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HomeMy WebLinkAbout1901 - APPROVE. SD AND MD_1111 DOLPHIN TERRACERESOLUTION NO. 1901 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING SITE DEVELOPMENT REVIEW NO. SD2012 -005 AND MODIFICATION PERMIT NO. MD2012 -017 FOR PROPERTY LOCATED AT 1111 DOLPHIN TERRACE (PA2012 -140) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Amen and Traci Wardy, with respect to property located at 1111 Dolphin Terrace, and legally described as Lot 10 of Tract No. 5130 requesting approval of a site development review and a modification permit. 2. The applicants request approval of a site development review to allow an increased development area within the Bluff Overlay District for the construction of a series of retaining walls to support a pool /spa, lawn area, and terraced planters within Development Area C. 3. The subject property is located within the R -1 -B (Single -Unit Residential -Bluff Overlay) Zoning District and the General Plan Land Use Element category is RS -D (Single -Unit Residential Detached). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD -A (Single -Unit Residential Detached). 5. A public hearing was held on January 3, 2013, 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. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). 2. The Class 3 exemption includes the construction of one single - family residence and accessory structures, including garages, carports, patios, swimming pools, and fences. The proposed development involves the construction of a new single -unit residence, retaining walls, pool /spa, and planters. Therefore, the proposed project qualifies for an exemption under Class 3. Planning Commission Resolution No 1901 Paqe 2 of 10 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.28.040.1 of the Zoning Code, the Planning Commission must make the following findings for approval of an increased development area through the approval of a site development review: Finding: A. The increased bluff development area will ensure a slope stability factor of safety greater than or equal to 1.5 at the end of the economic life of the development for the static condition of the bluff or a factor of safety greater than or equal to 1.1 for the seismic condition of the bluff or canyon, whichever is farther landward; Facts in Support of Finding: A -1. The applicant's geotechnical consultant has provided a geotechnical analysis demonstrating that the existing descending slope has a slope stability factor of safety greater than or equal to 1.5 at the end of the economic life of the development for the static condition of the bluff. A -2 The proposed improvements in the rear yard will be supported by deep pile foundations supported into competent bedrock that will provide stability to the structures and also increase the factor of safety of the descending slope. Finding: B. The increased bluff development area will provide adequate protection from the erosion factors for the economic life of the development; Facts in Support of Finding: B -1. The project is conditioned to ensure that adequate protection of the house and surrounding accessory structures for the economic life of the development. Finding: C. The increased bluff development area will be compatible and consistent with surrounding development; and Facts in Support of Findinq: C -1. The proposed retaining walls, pool /spa, and planters are consistent with the surrounding development in the Irvine Terrace community, which is characterized by varying degrees of development along the bluff area adjacent to Bayside Drive. Planning Commission Resolution No 1901 Paae 3 of 10 C -2 The proposed Area B /Area C boundary is consistent with the predominant line of existing accessory structure development on the adjacent properties. Finding: D. The increased bluff development area will not have an impact on public views, sensitive habitat areas, and is not otherwise detrimental to the general public health and welfare. Facts in Support of Finding: D -1. There are no public viewing areas in the vicinity to the project site, so the project will not have an impact to public viewsheds. D -2. The project will provide extensive landscaping on the slope to assist in screening the proposed retaining walls and pool /spa from view by travelers on Bayside Drive. D -3. There are no sensitive habitat areas on the site or in the immediate vicinity. In accordance with Section 20.52.080.F of the Zoning Code, the Planning Commission must also make the following findings for approval of a site development review: Finding: E. The proposed development is allowed within the subject zoning district; Facts in Support of Finding: E -1. The site is designated RS -D (Single -Unit Residential Detached) by the General Plan Land Use Element. This designation allows for a range of detached single -unit residential dwelling units; each located on a single legal lot, and does not include condominiums or cooperative housing. E -2. The single -unit residence and improvements to be constructed are compatible with the other single -unit residential land uses within the surrounding neighborhood. E -3. The subject property is not part of a specific plan area. Finding: F. The proposed development is in compliance with all of the applicable criteria identified in Subparagraph C.2.c: a. Compliance with this Section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; Planning Commission Resolution No 1901 Page 4 of 10 b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent development; and whether the relationship is based on standards of good design; c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and f. The protection of significant views from public right(s) -of -way and compliance with Section 20.30. 100 (Public View Protections); and Facts in Support of Finding: F -1. The proposed structures are accessory to a single -unit residence and therefore consistent with its General Plan land use designation and the zoning district, F -2 The project site is not located within a specific plan area. F -3. The proposed planter retaining walls are terraced at varying heights, which serves to break -up their mass. Extensive landscaping on the slope is provided to assist in screening the proposed planter retaining walls and pool /spa from view from Bayside Drive; these project design features will not increase the bulk or scale of development on the slope and provide an aesthetic treatment that is compatible with the surrounding development. F -4. The proposed structures do not include any improvements to the public right -of -way or off - street parking facilities; therefore, the project does not involve any issues relating to the adequacy, efficiency, and safety of pedestrian and vehicular access, or parking and loading spaces. F -5. The project will provide extensive landscaping on the slope to assist in screening the proposed retaining walls and pool /spa from view from Bayside Drive. The project has been conditioned to provide water efficient plant and irrigation materials. F -6. The project has been conditioned to provide water efficient plant and irrigation materials. F -7. There are no public viewing areas in the vicinity of the project site, so the project will not have an impact to public viewsheds and Bayside Drive is not identified as a coastal view road. Planning Commission Resolution No 1901 Paoe 5 of 10 Finding: G. The proposed development is not 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 of the proposed development. Facts in Support of Finding: G -1. The proposed structures are designed and conditioned to be harmonious with the surrounding development to not present a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the Irvine Terrace community. In accordance with Section 20.52.050.E of the Zoning Code, the Planning Commission must also make the following findings to approve a modification permit: Finding: H. The requested modification will be compatible with existing development in the neighborhood; Facts in Support of Finding: H -1. The proposed retaining wall is proposed to be located outside of the side setback area in -line with the exterior walls of the residence, so it will not present an abrupt drop -off in elevation with the adjacent property. H -2. The project will provide extensive landscaping on the slope to assist in screening the proposed retaining wall from view by travelers on Bayside Drive. H -3. The proposed retaining wall will run perpendicular, not parallel, to Bayside Drive, which will not present a massive wall surface when viewed from the roadway. Finding: The granting of the modification is necessary due to the unique physical characteristic(s) of the property and /or structure, and /or characteristics of the use; Facts in Support of Finding: 1 -1. The project site has topographic characteristics that are unique to other bluff properties in Irvine Terrace. Prior to alteration by the Irvine Terrace development, the bluff face on the project site contained a ravine, which still causes the contours of the slope to curve inland towards Dolphin Terrace. Planning Commission Resolution No 1901 Page 6 of 10 Finding: J. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code; Facts in Support of Finding: J -1. The topographic characteristics of the project site present a practical difficultly that requires more extensive grading and retaining structures in order to attain parity with the adjacent development. Finding: K. There are no alternatives to the modification permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public; Facts in Support of Finding: K -1. The project site is topographically - constrained relative to the two abutting properties; alternatives to the increased height of the retaining wall would further constrain development on the project site. Finding: L. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding: L -1. The proposed retaining wall is proposed to be located outside of the side setback area and will be topped with a 42- inch -high glass guardrail to avoid negative impacts to the abutting property. L -2 The proposed retaining wall will not result in change in density or intensity of development on the project site; the single -unit residence will have a building height and floor area that is consistent with the provisions of the Zoning Code. Planning Commission Resolution No 1901 Paqe 7 of 10 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Site Development Review No. SD2012 -005 and Modification Permit No. MD2012 -017, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. 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 3`d DAY OF JANUARY, 2013. AYES: Ameri, Brown, Myers, and Toerge NOES: None ABSTAIN: None ABSENT: Hillgren, Kramer, and Tucker 6 J Planning Commission Resolution No 1901 Paqe 8 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) Planning 1. The development 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. Site Development Review No. SD2012 -005 and Modification Permit No. 2012 -017 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Site Development Review. 5. This Site Development Review and Modification Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Site Development Review and Modification Permit or the processing of a new site development review and modification permit. 7. Should the property be sold or otherwise come under different ownership, any future owner(s) or assignee(s) shall be notified of the conditions of this approval by either the current property owner or the leasing agent. 8. 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. 9. A copy of this approval letter shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Site Development Review /Modification Permit file. The plans shall be identical to those Planning Commission Resolution No 1901 Paqe 9 of 10 approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Site Development Review /Modification Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 11. Prior to the issuance of a building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 12. 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. 13. 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 between the hours of 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 14. The pool /spa shall incorporate leak prevention and detection measures 15. 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, 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 Wardy Residence including, but not limited to, the Site Development Review No. SD2012 -005 and Modification Permit No. (PA2012- 017). 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. Buildinq Division Conditions 16. A geotechnical report shall be required with the submittal of construction drawings for plan check. The project shall comply with any mitigation measures contained in said report and the requirements of the Newport Beach Building Division. Planning Commission Resolution No 1901 Paae 10 of 10 17. Drainage and grading plans shall be required with the submittal of construction drawings for plan check. 18. Drainage shall be conducted to a public storm drain. Filtration shall be required prior to discharging water into public storm drains. 19. Pool and all site walls shall be founded on caissons and grade beams and shall include seismic load contributions. 20. Shoring shall be required for cuts having depth greater than 1:1 distance to property line. 21. Pool drainage shall be clearly noted to discharge into approved public waste or storm drains. Back flow devices shall be required for all fixtures below manholes. Public Works Conditions 22. The existing 5- foot -wide sewer easement along the southwesterly property line shall be vacated prior to the start of construction. 23. No work shall be permitted within the existing 6- foot -wide easement along the northwesterly property line.