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HomeMy WebLinkAboutPA2022-0151_20221021_CDD Action LetterCOMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 www.newportbeachca.gov COMMUNITY DEVELOPMENT DIRECTOR ACTION LETTER Subject: Drobot Residence Retaining Wall (PA2022-0151) ▪Staff Approval Site Location: 4709 Cortland Drive Applicant: Scott Holland Legal Description: Lot 2 of Tract 3519 On October 21, 2022, the Community Development Director approved a staff approval (PA2022-0151) determining that the partial demolition and reconstruction of an existing damaged retaining wall is in substantial conformance with Modification Permit No. MD3928. LAND USE AND ZONING •General Plan Land Use Plan Category: RS-D (Single Unit Residential Detached) •Zoning District: R-1-6000 (Single-Unit Residential) •Coastal Land Use Plan Category: RSD-A (Single Unit Residential Detached – (0.0 –5.9 DU/AC) •Coastal Zoning District: R-1-6000 (Single-Unit Residential) I.BACKGROUND On November 7, 1991, the Planning Commission approved Modification Permit No. MD3928, which authorized the construction of an approximately 11-foot-6-inch-tall retaining wall with a tempered glass windscreen above for a total height of 15 feet, 4 inches. The retaining wall spans 12 contiguous lots along East Coast Highway, as depicted on Figure 1 below. It is located within the front setback areas, which range from 30 to 38 feet. At the time of the approval, the Zoning Code limited construction within the front setback areas to 3 feet in height. Consistent with the plans reviewed and approved by the Planning Commission, the wall is constructed with interlocking split-faced block material with recessed breaks in the wall for landscaping opportunities. The purpose of the retaining wall was identified as: (1) to bring stability to an existing steep slope with erosion problems; (2) to reduce the noise from East Coast Highway from 71.1 to 60.4 decibels, and comply with noise mitigation measures of an Environmental Impact Report (EIR) approved by the County of Orange as part of the widening of East Coast Highway; and (3) to create an aesthetically pleasing wall which would complement the Newport Coast community. Drobot Residence Retaining Wall (PA2022-0151) October 21, 2022 Page 2 Tmplt: 07/25/19 Figure 1, An aerial photograph of the 12 residential lots and retaining wall. In compliance with the California Environmental Quality Act (CEQA), an initial study was prepared for the retaining wall. The Initial Study concluded that there was no substantial evidence that the project could have a significant effect on the environment. Therefore, a negative declaration was prepared and the Planning Commission approved the retaining wall. As a part of the project approval, the Planning Commission made the following findings: (1) that the wall would not be detrimental to the surrounding area; (2) that the wall would not conflict with any public easements; (3) that the wall and the windscreen above would not obstruct views from adjoining residential properties; (4) that there would be adequate space for the 10-foot wide water easement along East Coast Highway; and (5) that the wall would satisfy the mitigation measure related to noise from the County of Orange EIR. The full list of findings is attached as Attachment No. CD 2. MD3928 included several conditions of approval. The following are notable conditions that are specifically related to the construction of the wall: • Condition No. 1: That development shall be in substantial conformance with the approved plot plan, profile, elevation and section, except as noted below. • Condition No. 3: That the proposed retaining wall be located a minimum distance of 4 feet behind the existing 10-foot wide water easement (14 feet behind East Coast Highway right-of-way line) and that the bottom of the retaining wall be constructed to a depth so that a line project from the edge of the easement at the flowline pipe Retaining Wall 4709 Cortland Drive Drobot Residence Retaining Wall (PA2022-0151) October 21, 2022 Page 3 Tmplt: 07/25/19 elevation at a 45-degree angle to the wall will not undercut the bottom of the proposed wall. • Condition No. 4: That the wall be constructed in such a manner as to allow landscape materials to be planted in the wall at intermediate heights and that the area in front of the wall be fully landscaped with the installation of an appropriate irrigation system. That there shall be no trees planted within the water easement area. That the landscape plans shall be approved by the Planning, Public Works and Parks, Beaches, and Recreation Departments. • Condition No. 8: That a minimum of two additional 8-inch steps be added at the two locations where the wall is set back (for a total of at least 32 inches at both setback areas) to facilitate additional planting and to reduce the mass of the wall. II. PROPOSED CHANGES The Applicant is requesting a Staff Approval to find substantial conformance to MD3928 to demolish and reconstruct the portion of the retaining wall that is located on 4709 Cortland Drive, which is damaged and failing (see Attachment No. CD 3 for photos). The proposed wall is to be constructed with split-faced block material that is similar to the rest of the wall (Figure 2). Additionally, the design provides a minimum 32-inch setback area for landscaping and complies with the required setbacks from the 10-foot water easement and East Coast Highway right-of-way line. Figure 2, existing damaged wall (left), and a rendering of the proposed replacement (right). III. FINDINGS Per Section 20.54.070 (Changes to an Approved Project) of the Newport Beach Municipal Code (NBMC), the Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use, without a public hearing, where the Director first finds that the changes: Drobot Residence Retaining Wall (PA2022-0151) October 21, 2022 Page 4 Tmplt: 07/25/19 Finding: A. Are consistent with all applicable provisions of this Zoning Code. Facts in Support of Finding: 1. The project site is zoned R-1-6000 (Single-Unit Residential), which is intended to provide areas appropriate for a range of detached single-family residential dwelling units, each located on a single legal lot, and does not include condominiums or cooperative housing. The property is improved with a single-unit residence. The proposed replacement retaining wall would remove a damaged portion and would help ensure site stability to maintain the residential structures. 2. Retaining walls with a maximum height of 42 inches from existing grade are permitted to be located within front setback areas. The Planning Commission approved MD3928, which authorized the existing 15-foot-4-inch-tall retaining wall and windscreen. The proposed reconstruction of the portion of the retaining wall is substantially conforming with MD3928 in aesthetics, function, and location. Finding: B. Do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project. Facts in Support of Finding: 1. Prior to the approval of the existing retaining wall, an EIR was certified by the County of Orange as part of the project to widen East Coast Highway. A mitigation measure was included which required a wall for the purpose of noise attenuation for the residences located above East Coast Highway. 2. An initial study was prepared for the retaining wall. The Initial Study concluded that there was no substantial evidence that the project could have a significant effect on the environment. Therefore, a Negative Declaration was prepared and considered before the Planning Commission approved the retaining wall. 3. The Negative Declaration included three mitigation measures that: (1) required demonstration to the Building Department that the wall design able to be secure and stable in the case of underground or excavation work in the vicinity of the wall; (2) that a landscaping and irrigation plan be prepared by a licensed landscape architect for review by the Planning Department; and (3) that a licensed landscape architect or contractor shall provide written certification to the Building Division that the landscaping and irrigation system has been installed per plans. 4. The proposed wall does not contradict or affect any of the findings made in the Negative Declaration. The reconstruction of a portion of the retaining wall will not Drobot Residence Retaining Wall (PA2022-0151) October 21, 2022 Page 5 Tmplt: 07/25/19 have a significant effect on the environment. Furthermore, the retaining wall will be conditioned to comply with the mitigation measures from the Negative Declaration, as it will be required for the Applicant to submit detailed plans to the Building Division, as well as landscape plans and certification to the Planning Division. Finding: C.Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval. Facts in Support of Finding: 1.The proposed replacement retaining wall will match the existing retaining wall, as it is proposed to be constructed with split-face block material. The proposed wall includes a recessed break in the design to reduce the mass directly adjacent to East Coast Highway. The design is in substantial conformance with the plans approved by the Planning Commission, which complies with Condition No. 1 of MD3928. 2.The proposed replacement retaining wall is proposed to be set back four feet from the existing 10-foot water easement, which contains a water pipe that serves the City of Laguna Beach. In total, the wall is set back 14 feet from the East Coast Highway right-of-way line, which complies with Condition No. 3 of MD3928. 3.The proposed retaining wall includes a minimum 32-inch recessed break in the wall for landscaping. There is also additional landscaping proposed at the bottom of the wall to reduce the visual mass of the wall for motorists travelling on East Coast Highway. This complies with Conditions No. 4 and 8 of MD3928. Finding: D.Do not result in an expansion or change in operational characteristics of the use. Facts in Support of Finding: 1.The existing retaining wall is necessary to retain and support the 12 residential properties abutting East Coast Highway. Prior to the construction of the existing wall, the properties contained a slope down towards East Coast Highway. Currently, the portion of the retaining wall located on the subject property is damaged and failing. The reconstruction of the retaining wall provides safety to the residence at 4709 Cortland and reinforces the integrity of the existing wall, which is approximately 850 feet long. 2.The existing retaining wall was constructed partly due to noise issues from the previous widening of East Coast Highway. The retaining wall, with the tempered glass windscreen attached above, serves as a noise barrier to vehicular traffic on East Coast Highway. An EIR prepared for the County of Orange during the widening Drobot Residence Retaining Wall (PA2022-0151) October 21, 2022 Page 6 Tmplt: 07/25/19 of East Coast Highway required a sound attenuating wall as mitigation for the noise. The proposed wall is constructed with thick split-faced block material and includes a glass windscreen above to provide similar noise-mitigating benefits. IV. CONDITIONS 1. The development shall be in substantial conformance with the approved site plan and elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. A copy of this Staff Approval shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 4. All conditions of approval from Modification Permit No. MD3928 shall remain effective and apply to the reconstruction of the retaining wall. 5. 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 construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 6. Prior to the issuance of a building permit, the Applicant shall submit a Construction Management Plan to be approved by the Community Development Director, which demonstrates the loading weight of construction equipment used. 7. Prior to the issuance of a building permit, the Applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 8. All 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. 9. 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, Drobot Residence Retaining Wall (PA2022-0151) October 21, 2022 Page 7 Tmplt: 07/25/19 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 Drobot Residence Retaining Wall (PA2022-0151). 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. APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers). For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: ___________________________ David S. Lee, Associate Planner BMZ/dl Approved by: Attachments: CD 1 Vicinity Map CD 2 Modification Permit No. MD3928 Findings and Conditions CD 3 Photos CD 4 Project Plans Attachment No. CD 1 Vicinity Map Tmplt: 07/25/19 VICINITY MAP Staff Approval (PA2022-0151) 4709 Cortland Drive Subject Property Attachment No. CD 2 Modification Permit No. 3928 Findings and Conditions Attachment No. CD 3 Photos Attachment No. CD 4 Project Plans NEWPORT BEACH, CA Drobot Retaining Wall City Planning Staff Review Submittal No. 1: July 13, 2022 VIEW LOOKING SOUTH ALONG PACIFIC COAST HIGHWAY NEWPORT BEACH, CA Drobot Retaining Wall City Planning Staff Review Submittal No. 1: July 13, 2022 Proposed Overall Site Plan - Option B SCALE: 3/8” = 1’-0”A1Pacific Coast HighwayCorland DriveExisting Single Family Residence 50’-0”10’-0”4’-0”5’-0” PROPERTY LINE, TYP. LINE OF EXISTING WATER DISTRICT EASEMENT PROPOSED LOWER 6’-0” EXPOSED SPLIT-FACED MASONRY RETAINING WALL PROPOSED UPPER 6’-0” EXPOSED SPLIT-FACED MASONRY RETAINING WALL PROPOSED CONTINUOUS +42” HIGH GLASS GUARDRAIL, TYP. AT UPPER RETAINING WALL NEW LANDSCAPED AREA BETWEEN UPPER AND LOWER RETAINING WALLS, TYP. Project Description: NEW RETAINING WALLS TO REPLACE EXISTING DAMAGED RETAINING WALLS AT THE REAR PROPERTY OF AN EXISTING SINGLE FAMILY RESIDENCE Project Directory: OWNER: MICHAEL DROBOT 4079 CORTLAND DRIVE CORONA DEL MAR, CA 92625 TEL.: (949) 354 - 8866 EMAIL: MICHAEL@SKYACTS.COM ARCHITECT: SCOTT HOLLAND AIA ARCHITECT, PRINCIPAL ELEMENTS ARCHITECTURE, INC. 6B LIBERTY, SUITE 100 ALISO VIEJO, CA 92656 TEL.: (714) 749 - 5546 EMAIL: SHOLLAND@ELEMENTSARCH.COM Sheet Index: A0 TITLE PAGE / RENDERING A1 OVERALL SITE PLAN A2 PROPOSED SECTION AT NEW RETAINING WALLS; OPTION B A3 PROPOSED COLORS, MATERIALS, AND LANDSCAPING Vicinity Map: SITE LOCATION OF NEW UPPER RETAINING WALL AND GLASS GUARDRAIL TO MAINTAIN SAME REAR YARD SET- BACK AS EXISTING AND ALIGN WITH EXISTING GLASS GUARDRAIL ON ADJACENT PROPERTY ALIGNALIGNLOCATION OF NEW UPPER RETAINING WALL AND GLASS GUARDRAIL TO MAINTAIN SAME REAR YARD SET- BACK AS EXISTING AND ALIGN WITH EXISTING GLASS GUARDRAIL ON ADJACENT PROPERTY NEWPORT BEACH, CA Drobot Retaining Wall City Planning Staff Review Submittal No. 1: July 13, 2022 Proposed Wall Section - Option B SCALE: 3/8” = 1’-0”A2 10’-0” EASEMENT 4’-0”5’-0”3’-6”6’-0”MAXIMUM2’-0”6’-0”MAXIMUMEXISTING PROPERTY LINE NEW RETAINING WALL EXPOSED SPLIT-FACED MASONRY WIDER SPACING BETWEEN WALLS FOR IMPROVED LANDSCAPING AND MAINTENANCE NEW RETAINING WALL SHOTCRETE OVER DRILLED CONCRETE CAISSONS WITH EXPOSED SPLIT FACED MASONRY 2:1 SLOPE WITH ADDITIONAL LANDSCAPING (BY HOA) LOCATION OF NEW UPPER RETAINING WALL AND GLASS GUARDRAIL TO MAINTAIN SAME REAR YARD SETBACK AS EXISTING EXISTING WATER LINE LOCATED IN EASEMENT TO BE PROTECTED AND MAINTAINEDC.L. P.ACIFIC COAST HIGHWAYEXISTING SINGLE STORY RESIDENCE NEWPORT BEACH, CA Drobot Retaining Wall City Planning Staff Review Submittal No. 1: July 13, 2022 Proposed Colors and Materials A3PROPOSED PLANTING PLAN FIELD - 75% ORCO WHITE SPLIT FACED MASONRY ROSEMARINUS O. ‘PROSTRATUS’, CREEPING ROSEMARY - 1 GALLON SIZE ALOE ‘BLUE ELF’, BLUE ELF ALOE - 1 GALLON SIZE HESPERALOE PARVIFLORA, PINK YUCCA - 5 GALLON SIZE ROSEMARINUS O. PROSTRATUS, PROSTRATE ROSEMARY, 1 GALLON SIZE CAREX PANSA, SAND DUNE SEDGE, - 1 GALLON SIZE MUHLENBERGIA RIGENS, DEER GRASS - 1 GALLON SIZE ACCENT - 20% ORCO TAN BURNISHED MASONRY PROPOSED PLANTING PALETTE: RANDOM MIXTURE OF THE (1) GALLON PLANTS TO PROVIDE A MORE NATURAL ORGANIC LOOK AND FEEL Pacific Coast Highway