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HomeMy WebLinkAbout29 - Davidsson Residence - D& L Engineering - 3000 & 3002 Breaker Drive0 0 �Ew'�gl CITY OF NEWPORT BEACH Hearing Date: April 12, 1999 o° D COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 29 i PLANNING DEPARTMENT Staff Person: Eugenia Garcia 3300 NEWPORT BOULEVARD (949) 644 -3208 NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL PROJECT: Davidsson Residence (D & L Engineering, Applicant) 3000 and 3002 Breakers Drive PURPOSE OF APPLICATION: Amendment to revise Districting Map No. 18 to establish a 5 foot front yard setback on Breakers Drive in conjunction with the resubdivision of two parcels of land for the purpose of reorienting the front of the lots to Breakers Drive. An exception to the Subdivision Code is also requested because the interior parcel is less than the required 50 foot lot width and 5,000 sq. ft. total area for interior lots, and the corner parcel is less than the required 60 foot lot width and 6,000 sq. ft. total area for comer lots. ACTION: Conduct public hearing, introduce Ordinance 99- , and pass to second reading on April 26, 1999. Planning Commission Recommendation At its meeting of March 14, 1999, the Planning Commission voted (all ayes) to recommend approval of the Amendment No. 882 and Resubdivision No. 1059. Section 20.91.020 of the Newport Municipal Code states that the City Council shall have the final decision - making authority on applications filed concurrently with amendments to the General Plan, Zoning Code, or a planned community development plan or with a development agreement. The staff report to the Planning Commission prepared for their consideration, with the recommended findings and conditions of approval, and an excerpt of the Planning Commission minutes are attached for the information of the City Council. Submitted by: SHARON Z. WOOD Prepared by: EUGENIA GARCIA Assistant City Manager Associate Planner Attachments: Ordinance Staff Report to the Planning Commission Minutes of Planning Commission meeting March 4, 1999 ORDINANCE 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO DISTRICTING MAP NO. 18, SO AS TO ESTABLISH A 5 FOOT FRONT YARD SETBACK FOR TWO PROPERTIES LOCATED AT AT 3000 AND 3002 BREAKERS DRIVE (AMENDMENT NO. 882) WHEREAS, the Planning Commission initiated an amendment to establish a 5 foot front yard setback for two properties located at 3000 and 3002 Breakers Drive; and WHEREAS, the proposal is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan since the lots are designated for single - family development, a permitted use in this area, and WHEREAS, the proposed amendment has been determined to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 5 (Minor Alterations in Land Use Regulations); and WHEREAS, the proposed amendment is in association with the Resubdivision of the two properties which meet the requirements for an exception to the Subdivision Code, as set forth in the findings and conditions of approval of Exhibit A, Resubdivision No. 1059, and THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Districting Map Number 18 shall be amended to read as provided in attached Exhibit "A" SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the city, and the same shall be effective (30) days after the date of its adoption. 0� This Ordinance was introduced at a regular meeting of the City Council of the City of Newport 40 Beach held on April 12, 1999, and adopted on the 26`x' day of April, 1999, by the following vote, to wit: • ATTEST: City Clerk AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL, MEMBERS "313 •C � WWa ° �z e=pe� yJF O6 m' JEpF ��a 2 � z� orf M aL o°mo f � � �s 'o s P ° , 9 c �. oz P o� j o d - P p � P yti X 6, G ON �y r Ory p� H ,rye' .,,•2 ._ 9 IT h 0 v a z � c � aoi Z < a � =Qa o c i LL F �U UW == r /gym LL � «off u J Q: <n GSS U) 0 2 a yW ca o$ 8 2EW PpRt CITY OF NEWPORT BEACH Hearing Date: March 4, 1999 o° o COMMUNITY and ECONOMIC DEVELOPMENT Agenda Item No.: 1 �l PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD Staff Person: Eugenia Garcia NEWPORT BEACH. CA 92658 Phone number: (949) 644 -3208 (949) 644 -3200: FAX (949) 644 -3250 Appeal Period: 14 Days REPORT TO THE PLANNING COMMISSION SUBJECT: Davidsson Residence (D & L Engineering, applicant) 3000 and 3002 Breakers Drive PURPOSE OF APPLICATION: Amendment to revise Districting Map No. 18 to establish a 5 foot front yard setback on Breakers Drive in conjunction with the resubdivision of two parcels of land for the purpose of reorienting the front of the lots to Breakers Drive. An exception to the Subdivision code is also requested because the interior parcel is less than the required 50 foot lot width and 5,000 sq. ft. total area for interior lots, and the corner parcel is less than the required 60 foot lot width and 6,000 sq. ft. total area for corner lots. LOCATION: Lots 28, Block A36; Corona Del Mar Tract and a portion of Parcel 1 of Parcel Map No. 284 -1. ACTION: Hold hearing; if desired, adopt Resolution No. recommending to the City Council approval of: is • Amendment No. 882 • Resubdivision No. 1059 ZONE: R -1 OWNER: Sture and Huong Davidsson, Newport Beach Points and Authority • Environmental Compliance (California Environmental Quality Act) It has been determined that this project is categorically exempt under Class 5 (Minor Alterations in Land Use Limitations). • Conformance with the General Plan and Local Coastal Pro ram The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the properties for "Single Family" residential use. The subdivision of lots for single family development is consistent with this designation. • Amendment procedures are set forth in Section 20.94.020 (B) and Resubdivision requirements are set forth in Title 19 of the Newport Beach Municipal Code. • • The subject properties are located in the Coastal Zone, therefore, Coastal Commission approval is required. rJ VICINITY MAP ��i .. .2918 r! � ` ` ` : ' � •--- - - - -�i VL �p hp �c `•8R� �p p0 0 /J 1 ry CORONA DEL MAR STATE BEACH AMENDMENT NO. 882 RESUBDIVISION NO. 10591 1 Subject Property and Surrounding Land Uses Current Development: The subject property is comprised of two parcels of land occupied by a single family dwelling on each parcel. To the north: Across Ocean Blvd., are single family detached dwellings. To the east: Is a duplex and two - family dwellings To the south: Is the parking lot for the Corona Del Mar State Beach. To the west: Across his Avenue is a single family dwelling. A882 and Resubdivision No. 1059 February 18, 1999 Page 2 51 I* Background The subject property is comprised of two parcels of land that front on Iris Avenue south of Ocean Blvd. The lots fronting on Iris Avenue were established in conjunction with the original subdivision of Corona del Mar in 1904. Both parcels are located in the R -1 District and developed with single family dwellings that were constructed in 1951 and 1957. The two parcels are in joint ownership, and both existing dwellings front on and take access from Breakers Drive. The interior lot gains access by crossing over the rear of the corner lot. The proposal will include the demolition of a portion of the first and second floors of the 3000 Breakers Drive dwelling, which would allow for a new driveway access to 3002 Breakers Drive from Breakers Drive. The dwelling on the 3000 Breakers Drive property is approximately 1,959 sq. ft. and will be reduced to 1,451 sq. ft., while the dwelling on 3002 Breakers Drive is 1,247 sq. ft. and is not being altered. Analvsis The applicant has submitted a request to amend Zoning Districting Map No. 18 to establish a 5 foot front yard setback on Breakers Drive and to resubdivide the parcels to front on Breakers Drive instead of Iris Avenue, which will facilitate vehicular access to the interior lot without crossing over the corner lot. The requests present the following issues analyzed in this report: conformance with subdivision requirements and setbacks. Conformance With Subdivision Standards Section 20.60.040 of the Municipal Code states, "Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a development site even when of less area or width than that required by the provisions of this code." Title 19 of the Newport Beach Municipal also states, "No parcel or building site will be created which has a smaller area than the lot size required by Title 20 and this title or if a smaller parcel or building site is created, the area of such parcel or site will not be smaller than that of any such lot or lots shown on the recorded final map which were divided to create such parcel or building site." Title 20 requires that lots be a minimum of 60 feet wide and 6,000 sq. ft. total area for corner lots and 50 feet wide and 5,000 sq. ft. total area for interior lots. In order to approve the requested resubdivision, an exception to the subdivision standards is required because the lots are below the required lot widths and area requirements. PROTECT CHARACTRRICTICC Address Existing Lot Proposed lot Existing Proposed Existing Proposed Size size lot width lot width Buildable Area x Buildable Area x (Average) (Average) 1.5 1.5 3000 Breakers 2,925sq. ft. 2,923 sq. ft. 30 ft. 48.38 ft. 1,632 sq. ft. x 1.5 1,752 sq. ft. x 1.5 Drive = 2,448 sq. ft. = 2,628 sq. ft. 3002 Breakers 2,529 sq. ft. I 2,531 sq. ft. 28.22 ft. 48.5 ft. 1,725 sq. ft. x 1.5 1,670 sq. ft. x 1.5 Drive = 2,588 sq. ft. = 2,505 sq. ft. A882 and Resubdivision No. 1059 March 4, 1999 Page 3 11 The applicant wishes to establish lots that have the same orientation as other lots along Breakers Drive. The standard lot size for the original lots on Iris Avenue south of Ocean Blvd. is approximately 30 ft. by 89.62 ft. or a total of 2,5 2689 sq. ft., with the corner lot slightly larger at 2,925 sq. ft. The proposed lots are 2,531 sq.ft. for the interior lot (3002 Breakers Drive) and 2,923 sq.ft. for the corner lot (3000 Breakers Drive). Proposed Property Line v Q Existing ' Property yo�`a Line The proposed lots have irregular shapes to accommodate the existing dwellings and access from Breakers Drive. The proposed average lot width is 48.5 ft. for the interior lot, and approximately 48.38 ft. for the corner lot. The average width of a lot is calculated by measuring 20 feet in from the rear property line and 20 feet in from the front property line and taking an average of the two widths at those points. The average width of the proposed lots will not be less than the width of the existing lots when originally subdivided, although the narrowest points of the proposed lots will be 36.39 ft. for the interior lot and 21 ft. for the corner lot. Required Findings In accordance with Section 19.12.040 H of the Newport Beach Municipal Code, all of the following findings must be made in granting an exception to the design standards for lots in the approval of a tentative map for subdivisions containing less than 5 lots. 1. That there are special circumstances or conditions affecting the property. 2. That the exception is necessary for the preservation and enjo)7nent of a substantial property right of the petitioner. 0 A882 and Resubdivision No. 1059 March 4, 1999 Page 4 0 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is located. Staff offers the following analysis with respect to these findings: Finding No. 1: The interior lot has vehicular access from Breakers Drive, across the rear of the corner lot, because the grade from his Avenue is steep, making a curb cut difficult. Additionally, his Avenue is the main access to the beach, and site distance and traffic in the area create additional potential hazards. These facts could be determined to constitute the special circumstances and conditions affecting both properties Finding No. 2: The proposal will allow for both properties to function independently from each other with access provided for each property as a result of the proposed resubdivision. It could be determined that the exception is necessary for the applicant to enjoy the same property rights of other property owners in the area with direct access to their properties. Finding No. 3: The proposed subdivision will not be detrimental to the public welfare or injurious to other properties in the vicinity for the following reasons: • The proposed average lot widths are 48.38 ft. and 48.5 ft., which are more than the width of the existing lots and more than the width of other lots in the area. • The proposed lots are below the required size, but are consistent with others in the area. The resubdivision generally maintains the existing lot size. • The lots are oriented towards Breakers Drive, similar to others in the area and consistent with existing development on the lots. • The orientation of the proposed lots will have the potential to increase open space, light and air to the properties located to the rear of the subject lots created by the ten foot rear setbacks for both properties. Although the existing dwellings are nonconforming at the rear setback, any new development would be subject to the 10 foot setback requirement. • The proposed lot widths are greater than the original tract map. Therefore, the exception as requested is consistent with the intent of the Zoning Code because the Code includes provisions to allow the continued use and redevelopment of substandard lots created before August 2, 1943. A882 and Resubdivision No. 1059 March 4, 1999 Page 5 G Amendment No. 882 Without an amendment to establish the 5 foot front setback, the requirement for the R -1 District of 20 feet on the front would automatically apply. A 5 foot front yard setback is consistent with the front setbacks of other residential development along Breakers Drive. It should be pointed out that if the required 20 foot front yard setback were applied without the proposed amendment, it is likely that future development would result in a request for a variance on one or both of the properties because it would result in an unusually small buildable area for each parcel. All other setbacks for the existing dwellings will conform to the Code with the exception of both rear yards, which are 2 feet and 5 feet, instead of 10 feet, and the side yard setback on the corner lot in the location of the demolition of the building, which will result in a 3 foot setback instead of a 4 foot setback. In these areas, the existing buildings will be legally non - conforming. CONCLUSION AND RECOMMENDATION Staff has reviewed various alternatives to this request and is of the opinion that the proposed resubdivision represents a project that conforms as much as possible to the development standards of the Code because the average lot widths are greater than the existing widths. Additionally, the amendment will establish setbacks typical in the neighborhood. Since the structures on the two lots are of older construction, there is potential for redevelopment resulting in new structures that comply with the required setbacks. Additionally, the findings necessary for an exception to the Subdivision Code can be made because there are special circumstances on the properties related to topography and access; the establishment of independent access will provide for the preservation and enjoyment of property rights; and the proposal is not considered detrimental to the neighborhood since the new lots are similar in size and orientation to others in the area. Therefore, staff recommends that the Planning Commission recommend the approval of Amendment No. 882 and Resubdivision No. 1059 to the City Council with the findings contained in the draft resolution and Exhibit "A." Submitted by: PATRICIA L. TEMPLE Planning Director Attachments: Districting Map No. 18 Resolution Letter from Applicant Prepared by: EUGENIA GARCIA Associate Planner A882 and Resubdivision No. 1059 March 4, 1999 Page 6 0 0 X RESOLUTION NO. 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE. CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUCIL AN AMENDMENT TO DISTRICTING MAP NO. 18, SO AS TO ESTABLISH A 5 FOOT FRONT YARD SETBACK FOR TWO PROPERTIES LOCATED AT 3000 AND 3002 BREAKERS DRIVE WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, the proposal is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan since the lots are designated for single- family development, a permitted use in this area, and WHEREAS, the proposed amendment has been determined to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 5 (Minor Alterations in Land Use Regulations); and WHEREAS, the proposed amendment in association with the resubdivsion of the two properties which meet the requirements for an exception to the Subdivision Code, as set forth in the findings and conditions of approval of Exhibit A, Resubdivision No. 1059, and WHEREAS, Section 20.94.020 of the Newport Beach Municipal Code provides that Title 20 (the Zoning Code) may be amended by establishing setbacks and other provisions whenever the public necessity, convenience and the public welfare require such amendment; and WHEREAS, The proposal will not be detrimental to persons, property or improvements in the neighborhood and the amendment, as approved, would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reason: 0 the establishment of a 5 foot front yard setback along the Breakers Drive frontages of both parcels A882 and Resubdivision No. 1059 March 4.1999 Page 7 will provide a more consistent and uniform street -side setback for the subject properties in relation to other properties along Breakers Drive; and WHEREAS, the Planning Commission desires to recommend to the City Council, an amendment to Districting Map No. 18 of Title 20 of the Newport Beach Municipal Code, to establish a 5 foot front yard setback from the newly established front property lines due to a resubdivision of two parcels located on Iris Avenue and Breakers Drive. WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the Planning Commission to adopt a resolution recommending amendments to the Zoning Code or Districting Maps of the City of Newport Beach, and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Beach to recommend to the City Council, an amendment to Title 20 of the Newport Beach Municipal Code to revise Districting Map No. 18 to establish a 5 foot front yard setback for 2 parcels of land located at 3000 and 3002 Breakers Drive, 0 M rw Edward Selich, Chairman Richard Fuller, Secretary AYES NOES ABSENT A882 and Resubdivision No. 1059 March 4, 1999 Page 8 is W EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR RESUBDIVISION NO. 1059 Resubdivision No. 1059 The proposal is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan since the lots are designated for single - family development, a permitted use in this area. 2. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations) and Class 15 (Minor Land Divisions). 3. The proposal will not be detrimental to persons, property or improvements in the neighborhood and the resubdivision, as approved, would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reasons: • The design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. • The proposed lot sizes are compatible with the surrounding area and are generally the same size as the lots of the original subdivision (30 x 89.62 ft. lots, or ?339 sq fF 2689 sq. ft.) when the Corona del Mar Tract was established. • The lots created will result in nonconforming conditions with respect to setbacks, but are more nearly conforming to the requirements of the Code than other possible designs and the existing development. • The Zoning Districting Maps are being amended to designate a front yard setback that is more appropriate for the lots. 4. The following findings can be made to grant an exception to the Subdivision Code for lot width and area: • There are special circumstances that affect the properties; specifically, the lots were subdivided in 1904 facing Iris Avenue. The lots were subsequently developed with vehicular access to the interior property across the rear of the corner property and establishing access from Iris Avenue is difficult due to the steepness of the public street and the heavy vehicular and pedestrian traffic. • The exception is necessary for the preservation and enjoyment of substantial property rights of the applicant because the proposal will allow for both properties A882 and Resubdivision No. 1059 March 4, 1999 Page 9 13 to function independently from each other with access provided for each property as a result of the resubdivision. • The granting of the exception will not be detrimental to the public welfare or injurious to other properties in the vicinity since the proposed subdivision is more comparable and compatible to the surrounding development than the existing condition for the following reasons: • The proposed average lot widths are 48.38 ft. and 48.5 ft. which is more than the width of the existing lots and more than the width of other lots in the area. • The proposed lots are below the required size, but which is consistent with the area. The resubdivision generally maintains the existing lot size. • The lots are oriented towards Breakers Drive, similar to others in the area and consistent with existing development on the lots. • The orientation of the proposed lots will have the potential to increase open space, light and air to the properties located to the side and rear of the subject lots created by the ten foot rear yard setbacks for both properties, and although the existing dwellings are nonconforming at the rear setback, any new development would be subject to the 10 foot rear yard setback requirement. • The proposed lot widths are consistent with the intent of the original tract map and the exception as requested is consistent with the intent of the Zoning Code because the Code includes provisions to allow the continued use and redevelopment of substandard lots created before August 2, 1943. Conditions: 1. That a parcel map be recorded prior to the issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. That the parcel map be prepared on the California Coordinate System (NAD83) and that prior to recordation of the parcel map, the surveyorlengineer preparing the map shall submit to the County Surveyor a digital - graphic file of said map in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, Sub - article 18. 2. That prior to recordation of the parcel map, the surveyorlengineer 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 A882 and Resubdivision No. 1059 March 4, 1999 Page 10 1'� • Subdivision Code and the Orange County Subdivision Manual, Sub - article 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. 3. A 15 foot radius return shall be dedicated to the City at the corner of the intersection of Iris Avenue and Breakers Drive to eliminate the angle point at the southwesterly corner of the property. The dedication shall be dedicated on the parcel map or by separate document prior to the recordation of the parcel map. 4. Coastal Commission approval shall be obtained prior to recordation of the parcel map. 5. This resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the City Council. A882 and Resubdivision No. 1059 March 4.1999 Page I I D &L ENGINEERING CALIFORNIA LICENSED CIVIL, STRUCTURAL, GEOTECHNICAL ENGINEERS CALIFORNIA LICENSED LAND SURVEYORS P.O. Box 3532 Newport Beach, CA 92659 Voice: (626) 979 -9366 4 Ph /Fax: (949) 515 -9139 Newport Beach, December 28, 1998 Re: District Amendment and GPA/ 5' front setback/ 3002 Breakers Dr. concurrent with resubdivision map application for 3000/3002 Breakers Dr. Corona Del Mar Dear Planning Commission President, This is to emphasize that this application for District Map Amendment and General Plan Amendment with concurrent resubdivision map application is motivated by the need to bring a change to the zoning district to separate dwellings and accommodate for future development by allowing 5' front setback. It is based on the following findings: I. Special circumstances: The property is deprived from the privileges enjoyed by other properties on Breakers Drive. The back house (3002 Breakers Drive) does not have its own driveway. It is not possible to have public access on Iris due to narrow street, steep slope and adverse retaining wall. 2. Substantial Property Rights: The granting of this application is necessary for the preservation and enjoyment of substantial property rights. It will optimize full potential usage of the property and allow owners to exercise their ownership rights more fully. It will lead to higher enjoyment of ownership. 3. No special privileges: The granting of this application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties on Breakers Drive. Average buildable area for the average lot (30x118, see Corona Del Mar Subdivision MM 3/41 -42 and Tract 1026 MM 33/38) is: 24 x 93 x 1.5 = 3.348 s.f. average buildable area. Subject lot (3002 Breakers Drive) (assuming that 5' front setback requested in this application is granted) will have: 1,670 x 1.5 = 2,505 s.f buildable area (see sketch enclosed), thus still considerably smaller than the average. Therefore granting of 5' 0 bh ,y front setback is not a special privilege. . 4. No detrimental or adverse effect: The granting of this application, under the circumstances of this particular case, where existing R/W are wider than average (Breakers Drive 35' R/W, Iris Avenue 80' R/W) and where the Northeasterly and Southeasterly sides of 3002 Breakers Drive lot are adjacent to neighboring driveways 20' wide average (see parcel map), will not materially affect adversely the health or safety of persons residing or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. Yours sincerely, Luc J dy, RC (626) 979 -9366 or (949) 515 -9139 (in the evening) 0 17 City of Newport Beach Planning Commission Minutes March 4, 1999 INDEX SUBJECT: Davidsson Residence (D & L Engineering, applicant) Item No. 1 3000 and 3002 Breakers Drive Amendment No. 882 • Amendment No. 882 Resubdivision No. 1059 • Resubdivision No.1059 (Continued from February 18, 1999) Approved Amendment to revise Districting Map No. 18 to establish a 5 foot front yard setback on Breakers Drive in conjunction with the resubdivision of two parcels of land for the purpose of reorienting the front of the lots to Breakers Drive. An exception to the Subdivision code is also requested because the interior parcel is less than the required 50 foot lot width and 5,000 sq. ft. total area for interior lots, and the corner parcel is less than the required 60 foot lot width and 6,000 sq. ft. total area for corner lots. • Mrs. Garcia stated that there were two main issues regarding the proposed project, compliance with subdivision requirements and setbacks. She noted that there are three critical findings that must be made to approve an exception to the subdivision code. Approval of the project will allow both properties to operate independently of each with separate access for each property. The proposed amendment will establish 5 -foot front yard setback on Breakers Drive, which is consistent with development along Breakers. Mrs. Garcia also noted that staff has also received two letters from the Breakers Drive Community Associations regarding potential parking problems in the area. Mrs. Garcia explained that part of the demolition of the front building, which is at 3000 Breakers Drive, includes a car port that is currently occupied with storage materials. She stated it has come to staff's attention that perhaps the parking is a problem because the garages may not be used for parking vehicles. Mrs. Garcia stated that staff will have Code Enforcement follow -up on that and make sure the garages are accessible for parking to allay any problems in the area. Mrs. Garcia provided the Commission with photographs of the carport and storage area at 3000 Breakers. Mrs. Garcia pointed out that the second floor above is the area to be demolished so that the 3002 property can gain access to their garage. • Commissioner Fuller referred to the staff report, and asked for clarification of the lot sizes provided. Mrs. Garcia confirmed that 2689 square feet is the correct number. Commissioner Fuller said if that change were made there then they would also make the change under Resubdivision No. 1059, page 9, Item 3, second bullet point. Mrs. Garcia agreed. Commissioner Fuller referred to page 6, the 4th line from the bottom, under Amendment No. 882, it says, "...the exception of both rear yards, which are 2 feet and 5 feet, instead of 10 feet...," he asked if that is referring to 9 0 0 City of Newport Beach Planning Commission Minutes March 4, 1999 the setbacks. Mrs. Garcia responded yes. Commissioner Fuller asked if it should be 3 feet? Mrs. Garcia clarified that the rear yard setback will be required to be 10 feet, and that existing buildings are currently set back respectively. Commissioner Fuller asked if they are deleting some parking area? Mrs. Garcia stated she is not sure whether the carport is currently being used, but both 2- family dwellings have 2 enclosed parking spaces, which is the minimum required by code. Commissioner Fuller asked if, after demolition, this would still comply? Mrs. Garcia responded yes. Commissioner Ashley asked if the two communications received from the Board of Directors of the Breakers Community Association were signed? Mrs. Garcia responded that they were received unsigned. Commissioner Ashley asked if we know that the letters are authentic and sent by the Breakers Association? Mrs. Garcia noted she received a call from Mr. Jack Larson who said he represented the Board of Directors, and he also came in to look at the plans. Assistant City Attorney Clausen stated because there is not a signed letter, the letter can be considered with the weight it carries. • Chairman Selich referred to the photograph of the property and asked if there would be sufficient room in front of the garage for two off - street parking spaces? Mrs. Garcia noted for clarification, in front of the 3002 Breakers Drive property, which is the interior lot, there is approximately 23 to 24 feet in the front of the garage. Chairman Selich noted, of all existing parking spaces, whether they are being used or not, that this would be losing one parking space, the carport, and asked if that is correct. Mrs. Garcia responded that is correct. Public Comment opened. Luc Jeudy, 418 Santa Ana Avenue, Newport Beach, applicant, requested the approval of his request. Chairman Selich asked Mr. Jeudy if he is in agreement with the conditions of approval. Mr. Jeudy stated he is in agreement with the findings. Commissioner Fuller asked Mr. Jeudy how long he anticipates the improvements will stay there and what plans does he have beyond this project? Mr. Jeudy said a demolishing permit has been applied for and will be started as soon as they have the permit. Commissioner Fuller asked, going beyond that, what are Mr. Jeudy's plans to demolish both buildings? Mr. Jeudy stated that those buildings will remain and be improved, depending on the owner's desires. Commissioner Fuller suggested that if Mr. Jeudy were to demolish both buildings, that he could straighten the lot line in the center and have two lots with more frontage of the ocean. Mr. Jeudy said he 3 INDEX I City of Newport Beach Planning Commission Minutes March 4, 1999 understood what Commissioner Fuller was asking, but the intent of the owner is to preserve the two structures after the partial demolition is done, and use the structures as they exist today Charlotte Stevens stated she lives behind the property, and the property in the front is for sale. She is concerned because of the height factor in case they decide to scrape one or two of these buildings. Ms. Stevens stated she does not have any problem with what they are doing now. She wanted to know to whom she could talk to and find out how high they can go in front of her. Ms. Stevens said she has a 4 -story structure, and the property in front of her is a 2 -story structure. She said when she bought the property she was told they could not go higher than 7 -feet and tonight she is hearing other things. Ms. Stevens asked if this is a matter she should be concerned about? Ms. Temple explained that the property Ms. Stevens lives in was built with the benefit of a variance, and is higher than the height limit allows. Ms. Temple stated the two properties under consideration are subject to the height restrictions of the 24 -foot height limit, which allows for an average roof height of 24 -feet above the existing grade, and a maximum ridge height of a pitched roof at 29 -feet. Ms. Temple suggested that Ms. Stevens could make an appointment with staff to review how we determine compliance with the height limit. Ms. Temple noted, in absence of a variance, any structure would have to comply with that. Public Comment closed. Commissioner Gifford made a motion to adopt Resolution No. 1492 recommending to the City Council approval of the Amendment No. 882 and Resubdivision No. 1059 with the Findings and Conditions shown in the staff report. Commissioner Kranzley asked if the motion would include the changes in the staff report? Commissioner Gifford responded it would include the change in the numerical multiplication on page 4, third line down from 2529 square feet to 2689 square feet. The change would also include the numerical figure in Resubdivision 1059, on page 9, item 3, second bullet point. Ayes: Fuller, Tucker, Ashley Sellch, Gifford, Kranzley, and Hoglund Noes: None Absent: None Abstain: None SUBJECT: _.Discussion of Planning Commission approach and p3rh6pation in upcoming General Plan Amendments (Requested by drdirmon.S lich). Chairman Selich noted that the City Council, a week ago anday. INDEX 0 0 Item No. 2 Discussion Discussion continued to March 18, 1999 40 r6m A variance to'Weed the height limits for proposed alterations and additions to I Variance withdrawn an existing single lbri. ily dwelling unit. Mr. Patrick Alford noted t allowing: • Subject property possess ecial circumstances: topography confining development to the south t corner of the property and in close proximity to a horse rink. • At issue is whether strict application eight limits may deprive property owner of a substantial property right. • Garage and berm serving as buffer conform the height limit - no relief is necessary from the zoning regulations to all substantial use of the property. • View from first level may be impaired but this is a desig onsequence - not appropriate to use as justification for a variance. • Findings to support a variance are not present in this case. At Commission inquiry, Mr. Alford confirmed the following addition 0 2 P City of Newport Beach Planning Commission Minutes February 18, 1999 INDEX SUBJECT: Davidsson Residence (D & L Engineering, applicant) Item No. 1 3000 and 3002 Breakers Drive Amendment No. 882 • Amendment No. 882 Resubdivision No. 1059 • Resubdivision No.1059 Amendment to revise Districting Map No. 18 to establish a 5 foot front yard Continued to setback on Breakers Drive in conjunction with the resubdivision of two parcels of 03/04/1999 land for the purpose of reorienting the front of the lots to Breakers Drive. An exception to the Subdivision code is also requested because the interior parcel is less than the required 50 foot lot width and 5,000 sq. ff. total area for interior lots, and the corner parcel is less than the required 60 foot lot width and 6,000 sq. ft, total area for corner lots. This item was continued, at staff's request, to the next Planning Commission meeting of March 4' "to allow for re- noticing of the applications. Motion was made by Commissioner Kranzley to continue this item to March 4 , as staff requested. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None ..- �_. -.. - r n•:e...:u:.:::e::.V'.iJ�= ids >,K4H:?.°+tY�N✓1Ss'Md'N:Y+yY+^ .sw-l- ._ vi:+ 6' KKifiM .iYY`Y6'AtY/'.f.Ni?)�1MiL',M V'Sa,l4���^�� "-, OBJECT: Moriarty Residence (Fleetwood B. Joiner, applicant) Item No. 2 N, 2128 Mesa Drive Variance No. 1226 • Variance No. 1226 A variance to'Weed the height limits for proposed alterations and additions to I Variance withdrawn an existing single lbri. ily dwelling unit. Mr. Patrick Alford noted t allowing: • Subject property possess ecial circumstances: topography confining development to the south t corner of the property and in close proximity to a horse rink. • At issue is whether strict application eight limits may deprive property owner of a substantial property right. • Garage and berm serving as buffer conform the height limit - no relief is necessary from the zoning regulations to all substantial use of the property. • View from first level may be impaired but this is a desig onsequence - not appropriate to use as justification for a variance. • Findings to support a variance are not present in this case. At Commission inquiry, Mr. Alford confirmed the following addition 0 2 P P.O. Box 473 R1_CE iVED Corona del Mar, California 92625 April 2, 1999 ;•; :1,u The Hon. Dennis O'Neil Mayor City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Dear Sir, Per our conversation today, I am sending you the Breakers Drive Association's opinion of the proposed Revision of the District Map # 18 for Lot 28, Block A36; Corona Del Nlar Tract and a portion of Parcel 1 of Parcel ivlap No. 284 -1, Amendment No. 882, Resubdivision No. 1059 pertaining to 3000 and 3002 Breakers Drive. Opposite the 3000 address is the electric gate to Breakers Drive. Because of the congestion at this particular site, we feel that the residents are in jeopardy of not getting adequate service in case o fire or emergency medical if this change in the resubdivision is followed through, which is a 5 ft. front yard setback on Breakers Drive. Every parcel on Breakers Drive has a 10 ft. offset or more, and we do not feel that there is a need to change this standard. Breakers Drive Association is an incorporated association that has been incorporated for over 30 years. We are an association that represents twenty homeowners. The association responsibility is to maintain the street, oversee the maintenance of the electric gate. We hold annual meetings every February, when officials are elected, the budget reviewed and tabled items discussed. It was nice to talk to you, and Breakers Drive Association will appreciate anything you can do in regards to the above matter. Sincerely, BREAKERS DRI ASSOCIATION, INC. `s Jack B. Larson, Secretary 3024 Breakers Drive Corona del Mar, CA 92625 i 0 VICINITY MAP 1111111 Till j II . II 111111 II III 1 I T it �I 8R� �0 00 � a CORONA DEL MAR STATE BEACH AMENDMENT NO. 882 RESUBDIVISION NO. 1059 1 Subiect Prooertv and Sutroundina Land Uses Current Development: The subject property is comprised of two parcels of land occupied by a single family dwelling on each parcel. To the north: Across Ocean Blvd., are single family detached dwellings. To the east: Is a duplex and two - family dwellings To the south: Is the parking lot for the Corona Del Mar State Beach. To the west: Across his Avenue is a single family dwelling. • A882 and Resubdivision No. 1059 February 19. 1999 Page 2 r ':! / 4//,,/ �2 ��t \EER SJ ':y M M a s YQ�NO u n C!I� � `O moo' I// 1 NI •o I l- J , � � �-F- u0i LA w o o ro iS Q X 11 1 � o F: b. tj 6 � o O M o N �..so, Sy, it 1 Z Yo 10 10 Ql R ly N P M N �S 00 N o 0 o t�o 00 86� � .9� N o Y t n.. 11 Ir 0 0 0