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HomeMy WebLinkAbout1616 - APPROVE MD AMENDMENT_3431 OCEAN BLVD.RESOLUTION NO. 1616 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT TO MODIFICATION PERMIT NO. 2002 -049 (PA2003 -180) FOR PROPERTY LOCATED AT 3431 OCEAN BOULEVARD THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Tom Stewart/Fleetwood Joiner Associates on behalf of the property owners, Lawrence and Lana Tabak, with respect to property located at 3431 Ocean Boulevard, and legally described as Lot 8, Tract 1257, requesting approval of an amendment to Modification Permit No. 2002 -049 to allow portions of a proposed single family residence to encroach up to 8 feet into the required 10 foot front yard setback. Both the Land Use Element of the General Plan and the Zoning Code designate the site as Single Family Detached Residential. Section 2. A public hearing was held on September 18, 2003, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds that the requested amendment to Modification Permit No. 2002 -049 for encroachments within the front yard setback will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of this code for the following reasons: a) The proposed encroachments will be approximately 60 feet from the existing sidewalk. This increased distance sufficiently separates the building mass from the sidewalk especially due to the fact that the height of the proposed residence does not exceed the adjacent top of curb height, and is actually below the top of curb. The majority of the proposed encroachment is below grade and will not be visible. b) The code provides flexibility in the application of land use and development regulations by way of permitting modification and variance applications. This procedure is intended to resolve practical and unnecessary physical hardships resulting from the unique topography and lot configurations that exist in the area and on this lot. City of Newport Beach Planning Commission Resolution No. Pace 2 of 5 c) The proposed front yard encroachment is a reasonable design solution given the topography and location of the site in that the encroachments on the first, second, and third levels are below the driveway grade levels of the subject property and cannot be viewed from the street level, and, further, that the proposed encroachments are on the street side of the property. d) The proposed modification will not be detrimental to persons, property or improvements in the neighborhood or increase any detrimental effect of the use in that the portion of the encroachment that is above grade will not block line of sight or views from the adjacent property. e) The proposed modification will not affect the flow of air or light to adjoining residential properties in that the encroachments are located on the street side of the property and the required side yard setbacks are maintained. f) The proposed front yard encroachment will not obstruct views from adjoining residential properties nor from the public in that the structure is located below the grade of the sidewalk along Ocean Boulevard, and the views from the adjacent property are oriented to the south and opposite the side of the dwelling for which the encroachment is proposed. Views from Inspiration Point are also not affected as the encroachment is on the north side of the residence and the residence itself is positioned between the encroachment and the view from Inspiration Point. g) The property is located at the end of the driveway access and no through circulation is required beyond the property, and sufficient space remains for vehicular access and maneuvering. h) The proposed front setback modification will not require changes to the improvements and natural bluff area located within the public right -of -way abutting the property. i) The project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (Construction of a single - family residence in a residential zone). Section 4. Based on the aforementioned findings, the Planning Commission approves Amendment to Modification Permit No. 2002 -049, subject to the conditions set forth in Exhibit ,A,. City of Newport Beach Planning Commission Resolution No. Page 3 of 5 Section 5. 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 or this action is called for review by the City Council i n accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 18th DAY OF SEPTEMBER, 2003. AYES: Eaton Cole, Toerge, Selich Kiser and Tucker NOES: McDaniel BY: arl McDaniel, Chairman BY: Michael ge, ecre ary City of Newport Beach Planning Commission Resolution No. Pace 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO MODIFICATION PERMIT NO. 2002 -049 1. The development shall be in substantial conformance with the plot plan, floor plans and elevations dated July 10, 2003 with the exception of revisions required to eliminate any encroachments into the 24 -foot height limit and any revisions required by the following conditions. 2. Amendment to Modification Permit No. 2002 -049 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The project shall comply with all applicable Fire and Building Code regulations, including the requirement for installation of a sprinkler and fire suppression system. 4. All improvements shall be constructed as required by Ordinance and the Public Works Department. 5. Exiting from each level of the residence shall comply with applicable standards of the Fire and Building Code. 6. Prior to the issuance of demolition, grading or building permits, the applicant shall obtain approval from the California Coastal Commission for the demolition of the existing residence and the construction of the new residence, if necessary. 7. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 8. Chimney heights shall comply with the regulations specified by section 20.65.070 of the Zoning Code. 9. Prior to the issuance of grading or building permits, a drainage plan shall be prepared and approved by the Building, Public Works and Planning Departments. 10. The project shall conform to the requirements of the National Pollution Discharge Elimination System (NPDES). Prior to the issuance of grading or building permit for new construction, a Water Quality Management Plan (WQMP) shall be prepared by the applicant and submitted for review by the Building, Planning and Public Works City of Newport Beach Planning Commission Resolution No. Pace 5 of 5 Departments. The WQMP shall be reviewed and approved by the City prior to the issuance of a grading or building permit for new construction. 11. As part of the submittal requirements for grading and building permits, an extensive geotechnical investigation and geotechnical report shall be prepared. Included in the recommendations shall be a shoring plan designed to protect the adjacent properties and right of way from damage resulting from the temporary removal of lateral support. 12. During excavation and construction, vehicular access to adjacent properties shall be maintained at all times.