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HomeMy WebLinkAbout20190409_Justification_Letter 30900 Rancho Viejo Road, Suite 285 • San Juan Capistrano, CA 92675 • (949) 581-2888 • Fax (949) 581-3599 April 9, 2019 Mr. Jim Campbell Deputy Community Development Director City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Variance Application, 24 Harbor Island Dear Mr. Campbell: On behalf of SoCal Land Co., LLC, the applicant and owner of the residence under construction at 24 Harbor Island (Project), CAA Planning, Inc. (CAA) submits the enclosed Variance application for a portion of a proposed fence within the easterly side yard of the residence. The fence ranges from 3.5 feet to 6 feet high, which exceeds the 3.5-foot height limit and encroaches into the setback because of an historic, unimproved access easement. In addition to the variance, this application includes a request for a Coastal Development Permit (CDP) as required by the City’s Local Coastal Program (LCP). Background The Residence is located in the Harbor Island subdivision in Newport Bay, more specifically Lots 24 and 25 of Tract 802. The property is held as a single parcel and building site per the covenant and agreement with the City of Newport Beach (City) recorded on January 17, 1977. On September 13, 2017, the California Coastal Commission granted the applicant a CDP for the construction of a new two-story 12,427-square-foot single-family residence, 29 feet high, with a basement and a 3-car garage, and including grading, hardscape and landscaping. The CDP was granted by the Coastal Commission because the project included repair and maintenance to the seawall, which is located within State Tidelands. On November 22, 2017 the City of Newport Beach issued Building Permit X2017-3743 to the applicant for the construction of the aforementioned improvements. The project is now under construction and approaching completion, which is expected to be sometime in the summer of 2020. The CDP for the house reconstruction does not contain any conditions related to the side yard wall, and the proposed project would not conflict with any conditions contained in the CDP. Variance Project Description The applicant proposes to construct a screen wall that is approximately 141 feet long on the side yard of the residence. The screen wall was originally permitted at 3.5 feet high. The applicant now proposes that the initial portion of the wall in the front yard be 3.5 high. Starting 10 feet from the PA2019-059 CAA PLANNING Mr. Jim Campbell April 9, 2019 Page 2 of 5 street, the wall would be 6 feet high with a side yard gate. The 6-foot wall would follow the side of the residence and would be approximately 114 feet long. The remaining 22-foot-long area of the wall in the rear yard will remain 3.5 feet per the approved plan. Exhibit 1 depicts the portions of the wall that would be 3.5 feet and 6 feet. Exhibit 2 depicts the location of the property line and the 11.5-foot setback relative to the side yard wall. The Zoning Code allows walls and fences up to 6 feet high within the side yards of residences located within the R-1 District (Table 21.30-1, Section 21.30.040). Within the City’s R1 Zoning, the typical setback is 4 feet for the side yard. However, in certain areas of the City, setback maps have been adopted that identify different setback dimensions, and the applicant’s property is subject to such a map. Setback Map S-8 was created for Harbor Island for this purpose and identifies a 19-foot setback for the side yard property lines between Lots 7 and 8 and an 11.5-foot setback between Lots 24 and 26. This was done to accommodate a contemplated private roadway and bridge between Lots 7 and 8, and a walkway easement centered over the property lines of Lots 24 and 26. However, the City has advised CAA that, when the current Zoning Code was updated in 2010, the side yard setback between Lots 24 and 26 was inadvertently labeled as being 19 feet, when it should have been 11.5 feet. The prior setback map depicting the 11.5-foot setback is attached. The setback was created nearly 100 years ago in the 1920s to allow for a private walkway easement. A private walkway was never improved, and the Harbor Island Community Association has previously indicated that they have no intention of improving the private walkway easement. There is no public access in this location, nor is the location identified within the City’s LCP for new or expanded public access. It is unfortunate that the City’s setback map was not amended during the City’s Zoning Code Update several years ago to reflect the obsolete easement and the intent of the Community Association. Side yard setbacks identified on a setback map must be considered as front setbacks for the purpose of regulating accessory structures, and the maximum wall height within a front setback is 3.5 feet. The applicant proposes to construct an approximately 141-foot-long screen wall 3.5 feet to 6 feet high into the 11.5-foot setback. Approximately 124 feet of the wall will be 6 feet high will encroach from 2.5 feet to 11.5 feet into the 11.5-foot setback as shown on Exhibit 2. Therefore, a Variance will be required for the approval of the encroachment of a 6-foot wall. Deviations are allowed through the Zoning Code with the processing of a Variance (Section 20.52.090). The City’s Zoning Code states: A variance provides a process for City consideration of requests to waive or modify certain standards of this Zoning Code when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district. (Section 20.52.090) PA2019-059 Mr. Jim Campbell April 9, 2019 Page 3 of 5 Justification • The 6-foot wall will provide privacy for the applicant’s side yard from the neighboring residence at 26 Harbor Island. The existing residence at 26 Harbor Island has a 5-foot encroachment of the first floor, a 7-foot encroachment of the second floor, and a 1.5-foot roof overhang beyond the second-floor building wall into the required 11.5-foot side yard setback, as shown on Photo 1. • The 6-foot wall will reduce ambient noise within the applicant’s side yard at street level from the neighboring residence at 26 Harbor Island. • The 6-foot wall will provide reciprocal privacy and noise benefits to the neighboring residence at 26 Harbor Island. • The 6-foot wall will provide the applicant with privacy and noise benefits from motorists using the setback area for turn around purposes. A 44-foot stretch of the setback will remain open so that motorists can continue to use this area for turn around purposes. Turn around locations are of primary concern to the residents as evidenced by the public comments the Planning Commission received at the public hearing for the variance for 7 Harbor Island (VA2014-004) where the access has been blocked, as shown on Photo 2. • The 6-foot wall will allow the applicant to more fully enjoy the use of his property, because the setback area was never improved with a private walkway and the Community Association has no intention of improving the walkway. The setback is no longer necessary as evidenced by the existing encroachments for 26 Harbor Island and as supported in a letter from the Harbor Island Community Association in relation to the variance for 7 Harbor Island (VA2014-004). In that proceeding, the Community Association declared that the larger easement between Lots 24 and 26 (11.5 feet) as well Lots 7 and 8 (19 feet), was planned to allow for a bridge and pedestrian pier, an idea that has been declared largely obsolete. Because the easement is no longer necessary, the applicant should be afforded the ability to construct a 6-foot wall as was approved for his westerly side yard. It should be noted that the residences at 7 and 8 Harbor Island both physically encroach into the setback, and also have privacy gates with landscaping across the easement as evidenced by Photo 3. • The City issued a variance for Lot 7 to allow for the house to encroach up to 12.9 feet into the 19-foot setback. For 24 Harbor Island, the only issue in question is whether the side yard wall can be 6 feet high compared to the 3.5 feet allowed. Where a 3.5-foot wall is allowed per a typical front yard, a 6-foot fence should be allowed to provide the same level of security allowed on the westerly portion of the site, and by the surrounding lots. • Of the 30 residences on Harbor Island, the four lots mentioned above are the only lots with dual front yard setbacks. The applicant of Lot 24 as well as the owners of Lots 7, 8, and 26 are the only residents on Harbor Island who do not enjoy the full use of their property. Where the other three residences encroach into the setback, the applicant is only requesting PA2019-059 Mr. Jim Campbell April 9, 2019 Page 4 of 5 encroachment of the 6-foot side yard wall along the vehicle turn around and side yard, compared to a 3.5-foot side wall. Coastal Development Permit City of Newport Beach Local Coastal Program The City’s Local Coastal Program/Coastal Land Use Plan (LUP) and Implementation Plan (IP) provide the basis for determining Coastal Act consistency with public access and public recreation policies. As stated in Section 21.16.020 of the IP, “No new development (i.e., use of land, demolition, alteration, construction, expansion, reconstruction or replacement of structures) shall be allowed unless the development complies with this Implementation Plan and the requirements of this chapter.” The existing residential structure is consistent with the land use designations in the City’s General Plan, Zoning Code and LUP, and the construction of accessory structures is a permitted activity, consistent with development of a single-family residence. Public Access (Chapter 21.30A) – The existing residence is located within the R-1 (Single-Unit Residential) Coastal Zoning District, surrounded with residential development. There is no direct public access to the waterfront via the subject property or the immediately adjac ent private residential lots. The increased wall height does not alter, impede or eliminate public access, because none exists on the project site. Recreation (Chapter 21.30A) – The project site is located in a residential area where no public access to the waterfront is available from the subject property or the immediately adjacent private residences. The increased wall height does not alter, impede or eliminate public access to the recreation opportunities at the marina. Scenic and Visual Quality (Section 21.30.100) – No scenic or visual impacts are associated with the increased wall height. As evidenced by in Photos 4 through 6 included herein, many of the residences in Harbor Island enjoy the privacy afforded by screen walls. Also, the wall is well below the residence roofline, and views from adjacent residences are not impacted as the residence is the dominant feature when looking towards the bay. Cultural Resources Protection (Section 21.30.105) – The increased wall height would not destroy or disturb cultural resources. Habitat Protection (Chapter 21.30B) – The site was previously graded and developed within an existing residential area. No environmentally sensitive habitat area (ESHA), wetlands or coastal dunes would be impacted by the increased wall height. Water Quality (Chapter 21.35) – The IP requirement for the preparation of a Water Quality and Hydrology Plan/Water Quality Management Plan is not applicable. All construction best practices will be adhered to during construction of the wall. PA2019-059 Mr. Jim Campbell April 9, 2019 Page 5 of 5 LCP Consistency Conclusion – The increased wall height will not in result in impacts related to Coastal Act policies or City LCP regulated policies in the areas of public access, recreation, visual quality, cultural resources, habitat protection, or water quality protection. The project is consistent with the Coastal Act and the City’s LCP development standards. Required Actions We believe that the Planning Commission can make the findings to approve the following: 1. Approve the Coastal Development Permit for the Variance for the setback encroachment. Findings in support of the variance are attached. If you have questions or concerns, please do not hesitate to contact me or Paul Shaver at (949) 581-2888. Sincerely, CAA PLANNING, INC. Shawna L. Schaffner Chief Executive Officer Attachments: Exhibits 1 and 2 Photos 1-6 Findings of Fact cc: Mr. Blake Quinn PA2019-059 Photo 1 PA2019-059 Photo 2 PA2019-059 Photo 3 PA2019-059 '--@®§~~§~@~® ~~:~~ ~[tu@~@~ - Photo 4 PA2019-059 Photo 5 PA2019-059 Photo 6 PA2019-059