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HomeMy WebLinkAbout2054 - VARIANCE SETBACK ENCROACHMENT AND EXCEED HEIGHT LIMIT - 2741 Ocean Blvd RESOLUTION NO. 2054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING VARIANCE NO. VA2015-005 FOR CONSTRUCTION OF A NEW SINGLE- FAMILY RESIDENCE WITH OVERHEIGHT STRUCTURES AND SETBACK ENCROACHMENTS, AND RESCINDING VARIANCE NOS. 653 AND 1137, FOR PROPERTY LOCATED AT 2741 OCEAN BOULEVARD (PA2015-224) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Richard Krantz Architecture, Inc. on behalf of Craig and Raquel Dawson (Applicant), the property owners, with respect to property located at 2741 Ocean Boulevard, and legally described as Parcel B of Resubdivision No. 082 together with the abandoned portion of Ocean Boulevard vacated under City Council Resolution No. 98-66, requesting approval of a variance. 2. The Applicant requests a variance to allow portions of a new single-family residence to exceed the height limit from grade and to allow retaining walls, a garage, and balcony terrace above to encroach into the 10-foot rear setback along Way Lane. The new residence would not exceed the top of curb height limit along Ocean Boulevard. Variance Nos. VA653 and VA1137 will be rescinded. 3. The subject property is designated Single-Unit Residential Detached (RS-D) by the Land Use Element of the General Plan and is within the Single-Unit Residential (R-1) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single-Unit Residential Detached—(6.0—9.9 DU/AC)(RSD-B)and the Coastal Zone is Single-Unit Residential (R-1). The development of a single-family home is excluded from obtaining a Coastal Development permit in accordance with Categorical Exclusion Order No. E-77-5. 5. A public hearing was held on February 9, 2017, in the Civic Center Community Room located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing 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 hearing. 6. A public hearing was held on April 6, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing 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 hearing. Planning Commission Resolution No. 2054 Page 2 of 10 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). 2. Class 3 exempts the construction of limited numbers of new, small structures, including one single-family residence. The proposed project is a new single-family residence located within the R-1 (Single-Unit Residential) Zoning District, SECTION 3. REQUIRED FINDINGS. In accordance with Newport Beach Municipal Code (NBMC) Section 20.52.090(F) (Variances — Findings and Decision), 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 subject property is approximately 10,527 square feet in area. An abandoned City right-of-way is located between the existing residence to be demolished and the Ocean Boulevard curb line and the resulting depth of the lot is approximately 90 feet. 2. The property slopes down steeply from Ocean Boulevard to Way Lane with a grade change of approximately 55 feet. The buildable area of the lot is constrained by the steep sloping topography of the site. 3. The development on the site is also constrained by the Ocean Boulevard curb height limit, which further limits the location and height of structures on site. The location of the proposed garage within the rear setback would reduce excavation of the coastal bluff that would be necessary to construct the garage behind the 10-foot rear setback line. 4. The proposed retaining walls are necessary to hold back the sloping bluff condition from Way Lane. 03-08-2016 Planning Commission Resolution No. 2054 Page 3 of 10 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: 1. The property is within the R-1 zone district. The strict and equal application of Zoning Code requirements for all R-1 lots within Corona del Mar provides property owners the privilege and right to construct and enjoy a residence with a gross floor area that can be 1.5 times the buildable area of the lot. R-1 zoned lots south of Ocean Boulevard are further limited in height as they are not permitted to exceed the elevation of the top of the abutting curb of Ocean Boulevard. Exceptions to the height limit and setback encroachments are necessary to allow a house consistent with the floor area limit of 1.5 times the buildable area of the lot. The site constraints create challenges to design a house of comparable height and position to other properties along Way Lane without providing relief from height and setback standards. 2. Six R-1 lots along this block, including the subject property, are located on a steep slope between Ocean Boulevard and Way Lane and are subject to the top of curb height limit. The height limit for the property is 24 feet for a flat roof structure and 29 feet for a sloping roof measured from grade. These lots along this block have been developed with residences that exceed the current height limit as measured from grade and have been granted a variance to exceed the height from grade limit. Each of the six lots also has been developed with walls, garages, structural elements, and portions of buildings within ten feet of the rear property line. 3. The Property has a 10-foot rear setback along Way Lane. Rear access is typical in Corona del Mar and most properties in the area have a 5-foot rear alley setback requirement, depending on the alley width. Way Lane essentially functions as an alley for the subject property, and if it were classified as an alley, the Zoning Code would allow for no rear setback because Way Lane is already 20 feet wide. 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 granting of the Variance is necessary for the preservation and enjoyment of substantial property rights, as relief from the height and rear setback standards allows for development on a property constrained by steep slopes and a secondary height limit from the top of curb elevation along Ocean Boulevard. The Variance allows the property owner to construct a dwelling consistent with the floor area limit for the site that provides 03-08-2016 Planning Commission Resolution No. 2054 Page 4 of 10 the code-required parking, and is of comparable height to other properties along Way Lane. 2. Facts in support of Finding B support this finding and are incorporated herein by reference. 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 Variance does not constitute a grant of a special privilege as it allows the property owner to develop a residence that is comparable in terms of height and rear yard encroachments with other lots along Way Lane that are identically zoned. The single- family home will comply with the curb height limitation along Ocean Boulevard and maintains similar rear setbacks as other buildings and structures along Way Lane. 2. Facts in support of Finding B support this finding and are incorporated herein by reference. 3. See statements B-3 and B-4 in support of this finding. 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. Facts in Support of Finding: 1. The design of the structure includes articulation, modulation, open volume consistent with the requirements of the Zoning Code. At the upper levels, the residence provides enhanced privacy for the abutting properties as compared to the applicant's proposed design. The residence will not increase the bulk and scale beyond that of the existing residence because the design sets the residence further back from Way Lane compared to the existing structure. 2. The proposed structure would exceed the height limit by approximately 18 feet at the worst case. The highest portion of the new structure, however, will be lower than the height of the existing structure and will improve public views from Ocean Boulevard. The proposed structure would not further impede views through the lot from abutting properties. 03-08-2016 Planning Commission Resolution No. 2054 Page 5 of 10 3. The granting of the Variance will not adversely impact public views from Ocean Boulevard because the proposed structure has been lowered to comply with the top of curb height restriction. 4. The proposed encroachment within the rear yard setback will not affect the flow of light or air to adjoining residential properties as adequate separation is provided. The existing garage setback encroachments have not proven detrimental. The structures within the rear setback will improve upon the existing condition as the majority of the encroachments will be pushed further away from Way Lane (e.g. fewer encroachments compared to existing conditions). 5. The height of the 42-inch guardrail adds minimal additional bulk and scale above the garage within the setback. Mechanical equipment will be stored within the building and associated noise will not pose a nuisance to nearby properties. 6. Way Lane functions similar to an alley and is 20 feet in width, providing sufficient turning width for vehicles to access the garage and for other vehicles to pass. The City's Public Works and Fire Departments have reviewed the proposed development as it relates to the ground level encroachments and are supportive given the reduction of encroachments compared to current conditions and resulting increased vehicle maneuverability within Way Lane. 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 subject property is designated for single-unit 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. 2. Setbacks required by the Zoning Code govern the location of structures on a lot and provide for open areas around structures for visibility and traffic safety, access to and around structures, access to natural light and ventilation, separation of incompatible land uses, space for landscaping and recreation, protection of natural resources, and safety from fire and geologic hazards. Variance approval provides appropriate setbacks for the property consistent with the existing development pattern along Way Lane. 3. The project is consistent with the goals and policies of the General Plan including General Plan policies NR20.1, 20.2, and 20.3 to preserve and where feasible, enhance public views from designated public vantage points and roadways. The roofline is below the top of curb elevation along Ocean Boulevard and the bulk and scale of the new home will not increase significantly beyond the envelope of the existing home. 03-08-2016 Planning Commission Resolution No. 2054 Page 6 of 10 4. The Zoning Code provides the flexibility in application of land use and development regulations through the Variance review process. 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. Due to the site topography, top of curb height limit, design of surrounding residences, limited feasible area for development, and avoidance of impacts to public and private views based upon the project, the height limit exceptions and setback encroachments are appropriate for this location. 5. The subject property is not located within a specific plan area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2015-005, 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 14 days following the date this Resolution was adopted 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. 3. This resolution supersedes Variance Nos. VA653 and VA1137, which upon vesting of the rights authorized by this Variance No. VA2015-005, shall become null and void. 03-08-2016 Planning Commission Resolution No. 2054 Page 7 of 10 PASSED, APPROVED, AND ADOPTED THIS 6T" DAY OF APRIL, 2017. AYES: Dunlap, Hillgren, Lawler, Weigand NOES: Koetting ABSTAIN: Zak ABSENT: Kramer BY: 0 rame Chain an BY: Peter Zak, Secr ary 03-08-2016 Planning Commission Resolution No. 2054 Page 8 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval, except as modified by applicable conditions of approval. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. The project shall not exceed the top of curb height pursuant to Zoning Code Section 20.30.060(8)(4). 5. Prior to the issuance of a 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. 6. 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. 7. 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. 8. 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 Division. 9. 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. 10. This approval shall expire and become void unless exercised within twenty-four (24) months from the actual date of review authority approval, except where an extension of 03-08-2016 Planning Commission Resolution No. 2054 Page 9 of 10 time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 11. 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 Dawson Residence Variance including, but not limited to, Variance No. VA2015-005 (PA2015-224). 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/orthe 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. Fire Department Conditions 12. The design of the Residential Fire Sprinkler System shall be in accordance with 13D. If the larger rooms are out of the scope of what is indicated in 13D, then the design of the system will be an alternative method by code and would result in the design of the system to be calculated beyond the two head calculation required by 13D. Engineering shall be provided prior to the issuance of building permits if construction details go beyond the current scope of 13D. 13. A minimum fire flow for this structure of 1,375 gallons per minute is required as per CFC Table B 105.1. A Fire Hydrant shall be required within 250 feet from the frontage of the property. Building Division Conditions 14. 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. 15. Prior to issuance of building permits, revise and resubmit the soils report to the satisfaction of the Grading Engineer. 16. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 03-08-2016 Planning Commission Resolution No, 2054 Page 10 of 10 17. Prior to issuance of building permits the project design shall provide emergency escape and rescue openings in each sleeping room and basement in accordance with Section R310 of CRC 2013 and shall open directly into a public way, or to a yard or court that opens to a public way. 18. Prior to issuance of building permits the project design shall provide stairs compliant with Section R311.7. 19. Prior to issuance of building permits the project design shall provide grade plan calculations to verify that level three is a, "story above grade plane"and not "basement" See Section 8202 of CRC 2013 for definitions. 20. Prior to issuance of building permits, the project plans shall include shoring plans and calculations. Public Works Conditions 21. City Council review and approval shall be required for non-standard improvements (i.e., retaining walls, railings, stairs, etc.) within the Ocean Boulevard public right-of-way if 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 construction of the non-standard improvements and obtain an Encroachment Agreement for non-standard improvements. 22. All portions of the proposed project, including but not limited to foundation, walls, caissons, tie-backs, etc. shall be located entirely on private property, 23. Prior to issuance of building permits the property lines shall be included on each of the building sections. 24. County Sanitation District fees shall be paid prior to the issuance of any building permits. 25. Prior to the issuance of building permits, shoring and structural plans shall be prepared by a Civil Engineer that demonstrate that the structural integrity of adjacent and neighboring structures will not be impacted. During demolition, the Engineer of record will provide an inspection and accompanying letter to the Building Official ensuring that adjacent structures are not affected. 03-08-2016