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HomeMy WebLinkAbout1855 - APPROVE SD_1401 DOLPHIN TERRACERESOLUTION NO. 1855 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING SITE DEVELOPMENT REVIEW NO. SD2011 -001 FOR PROPERTY LOCATED AT 1401 DOLPHIN TERRACE (PA2011 -129) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Tien and Amy Nguyen, with respect to property located at 1401 Dolphin Terrace, and legally described as Lot 4 of Tract No. 2334 requesting approval of a site development review. 2. The applicants request approval of a site development review to allow an increased development area within the Bluff Overlay District for the construction of 16 caissons within Development Area C for safety and slope stability of an existing residence and patio terrace. 3. The subject property is located within the R -1, B (Single -Unit Residential, Bluff Overlay) zoning district and the General Plan land use element category is RS -D (Single -Unit Residential Detached). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD -A (Single -Unit Residential Detached). 5. A public hearing was held on September 22, 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. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). 2. The proposed development involves the construction of accessory caissons for the existing single - family residence within Development Area C of the Bluff Overlay District. Therefore, the proposed project qualifies for an exemption under Class 3. Planning Commission Resolution No. 1855 Page 2 of 9 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.28.040 (Bluff (B) Overlay District) of the Zoning Code, the Planning Commission must make the following findings for approval of an increased development area through the approval of a Site Development Review: Finding: A. The increased bluff development area will ensure a slope stability factor of safety greater than or equal to 1.5 at the end of the economic life of the development for the static condition of the bluff or a factor of safety greater than or equal to 1.1 for the seismic condition of the bluff or canyon, whichever is farther landward; Facts in Support of Finding: A -1. The increased bluff development area will allow for the installation of 16 caissons. The calculations provided by the geotechnical engineer demonstrate that the installation of the caissons at this location will ensure a slope stability factor of safety greater than or equal to 1.5 at the end of the economic life of the development for the static condition of the bluff or a safety factor of safety greater than or equal to 1.1 for the seismic condition of the bluff. Finding: B. The increased bluff development area will provide adequate protection from the erosion factors for the economic life of the development; Facts in Support of Finding: B -1. As demonstrated by the calculations provided by the geotechnical engineer, the proposed caissons are sufficient to provide a slope stability factor of greater than 1.5, which is considered adequate protection from the erosion factors for the economic life of the existing single - family residence and accessory structures on the subject property. Finding: C. The increased bluff development area will be compatible and consistent with surrounding development, and Facts in Support of Finding: C -1. The existing residence is nonconforming to the bluff development standards, which were adopted after the development of the primary residence and accessory structures. A number of properties along the bluff side of Bayside Drive have existing accessory structures such as pools, fences, stairways, and solar panels that are nonconforming to the bluff development standards. Therefore, the proposed Tmpll: 03/08/11 Planning Commission Resolution No. 1855 development is consistent with surrounding development along the bluff side of Bayside Drive. C -2. The installation of caissons within the bluff development setback area are necessary for the safety and stability of the subject property and surrounding development. C -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. Finding: D. The increased bluff development area will not have an impact on public views, sensitive habitat areas, and is not otherwise detrimental to the general public health and welfare. Facts in Support of Finding: D -1. The proposed caissons will be installed below grade and will not result in a negative impact to public or private views, D -2. The bluff where development is proposed is not located within an environmental study area. While vegetation may be temporarily removed for the installation of the caissons they will be located below grade and will not negatively impact the growth of vegetation on the slope area. In accordance with Section 20.52.080 (Site Development Review) of the Zoning Code, the Planning Commission must also make the following findings for approval of a site development review: Finding: E. The proposed development is allowed within the subject zoning district, Facts in Support of Finding: E -1. The site is designated RS -D (Single -Unit Residential Detached) by the General Plan Land Use Element. This designation allows for a range of detached single - family residential dwelling units; each I ocated on a single legal lot, and does not include condominiums or cooperative housing. The existing single - family residence is consistent with this land use designation. The proposed project requires a site development review to allow the proposed caissons within Bluff Development Area C. E -2. The existing residence is compatible with the land uses permitted within the surrounding neighborhood. The new caissons will improve slope stability to maintain the existing structures on -site. Tmpit: 03/08/11 Planning Commission Resolution No. 1855 Paae 4 of 9 E -3. The subject property is not part of a specific plan area. Finding: F. The proposed development is in compliance with all of the applicable criteria identified in Subparagraph C.2.c: a. Compliance with this Section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent development; and whether the relationship is based on standards of good design; c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and f. The protection of significant views from public rights) -of -way and compliance with Section 20.30. 100 (Public View Protections); and Facts in Support of Finding: F -1. The site is designated RS -D (Single -Unit Residential Detached) by the General Plan Land Use Element. The subject property is located on the R -1, B (Single -Unit Residential Detached, Bluff Overlay) zoning district. The RS -D land use designation and the R -1 zoning district are intended to provide for areas appropriate for a range of detached single - family residential dwelling units; each located on a single legal lot. The existing single - family residence on the subject property is consistent with these designations. The proposed project requires a site development review to allow an increase in development area permitted by the Bluff Overlay to allow for the construction of caissons to support the existing principal and accessory structures. F -2. The development of the proposed caissons in the bluff development setback area will ensure the harmonious and safe relationship of the existing residence to the accessory structures on -site and development on the adjacent properties. The proposed project will increase the slope stability of structures developed on the slope along Bayside Drive. Tmpit: 03108/11 Planning Commission Resolution No. 1855 Page 5 of 9 F -3. The proposed development within the development setback Area C will occur below grade and will not result in additional building bulk or visible structures along the existing coastal bluff. F -4. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Any additional utility upgrades required for the change in occupancy will be required at plan check and have been included in the conditions of approval. F -5. While the proposed project may result in the temporary removal of vegetation along the coastal bluff for the installation of the caissons, this condition will not be permanent and vegetation will be allowed to grow within the bluff setback area following the completion of construction. F -6. Public views will not be impacted because the proposed construction will occur below grade. The project -site occurs below the public right -of -way, and the project site is not designated as a public view point by the City's General Plan. Finding: G. The proposed development is not detrimental to the harmonious and orderly growth of the City, or 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 of the proposed development. Facts in Support of Finding: G -1. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. The existing railroad ties within the right -of- way along Bayside Drive will be removed to reduce the occurrence of private access and jaywalking. The curb drains along Bayside Drive will be modified to add an energy reducer and ensure that the discharge stays within the flow line. G -2. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Site Development Review No. SD2011 -001, 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 Tmplt: 03/08 /11 Planning Commission Resolution No. 1855 Page 6 of 9 with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 22 "d DAY OF SEPTEMBER, 2011. AYES: Ameri, Hawkins, Hillgren, Kramer, Myers, Toerge, and Unsworth NOES: None. ABSTAIN: None. ABSENT: None. BY: Q Q,..' Q. u. \ .X L Charles Unswolfh, Chairman ma Secretary TmpIC 03108/11 Planning Commission Resolution No. 1855 Paae 7 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) 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. Site Development Review No..SD2011 -001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Site Development Review. 5. This Site Development Review may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Site Development Review or the processing of a new site development review. Should the property be sold or otherwise come under different ownership, any future owner(s) or assignee(s) shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 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. A copy of this approval letter shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Site Development Review 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 Tmplt: 03/08111 Planning Commission Resolution No. 1855 Paae 8 of 9 plans shall accurately depict the elements approved by this Site Development Review and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 11. 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. 12. 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 between the hours of 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 13. 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 Nguyen Residence Site Development Review including, but not limited to, the Site Development Review No. SD2011 -001 (PA2011- 129). 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. Fire Department and Building Division Conditions 14. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required for the proposed caissons. 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. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 15. 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. Tmpit: 03/08111 Planning Commission Resolution No. 1855 Pace 9 of 9 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 30 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. Public Works Conditions 16. Prior to final of building permits, the stairs and wall within the public right -of -way of Bayside Drive shall be removed, subject to review and approval of the Public Works Department. Structural encroachments are not permitted within the public right -of -way. 17. Prior to final of building permits, a modification of the curb drains along Bayside Drive shall be required to add an energy reducer and ensure that the discharge stays within the flow line, subject to review and approval of the Public Works Department. 18. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. TmpIC 03/08/11