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HomeMy WebLinkAboutPC2019-014 - APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-059, VARIANCE NO. VA2018-005, AND TENTATIVE PARCEL MAP NO. NP2018-023 TO ALLOW THE CONSTRUCTION OF A NEW TWO-UNIT CONDOMNIUM PROJECT FOR PROPERTY LOCATED AT 358 DAHLIA PLACERESOLUTION NO. PC2019-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-059, VARIANCE NO. VA2018-005, AND TENTATIVE PARCEL MAP NO. NP2018-023 TO ALLOW THE CONSTRUCTION OF A NEW TWO -UNIT CONDOMNIUM PROJECT FOR PROPERTY LOCATED AT 358 DAHLIA PLACE (PA2018-138) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Andrew Goetz ("Applicant'), with respect to property located at 358 Dahlia Place and legally described as those portions of Lots 13 to 18, inclusive, in Block 231 of Corona Del Mar, in the City of Newport Beach, County of Orange, State of California, as per map thereof recorded in Book 3, at pages 41 and 42, of Miscellaneous Maps, records of said Orange County, together with a portion of the alley in said Block which was vacated and abandoned by Resolution No. 366 of the Board of Trustees of the City of Newport Beach ("Property"). The Applicant requests a coastal development permit to demolish an existing single-family residence and to construct a new two -unit residential condominium development. As part of the development, the Applicant requests approval of a variance to reduce the required front setback along Bayside Drive from 20 feet to 8 feet and to increase the allowable floor area limit. The Tentative Parcel Map is required to allow each unit to be sold separately as residential condominiums ("Project'). The Property is designated Multiple -Unit Residential ("RM") by the General Plan Land Use Element and -is located within the Multi -Unit Residential ("RM") Zoning District. 4. The Property is located within the coastal zone; therefore, the Project is reviewed for compliance with Newport Beach Municipal Code ("NBMC") Title 21 Local Coastal Program ("LCP") Implementation Plan and a coastal development permit ("CDP") is required. The Coastal Land Use Plan category is Multiple -Unit Residential — 20.0-29.9 DU/AC ("RM-D") and the Coastal Zone is Multi -Unit Residential ("RM"). The required findings for the CDP are addressed in Section 5 of this Resolution. 5. A public hearing was held on May 23, 2019, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Ralph M. Brown Act and NBMC Chapter 20.62 (Public Hearings) and Chapter 21.62 (Public Hearings). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. Planning Commission Resolution No. PC2019-014 Paae 2 of 20 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This Project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Class 3 exempts the construction of limited numbers of new, small structures, including a two -unit dwelling. The Project is the construction of a new two -unit residential condominium development located within the RM Zoning District. 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. TITLE 19 SUBDIVISIONS REQUIRED FINDINGS. Tentative Parcel Map for Condominiums The Tentative Parcel Map is consistent with the legislative intent of NBMC Title 20 (Planning and Zoning) and is approved based on the following findings per NBMC Section 19.12.070 (Required Findings for Action on Tentative Maps): Finding: A. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: The Tentative Parcel Map is for two -unit residential condominium purposes. The existing single-family residence is proposed to be demolished. The proposed subdivision and improvements are consistent with the allowable uses and density allowed in the RM Zoning District and current RM General Plan Land Use Designation. The Property is not located within a specific plan area. 3. The Project is conditioned to require public improvements, including construction of a new sewer cleanout line, as well as the reparation and revegetation of the City -owned slope above the Bayside Drive right-of-way, consistent with the requirements of NBMC Title 19. 11-09-17 Planning Commission Resolution No. PC2019-014 Page 3 of 20 Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The lot is physically suitable for a two -unit development. It is rectangular in shape and 5,670 square feet in area with a gentle north -to -south upward slope where the buildable area occurs. An existing single-family residence would be demolished and replaced with a new two -unit residential condominium development. 2. The project site will maintain vehicular access from the private alley at the rear of the Property and existing utility services are adequate for the two -unit development. Finding: C. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. The Property is currently developed with a single-family residence. The proposed project will replace the existing structure with a new, two -unit residential condominium that is compliant with all current code requirements. 2. The Property is located in an urbanized area that does not contain any sensitive vegetation or habitat. 3. The project is categorically exempt under Section 15303 (Article 19 of Chapter 3), of the CEQA Guidelines — Class 3 (New Construction or Conversion of Small Structures) for the reasons noted in Section 2 of this Resolution. Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Fact in Support of Finding: The Tentative Parcel Map is for residential condominium purposes. All improvements associated with the project will comply with all Building, Public Works, and Fire Codes, which are in place to 11-09-17 Planning Commission Resolution No. PC2019-014 Paae 4 of 20 prevent serious public health problems. Public improvements will be required of the developer per NBMC Section 19.28.010 (General Improvement Requirements) and Section 66411 (Local Agencies to Regulate and Control Design of Subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. Finding: E. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Fact in Support of Finding: The design of the development will not conflict with easements acquired by the public at large, for access through, or use of Property within the proposed development, because the proposed design does not conflict with the seven -foot -wide City sewer easement along the southern property line. Finding: F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: The Property is not subject to the Williamson Act because it is not designated as an agricultural preserve and is less than 100 acres in area. The Property is developed for residential use and is located in the RM District, which is intended for and permits residential uses. Finding: G. That, in the case of a "land project' as defined in Section 11000.5 of the California Business and Professions Code: (1) there is an adopted specific plan for the area to be included within the land project; and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area. 11-09-17 Planning Commission Resolution No. PC2019-014 Paoe 5 of 20 Facts in Support of Finding: 1. California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this Project is not considered a "land project' as previously defined in Section 11000.5 of the California Business and Professions Code because the Project does not contain 50 or more parcels of land. 2. The Project is not located within a specific plan area. Finding: H. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Fact in Support of Finding: The Tentative Parcel Map and any future improvements are subject to Title 24 of the California Building Code, which requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The City of Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection processes. Finding: 1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Fact in Support of Finding: The residential duplex is consistent with the RM Zoning District, which allows multiple residential units on a property. Therefore, the Tentative Parcel Map for condominium purposes will not affect the City in meeting its regional housing need. Finding: J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Fact in Support of Finding: The new development will be designed so that wastewater discharge into the existing sewer system complies with the Regional Water Quality Control Board ("RWQCB") requirements. 11-09-17 Planning Commission Resolution No. PC2019-014 Page 6 of 20 Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Fact in Support of Finding: The Property is within the Coastal Zone. Analysis for consistency with Title 21 Local Coastal Program Implementation Plan is in Section 5 of this resolution. SECTION 4. TITLE 20 PLANNING AND ZONING REQUIRED FINDINGS. Variance In accordance with NBMC Subsection 20.52.090(F) (Variances — Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: L. 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: The Property and its immediate neighbors have a unique orientation compared to other residential properties in Corona del Mar. The Property and these surrounding properties in Block 231 were originally subdivided in 1904. Following the original subdivision, the subsequent subdivision and reorientation of the lots that constitute the property made no provision for vehicular access from a public right-of-way. Access to the Property is provided via a 14-foot-wide private ingress/egress easement (Dahlia Place), which is the equivalent size of a typical alley in Corona del Mar. Seven feet of the private alley is provided across 60 feet of the property southern property line. Although the Property is 70 feet deep by 81 feet wide and is rectangular in shape, it is only accessible by a narrow private alleyway that runs east and west. Most properties with the same RM designation have vehicular access from a public alleyway that runs north and south and pedestrian access with street parking in front of the home. Although the 81-foot-wide Property is wider than the typical lots in the surrounding neighborhood, the depth of 70 feet is far shallower than the more standard 118-foot depth. The unusual shape and orientation of this lot does not generally apply to other properties in Corona del Mar under the same residential zoning classification. 4. The block where the Property is located was originally subdivided in the 1904. Since then, the majority of the properties have been the subject of resubdivisions and right-of-way 11-09-17 Planning Commission Resolution No. PC2019-014 Paae 7 of 20 abandonments, which has created an inconsistent pattern of development unlike any other in Corona del Mar. Additionally, several properties have either received discretionary approvals to deviate from development standards or are developed with structures that are nonconforming. Finding: M. 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: 1. Strict compliance with the Zoning Code deprives the Property of a buildable area that is comparable to typical lots with similar lot sizes. With the current setback configuration, a little over 54 percent of the lot is dedicated to the required setbacks. Surrounding typical properties have an approximate setback dedication of 36 percent. 2. Strict compliance with the Zoning Code requirements would deprive the Property of constructing a two -unit residence with similar floor area ratio (FAR) when compared to neighboring lots. The allowed maximum floor area yields an FAR of 0.82, which is approximately 15 percent less than what is allowed on lots of similar or smaller size and standard configuration in the surrounding neighborhood and same or similar zone throughout Corona del Mar. Surrounding typical lots have FARs between 0.94 and 1.17. 3. The 20-foot front setback from the Bayside Drive property line unduly hinders the applicant's ability to construct required parking for a duplex on this lot while maintaining parity with other similarly zoned and situated lots. A standard duplex parking configuration in Corona del Mar is tandem with two single -car garages and two carport spaces in front of the garages. On the Property, the buildable depth with the default setbacks is 38 feet. The required depth for tandem parking is 35 feet leaving only 3 feet to spare. Additionally, there are above -ground utilities within the private alley that dissect the lot and create further difficulty in siting the appropriate ingress and egress to access on -site parking. Finding: N. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Finding: 1. Without granting the Variance to increase the floor area, the Applicant could not construct a two -unit residence on the Property similar to and consistent with what the development regulations permit on other lots in the area. Per Zoning Code and LCP development standards, the Applicant can construct a 4,676-square-foot structure (including 800 square feet for a garage), which results in an FAR of 0.82. This is smaller than what could be constructed on typical rectangular R-2 and RM lots in Corona del Mar and atypical lots in 11-09-17 Planning Commission Resolution No. PC2019-014 Page 8 of 20 the immediate vicinity, which have FARs between 0.94 and 1.17. 2. The Applicant is requesting a maximum floor area of 5,900 square feet, which would result in a FAR of 1.04 that is consistent with other properties in the vicinity and within the same or similar zone. 3. The required 12-foot rear setback (5 feet from the private alley), in addition to the large 20- foot front setback along the Bayside Drive property line, constitutes an impingement on the Applicant's right to develop the Property. The resulting buildable depth is 40 feet, which is much smaller than the more typical 93-foot buildable depth on more standard Corona del Mar residential lots. Granting an eight -foot front setback provides parity between the subject property and other lots in the Corona del Mar area. 4. Unlike other properties, no public vehicular access is provided, therefore, the Applicant provides access to the Property and seven other properties, which is an unusual situation and further restricts the areas available for development. Finding: O. 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: Approval of the variance request allows the Applicant to develop a 5,900-square-foot two - unit residence (excluding the subterranean basement) that is comparable in size, height, and setbacks with other lots along Dahlia Place that are identically zoned. The request to increase the floor area above the maximum allowed by the Zoning Code creates a FAR of 1.04, which is not a special privilege as it is consistent with the limitations on other properties in the vicinity. The FAR in the surrounding area is between 0.94 and 1.17. Finding: P. Granting of the variance will not be detrimental to the harmonious and orderly growth of the City, nor 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: Due to the extraordinarily wide Bayside Drive public right-of-way and adjacent City property, the application of the eight -foot front setback will result in the principal structure being approximately 40 to 50 feet from the public sidewalk, which is a greater distance than typical residential development in Corona del Mar and the City. 11-09-17 Planning Commission Resolution No. PC2019-014 Page 9 of 20 2. The reduced front setback will not appear out of character with the neighborhood and will not create any unsafe conditions for those traveling Bayside Drive. The Project design complies with the required side and rear setbacks and includes a compliant setback for a portion of the rear facing the private alley where existing structures currently encroach. The increased setback will enhance the existing access for the Property Owner and neighboring property owners and residents who rely on it. 3. The proposed design is a three-story structure with a subterranean basement, located in a neighborhood with two- and three-story residences. The design, including proposed floor area, maintains a bulk and scale that is consistent with other allowable constructed development on typical lots in the surrounding area. 4. Development would be required to maintain an eight -foot front setback (Bayside Drive), 12-foot rear alley setback (Dahlia Place), default six and a half -foot right and left side setbacks (eight percent of property width), and comply with all other applicable development standards. 5. The proposed front, rear and side setbacks combined with the 1.04 FAR will allow for the development of a duplex that is comparable and proportional to the floor area allowed for homes on nearby lots and lots throughout Corona del Mar. The setbacks also provide a reasonable space to provide light and air to adjacent properties and vehicular access along Dahlia Place. 6. Granting of the variance to allow additional floor area will not be detrimental to the on -street parking situation in the area. The proposed residence provides a two -car garage for each unit. 7. Condition of Approval No. 24 requires the preparation, review and approval of a construction management and delivery plan to ensure any construction -related impacts to surrounding residents are minimized to the greatest extent feasible. Finding: Q. 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: 1. Granting the Variance request would not increase the density beyond what is planned for the area, and will not result in a substantial amount of additional traffic, demand on public parking, or demand for other services. 2. The extraordinarily wide Bayside Drive right-of-way, when combined with the requested eight -foot front setback, will provide a greater setback compared to other homes and development along Bayside Drive. 3. The proposed variance request provides a maximum floor area limit resulting in an FAR 11-09-17 Planning Commission Resolution No. PC2019-014 that is consistent with neighboring lots of similar size, located within the same or similar zoning designation. 4. The Property is not located within a specific plan area. SECTION 5. TITLE 21 LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN REQUIRED FINDINGS Coastal Development Permit In accordance with NBMC Subsection 21.52.015(F) (Coastal Development Permits - Findings and Decision), the following findings and facts in support of such findings as set forth: Finding: R. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The proposed deviations to the front setback and floor area limitation allow for a development that is similar and compatible in design, bulk, and scale of the existing neighborhood pattern of development and expected future development. The maximum floor area limitation granted by the variance would allow 5,888 square feet of floor area, or an FAR of 1.04, consistent with the typical FAR of other properties in the vicinity ranging between 0.94 and 1.17. 2. With the exception of the variance request, the proposed development complies with applicable residential development standards including, but not limited to, side setbacks, height, and parking as follows: a. The Project's design maintains the required side setbacks of 6 feet, 6 inches (or 8 percent of the width) and the required rear setback of 12 feet. No walls encroach into the required rear alley setback leaving the area free and clear for enhanced vehicular movement through the private alley. b. The proposed residence complies with the height limitations of the Zoning Code, which allows a maximum of 28 feet for flat roofs and 33 feet for sloped roofs, measured from established grade. c. As the Project is for two units, one covered parking space and one enclosed parking space are required for each unit. The proposed development provides a two -car garage for each unit and is, therefore, compliant. 3. The Property is located in an area known for the potential of seismic activity and liquefaction and is required to comply with the California Building Code ("CBC") and the City's Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of 11-09-17 Planning Commission Resolution No. PC2019-014 Paae 11 of 20 building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 4. The development is located approximately 700 feet from the nearest beach. Due to the large distance from coastal waters, a Water Quality Management Plan ("WQMP") and a Construction Pollution Prevention Plan ("CPPP") are not required. A post -construction drainage system will be installed that includes drainage and percolation features designed to retain dry weather and minor rain run-off on -site to ensure the project does not impact water quality. Any water not retained on -site is directed to the City's storm drain system. 5. Proposed landscaping complies with NBMC Section 21.30.075 (Landscaping). A condition of approval is included that requires drought -tolerant, and prohibits invasive, species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 6. The Property is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. The existing residential lot does not currently provide nor inhibit public coastal access. The Property is more than 700 feet from the nearest public beach and the proposed development will remain a private residential lot. Finding: S. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. Although the Property is located between the nearest public road and the sea or shoreline, it does not currently provide nor inhibit public coastal access. The Property is more than 700 feet from the nearest public beach and the proposed development will remain a residential lot. The Property does not currently provide nor inhibit coastal access and the proposed development will not impact public access to local coastal resources. 2. The Property is approximately 200 feet east of Begonia Park, which has a coastal viewpoint designated on Coastal Views Map 4-3 of the Coastal Land Use Plan. Views from this viewpoint, however, are to the southwest looking down Bayside Drive and over the row of homes adjacent to the Newport Harbor, not through or towards the Property. 3. Development on the Property will not impair any unidentified public coastal views, as there is substantial intervening residential development between it and the shoreline. Variance In accordance with NBMC Section 21.52.090 (Relief from Implementation Plan Development Standard), the following findings for a variance and facts in support of such findings as set forth: Planning Commission Resolution No. PC2019-014 Page 12 of 20 Finding: T. The Planning Commission has considered the following. i. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and ii. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. Facts in Support of Finding: 1. Granting of a variance will allow redevelopment of an existing residential lot and will result in a structure that is equitable in size to those in the surrounding area. The proposed bulk and mass will be to scale with other structures on adjacent lots. 2. The reduced front setback is necessary in order to accommodate a two -car garage for each residential unit due to Dahlia Place, which provides access to the Property and neighboring properties. The design proposes a compliant rear alley setback to allow for adequate vehicular maneuvering and access to garages. This increased setback will also serve to improve access for neighbors utilizing the narrow private alleyway to access their homes. 3. While the Project is requesting variances to front setback and floor area limit, it complies with all other applicable residential development standards including, but not limited to, side setbacks, open volume area, height limitation, and parking requirements. 4. Disapproval of the variance could result in the inability to construct a two -unit residence given the private alley access, existing above -ground utilities, and the requirement to provide parking for four vehicles. 5. There are no coastal resources to protect on the Property. Finding: U. The granting of the variance is necessary due to the practical difficulties associated with the property and that the strict application of the Implementation Plan results in physical hardships. Facts in Support of Finding: 1. The Property and its immediate neighbors have a unique orientation compared to other residential properties in Corona del Mar. The Property and surrounding properties in Block 231 were originally subdivided in 1904. Following the original subdivision, the subsequent subdivision and reorientation of the lots that constitute the Property made no provision for vehicular access from a public right-of-way. Access to the Property is provided via a 14- 11-09-17 Planning Commission Resolution No. PC2019-014 Paoe 13 of 20 foot -wide private ingress/egress easement, which is the equivalent size of a typical alley in Corona del Mar. Seven feet of the Dahlia Place private alley is provided across 60 feet of the property line adjacent to Dahlia Place. The five-foot setback from Dahlia Place is consistent with the typical, required five-foot setback from 14-foot-wide alleys throughout Corona del Mar. 2. Although the Property is 70 feet deep by 81 feet wide and is rectangular in shape, it is only accessible by a narrow private alleyway that runs east and west. Most properties with the same RM designation have vehicular access from a public alleyway that runs north and south. 3. While the Property is 81 feet wide and wider than the typical lots in the surrounding neighborhood, the depth of 70 feet is far shallower than the more standard 118-foot depth. The unusual shape and orientation of this lot does not generally apply to other properties in the vicinity under the same residential zoning classification. Finding: V. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district. Facts in Support of Finding: 1. Strict compliance with the Zoning Code deprives the Property of a buildable area that is comparable to typical lots with similar lot sizes. With the current setback configuration, 54 percent of the lot is dedicated to the required setbacks. Surrounding typical properties have an approximate setback dedication of 36 percent. 2. Without granting the variance to increase the floor area, the Applicant could not construct a two -unit residence on the Property similar to and consistent with what the development regulations permit on other lots in the area. Per Zoning Code and LCP development standards, the Applicant can only build a 4,676-square-foot structure (including 800 square feet for a garage), which results in a FAR of 0.82. This is smaller than what could be constructed on typical rectangular R-2 lots in Corona del Mar, which have FARs between 0.94 and 1.17. 3. The Applicant is requesting a maximum floor area of 5,900 square feet, which would result in an FAR of 1.04 that is consistent with other properties in the vicinity and within the same or similar zone. 4. The required 12-foot rear setback, in addition to the large 20-foot front setback along the Bayside Drive property line, constitutes an impingement on the Applicant's right to develop the Property. The resulting buildable depth is 38 feet, which is much smaller than the more typical 93-foot buildable depth on more standard Corona del Mar residential lots. Granting 11-09-17 Planning Commission Resolution No. PC2019-014 Paae 14 of 20 an 8-foot front setback would bring parity between the Property and the surrounding neighborhood. Finding: W. The variance complies with the findings required to approval a coastal development permit in NBMC Section 21.52.015(F). Fact in Support of Finding: Facts in Support of Findings R and S above are hereby incorporated by reference. Finding: X. The variance will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs. Fact in Support of Finding: The Property does not currently provide access to the sea or shoreline, nor does it provide access to any coastal parks, trails, or coastal bluffs. Finding: Y. The variance will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas. Facts in Support of Finding: Facts in Support of Finding S above are hereby incorporated by reference. Finding: Z. The variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation or wildlife species. Fact in Support of Finding: There are no coastal resources on the Property nor are there any in the immediate area that could be affected by its redevelopment. Finding: AA. The granting of the variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the Local Coastal Program. 11-09-17 Planning Commission Resolution No. PC2019-014 Page 15 of 20 Fact in Support of Finding: Facts in Support of Finding T above are hereby incorporated by reference. SECTION 6. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-059, Variance No. VA2018-005, and Tentative Parcel Map No. NP2018-023, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 2. The Variance action shall become final and effective fourteen (14) days following the date this Resolution was adopted, unless within such time an appeal is filed with the City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning. 3. The Coastal Development Permit 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 NBMC Title 21 Local Coastal Implementation Plan. Final action taken by the City may be appealed to the Coastal Commission in compliance with NBMC Section 21.64.035 and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF MAY, 2019. AYES: Kleiman, Koetting, Kramer, Lowrey, Weigand and Zak NOES: ABSTAIN: Ellmore ARSVNT 1 11-09-17 Planning Commission Resolution No. PC2019-014 Paqe 16 of 20 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Planning Division 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 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. 4. A copy of this Resolution, including conditions of approval Exhibit "A," shall be incorporated into the City's Building Division and field sets of plans prior to issuance of the building permits. 5. Prior to the recordation of the Parcel Map, the Property Owner shall pay the In -Lieu Park Dedication fee in effect at the time of recordation for the increase of one dwelling unit. 6. Subsequent to the recordation of the parcel map and prior to final of the building permit for construction of the new duplex, the Applicant shall apply for a building permit to change the description of the subject development from "duplex" to "condominium. " The development will not be condominiums until this permit is finalized. The building permit for the new construction shall not be finalized until after recordation of the parcel map. 7. At building permit issuance, the Property Owner shall pay the Fair Share Traffic fee in effect at that time of issuance for the increase of one dwelling unit. 8. The structure shall maintain a minimum rear setback of 12 feet. 9. The structure shall maintain a minimum front setback of eight feet. 10. The structure shall maintain minimum side setbacks of six and a half feet, consistent with the requirement to maintain eight percent of the width as the side setbacks within the RM District. 11. The maximum floor area shall not exceed 5,900 square feet inclusive of the garage areas, but excluding the subterranean basement. 11-09-17 Planning Commission Resolution No. PC2019-014 Page 17 of 20 12. Prior to the issuance of a building permit, the Applicant shall submit a final 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 City's Planning Division. 13. 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. 14. 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 City's Planning Division. 15. Prior to the issuance of a building permit, the Applicant shall submit to the City's Planning Division an additional copy of the approved architectural plans for inclusion in the application 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 Coastal Development Permit, Variance, and Tentative Parcel Map application. 16. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 17. Debris from demolition shall be removed from work areas each day and removed from the Project within 24 hours of the completion of the project. Stock piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 18. Prior to the issuance of building permits, the Applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 19. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 20. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, wetland or their buffers. 21. Should the Property be sold or otherwise come under different ownership, any future 11-OM7 Planning Commission Resolution No. PC2019-014 Page 18 of 20 owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 22. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 23. 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 NBMC Title 20 Planning and Zoning. 24. Prior to issuance of any building permit, the Applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works and Community Development Departments. The plan shall include discussion of project phasing; parking arrangements for both sites during construction (including construction parking); anticipated haul routes; and construction mitigation. Upon approval of the plan, the Applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. Furthermore, the plan shall include a requirement to provide reasonable notification to all neighboring property owners who rely on the private access easement if there will be any temporary obstruction of said easement related to the construction of the Project. 25. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 26. 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 11-09-17 Planning Commission Resolution No. PC2019-014 Page 19 of 20 whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Goetz Residential Condominiums and Variance including, but not limited to, Coastal Development Permit No. CD2018-059, Variance No. VA2018-005, and Tentative Parcel Map No. NP2018-023 (PA2018-138). 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. Public Works Department 27. A Parcel Map shall be recorded. The Map shall be prepared on the California coordinate system North American Vertical Datum of 1988 (NAVD 88). Prior to recordation of the Map, the surveyor/engineer preparing the map shall submit to the County Surveyor and to the City a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9- 337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City shall comply with the City's CADD Standards. Scanned imaged will not be accepted. 28. Prior to the recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 29. All improvements shall be constructed as required by Ordinance and the Public Works Department. 30. Each unit shall be served by its individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed with a traffic -grade box and cover. 31. An encroachment permit is required for all work activities within the public right-of-way. 32. All improvements shall comply with the City's sight distance requirement pursuant to City Standard 110-L. 33. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 11-09-17 Planning Commission Resolution No. PC2019-014 Page 20 of 20 34. The Applicant is responsible for the design and construction from manhole (mh29-004) to the new terminal cleanout adjacent to the property line of 358 Dahlia Place and 348 Dahlia Place. Final design shall be reviewed and approved by the Public Works Department. 35. The Applicant is responsible for the reparation and re -landscaping of the slope above Bayside Drive. Building Division and Fire Department 36. The Property Owner shall provide independent utility services, including separate fire sprinkler risers, for each condominium unit. 37. The Project shall include fire sprinklers. 38. Prior to issuance of any building permit, the proposed chimney on the Bayside Drive frontage that bisects the Project design shall be redesigned such that it does not exceed the rootline of the third floor. 11-09-17