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HomeMy WebLinkAbout1962 - VARIANCE TO ALLOW A 6 FEET-2 INCHES RETAINING WALL TO ENCROACH 5 FEET INTO THE 5-FOOT REAR ALLEY SETBACK AND TENTATIVE PARCEL MAP FOR 2-LOT CONDO PURPOSES. - 401 Heliotrope Ave RESOLUTION NO, 1962 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. VA2014-001 TO ALLOW A 6-FOOT-2-INCH-HIGH RETAINING WALL TO ENCROACH 5 FEET INTO THE REQUIRED 5-FOOT REAR ALLEY SETBACK AND TENTATIVE PARCEL MAP NO. NP2013-030 FOR TWO-UNIT CONDOMINIUM PURPOSES LOCATED AT 401 AND 403 HELIOTROPE AVENUE (PA2014- 003) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ed Sweeney, property owner, with respect to property located at 401 and 403 Heliotrope Avenue, and legally described as Lots 1 and 3 on Block 334 of Corona del Mar, in the City of Newport Beach, County of Orange, State of California as per the map recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps, records of Orange County, California requesting the approval of a Variance and Tentative Parcel Map. 2. The applicant requests a Variance approval to allow a 6-foot-2-inch-high retaining wall to encroach 5 feet into the required 5-foot rear alley setback and a Tentative Parcel Map to allow the two (2) newly-constructed, detached single-family residential units to be sold separately. 3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and the General Plan Land Use Element category is Two-Unit Residential (RT). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two-Unit Residential (RT-D). 5. A public hearing was held on November 20, 2014 in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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 pursuant to Title 14 of the California Code of Regulations (Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). This exemption allows for the construction of apartments, duplexes, and similar structures designed for no more than Planning Commission Resolution No. 1962 Page 2 of 13 six (6) dwelling units. The subject retaining wall request is an accessory to the two-unit residential units currently under construction. SECTION 3. REQUIRED FINDINGS. Variance In accordance with Section 20.52.090 (Variances) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. There are special or unique circumstances or conditions applicable to the subject property (e.g. location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: 1. The lot is irregular in shape and is approximately 7,210 square feet in size. The existing property has vehicular access from Heliotrope Avenue with the front unit having direct access with a typical driveway. The rear unit has vehicular access from Heliotrope Avenue through an established driveway that serves 400 Goldenrod Avenue through Bayside Park. The subject property has no vehicular access from the existing alleyway due to an approximately 20-foot grade differential from the subject property to the top of the alleyway. 2. The subject property is located at the terminus of an existing 14-foot-wide alleyway that is only accessible from First Avenue. The alleyway narrows at the northwest corner of the subject property and only provides access to the property across the alley. The private driveway is supported by retaining walls within the alleyway. The portion of the alley directly behind the property is unimproved with a steep dirt slope. Expanding the alley to provide vehicular access to the rear unit was investigated in 2006, and determined impractical due to the need to construct a large retaining structure to expand the alley on the slope. As a result, the subject property does not have vehicular access to the alley due to the considerable grade difference of approximately twenty (20) feet. These pre-existing physical conditions created unique circumstances to the subject property therefore an alternative driveway access through an established driveway that serves 400 Goldenrod Avenue through Bayside Park is necessary. Finding: B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity under an identical zoning classification. 10-15-2013 Planning Commission Resolution No. 1962 Page 3 of 13 Facts in Support of Finding: 1. Properties zoned R-1 and R-2 that are located adjacent to 14-foot-wide alleys are required to provide 5-foot setbacks, which must be clear of any obstructions, including fences and decks, to allow for increased vehicular maneuverability through the alleys. Given that this portion of the alley is not improved, is inaccessible, and will not likely be improved, the property is deprived of the privilege of using the alleyway for vehicular access if required to maintain the required setback. Finding: C. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Finding: 1. The portion of the alley directly behind the property is unimproved with a steep dirt slope. Expanding the alley to provide vehicular access to the rear unit was investigated in 2006, and determined impractical due to the need to construct a large retaining structure to expand the alley on the slope. Since the alleyway is unimproved and there is no need to maintain a clear 5-foot setback to the alley for vehicular maneuverability, the granting of the variance will allow the applicant the ability to have an alternative mean of vehicular access. Finding: D. Granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. Facts in Support of Finding: 1. The granting of the Variance allows the property owner to maintain parity with the vehicular access use as proposed via an existing alley enjoyed by residential properties that have direct access from an improved alleyway, and will not constitute granting of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district. 2. In this case, the property abuts an unimproved and inaccessible alley that does not warrant a requirement that the setback be clear of any encroachments or obstructions. Finding: E. Granting of the variance will not be detrimental to the harmonious and orderly growth of the City, nor 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. 10-15-2013 Planning Commission Resolution No. 1962 Page 4 of 13 Facts in Support of Finding: 1. The encroachment into the rear alley setback will not be detrimental or constitute a hazard to persons residing in the neighborhood because the portion of alleyway behind the subject property is not improved, and there is no public access today or any plan to improve the alley for public access in the future. 2. The proposed retaining wall is designed with a minimum height necessary to retain the existing slope, and will not obstruct light and air to adjoining properties, nor adversely impact views from adjacent residential properties. The design accounts for existing utilities and the City will have sufficient access to utilities when necessary. Finding: F. Granting of the variance will not be in conflict with the intent and purpose of this section, this Zoning Code, the General Plan, or any applicable specific plan. Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the subject property Two-Unit Residential (RT). The RT land use designation is intended to provide for a range of two-family residential dwelling units such as duplexes and townhomes. The subject two-unit residential condominium development is consistent with this designation. 2. The subject property is located within the Two-Unit Residential (R-2) Zoning District. The subject two-unit residential condominium development is a permitted use within the R-2 Zoning District. 3. The subject property is not located within a specific plan area. 4. The granting of the Variance would allow the construction of a retaining wall to support an alternative driveway location serving one (1) of the two-unit residential developments that is allowed within the RT land use designation and R-2 Zoning District. Tentative Parcel Map In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. 10-15-2013 Planning Commission Resolution No. 1962 Page 5 of 13 Facts in Support of Finding: 1. The Tentative Parcel Map is for two-unit residential condominium purposes. A four-unit apartment was demolished and will be replaced with a new two-unit dwelling development. The proposed subdivision and improvements are consistent with the density of the R-2 Zoning District and the current RT General Plan Land Use Designation. 2. The Tentative Parcel Map does not apply to any specific plan area. 3. The project has been conditioned to require public improvements, including the reconstruction of existing broken or otherwise damaged sidewalks, curbs, and gutters along the Heliotrope Avenue frontage consistent with the Subdivision Code (Title 19). Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The 7,210-square-foot lot is physically suitable for two-unit development as it exceeds the minimum interior lot size of 5,000 square feet. The residential units complied with all development standards inclusive of the building setbacks, height restriction, parking, and open volume area. The variance request is necessary to allow the retaining wall within the rear yard setback in order to support the rear residential unit's driveway and alleyway's steep slope. Finding: C. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. The site was previously developed with a four-unit apartment and will be replaced with a new two-unit dwelling development. 2. The property is located in an urbanized area that does not contain any sensitive vegetation or habitat. 10-15-2013 Planning Commission Resolution No. 1962 Page 6 of 13 3. The project is categorically exempt under Sections 15303 (Article 19 of Chapter 3), of the California Environmental Quality Act (CEQA) Guidelines — Class 3 (New Construction or Conversion of Small Structures). Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: 1. The Tentative Parcel Map is for residential condominium purposes. All improvements associated with the project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28.010 (General Improvement Requirements) of the Municipal Code and Section 66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. Finding: E. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: 1. The design of the development will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed development, because there are no public easements located on the property. Finding: F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. 10-15-2013 Planning Commission Resolution No. 1962 Page 7 of 13 Facts in Support of Finding: 1 . The property is not subject to the Williamson Act because the subject property is not designated as an agricultural preserve and is less than 100 acres in area. 2. The site, developed for residential use, is located within a Zoning District that permits residential uses. Finding: G. That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (1) There is an adopted specific plan for the area to be included within the land project, and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: 1. The property is not a "land project" as defined in Section 11000.5 of the California Business and Professions Code because the existing subdivision does not contain 50 or more parcels. 2. The project is not located within a specific plan area. Finding: H. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: 1. The Tentative Parcel Map and any future improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: 1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. 10-15-2013 Planning Commission Resolution No. 1962 Page 8 of 13 Facts in Support of Finding: 1. The proposed two-unit dwelling development is consistent with the R-2 Zoning District which allows two (2) residential units on the property. Therefore, the Tentative Parcel Map for condominium purposes will not affect the City in meeting its regional housing need. Finding: J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: 1. The new two-unit project will be designed so that wastewater discharge into the existing sewer system complies with the Regional Water Quality Control Board (RWQCB) requirements. Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three (3) of the Coastal Act. Facts in Support of Finding: 1. The Tentative Parcel Map is for a two-unit condominium. The proposed subdivision and improvements are consistent with the Coastal Land Use Plan designation RT-D (Two-Unit Residential). 2. The subject property conforms to public access policies of Chapter Three (3) of the Coastal Act because the development is located inland from the shoreline and does not affect public access from the nearest public roadway to the shoreline and along the coast. 3. Recreation policies contained within Chapter Three (3) of the Coastal Act are not applicable to the subject property. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. 2014-001 and Tentative Parcel Map No. NP2013-030, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 10-15-2013 Planning Commission Resolution No. 1962 Page 9 of 13 2. This action shall become final and effective fourteen (14) 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 201h OF NOVEMBER, 2014. AYES: BROWN, HILLGREN, KOETTING, KRAMER, MYERS, AND TUCKER NOES: ABSTAIN: ABSENT: LAWLER BY: =2 Larry Tucker, Chairman BY: ~� Jay �s, Se etar 10-15-2013 Planning Commission Resolution No. 1962 Page 10 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and detailed plans 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 the Resolution, including conditions of approval (Exhibit "A") shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 4. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 5. 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 Sweeney Application including, but not limited to, Variance No. VA2014-001 and Tentative Parcel Map No. NP2013-030. 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. Public Works Conditions 6. A Parcel Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD88). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 10-15-2013 Planning Commission Resolution No. 1962 Page 11 of 13 7. Prior to recordation of the Parcel Map, the surveyor/engineer preparing the Map shall tie the boundary of the Map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner, unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 8. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 9. The applicant shall reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels, curb and gutter along the Heliotrope Avenue frontage. 10. The applicant shall reconstruct two (2) existing residential driveway approaches along Heliotrope Avenue pursuant to City Standard STD-162-L. 11. The applicant shall reconstruct the pavement driveway extending through Bayside Park from Heliotrope Avenue to the rear residential unit's garage at 401 Heliotrope Avenue. 12. Heliotrope Avenue is part of the City's Moratorium List. Work performed on said roadway will require additional surfacing requirements pursuant to City Standard 105- L-F. 13. 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. 14. Each unit shall be served by its individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed with a traffic grade box and cover. The water meter and sewer cleanout shall be located within the public-right-of way. 15. An encroachment permit is required for all work activities within the public right-of-way. 16. All improvements shall comply with the City's sight distance requirement pursuant to City Standard 110-L and Municipal Code Section 20.30.130. 17. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way may be required at the discretion of the Public Works Inspector. 18. All on-site drainage shall comply with the latest City Water Quality requirements. 10-15-2013 Planning Commission Resolution No. 1962 Page 12 of 13 19. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at the property line. 20. Pursuant to Title 13 of the Municipal Code, one 36-inch box Pinus Thunbugiana (Saint Mary Magnolia) street tree shall be planted along the Heliotrope Avenue frontage. 21. Prior to the recordation of the Parcel Map, the applicant shall apply for a building permit for description change of the subject project development from "duplex" to "condominium." The development will not be condominiums until this permit is final. The building permit for the new construction shall not be final until after recordation of the parcel map. 22. The proposed portion of retaining wall located within the alley right-of-way shall require review and approval by the City Council. This portion of the retaining wall is inconsistent with City Council Policy L-6 as it encroaches in excess of one (1) foot into the alley right- of-way and exceeds three (3) feet in height. If approved, an encroachment agreement shall be obtained by the property owner. 23. The existing 6-inch water main within the alley right-of-way shall be protected in place. 24. The proposed portion of retaining wall located within the alley right-of-way shall require realignment of the existing sewer main and storm drain line. The sewer main and storm drain realignment shall be reviewed and approved by the Public Works and Municipal Operations Departments. All costs associated with the realignment of said utilities shall be at the owner's expense. 25. The proposed portion of retaining wall located within the alley right-of-way shall require the realignment of the existing gas line. The realignment of the gas line shall be approved by the Gas Company. All costs associated with the realignment of the gas line shall be at the owner's expense. 26. The proposed landscaping (ground cover, shrubs and trees) and irrigation within the alley right-of-way and Bayside Drive linear park shall be reviewed and approved by the Municipal Operations Department. The property owner shall be responsible for the maintenance, repair and replacement of landscaping. Said landscaping shall be covered under an encroachment and maintenance agreement. 27. The applicant shall be responsible for reconstruction of the entire driveway and driveway approach located at the Bayside Drive linear park. 28. An encroachment permit shall be required for all work conducted within the public right- of-way and/or Bayside Drive linear park. 10-15-2013 Planning Commission Resolution No. 1962 Page 13 of 13 Building Division Conditions 29. An encroachment agreement shall be obtained for all non-standard improvements within the public right-of-way and/or Bayside Drive linear park. 30. The project shall be subjected to the review and approval of a Water Quality Management Plan (WQMP) at the time of building permit submittal. 31. The project shall be subject to the review and approval of a geotechnical report at the time of building permit submittal. 10-15-2013