HomeMy WebLinkAboutPC2018-023 - VARIANCE AND COASTAL DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE - 3200 OCEAN BOULEVARDRESOLUTION NO. PC2018-023
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING VARIANCE
NO. VA2017-002 AND COASTAL DEVELOPMENT PERMIT NO.
CD2017-091 TO ALLOW THE CONSTRUCTION OF A NEW
SINGLE-FAMILY RESIDENCE FOR PROPERTY LOCATED AT
3200 OCEAN BOULEVARD (PA2017-208)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Nicholson Construction on behalf of Karen M. Hinton, Successor
Trustee of the Maloney Family Trust ("Applicant"), with respect to property located at 3200
Ocean Boulevard, in the City of Newport Beach, and legally described as a portions of Lot
7 and Lot 8 of Block 138 of the Re -subdivision of Corona Del Mar, in the City of Newport
Beach, County of Orange, State of California, as shown on Map recorded in Book 4, Page
67 of Miscellaneous Maps in the office of the County Recorder of said county, requesting
approval of a coastal development permit and a variance.
2. The Applicant requests a coastal development permit to demolish an existing family
residence and allow the construction of a new 7,276 -square -foot, single-family residence
and a 688 -square -foot, three -car garage. Excluding the 2,748 -square -foot subterranean
basement, the resulting total floor area proposed is 5,216 square feet. The Applicant
requests a variance application to allow the residence to encroach 5 feet into the required
10 -foot rear setback and exceed the maximum floor area limit of 4,234 square feet.
3. The site is designated Single -Unit Residential Detached (RS -D) by the General Plan Land
Use Element and is located within the Single -Unit Residential (R-1) Zoning District.
4. The site 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).
5. A public hearing was held on August 9, 2018, in the Council Chambers located at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing
was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence,
both written and oral, was presented to, and considered by, the Planning Commission at
this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15303, Article 19, of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act) under Class 3, (New Construction or Conversion
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of Small Structures) of the CEQA Guidelines, because it has no potential to have a
significant effect on the environment.
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.
Variance
In accordance with NBMC Subsection 20.52.090(F) (Variances — Findings and Decision), the
following findings and facts in support of such findings are set forth:
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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:
The subject property has a unique orientation compared to neighboring lots along
Ocean Boulevard. The property and surrounding area were originally subdivided in 1904
as part of the Re -Subdivision of Corona del Mar. The subject property and neighboring
property at 210 Larkspur Avenue consist of portions of Lot 7 and 8 of Block 138 of that
original subdivision. Subsequent to the original subdivision, portions of Lots 7 and 8
were combined and reoriented to provide two lots facing Larkspur Avenue (pre -1948).
As a result of the reorientation, the subject property (southern portion of Lots 7 and 8)
does not have alley access and maintains vehicular access from Larkspur Avenue.
2. Typical R-1 lots surrounding the subject property abut an alley and are only subject to
a 5 -foot rear alley setback. However, the subject lot is atypical due to the reorientation
and abuts a residence to the rear instead of an alley. Including the subject property and
210 Larkspur Avenue, there are a total of 13 similarly reconfigured lots out of 367 lots
in the Re -subdivision. Due to the lot not abutting an alley, it is subject to a 10 -foot rear
setback. The 10 -foot rear setback, in addition to the large 24 -foot front setback,
disproportionately impacts the Applicant's right to develop the property.
3. The subject property is shallower than the typical lots in the surrounding neighborhood.
The lot depth ranges between 79 and 88 feet, whereas the typical lot depth is 118 feet.
The unusual shape and orientation of this lot does not generally apply to other properties
in the vicinity under the same R-1 zoning classification.
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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:
Strict compliance with the Zoning Code deprives the subject property of a buildable area
that is comparable to typical lots with similar lot sizes. With the lot's current setback
configuration, 48 percent of the lot is dedicated to the required setbacks. Surrounding
typical properties have an approximate setback dedication ranging from 26 to 38
percent.
2. Strict compliance with the Zoning Code requirements would deprive the subject property
of constructing a residence with similar floor area ratio (FAR) when compared to
neighboring lots. The required maximum floor area yields an FAR of 0.777, which is
approximately 25 percent less than what is allowed on lots of similar or smaller size and
standard configuration in the surrounding neighborhood and same zone. Surrounding
typical lots have FARs between 0.930 and 1.167.
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:
Without granting the variance to increase the floor area, the Applicant could not
construct a residence on the property similar to and consistent with what the
development regulations permit on other lots in the area. Per Zoning Code and SCP
development standards, the Applicant can only build a 4,234 square -foot residence
(including garage), which results in a FAR of 0.777. This is substantially smaller than
what could be constructed on typical rectangular R-1 lots in Corona del Mar, which have
FARs between 0.930 and 1.167.
2. The Applicant is requesting a maximum floor area of 5,216 square feet, which would
result in a FAR of 0.958 that is consistent with other properties in the vicinity and within
the same zone.
3. The required 10 -foot rear setback, in addition to the large 24 -foot front setback along
Ocean Boulevard, constitutes an impingement on the Applicant's right to develop the
property. The remaining properties on the same block have the same large front
setback, but enjoy a 5 -foot rear yard setback which allows a larger buildable area.
Granting a 5 -foot rear yard setback would bring parity between the subject property and
the surrounding neighborhood.
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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.
Fact in Support of Finding
Approval of the variance request allows the Applicant to develop a 5,216 square -foot
residence (excluding subterranean basement) that is comparable in size, height, and
setbacks with other lots along Ocean Boulevard that are identically zoned.
2. The request to increase the floor area above the maximum allowed by the Zoning Code
creates a FAR of 0.958, which is not a special privilege as it is consistent with the
limitations on other properties in the vicinity. The FAR in the surrounding area is
between 0.930 and 1.167.
3. Due to the reorientation of the subject property, the rear abuts a residence instead of an
alley, which requires a 10 -foot rear setback. The request to encroach 5 feet into the
required 10 -foot rear setback is consistent with other properties in the vicinity, as typical
R-1 lots that surround the subject property abut an alley and are subject to a 5 -foot rear
alley setback.
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_
Granting of the variance will improve the current setback configuration that exists on the
lot. Currently, a 22 -foot -wide portion of the existing garage and second floor living area
encroach 8 feet, 3 inches into the required 10 -foot rear yard setback, resulting in a
setback of 1 -foot 9 -inches. The proposal includes the demolition of the existing dwelling
and the construction of a new dwelling 5 feet from the property line for a width of 37 feet.
Although the width of the encroachment increases, the location of the dwelling 5 feet
from the property line exceeds what would normally be provided if this were treated as
a side yard with a minimum required 4 -foot setback. This setback, in addition to the
existing 5 -foot 10 -inch setback on the abutting residence on 210 Larkspur, would create
a separation of 10 feet, 10 inches between the neighboring structures. The existing
separation is 7 feet, 7 inches.
2. The proposed 5 -foot rear yard setback is more than a typical setback between two
abutting residences. If the proposed rear yard setback was regulated as a side yard
setback, a 4 -foot setback would be required on both properties, creating an 8 -foot
minimum separation between the two structures. The proposed rear yard setback will
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provide the adequate flow of light and air to the adjacent residence.
3. The proposed design is a two-story structure with a subterranean basement, located in
a neighborhood with two- and three-story residences. The design, including proposed
floor area, maintains a bulk and scale that is consistent with other allowable
development on typical lots in the surrounding area constructed.
4. Although the City does not have private view protection policies, the adjacent neighbor
located at 210 Larkspur Avenue currently enjoys a private view across the northwesterly
corner of the subject lot. The design of the proposed dwelling includes a 204 -foot open
space design feature at the northwesterly corner of the proposed dwelling that helps
preserve a significant portion of the neighbor's existing private view and provides a
greater private viewshed than what could have been provided with a setback -compliant
design that did not include the feature.
5. Granting of the variance to allow additional floor area will not be detrimental to the on -
street parking situation in the area. The proposed residence provides a three -car garage
with additional car storage in the basement level.
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 Granting the variance request 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. The proposed variance request provides similar setbacks for the property consistent
with the existing development pattern along Ocean Boulevard.
3. The proposed variance request provides a maximum floor area that is consistent with
neighboring lots of similar size, located within the same zoning designation.
4. The property is not located within a specific plan area.
Coastal Development Permit
In accordance with NBIVIC Subsection 21.52.015(F) (Coastal Development Permits - Findings
and Decision), the following findings and facts in support of such findings as set forth:
A. Conforms to all applicable sections of the certified Local Coastal Program.
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Facts in Support of Finding:
The proposed deviations to the rear setback and floor area limitation allow for a
development that is similar and compatible in design, bulk, and scale of the existing
single-family neighborhood pattern of development and expected future development.
The maximum floor area limitation granted by the variance would allow 5,216 square
feet of floor area, or an FAR of 0.958, consistent with the typical FAR of other properties
in the vicinity ranging between 0.930 and 1.167.
2. With the exception of the variance requests, the proposed development complies with
applicable residential development standards including, but not limited to, front and side
setbacks, height, and parking as follows:
a. The proposed residence complies with the height limitations of the Zoning Code,
which allows a maximum of 24 feet for flat roofs and 29 feet for sloped roofs,
measured from existing grade. A 30 -square -foot elevator shaft With a flat roof
extends to 29 feet which is a permitted height exception granted in LCP Section
21.30.060 (Height Limits and Exceptions).
b. As the proposed residence includes more than 4,000 square feet of livable floor
area, a three -car garage is required. The proposed residence provides a three -
car garage.
c. A minimum of 466 square feet of open volume area is required and the proposed
residence includes 665 square feet of open volume area provided.
3. The property is located in an area known for the potential of seismic activity and
liquefaction and is required to comply with the California Building Code ("CBC") and
City's Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance
of building permits. Permit issuance is also contingent on the inclusion of design
mitigation identified in the investigations. Construction plans are reviewed for
compliance with approved investigations and CBC prior to building permit issuance.
4. The development is set back approximately 300 feet from the nearest beach. Due to the
large distance from coastal waters, a Water Quality Management Plan (WQMP) and a
Construction Pollution Prevention Plan (CPPP) are not required. A post -construction
drainage system will be installed that includes drainage and percolation features designed
to retain dry weather and minor rain run-off on-site to ensure the project does not impact
water quality. Any water not retained on-site is directed to the City's storm drain system.
5. Proposed landscaping complies with NBMC Section 21.30.075 (Landscaping). A
condition of approval is included that requires drought -tolerant, and prohibits invasive,
species. Prior to issuance of building permits, the final landscape plans will be reviewed
to verify invasive species are not planted.
6. The subject property is not between the nearest public road and the sea or shoreline of
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any body of water located within the coastal zone. The Coastal Land Use Plan identifies
Ocean Boulevard as a coastal view road. However, the subject property is located on
an inland lot north of Ocean Boulevard and will not impact public coastal views from
Ocean Boulevard. There is also no impact on public views from Larkspur Avenue, as no
deviation is being requested from the required 4 -foot side yard setback on Larkspur
Avenue. The existing residential lot does not currently provide nor inhibit public coastal
access. The property is more than 200 feet from the nearest public beach and the
proposed development will remain a private residential lot.
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding;
The existing residential lot does not currently provide nor inhibit public coastal access.
The property is more than 200 feet from the nearest public beach and the proposed
development will remain a residential lot. The development will not impact public access
to local coastal resources and is not located between the sea or shoreline and the
nearest public road.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Variance No.
VA2017-002 and Coastal Development Permit No. CD2017-091, subject to the conditions
set forth in Exhibit A, which is attached hereto and incorporated by reference.
2. The Variance action shall become final and effective fourteen (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. The Coastal Development Permit action shall become final and effective fourteen (14)
days following the date this resolution was adopted unless within such time an appeal or
call for review is filed with the City Clerk in accordance with the provisions of Title 21 Local
Coastal Implementation Plan of the Newport Beach Municipal Code. Final action taken by
the City may be appealed to the Coastal Commission in compliance with NBMC Section
21.64.035 and Title 14 California Code of Regulations, Sections 13111 through 13120,
and Section 30603 of the Coastal Act.
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PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF AUGUST 2018.
AYES: Dunlap, Koefting, Kramer, Lowrey and Weigand
NOES: Kleiman and Zak
ABSTAIN:
A NT:
BS(7me]4K
BY:
Peter Zak, Ph an
BY:l , i_,
Bill Dunfap—,SeZO(ary
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EXHIBIT "A"
(Project -specific conditions are in italics)
PLANNING
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 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. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
5. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the City's Building Division and field sets of plans prior to issuance of
the building permits.
6. The dwelling shall encroach a maximum of 5 feet into the rear 10 -foot setback. An
additional 6 -inch allowance shall be permitted for a roof eave.
7. The northwesterly corner of the proposed residence shall maintain a 204 -square -foot
open space feature on each level above grade as shown on the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval No
structures, principal or accessory, shall be constructed within said open space areas.
8. The maximum floor area shall not exceed 5,216 square feet (excluding subterranean
basement).
9. Accessory structures and landscaping in the side setback abutting Larkspur Avenue
shall be in substantial conformance with the approved site plan and shall not exceed
42 -inches from existing grade, in order to maintain the view corridor on Larkspur
Avenue.
10. No trees shall be planted within the side setback area abutting Larkspur Avenue in order
to maintain the view corridor on Larkspur Avenue.
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11. No trees shall be planted within the illustrated private view corridor shown in Figure 4 of
the Staff Report dated August 9, 2018.
12. All trees located within the side setback abutting Larkspur Avenue and the front setback
shall be removed.
13. No trees shall be planted in the planter area near the intersection of Larkspur Avenue
and Ocean Boulevard to enhance the view corridor as viewed from Larkspur Avenue.
14. Prior to the issuance of a building permit, the Applicant shall submit a final 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 City's Planning Division.
15. 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.
16. 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 City's
Planning Division.
17. Prior to issuance of a building permit, the Applicant shall submit to the City's Planning
Division an additional copy of the approved architectural plans for inclusion in the
application file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Variance and Coastal Development Permit application.
18. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain, systems or receiving waters as possible.
19. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stock piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
20. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
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21. Trash and debris shall be disposed in proper trash and recycling receptacles at the end
of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
22. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, wetland or their
buffers.
23. 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.
24. Construction activities shall comply with NBMC Section 10.28.040, 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.
25. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of NBMC Title 20 Planning and Zoning.
26. 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 Hinton and Maloney Variance including, but not limited to, Variance
No. VA2017-002 and Coastal Development Permit No. CD2017-091 (PA2017-208). 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.
Public Works Conditions
27. Parkways on Ocean Boulevard and Larkspur Avenue shall be planted with drought -
tolerant planting or turf.
28. The proposed driveway shall be installed per City Standard STD -162-L. The approach
bottom maximum width shall be 20 feet.
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29. The proposed project shall comply with sight distance standard STD -110-L at the corner
of Ocean Boulevard and Larkspur Avenue.
30. No staging/storage of materials shall be permitted within the public right-of-way.
31. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way may be
required at the discretion of the City's Public Works Inspector.
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