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HomeMy WebLinkAbout2010-3 - Megonigal Residence - Modfication PermitRESOLUTION NO. 2010 -3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2007 -080 FOR THE MEGONIGAL RESIDENCE LOCATED AT 2333 PACIFIC DRIVE (PA 2007 -133) WHEREAS, an application was filed by David R. Olson on behalf of Kim and Carolyne Megonigal, property owners, with respect to property located at 2333 Pacific Drive, requesting a modification permit to allow structures (walls, planters and guardrails) to exceed the 3 -foot height limitation in the 5 -foot front yard setback; 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 November 19, 2009, 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 at the conclusion of the hearing, the Planning Commission adopted Resolution No. 1795 recommending certification of an Environmental Impact Report prepared for the project and approval of the modification permit application; and WHEREAS, the proposed project is in substantial conformance with the public view protection policies of the General Plan and Coastal Land Use 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 building elements to avoid significant impacts to public views from Begonia Park. WHEREAS, 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 reduced building mass that is consistent with the scale and massing of the neighborhood and it reduces impacts to public view impacts from Begonia Park. Providing clearstory windows on the front elevation and planters in the front yard opens the project to Pacific Drive and Begonia Avenue. WHEREAS, The proposed project is in substantial conformance with the landform alteration policies of the General Plan and Coastal Land Use Plan and Criterion No. 7 of Ordinance No. 2007 -3. These applicable policies and Criterion No. 7 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 alteration would not significantly impact the City's overall environmental character, but would assist in minimizing impacts to public views. WHEREAS, Section 20.93.030 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. The granting of this application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Practical difficulties are the sloping topography of the site, the small lot size, the orientation of the lot and the resulting small buildable depth of the lot. The site is steeply sloping with grades exceeding 70 %. Site elevations at the garage vary and are between 0 to 4 feet below the elevation of the curb. The site is relatively small with a lot size of 4,412 square feet and a maximum buildable area based upon the Zoning Code of 2,853 square feet. The depth of the buildable area of the lot in the area of the garage, which is the flattest portion of the lot, is between 13 to 30 feet. The Zoning Code requires two off - street parking spaces that must meet a minimum width and depth standards and the Code limits the height of structures within the 5- foot front yard setback area to 3 feet from natural grade. Strict compliance with the Code would reduce the height of the proposed walls, planters and guardrails in the required front yard setback area that facilitate safe and convenient vehicular and pedestrian access to the structure. Denial of the application would result a physical hardship with a sloping driveway down toward the proposed residence that would exceed minimum slope standards as determined by the City's Traffic Engineer for safe and convenient vehicular access. Additionally, denial of the application would eliminate planters and or guardrails necessary to provide a safe means of pedestrian access to the proposed structure. The intent of the Zoning Code is to promote the growth of the City of Newport Beach in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare, and to protect the character and social and economic vitality of all districts within the City, and to assure the orderly and beneficial development of such areas. The purpose of the structure height limit within the required front yard setback area is to minimize the visual impact of structures upon the public right -of -way and to provide adequate sight distance for pedestrians and vehicles. Development of the site without providing off - street parking or a safe and convenient means of providing vehicular access to off - street parking spaces or without providing adequate safety features for pedestrian access to the structure would not be promoting the orderly development of the City in a manner that would be considered safe. 2. The requested modification will be compatible with existing development in the neighborhood for the following reasons: a) Properties on the south side of Pacific Drive are developed with single - family dwellings with front yard setback designs that include landscaping, driveways and accessory structures that are at or slightly above the grade of the abutting sidewalk. The proposed structures subject to the requested modification permit will be at comparable heights when measured from the street grade. b) 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. 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: a) The proposed water feature will be removed. b) The proposed driveway, entry walkway, and planters are conditioned to be redesigned to meet City Council Policy L -6. c) Approval of the modification permit will not impact public views to a greater degree than construction of the proposed residence without approval given the position of the proposed features necessitating the modification permit being in front of and below the roof line of the proposed single family residence. WHEREAS, In accordance with the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code § §21000, et seq.) and its implementing State regulations (CEQA Guidelines) (14 Cal. Reg. § §15000, at seq.), the City of Newport Beach prepared Environmental Impact Report (SCH#2009051043). The purpose of the EIR is to analyze the potential impacts of the proposed Project and all of its component applications. The City Council considered and certified the Final Environmental Impact Report on January 12, 2010 by adopting certain CEQA Findings of Facts contained within Resolution No. 2010 -2, which are hereby incorporated by reference, and WHEREAS, the City Council recognizes that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. NOW THEREFORE, BE IT RESOLVED: Section 1. The recitals above are hereby declared to be true, accurate, and correct. Section 2. The City Council finds that notice of this hearing was provided in conformance with California law and the Municipal Code of the City of Newport Beach. Section 3. The City Council hereby finds that the Administrative Record which was considered by the City Council in adopting this Resolution consists, without limitation, of all documents, correspondence, testimony, photographs, and other information presented or provided to the Planning Director, Planning Commission, City Council and City including, without limitation, testimony received at City Council and Planning Commission meetings, staff reports, agendas, notices, meeting minutes, police reports, correspondence, and all other information provided to the City and retained in the files of the City, its staff and attorneys (except for attorney /client communications, work product and other privileged documents), and such is hereby incorporated by reference into the Administrative Record and is available upon request ( "Administrative Record "). Section 4. Based on the aforementioned findings, the City Council hereby approves Modification Permit No. MD2007 -080 (PA 2007 -133) subject to conditions of approval attached as Exhibit "A ". This resolution shall take effect immediately upon adoption. Passed and adopted by the City PASSED, APPROVED, AND ADOPTED this 12th day of January, 2010 ATTEST: off` � 11 r Leilani Brown, Clerk Keith D. Curry, Mayor Exhibit "A" CONDITIONS OF APPROVAL Standard conditions regular type Project speck condition in italics 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. As provided in 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. 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 standard concrete sidewalk and driveway approach 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 planters and water feature shall be removed from the public right -of -way 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 the principal structure, 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 (MM 4.3 -1). 17. 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 Megonigal Residence Project including, but not limited to, the approval of Modification Permit No. 2007 -080 collectively referred to as PA 2007 -133; and /or the City's related California Environmental Quality Act determinations, the adoption of a Environmental Impact Report and a Mitigation Monitoring Program for the Project. 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. 18. All development proposed for the proposed single - family residence shall be reviewed for consistency with applicable provisions of the California Building Code, Noise Ordinance, Uniform Fire Code, and other applicable codes and ordinances prior to issuance of building permits (SC 4.1 -1). 19. Prior to commencement of each major phase of construction, the Contractor shall submit a construction staging, parking and traffic control plan for approval by the Public Works Department, which shall address issues pertaining to potential traffic conflicts during peak traffic periods, potential displacement of on- street parking, and safety (MM- 7). a. This plan shall identify the proposed construction staging area(s), construction crew parking area(s), estimated number and types of vehicles that will occur during that phase, the proposed arrival /departure routes and operational safeguards (e.g. flagmen, barricades, shuttle services, etc.) and hourly restrictions, if necessary, to avoid traffic conflicts during peak traffic periods, displacement of on- street parking and to ensure safety. b. If necessary, the construction staging, parking and traffic control plan shall provide for an off -site parking lot for construction crews which will be shuttled to and from the project site at the beginning and end of each day until such time that the project site can accommodate off - street construction vehicle parking. Until that time, construction crews shall be prohibited from parking in the adjacent residential neighborhood. C. The plan shall identify all construction traffic routes, which shall avoid narrow residential streets unless there is no alternative, and the plan shall not include any streets where some form of construction is underway within or adjacent to the street that would impact the efficacy of the proposed route. d. Dirt hauling shall not be scheduled during weekday peak hour traffic. e. The approved construction staging, parking traffic control plan shall be implemented throughout each major construction phase. 20. During grading activities, any exposed soil areas shall be watered at least four times per day. Stockpiles of crushed cement, debris, dirt or other dusty materials shall be covered or watered twice daily. On windy days or when fugitive dust can be observed leaving the proposed project site, additional applications of water shall be applied to maintain a minimum 12 percent moisture content as defined by SCAQMD Rule 403. Soil disturbance shall be terminated whenever windy conditions exceed 25 miles per hour (SC -1). 21. Truck loads carrying soil and debris material shall be wetted or covered prior to leaving the site. Where vehicles leave the construction site and enter adjacent public streets, the streets shall be swept daily (SC -2). 22. All diesel - powered machinery exceeding 100 horsepower shall be equipped with soot traps, unless the Contractor demonstrates to the satisfaction of the City Building Official that it is infeasible (SC -3). 23. The construction contractor shall time the construction activities, including the transportation of construction equipment vehicles and equipment to the site, and delivery of materials, so as not to interfere with peak hour traffic. To minimize obstruction of through traffic lanes adjacent to the site, a flag person shall be retained to maintain safety adjacent to existing roadways, if deemed necessary by the City (SC -4). 24. The construction contractor shall encourage ridesharing and transit incentives for the construction workers (SC -5). 25. To the extent feasible, pre - coated /natural colored building materials shall be used. Water -based or low VOC coatings shall be used that comply with SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, or manual coatings application such as paint brush, hand roller, trowel, etc. shall be used to reduce VOC emissions, where practical. Paint application shall use lower volatility paint not exceeding 100 grams of ROG per liter (SC -6). 26. All construction equipment, stationary and mobile, shall be equipped with properly operating and maintained muffling devices. All construction equipment shall be located or operated as far as possible away from nearby residential units (MM -4), 27. A construction schedule shall be developed that minimizes the duration of potential project - related and cumulative construction noise levels (MM -5). 28. The construction contractor shall notify the residents of the construction schedule for the proposed project, and shall keep them informed on any changes to the schedule. The notification shall also identify the name and phone number of a contact person in case of complaints. The contact person shall take all reasonable steps to resolve the complaint (MM -6). 29. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on- site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted (SC 4.3 -1). 30. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare (SC 4.3 -2). 31. Bluff landscaping shall consist of native, drought tolerant plant species determined to be consistent with the California coastal buff environment. Invasive and non - native species shall be removed. Irrigation of bluff faces to establish re- vegetated areas shall be temporary and used only to establish the plants. Upon establishment of the plantings, the temporary irrigation system shall be removed (SC 4.2 -1). 32. Prior to issuance of the grading or building permit, an erosion control plan shall be submitted to and approved by the City's Chief Building Official (MM -2). 33. Prior to issuance of a grading permit, the applicant shall submit a soils engineering report and final geotechnical report to the City's Building Department for approval. The project shall be designed to incorporate the recommendations included in those reports that which address site grading, site clearing, compaction, caissons, bearing capacity and settlement, lateral pressures, footing design, seismic design, slabs on grade, retaining wall design, subdrain design, concrete, surface drainage, setback distance, excavations, cut -fill transitional zones, planters and slope maintenance, and driveways (MM -3). 34. A qualified archaeological /paleontological monitor shall be retained by the project applicant who will be present during the grading and landform alteration phase. In the event that cultural resources and /or fossils are encountered during construction activities, ground - disturbing excavations in the vicinity of the discovery shall be redirected or halted by the monitor until the find has been salvaged. Any artifacts andlor fossils discovered during project construction shall be prepared to a point of identification and stabilized for long -term storage. Any discovery, along with supporting documentation and an itemized catalogue, shall be accessioned into the collections of a suitable repository. Curation costs to accession any collections shall be the responsibility of the project applicant (MM -1). STATE OF CALIFORNIA } COUNTY OF ORANGE } as. 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. 2010 -3 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of January, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of January, 2010. 4& V �ON�,- City Clerk Newport Beach, California (Seal)