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HomeMy WebLinkAbout1891 - APPROVE VA _3225 OCEAN BOULEVARDRESOLUTION NO. 1891 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE PERMIT NO. VA2012 -003 FOR THE EVENSEN RESIDENCE LOCATED AT 3225 OCEAN BOULEVARD (PA2012 -089) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brion Jeannette Architecture, with respect to property located at 3225 Ocean Boulevard, and legally described as southeasterly one -half of Lot 14 and northwesterly one -half of Lot 15 of Tract 1026. 2. The applicant requests approval of a Variance to allow the construction of a new 3- level, single - family residence with the lower level encroaching 10 feet into the required 10- foot front yard setback. 3. The subject property is located within the Single -Unit Residential (R -1) Bluff Overlay Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD -A). 5. A public hearing was held on September 6, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Section 15303 Class 3 (New Construction or Conversion of Small Structures) which includes construction of a single - family residence and related accessory structures in a residential zone. The proposed project is a single - family residence to be constructed in the R -1 (Single -Unit Residential) Zoning District. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.090 (Variances) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Planning Commission Resolution No. 1891 Page 2 of 10 Finding: A. There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: A -1. The subject property is located on a coastal bluff, south of Ocean Boulevard and north of Breakers Drive, adjacent to the Corona Del Mar State Beach. The subject property slopes from Ocean Boulevard down to the south at a slope ratio of approximately 2:1 for approximately 60 feet, and transitions to an approximate 1:1 slope that extends approximately 35 feet downward toward Breakers Drive. The lower portion of the site is relatively flat. The total slope height is 76 feet, measured from north of the site at Ocean Boulevard to south of the property at Breakers Drive. The subject property is within the Bluff Overlay District which has two development areas where principal and accessory structures are allowed to be constructed. Given the topography of the subject property, regulation constraints by the Bluff Overlay District, and further restrictions imposed by the California Coastal Commission, the new residence is being restricted to be developed within the existing building footprint thereby resulting in a more restrictive development envelope than to other R -1 zoned properties nearby. Finding: B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. Facts in Support of Finding: B -1. The Variance does not constitute the granting of a special privilege as it allows the property owner to develop a residence that is compatible with other lots in the vicinity that are identically zoned. The proposed residence is considerably smaller in floor area when compared to the sizes of other residences on similar sized lots in the vicinity. The project, as designed, will allow the property owner to construct a dwelling that meets their needs while limiting setback encroachment to the lower level and alteration of the coastal bluff. Finding: C. Granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Tmplt: 05/16/2012 Planning Commission Resolution No. 1891 Paqe 3 of 10 Facts in Support of Finding: C -1. The proposed development is approximately 62.5% of the maximum allowed on the subject property. (The maximum allowable gross floor area is 7,674 square feet approximately and the total gross floor area that the applicant proposes for the subject property is 4,794 square feet). Granting the requested subterranean front yard setback encroachment allows the subject property to have a comparable dwelling size when compared to the sizes of newly- improved homes on similar parcels in the vicinity. Finding: D. Granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. Facts in Support of Finding: D -1. The Zoning Code provides the flexibility in application of land use and development regulations by way of permitting Variance applications. The Variance procedure is intended to resolve practical physical hardships resulting from the unique topography and lot configurations that exist in the City and on this property. The granting of this request is consistent with the intent of the established front yard setback as the encroachment would be subterranean and not visible from Ocean Boulevard. The upper levels maintain the required setback to ensure that there would be adequate flow of air and light to adjoining properties, to provide adequate separation between structures on private property and the public right -of -way, and to provide a consistent look from the public right -of -way. Finding: E. Granting of the Variance will not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. Facts in Support of Finding: E -1. The subject property is designated for single - family residential use and the granting of the Variance would not increase the density beyond what is planned for the area, and will not result in additional traffic, parking or demand for other services. The granting of the Variance request will not adversely impact public views from Ocean Boulevard since the subterranean front yard setback encroachment will not be visible from the street level, and will be approximately 21 feet from the existing sidewalk and 50 feet from Ocean Boulevard. The proposed encroachment will not affect the flow of air or light to adjoining residential properties in that the required 10 -foot front yard setback is maintained at above grade level (at the middle and upper levels). Tmplt: 05116/2012 Planning Commission Resolution No. 1891 Paae 4 of 10 Finding: F. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable specific plan. Facts in Support of Finding: F.1. The granting of the applicant's request is consistent with the intent of the General Plan, Coastal Land Use Plan and Zoning Code as it would not increase the density beyond what is planned for the area; will not adversely impact the designated public views from Ocean Boulevard as it adheres to the top -of -curb height restrictions; and will allow for more open coastal bluff face than is required in the Development Area C by maintaining the existing building footprint. Furthermore, the approval of the Variance does not reduce the visible front yard and is therefore compatible with the neighborhood and consistent with the intent of front yard setback requirement. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves Variance Permit No. VA2012 -003, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF SEPTEMBER, 2012. AYES: Ameri, Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSTAIN: None ABSENT: None Tmpll: 05/16/2012 Planning Commission Resolution No. 1891 Page 5 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) Planning Division The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. It shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval) 2. The natural bluff face shall be restored to its natural state if inadvertent alteration should occur during construction of the project. 3. Variance No. 2012 -003 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. 4. Prior to the issuance of a building or grading permit, a waiver of future shoreline protection during the economic life of the structure (75 years) shall be executed and recorded against the property. The waiver shall be binding upon all future owners and assignees. The waiver shall be reviewed and approved by the City Attorney prior to recordation. 5. Accessory structures shall be relocated or removed if threatened by coastal erosion. Accessory structures shall not be expanded and routine maintenance of accessory structures is permitted. 6. Prior to issuance of building permits, approval from the California Coastal Commission shall be required. 7. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. Prior to the issuance of building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. The plans shall comply with the City's Water Efficient Landscape Ordinance (Chapter 14.17) and Water Conservation Ordinance (Chapter 14.16) of the Municipal Code. These plans shall incorporate native, drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division, Public Works, and General Services Departments. All planting areas shall be provided with a permanent Tmplt: 05/16/2012 Planning Commission Resolution No. 1891 Paae 6 of 10 underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture- sensor. 9. All new landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 10. Prior to the final of building permits, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping on the property and within the public right -of -way was installed in accordance with the approved plan. 11. Reclaimed water shall be used whenever available, assuming it is economically feasible. 12. Water leaving the project site due to over - irrigation of landscape shall be minimized. If an incident such as this is reported, a representative from the Code and Water Quality Enforcement Division, shall visit the location, investigate, inform and notice the responsible party, and, as appropriate, cite the responsible party and /or shut off the irrigation water. 13. Watering shall be done during the early morning or evening hours (between 4:00 p.m. and 9:00 a.m.) to minimize evaporation the following morning. 14. All leaks shall be investigated by a representative from the Code and Water Quality Enforcement Division and the Applicant shall complete all required repairs. 15. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites. 16. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 17. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 18. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, Tmpit: 05/16/2012 Planning Commission Resolution No. 1891 Pape 7 of 10 actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Evensen Residence Project including, but not limited to, Variance Permit No. VA2012 -003. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division 19. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 20. Prior to issuance of the grading permit, the project applicant shall document to the City of Newport Beach Building Division that the project is designed and will be constructed to comply with current seismic safety standards and the current City- adopted version of the Uniform Building Code. 21. Prior to issuance of the grading permit, a geotechnical report provided by a licensed Certified Engineering Geologist or Geotechnical Engineer shall be submitted with construction drawings for plan check. The report shall include slope stability analyses and erosion rate estimates. The Building Division shall ensure that the project complies with the geotechnical recommendations included in the geologic investigation as well as additional requirements, if any, imposed by the Newport Beach Building Division. To assure stability, the development must maintain a minimum factor of safety of 1.5 against land - sliding for the economic life of the structure (75 years). 22. Prior to issuance of the grading permit, grading /drainage and shoring plan shall be submitted to the Building Division for review and approval. 23. The easterly stairway shall be removed and reconstructed on grade and it must comply with the CBC 2010 requirements. 24. Existing and new stairway landing shall have a dimension measured in the direction of travel not less than the width of the stairway. 25. The funicular shall be approved by a recognized testing agency (ASTM, /CC) and shall in compliance with the State of California Elevator Safety Code, Tmplt: 05/1612012 Planning Commission Resolution No. 1891 Paae 8 of 10 26. All projections including eaves and cantilever portion of trellis shall not be permitted to be closer than 2 feet to the property line. 27. All projections between 2 to 5 feet from the property line shall be one -hour rated. 28. Where vehicles leave the construction site and enter adjacent public streets, any visible track -out extending for more than fifty (50) feet from the access point shall be swept within thirty (30) minutes of deposition. 29. The construction and equipment staging area shall be located in the least visually prominent area on the site and shall be properly maintained and /or screened to minimize potential unsightly conditions. Construction equipment and materials shall be properly stored on the site when not in use. 30. A six - foot -high screen and security fence shall be placed around the construction site during construction. 31. The applicant shall comply with SCAQMD Rule 403 requirements as follows: Land Clearing /Earth- Moving a. Exposed pits (i.e., gravel, soil, dirt) with 5 percent or greater silt content shall be watered twice daily, enclosed, covered, or treated with non -toxic soil stabilizers according to manufacturers' specifications. b. All other active sites shall be watered twice daily. C. All grading activities shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if soil is being transported to off -site locations and cannot be controlled by watering. d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). e. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. f. All vehicles on the construction site shall travel at speeds less than 15 mph. g. All diesel - powered vehicles and equipment shall be properly operated and maintained. h. All diesel - powered vehicles and gasoline - powered equipment shall be turned off when not in use for more than 5 minutes. Tmpit: 05/16/2012 Planning Commission Resolution No. 1891 Paae 9 of 10 The construction contractor shall utilize electric or natural gas - powered equipment instead of gasoline or diesel - powered engines, where feasible. Paved Roads k. Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads. (See condition No. 34 above). M. Construction equipment shall be visually inspected prior to leaving the site and loose dirt shall be washed off with wheel washers as necessary. 32. The applicant shall employ the following best available control measures ( "BACMs ") to reduce construction - related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions Require 90 -day low -NOx tune -ups for off road equipment. Limit allowable idling to 30 minutes for trucks and heavy equipment Off -Site Impacts • Encourage car pooling for construction workers. • Limit lane closures to off -peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the Tmplt: 05/16/2012 Planning Commission Resolution No. 1891 Paae 10 of 10 top six -inch surface layer, subject to review /discretion of the geotechnical engineer. Public Works 33. All improvements shall be constructed as required by the Municipal Code and the Public Works Department. 34. The applicant shall construct new concrete curb and gutter per City standards along Breakers Drive frontage. 35. The existing driveway shall be reconstructed per STD - 162 -L. 36. All existing private, non - standard improvements within the public right -of -way and /or or extensions of private, non - standard improvements into the public right -of -way fronting the development site shall be removed. 37. Encroachment permit shall be required for all work activities within the public right -of- way. 38. Additional reconstruction within the public right -of -way may be required at the discretion of the Public Works Inspector in case of damage done to public improvements surrounding the development site by the applicant. 39. All on -site drainage shall comply with the latest City water quality requirements. 40. A new sewer cleanout shall be installed on the existing sewer lateral per STD -406 -L adjacent to the property line in the Breakers Drive public right -of -way. 41. No structural components shall be permitted to encroach into the Ocean Boulevard right -of -way, including, but not limited to tie backs and foundations for the new lower level that encroaches into the front yard setback area. 42. New and existing stairway and walls to Ocean Boulevard shall require City Council approval of an encroachment permit/agreement. Tmplt: 05/1612012