HomeMy WebLinkAbout20130808_PC Reso 1916RESOLUTION NO. 1916
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING VARIANCE PERMIT
NO. VA2013·004 FOR THE TANNIR RESIDENCE LOCATED AT
3235 OCEAN BOULEVARD (PA2013·110)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brion Jeannette Architecture, with respect to property located
at 3235 Ocean Boulevard, and legally described as the southeasterly one-half of Lot 15
and Lot 16 of Tract 1026.
2. The applicant proposes to construct a 3-level, single-family residence with a Variance to
allow:
a. the lower level of the residence to encroach 10 feet into the required 10-foot
front yard setback; and
b. a portion of new staircase and its railings located in the side yard setback to
exceed the 6-foot height limit by 3 feet, for a total height of 9 feet.
3. The subject property is located within the Single-Unit Residential (R-1) Bluff Overlay
Zoning District and the General Plan Land Use Element category is Single-Unit
Residential Detached (RS-D).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single-Unit Residential Detached (RSD-A).
5. A public hearing was held on August 8, 2013, in the City Hall Council Chambers, 100
Civic Center Drive, Newport Beach, Califomia. 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.
This project has been determined to be categorically exempt under the requirements of the
Califomia Environmental Quality Act under Section 15303 Class 3 (New Construction or
Conversion of Small Structures) which includes construction of a single-family residence and
related accessory structures in a residential zone. The proposed project is a single-family
residence to be constructed in the R-1 (Single-Unit Residential) Zoning District.
SECTION 3. REQUIRED FINDINGS.
Planning Commission Resolution No. 1916
Page 2 of 11
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:
A-1. The subject property slopes from Ocean Boulevard down to the south at a slope ratio of
approximately 3:1 for approximately 90 feet. This is measured from the curb (EL 89.0')
to the 56.0 foot contour. From there on, the site transitions to an approximate 1:1 slope
that extends approximately 50 feet downward to the 14.0 foot contour and flattens out to
Breakers Drive. The subject property is within the Bluff Overlay District which has two
development areas where principal and accessory structures are allowed to be
constructed. Given the topography of the subject property, regulation constraints by the
Bluff Overlay District, and further restrictions recently imposed by the California Coastal
Commission on the neighboring parcel at 3225 Ocean Boulevard that are likely to be
imposed on the subject property, the new residence will be facing a similar restriction to
redevelop within the existing building footprint on the subject site thereby resulting in a
more restrictive development envelope than to other R-1 zoned properties nearby.
A-2. The California Coastal Commission desires minimal "new" improvements on the bluff
face. As a result, the existing improvements within this area need to be preserved and
repaired as necessary. The proposed new staircase is necessary to connect the new
residence to the existing staircase that leads down to Breakers Drive.
Finding:
B. Strict compliance with Zoning Code requirements would deprive the subject property of
privileges enjoyed by other properties in the vicinity and under an identical zoning
classification.
Facts in Support of Finding:
B-1. The Variance does not constitute the granting of a special privilege as it allows the
property owner to develop a residence that is compatible with other lots in the vicinity
that are identically zoned. The proposed residence is considerably smaller in floor area
when compared to the sizes of other residences on similar sized lots in the vicinity. The
project, as designed, will allow the property owner to construct a dwelling that meets
their needs while limiting setback encroachment to the lower level, staircase height, and
alteration of the coastal bluff.
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Finding:
Planning Commission Resolution No. 1916
Page 3 of 11
C. Granting of the Variance is necessary for the preservation and enjoyment of substantial
property rights of the applicant.
Facts in Support of Finding:
C-1. The proposed development is approximately 65 percent of the maximum allowed on the
subject property. The maximum allowable gross floor area is 12,341 square feet while
the subject property proposes 7,978 square feet. Granting the requested subterranean
front yard setback encroachment allows the subject property to have a comparable
dwelling size when compared to the sizes of newly-improved homes on similar parcels
in the vicinity. The 10-foot front yard setback will be maintained above grade with
landscaping and be used as open patio area.
C-2. The retaining of existing staircase on the bluff and the addition of a 12 feet, 7 inches
new staircase to provide adequate access between the main dwelling and the accessory
structure below will cause the least amount of disruption to the coastal bluff.
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:
0-1. The Zoning Code provides the flexibility in application of land use and development
regulations by way of permitting Variance applications. The Variance procedure is
intended to resolve practical physical hardships resulting from the unique topography
and lot configurations that exist in the City and on this property. The granting of this
request is consistent with the intent of the established front yard setback as the
encroachment would be subterranean and not visible from Ocean Boulevard. The upper
levels maintain the required setback to ensure that there would be adequate flow of air
and light to adjoining properties, to provide adequate separation between structures on
private property and the public right-of-way, and to provide a consistent look from the
public right-of-way.
0-2. The proposed staircase will be built with wood framing on piles consistent with the
existing staircase, open wood railing, and will be elevated off of the bluff face to
minimize disruption to the bluff, preserve the natural drainage pattern of the site, and
allow for native vegetation to grow beneath.
0-3. The proposed staircase is compatible with the neighborhood in that all other properties
along this section of Ocean Boulevard have staircases on the bluff to provide access to
either Breakers Drive or Corona del Mar State Beach
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Finding:
Planning Commission Resolution No. 1916
Page 4 of 11
E. Granting of the Variance will not be 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.
Facts in Support of Finding:
E-1. The subject property is designated for single-family residential use and the granting of
the Variance would not increase the density beyond what is planned for the area, and
will not result in additional traffic, parking or demand for other services. The granting of
the Variance request will not adversely impact public views from Ocean Boulevard since
the subterranean front yard setback encroachment will not be visible from the street
level, and will be approximately 24-feet from the existing sidewalk and 50-feet from
Ocean Boulevard. The proposed encroachment will not affect the flow of air or light to
adjoining residential properties in that the required 10-foot front yard setback is
maintained at above grade level (at the middle and upper levels).
E-2. The new staircase location will result in the least alteration to the coast bluff as it would be
built at grade with no visual impact from Ocean Boulevard. Additionally, the proposed
staircase is 11-to 15-feet below the 56-foot contour as well as 11-to 18-feet below the
adjacent neighbor's lowest deck level. It therefore, would not affect adjacent neighbor's
views or would it affect the flow of air or light to their property.
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:
F.1. The granting of the applicant's request is consistent with the intent of the General Plan,
Coastal Land Use Plan and Zoning Code as it would not increase the density beyond
what is planned for the area; will not adversely impact the designated public views from
Ocean Boulevard as it adheres to the top-of-curb height restrictions; and will allow for
more open coastal bluff face than is required in the Development Area C by maintaining
the existing building footprint, and the existing staircase with a small portion of the new
one to connect to the new residence. Furthermore, the approval of the Variance does
not reduce the visible front yard and consistent with the intent of front yard setback
requirement.
F.2 The staircase will not be incompatible with the neighborhood in that all other properties
along this section of Ocean Boulevard have staircases on the bluff to provide access to
either Breakers Drive or Corona del Mar State Beach and the Bluff Overlay regulations
allow for staircases.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
Planning Commission Resolution No. 1916
Page 5 of 11
1. The Planning Commission of the City of Newport Beach hereby approves Variance
Permit No. VA2013-004, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
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 8TH DAY OF AUGUST, 2013.
AYES: AMERI, BROWN, HILLGREN, KRAMER, MYERS, AND TUCKER
NOES:-NONE
ABSTAIN: NONE
ABSENT: LAWLER
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Planning Division
Planning Commission Resolution No. 1916
Page 6 of 11
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
1. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval. It 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 natural bluff face shall be restored to its natural state if inadvertent alteration should
occur during construction of the project.
3. Variance No. 2013-004 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless
an extension is otherwise granted.
4. Prior to the issuance of a building or grading permit, a waiver of future shoreline
protection during the economic life of the structure (75 years) shall be executed and
recorded against the property. The waiver shall be binding upon all future owners and
assignees. The waiver shall be reviewed and approved by the City Attorney prior to
recordation.
5. Accessory structures shall be relocated or removed if threatened by coastal erosion.
Accessory structures shall not be expanded but routine maintenance of accessory
structures is permitted.
6. Prior to issuance of building permits, approval from the California Coastal Commission
shall be required.
7. Prior to the issuance of building permits, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. The plans shall comply with
the City's Water Efficient Landscape Ordinance (Chapter 14.17) and Water
Conservation Ordinance (Chapter 14.16) of the Municipal Code. These plans shall
incorporate native, drought tolerant plantings and water efficient irrigation practices,
and the plans shall be approved by the Planning Division, Public Works, and General
Services Departments. All planting areas shall be provided with a permanent
underground automatic sprinkler irrigation system of a design suitable for the type and
arrangement of the plant materials selected. The irrigation system shall be adjustable
based upon either a signal from a satellite or an on-site moisture-sensor.
8. All new 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
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Planning Commission Resolution No. 1916
Page 7 of 11
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. Prior to the final of building permits, the applicant shall schedule an inspection by the
Planning Division to confirm that all landscaping on the property and within the public
right-of-way was installed in accordance with the approved plan.
10. Reclaimed water shall be used whenever available, assuming it is economically
feasible.
11. Water leaving the project site due to over-irrigation of landscape shall be minimized. If
an incident such as this is reported, a representative from the Code and Water Quality
Enforcement Division, shall visit the location, investigate, inform and notice the
responsible party, and, as appropriate, cite the responsible party and/or shut off the
irrigation water.
12. Watering shall be done during the early morning or evening hours (between 4:00 p.m.
and 9:00 a.m.) to minimize evaporation the following moming.
13. All leaks shall be investigated by a representative from the Code and Water Quality
Enforcement Division and the Applicant shall cornplete all required repairs.
14. Prior to the issuance of a building permit, the applicant shall pay any unpaid
adrninistrative costs associated with the processing of this application to the Planning
Division.
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 Tannir Residence Project including, but not limited
to, Variance Permit No. VA2013-004. This indemnification shall include, but not be limited
to, damages awarded against the City, if any, costs of suit, attomeys' 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.
Building Division
16. 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-
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Planning Commission Resolution No. 1916
Page 8 of 11
adopted version of the Califomia Building Code (CBC). The construction plans must
meet all applicable State Disabilities Access requirements.
17. Prior to issuance of the grading permit, the project applicant shall document to the City of
Newport Beach Building Division that the project is designed and will be constructed to
comply with current seismic safety standards and the current City-adopted version of the
CBC.
18. A Water Quality Management Plan shall be required.
19. A CAL-OSH permit shall be required.
20. Prior to issuance of the grading permit, a geotechnical report provided by a licensed
Certified Engineering Geologist or Geotechnical Engineer shall be submitted with
construction drawings for plan check. The report shall include slope stability analyses
and erosion rate estimates. The Building Division shall ensure that the project complies
with the geotechnical recommendations included in the geologic investigation as well as
additional requirements, if any, imposed by the Newport Beach Building Division. To
assure stability, the development must maintain a minimum factor of safety of 1.5 against
land-sliding for the economic life of the structure (75 years).
21. Prior to issuance of the grading permit, grading/drainage and shoring plan shall be
submitted to the Building Division for review and approval.
22. Encroachment permit(s) shall be required for the installation of shorings.
23. Existing stairway shall be improved/upgraded per Chapter 10 of the California Building
Code.
24. The new residence shall in compliance with California Building Code or California
Residential Code for exiting, number of stories, travel distance, and all required Fire
safety and structural provisions.
25. Where vehicles leave the construction site and enter adjacent public streets, any
visible track-out extending for more than fifty (50) feet from the access point shall be
swept within thirty (30) minutes of deposition.
26. The construction and equipment staging area shall be located in the least visually
prominent area on the site and shall be properly maintained and/or screened to
minimize potential unsightly conditions. Construction equipment and materials shall be
properly stored on the site when not in use.
27. A six-foot-high screen and security fence shall be placed around the construction site
during construction.
28. The applicant shall comply with Southem California Air Quality Management District
Rule 403 requirements as follows:
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Land Clearing/Earth-Moving
Planning Commission Resolution No. 1916
Page 9 of 11
a. Exposed pits (i.e., gravel, soil, and dirt) with 5 percent or greater silt content
shall be watered twice daily, enclosed, covered, or treated with non-toxic soil
stabilizers according to manufacturers' specifications.
b. All other active sites shall be watered twice daily.
c. All grading activities shall cease during second stage smog alerts and periods
of high winds (i.e., greater than 25 mph) if soil is being transported to off-site
locations and cannot be controlled by watering.
d. All trucks hauling dirt, sand, soil, or other loose materials off-site shall be
covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum
vertical distance between the top of the load and the top of the trailer).
e. Portions of the construction site to remain inactive longer than a period of three
months shall be seeded and watered until grass cover is grown or otherwise
stabilized in a manner acceptable to the City.
f. All vehicles on the construction site shall travel at speeds less than 15 mph.
g. All diesel-powered vehicles and equipment shall be properly operated and
maintained.
h. All diesel-powered vehicles and gasoline-powered equipment shall be turned off
when not in use for more than 5 minutes.
i. The construction contractor shall utilize electric or natural gas-powered
equipment instead of gasoline or diesel-powered engines, where feasible.
Paved Roads
k. Streets shall be swept hourly if visible soil material has been carried onto
adjacent public paved roads. (See condition No. 34 above).
m. Construction equipment shall be visually inspected prior to leaving the site and
loose dirt shall be washed off with wheel washers as necessary.
29. The applicant shall employ the following best available control measures ("BACMs") to
reduce construction-related air quality impacts:
Dust Control
a. Water all active construction areas at least twice daily.
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Planning Commission Resolution No. 1916
Page 10 of 11
b. Cover all haul trucks or maintain at least two feet of freeboard.
c. Pave or apply water four times daily to all unpaved parking or staging areas.
d. Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
e. Cover or water twice daily anyon-site stockpiles of debris, dirt or other dusty
material.
f. Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
a. Require 90-day 10w-NOx tune-ups for off road equipment.
b. Limit allowable idling to 30 minutes for trucks and heavy equipment.
Off-Site Impacts
a. Encourage car pooling for construction workers.
b. Limit lane closures to off-peak travel periods.
c. Park construction vehicles off traveled roadways.
d. Wet down or cover dirt hauled off-site.
e. Sweep access points daily.
f. Encourage receipt of materials during non-peak traffic hours.
g. Sandbag construction sites for erosion control.
Fill Placement
a. The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
b. Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six-inch surface layer, subject to review/discretion of the geotechnical
engineer.
Public Works
30. All improvements shall be constructed as required by the Municipal Code and the
Public Works Department.
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Planning Commission Resolution No. 1916
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31. The applicant shall construct new concrete curb and gutter per City standards along
Breakers Drive frontage.
32. New driveway along Breakers Drive shall be reconstructed per STD-162-L.
33. All existing private, non-standard improvements within the public right-of-way and/or or
extensions of private, non-standard improvements into the public right-of-way fronting
the development site shall be removed.
34. Encroachment permit shall be required for all work activities within the public right-of-
way.
35. Additional reconstruction within the public right-of-way may be required at the
discretion of the Public Works Inspector in case of damage done to public
improvements surrounding the development site by the applicant.
36. All on-site drainage shall comply with the latest City water quality requirements.
37. A new sewer cleanout shall be installed on the existing sewer lateral per STD-406-L
adjacent to the property line in the Breakers Drive public right-of-way.
38. No structural components, such as tie backs, foundations and caissons, shall be
permitted to encroach into the Ocean Boulevard right-ot-way tor the new lower level
that encroaches into the front yard setback area.
39. Prior to the building permit issuance, the existing 4-foot wide sewer easement along
the property's southeasterly property line shall be vacated to accommodate the
proposed improvements (stairway & barbeque).
40. City Council review and approval shall be required for the non-standard improvements
(i.e., retaining walls, railings, stairs, etc.) within the Ocean Boulevard public right-ot-
way, since the proposed improvements are not consistent with City Council Policy L-6.
If approved by City Council, the property owner shall be required to obtain an
encroachment permit for the construction of the non-standard improvements and
obtain an Encroachment Agreement for the non-standard improvements.
Fire Department
41. Smoke alarms shall be required on the ceiling or wall outside of each separate
sleeping area in the immediate vicinity of bedrooms, in each room used for sleeping
purposed, and on each dwelling level per California Fire Code Section 907.2.11.2.
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