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HomeMy WebLinkAboutPC2019-007 - WAIVING CITY COUNCIL POLICY L-6 AND APPROVING ENCROACHMENT PERMIT NO.N2017-0642 FOR A REQUEST TO CONSTRUCT PERMANENT IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY LOCATED AT 3100 BREAKERS DRIVE (PA2019-013RESOLUTION NO. PC2019-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, WAIVING CITY COUNCIL POLICY L-6 AND APPROVING ENCROACHMENT PERMIT NO. N2017-0642 FOR A REQUEST TO CONSTRUCT PERMANENT IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY LOCATED AT 3100 BREAKERS DRIVE (PA2019-013) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Geoff Sumich, Geoff Sumich Design, on behalf of the property owners Enrico Arvielo and Patricia Arvielo (collectively, "Owner"), with respect to property located at 3100 Breakers Drive, Newport Beach, California requesting a waiver of City Council Policy L-6 and approval of an encroachment permit. 2. The Applicant requests to construct nine (9) sets of permanent structural tie -back improvements within the Ocean Boulevard/Corona del Mar Main Beach Ramp public right- of-way encroaching between twelve (12) feet and thirty-three (33) feet into the public right- of-way and a minimum of fifty-three (53) feet below the existing street grade. 3. The requested encroachments are not specifically provided within City Council Policy L-6, thus, the requested encroachments are prohibited under Section A (1) of said policy. Due to this prohibition, the requested encroachment may only be approved upon the waiver of City Council Policy and approval of the encroachment permit by Planning Commission. 4. A public meeting was held on March 7, 2019, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing 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 hearing. 5. The subject property is located within the coastal zone. The proposed project obtained and Coastal Development Permit (CDP No.5-16-0298) from the California Coastal Commission. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment. Class 3 exempts the construction of a duplex and multi -family residential structures totaling no more than six units and appurtenant structures. The proposed project consists of the installation of tie -backs that are appurtenant to the construction of a new duplex. Planning Commission Resolution No. PC2018-030 Paae 2 of 4 The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with City Council Policy L-6, Encroachments in the Public Rights -of -Way, the following findings and facts in support of such findings are set forth: Finding: A. The proposed permanent improvements will not be a detriment to the health, safety and welfare of the public. Facts in Support of Finding: 1. The proposed permanent private improvements do not hinder the present or future use of the public right-of-way, including utilities, and the existing utilities located within the encroachment area are mot impacted. 2. The proposed permanent private improvements do not impede coastal public access, degrade visual quality of public coastal view, or have any potential impact to sensitive habitat in the Coastal Zone for the following reasons: a. The proposed tie -backs are at a minimum depth of approximately fifty-three (53) feet below the existing street grade and therefore, would not impede public vehicular or pedestrian access. b. At the proposed depths of the structural tie -back system, existing and future improvement, including but not limited to, utilities would not be impacted. The proposed permanent improvements do not impede access to public utilities. c. The proposed permanent improvements do not diminish the right of the public, present and future. Finding: B. The individual circumstances applicable to this application and the proposed encroachment are consistent with the public interest. Facts in Support of Finding: Planning Commission Resolution No. PC2018-030 Page 3 of 4 1. The proposed permanent private improvements would help in supporting and stabilizing the adjacent coastal bluff. 2. The proposed permanent private improvements minimize the disruption to the hillside, preserving the coastal bluff. 3. The proposed landscape improvements within the hillside would enhance the views from the Ocean Boulevard/Corona del Mar Main Beach Ramp public right-of-way. 4. Maintains pedestrian access to the Ocean Boulevard/Corona del Mar Main Ramp sidewalk and parkway area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby waives City Council Policy L-6 and approves Encroachment Permit N2017-0642, 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 (14) days following the date this Resolution was adopted unless within such time an appeal or call for review 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 7th DAY OF March, 2019. AYES: Kleiman, Koetting, Lowrey and Weigand NOES: None ABSTAIN: Ellmore, Kramer and Zak ABSENT: None M. M U WE Planning Commission Resolution No. PC2018-030 Paqe 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The proposed encroachment shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The proposed encroachment is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Owner 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 Encroachment Permit and any associated Encroachment Agreements. 4. The Owner shall enter into an Encroachment Agreement within one (1) calendar year upon receipt of approval, otherwise this approval shall automatically expire. 5. The hillside behind the subject property shall be landscaped. The landscape plans shall be reviewed and approved by the Community Development and Public Works Departments and shall maintain public views from the public right-of-way. 6. The retaining wall, soldier piles and permanent structural tie -back system shall be designed to support the hillside and roadways above. 7. 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 Encroachment Permit for the property located at 3100 Breakers Drive, Newport Beach, California, including, but not limited to, Encroachment Permit No. N2017- 0642. 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.