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HomeMy WebLinkAbout3.0_Morfontaine Holdings, LLC Residence_PA2022-123 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT November 3, 2022 Agenda Item No. 3 SUBJECT: Morfontaine Holdings, LLC Residence (PA2022-123) ▪ Coastal Development Permit ▪ Variance SITE LOCATION: 18 Harbor Island APPLICANT: Winkle Custom Homes OWNER: Morfontaine Holdings, LLC PLANNER: Chelsea Crager, Senior Planner 949-644-3227 or ccrager@newportbeachca.gov PROJECT SUMMARY The applicant requests a coastal development permit and variance to allow the construction of an approximately 450-square-foot detached patio cover to encroach 24 feet and 3 inches into the approximately 25-foot-wide front setback area on the north side of the property facing Newport Harbor. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment and the exceptions to the Class 3 Exemption do not apply; and 3) Adopt Resolution No. PC2022-029 approving the described Coastal Development Permit and Variance (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Morfontaine Holdings, LLC Residence (PA2022-123) Planning Commission, November 3, 2022 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Single-Unit Residential Detached (RS-D) Single-Unit Residential (R-1) Single-Unit Residential NORTH N/A N/A Newport Harbor SOUTH RS-D R-1 Single-Unit Residential EAST RS-D R-1 Single-Unit Residential WEST N/A N/A Newport Harbor Subject Property 3 INTENTIONALLY BLANK PAGE4 Morfontaine Holdings, LLC Residence (PA2022-123) Planning Commission, November 3, 2022 Page 3 INTRODUCTION Project Setting The site is located at the west end of Harbor Island, a private island located in Newport Harbor and accessible only through a guarded gate and private bridge. Harbor Island is located south of Linda Isle, west of Balboa Island, and north of Bay Island. Area beyond the property lines on Harbor Island is designated as tidelands. This area may be used exclusively by the adjacent private property owner, subject to a lease agreement with either the City of Newport Beach or County of Orange. The tidelands beyond the property line at 18 Harbor Island are managed by the County. These tidelands areas are regulated similarly to a front setback area. The project site consists of a single 14,200-square-foot legal lot that is currently developed with a 2-story, 13,314-square-foot single-family residence. The existing residence was built pursuant to Modification No. MD3044 and Coastal Development Permit No. 5-85-651, approved by the California Coastal Commission in 1985. MD3044 allowed a 15-foot encroachment into the 15-foot waterside setback on the west side of the property. Harbor Island consists of 30 single-unit residential lots. Across Newport Harbor, in all directions, are properties developed with single-family residences. Project Description The request is for a coastal development permit to construct an approximately 450- square-foot, 17-foot-6-inch tall detached patio cover on the north side of the property within a waterside setback area. A variance is also required because the patio cover is proposed within a setback area regulated as a front setback area. As designed, it would encroach approximately 24 feet 3 inches into the approximately 25-foot setback area and is located entirely on private property. Figure 1, below, shows elevations of the proposed patio cover. See Attachment No. PC 4 for project plans. Figure 1: Proposed Patio Cover Elevations 5 Morfontaine Holdings, LLC Residence (PA2022-123) Planning Commission, November 3, 2022 Page 4 DISCUSSION Analysis General Plan/Local Coastal Program Land Use Categories The Land Use Element of the General Plan categorizes the site as Single-Unit Residential Detached (RS-D) and the Coastal Land Use Plan categorizes the site as Single-Unit Residential Detached (0.0-5.9 DU/AC) (RSD-A). These categories are intended to provide areas appropriate for the development of properties for single-family residential units. The proposed development is consistent, as it is accessory to an existing single- family detached residence. Title 20 Planning and Zoning The project site is located within the Single-Unit (R-1) Zoning District. The lot is 14,200 square feet and generally flat. The site is subject to three front setbacks: two waterside and one facing the interior private street. The west waterside setback requirement is 15 feet and the north waterside front setback requirement is zero feet, both measured from original lot line. Area beyond the original lot line, including tidelands beyond the current private property line, are regulated as front setback area. Further, the site is subject to a 15-foot front setback along the interior private street, and a four-foot side setback along the interior side of the property. Figure 2, on the following page, shows the property and setbacks, including the areas designated as tidelands and the available buildable area. Figure 2: Setbacks for 18 Harbor Island. 6 Morfontaine Holdings, LLC Residence (PA2022-123) Planning Commission, November 3, 2022 Page 5 Title 20 Variance A variance is a request to waive or modify certain standards 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. Pursuant to NBMC Section 20.52.090(F) (Variances – Findings and Decision), the Planning Commission must make the following findings to approve a variance: 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; B. Strict compliance with the Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zoning classification; C. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; 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; 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; and 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. The applicant proposes a detached patio cover structure within the northerly waterside front setback area to enhance use of the outdoor space of the property. The patio cover is proposed to provide shade on the north-facing side of the existing residence. Properties on Harbor Island are unique from other R-1 properties because beyond the private property lines around the island is area designated as tidelands, which are regulated similarly to a front setback area. Further, 18 Harbor Island is subject to two waterside setbacks, which are generally larger than other front, side, or rear setbacks. As a result, the subject property has less buildable area (area of the lot not subject to setbacks) than other properties on Harbor Island. Specifically, approximately 71 percent of land area at the property is designated as setback area or tidelands area, leaving approximately 29 percent of the land area available as buildable area. A 29-percent buildable area is excessively restrictive when compared with other lots on Harbor Island that have on average approximately 46 percent of land area (including tidelands) as buildable area. This is illustrated in Attachment No. PC 3. 7 Morfontaine Holdings, LLC Residence (PA2022-123) Planning Commission, November 3, 2022 Page 6 Allowing the patio cover structure within the north waterside front setback area does not change the buildable area of the lot, nor will it substantially increase the allowable footprint of the property compared to other Harbor Island lots. Further, the proposed encroachment into the required setback does not create a visual detriment when viewed from Newport Harbor or from neighboring properties. There is an approximately 30-foot tidelands area between the property line and Newport Harbor, which reduces the visual impact of the encroachment. The subject property is designated for single-unit residential uses and the granting of the variance does not increase the density beyond what is planned for the area, and will not result in increased traffic, parking, or demand for other services. The proposed variance request is for placement of an accessory structure only, providing a covered area over an outdoor kitchen. The proposed patio cover is open, does not constitute an increase in floor area, and approval would not result in any increase to the allowable floor area. Title 21 Local Coastal Program Implementation Plan The property is located within the Coastal Zone. A coastal development permit is not typically required for ancillary structures normally associated with single-unit residences, including a patio cover. In this case, the applicant requests to deviate from the setback standards of NBMC Title 21, which mirror the setback requirements of Title 20. The applicant therefore seeks the approval of a variance and coastal development permit pursuant to NBMC Section 21.52.090 (Relief from Implementation Plan Development Standards). This section sets forth the required additional findings and considerations for approving a variance within the Coastal Zone. While many of the findings overlap with those in Title 20 (Planning and Zoning), there are distinct considerations primarily for the protection of coastal resources, public access, and public views. NBMC Section 21.52.090 specifically requires that the Planning Commission consider the following: a) Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and b) Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. The property is subject to two waterside setbacks due to the unique location of the lot, which results in less buildable area than other lots on Harbor Island. There are two lots on Harbor Island subject to more than one waterside setback, including the subject property. Both properties have been previously granted a deviation (variance or modification permit) from front setback development standards. Further, as shown in Attachment No. PC 4, 17 of the 30 properties on Bay Island have been granted deviations 8 Morfontaine Holdings, LLC Residence (PA2022-123) Planning Commission, November 3, 2022 Page 7 (variances or modifications) from development standards. The proposed covered patio area provides a useable single-story outdoor space for the existing residential development. The design is open and does not add floor area or significant bulk. While the project is requesting a variance from the front setback requirements to allow a patio cover, the balance of the residential development on the property complies with all applicable development standards as approved by Modification No. MD3044 and Coastal Development Permit No. 5-85-651. The proposed structure is not visible from the interior of the private island, is located entirely on private property, and is set back approximately 30 feet from the water of Newport Harbor. Further, the proposed patio cover is located near the northeast corner of the existing structure, such that it is sited away from the more visible waterfront areas at the northwestern end of the property. The project site is not located adjacent to a coastal view road, public access way, or coastal viewpoint as identified in the Coastal Land Use Plan. The development is therefore protective of the tidelands and other coastal resources. Staff believes the findings for approval can be made and all findings and considerations are included in the attached draft resolution (Attachment No. PC 1). Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Class 3 exempts the construction of limited numbers of new, small structures, including structures accessory to a single-family residence. The Project is a new accessory structure to an existing single-family residence located within the Single-Unit Residential (R-1) Zoning District and Single-Unit Residential (R-1) Coastal Zone District The exceptions to this categorical exemption pursuant to Section 15300.2 are not applicable. The project site does contain any biological resources as it has been previously developed. There are no known environmental issues of a hazardous or critical nature. Development of the project will not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway (as it is not visible from one), is not a hazardous waste site, and is not identified as a historical resource. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the 9 Morfontaine Holdings, LLC Residence (PA2022-123) Planning Commission, November 3, 2022 Page 8 Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Applicant’s Project Description and Justification PC 3 Harbor Island Buildable Area PC 4 Harbor Island Modifications and Variances PC 5 Project plans :\Users\ccrager\Downloads\Staff_Report_Master_Template (2).docx01/12/18 10 Attachment No. PC 1 Draft Resolution with Findings and Conditions 11 INTENTIONALLY BLANK PAGE12 RESOLUTION NO. PC2022-029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A COASTAL DEVELOPMENT PERMIT AND TO ALLOW THE CONSTRUCTION OF A NEW DETACHED PATIO COVER LOCATED AT 18 HARBOR ISLAND (PA2022-123) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jake Winkle of Winkle Custom Homes (“Applicant”), with respect to property located at 18 Harbor Island, and legally described as Parcel 1 as shown on Parcel Map No. 83-711 (“Property”), requesting approval of a variance and coastal development permit. 2. The Applicant seeks a coastal development permit and variance to allow the construction of an approximately 450 square foot detached patio cover to encroach 24 feet and 3 inches into the front setback area on the north side of the property facing Newport Harbor (“Project”). 3. The Property 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 Property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached (RSD-A) and is located within the Single-Unit Residential (R-1) Coastal Zone District. 5. A public hearing was held on November 3, 2022 in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of 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. 1. This Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, 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 Project is a new accessory structure to an existing single-family residence located within the Single-Unit Residential (R-1) Zoning District and Single-Unit Residential (R-1) Coastal Zone District. 13 Planning Commission Resolution No. PC2022-029 Page 2 of 14 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Variance In accordance with Subsection 20.52.090(F) (Variances – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. There are special or unique circumstances or conditions applicable to the Property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: 1. The Property is located on Harbor Island, a private island in the Newport Harbor not accessible to the public. Properties on Harbor Island are unique from other R-1 properties because beyond the private property lines around the island is area designated as County tidelands. 2. Most lots on Harbor Island are subject to one waterside front setback and one streetside front setback. The Property is one of two corner lots on Harbor Island and is therefore unique due it being subject to two waterfront and one street side front setback areas. Development within these front setback areas are generally restricted to accessory structures measuring up to 42-inches in height. 3. The Property is located at the eastern end of the island. The waterside front setbacks measure approximately 25 feet 6 inches from the north property line (approximately 55 feet from bulkhead) and approximately 30 feet from the west property line (approximately 60 feet from bulkhead). 4. Approximately 71 percent of land area at the Property is designated as setback area or tidelands area. This leaves approximately 29 percent of the land area available as buildable area where the Project may be constructed. A 29 percent buildable area is excessively restrictive when compared with other lots on Harbor Island that have on average approximately 46 percent of land area (including tidelands) as buildable area. Finding: 14 Planning Commission Resolution No. PC2022-029 Page 3 of 14 B. Strict compliance with Title 20 (Planning and Zoning) of the NBMC requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. Facts in Support of Finding: 1. The Property is one of 30 single-unit residences located on Harbor Island, but only two lots (including the Property) are subject to two waterside front setback areas. As a result, approximately 71 percent of the land area (including tidelands) of the Property is designated as either setback area or tidelands area. 2. Strict compliance with the required setbacks leaves approximately 29 percent of the land area as buildable area and would deprive the owners of the ability to reasonably utilize a greater portion of the Property for the construction of a patio cover when compared to other lots on the island. The majority of properties on Harbor Island are subject to a single waterside setback and as a result enjoy the privilege of utilizing a larger portion of their property (46 percent of the land area, including tidelands). Finding: C. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the Applicant. Facts in Support of Finding: 1. Without granting the variance to allow encroachment into the front setback area, the Applicant could not construct a covered patio area separate from the main structure. Due to the two waterside setback areas, the buildable area of the Property is disproportionally limited when compared to the typical property on Harbor Island that is subject to only one waterside setback and enjoys more buildable area and flexibility in placement of structures. 2. The design and location of the Project achieves reasonable development of the Property within the restraints and limits of development on the lot. Granting of the variance preserves the Applicant’s right to construct an accessory structure which is comparable to other development in the neighborhood while preserving distance from Newport Harbor. 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. 15 Planning Commission Resolution No. PC2022-029 Page 4 of 14 Fact in Support of Finding: 1. Title 20 (Planning and Zoning) of the NBMC permits the approval of variances to resolve practical physical hardships resulting from the unique locational restraints that exist on this lot and surrounding area. 2. There are the five other residences on the Harbor Island that are subject to three front setbacks (waterside and streets), which all have been granted deviations to encroach into a front setback due to buildable constraints. The existing structure on the Property also encroaches into the front setback on the west side of the Property pursuant to Modification No. MD3044, granted by the Modifications Committee in 1985. 3. Allowing the approximately 450 square foot accessory structure within the north waterside front setback area will not change the buildable area of the lot, nor will it substantially increase the allowable footprint of the Property compared to other Harbor Island lots. The average buildable area of the 30 lots on Harbor Island is 46 percent of land area (including tidelands), and the buildable area of the Property will remain substantially below this average. Finding: E. Granting of the variance will not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. Facts in Support of Finding: 1. The encroachment into the required front setback does not create a visual detriment when viewed from Newport Harbor or from neighboring properties. There is an approximately 30-foot County tidelands area between the Property line and Newport Harbor, which reduces the visual impact of the encroachment. Developments on neighboring properties have been similarly approved to encroach to the front property line and have not proven to be detrimental to the neighborhood. 2. The approximately 450 square foot patio cover structure within the front setback on the north side of the Property will not appear out of character from the neighborhood and will not be visible to passersby allowed on the private island. Further, the structure will not be a noticeable deviation to passersby viewing the Property from Newport Harbor is distant viewing areas. All six of the properties on Harbor Island that are subject to three front setbacks, including the Property, have been granted a deviation (variance or modification permit) from front setback development standards due to buildable area constraints. Finding: F. Granting of the variance will not be in conflict with the intent and purpose of this section, 16 Planning Commission Resolution No. PC2022-029 Page 5 of 14 Title 20 (Planning and Zoning) of the NBMC, 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 variance request is for placement of an accessory structure only, providing a covered area over an outdoor kitchen. The patio cover is open and does not constitute an increase in floor area. 3. The Property is not located within a specific plan area; therefore, no additional findings of conformity with a specific plan are required.
 Coastal Development Permit In accordance with Subsection 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NBMC, the following findings and facts in support of such findings as set forth: Finding: G. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Project is accessory to a single-family residential development that complies with applicable residential development standards and was granted a modification in 1985 to allow the development to encroach into the front setback on the western side of the property. 2. The deviation to the north waterside front setback for the accessory structure only allows 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 on Harbor Island. 3. The Project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. The existing residential lot does not currently provide nor inhibit coastal access. The Property is located on a private island which does not provide coastal access, which will remain unchanged with the construction of the accessory structure. 4. The Project is not located adjacent to a coastal view road, public access way, or coastal viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is located at the end of Harbor Island Drive and is not visible from the site. The Project does not contain any unique features that could degrade the visual quality of the coastal 17 Planning Commission Resolution No. PC2022-029 Page 6 of 14 zone. The Project is visible from the harbor; however, the Project is designed to be consistent in architectural style with the existing residential development. Further, the Project will be constructed entirely within private property and does not encroach onto the tidelands area. 5. The Project is accessory to a single-family residence, which was approved by Coastal Development Permit No. 5-85-651, approved by the California Coastal Commission on November 21, 1985. The Property fronts the Newport Bay and is a private waterfront parcel protected by an existing seawall. The Project includes the construction of an approximately 450 square foot patio cover accessory structure open on three sides. The Project does not include changes to the primary residence that would require the preparation of a coastal hazards report and sea level rise analysis. 6. The deviations comply with Subsection 21.52.090(2) (Relief from Implementation Plan Development Standards, Variances) of the NBMC, which allows for waiver or modification of certain standards of the Implementation Plan because of special circumstances including irregular lot location. Due to the unique location of the Property, the Property is subject to two waterside setbacks and less buildable area than the majority of lots on Harbor Island. Finding: H. 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: 1. The Property is located on Harbor Island between the nearest public road and the sea. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement and the Project’s impact and be proportional to the impact. In this case, the Project includes the construction of an approximately 450 square foot patio cover within the front setback area on the north side of the property fronting Newport Harbor. The Project does not involve a change in land use, density or intensity that will result in an increased demand on public access and recreation opportunities. Furthermore, the Project will not block or impede existing public access opportunities. Relief from Implementation Plan Development Standards In accordance with Section 21.52.090 (Relief from Implementation Plan Development Standard) of the NBMC, the Planning Commission may approve a waiver to a development standard of the Implementation Plan only after making all of the following findings: Finding: I. The Planning Commission has considered the following: 18 Planning Commission Resolution No. PC2022-029 Page 7 of 14 i. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and ii. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. Facts in Support of Finding: 1. Granting of a variance will allow the construction of an approximately 450 square foot patio cover within a front setback area on the north side of the property, facing Newport Harbor. The Property is subject to two waterside setbacks due to the unique location of the lot, which results in less buildable area than other lots on Harbor Island. There are two lots on Harbor Island subject to more than one waterside setback, including the Property. Both of these properties have been granted a deviation (variance or modification permit) from front setback development standards. 2. The covered patio area provides useable outdoor space for the existing residential development. The design is open and does not add floor area or significant bulk to the existing development. The Project is not visible from the interior of the private island and is set back approximately 30 feet from the water of Newport Harbor. 3. While the Project is requesting a variance from the front setback to allow a patio cover within the front setback area, the residential development on the Property complies with all applicable development standards as approved by Modification No. MD3044 and Coastal Development Permit No. 5-85-651. 4. The Project is an approximately 450 square foot covered patio structure located entirely on private property and separated from the existing bulkhead by approximately 30 feet. The Project does not extend into the area designated as tidelands. The Project is therefore protective of the tidelands and other coastal resources. 5. Facts in Support of Findings G and H for the Coastal Development Permit above are hereby incorporated by reference. Finding: J. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/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 coastal zoning district. 19 Planning Commission Resolution No. PC2022-029 Page 8 of 14 Facts in Support of Finding: Facts in Support of Finding A for the variance above are hereby incorporated by reference. Finding: K. The variance complies with the findings required to approve a coastal development permit in Section 21.52.015(F) (Coastal Development Permits) of the NBMC. Fact in Support of Finding: Facts in Support of Findings G and H above are hereby incorporated by reference. Finding: L. The variance will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs. Fact in Support of Finding: 1. The Property is located on Harbor Island between the nearest public road and the sea. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement and the Project’s impact and be proportional to the impact. In this case, the Project includes the construction of an approximately 450 square foot patio cover within the front setback area on the north side of the property fronting Newport Harbor. The Project does not involve a change in land use, density or intensity that will result in an increased demand on public access and recreation opportunities. Furthermore, the Project will not block or impede existing public access opportunities. Finding: M. The variance will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas. Facts in Support of Finding: 1. The Project is not located adjacent to a coastal view road, public access way, or coastal viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is located at the end of Harbor Island Drive and is not visible from the site. The Project does not contain any unique features that could degrade the visual quality of the coastal zone. The Project is visible from the harbor; however, the Project is designed to be consistent in architectural style with the existing residential development. Further, the Project is to be constructed entirely within private property and does not encroach onto the County tidelands area. 20 Planning Commission Resolution No. PC2022-029 Page 9 of 14 Finding: N. The variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation or wildlife species. Fact in Support of Finding: The Property is located adjacent to the harbor and County tidelands. The Project is accessory to an existing single-family residential development located entirely on private property and does not extend into the County tidelands area. Further, the Project is set back approximately 30 feet from the harbor. The Project is therefore protective of the tideland and other coastal resources. Finding: O. The granting of the variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the Local Coastal Program. Fact in Support of Finding: 1. Facts in Support of Finding G for the Coastal Development Permit above are hereby incorporated by reference. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act pursuant to Section 15305 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby approves Coastal Development Permit No. CD2022-035 and Variance No. VA2022-004, subject to the conditions set forth in Exhibit “A”, which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning) of the NBMC. 4. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 (Local Coastal Program Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the 21 Planning Commission Resolution No. PC2022-029 Page 10 of 14 Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the NBMC and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the California Public Resources Code. PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF NOVEMBER, 2022. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Lauren Kleiman, Chair BY:_________________________ Mark Rosene, Secretary 22 Planning Commission Resolution No. PC2022-029 Page 11 of 14 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. Variance No. VA2022-004 and Coastal Development Permit No. CD2022-035 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 5. This Variance and Coastal Development Permit may be modified or revoked by the Planning Commission should they determine that the uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the Property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Variance and Coastal Development Permit or the processing of a new Variance and Coastal Development Permit. 7. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8. Prior to the issuance of a building permit, the Applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 9. Prior to the issuance of a building permit, the property owner shall submit a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against 23 Planning Commission Resolution No. PC2022-029 Page 12 of 14 the City from such hazards, and to indemnify and hold harmless City, its City Council, its boards and commission, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgements, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of the development. 10. Prior to the issuance of a building permit, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may affect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 11. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter the sensitive habitat, receiving waters, or a storm drains or results in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 12. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 13. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA: a. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. b. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey of nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one (1) or two (2) short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 14. 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 24 Planning Commission Resolution No. PC2022-029 Page 13 of 14 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. 15. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout construction activity as designated in the Construction Erosion Control Plan. 16. 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. 17. Debris from demolition shall be removed from work areas each day and removed from the Project within 24 hours of the completion of the Project. Stockpiles 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. 18. Trash and debris shall be disposed of in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 19. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 20. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 21. All noise generated by the Project use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 25 Planning Commission Resolution No. PC2022-029 Page 14 of 14 22. 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 Title 20 (Planning and Zoning) of the NBMC. 23. 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 Morfontaine Holdings, LLC Residence including, but not limited to, Variance Coastal Development (PA2022-123). 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. 26 Attachment No. PC 2 Applicant’s Project Description and Justification 27 INTENTIONALLY BLANK PAGE28 W I N K L E C U S T O M H O M E S 3857 Birch St #460, Newport Beach CA 92660 | 949.873.3125 | WWW.WINKLECUSTOMHOMES.COM | CA LIC #B992007 Planning Permit Application Attachment 3) Project Description and Justification: Due to a quirk in the way setbacks are measured on Harbor Island, this application seeks a variance to allow for a “setback encroachment” to construct a new covered patio, that is open on three sides, at a single-family residence located at 18 Harbor Island Drive.1 Harbor Island measures setbacks from the original lot lines (shown in purple on the depiction below) and not from the actual property line (shown in red on the depiction below). The proposed covered patio would be located entirely upon 18 Harbor Island Drive’s property (i.e., within the red property line area); however, these improvements will be located outside of the lot line area (i.e., past the purple lot line). The granting of this variance will allow the property owner to enjoy the same privileges granted to other property owners in the City of Newport Beach (e.g., the ability to construct improvements within their property lines), and due to the proposed location of the improvements this variance will not impact neighboring properties. Harbor Island Lot Line and Property Lines Harbor Island Setback Map (S-8) The property is designated RS-D (Single Unit Detached) by the General Plan Land Use Element and is located within the R-1 (Single Unit Residential) Zoning District. The property is located within the coastal zone and requires a coastal development permit; therefore, the findings for a variance must be met both under Newport Beach Municipal Code Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan). 1 Newport Beach Municipal Code Section 21.70.020(F) excludes covered patios that are open on at least two sides from floor area. 29 W I N K L E C U S T O M H O M E S 3857 Birch St #460, Newport Beach CA 92660 | 949.873.3125 | WWW.WINKLECUSTOMHOMES.COM | CA LIC #B992007 Variance Findings--Newport Beach Municipal Code Section 20.52.090(F): The review authority may approve or conditionally approve a variance only after first making all of the following findings: 1. 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; The property is located on Harbor Island, a private island in Newport Harbor. The property has an unusual trapezium type shape and due to a quirk in the setback maps for Harbor Island, setbacks are measured from the lot lines, rather than the property lines. Both the shape and lot line measurement differ from other homes within the R-1 Zoning District. 2. 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; Strict compliance with the Zoning Code (NBMC Title 20) deprives the property of the ability to construct the covered patio within the boundaries of private property. Without the approval of a variance, the property owner would be deprived of the right to use his property in a way that is enjoyed by other properties in the R-1 Zoning District. 3. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; Without the granting of a variance, the property owner could not construct improvements on his property that fall beyond the lot line, which coincides with the foot print of the existing single-family residence. 4. 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; Approval of the variance request allows the property owner to construct a covered patio beyond the lot line, and within his property line. This is not a granting of a special privilege as the majority of lots in the R-1 Zone have their setbacks measured from their property lines, and not the lot lines. 5. 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; and The covered patio will not appear out of character with the neighborhood and will not be a noticeable deviation to passerbys allowed on the private island. The covered patio has been designed to continue the architecture and design features of the existing single-family residence. Additionally, the home’s corner lot location and the placement of the covered patio behind the existing home ensures that the improvements do not block any existing views. 30 W I N K L E C U S T O M H O M E S 3857 Birch St #460, Newport Beach CA 92660 | 949.873.3125 | WWW.WINKLECUSTOMHOMES.COM | CA LIC #B992007 6. 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. Granting of this variance would not increase the density beyond what is planned for the area, and will not increase traffic, demand on public parking, or demand for other services. The placement of a covered patio within the property lines is consistent with rights enjoyed by other homes in the R-1 Zoning District. The property is not located within a specific plan area, therefore, no additional findings of conformity with a specific plan are required. Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: 1. Conforms to all applicable sections of the certified Local Coastal Program (LCP); and The project is accessory to a single-family residential development that complies with applicable residential development standards, including, but not limited to, floor area ratios, height, open space, and parking. The proposed deviation to setback to allow for improvements beyond the lot line is similar and compatible in design, bulk and scale of the existing neighborhood pattern of development and expected future development. The project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. The existing residential lot does not currently provide nor inhibit coastal access. The property is located on a private island which does not provide coastal access, which will remain unchanged with the placement of a covered patio. The project site is not located adjacent to a coastal view road, public access way, or coastal viewpoint as identified in the Coastal Land Use plan. The nearest coastal viewpoint is located at the end of Harbor Island Drive and is not visible from the site. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. 2. 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. The property is located on Harbor Island between the nearest public road and the sea. NBMC Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project's impact and be proportional to the impact. In this case, the project seeks to place a covered patio on private property at an existing single-family residence. Therefore, the project does not involve a change in land use, density or intensity that will result in an increased demand on public access and recreation opportunities. Furthermore, the project will not block or impede existing public access opportunities. Vertical access to Newport Harbor is available at the Balboa Basin, approximately 2,000 feet east of the property. Vertical and lateral access to the beach and harbor is also available at street ends throughout Balboa Island, approximately 1,300 feet southeast of the property. The project does not include any features that would obstruct access along these routes. 31 W I N K L E C U S T O M H O M E S 3857 Birch St #460, Newport Beach CA 92660 | 949.873.3125 | WWW.WINKLECUSTOMHOMES.COM | CA LIC #B992007 Variance Findings--Newport Beach Municipal Code Section 21.52.090(D): The review authority may approve or conditionally approve a modification or waiver to a development standard of this Implementation Plan only after first making all of the following findings: 1. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Implementation Plan results in physical hardships; or This variance is necessary due to practical difficulties associated with the property and the strict application of the Implementation Plan results in physical hardships. The property is located on Harbor Island, a private island in Newport Harbor. The property has an unusual trapezium type shape and due to a quirk in the setback maps for Harbor Island, setbacks are measured from the lot lines, rather than the property lines. Both the shape and lot line measurement differ from other homes within the R-1 Zoning District. 2. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/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 coastal zoning district; and The granting of the variance is necessary due to special circumstances applicable to the property. The property is located on Harbor Island, a private island in Newport Harbor. The property has an unusual trapezium type shape and due to a quirk in the setback maps for Harbor Island, setbacks are measured from the lot lines, rather than the property lines. Strict compliance with the Implementation Plan (NBMC Title 21) deprives the property of the ability to construct the covered patio within the boundaries of private property. Without the approval of a variance, the property owner would be deprived of the right to use his property in a way that is enjoyed by other properties in the R-1 Zoning District and in the same coastal zoning district. 3. The variance complies with the findings required to approve a coastal development permit in Section 21.52.015(F); Please see the findings for the Coastal Development Permit provided above. 4. The variance will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs; The property does not currently provide access to the sea or shoreline, nor does it provide access to any coastal parks, trails, or coastal bluffs. 5. The variance will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas; The project site is not located adjacent to a coastal view road, public access way, or coastal viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is located at the end of Harbor Island Drive and is not visible from the site. The proposed covered patio is consistent with the existing neighborhood 32 W I N K L E C U S T O M H O M E S 3857 Birch St #460, Newport Beach CA 92660 | 949.873.3125 | WWW.WINKLECUSTOMHOMES.COM | CA LIC #B992007 pattern of development. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. The project is not visible from the interior of Harbor Island and only slightly visible from the harbor, however there are no existing views through the island from the harbor because of the existing homes and accessory residential structures already developed on the island. 6. The variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation, or wildlife species; and The property is located adjacent to the harbor and County tidelands. The project does not extend into the tidelands and the harbor and is therefore protective of the tidelands and other coastal resources. 7. The granting of the modification or variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the certified Local Coastal Program. Please see response below for variance considerations under NBMC Section 21.52.090(C). Variance Considerations--NBMC Section 21.52.090(C) 1. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and 2. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. Granting of a variance will allow the placement of a covered patio upon private property located past the lot line and will result in setback regulation similar to properties in the surrounding area. The covered patio’s design is consistent with the existing single-family residence and the overall aesthetics of Harbor Island. While the project is requesting a variance for a setback encroachment past the lot line, the residential development on the property complies with all other applicable development standards including, but not limited to, floor area limit, height limitation, and parking requirements and was previously approved by Variance 293. Disapproval of the variance could result in lack of property rights that other properties in the R-1 Zoning District are granted. The Project does not extend into the adjacent tidelands and the harbor and is therefore protective of the tidelands and other coastal resources. There is no other feasible alternative that would provide greater consistency with the City’s LCP. 33 W I N K L E C U S T O M H O M E S 3857 Birch St #460, Newport Beach CA 92660 | 949.873.3125 | WWW.WINKLECUSTOMHOMES.COM | CA LIC #B992007 Supplemental Information Coastal Development Permit No. CD2022-035 Variance No. VA2022-004 (PA2022-123) This supplemental information is provided in response to request number 2 from the Notice of Incomplete Filing dated July 5, 2022. We have reviewed the City of Newport Beach’s publicly accessible records for every home located on Harbor Island. Based upon our review and the attached survey, we have determined that the following homes have received a variance or modification permit from the City, which allows the home or certain accessory structures and/or fences to encroach within established setback areas: 1 Harbor Island Drive (Modification Permit Nos. 4441 and 3456); 3 Harbor Island Drive (Modification Permit 3345); 5 Harbor Island Drive (Modification Permit 3949); 7 Harbor Island Drive (Variance VA2014-004); 8 Harbor Island Drive (Modification Permit 4406); 12 Harbor Island Drive (Modification Permit Nos. 4524, 0180, and 0148); 13 Harbor Island Drive (Modification Permit 4249), 15 Harbor Island Drive (Variance 854); 19 Harbor Island Drive (Modification Permit Nos. 3263 and 3014); 22 Harbor Island Drive (Modification Permit 3263); 24 Harbor Island Drive (Variance VA2019-004); 26 Harbor Island Drive (Modification Permit Nos. 3131, MD2002-087, and MD2004-046); 28 Harbor Island Drive (Modification Permit 1080); 30 Harbor Island Drive (Modification Permit 216); 31 Harbor Island Drive (Modification Permit 718); and 36 Harbor Island Drive (Modification Permit 3577) (collectively, “Harbor Island Properties”). 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; The property is located on Harbor Island, a private island in Newport Harbor. Harbor Island is composed of approximately 33 homes and each home has a unique non-standard shaped lot. 18 Harbor Island Drive has an unusual trapezium type shape and due to a quirk in the setback maps for Harbor Island, setbacks are measured from the lot lines, rather than the property lines. Both the shape and lot line measurement for the subject property differ from other homes within the R-1 Zoning District. Because the lot lines on Harbor Island differ from the actual property lines, the subject property is unable to use its space and develop similarly to other homes in an identical zoning classification. The City has addressed this issue for other nearby homes by issuing variances and modification permits for the Harbor Island Properties. 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; Strict compliance with the Zoning Code (NBMC Title 20) deprives the property of the ability to construct the covered patio within the boundaries of private property. Without the approval of a 34 W I N K L E C U S T O M H O M E S 3857 Birch St #460, Newport Beach CA 92660 | 949.873.3125 | WWW.WINKLECUSTOMHOMES.COM | CA LIC #B992007 variance, the property owner would be deprived of the right to use his property in a way that is enjoyed by other properties in the R-1 Zoning District. Specifically, the subject property has adequate space to construct a covered patio; however, by necessity the covered patio will be located past the lot line but within the property line. The City has addressed similar issues for other nearby homes by issuing variances and modification permits for the Harbor Island Properties. c. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; Without the granting of a variance, the property owner could not construct improvements on his property that fall beyond the lot line, which coincides with the foot print of the existing single-family residence. Without this variance the property owner is deprived of the enjoyment of substantial property rights. The City has recognized that the best way to preserve property rights on Harbor Island is through the issuance of variances and modification permits, as it has done throughout the years for the Harbor Island Properties. 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; Approval of the variance request allows the property owner to construct a covered patio beyond the lot line, and within his property line. This is not a granting of a special privilege as the majority of lots in the R-1 Zone have their setbacks measured from their property lines, and not the lot lines. Additionally, a number of the Harbor Island Properties have already received variances and modification permits, which allow the homeowners to construct improvements within the setback areas. Thus, the granting of this variance is consistent with the City’s treatment of other homes on Harbor Island and is not a grant of special privilege. e. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Implementation Plan results in physical hardships. This variance is necessary due to practical difficulties associated with the property and the strict application of the Implementation Plan results in physical hardships. The property is located on Harbor Island, a private island in Newport Harbor. The property is located on Harbor Island, a private island in Newport Harbor. Harbor Island is composed of approximately 33 homes and each home has a unique non-standard shaped lot. The property has an unusual trapezium type shape and due to a quirk in the setback maps for Harbor Island, setbacks are measured from the lot lines, rather than the property lines. Both the shape and lot line measurement differ from other homes within the R-1 Zoning District. Strict application of the Implementation Plan results in physical hardships and the granting of this variance ensures the subject property is treated similarly to the Harbor Island Properties. 35 W I N K L E C U S T O M H O M E S 3857 Birch St #460, Newport Beach CA 92660 | 949.873.3125 | WWW.WINKLECUSTOMHOMES.COM | CA LIC #B992007 f. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/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 coastal zoning district. The granting of the variance is necessary due to special circumstances applicable to the property. The property is located on Harbor Island, a private island in Newport Harbor. Harbor Island is composed of approximately 33 homes and each home has a unique non-standard shaped lot. The subject property has an unusual trapezium type shape and due to a quirk in the setback maps for Harbor Island, setbacks are measured from the lot lines, rather than the property lines. Strict compliance with the Implementation Plan (NBMC Title 21) deprives the property of the ability to construct the covered patio within the boundaries of private property. Without the approval of a variance, the property owner would be deprived of the right to use his property in a way that is enjoyed by other properties in the R-1 Zoning District and in the same coastal zoning district. Additionally, granting of this variance is consistent with the City’s treatment of other homes on Harbor Island that have previously applied for permission to encroach within the setback areas. g. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible. Granting of a variance will allow the placement of a covered patio upon private property located past the lot line and will result in setback regulation similar to properties in the surrounding area and the Harbor Island Properties. The covered patio’s design is consistent with the existing single-family residence and the overall aesthetics of Harbor Island. While the project is requesting a variance for a setback encroachment past the lot line, the residential development on the property complies with all other applicable development standards including, but not limited to, floor area limit, height limitation, and parking requirements and was previously approved by Variance 293. Disapproval of the variance could result in lack of property rights that other properties in the R-1 Zoning District and Harbor Island are granted. The Project does not extend into the adjacent tidelands and the harbor and is therefore protective of the tidelands and other coastal resources. Similarly, the Project does not obstruct coastal views nor does it impede harbor access. There is no other feasible alternative that would provide greater consistency with the City’s LCP. Thus, the development is consistent with the Certified Local Coastal Program to the maximum extent feasible. 36 W I N K L E C U S T O M H O M E S 3857 Birch St #460, Newport Beach CA 92660 | 949.873.3125 | WWW.WINKLECUSTOMHOMES.COM | CA LIC #B992007 Harbor Island Variance Survey 1 Harbor Island Drive (1) Modification Permit: 4441 Date: May 22, 1996 Approval: Allowed an eave overhang to encroach 5 feet into required 15-foot front yard setback along the street, a second-floor bay window to encroach 10 inches into the front yard setback, second floor to encroach 1 foot into the interior yard setback, and other encroachments from 7 inches to 1 foot 3 inches into the front yard setback along the water. (2) Modification Permit: 3456 Date: September 29, 1988 Approval: Allowed 6-foot-high side yard fence to encroach 18 feet into the required 18- foot bayside setback from the original boundary of Tract 802. 3 Harbor Island Drive Modification Permit: 3345 Date: November 12, 1987 Approval: Allowed 5-foot-high wrought iron fence to encroach 15 feet into the required 15-foot front yard setback and extend beyond the property line to the water and tidelands. 5 Harbor Island Drive Modification Permit: 3949 Date: December 5, 1991 Approval: Allowed for a fence to exceed the height limit and have heights that vary from 7 feet to 10 feet and allowed the fence to encroach 15 feet into the required 15- foot front yard setback. 37 W I N K L E C U S T O M H O M E S 3857 Birch St #460, Newport Beach CA 92660 | 949.873.3125 | WWW.WINKLECUSTOMHOMES.COM | CA LIC #B992007 7 Harbor Island Drive Variance: VA2014-004 Date: July 17, 2014 Approval: Approval to construct a new single-family home that encroaches up to 12.9 feet into the 19-foot setback along the easterly side of the property and a request to exceed the allowed floor area limitation by 1,497 sq. ft. 8 Harbor Island Drive Modification Permit: 4406 Date: January 10, 1996 Approval: Approval to construct a new single-family home that encroaches up to 8 feet into the 19-foot setback along the westerly side of the property. 12 Harbor Island Drive (1) Modification Permit: 4524 Date: December 26, 1996 Approval: Allowed first floor brick veneer to encroach 5 inches into the required 15- foot front yard setback along the street. (2) Modification Permit: 0180 Date: April 14, 1970 Approval: Allowed a pool heater 1 foot from the property line and a heater stack 2.5 feet from the property line. (3) Modification Permit: 0148 Date: January 27, 1970 Approval: Allowed a 5-foot brick wall within the 15-foot front yard setback. 38 W I N K L E C U S T O M H O M E S 3857 Birch St #460, Newport Beach CA 92660 | 949.873.3125 | WWW.WINKLECUSTOMHOMES.COM | CA LIC #B992007 13 Harbor Island Drive Modification Permit: 4249 Date: October 18, 1994 Approval: Allowed an entry structure (10 feet 6 inches high) to encroach 3 feet into the required 3-foot front side yard setback (where 6 feet high is the limit), 2 chimney ties 28 feet above grade (where 24 feet is the limit), and a 6-foot-high masonry fence to encroach 15 feet into the 15-foot front yard view-side setback (where code limits height to 3 feet). 15 Harbor Island Drive Variance: 854 Date: April 1, 1965 Hardship: Triangle Shaped Lot Approval: Allowed for a zero setback to construct a two-car garage and allow for the maintenance of an existing encroachment. 19 Harbor Island Drive (1) Modification Permit: 3263 Date: May 21, 1987 Approval: Allowed 5-foot-high fence in the front yard setback area to enclose a swimming pool. (2) Modification Permit: 3014 Date: January 2, 1985 Approval: Allowed a home to encroach 15 feet into the 15-foot front yard setback area, and allow a second flood deck to encroach 2’6” into the front yard setback area. 39 W I N K L E C U S T O M H O M E S 3857 Birch St #460, Newport Beach CA 92660 | 949.873.3125 | WWW.WINKLECUSTOMHOMES.COM | CA LIC #B992007 22 Harbor Island Drive Modification Permit: 2385 Date: April 17, 1979 Approval: Allowed a swimming pool to be constructed into the side setback area and allowed for a 6-foot-high glass screen to be constructed in the front setback area to enclose the swimming pool. 24 Harbor Island Drive Variance: VA2019-004 Date: January 23, 2019 Approval: Approval to construct a 6-foot-high block wall within the side setback area. 26 Harbor Island Drive (1) Modification Permit: 2131 Date: September 21, 1976 Approval: Allow upper balcony to extend 4 feet into the 10-foot rear setback. (2) Modification Permit: MD2002-087 Date: September 11, 2002 Approval: Allowed 5-foot encroachment of first floor and seven-foot encroachment of second floor structure into front yard setback. Also approved request to encroach 3 feet into easterly side setback. (3) Modification Permit: MD2004-046 Date: July 14, 2004 Approval: Allow second floor roof/eave overhang to extend 18 to 20 inches beyond the face of the approved second floor building into the front yard setback. 40 W I N K L E C U S T O M H O M E S 3857 Birch St #460, Newport Beach CA 92660 | 949.873.3125 | WWW.WINKLECUSTOMHOMES.COM | CA LIC #B992007 28 Harbor Island Drive Modification Permit: 1080 Date: September 21, 1976 Approval: Allowed 5-foot-high wrought iron fence in the front yard setback area to enclose a swimming pool built past the lot lines. Key Condition: That the proposed construction will not obstruct views from adjoining residential property. 30 Harbor Island Drive Modification Permit: 216 Date: August 4, 1970 Approval: Allowed swimming pool, fire place, and bay window to encroach into setback areas. 31 Harbor Island Drive Modification Permit: 718 Date: November 15, 1973 Request: Permission to encroach into the easterly side property line and the westerly side property line setback. Withdrawn: Request was withdrawn by the applicant. 36 Harbor Island Drive Modification Permit: 3577 Date: August 9, 1989 Approval: Allowed a cantilevered second floor balcony to encroach 2 feet 6 inches into the required 15-foot front yard setback. 41 INTENTIONALLY BLANK PAGE42 Attachment No. PC 3 Harbor Island Buildable Area 43 INTENTIONALLY BLANK PAGE44 2012 6 723 22 8 9 10 11 12 13 14 28 27 26 15 24 21 20 331819 101 107 115 116 122 128 134 140 121 127 135 141 147 153 548 542 536 11 1/22 3 4 5 6 7 8 61 5656 1/255 54 57 58 59 60 3 5 4 30 29 31 3634 55460 1/2 59 1/2 57 1/2 55 1/2 29.1% 49.5% 51.1% 49.7% 49.9% 52% 45.6% 51.3% 51.7% 51.4% 51.6% 57%46.2%52.1% 22.9% 46%46.9% 46.4% 48.9% 46.5% 46.3%34.3% 48.5% 48%56% 48.4%51.3% 22.8% 37.7% 34% BE A C O N B A Y HARBOR ISLAND H AR B O R I S L A N D CUTTERHarbor Island Buildable Area NBGIS.GISDATA.Centerline Buildable Area Setback Area (including tidelands) Legal Lotline Document Name: Harbor Island_Buildable_Area_Coverage Count: 30Minimum: 22%Maximum: 57%Average: 46% 45 INTENTIONALLY BLANK PAGE46 Attachment No. PC 4 Harbor Island Modifications and Variances 47 INTENTIONALLY BLANK PAGE48 2012 6 723 22 8 9 10 11 12 13 14 28 27 26 15 24 21 20 331819 101 107 115 116 122 128 134 140 121 127 135 141 147 153 548 542 536 11 1/22 3 4 5 6 7 8 61 5656 1/255 54 57 58 59 60 3 5 4 30 29 31 3634 55460 1/2 59 1/2 57 1/2 55 1/2 ^_ ^_ ^_ ^_^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_^_ ^_ BE A C O N B A YHARBOR ISLANDHAR BOR IS L AND CUTTERHarbor Island Document Name: Harbor Island_Mod_Variance Address Modification / Variance 1 Harbor Island 6’ fence into waterside setback Primary structure into waterside, streetside, and interior side setbacks 3 Harbor Island 5’ fence into waterside setback 5 Harbor Island 6’ fence into waterside setback 7 Harbor Island Primary structure into side setback Increase in floor area limitation 8 Harbor Island Primary structure into side setback 12 Harbor Island 5’ wall into waterside setback Pool equipment into side setback Primary structure into waterside setback 13 Harbor Island Accessory structure into side setback Chimney ties abov e height limit 6’ wall into waterside setback 15 Harbor Island Garage into waterside setback 18 Harbor Island Primary structure into waterside setback 19 Harbor Island 5’ fence in waterside setback Primary structure into waterside setback 22 Harbor Island 6’ fence in waterside setback 24 Harbor Island 6’ wall in interior front setback 26 Harbor Island Primary structure into waterside setback, interior side setback, and streetside setback 28 Harbor Island 5’ fence into waterside setback 30 Harbor Island Pool, fireplace, bay window into side setback 34 Harbor Island Chimney caps ov er height 36 Harbor Island Primary structure (balcony) into waterside setback ^_Previous Modification / Variance (see table for details) 49 INTENTIONALLY BLANK PAGE50 Attachment No. PC 5 Project Plans 51 INTENTIONALLY BLANK PAGE52 53 54 Supplemental Information Coastal Development Permit No. CD2022-035 Variance No.VA2022-004 (PA2022-123) This supplemental information is provided in response to request number 1 from theNotice of Incomplete Filing dated July 5,2022. W I N K L E C U S T O M H O M E S 3857Birch St #460,Newport Beach CA 92660 |949.873.3125 |WWW.WINKLECUSTOMHOMES.COM |CA LIC #B992007 55 Renderings Coastal Development Permit No. CD2022-035 Variance No.VA2022-004 (PA2022-123) North Elevation West Elevation W I N K L E C U S T O M H O M E S 3857Birch St #460,Newport Beach CA 92660 |949.873.3125 |WWW.WINKLECUSTOMHOMES.COM |CA LIC #B992007 56 Renderings Coastal Development Permit No. CD2022-035 Variance No.VA2022-004 (PA2022-123) W I N K L E C U S T O M H O M E S 3857Birch St #460,Newport Beach CA 92660 |949.873.3125 |WWW.WINKLECUSTOMHOMES.COM |CA LIC #B992007 57 Renderings Coastal Development Permit No. CD2022-035 Variance No.VA2022-004 (PA2022-123) W I N K L E C U S T O M H O M E S 3857Birch St #460,Newport Beach CA 92660 |949.873.3125 |WWW.WINKLECUSTOMHOMES.COM |CA LIC #B992007 PROPOSED LOCATION OF COVERED PATIO FINISHES TO MATCH EXISTING HOME 58 From:Stephen Slade To:Planning Commissioners Cc:Crager, Chelsea; John Word Subject:18 Harbor Island Variance Request Date:October 31, 2022 7:17:31 PM Attachments:clip_image001.png [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. October 31, 2022 Delivered by Email: planningcommissioners@newportbeachca.gov Newport Beach Planning Commission City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RE: Support for 18 Harbor Island’s Variance Application Dear Planning Commissioners: I write to you today to express my support for John and Kimberly Word’sapplication for a variance at 18 Harbor Island. I own the home at One HarborIsland, immediately adjacent to their home. The Words are a wonderful family, and are among our very best friends. Theirvariance application will greatly improve the useability of their home. Theproposed covered patio is consistent with other improvements on Harbor Island andit will be located entirely on the Word’s property. I urge you to approve the Word’s variance application. We support it wholeheartedly. Sincerely, Planning Commission - November 3, 2022 Item No. 3a - Additional Materials Received Morfontaine Holdings, LLC Residence (PA2022-123) <!--[if !vml]--><!--[endif]--> Stephen Slade MD, FACS 1 Harbor Island Newport Beach, CA 92660 cc: Chelsea Crager, Associate Planner (ccrager@newportbeachca.gov Planning Commission - November 3, 2022 Item No. 3a - Additional Materials Received Morfontaine Holdings, LLC Residence (PA2022-123) Morfontaine Holdings, LLC Residence Planning Commission November 3, 2022 Chelsea Crager, Senior Planner Jaime Murillo, AICP, Principal Planner Planning Commission - November 3, 2022 Item No. 3b - Additional Materials Presented at Meeting by Staff Morfontaine Holdings, LLC Residence (PA2022-123) Request •Variance•Coastal Development Permit 2Community Development Department •New Patio Cover Encroachment•450-square-foot•18.5 feet tall Planning Commission - November 3, 2022 Item No. 3b - Additional Materials Presented at Meeting by Staff Morfontaine Holdings, LLC Residence (PA2022-123) Vicinity Map Subject Property 3 Planning Commission - November 3, 2022 Item No. 3b - Additional Materials Presented at Meeting by Staff Morfontaine Holdings, LLC Residence (PA2022-123) Key Findings •Special or unique circumstances•Preservation and enjoyment of property rights•Not a special privilege•Not detrimental •No impacts to public access, public views, or coastal resources 4Community Development Department Planning Commission - November 3, 2022 Item No. 3b - Additional Materials Presented at Meeting by Staff Morfontaine Holdings, LLC Residence (PA2022-123) 5Community Development Department Buildable Area= 29% Planning Commission - November 3, 2022 Item No. 3b - Additional Materials Presented at Meeting by Staff Morfontaine Holdings, LLC Residence (PA2022-123) Tidelands and Buildable Area Average Buildable Area = 46 % Subject Property 29% Buildable Area 6 Planning Commission - November 3, 2022 Item No. 3b - Additional Materials Presented at Meeting by Staff Morfontaine Holdings, LLC Residence (PA2022-123) Modifications and Variances on Harbor Island 7Community Development Department 17 of 30 properties Planning Commission - November 3, 2022 Item No. 3b - Additional Materials Presented at Meeting by Staff Morfontaine Holdings, LLC Residence (PA2022-123) Recommended Action •Conduct a public hearing;•Find the project exempt from CEQA pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures); and•Adopt Resolution No. PC2022-029 approving the coastal development permit and variance 8Community Development Department Planning Commission - November 3, 2022 Item No. 3b - Additional Materials Presented at Meeting by Staff Morfontaine Holdings, LLC Residence (PA2022-123) 9 Questions and Discussion Jaime Murillo, Principal Planner 949-644-3209, jmurillo@newportbeachca.gov Planning Commission Public Hearing November 3, 2022 Planning Commission - November 3, 2022 Item No. 3b - Additional Materials Presented at Meeting by Staff Morfontaine Holdings, LLC Residence (PA2022-123)