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HomeMy WebLinkAbout1767 -APPROVE MD_2333 PACIFIC DRIVERESOLUTION NO. 1767 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH FINDING A PROJECT IN COMPLIANCE WITH CITY COUNCIL RESOLUTION NO. 2007 -3 AND ORDINANCE NO. 2007 -3 AND APPROVING MODIFICATION PERMIT NO. 2007 -080 FOR PROPERTY LOCATED AT 2333 PACIFIC DRIVE (PA 2007 -133) WHEREAS, an application was filed by David R. Olson on behalf of Mr. Kim Megonigal, property owner, with respect to property located at 2333 Pacific Drive, requesting a modification permit to exceed the 3 -foot height limitation in the front yard setback to allow for planter walls and a water feature; and WHEREAS, City Council Resolution No. 2007 -3 requires that all new development comply with applicable policies of the General Plan and City Council Ordinance No. 2007 -3 sets forth design criteria to insure that all new single -unit and two -unit residential projects are consistent with the General Plan; and WHEREAS, a public hearing was held on August 21, 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 Planning Commission finds as follows: 1. The proposed project is in substantial conformance with the public view protection policies of the General Plan. The proposed project minimizes impacts to the public views to the maximum extent feasible by placing the development further down the bluff, limiting street level development to a single story, and pulling back elements to avoid impacts to the Begonia Park view corridor. 2. The proposed project is in substantial conformance with the neighborhood compatibility policies of the General Plan. Placing the development further down the bluff and limiting street level development to a single story results in a building that is consistent with the scale and massing of the neighborhood. Providing clearstory windows on the front elevation and planters in the front yard opens the project to the Pacific Drive and Begonia Avenue. 3. The proposed project is in substantial conformance with the landform alteration policies of the General Plan. General Plan Policies LU 5.6.4 and NR 23.1 and Criterion No. 7 of Ordinance No. 2007 -3 require that consideration be given to landform protection in order to maintain the City's environmental character and to preserve visual resources. The coastal bluff in this area is severely degraded to the extent that it cannot be considered a significant visual resource. Further Planning Commission Resolution No. _ Paqe 2 of 5 alteration would not significantly impact the City's environmental character, but would assist in minimizing impacts to public views. 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: 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 subject property slopes from a curb elevation of 72.5 feet above mean sea level (MSL) down to an elevation of 64 feet MSL at the dwelling. ■ The front portion of the lot needs to be filled in order to provide vehicular access to the residence and landscaping at street grade in a manner that is consistent with the development pattern of the neighboring properties. ■ Any structure in the front yard will exceed the 3 -foot height limit, which constitutes a practical difficulty. 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: ■ Most properties on Pacific Drive are developed with single - family dwellings with front yard setback designs that include landscaping and accessory structures at street grade. ■ The proposed planters will be at comparable heights when measured from the finished grade. ■ The proposed planters, along with the driveway and entry walkway redesigned to meet City Council Policy L -6, will provide a front yard that is consistent with the character of 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 proposed water feature will be removed. ■ The proposed driveway, entry walkway, and planters are conditioned to be redesigned to meet City Council Policy L -6. Planning Commission Resolution No. 3 of 5 WHEREAS, 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) 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. 2007 -080 subject to the findings 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. PASSED, APPROVED AND ADOPTED THIS 218t DAY OF August, 2008. BY: !S Barry Ea Secretary AYES: Eaton, Hawkins, Hillgren, McDaniel, Peotter, Toerge Unsworth NOES: None ABSENT: None Planning Commission Resolution No. Paqe 4 of 5 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 (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. An encroachment permit is required for all work activities within the public right -of -way. 9. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L. 10. 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. 11. All on -site drainage shall comply with the latest City Water Quality requirements. 12. Water meter and the sewer cleanout will be located in the public right -of -way. If installed at a location that will be subjected to vehicle traffic, each shall be installed with a traffic- grade box and cover. 13. The existing street tree(s) shall be protected in place. Unauthorized tree removal(s) will trigger substantial penalties for all parties involved. Planning Commission Resolution No. Page 5 of 5 14. Paving in the public right -of -way shall be limited to the minimum necessary for the driveway and a walkway to the entry to the residence. A concrete sidewalk be shall be constructed per applicable City Standards. All remaining areas shall be landscaped. Non - standard encroachments within the public right -of -way shall comply with City Council Policy L -6, prior to the issuance of an Encroachment Agreement and Permit. 15. The proposed water feature shall be removed. 16. Prior to the issuance of a building permit, the applicant shall dedicate in perpetuity a view easement over the "Outdoor Room" identified on the approved plans and all open space areas on the project site that shall restrict the maximum height of landscaping and accessory structures to that of the top of the guardrails of the "Outdoor Room." The view easement shall be a three - dimensional space projected vertically from a horizontal plane at the elevation of the top of the guardrails of the "Outdoor Room" and horizontally to all property lines. The restrictions of the view easement shall not apply to the building and structures depicted on the approved project plans or to patio furniture. The form and legal description of the view easement shall be prepared by the applicant and reviewed and approved by the Planning Director.