Loading...
HomeMy WebLinkAbout1569 - APPROVE SD_438 DAHLIA AVEI ,7 DF-if) It ULl]L#LX#W M14% A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING SITE PLAN REVIEW NO. 2002 -002 FOR PROPERTY LOCATED AT 438 DAHLIA AVENUE (PA2002 -103) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Anthony Candelmo with respect to property located at 438 Dahlia Avenue and described as Lot 20 in Block 432 of Corona del Mar Tract, requesting approval of Site Plan Review No. 2002 -002 to establish grade in order to construct a new duplex within Corona del Mar. Section 2. A public hearing was held on August 8, 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: 1. The proposed grade, lot configuration and new duplex are 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 grade is consistent with the provisions of Zoning Code Section 20.65.030.B.3 in that the existing natural grade is in appropriate for the purpose of measuring height and the new established grade is more reasonable and workable in that it results in a uniform building envelope across the width and depth of the property. 3. The proposed grade will result in a building design that is more in conformity with other lots and building designs throughout the neighborhood, and the resultant project is in conformity with the development standards of the zone district within which it is located. 4. The proposed new grade will result in a lot that is at street level and will result in a project that will have storm drainage to the street. 5. The design of the proposed improvement will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 6. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 2 (Replacement or reconstruction). Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Site Plan Review No. 2002 -002, subject to the Conditions set forth in Exhibit "A." City of Newport Beach Planning Commission Resolution No. 1 Y61 Page 2 of 4 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 8th DAY OF AUGUST, 2002. EW Chairman Secretary AYES: Agaianian, McDaniel, Kiser, Gifford and Selich NOES: ABSENT: Tucker City of Newport Beach Planning Commission Resolution No. 1 Page 3 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL SITE PLAN REVIEW NO. 2002-002 1. The development shall be in substantial conformance with the approved plot plan, floor plan, elevations and preliminary grading plan dated May 31, 2002. 2. Site Plan Review No. 2002 -002 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 site plan review, or revoke this site plan review 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. 5. All improvements Shall be constructed as required by Ordinance and the Public Works Department. 6. 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. 7. 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 completion of the public improvements. 8. 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. 9. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. All vehicular access shall be from the adjacent alley, and the carport shall be redesigned to have a maximum 5% slope. 10. The brick pavers in the Dahlia Avenue parkway shall be removed and replaced with turf in accordance with City Council Policy No. L -22. 11. 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 City of Newport Beach Planning Commission Resolution No. Paee 4 of 4 control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 12. Fence and/or wall height along the north and south property lines shall not exceed three feet. In the event the adjacent property to either the north or south is redeveloped in the future and the grade of the redeveloping property is raised to approximately the same level as the subject property grade, the fence /wall height along the property line adjacent to the redeveloping property may be raised to the full height permitted by the Zoning Code. 13. Prior to issuance of a building permit, the applicant shall prepare a drainage plan to the approval of the Public Works Department. The drainage plan shall also address any drainage from adjacent properties that currently cross the subject property and shall provide for adequate drainage facilities from those properties to be installed by the applicant. 14. The site plan and grading plan shall be revised such that the retaining wall proposed to be located at the north property line shall be partially constructed on the adjacent property. The intent is to fill in the side yard near Dahlia Avenue so the grade of the abutting sideyards is similar. The applicant shall be responsible for the cost of constructing the retaining structure. At a minimum, the side yard area within the required front yard of 15 feet shall be filled. The fill may extend further toward the alley within the side yard, but the entire side yard need not be filled. The final location and extent of the retaining structure shall be approved by both property owners and subject to the review and approval of the Planning Director. The adjacent property owner's consent shall be required and written evidence shall be provided to the Planning Department prior to the issuance of a building permit. If an easement is required for the location, construction and preservation of the retaining wall, said easement shall be recorded prior to the issuance of a building permit for the structure. If the abutting property owner does not consent to the construction of the retaining wall on their property, an amended project shall require review and approval by the Planning Commission.