan Land Use <br />Element and is located within the Two-Unit Residential, Balboa Island (R-BI) Zoning <br />District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Two-Unit Residential (RT-E (30.0-39.9 DU/AC)) and it is located within the Two-Unit <br />Residential, Balboa Island (R-BI) Coastal Zone District. The Project is located within the <br />Categorical Exclusion Area and there is no requirement for additional step backs for third floor covered area within Title 21 (Local Coastal Program Implementation Plan) of the NBMC; therefore, a coastal development permit is not required for the Project. <br />5. A public hearing was held on June 9, 2022, in the Council Chambers located at 100 Civic <br />Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et <br />seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the <br />Planning Commission at this hearing. <br /> SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.