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HomeMy WebLinkAbout1565 - APPROVE NT, MD AND CR_308 AND 312 CARNATION AVERESOLUTION NO. 1565 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING NEWPORT TRACT NO. 2002 -001, MODIFICATION PERMIT NO. 2002 -041, AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2002- 001 (PA2002 -067) FOR PROPERTY LOCATED AT 308 & 312 CARNATION AVENUE THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Andrew Goetz, authorized agent for the property owner, Richard Duggan, with respect to property located at 308 & 312 Carnation Avenue and described as Lots 8, 10, 12 and 14 in Block 231 of Corona del Mar Tract, requesting approval of Newport Tract No. 2001 -001, Modification Permit No.2002 -041, and Coastal Residential Development Permit No. 2002 -001, to allow construction six condominium units located in Corona del Mar. Included within the request is a modification of the required 7.84 -foot side yard setback to allow 4 -foot side yard setbacks. Section 2. A public hearing was held on July 18, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: The proposed six -unit condominium project is consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City. 2. The proposed Tract Map for the purposes of construction of six condominium units and the proposed design and improvements of the property are consistent with the General Plan, the Subdivision Map Act and the provisions of the Newport Beach Subdivision Code for the following reasons: a. The site is physically suitable for the type and density of the development; b. The consolidation of the two parcels will not create a parcel that is substandard and that does not meet the requirements of the Newport Beach Zoning Code; C. The design of the six -unit condominium project is not likely to cause substantial environmental damage or cause serious public injury; d. The design of the six -unit condominium project is not likely to conflict with easements, acquired by the public at large. 3. The modification of the 7.84 -foot side yard setback to allow 4 -foot setbacks on both side of the property will not, under the circumstances of this case, be detrimental to the health, safety, peach, comfort and general welfare of persons residing or working in the neighborhood, or will it be City of Newport Beach Planning Commission Resolution No. Page 2 of 5 detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further the proposed modification is consistent with the legislative intent of the Zoning Code. 4. The six -unit condominium development and the resultant demolition of the existing 15 -unit apartment buildings will not result in the removal of low and moderate income housing units within the Coastal Zone, will not result in the relocation of individuals who reside in below - market rate housing, and is otherwise consistent with the requirements of the Zoning Code regulations as they pertain to Low and Moderate Income Housing within the Coastal Zone. 5. An Initial Study and Negative Declaration (ND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft ND was circulated for public comment between June 28, 2002 and July 18, 2002. No comments were received from any responsible agency, member of the community, or other interested party and no responses were prepared. 6. The contents of the environmental document have been considered in the various decisions on this project. On the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project. There are no cumulative impacts that are anticipated in connection with the project. The project has been conditioned to mitigate any adverse conditions. The prepared Negative Declaration is hereby approved. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Newport Tract No. 2002 -001, Modification Permit No. 2002 -041, and Coastal Residential Development Permit No. 2002 -001, subject to the Conditions set forth in Exhibit "A." 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 called 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 18th DAY OF JULY, 2002. AYES: Tucker, Ag janian, McDaniel, Kiser Gifford, Kranzlev and Selich NOES: None City of Newport Beach Planning Commission Resolution No. Paee 3 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL NEWPORT TRACT NO. 2002 -001, MODIFICATION PERMIT NO. 2002 -041, AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2002 -001 1. The development shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated April 27, 2002. 2. Modification Permit No. 2002 -041 and Coastal Residential Development Permit No. 2002 -001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The Planning Commission may add to or modify conditions of approval to this use permit, or revoke this permit upon a determination that the implementation of the project which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 4. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent City - adopted version of the Uniform Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be approved by the Building Department. 5. A final map shall be recorded. The final map shall be prepared so that the Bearings relate to the State Plane Coordinate System, and shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor /engineer preparing the map shall submit to the County Surveyor 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. Prior to recordation of the final 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 Section s 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 construction project. 6. All improvements Shall be constructed as required by Ordinance and the Public Works Department. 7. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, additional street trees shall be provided and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department. City of Newport Beach Planning Commission Resolution No. _ Paee 4 of 5 8. A standard use permit agreement and accompanying surety shall be provided in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 9. Each dwelling unit building shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 10. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. 11. Curb and gutter shall be constructed along the Carnation Avenue frontage where missing or if the Public Works Department determines replace is necessary. A five -foot wide sidewalk shall be constructed along the Carnation Avenue frontage. A half width section of alley shall be reconstructed along the project frontage, including the concrete ribbon gutter. 12. The applicant shall stripe and sign any fire lane as may be established by the Newport Beach Fire Department. 13. Street, drainage and utility improvements shall be shown of standard improvement plans prepared by a licensed civil engineer. 14. A drainage study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. The private sewer laterals connecting to the City main must be designed to prevent the sewer gases in the City main from backing up into the private sewer laterals. 15. A non - exclusive easement for ingress and egress be dedicated over the Carnation Avenue frontage and that an easement for public emergency and security ingress, egress and public utility purposes over Carnation Avenue be dedicated to the City and that all easements be shown on the tract map. 16. A non - exclusive easement for ingress and egress be dedicated over the alley frontage. 17. All vehicular access to the property shall be from the adjacent alley unless otherwise approved by the City Council. 18. All Public Works Department plan check and inspection fees shall be paid by the applicant. 19. 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. City of Newport Beach Planning Commission Resolution No. _ Paee 5 of 5 20. Overhead utilities serving the site shall be undergrounded 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. 21. Any Southern California Edison transformers serving the site shall be located outside the sight distance planes in accordance with City Standard 110 -L. 22. Smoke detectors within the units shall be interconnected to waterflow switches on the fire sprinkler systems where determined by the Fire Department. 23. All on -site exterior lighting shall be provided in a manner so as to restrict any light and glare to the property. Exterior wall- mounted light fixtures shall be equipped with cut -off shields in order to prevent light spillage to surrounding properties and private streets and alleys.