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HomeMy WebLinkAbout08/06/1998• u • CITY OF NEWPORT BEACH Planning Commission Minutes August 6, 1998 Regular Meeting - 7:00 p.m. ROLL CALL Commissioners Fuller, Ridgeway, Selich, Gifford, Adams and Ashley - Commissioner Gifford was excused Sharon Z. Wood - Assistant City Manager Patricia L. Temple- Planning Director Robin Clauson- Assistant City Attorney Rich Edmonton - Transportation and Services Manager Ginger Varin- Executive Secretary to Planning Commission Marc Myers- Associate Planner Patrick Alford - Senior Planner Minutes of July 23,1998: Motion was made by Commissioner Ashley and voted on, to approve as amended, the July 23, 1998 Planning Commission Minutes. Ayes: Fuller, Ridgeway, Ashley, Selich, Adams, Kranzley Noes: None Absent: Gifford Abstain: None Public Comments: none Postina of the Aaenda: The Planning Commission Agenda was posted on Friday, July 31, 1998 outside of City Hall. Minutes Approved Public Comments Posting of the Agenda . City of Newport Beach Planning Commission Minutes August 6, 1998 SUBJECT: Spataro Residence (Brion S. J 3619 Ocean Boulevard • Variance No. 1223 • Modification No. 4757 • a Negative Declaration Request to approve a Variance to permit the construction of a single family residence which exceeds the maximum allowable height limit in the 24/28 foot Height Limitation Zone by approximately 12 feet, on a property located in the R -1 District. The height of the proposed dwelling will not exceed the height of the top of curb elevation on Ocean Boulevard. The proposal also includes a modification to the Zoning Code to allow the proposed dwelling and garage to encroach 10 feet into the required 10 foot front yard setback area along Ocean Boulevard. Marc Myers noted the exhibits on the wall that depict the topographic constraints of the lot. Public comment was opened. Brion Jeannette, project architect, speaking for the applicants noted that they have read, understand and agree to the findings and conditions as contained in the staff report. The applicants are asking for this variance because of the angle of the site which in some cases is up 70 degrees. Referencing the exhibits, he noted the retaining walls and the effort to pull one of the walls in so that the house is against the front property line, which means that they will not have to push forward towards the ocean, and that the house steps down the hill. The design of the house is 10 feet below the curb height from the street. A neighbor to the south had an issue with a part of the gable shown on the bottom left hand exhibit. Mr. Jeannette explained he went into the neighbor's house and took pictures. Consequently, he has re- designed the upper roof section to a hip roof which pulled the roof line away from the neighbor's view. He then presented staff with a set of new plans. Concluding, he stated that the setback from the rear meets the stringline at the lowest point. Bill Hayes, 3616 Ocean Boulevard - stated his concern of this variance setting a precedence of a five story house. He asked how much higher it is than the adjoining homes on the access road down below Ocean Boulevard and where is the line drawn as to the number of stories to be built in a house? Ms. Temple, referring to the exhibit on page 19 in the staff report, pointed out the lot with the two adjoining houses. It appears that the house to the east is substantially higher and the house to the west is similarly situated, approximately 10 to 12 feet below Ocean Boulevard. Continuing, she noted that the number of stories or floors are not addressed in the City's Zoning Ordinance and that height is controlled by the height above grade. In this . case, a variance to exceed that height limit is being requested. INDEX V No. 1223 Modification No. 4754 Negative Declaration Approved • City of Newport Beach Planning Commission Minutes August 6, 1998 Lester Edelberg, 3625 Ocean Boulevard noted his concerns of the project plans with regard to his view and that he had spoken with the architect. He expressed his appreciation to Mr. Jeannette who has addressed his concerns as shown in the re- design of the roof. Public comment was closed. Motion was made by Commissioner Ridgeway for approval of Variance No. 1223, Modification No. 4757 and a Negative Declaration subject to the findings and conditions Exhibit A including the design modification presented at this hearing. Ayes: Fuller, Ridgeway, Ashley, Selich, Adams, Kranzley Noes: None Absent: Gifford Abstain: None A. Environmental Document • 1. On the basis of the analysis contained in the Initial Study, including the mitigation measures listed, the proposed project does not have the potential to significantly degrade the quality of the environment. 2. There are no long -term environmental goals that would be compromised by the project. 3. No cumulative impacts are anticipated in connection with this or other projects. 4. There are no known substantial adverse effects on human beings that would be caused by the proposed project. 5. The Negative Declaration previously adopted by the Planning Commission on November 10, 1994 for Variance No. 1201 was reviewed and considered prior to the approval of the project, and was determined adequate to satisfy the requirements of CEQA for Variance No. 1201. The potential environmental impacts of the current application for Variance No. 1223 are substantially the some as those evaluated in the Negative Declaration prepared for Variance No. 1201, and none of the circumstances described in CEQA Guidelines Section 15162 that would require the preparation of a subsequent Negative Declaration are found to exist. • INDEX • City of Newport Beach Planning Commission Minutes August 6, 1998 Mitigation Measures Erosion and siltation control measures of the construction operations shall comply with the City Excavation and Grading Code (NBMC Section 15.04.140 or applicable sections). 2. All grading activities are required to comply with the dust suppression provisions of the City's Grading and Excavation Code (NBMC Section 15.04.140) and AQMD Rule 403. Examples of the practices required under these regulations include, but are not limited to the following: • Site watering and washing of equipment before leaving the site • Apply chemical soil stabilizers to construction areas • Keep the streets along the specified haul routes clear and cleaned of dirt and debris • Suspend grading operations during first and second stage smog alerts. • Suspend all grading operations when wind • speeds (as instantaneous gusts) exceed 25 miles per hour. • Use of low emission construction equipment • Schedule (construction) operations which may affect traffic to occur at off -peak hours, where feasible • Provide on -site power sources during the early stages of the project and utilize existing power sources (e.g., power poles) or clean fuel generators rather than temporary power generators. 3. The project shall conform to the requirements of the National Pollution Discharge (NPDES) and shall be subject to the approval of the Public Works Department to determine compliance. 4. All construction activity is required to comply with the noise limitations set forth in the City's Noise Ordinance (NBMC Chapter 10.28) and is restricted to the hours of 7:00 a.m. to 6:30 p.m. weekdays and 8:00 a.m. to 6:00 p.m. Saturdays. No construction activity is permitted on Sundays or holidays. 5. Prior to the issuance of a building permit the applicant shall demonstrate to the Planning Department that the lighting system if any, has been designed, directed, and maintained in such a manner as to conceal • the light source and to minimize light spillage and glare to the INDEX City of Newport Beach Planning Commission Minutes August 6, 1998 adjacent residential uses: The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the Engineer stating that, in his or her opinion, this requirement has been satisfied. 6. The applicant shall prepare a construction access plan in order to maintain safe access to the site during construction. The construction access plan shall include alternative pedestrian and bicycle path routes approved by the Public Works Department prior to approval of the grading permit. 7. A qualified archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the find. C. Variance No. 1223 and Modification No. 4757 Findings: • 1. The proposed development is consistent with the General Plan since a single family dwelling is a permitted use within the Single - Family Residential designation. 2. The following exceptional or extraordinary circumstances apply to the land and building referred to in this application, which circumstances or conditions do not apply generally to land, building and /or uses in the same District: The topography of the lot inhibits the property owner from designing a dwelling of comparable size to other homes in the area due to the fact that the property slopes in two directions, southerly away from Ocean Boulevard, and westerly downward across the property. The lot is constrained by the steep slope of the coastal cliff that cuts into the lot thereby restricting the siting options for the residential structure. The large public right-of-way depth across the front of the lot. 3. The approval of Variance No. 1223 is necessary for the preservation and enjoyment of substantial property rights of the applicant for the following reason: • • The proposed project is generally comparable to the size and INDEX • City of Newport Beach Planning Commission Minutes August b, 1998 bulk of other buildings in the surrounding neighborhood and strict application of height requirements could result in increased grading into the slope with additional environmental impacts. 4. The approval of this variance does not constitute special privilege inconsistent with the limitations on other properties in the vicinity for the following reasons: The dwelling does not exceed the top of curb elevation height limit from the street side of the property and is generally in conformance with the surrounding neighborhood when viewed from the street. The location and size of the proposed structure is in compliance with the zoning regulations with the exception of the front setback. S. The granting of a variance to allow the structure to exceed the permitted height limit, and the modification encroachment, will not be detrimental to the health, safety, peace, comfort and general welfare • of persons residing or working in the neighborhood of the subject property and will not under the circumstances of the particular case be materially detrimental to the public welfare of injurious to property improvements in the neighborhood because: • The applicant has designed a dwelling that is located in a position on the property with the least impact in order to preserve public views from the adjacent homes, from Ocean Boulevard, and the city park • The site development has included an increased rear yard setback on the ocean side in order to increase the view corridor across the subject site from both the park and peripheral views of the adjacent neighbors. • Other residences on the bluff side of Ocean Boulevard, that are below the top of curb elevation of Ocean Boulevard have been granted relief from the height limit. • The proposed structure is located in line with the front property line which will minimize the visual vertical scale, bulk and height of the building as viewed from Ocean Boulevard. • The proposed encroachment will allow the applicant to utilize and maintain the front yard of the property that is public right of • way, but will continue to maintain and preserve the public and INDEX • City of Newport Beach Planning Commission Minutes August 6, 1998 private views to the ocean. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. Conditions: The development shall be in substantial conformance with the approved site plan, floor plans, roof plan and elevations, except as noted below. 2. An encroachment permit be processed through the Public Works Department for all work within the public right -of -way and that an encroachment agreement be executed for all non - standard and decorative improvements to be constructed within the Ocean Boulevard right -of- wayand any easements. 3. That a standard agreement and accompanying surety be provided in order to guarantee satisfactory completion of the public • improvements, if it is desired to obtain a grading or building permit prior to completion of the public improvements. 4. That no grading of the slope within the Ocean Boulevard right -of -way shall take place which will reduce the usable area at the top of slope adjacent to Ocean Boulevard, and that the existing public walkway presently located along the Ocean Boulevard frontage shall stay in its present location. 5. That an encroachment agreement be executed and approved by the City Council to provide for the construction and maintenance of retaining walls and other improvements to be constructed within the Ocean Boulevard right -of -way. 6. That a barrier or railing be constructed at the top of any retaining walls higher than thirty (30) inches. That the existing sewer located along the northerly property line be relocated to the satisfaction of the Utilities Department. A sewer plan shall be prepared by a registered civil engineer and shown on the city's standard plan and profile sheets. An easement for sewer facilities shall also be provided for the new sewer main if deemed necessary by the Public Works Department. • 8. That the proposed roadway slope be evaluated by a geotechnical INDEX City of Newport Beach Planning Commission Minutes August 6, 1998 engineer to determine the impact of constructing a retaining structure with recommendations as to the maximum allowable slope and the general stability of the area. That maintenance of the vehicular access to Ocean Boulevard is the responsibility of those residences taking access from the drive and the City shall not be requested to perform maintenance of the drive. 10. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flogmen. Traffic control and transportation of equipment and materials shall be conducted in accordancewith state and local requirements. Standard Requirements: 1. All public improvements shall be constructed as required by Ordinance and the Public Works Department. 2. That public improvements may be required of a developer per • Section 20.82.050 of the Municipal Code. 3. That the Public Works Department plan check and inspection fee be paid. 4. That County Sanitation District fees be paid prior to issuance of any building permits. 5. The overhead utilities serving the site 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. 6. A drainage study be prepared for the on -site drainage by the applicant and approved by the Building Department showing how the on -site drainage is to be handled. 7. Coastal Commission approval shall be obtained prior to issuance of any building permits. 8. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. • Il:h10 • City of Newport Beach Planning Commission Minutes August 6, 1998 9. This Variance shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 0 ** SUBJECT: Newport Dunes Height Limitation Zone City of Newport Beach • Amendment No. 878 A resolution of intent to amend Section 20.65.050 of the Zoning Code to establish a height limitation zone for the Newport Dunes Planned Community. Ms. Temple reiterated that this is an initiation of an amendment only and that the action does not constitute an approval or indication that Planning Commission will approve this item when it comes for public hearing. Public comment was opened and.closed Motion was made by Commissioner Ridgeway to adopt Resolution No. 1474, to initiate and amend Section 20.65.050 of the Zoning Code to establish a • height limitation zone for the Newport Dunes Planned Community. Ayes: Fuller, Ridgeway, Ashley, Selich, Adams, Kranzley Noes: None Absent: Gifford Abstain: None sxs SUBJECT: Modifications to Development Policy G City of Newport Beach (Continued from July 9, and July 23, 1998) • General Plan Amendment No. 98 -2 (B) An amendment to the Development Policy G of the Land Use Element of General Plan relating to time - shares projects. Ms. Temple noted that staff has suggested modifications to the original language to address comments received at the last Planning Commission meeting. Commissioner Ridgeway confirmed that there was no objection by staff to that change. The statement seems to reiterate what was said relative to the development agreement. Ms. Temple answered that staff believes that this is a better statement of the policy of the City. 9 INDEX Item No. 2 A 878 Approved Item No. 3 GPA 98 -2 (B) Approved • City of Newport Beach Planning Commission Minutes August 6, 1998 In answer to Commission inquiry, Ms. Clauson stated that development agreements are considered negotiated documents from the point of view that the developer is looking for vested rights to build. In exchange for those rights, they negotiate for public benefit. Commissioner Ashley noting verbiage of ..."the loss of visitor - serving accommodations...:. in the resolution, stated that there is no loss if it is a hotel that is either being converted to a time share project or if it is a new time share project. It is selling units to people for the recreation accommodations. There are visitors coming into the city at all times, there is no loss of visitor service accommodations in the time share project. Ms. Temple noted that this was part of the finding when the original policy was drafted, it can be re- drafted to say, .....address issues relating to the mismanagement, insufficient funds for maintenance and repair of visitor serving accommodations. Public comment was opened and closed. Motion was made by Commissioner Ashley to adopt Resolution No. 1474, subject to the verbiage change, recommending approval of General Plan • Amendment 98 -2 (B) to the City Council. Commissioner Adams stated the reason for this is to mitigate the loss of revenue associated with visitor- serving accommodations. Ayes: Fuller, Ridgeway, Ashley, Selich, Adams, Kranziey Noes: None Absent: Gifford Abstain: None SUBJECT: Discussion of Possible Joint Study Session with the Costa Mesa Planning Commission. Points of discussion: • Calendar availability • Proposed agenda issues: • Methods of dealing with commercial /residential interface • Restaurant development standards and review procedures • Cellular antenna standards and review procedures • Traffic Impact Ordinances and Land Use /Circulation Correlation • Future of Old Newport Boulevard • Commission is not a policy making body • Not an effective use of Planning Commission time • • Planning Directors and /or staff of each City to meet to discuss issues 10 INDEX Item 4 Discussion Item • City of Newport Beach Planning Commission Minutes August 6, 1998 INDEX • Discussion points presented by staff for agenda Motion was made by Commissioner Kranzley to have a meeting on September 30th with the City of Costa Mesa. Motion failed due to a tie vote. Ayes: Selich, Adams, Kranzley Noes: Fuller, Ridgeway, Ashley Absent: Gifford Abstain: None Planning Directors will meet to discuss matters of mutual interest. ADDITIONAL BUSINESS: Additional Business a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - Mrs. Wood reported that at the meeting of July 27th, the City Council determined appeal fees at a rate of 50% cost retrieval; they introduced an ordinance regulating the allowance of political signs based on square footage; • they approved the Breckenridge Group (Burger King) noting concerns regarding a traffic study and parking, and they directed staff to prepare a resolution of intent to amend the height limits in Corona del Mar. b.) Oral report from Planning Commission's representative to the Economic Development Committee - Chairperson Selich reported that a subcommittee will hear a presentation by the Newport Dunes Hotel representatives and then the sub - committee will be reporting their recommendations to both the City Council and the Planning Commission. C.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - none d.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none g.) Requests for excused absences - Commissioners Fuller and Ashley asked to be excused from the meeting on August 201h. ADJOURNMENT: 7:40 p.m. Adjournment RICHARD FULLER, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION • 11