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HomeMy WebLinkAbout1842 - APPROVE VA AND MD_FISHER RESIDENCE_3725 OCEAN BLVDRESOLUTION NO. 1842 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE PERMIT NO. VA2010 -001 AND MODIFICATION PERMIT NO. MD2010 -006 FOR THE FISHER RESIDENCE LOCATED AT 3726 OCEAN BOULEVARD (PA2010 -034) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mr. John McInnes, Architect, with respect to property located at 3725 Ocean Boulevard, and legally described as CORONA DEL MAR LOT BLK A POR OF BILK requesting approval of a variance and a modification permit. 2. The applicant requests approval of a variance to allow a proposed single - family dwelling to exceed the 24 -foot height limit for flat roofs within the R -1 (Single -Unit Residential) Zoning District. Additionally, the proposed single - family dwelling would exceed the "top of curb" height limit for properties on the bluff side of Ocean Boulevard. The applicant also requests a modification permit to allow the proposed single - family dwelling to encroach into the required 10 -foot front and 4 -foot side setbacks (caissons); and site - retaining walls (and caissons) with related railings adjacent to the side property lines which exceed the 6 -foot height limit allowed within side setback areas. 3. The subject property is located within the Single -Unit Residential (R -1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD -A). 5. A public hearing was held on May 19, 2011, 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 Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Section 15303 Class 3 (New Construction or Conversion of Small Structures) which includes construction of a single - family residence and related accessory structures in a residential zone. This exemption includes construction of a single - family residence in a residential area. The proposed project is a single - family residence to be constructed in the R -1 (Single -Unit Residential) Zoning District. Planning Commission Resolution No. 1842 Paae 2 of 13 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.93.030 (Modification Permit, Findings) of the Newport Beach Municipal Code (1997 Zoning Code), the following findings and facts in support of such findings are set forth: Finding: A. The granting of the application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: A -1. The subject lot is a coastal bluff lot located on the westerly side of Ocean Boulevard. Although the lot is large in total area, the buildable area is limited to the "predominant line of development' (PLOED) of the adjacent properties in order to comply with the General Plan (GP) and Local Coastal Plan (LCP) policies. The lot is further constrained by the topography within the buildable area, which slopes steeply from the front of the lot to the existing bluff edge, and steps steeply down on the northerly side to a much lower elevation than the southerly side. Additionally, within the front portion of the lot, there is a vertical drop of approximately 20 feet from the front property line to area below. These constraints make it impractical to adhere to the front setback specified in the Zoning Code and still design a driveway, garage, and entry into the dwelling while complying with predominant line of existing development policies. A -2. Below ground caissons and shoring walls within the side setbacks are necessary to provide stability for construction of the project due to the steep slope of the subject lot. The above ground retaining walls are necessary along the side property lines to provide stability for the site and to support an ingress and egress stairway from the lower area of the lot to the higher area at the front of the property and Ocean Boulevard. The retaining walls along the side property lines are also necessary to provide privacy for residents of the subject property and neighboring properties. A -3. Finding B. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: B -1. The above and below ground encroachments into the front setback are similar to those granted to neighboring properties located on the bluff face; and are less than those of the existing dwelling and garage. Tmplt: 03/08/11 Planning Commission Resolution No. 1842 Page 3 of 13 B -2. The below ground caissons and permanent shoring walls within the front and side setbacks are similar to those approved for neighboring properties. They are below ground and will not be visible from adjacent properties or Ocean Boulevard. B -3. When viewed from Ocean Boulevard, the wide public right -of -way area provides a deep front yard, which reduces the impact of the encroachment of the project into the 10 -foot front setback. The existing dwelling and two -car garage encroach into the front setback nearly to the front property line. The maximum encroachment of the proposed project will be two feet from the front property line (face of the garage). Developments on neighboring properties have been similarly approved to encroach to the front property line and have not proven to be detrimental to the area. Finding: C. The granting of such an application persons residing or working in the detrimental to the general welfare neighborhood. Facts in Support of Finding: will not adversely affect the health or safety of neighborhood of the property and will not be or injurious to property or improvements in the C -1. The maximum encroachment of the proposed project will be two feet from the front property line at the face of the garage and one - foot - three - inches from the entry area. The existing dwelling and two -car garage encroach into the front setback nearly to the front property line. Developments on adjacent properties have been approved to encroach up to the front property line and have not proven to be detrimental to the area. C -2. The below ground caissons and permanent shoring walls within the front and side setbacks are necessary to provide stability for construction of the principle and accessory structures on the site. They are subterranean encroachments that will not adversely obstruct views from the adjacent properties or from Ocean Boulevard. C -3. Portions of the above - ground retaining walls and related safety railings adjacent to the side property lines are over height because the Zoning Code in effect prior to November 25, 2010, (previous code) measures height of retaining walls from the lowest side of existing natural grade. The proposed retaining walls provide stability for the site along the side property lines and provide protection and privacy for residents of the subject property and neighboring properties. They are necessary to support a Building Code and Fire Department requirement for an access and egress stairway from the lower area of the lot to Ocean Boulevard In accordance with Section 20.91.035 (Variance, Required Findings) of the Newport Beach Municipal Code in effect prior to November 25, 2011, the following findings and facts in support of such findings are set forth: Tmplt: 03108/11 Planning Commission Resolution No. 1842 Pape 4 of 13 Finding: D. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification Facts in Support of Finding: D -1. The design and location of the project is further constrained by the topography of the site. The lot is steeply sloped at the front area and also steps down the slope on the northerly side to its lowest elevation in the northwesterly corner near the existing bluff edge. The southerly side of the lot is more gently sloping and is much higher toward the bluff edge. The uneven natural grade across the lot to the rear of the front setback area restricts the ability to design a project that complies with the 24 -foot natural grade height limitation specified in the Zoning Code at every elevation point of the structure. D -2. In order to comply with provisions of the General Plan and Local Coastal Plan, the location and design of the project is restricted to the buildable area between the rear of the front setback and the "predominant line of existing development ". D -3. The Zoning Code limits the height of the project to the "top of curb height' adjacent to Ocean Boulevard. There is a vertical drop of approximately 20 feet at the front area of the property. In order to comply with the top of curb height limitation, the driveway approach would have to be lengthened and lowered. This would require locating the project further down the bluff face, resulting in a reduction of floor area, and additional grading within the public right -of -way. Finding: E. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Finding: E -1. The subject lot consists of a steeply sloping coastal bluff. The location of the project is limited to within the buildable area between the rear of the front setback and the "predominant line of development ". Denial of the requested variances would reduce the size of the project below comparable projects in the area and necessitate an unsafe /steeper driveway to a garage or elimination of the garage altogether, which would not be consistent with the Zoning Code and neighborhood development as each home along the Ocean Boulevard bluff has a two -car garage. E -2. The design and location of the project as proposed achieves allowable development of the site within the constraints of the topography and limits of development on the bluff face. Granting of the variance requests will preserve the applicant's right to a comparable size dwelling with others in the neighborhood and the enjoyment of the property while preserving the remainder of the bluff face. Tmplt 03/06/11 Planning Commission Resolution No. 1842 Page 5 of 13 Finding: F. That the granting of the application is consistent with the purposes of this code and 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: F -1. The Zoning Code permits the approval of variances to resolve practical physical hardships resulting from the unique topography and location constraints that exist in the area and on this lot. F -2. Granting the variance to height is necessary to permit a residence that is comparable to neighboring lots along the Ocean Boulevard bluff and, therefore, would not constitute the granting of special privileges. Finding: G. That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood Facts in Support of Finding: G -1. The multi -level design of the project steps back at the upper levels, and is consistent with the design of development on neighboring properties on the bluff face. The granting of the variance requests will not adversely impact the visual view of the bluff face as viewed from the ocean or neighboring properties. G -2. When viewed from Ocean Boulevard, the height of the project as designed will be compatible with neighboring properties and will not significantly affect views from Ocean Boulevard. It will enhance the view to the ocean across the property compared to the existing dwelling and fence on the site and is lower than similar properties adjacent to the north. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Variance Permit No. VA2010 -001 and Modification Permit No. MD2010 -006 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 days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance Tmpit: 03108/11 Planning Commission Resolution No. 1842 Paoe 6 of 13 with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF MAY, 2011. AYES: Ameri, Hawkins, McDaniel, Toerge, and Unsworth NOES: None. ABSTAIN: Eaton and Hillgren ABSENT: None. BY: Earl McDaniel, Chairman BY: M" oerge, Secretary Tmplt: 03/08111 Planning Commission Resolution No. 1842 Page 7 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL Planning The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. It 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.) No development shall occur on the bluff face beyond the "predominant line of existing development', which is consistent with the "furthest seaward extent of existing development on adjacent properties" of the Bluff Overlay in this area along Ocean Boulevard. The natural bluff face shall be restored to its natural state if inadvertent alteration should occur during construction of the project. 2. Variance No. VA2010 -001 and Modification Permit No. MD2010 -006 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. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 4. The new development shall be setback from the bluff edge a sufficient distance to ensure stability, ensure that it will not be endangered by erosion, and to avoid the need for protective devices during the economic life of the structure (75 years). Such setbacks must take into consideration expected long -term bluff retreat over the next 75 years. 5. Prior to the issuance of a building or grading permit, a waiver of future shoreline protection during the economic life of the structure (75 years) shall be executed and recorded against the property. The waiver shall be binding upon all future owners and assignees. The waiver shall be reviewed and approved by the City Attorney prior to recordation. 6. Accessory structures shall be relocated or removed if threatened by coastal erosion. Accessory structures shall not be expanded and routine maintenance of accessory structures is permitted. Prior to issuance of building permits, approval from the California Coastal Commission shall be required. 8. 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 Planning Division. Tmplt: 03/08/11 Planning Commission Resolution No. 1842 Page 8 of 13 Landscaping 9. Prior to the issuance of building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. The plans shall comply with the City's Water Efficient Landscape Ordinance (Chapter 14.17) and Water Conservation Ordinance (Chapter 14.16) of the Municipal Code. These plans shall incorporate native, drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division, Public Works, and General Services Departments. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. 10. All new 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. 11. Prior to the final of building permits, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping on the property and within the public right -of -way was installed in accordance with the approved plan. 12. Reclaimed water shall be used whenever available, assuming it is economically feasible. 13. Water leaving the project site due to over - irrigation of landscape shall be minimized. If an incident such as this is reported, a representative from the Code and Water Quality Enforcement Division, shall visit the location, investigate, inform and notice the responsible party, and, as appropriate, cite the responsible party and /or shut off the irrigation water. 14. Watering shall be done during the early morning or evening hours (between 4:00 p.m. and 9:00 a.m.) to minimize evaporation the following morning. 15. All leaks shall be investigated by a representative from the Code and Water Quality Enforcement Division and the Applicant shall complete all required repairs. Tmplt: 03/06/11 Planning Commission Resolution No. 1842 Page 9 of 13 Lighting 16. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites. Public Works 17. The existing driveway approach shall be plugged per City Standard STD - 165 -L. 18. The proposed driveway approach shall comply with City Standard STD - 160 -L -C. Per discussion with the City Traffic Engineer, the maximum allowable slope is 19 percent across the entire driveway and the maximum allowable grade change is 11 percent. 19. A new sewer lateral and cleanout shall be installed per STD -406 -L and shown on final plans. The old sewer shall be capped at the property line. 20. Street, drainage and utility improvements within the public right -of -way shall be submitted on City standard improvement plan formats. All of the plan sheets shall be wet sealed, dated, and signed by the California registered professionals responsible for the designs shown on said plans. 21. All encroachments within the Ocean Boulevard public right -of -way shall comply with City Council Policy L -6. 22. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L. 23. No structural encroachment, including but not limited to columns, caissons, or tie backs are permitted within the public right -of -way unless otherwise approved by the Public Works Department. 24. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 25. 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. 26. All on -site drainage shall comply with the latest City Water Quality requirements and shall be directed to Ocean Boulevard to minimize coastal bluff recession. 27. Prior to the issuance of the building permit, Public Works Department plan check and inspection fee shall be paid. 28. Prior to issuance of a grading or building permit, the applicant shall prepare a construction phasing plan and construction delivery plan that includes routing of large Tmpit: 03/08/11 Planning Commission Resolution No. 1842 Page 10 of 13 vehicles. The plan shall include a haul route plan for review and approval by the Public Works Department. Said plan shall specify the routes to be traveled, times of travel, total number of trucks, number of trucks per hour, time of operation, and safety /congestion precautions (e.g., signage, flagmen). Large construction vehicles shall not be permitted to travel narrow streets and alleys as determined by the Public Works Department. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. The plans shall include a provision that maintains the public right -of -way open to vehicular and pedestrian traffic after working hours daily. 29. A haul route permit shall be required for any large construction related vehicle (i.e. dirt hauling vehicle). Building Division 30. 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 project shall be designed to meet fire protection requirements and shall be subject to review and approval by the Newport Beach Building Division and Fire Department. 31. Prior to issuance of the grading permit, the project applicant shall document to the City of Newport Beach Building Division that the project is designed and will be constructed to comply with current seismic safety standards and the current City- adopted version of the Uniform Building Code. 32. Prior to issuance of the grading permit, a geotechnical report provided by a licensed Certified Engineering Geologist or Geotechnical Engineer shall be submitted with construction drawings for plan check. The report shall include slope stability analyses and erosion rate estimates. The Building Division shall ensure that the project complies with the geotechnical recommendations included in the geologic investigation as well as additional requirements, if any, imposed by the Newport Beach Building Division. To assure stability, the development must maintain a minimum factor of safety of 1.5 against land- sliding for the economic life of the structure (75 years). Construction 33. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 34. Where vehicles leave the construction site and enter adjacent public streets, any visible track -out extending for more than fifty (50) feet from the access point shall be swept within thirty (30) minutes of deposition. Tmpit: 03/08111 Planning Commission Resolution No. 1842 Paqe 11 of 13 35. The construction and equipment staging area shall be located in the least visually prominent area on the site and shall be properly maintained and /or screened to minimize potential unsightly conditions. 36. A six - foot -high screen and security fence shall be placed around the construction site during construction. 37. Construction equipment and materials shall be properly stored on the site when not in use. 38. The applicant shall comply with SCAQMD Rule 403 requirements as follows: Land Clearing /Earth- Moving a. Exposed pits (i.e., gravel, soil, dirt) with 5 percent or greater silt content shall be watered twice daily, enclosed, covered, or treated with non -toxic soil stabilizers according to manufacturers' specifications. b. All other active sites shall be watered twice daily. C. All grading activities shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if soil is being transported to off -site locations and cannot be controlled by watering. d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). e. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. f. All vehicles on the construction site shall travel at speeds less than 15 mph. g. All diesel - powered vehicles and equipment shall be properly operated and maintained. h. All diesel - powered vehicles and gasoline - powered equipment shall be turned off when not in use for more than 5 minutes. j. The construction contractor shall utilize electric or natural gas - powered equipment instead of gasoline or diesel - powered engines, where feasible. Paved Roads k. Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads. (See condition No. 34 above). Tmpll; 03/06111 Planning Commission Resolution No. 1842 Pape 12 of 13 m. Construction equipment shall be visually inspected prior to leaving the site and loose dirt shall be washed off with wheel washers as necessary. 39. The applicant shall employ the following best available control measures ( "BACMs ") to reduce construction - related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • 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 mph. Emissions Require 90 -day low -NOx tune -ups for off road equipment. Limit allowable idling to 5 minutes for trucks and heavy equipment Off -Site Impacts • 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. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six -inch surface layer, subject to review /discretion of the geotechnical engineer. Miscellaneous 40. 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 Fisher Residence including, but not limited to, the Tmpil: 03/08/11 Planning Commission Resolution No. 1842 Paqe 13 of 13 VA2010 -001 and MD2010 -006 (PA2010 -034). 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. Tmplt: 03/08/11