HomeMy WebLinkAbout2017-15 - Upholding the Planning Commission’s Approval of Major Site Development Review No. SD2016-002 for a Seven-Unit Residential Condominium Project Located at 20452 Santa Ana Avenue (PA2016-069)RESOLUTION NO. 2017-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION'S APPROVAL OF MAJOR SITE DEVELOPMENT
REVIEW NO. SD2016-002 FOR A SEVEN -UNIT RESIDENTIAL
CONDOMINIUM PROJECT LOCATED AT 20452 SANTA ANA
AVENUE (PA2016-069)
WHEREAS, an application was filed by Adrienne Brandes, with respect to property located
at 20452 Santa Ana Avenue, and legally described as the Southwesterly 82 feet of Lot 6 of Tract
No. 456, in the City of Newport Beach, County of Orange, State of California, as per map recorded
in Book 17 Page(s) 9 of Miscellaneous Maps in the Office of the County Recorder of said County,
except the Southeasterly 150 feet thereof, requesting approval of a seven -unit residential
condominium project. The following approvals are requested or required to implement the project
as proposed:
a. A tentative tract map pursuant to Newport Beach Municipal Code (NBMC) Chapter
19.12 (Tentative Map Review) to allow the individual sale of each dwelling unit as
a condominium; and
b. A major site development review pursuant to Table 5-2 of NBMC Section
20.52.080(8) (Site Development Reviews) for construction of five or more dwelling
units with a tentative tract map;
WHEREAS, the subject property is designated Multiple -Unit Residential (RM) by the Land
Use Element of the General Plan and located within the Multi -Unit Residential Detached (RM -D)
Zoning District;
WHEREAS, the subject property is not located within the coastal zone;
WHEREAS, a public hearing was held by the Planning Commission on November 17,
2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of
time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown
Act and the NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing. At the conclusion of the public hearing, the
Planning Commission voted to adopt Resolution No. 2036, approving the project;
WHEREAS, on December 1, 2016, a neighbor living adjacent to the subject property
appealed the Planning Commission's decision to the City Council;
WHEREAS, the neighbor's appeal of Major Site Development Review No. SD2016-002
was timely because it was made within the fourteen -day appeal period provided in NBMC Section
20.64.030(B); however, the appeal of Tentative Tract Map No. NT2016-003 was not timely
because it was past the ten-day appeal period provided in NBMC Sections 19.12.050 and
20.64.030(B)(1);
WHEREAS, due to the timing of the appeal, Tentative Tract Map No. NT2016-003 is final
and not subject to appeal, and the only item before the City Council is an appeal of Major Site
Development Review No. SD2016-002; and
Resolution No. 2017-15
Page 2 of 8
WHEREAS, a public hearing was held by the City Council on February 28, 2017, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach to consider the appeal. A
notice of time, place and purpose of the public hearing was given in accordance with the Ralph
M. Brown Act and the NBMC. Evidence, both written and oral, was presented to, and considered
by, the City Council at this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council does hereby uphold the Planning Commission's approval
of Major Site Development Review No. SD2016-002 subject to the conditions of approval
attached as Exhibit "A," and incorporated herein by reference. The City Council's decision is
made in accordance with NBMC Sections 20.52.080(F) (Site Development Reviews — Findings
and Decision), and is supported by the following findings and facts:
Finding:
A. The proposed development is allowed within the subject zoning district.
Fact in Support of Finding:
The subject property is located within the RMD Zoning District, which principally
provides for areas appropriate for multi -unit residential developments exclusively
containing detached dwelling units. The proposed multi -unit residential development is
replacing and improving an existing multi -unit residential development. Although the
proposed development does not contain detached dwelling units, the project is
consistent with the General Plan and any applicable development standards within the
Zoning Code and is allowed in the RMD Zoning District.
Finding:
8. In compliance with all of the applicable criteria identified in NBMC Subsection
[20.52.080](C) (2) (c):
a. Compliance with this Section, the General Plan, the Zoning Code, any applicable
specific plan, and other applicable criteria and policies related to the use or
structure;
b. The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent developments;
and whether the relationship is based on standards of good design;
C. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on
the site and adjacent developments and public areas;
d. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces;
e. The adequacy and efficiency of landscaping and open space areas and the use
of water efficient plant and irrigation materials; and
f. The protection of significant views from public right(s)-of-way and compliance
with NBMC Section 20.30.100 (Public View Protections).
Resolution No. 2017-15
Page 3 of 8
Facts in Support of Finding:
The Land Use Element of the General Plan designates the subject property as RM,
which is intended primarily for multi -family residential developments containing attached
or detached dwelling units. The proposed multi -unit residential development is
consistent with the General Plan designation.
2. The proposed development complies with the development standards of RMD Zoning
District. The proposed buildings are approximately 33 feet tall, which complies with the
maximum height limitation. The buildings also meet all required setbacks and common
and private open space requirements. Seven, two -car garages and four uncovered
guest parking spaces are proposed for the development, which meets the Zoning Code
required parking.
3. The proposed development will incorporate consistent architectural design such that all
structures on the property are unified. Architectural treatment will harmonize with the
surrounding neighborhood.
4. The proposed site layout maintains the existing vehicular access from Santa Ana
Avenue. The site layout and guest parking area allow vehicles sufficient space to turn
around on-site. Pedestrian access to the site is available along Santa Ana Avenue along
an existing public sidewalk.
5. The Public Works Department has reviewed and approved the site plan, proposed
improvements, parking configuration, and access driveway subject to the conditions of
approval.
6. The 20 -foot front setback and site layout provide for additional landscaping opportunities
immediately adjacent to the street. As conditioned, all landscaping will comply with
NBMC Chapter 14.17 (Water -Efficient Landscaping).
The subject property is not located at or near a public view point or corridor as identified
in the General Plan Figure NR3 (Coastal Views); and therefore, is in compliance with
NBMC Section 20.30.100 (Public View Protections).
Finding:
C. Not detrimental to the harmonious and orderly growth of the City, or 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 of the
proposed development.
Facts in Support of Finding:
A similar multi -unit residential development has existed at this location since 1975,
according to County records. The proposed seven -unit residential condominium
development will replace and improve the existing development. The amount of traffic
to and from the site will not significantly change.
Resolution No. 2017-15
Page 4 of 8
2. The proposed development will comply with all Building, Public Works, and Fire Codes.
The project will also comply with all City ordinances and conditions of approval.
3. The project has been conditioned to ensure that potential conflicts with surrounding land
uses are minimized to the extent possible to maintain a healthy environment.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this resolution. The City Council hereby declares that
it would have passed this resolution, and each section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional.
Section 4: This action is categorically exempt under Section 15332, of the State of
California Environmental Quality Act (CEQA) Guidelines — In -fill Development because it has no
potential to have a significant effect on the environment. In this case, the project is consistent with
the General Plan Land Use Element category of RM as well as the RM -D Zoning District.
Residential condominiums are an allowed use in the land use category designation as well as in
RM -D. The project site area is less than five acres and surrounded by residential development
and a golf course. The lot is substantially developed and is not within environmentally sensitive
areas. The proposed project was reviewed by the Public Works Department and concerns with
traffic were not found. Further, a traffic study was not required under the City's Traffic Phasing
Ordinance (TPO). No significant effects are anticipated with regard to noise or air quality as the
proposed project will be replacing an existing multi -family development. A preliminary water
quality management plan (WQMP) was reviewed and approved to address potential water quality
issues. The project was also reviewed by the Public Works and Fire Departments and it was
determined the lot maintains adequate access to utilities and public services.
Section 5: This resolution shall take effect immediately upon its adoption by the City
Council, and the City Clerk shall certify the vote adopting this resolution.
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ADOPTED this 28th day of February, 2017
ATTEST:
L4ft � L P --
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
I�
Aaron C. Harp
City Attorney
Resolution No. 2017-15
Page 5 of 8
/Z � /
Kevin Muldoon
Mayor
Attachment: Exhibit A — Conditions of Approval
EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division
Resolution No. 2017-15
Page 6 of 8
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. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. A copy of the Resolution, including conditions of approval listed as Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Site
Development Review file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include architectural
sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall
accurately depict the elements approved by this Site Development Review and shall
highlight the approved elements such that they are readily discernible from other
elements of the plans.
6. Prior to the issuance of building permits, 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. Compliance with Newport Beach Municipal Code
Chapter 14.17 (Water -Efficient Landscaping) shall be appropriately demonstrated.
7. Prior to the issuance of building permits, the fair share traffic contribution in effect at the
time shall be paid in accordance with the Municipal Code.
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. Building owners and tenants shall keep the building exteriors and facades clean and in
good repair.
Resolution No. 2017-15
Page 7 of 8
10. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
11. Prior to the issuance of building permits, the applicant shall prepare photometric study
in conjunction with a final lighting plan for approval by the Planning Division. The survey
shall show that lighting values are "I" or less at all property lines.
12. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
13. 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.
14. 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.
15. 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 Santa Ana Avenue Cottages including, but not limited to, Major Site
Development Review No. SD2016-002 (PA2016-069).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,
attomeys' 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.
16. Prior to submittal for building permits, the applicant shall submit revised elevations
reflecting smooth stucco and enhanced architectural features for review and approval of
the Planning Division. If the Planning Division determines the revisions do not meet the
intent of the City Council's action, the design shall be submitted to the City Council for
review.
Resolution No. 2017-15
Page 8 of 8
Public Works Department
17. An encroachment permit shall be required for all work activities within the public right-
of-way. An encroachment agreement shall be required for any private improvements
installed within the public right-of-way.
18. All on-site drainage shall comply with the latest City water quality requirements.
19. All improvements shall comply with the City's sight distance requirement per City
Standard 110-L.
20. The parking layout and drive aisles shall comply with City Standards STD -805 -L-A and
STD -805 -L -B. Dead end drive aisles shall provide a dedicated turnaround space and a
five-foot minimum clear paved hammerhead/drive aisle extension. The drive aisle shall
be a minimum of 26 feet wide.
Fire Department
21. Adequate emergency access shall be required pursuant to California Fire Code Section
503.1.
22. Pursuant to California Fire Code Section 507.1, an approved water supply capable of
supplying the required fire flow for fire protection shall be provided to the premises upon
which the buildings are to be constructed.
23. An automatic fire sprinkler system shall be installed in compliance with California Fire
Code Sections 903.2.8 and 903.2.18.
Building Division
24. 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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2017-15 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 28th day of February, 2017, and that the same was so passed and adopted by
the following vote, to wit:
AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Scott
Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin
Muldoon
NAYS: Council Member Diane Dixon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 1stday of March, 2017.
h6o� J Pork,
Leilani I. Brown, MMC `
City Clerk
Newport Beach, California
(Seal)