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HomeMy WebLinkAbout1536 - APPROVE VA AND MD_3631 OCEAN BLVDRESOLUTION NO. 1536 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2001 -001 AND MODIFICATION NO. 2001 -092 FOR PROPERTY LOCATED AT 3631 OCEAN BOULEVARD (PA2001 -062) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DOES HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was duly filed by the applicant, Ed Lorbach on behalf of the property owners Mr. and Mrs. Jackson with respect to property located at 3631 Ocean Boulevard and legally described as Parcel 15 of Parcel Map 1257, requesting approval of a Variance and Modification Permit to construct a three level, 6,044 square foot residence that exceeds the 24/28 -foot height limit. The residence would also encroach within the 10 -foot front yard setback up to 10 feet in some places. The property is located within the R -1 (Single - Family Residential) zone district. Section 2. A public hearing was duly held on August 23, 2001 and September 20, 2001, at 6:30 P.M. in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was duly given. Evidence, both written and oral, was duly presented to and considered by the Planning Commission at the aforesaid meeting. Section 3. The Planning Commission finds as follows: a) The proposed development, a detached single family home, is consistent with the General Plan, Land Use Element designation of the property which is Single - family Detached. b) An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The contents of the environmental document have been considered in the various decisions on this project. On the basis of the analysis set forth in the Initial Study and Mitigated Negative Declaration, including the mitigation measures listed, the proposed project does not have the potential to significantly degrade the quality of the environment. There are no long -term environmental goals that would be compromised by the project. No cumulative impacts are anticipated in connection with this or other projects. There are no known substantial adverse affects on human beings that would be caused by the proposed project. C) The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. The only easement that exits on the site is a sewer easement Planning Commission Resolution No. 1536 Page 2 of 7 that will serve the proposed construction. The sewer easement will remain accessible with the implementation of the project provided that a sewer clean out is installed. d) Alteration of the more natural portion of the coastal bluff is minimized due to the siting of the proposed residence. The residence will occupy the required front yard setback which is presently developed rather than having the residence extend further upon the relatively undisturbed seaward portion of the bluff. Additionally, a majority of the project is does not extend beyond a "stringline" drawn between the two adjacent residences. The lowest extent of the development, including the at -grade deck is similar to the elevation of the lower portions of the two adjacent residences (approximately 5 -6 feet lower than the residence to the west and approximately 5 -6 feet higher than the residence to the east). e) The granting of the variance to allow portions of the residence to exceed permitted height limits is warranted in that there are special circumstances applicable to the property; approval is necessary for the preservation and enjoyment of substantial property rights of the applicant; approval is consistent with the purposes of this code; and will not be materially detrimental to the surrounding neighborhood for the following reasons: 1. The steeply sloping topography of the site restricts the ability to comply with the height limitations while constructing a residence comparable to newly constructed residences located in Corona Del Mar. 2. The code provides the flexibility in application of land use and development regulations by way of permitting variance applications, and the variance procedure is intended to resolve practical and unnecessary physical hardships resulting from the unique topography and lot configurations that exist in the area and on this lot. 3. The entire residence will be constructed at a lower level than the existing residence which will improve public views from Ocean Boulevard. 4. Due to the siting of the proposed residence within a "stringline" drawn between the two adjacent residences, its footprint elevation being similar to the two adjacent residences and its location, which is relatively distant from Corona Del Mar Beach, the proposed project will not significantly impact the views of the coastal bluffs. f) The proposed project will not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of this code for the following reasons: Planning Commission Resolution No. 1536 Page 3 of 7 1) The proposed residence will be approximately 44 feet from the existing sidewalk. This increased distance sufficiently separates the building mass from the sidewalk especially due to the lower overall height of the residence as measured in relation to the curb and sidewalk. 2) The code provides the flexibility in application of land use and development regulations by way of permitting modification applications, and the variance procedure is intended to resolve practical and unnecessary physical hardships resulting from the unique topography and lot configurations that exist in the area and on this lot. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Variance No. 2001 -001 and Modification Permit No. 2001 -092, subject to the Conditions set forth in Exhibit "A" attached. Section 5. 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 or this action is call for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 20u' DAY OF SEPTEMBER, 2001. BY: AYES: McDaniel, Kiser, Agaianian, Tucker Kranzley. Selich NOES: ABSENT: Gifford Tucker, Chairman BY( Earl McDaniel, Secretary Planning Commission Resolution No. 1536 Page 4 of 7 F0.446-1-YINFEM CONDITIONS OF APPROVAL VARIANCE NO. 2001 -001 & MODIFICATION PERMIT NO. 2001 -092 The development shall be in substantial conformance with the revised site plan, floor plan and elevations dated 09/13/2001 except as noted below. 2. All public improvements shall be constructed as required by Ordinance and the Public Works Department. 3. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to the completion of the public improvements. 4. The final design of the driveway shall have a maximum grade of 20% with minimum 5 -foot tangents and maximum grade changes of 11% unless otherwise approved by the Traffic Engineer. The final driveway design shall be subject to further review by the Traffic Engineer. 5. The existing 5 -foot wide public sidewalk shall remain where it presently is constructed (8' to 12' back of curb) except at the proposed driveway approach where it shall be placed a minimum of 5 feet from the back of curb face. The driveway approach must have a minimum 6" hike -up in order to prevent Ocean Boulevard drainage from entering the property. All work shall be completed under an encroachment permit issued by the Public Works Department. 6. A City Council approved encroachment permit and encroachment agreement shall be executed by the property owner to permit private improvement encroachments within the Ocean Boulevard right -of -way. 7. That disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 8. The intersection of the private drive and Ocean Boulevard shall be designed to provide sight distance for a speed of 30 miles per hour. Slopes, landscaping, walls and other obstruction shall be considered in the sight distance requirement. Landscaping within sight line shall not exceed 24 inches in height. 9. Chimneys shall not exceed the minimum height required by the Uniform Building Code and any portion of the chimney which extends above applicable height limits of the Zoning Planning Commission Resolution No. 1536 Page 5 of 7 Code shall be no wider than 2 feet and no deeper than 4 feet. For the purpose of this condition, the smaller dimension of the chimney will be parallel to Ocean Blvd. 10. Overhead utilities serving the site shall be placed underground to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 11. A drainage study shall be prepared by the applicant and approved by the Building Department showing all on -site drainage being directed to Ocean Boulevard. 12. Coastal Commission approval shall be obtained prior to issuance of any building, grading or demolition permits. 13. County Sanitation District fees shall be paid prior to issuance of any building permits. 14. Exiting from each level of the residence shall comply with applicable standards of the Building and Fire Code. The structure requires a fire suppression system (sprinklers) as the structure exceeds 5,000 square feet. 15. Prior to the issuance of a building or grading permit, the applicant shall prepare a shoring plan that shall be subject to the review and approval of the Building Department if it is determined that shoring is necessary for the construction of the proposed project. 16. A sewer main lateral and cleanout shall be installed behind and under the proposed residence subject to the standards and permit requirements of the Building Department and Utilities Department. The existing water meter shall be upgraded if determined necessary for the fire suppression system. 17. a) During construction activities, the applicant shall ensure that the project will comply with SCAQMD Rule 402 (Nuisance), to reduce nuisance due to odors from construction activities. (Mitigation Measure No. 1) b) During construction activities, the applicant shall ensure that the following measures are complied with to reduce short-term (construction) air quality impacts associated with the project: a)controlling fugitive dust by regular watering, or other dust palliative measures to meet South Coast Air Quality Management District ( SCAQMD) Rule 403 (Fugitive Dust); b)maintaining equipment engines in proper tune; and c) phasing and scheduling construction activities to minimize project - related emissions. (Mitigation Measure No. 1) c) To control dust, the project proponent shall comply with the following measures: • Limit the disturbance area to the extent feasible. • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Apply water four times daily to all unpaved parking or staging areas. Planning Commission Resolution No. 1536 Page 6 of 7 • Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway. • Use street sweepers to clean and pick up trailing dust from roads in the vicinity of the project. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 miles per hour. • Hydroseed or otherwise stabilize any cleared area which is to remain inactive for more that 96 hours after clearing is completed. (Mitigation Measure No. 1) d) To control emissions, the project proponent shall comply with the following measures: • Require 90 -day low -Nox tune -ups for off -road equipment. • Limit allowable idling to 10 minutes for trucks and heavy equipment. Mitigation Measure No. 1) e) To minimize off -site impacts, the project proponent shall comply with the following measures: • Encourage car pooling for construction workers. • Limit lane closures to off -peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off site. • Wash or sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. (Mitigation Measure No. 1) 18. Prior to the issuance of a grading permit, the project applicant shall provide written evidence to the City that a qualified paleontologist/archaeologist has been retained to observe grading activities and salvage and catalog cultural material or fossils as necessary. The paleontologist/archaeologist shall be present at the pre- grading conference, establish procedures for paleontological/ archaeological resource surveillance, and establish, in cooperation with the Applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the cultural material or fossils. If major paleontological /archaeological resources are discovered, which require long -term halting or redirecting or grading, the paleontologist/ archaeologist shall report such findings to the Applicant and the City. The paleontologist/archaeologist shall deter -mine appropriate actions, in cooperation with the Applicant, which ensure proper exploration and/or salvage. Excavated finds shall be offered to the City, or its designee, on a first - refusal basis. The Applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of special significance, or a museum in Orange County indicates a desire to study and/or display them at the time, in which case items shall be a Planning Commission Resolution No. 1536 Page 7 of 7 donated to the City, or designee. These actions shall be subject to the approval of the City. (Mitigation Measure No. 2) 19. During construction activities, the project will comply with the erosion and siltation control measures of the City's grading ordinance and all applicable local and State building codes and seismic design guidelines, including the City Excavation and Grading Code (NBMC Section 15.10). (Mitigation Measure No. 3) 20. The recommendations contained in the Geotechnical Investigation (Petra Report No. J.N. 358 -00) and any subsequent geotechnical or geologic report for the project shall be incorporated into the project. (Mitigation Measure No. 4) 21. The project shall conform to the requirements of the National Pollutant Discharge Elimination System (NPDES) and shall be subject to the approval of the Public Works Department to determine compliance. (Mitigation Measure No. 5) 22. The applicant shall ensure that the project will comply with the provisions of the City of Newport Beach General Plan Noise Element and the Municipal Code pertaining to noise restrictions. During construction activities, the hours of construction and excavation work are allowed from 7:00 a.m. to 6:30 p.m. on weekdays and 8:00 a.m. to 6:00 p.m. on Saturdays, and not at any time on Sundays and holidays. (Mitigation Measure No. 6) 23. Prior to the issuance of a grading permit, the applicant shall submit a traffic control and construction access plan to address construction traffic, haul routes, truck hauling operations and parking in order to maintain safe access to the site during construction. The construction access plan shall include alternative pedestrian and bicycle path routes and an employee parking plan. The plan shall be reviewed and approved by the Traffic Department and the Planning Department. Additionally, the applicant shall obtain a haul route permit from the Revenue Division. No construction equipment shall be permitted to park overnight on Ocean Boulevard. (Mitigation Measure No. 7) 24. That this variance shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code.