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Home My WebLink About17 - Modification Permit 2003-003 - 1530 & 1532 Ocean BoulevardCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 February 25, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department James Campbell, Senior Planner, (949) 644 -3210 JcampbelI @ city. newport- beach.ca. us SUBJECT: Council review of the approval of Modification Permit No. 2003 -003 APPLICANT: Tom and Kit Toohey 1530 Ocean Boulevard ISSUE: Should the City Council approve, modify or deny Modification Permit No. 2003 -003 for the encroachment of a 12 -foot wide entry porch within the 9 -foot front yard setback? RECOMMENDATION: Staff recommends that the City Council approve Modification Permit No. 2003 -003 subject to the findings and conditions of approval adopted by the Modifications Committee (see Exhibit No. 1). DISCUSSION: On February 5, 2003, the Modifications Committee unanimously approved the subject application. On February 11, 2003, Council member Heffernan requested this project be placed on the Council's agenda for review. The request consists of the construction of an entry porch to encroach within the 9 -foot required front yard setback. The 12 -foot wide porch would encroach 2 feet 8 inches within the setback with eves to encroach an additional 6 inches (see Exhibit No. 2). The property and residence has a rather interesting history. The applicant recently remodeled their residence located at 1530 Ocean Boulevard. The City approved Toohey Residence (MD2003- 008'0 February 25, 200:3 Page :2 Modification Permit No. 5007 in 1999 for the project to have a 14 -foot wide entry porch that encroaches 2 feet, 8 inches within the front yard setback. The eves of the entry porch were allowed to further encroach an additional 6 inches. The applicant then purchased the property next door (1532 Ocean Boulevard) and applied for a Lot Line Adjustment and Modification Permit to alter the buildings to create a single residence. The intervening lot line was eliminated with the approval of Lot Line Adjustment No. 2002 -023 in October of 2002. The proposed alterations to the building included similar encroachments within the front yard setback that were previously approved. The entry porch and eves were only allowed to encroach 2 feet within the setback and would to 28 feet wide (Modification Permit No. 2002 -097). These encroachments were less than what the applicant had originally proposed. The applicant continued to refine the proposed plans and the latest proposal is to have a 12 -foot wide entry porch to encroach 2 feet 8 inches into the front yard setback with eves to further encroach an additional 6 inches. This is the plan that was approved by the Modifications Committee earlier this month. The findings and conditions of approval are contained within the attached approval letter. After further examination of the project and its approval, staff believes that the current design of the entry porch, when compared to the previous approval, is superior as the overall width of the encroachment is less (12 feet vs. 28 feet) even though the entry would encroach an additional 8 inches (2 feet 8 inches as opposed to 2 feet). Two neighbors appeared at the Modifications Committee meeting and spoke in favor of the project. Staff also received one letter of support of the project. Environmental Review: The project was determined to be categorically exempt pursuant to Section 15301 of the implementing guidelines of the California Environmental Quality Act. This exemption permits the minor alteration of existing structures where no significant environmental resources are threatened. Public Notice: Notice of this hearing was published in the Daily Pilot and mailed to property owners within 100 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Alternatives: The City Council has the option to modify or deny the application in addition to the recommended action, which is to uphold the decision of the Modifications Committee and approve the project as designed. Should the Council choose to deny the subject Toohey Residence (MD2003 -003) February 25, 2003 Page 3 application by making a finding that it is potentially detrimental to the surrounding properties or community, the applicant could construct the entry porch and eves in accordance with the previously approved Modification Permit (MD 2002 -097). As noted previously, the previous approval is wider and encroaches 8 inches less than the current design. The Council does not have the option to consider the previous Modification Permits or Lot Line Adjustment as the time allotted to initiate such a review, (14 days) has lapsed. Prepared by: James W. Campbell, S nior Planner Attachments: Submitted by: Patricia L. emple, Planning Director A. Modification approval letter dated February 5, 2003 B. Project plans ATTACHMENT A Modification approval letter dated February 5, 2003 February 5, 2003 CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3229 Rob Williams, KTEY Group 17992 Mitchell South Irvine, CA 92614 Application No: Applicant: Address of Property Involved: Legal Description Approved as Requested: MODIFICATION PERMIT NO. ,NID2003 -003 (PA2003 -005) Staff Person: Javier S. Garcia, 644 -3206 Appeal Period: 14 days after approval date Modification Permit No. MD2003 -003 (PA2003 -005) Tom and Kit Toohey 1530 & 1532 Ocean Boulevard Lot 8 and 9, Block 1, Tract 518 Request to allow the addition of a 12 -foot wide entry porch element that will encroach two feet eight inches into the required nine -foot front yard setback (the related roof overhang will extend an additional six inches beyond the porch vertical supports). The property is located in the R -1 District. The Modifications Committee, on February 5, 2003, voted 3 ayes and 0 noes to approve the application request as modified based on the following findings and subject to the following conditions. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: FINDINGS: 1. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for "Single Family Detached" residential use. The existing residential structure is consistent with this designation. I February 5, 2003 Page - 2 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) 3. The modification to the Zoning Code as proposed would be consistent with the legislative intent of Title 20, of the Newport Beach Municipal Code, and is a logical use of the property that would be precluded by strict application of the zoning requirements for this District for the following reasons: • The existing entry porch that encroaches 2 feet 8 inches into the front yard setback was approved by Modification Permit No. 5007 in November, 1999. The proposed scope of work entails the redesign and relocation of an entry porch element that was subsequently approved by Modification Permit MD2002 -097 in October, 2002. • The new porch element has been reduced from 28 feet to 12 feet in width with 6- inch eave overhangs beyond the vertical support columns, and is proposed to encroach 2 feet 8 inches into the 9 -foot required front yard setback. • The existing structure is nonconforming in that it encroaches 10 inches into the 9- foot front yard setback and 7 inches into the 3 -foot side yard setback at the southwest comer of the subject property. No changes are proposed in this area. 4. The modification to the Zoning Code as proposed will not be detrimental to persons, property or improvements in the neighborhood or increase any detrimental effect of the existing use for the following reasons: • The new entry porch element will be similar in design to the existing porch, and will be located at the center of the remodeled residential structure. • The entry porch will be of open construction and will not consist of any living area. • The entry porch is a minor architectural feature limited to a maximum width of 12 feet with 6 -inch eave overhangs that will project no more than 2 feet 8 inches into the 9 -foot front yard setback. • The 2 -foot 8 -inch encroachment into the front yard setback is minor in nature when compared with the maximum eave projection of 2 feet 6 inches allowed by the Zoning Code. S. The proposed entry porch will not affect the flow of air or light to adjoining residential properties because: • The entry porch will be located at the center of the residential dwelling at the street side of the subject property. III February 5, 2003 Page - 3 6. The proposed entry porch will not obstruct public views from adjacent public roadways or parks because: • There are no public views through or across the subject property that are affected by the proposed project. CONDITIONS: The development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted in the following conditions. 2. Anything not specifically approved by this Modification Permit is not permitted and must be addressed in a separate and subsequent Modification Permit review. 3. The new porch entry element shall be no greater than 12 feet in width between the vertical support columns and shall be located at the center of the remodeled dwelling. The related eave overhangs may project a maximum of 6 inches beyond the vertical support columns to the front and sides of the vertical supports. 4. The vertical support columns shall encroach no more than 2 feet 8 inches into the required 9 -foot front yard setback and shall maintain a minimum setback of 6 feet 4 inches to the front property line. The support columns of the existing entry porch shall be removed, with the exception of the northwesterly column that may be incorporated into the comer of the building, as depicted on the approved plans. 5. All other conditions of approval of Modification Permit MD2002 -097 shall remain in full force and effect. 6. A building permit shall be obtained prior to commencement of the construction. 7. The structural elements of the existing front and side encroachments shall not be altered or removed without prior approval by the Planning Director. Removal of the existing structural members of the existing encroachment shall render this modification permit approval null and void. 8. 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. 9. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055 of the Newport Beach Municipal Code, unless an extension is approved prior to the expiration date of this approval, in accordance with Section 20,93.055 (B) of the Newport Beach Municipal Code. G February 5, 2003 Page - 4 The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. A filing fee of $875.00 shall accompany any appeal filed. No building permits may be issued until the appeal period has expired. A copy of the approval letter shall be incorporated into the Building Department set of plans prior to issuance of the building permits or issuance of revised plans. MODIFICATIONS COMMITTEE By (1+ Ak� Javief S. Garcia, AICP, Senior Planner Chairperson JSG:jjb F: \USERS \PLN \Shared \PA's \PAs - 2003 \PA2003 - 005 \MD2003 -003 appr.doc Attachments: Vicinity Map cc: Tom and Kit Toohey, property owners 1530 Ocean Boulevard Newport Beach, CA 92661 Appeared in Support: Cindi Moms, 1755 Plaza del Sur John Bonar, 1573 E. Ocean Blvd. Letter Received in Support: Tom and Cecelia Tobin, 1529 Miramar Dr. Appeared in Opposition: None 0 VICINITY MAP Modification Permit No. MD2003 -003 PA2003 -005 1530 & 1532 Ocean Boulevard v v1--1 I.J O L0 p M of CD L0 Lf) LID L0 O0 co fb Subject Property \ / C h� 4D 10 .•CO 6) id i aU° Feet VICINITY MAP �� lV *-E Modification Permit No. MD2003 -003 PA2003 -005 1530 & 1532 Ocean Boulevard ATTACHMENT B Project plans 13 This Page Left Intentionally Blank 1A ! 9 au �u r , 9 � ��99 4 6i ei� 6 z d 'I, lilt till u wz z�� N ai F° d 13 >o N „ b ppa € F u x F F 0 u — €f 1 a O W E• z n all! 22�i! lii 'J s VL1 -k - OA -OA5y7 i i m i B o a66�g�p��Qlp� idI @d6� I$� m c'si ±sxx: x:xxda �fxss €44 �saa r I� 9 au faa % xYf5 as a � ��99 4 6i ei� 6 z a 'I, lilt till W OO hill 110 13 >o r I� � 'H. 6•�.i I .. `L z a W Q z a A >o Z R' u x 0 u — O O W E• z Sa3��aElBi13$s33i�li$9�8��ai �P��iI2�e�I"diePi 1°s4 �� I$69i��pi .A §SsI %al4a�el4 %Ia95€EEpE� €IaE esReFe?Be6Fz£€ 59e ,}Fei9}IK {{IIaF ®p €. 1a49e EetII949a9e49S1 .ggqFp3p9$'s aaFe Cep3i£ESi.aeieF €: A .P.eFI @@A6ppB8P @dIIPIiEfP Iplgd4 &p1 S p I4BdF §�g esb�g eaE 4 S! €BggssS` 55 3A 9pEd$99Sg92��dR� Es�i9FII�IS��B44PEidI @ii a�6lia3it 4�Pi��O�ia$ Iii �! a .a §aeB4Sf %aIBEaBK %esd}d %sPtal� § §4 §ISteEpE aBeeBa €9a tF6SaIa9t I aI} 7n �€�€ pp pp ppppjj II qq ( p p t9 4 !p s }y y@ ppgsa {��SAES P�rd�S! 1��$fs�9ii�� §�f 3SS6I9Aeie'�58�9��P�S AAda6laIBI�68E6 - v..... }9Ssdilea. +il�I YIIiSea§ as €da£d°eBdAA��iBpBBB€ EBa6aaseseaal6 r I� 11 1111111111 �j s9tt i tl3ly Vts %kaaa tl: ]!aiP .M n • • . 4 • C pg d i 4Ef FR g a 91 O i al I �1 u_ M oo< O ul p a; X13 poOy F� N pp F eZ I 8 pg d i 4Ef FR g a 91 O i al I �1 Via_ IIIIIIIIIIIIII'II� °N RZ Ilia• j Ha ez w :a II I i I 11 zz ' 1 il 5 g° d� � ] � & I (7: �I I 1 hhhh' 1. � l i H I I I I I I I I t f-• 6, u p N ?t ��E gg EE � � � $;yk�l 11111 II I I €mm F o a _ MIIIIIID a nny I �ii�' `I T• �I N A A L P • �'� 10 I �',' ` lJjC ]JI all T �$yl � �� o _ F I • 1 �� Q' I�' II I �� p I ili ►ll; � -��II� J III r i 'I I Y. 1 lFA`� 41 -. 1 ' 1 1i I �} If 1 y ^ t'�� I�I :,�f�•� I 1 i � I�i �f .s� a • . I i I 11 oa pt__ ,ppjj JI a �IIIIIIIIIIIIIIl +�� & °a o$° �` F� wa n '13 1529 Miramar Drive Balboa, CA 92661 February 5, 2003 RE: Modification Permit # MD 2003.003 (PA 2003.005) Planning Department City of Newport Beach Thank you for the information regarding the pending remodel of the Toohey Family home, 1530 - 1532 Ocean Boulevard. We live at 1529 Miramar (across the alley 20 feet) and feel this project will not only enhance but also improve the beautiful neighborhood in which we are all fortunate to live. To us, the addition of a 12 foot wide entry porch will be a visual openness to this new and exciting home expansion. This project by the Tooheys is a testimonial of pride not only to live and expand their home in this great city, but to have the confidence to reside with those that make up a great community. Your preliminary communication and future dialog regarding modifications and related construction is quite helpful. Hopefully, this communiqud will assist in completing a project in which we can all be proud. Sorry we were not able to attend personally in support. Thank you again for reading our letter. Tom and Cecelia Tobin