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HomeMy WebLinkAbout1763 - APPROVE MD_2223 PACIFIC DRIVERESOLUTION NO. 1763 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. 2008 -020 FOR PROPERTY LOCATED AT 2223 PACIFIC DRIVE (PA 2007 -176) WHEREAS, an application was filed by Brion Jeannette on behalf of Mr. Frank Powers, property owner, with respect to property located at 2223 Pacific Drive, requesting a Modification Permit to exceed the 3 -foot height limitation in the front yard setback to allow for a vehicular- bridge driveway, for guardrails associated with the vehicular- bridge driveway, and for walls located at the side property lines; and WHEREAS, a public hearing was held on July 17, 2008, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the aforesaid meeting was given. The application, plans, staff report, and evidence, both written and oral, were presented to and considered by the Planning Commission at this meeting; and WHEREAS, the Local Coastal Program Land Use Plan designates the site for "Low - Density Residential' use. The proposed single - family residential structure is consistent with this designation; and WHEREAS, the subject property is designated Single -Unit Residential Detached (RS- D) by the 2006 General Plan Land Use Element and zoned Single - Family (R -1). The proposed single - family dwelling is consistent with these designations; and WHEREAS, cutting into a bluff as proposed by the project is consistent with Criterion No. 7 of the Residential Design Criteria, which requires that "Site planning should follow the basic principle of designing development to fit the features of the site rather that altering the site to fit the design of the development. Whenever possible, natural features such as cliffs, canyons, bluffs, significant rock outcroppings, natural vegetation should avoided or the extent of alteration minimized whenever possible. Adequate buffers should be provided to protect significant or rare biological resources." In that: the project grading is stepped down the bluff and approximates the bluff contour, this lot is small and steep, and requires the proposed grading. The site has few or no protected natural features or biological resources. WHEREAS, providing landscaping in the manner proposed is consistent with the intent Criteria No. 6 of the Residential Design Criteria, which requires "Impervious surfaces in front yards should not exceed 50% of the front yard area with the remaining area landscaped. The use of hardscape for walkways, porches Planning Commission Resolution No. Paae 2 of 6 and outdoor areas is permitted. Where a neighborhood pattern of front yards being completely developed with hardscaped outdoor living area exists, the 50% minimum shall not apply. Under no circumstances shall hardscaped areas, other than driveways, be used for parking of vehicles;" In that: the site is narrow and steeply sloped; the neighborhood has hardscaped front outdoor living areas, including some below the street grade. WHEREAS, locating an entry door and other street -side features in the manner proposed is consistent with Criterion No. 4 of the Residential Design Criteria, which requires "Where the neighborhood pattern is for the primary entrance to face the street, the primary entry and windows should be the dominant elements of the front fagade. Primary entrances should face the street with a clear, connecting path to the public sidewalk or street. Alternatively, entry elements may be visible from the street without the door necessarily facing the street." In that: the project site is steeply sloped and narrow, and primary access is provided via a stairwell from the street. Primary entrance is provided with a clear and connecting path to a public street or sidewalk. WHEREAS, Chapter 20.93 of the Newport Beach Municipal Code requires findings and facts in support of such findings for approval of a modification permit, which are presented as follows: Findings 1. In accordance with the provisions of Chapter 20.93, the granting of this application is necessary due to practical difficulties associated with the property. The strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code for the following reasons: ■ The slope of the lot in the front yard setback is too steep per City development standards to construct a driveway on the existing grade (approximately 40 percent slope). The maximum slope for a residential driveway is 15 percent per City Standards STD - 160 -L -C of Design Criteria, Standard Drawings for Public Works. ■ A vehicular- bridge driveway over an outdoor patio is a suitable design to provide access to the required parking spaces for the dwelling unit. 2. In accordance with the provisions of Chapter 20.93, the requested modification will be compatible with existing development(s) in the neighborhood for the following reasons: • Adjacent properties and most of the properties on the bluff (southerly) side of Pacific Drive are developed with large single - family dwellings with driveways in the front yard setback. Planning Commission Resolution No. Paae 3 of 6 • The subject property will provide landscaping in areas below the vehicular- driveway bridge which is similar to other existing developments in the neighborhood. 3. In accordance with the provisions of Chapter 20.93, the granting of this Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood based on the following: ■ The requested encroachments will provide the applicant the ability to construct a single - family dwelling that consists of the minimum two -car spaces required by the Zoning Code. ■ The granting of the application for a vehicular- driveway bridge will enable the proposed single family dwelling to create more outdoor living space on a small lot. • All site distance requirements will be met for the Public Works Department since the required guard rails for the vehicular- bridge driveway and stair leading to the outdoor patio below will be open railings. WHEREAS, this project has been reviewed and it has been determined that the project qualifies for a Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of Article 19, Categorical Exemptions of the California Environmental Quality Act as the proposed project is one, single - family residence in a residential zone that contains no environmentally significant resources on site. NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Modification Permit No. 2008 -020 subject to the findings and conditions herein. Section 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 with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. Planning Commission Resolution No. Page 4 of 6 PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JULY, 2008. MR :e a1i BarFy AYES: Eaton, Unsworth, Hawkins, Peotter and McDaniel NOES: None ABSENT: Toerqe and Hillqren Planning Commission Resolution No. Facie 5 of 6 CONDITIONS OF APPROVAL 1. 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, including compliance with sheet 24.1, which delineates the extra landscaping. (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. 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 Department. 4. 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 control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 5. 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. 6. 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. 7. All improvements shall be constructed as required by ordinance and the Public Works Department. 8. All existing private, non - standard improvements within the public right -of -way and/or extensions of private, non - standard improvements into the public right -of -way fronting the development site shall be removed. 9. Install new sod or low groundcovers of the type approved by the City throughout the Pacific Drive parkway fronting the development site. 10. An encroachment permit is required for all work activities within the public right -of -way. 11. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L. Planning Commission Resolution No. 12. 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. 13. All on -site drainage shall comply with latest City Water Quality requirements. 14. The curb cut shall comply with Council Policy L -2. Driveway approach bottoms shall not exceed 20 feet for a two -car garage. Curb openings shall not be constructed closer than 5 feet from utility poles, trees, etc. 15. Structural elements (caissons, tie backs, foundations, etc.) are not permitted within the public right -of -way. 16. The applicant will remove the street tree after the cost to replace the tree ($934.00) has been submitted to the City (General Services Department). This funding will be used to plant trees elsewhere in the community. 17. The elevator shaft shall not exceed 3 feet above the ridgeline.