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HomeMy WebLinkAbout2017-15 - Upholding the Planning Commission’s Approval of Major Site Development Review No. SD2016-002 for a Seven-Unit Residential Condominium Project Located at 20452 Santa Ana Avenue (PA2016-069)RESOLUTION NO. 2017-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF MAJOR SITE DEVELOPMENT REVIEW NO. SD2016-002 FOR A SEVEN -UNIT RESIDENTIAL CONDOMINIUM PROJECT LOCATED AT 20452 SANTA ANA AVENUE (PA2016-069) WHEREAS, an application was filed by Adrienne Brandes, with respect to property located at 20452 Santa Ana Avenue, and legally described as the Southwesterly 82 feet of Lot 6 of Tract No. 456, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 17 Page(s) 9 of Miscellaneous Maps in the Office of the County Recorder of said County, except the Southeasterly 150 feet thereof, requesting approval of a seven -unit residential condominium project. The following approvals are requested or required to implement the project as proposed: a. A tentative tract map pursuant to Newport Beach Municipal Code (NBMC) Chapter 19.12 (Tentative Map Review) to allow the individual sale of each dwelling unit as a condominium; and b. A major site development review pursuant to Table 5-2 of NBMC Section 20.52.080(8) (Site Development Reviews) for construction of five or more dwelling units with a tentative tract map; WHEREAS, the subject property is designated Multiple -Unit Residential (RM) by the Land Use Element of the General Plan and located within the Multi -Unit Residential Detached (RM -D) Zoning District; WHEREAS, the subject property is not located within the coastal zone; WHEREAS, a public hearing was held by the Planning Commission on November 17, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. At the conclusion of the public hearing, the Planning Commission voted to adopt Resolution No. 2036, approving the project; WHEREAS, on December 1, 2016, a neighbor living adjacent to the subject property appealed the Planning Commission's decision to the City Council; WHEREAS, the neighbor's appeal of Major Site Development Review No. SD2016-002 was timely because it was made within the fourteen -day appeal period provided in NBMC Section 20.64.030(B); however, the appeal of Tentative Tract Map No. NT2016-003 was not timely because it was past the ten-day appeal period provided in NBMC Sections 19.12.050 and 20.64.030(B)(1); WHEREAS, due to the timing of the appeal, Tentative Tract Map No. NT2016-003 is final and not subject to appeal, and the only item before the City Council is an appeal of Major Site Development Review No. SD2016-002; and Resolution No. 2017-15 Page 2 of 8 WHEREAS, a public hearing was held by the City Council on February 28, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to consider the appeal. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby uphold the Planning Commission's approval of Major Site Development Review No. SD2016-002 subject to the conditions of approval attached as Exhibit "A," and incorporated herein by reference. The City Council's decision is made in accordance with NBMC Sections 20.52.080(F) (Site Development Reviews — Findings and Decision), and is supported by the following findings and facts: Finding: A. The proposed development is allowed within the subject zoning district. Fact in Support of Finding: The subject property is located within the RMD Zoning District, which principally provides for areas appropriate for multi -unit residential developments exclusively containing detached dwelling units. The proposed multi -unit residential development is replacing and improving an existing multi -unit residential development. Although the proposed development does not contain detached dwelling units, the project is consistent with the General Plan and any applicable development standards within the Zoning Code and is allowed in the RMD Zoning District. Finding: 8. In compliance with all of the applicable criteria identified in NBMC Subsection [20.52.080](C) (2) (c): a. Compliance with this Section, the General Plan, the Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; 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 NBMC Section 20.30.100 (Public View Protections). Resolution No. 2017-15 Page 3 of 8 Facts in Support of Finding: The Land Use Element of the General Plan designates the subject property as RM, which is intended primarily for multi -family residential developments containing attached or detached dwelling units. The proposed multi -unit residential development is consistent with the General Plan designation. 2. The proposed development complies with the development standards of RMD Zoning District. The proposed buildings are approximately 33 feet tall, which complies with the maximum height limitation. The buildings also meet all required setbacks and common and private open space requirements. Seven, two -car garages and four uncovered guest parking spaces are proposed for the development, which meets the Zoning Code required parking. 3. The proposed development will incorporate consistent architectural design such that all structures on the property are unified. Architectural treatment will harmonize with the surrounding neighborhood. 4. The proposed site layout maintains the existing vehicular access from Santa Ana Avenue. The site layout and guest parking area allow vehicles sufficient space to turn around on-site. Pedestrian access to the site is available along Santa Ana Avenue along an existing public sidewalk. 5. The Public Works Department has reviewed and approved the site plan, proposed improvements, parking configuration, and access driveway subject to the conditions of approval. 6. The 20 -foot front setback and site layout provide for additional landscaping opportunities immediately adjacent to the street. As conditioned, all landscaping will comply with NBMC Chapter 14.17 (Water -Efficient Landscaping). The subject property is not located at or near a public view point or corridor as identified in the General Plan Figure NR3 (Coastal Views); and therefore, is in compliance with NBMC Section 20.30.100 (Public View Protections). Finding: C. 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: A similar multi -unit residential development has existed at this location since 1975, according to County records. The proposed seven -unit residential condominium development will replace and improve the existing development. The amount of traffic to and from the site will not significantly change. Resolution No. 2017-15 Page 4 of 8 2. The proposed development will comply with all Building, Public Works, and Fire Codes. The project will also comply with all City ordinances and conditions of approval. 3. The project has been conditioned to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: This action is categorically exempt under Section 15332, of the State of California Environmental Quality Act (CEQA) Guidelines — In -fill Development because it has no potential to have a significant effect on the environment. In this case, the project is consistent with the General Plan Land Use Element category of RM as well as the RM -D Zoning District. Residential condominiums are an allowed use in the land use category designation as well as in RM -D. The project site area is less than five acres and surrounded by residential development and a golf course. The lot is substantially developed and is not within environmentally sensitive areas. The proposed project was reviewed by the Public Works Department and concerns with traffic were not found. Further, a traffic study was not required under the City's Traffic Phasing Ordinance (TPO). No significant effects are anticipated with regard to noise or air quality as the proposed project will be replacing an existing multi -family development. A preliminary water quality management plan (WQMP) was reviewed and approved to address potential water quality issues. The project was also reviewed by the Public Works and Fire Departments and it was determined the lot maintains adequate access to utilities and public services. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. 11 11 11 I/ ADOPTED this 28th day of February, 2017 ATTEST: L4ft � L P -- Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE I� Aaron C. Harp City Attorney Resolution No. 2017-15 Page 5 of 8 /Z � / Kevin Muldoon Mayor Attachment: Exhibit A — Conditions of Approval EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division Resolution No. 2017-15 Page 6 of 8 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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 Use Permit. 4. A copy of the Resolution, including conditions of approval listed as Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 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 file. The plans shall be identical to those 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 and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 6. Prior to the issuance of 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. Compliance with Newport Beach Municipal Code Chapter 14.17 (Water -Efficient Landscaping) shall be appropriately demonstrated. 7. Prior to the issuance of building permits, the fair share traffic contribution in effect at the time shall be paid in accordance with the Municipal Code. 8. All 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. 9. Building owners and tenants shall keep the building exteriors and facades clean and in good repair. Resolution No. 2017-15 Page 7 of 8 10. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 11. Prior to the issuance of building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are "I" or less at all property lines. 12. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 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 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 14. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 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 Santa Ana Avenue Cottages including, but not limited to, Major Site Development Review No. SD2016-002 (PA2016-069).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, attomeys' 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. 16. Prior to submittal for building permits, the applicant shall submit revised elevations reflecting smooth stucco and enhanced architectural features for review and approval of the Planning Division. If the Planning Division determines the revisions do not meet the intent of the City Council's action, the design shall be submitted to the City Council for review. Resolution No. 2017-15 Page 8 of 8 Public Works Department 17. An encroachment permit shall be required for all work activities within the public right- of-way. An encroachment agreement shall be required for any private improvements installed within the public right-of-way. 18. All on-site drainage shall comply with the latest City water quality requirements. 19. All improvements shall comply with the City's sight distance requirement per City Standard 110-L. 20. The parking layout and drive aisles shall comply with City Standards STD -805 -L-A and STD -805 -L -B. Dead end drive aisles shall provide a dedicated turnaround space and a five-foot minimum clear paved hammerhead/drive aisle extension. The drive aisle shall be a minimum of 26 feet wide. Fire Department 21. Adequate emergency access shall be required pursuant to California Fire Code Section 503.1. 22. Pursuant to California Fire Code Section 507.1, an approved water supply capable of supplying the required fire flow for fire protection shall be provided to the premises upon which the buildings are to be constructed. 23. An automatic fire sprinkler system shall be installed in compliance with California Fire Code Sections 903.2.8 and 903.2.18. Building Division 24. 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. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2017-15 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 28th day of February, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: Council Member Diane Dixon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 1stday of March, 2017. h6o� J Pork, Leilani I. Brown, MMC ` City Clerk Newport Beach, California (Seal)