HomeMy WebLinkAbout2.0_Thomas Residence_PA2022-0172CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
February 23, 2023
Agenda Item No. 2
SUBJECT: Thomas Residence (PA2022-0172)
▪Variance
▪Coastal Development Permit
SITE LOCATION: 700 West Ocean Front
APPLICANT: Brion Jeannette Architecture
OWNER: Evan and Bryn Thomas
PLANNER: David Lee, Associate Planner
949-644-3225, dlee@newportbeachca.gov
PROJECT SUMMARY
The applicant requests a coastal development permit to demolish an existing single-family
residence and construct a new 2,748-square-foot single-family residence with an attached
532-square-foot two-car garage. Additionally, the Applicant requests a variance for the
following deviations from the development standards of the Newport Beach Municipal Code
(NBMC):
1.Rear Setback: Request for the first and second floor to encroach six (6) feet into the
required 10-foot rear setback area and for the third-floor open deck and mechanical
well to encroach 3 feet 9 inches into the rear setback;
2.Third-Floor Stepback: Request for an encroachment of six (6) feet into the required
additional15-foot third-floor stepback, which is measured from the required 10-foot
rear setback line; and
3.Floor Area: Request for a 128 square foot increase in the maximum allowed gross
floor area from 3,128 square feet to 3,280square feet.
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
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3) Adopt Resolution No. PC2023-008 approving PA2022-0172 for a variance and
coastal development permit to demolish an existing single-family residence and
construct a new single-family residence (Attachment No. PC 1).
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-Family Residence
NORTH RS-D R-1 Single-Family Residences
SOUTH Parks and Recreation (PR) Parks and Recreation (PR) Boardwalk with Public Beach
EAST RS-D R-1 Single-Family Residences
WEST RS-D R-1 Single-Family Residences
Subject Property
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INTRODUCTION
Project Setting and Background
The subject property is a 2,688-square-foot lot located at the corner of West Ocean Front
and 7th Street abutting the West Ocean Front Public Boardwalk. The block between 7th
and 8th Street primarily consists of single-family residences. The area was originally
subdivided in 1904 as part of the East Newport Tract. Originally the subdivision included
five lots facing 7th Street between Central and Surf, which were later renamed West
Balboa Boulevard and West Ocean Front respectively. Subsequent to the original
subdivision, a small portion of Lot 3 and all of Lots 4 and 5 were combined and reoriented
to provide two lots facing West Ocean Front, one of which is the property (See Figure 1
below).
Figure 1: Original subdivision (top) and current lot configuration (bottom)
Subject Property
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The existing single-family residence was constructed in 1914. As a result of the
reorientation of the lot, the residence is oriented to have the front yard patio face the
beach consistent with other properties that directly face the beach. The main entrance of
the home faces 7th Street. The existing residence is single-story and is nonconforming
due to parking, as it does not provide any off-street parking (see Figure 2 below).
Figure 2: Oblique aerial image of project site
Project Description
The project consists of the demolition of the existing 1,161-square-foot single-family
residence and construction of a new three-story, 2,748-square-foot single-family residence
with an attached 532-square-foot two-car garage. Since there is no alley access, the new
garage will be accessed from 7th Street via a proposed new curb cut. The proposed
residence will be accessible through the main entrance on 7th Street and through the front
patio facing the boardwalk. The residence includes a total of three bedrooms and three
bathrooms, a kitchen and dining area on the second floor, a cantilevered deck on the second
floor facing the beach, and an office and additional deck areas on the third floor. The project
includes a variance for deviations from development standards of the rear setback (north),
third-floor stepback, and maximum floor area. The project is also described and shown in
the attached set of plans (Attachment No. PC 4).
Subject Property
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DISCUSSION
Analysis
General Plan, Local Coastal Plan, and Zoning Code
The site is categorized as Single Unit Residential Detached (RS-D) by the General Plan
Land Use Element and Single-Unit Residential Detached (RSD-C) (10.0 – 19.9 DU/AC)
by the Coastal Land Use Plan (CLUP). It is located within the Single-Unit Residential (R-
1) Zoning District and Coastal Zoning District. The proposed single-family residence is a
permitted use under these land use designations, which are intended to provide for areas
appropriate for a range of detached single-family residential dwelling units located on a
single legal lot. Since the project is a new single-family residence replacing an existing
single-family residence, it is consistent with the Housing Crisis Act that does not permit
the City to allow a reduction in the number of existing residential units.
With the exception of the requested deviations for the rear setbacks, third-floor stepback,
and maximum floor area, the proposed residence complies with all other applicable
development standards of the R-1 Zoning and Coastal Zoning Districts, as illustrated in
Table 1 below:
Table 1: Zoning Code Development Standards
Development Feature Required Proposed
Setbacks (min.)
Front (South abutting the boardwalk)
Rear (North)
Left Side (West)
Right Side (East)
8’
10’
4’
4’
8’
4’ (Variance)
4’
4’
Height (max.)
Flat
Sloping
24’
29’
24’
29’
Open Space (min.) 234 sq. ft. 259 sq. ft.
Floor Area Limit (max.) 3,128 sq. ft. 3,280 sq. ft.
(Variance)
Parking (min.) 2 garage spaces 2 garage spaces
Third Floor Area (max.) 235 sq. ft. 235 sq. ft.
Third Floor Stepbacks (min.)
Front
Rear (from the north)
Sides
15’
15’
2’
15’
9’ (Variance)
2’
The overall design, based upon the proposed plans, meets the residential design criteria
provided within NBMC Section 20.48.180(B)(2) (Design Criteria) by avoiding long
unarticulated walls, and providing architectural treatment on the elevations. The exterior
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is proposed with shiplap siding and bricked columns. The first and second floors are
designed with open volume areas to provide articulation, while the third floor is designed
with stepbacks to reduce the vertical mass of the structure.
Variance Findings
The Variance is requested to construct the first and second floor with a six-foot
encroachment into the required 10-foot rear setback area, to construct the third floor with
a six-foot encroachment into the required 15-foot stepback area, and to increase the floor
area beyond the maximum allowable floor area limit (i.e., an increase in gross floor area).
These development standards are required by the Title 20 (Planning and Zoning) and
Title 21 (Local Coastal Program Implementation Plan) of the NBMC. 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.
Section 20.52.090(F) (Variances, Findings and Decision) of the Zoning Code requires the
Planning Commission to make the following findings before approving 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 Zoning Code requirements would deprive the subject
property of privileges enjoyed by other properties in the vicinity and under an
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, or 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.
Unique Lot Orientation
As previously discussed, the subject property was reoriented subsequent to the original
subdivision in 1904, which creates a unique circumstance when compared to typical lots
in the same block. While typical R-1 lots surrounding the property abut an alley and
require a five-foot rear alley setback, this property is atypical and abuts a residence to the
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rear instead. Of the 23 lots located within Block 8, only the subject property and 726 West
Ocean Front (which similarly abuts 8th Street) do not have alley access. The remaining
21 lots have alley access in addition to a frontage abutting a street. These lots are subject
to a five-foot rear alley setback whereas the property is subject to a 10-foot rear setback
(see Figure 3 below). The 10-foot rear setback disproportionately impacts the ability to
develop the property with a similar floor area ratio (FAR) to surrounding properties. 704,
722, and 726 West Ocean Front are similarly impacted with 10-foot rear setbacks.
Figure 3: Neighborhood Setback Comparison
The reorientation also reduced the lot depth compared to other lots in the area. The
property is 64 feet deep, whereas the typical lot depth is 70 feet. The reduced depth and
orientation of this lot do not generally apply to other properties in the vicinity under the
same R-1 zoning classification.
Parity with Surrounding Neighborhood
Strict compliance with the NBMC requirements would deprive the property of constructing
a residence with similar floor-area-to-land ratio (FAR) when compared to neighboring lots.
The allowable maximum floor area of the property yields a FAR of 1.16, which is
10’ Rear Setback
(Subject Property)
5’ Rear Setback (typ.)
7’ encroachment into
10’ Rear Setback
726 W. Ocean Front
(No alley access)
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approximately 12 percent less than what is allowed on lots with typical configurations in
the surrounding neighborhood and identical zoning classification. The project proposes a
FAR of 1.22, which is less than the 1.32 FAR of surrounding typical lots. The overall FAR
range of lots within the vicinity is from 1.21 to 1.46. The approval of the variance would
allow for the project to have a similar FAR to surrounding residences (see Table 2 below).
The proposed FAR is below the average FAR of these properties, which is 1.30.
Table 2: Lot Comparison
Property Address Lot Size (SF) Buildable
Area (SF)
Max Floor Area
(Buildable SF x 2)
(SF)
FAR
Required
Setbacks
700 W. Ocean Front
(Code-Required) 2,688 1,564 3,128 1.16 F:8 R:10 S:4
700 W. Ocean Front
(Proposed) 2,688 1,564 3,280*** 1.22 F:8 R:4 S:4
Neighboring Lots
105 7th Street 1,818 1,149 2,298 1.26 F:7 R:5 S:3
107 7th Street** 2,098 1,392 2,784 1.33 F:7 R:5 S:3
105 8th Street** 2,098 1,306 2,612 1.24 F:10 R:5 S:3
106 8th Street 2,804 1,951 3,902 1.39 F:5 R:5 S:4
707 W Balboa Blvd.** 2,104 1,392 2,784 1.32 F:7 R:5 S:3
614 W Ocean Front** 2,093 1,416 2,832 1.35 F:6 R:5 S:4
620 W Ocean Front 4,186 3,046 6,092 1.46 F:6 R:5 S:4
628 W Ocean Front* 6,289 4,561 9,122 1.45 F:6 R:10 S:4
704 W Ocean Front* 1,791 997 1,994 1.11 F:8 R:10 S:3
706 W Ocean Front 4,210 2,982 5,964 1.42 F:8 R:5 S:4
720 W Ocean Front** 2,103 1,358 2,716 1.29 F:8 R:5 S:3
722 W Ocean Front* 2,366 1,423 2,846 1.20 F:8 R:10 S:3
726 W Ocean Front* 2,366 1,432 2,864 1.21 F:8 R:10 S:3
800 W Ocean Front* 2,098 1,394 2,788 1.33 F:7 R:5 S:3
*Similarly re-oriented to face West Ocean Front
** Typical lot (approximately 30’ wide x 70’ deep, 2,100 square feet)
***Specifically requested through the subject Variance and not based on any revised setback areas
Additionally, when compared to the surrounding typical R-1 lots on the same block, the
subject property has a larger area of the lot dedicated to setbacks. With the lot’s current
setback configuration, 41 percent is dedicated to the required setbacks where
surrounding typical properties have an approximate setback dedication of 33 percent.
Finally, strict compliance with the NBMC requirements for the third-floor stepback from
the rear setback line would result in a constrained third floor, as there would only be 16
feet of buildable depth. The NBMC requires third floors to be stepped back an additional
15 feet from the front and rear setback lines. While the project provides a compliant 15-
foot stepback from the eight-foot front setback line facing West Oceanfront for a total of
23 feet from the front property line, the applicant proposes a 15-foot stepback from the
six-foot rear encroachment line instead of the required 10-foot setback line. This provides
a total stepback of 19 feet from the rear property line, which is sufficient distance to reduce
the scale and mass of the third floor. A typical lot with a five-foot rear setback and 15-foot
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third-floor stepback results in a third floor that is 20 feet from the rear property line, which
is comparable to the project’s 19-foot stepback. The third-floor area complies with the
maximum allowable at 235 square feet and is designed to be accessed by a staircase
that is in the same location on all three floors. Compliance with the NBMC would
necessitate the relocation of the third floor and a substantial re-design of the project to
relocate the staircase.
Similar Encroachments
The following surrounding properties went through a similar re-orientation subsequent to
the original subdivision and were granted deviations from development standards similar
to what the applicant is requesting with the project:
Address Permit No. Deviation
600 W Ocean Front Modification No. MD4313 7’ encroachment into 10’ rear setback
704 W Ocean Front Variance No. VA445 7’ encroachment into 10’ rear setback
726 W Ocean Front Modification No. MD3629 7’ encroachment into 10’ rear setback
800 W Ocean Front Staff Approval No.
SA2017-012
Reduction of 10’ rear setback to 5’
In each case, a deviation was granted from the Code-required rear setback to which
abutted the neighboring side yard, similar to this Variance request. The deviations
provided relief so that each property could construct a residence with a similar size in
comparison to surrounding lots, while not being detrimental and providing the appropriate
setbacks between structures. The requested deviations allow the applicant to construct a
residence that has sufficient and appropriate setbacks and third-floor stepbacks, as well
as a similar FAR with surrounding residences.
Neighborhood Compatibility
Approval of the Variance allows the applicant to develop a 3,280-square-foot residence
that is comparable in size, height, and setbacks with development on other identically
zoned lots in the surrounding area (see Figure 4 below and Figure 5 on the next page).
Figure 4: Rendering of the proposed project
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Figure 5: Properties on same block developed with similar building height
The proposed encroachment is compatible with the neighboring lot at 105 7th Street.
Since the main entrance of the project faces 7th Street, the rear setback would function
as the project’s side yard. The request to encroach six feet into the required 10-foot rear
setback results in a cumulative separation of seven feet between structures, which
exceeds the typical six-foot separation between residential properties in the vicinity. The
required 10-foot rear setback creates an excessive separation between the project’s side
entry facing 7th Street and the neighboring lot, resulting in a smaller buildable footprint
and an FAR that is less than typical lots in the surrounding area.
Likewise, the request to increase the floor area above the maximum allowed by the NBMC
creates an FAR of 1.32, which is not a special privilege as it is consistent with the
limitations on other properties in the vicinity.
For the deviation of the third-floor stepback from the rear setback line, the project meets
the intention of reducing bulk and mass of the structure by stepping the third floor an
additional 15 feet back from the front and rear setback of a proposed home. The proposed
third floor is designed to provide a nine-foot step back providing the necessary articulation
and flow of light and air. As shown in Figure 5 above, there are residences on the same
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block that have larger third-floor areas that are not stepped back to the extent of the
proposed project.
Parking
The existing residence is nonconforming, as it does not provide on-site garage parking.
The project provides a fully compliant two-car garage that would be accessed from 7th
Street. The property does not have alley access. Currently, the westerly side of the 7th
Street curb provides enough depth for six public parking spaces. The proposed garage
requires a curb cut on 7th Street and results in the unavoidable loss of one on-street public
parking space (see Figure 6 below). The loss of one public parking space is not an impact
to public access or the neighborhood as the new residence will provide a two-car garage
that will accommodate the normal parking demands of the property whereas parking for
the existing residence is on the street.
Figure 6: Public Parking on 7th Street (reoriented for larger viewing)
Coastal Development Permit Findings
The subject property is located within the Coastal Zone. Therefore, the proposed
demolition of the existing single-family residence, and construction of a new single-family
residence require a coastal development permit. Per Section 21.52.015(F) of NBMC, the
required findings to approve a coastal development permit are as follows:
1. Conforms to all applicable sections of the certified Local Coastal Program; and
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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.
Additional findings are required in accordance with Section 21.52.090 (Relief from
Implementation Plan Development Standard) to approve the requested waivers to
development standards. Staff believes facts to support the findings in the draft resolution
are sufficient to demonstrate compliance with the LCP and that the project would not
impact any coastal resources, including access or views. The key facts in support of
findings are summarized in the following paragraphs.
Land Use and Requested Deviations
With the exception of the Variance request for encroaching into the right-side setback,
the proposed development complies with applicable residential development standards
including, but not limited to, front and side setbacks, building height, parking, and open
space as illustrated in Table 1 above.
As previously discussed, the deviations to the rear setback, third-floor stepback, and floor
area allow for a development that is compatible in design, bulk, and scale of the
surrounding residences on West Ocean Front, 7th Street, and West Balboa Boulevard.
Public Views and Access
The project site is located on the southwest corner of the 7th Street, adjacent to the West
Ocean Front Boardwalk near the beach. The proposed residence is designed with a
Code-compliant four-foot side setback abutting 7th Street and will not disrupt existing
views of the beach available from 7th Street towards the beach (see Figure 7 below). The
residence is also designed with a Code-compliant eight-foot front setback adjacent to the
boardwalk and will not disrupt existing views of the beach for pedestrians traveling on the
boardwalk (see Figure 8 on the next page). The residence includes articulation through
second story decks with glass railings, which serve to reduce the mass of the structure
and provides opportunities for additional views at the corner of the residence (see Figures
9 and 10 on the next page).
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Figure 7: Existing View from 7th Street
Figure 8: Existing View from West Ocean Front Boardwalk
Subject Property
Subject Property
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Figure 9: Proposed second floor open deck on elevation facing boardwalk
Figure 10: Proposed second floor open decks on elevation facing 7th Street
There are no existing public views through the site to the beach. Existing development on
the south side of West Balboa Boulevard blocks views from the street and alley.
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Additionally, the site is approximately 1,000 feet from the beach on West Bay Avenue
between 9th and 10th Street, which is designated by the CLUP as a public viewpoint. The
site is approximately 3,000 feet from the Balboa Pier and 3,500 feet from Veterans
Memorial Park, which are also designated as public viewpoints. The site is visible from
various locations along the public boardwalk, 7th Street, and from the beach, but the
project does not further disrupt public views of the ocean from West Balboa Boulevard
since there is existing development in front of the beach. Aside from the requested setback
and floor area deviations, the Project complies with all applicable LCP development
standards and maintains a building envelope consistent with the existing neighborhood
pattern of development. The decreased separations to the rear of the property is not in an
area that affects views. The front and 7th Street side setbacks will be maintained and they
are the setbacks that determine the extent to which LCP allowed development would limit
views. Therefore, the project does not have the potential to degrade the visual quality of the
Coastal Zone or result in significant adverse impacts to public views.
The property is located between the nearest public road and the shoreline within the
coastal zone. In this case, the project replaces an existing single-family residence located
on a standard R-1 lot with a new single-family residence. Therefore, the project does not
involve a change in land use, density, or intensity that will result in increased demand for
public access and recreation opportunities. Furthermore, the project is designed and sited
(appropriate height, setbacks, etc.) so as not to block or impede existing public access
opportunities. The requested variance from rear setback and rear third floor stepback
standards is on the side adjacent to an interior property line abutting a residence and
does not affect public views. The property is located in close proximity to public beach
access points, as designated by the CLUP, at the street ends of 7th and 8th Streets. The
property also abuts the West Ocean Front boardwalk, which is identified as lateral access
by the CLUP. The project does not encroach onto the boardwalk and complies with the
required eight-foot front setback, and the boardwalk will remain open at all times during
construction.
As previously discussed, the project requires a curb cut on 7th Street which results in the
loss of one public parking space. However, the new compliant garage will allow the
residents to park their vehicles on-site thereby removing them from the street and
potentially freeing up additional on-street public parking. Access to the beach remains
available through the multiple street ends nearby. Therefore, the project will not impact
public access to local coastal resources.
Hazards
A Coastal Hazards Report was prepared by Geosoils, Inc. on July 7, 2022. The project
site is separated from the water by a wide sandy beach. The site is approximately 590
feet from the mean high tide line. The report concludes that the highest high tide elevation
(currently 7.7 feet based on the North American Vertical Datum of 1988 [NAVD 88]) will
not exceed 10.9 feet (NAVD 88) using the low-risk aversion projected sea level rise (3.2-
foot increase) over the 75-year design life of the structure based on estimates for sea
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level rise provided by the State of California Sea-Level Rise Guidance 2018. The
estimated sea level rise over the next 75 years, using the Medium-High Risk Aversion, is
potentially six feet (13.7 feet NAVD 88). Additionally, the site has not historically been
subject to any wave overtopping, nor is overtopping waters over the next 75 years
expected to reach the subject site, even under extreme conditions. Based on the data
provided, the study provides no recommendations necessary for shoreline protection
devices and concludes that coastal hazards will not impact the property over the next 75
years, as the proposed project has minimal risk from flooding.
Compliance with the LCP and Feasible Alternatives
Section 21.52.090 (Relief from Implementation Plan Development Standard) of the
NBMC requires findings to be made regarding whether or not the development is
consistent with the certified LCP to the maximum extent feasible and whether or not there
are feasible alternatives that would provide greater consistency with the LCP that are
more protective of coastal resources.
An alternative would be to construct the residence with a compliant 10-foot rear setback
and 3rd floor 15-foot step back and a compliant floor area. This alternative would create a
smaller building with a 13-foot separation on the first floor and a 25-foot separation on the
second floor between the abutting property to the north. This increase separation would
not benefit a public view down 7th Street nor would it eliminate the reduction in street
parking for the compliant garage, which benefits access.
Staff believes that the proposed project is consistent with the LCP to the maximum extent
feasible and that the alternatives do not provide parity between the subject property and
the surrounding neighborhood.
Relocation of Utilities
The existing residence includes private utilities that are located under the existing
neighboring residence at 704 West Ocean Front. Utilities are not typically allowed under
a neighboring structure, as they are not easily accessed for maintenance or replacement.
Therefore, as required in Condition of Approval No. 10 in the Draft Resolution, the
applicant is required to abandon prior utilities located under the neighboring structure and
obtain a private utility easement that runs along the rear setback area of the neighbor.
Correspondence from the owner of 704 West Ocean Front agreeing to the relocation of
utilities is attached to the Staff Report (Attachment No. PC 3).
Summary and Alternatives
Staff believes the findings can be made for approval. The reorientation of the property
reduced the lot depth when compared to a typical surrounding lot, while increasing the
rear setback to 10 feet since it now abuts another residential property without an alley.
This results in a smaller buildable area as well as a smaller FAR in comparison to typical
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surrounding lots. Although the third floor is not stepped back from the rear setback line, it
is offset by 15 feet from the first and second floors, which meets the intention of providing
articulation and avoiding a large vertical plane. There is no deviation in height and the
project’s overall height and mass are similar to many residences within the same block.
The facts in support of the required findings and all recommended conditions of approval
are presented in the draft resolution (Attachment No. PC 1).
The following alternatives are available to the Planning Commission should they feel the
facts are not in evidence of support for the project application:
1. The Planning Commission may require changes to the project to alleviate any
concerns related to the design or the ability to make the required findings. If the
changes are substantial, the item should be continued to a future meeting to allow
the applicant to make the necessary adjustments and to allow staff to prepare a
revised resolution incorporating new findings and/or conditions.
2. If the Planning Commission believes that there are insufficient facts to support the
findings for approval, the Planning Commission may deny the application and provide
facts in support of denial and allow staff to prepare a revised resolution for denial of
the project.
Environmental Review
This project is 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, 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
one single-family residence. The project is a demolition of an existing single-family
residence and the construction of a new single-family residence located within the Single-
Unit Residential (R-1) Zoning District and Single-Unit Residential (R-1) Coastal Zoning
District.
The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines 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.
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
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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
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:
__________________________
David S. Lee, Associate Planner
BMZ\dlee
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Applicant’s Project Description and Justification
PC 3 Correspondence from 704 West Ocean Front
PC 4 Project Plans
20
Attachment No. PC 1
Draft Resolution with Findings and Conditions
21
INTENTIONALLY BLANK PAGE22
RESOLUTION NO. PC2023-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL
DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION
OF A NEW SINGLE-FAMILY RESIDENCE WITH A VARIANCE TO
ALLOW ENCROACHMENTS INTO THE REAR SETBACK, AND
ENCROACHMENT INTO THE THIRD FLOOR STEPBACK, AND
EXCEEDANCE OF THE MAXIMUM FLOOR AREA LIMIT FOR THE
PROPERTY LOCATED AT 700 WEST OCEAN FRONT (PA2022-
0172)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brion Jeannette Architecture (“Applicant”), on behalf of Evan
and Bryn Thomas (“Owner”), with respect to property located at 700 West Ocean Front,
and legally described as the easterly 42 feet of Lots 3, 4 and 5 of Block 8 (“Property”),
requesting approval of a variance and coastal development permit.
2. The Applicant proposes demolition of an existing single-family residence and construction
a new 2,776 square foot single-family residence with an attached 532 square foot two car
garage which require the following approvals:
• Coastal Development Permit (“Coastal Development Permit”)
• Variance (“Variance”) - Rear Setback: Request for the first and second floor to
encroach six feet into the required 10-foot rear setback area and for the third floor
open deck and mechanical room to encroach three feet nine inches into the rear
setback;
• Third Floor Step Back: Request for an encroachment of six feet into the required
additional 15 foot third floor stepback, which is measured from the required 10-foot
rear setback line; and
• Floor Area: Request to increase the allowed gross floor area to 3,308 square feet,
where the maximum floor area limit is 3,128 square feet.
3. The Property is categorized 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 designation
is Single Unit Residential Detached (RSD-C) (10.0 – 19.9 DU/AC) and is located within
the Single-Unit Residential (R-1) Coastal Zoning District.
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5. A public hearing was held on February 23, 2023, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the
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
Sections 15303 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. Class 3 exempts the construction of limited numbers of new, small structures, including
one single-family residence. The Project involves the demolition of an existing single-
family residence and construction of a new single-family residence located within the
Single-Unit Residential (R-1) Zoning District and Single-Unit Residential (R-1) Coastal
Zoning District.
3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines 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 Section 20.52.090(F) (Variances – Findings and Decision) of the NBMC,
the following findings and facts in support of the variance for the setback, third floor stepback,
and floor area are set forth herein:
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 has a unique orientation compared to neighboring lots along 7th Street.
The Property and surrounding area were originally subdivided in 1904 as part of the
East Newport Tract. The subdivision included five lots on the eastern portion of Block 8,
on 7th Street between West Balboa Boulevard and West Ocean Front. All five lots faced
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7th Street to the east. Subsequent to the original subdivision, portions of Lots 3, 4, and
5 were combined and reoriented to provide two lots facing West Ocean Front, one of
which is the Property. As a result, the Property does not have alley access and maintains
vehicular access from 7th Street, which is the only accessible side of the Property other
than from the West Ocean Front boardwalk.
2. Typical Single-Unit Residential (R-1) lots surrounding the Property abut an alley and are
only subject to a five-foot rear alley setback. However, the Property is atypical due to
the reorientation and currently abuts a residence to the rear instead of an alley. Of the
23 lots located within Block 8, only the Property and 726 West Ocean Front (which
similarly abuts 8th Street) do not have alley access. The remaining 21 lots have alley
access in addition to a frontage abutting a street. These lots are subject to a five-foot
rear alley setback whereas the Property is subject to a 10-foot rear setback. The 10-foot
rear setback, in addition to the eight-foot front setback, disproportionately impacts the
ability to develop the Property with a similar floor area ratio (“FAR”) when compared to
surrounding properties.
3. The Property is shallower than the typical lots in the surrounding neighborhood. The
Property is 64 feet deep, whereas the typical lot depth is 70 feet. The unique depth and
orientation of the Property do not generally apply to other properties in the vicinity under
the same Single-Unit Residential (R-1) zoning classification.
Finding:
B. Strict compliance with Title 20 (Planning and Zoning) of the NBMC requirements would
deprive the Property of privileges enjoyed by other properties in the vicinity and under
an identical zoning classification.
Facts in Support of Finding:
1. Strict compliance with Title 20 (Planning and Zoning) of the NBMC (“Title 20”) results in
a larger area dedicated to setbacks when compared to surrounding typical lots. With the
Property’s current setback configuration, 41 percent of the lot is dedicated to the
required setbacks. Surrounding typical properties have an approximate setback
dedication of 33 percent.
2. Strict compliance with Title 20’s FAR requirements would deprive the Property of
constructing a residence with similar FAR when compared to neighboring lots. The
required maximum floor area of the Property yields a FAR of 1.16, which is
approximately 12 percent less than what is allowed on lots with typical configurations in
the surrounding neighborhood and identical zoning classification. The Project proposes
an FAR of 1.32, which is identical to 1.32 FAR of surrounding typical lots. The overall
FAR range of lots within the vicinity are from 1.21 to 1.46. The deviation from floor area
would allow for the Project to have a similar FAR to surrounding residences.
3. Strict compliance with Section 20.48.180 of the NBMC requirements for the third-floor
step back from the rear setback line would result in a constrained third floor, as there
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would only be 16 feet of buildable depth. Section 20.48.180 of the NBMC requires third
floors to be stepped back an additional 15 feet from the front and rear setback lines.
While the Project provides a compliant 15-foot stepback from the eight-foot front setback
line for a total of 23 feet from the front property line, the Applicant proposes a 15-foot
stepback from the six-foot rear encroachment line instead of the required 10-foot
setback line. This provides a total stepback of 19 feet from the rear property line, which
is sufficient distance to reduce the scale and mass of the third floor. A typical lot with a
five-foot rear setback and 15 foot third-floor stepback results in a third floor that is 20
feet from the rear property line, which is comparable to the Project’s 19-foot stepback.
The third floor is a modest sized 263 square feet and designed to be accessed by an
interior staircase which is in the same location on all three floors. Compliance with Title
20 would necessitate the relocation of the third floor and a substantial re-design of the
Project to relocate the staircase.
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. Granting of the Variance for the Project allows the Applicant to construct a residence
that has sufficient and appropriate setbacks and third-floor step backs, as well as a
similar FAR with surrounding residences.
2. All Facts in Support of Finding B above are incorporated herein by reference.
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.
Facts in Support of Finding:
1. Approval of the Variance allows the Applicant to develop a 3,308 square foot residence
that is comparable in size, height, and setbacks with the development on other lots in
the surrounding area that are identically zoned.
2. The request to increase the floor area above the maximum allowed by the NBMC
creates an FAR of 1.32, which is not a special privilege as it is consistent with the
limitations on other properties in the vicinity. The FAR range in the surrounding area is
between 1.21 to 1.46, while typical lots have an FAR of 1.32.
3. Due to the reorientation of the Property, the rear abuts a residence instead of an alley,
which requires a 10-foot rear setback. However, since the front entrance of the Project
faces 7th Street, the rear setback would function as the Project’s side yard. The request
to encroach six feet into the required 10-foot rear setback results in a cumulative side
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separation of seven feet between structures, which exceeds the typical six-foot
separation between residential properties in the vicinity. The required 10-foot rear
setback creates an excessive separation between the Project’s side entry and the
neighboring lot, resulting in a smaller buildable footprint and an FAR that is less than
typical lots in the surrounding area.
4. Properties of similar lot width are required to provide an additional 15-foot stepbacks
from the front and rear setback lines for third-floor areas. The Project provides a
compliant 15-foot stepback from the front setback line, and provides a 15-foot stepback
from the proposed line of the encroachment. The Project meets the intention of reducing
bulk and mass of the structure by stepping the third floor 15 feet back relative to the first
two levels.
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. Fact 2 in Support of Finding B above is incorporated herein by reference.
2. All Facts in Support of Finding D above are incorporated herein by reference.
3. The existing residence is nonconforming, as it does not provide on-site garage parking.
The Project provides a compliant two-car garage. Although this results in a curb cut on
7th Street and results in the loss of one on-street public parking space, it provides a two-
car garage as required by Chapter 20.40 (Off-Street Parking) of the NBMC and helps to
remove the residents’ vehicles from on-street public parking in the area.
4. Due to the orientation of the Property, the rear setback functions as a side yard and
abuts the side property line of the adjacent property at 105 7th Street. NBMC Section
20.48.180 requires an additional two-foot side step back from the side setback line for
third-floor areas. Since the re-orientation created a rear setback instead of a side, the
Project provides a 15 foot third-floor stepback from the first two floors, resulting in a third
floor that is 19 feet from the side property line of the neighbor, where a typical lot
stepback for a third floor is five feet from a neighboring side property line.
Finding:
F. Granting of the variance will not be in conflict with the intent and purpose of this section,
Title 20 (Planning and Zoning) of the NBMC, the General Plan, or any applicable specific
plan.
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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 provides similar setbacks for the Property consistent with the
surrounding development.
3. The Variance request provides a maximum FAR that is consistent with neighboring lots
of similar size, located within the same zoning designation.
4. The Property is not located within a specific plan area.
Coastal Development Permit
In accordance with Subsection 21.52.015(F) (Coastal Development Permits - Findings and
Decision) of the NBMC, the following findings and facts in support of the Coastal Development
Permit are set forth herein:
Finding:
G. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The deviations to the rear setback and floor area allow for a development that is
compatible in design, bulk, and scale of the surrounding residences on West Ocean
Front, 7th Street, and West Balboa Boulevard.
2. The deviations comply with Section 21.52.090 (Relief from Implementation Plan
Development Standards, Variances) of the NBMC, which allows for waiver or
modification of certain standards of Title 21 (Local Coastal Program Implementation
Plan) because of special circumstances including location. The requested
encroachment into the rear setback is appropriate as the Property was previously
reoriented to face West Ocean Front. This resulted in the loss of alley access and an
increased rear setback requirement which is larger than typical lots in the surrounding
neighborhood. The requested increase in floor area allows for the Project to be within
the range of neighboring properties’ FAR and does not result in a structure that is out of
character with the surrounding neighborhood.
3. Additional facts are provided in Findings I though O, below.
4. A Coastal Hazards Report was prepared by Geosoils, Inc. on July 7, 2022 (“Geosoils
Report”). The Project is separated from the water by a wide sandy beach. The Property
is approximately 590 feet from the mean high tide line. The Geosoils Report concludes
that the highest high tide elevation (currently 7.7 feet based on the North American
Vertical Datum of 1988 [NAVD 88]) will not exceed 10.9 feet (NAVD 88) using the low-
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risk aversion projected sea level rise (3.2-foot increase) over the 75-year design life of
the structure based on estimates for sea level rise provided by the State of California
Sea-Level Rise Guidance 2018. The estimated sea level rise over the next 75 years,
using the Medium-High Risk Aversion, is potentially six feet (13.7 feet NAVD 88).
Additionally, the Property has not historically been subject to any wave overtopping, nor
is overtopping waters over the next 75 years expected to reach the Property, even under
extreme conditions. Based on the data provided, the Geosoils Report provides no
recommendations necessary for shoreline protection devices and concludes that coastal
hazards will not impact the Property over the next 75 years, as the Project has minimal
risk from flooding.
5. With the exception of the Variance request, the Project complies with applicable
residential development standards including, but not limited to, front and side setbacks,
building height, open space, and parking:
a. An eight-foot setback is required from the front property line along West Ocean
Front and four-foot setbacks are required from both side property lines. The
Project provides an eight-foot front setback as well as both required four-foot side
setbacks.
b. The height limits for the Property are 24 feet for a flat roof and 29 feet for a sloping
roof. The Project includes a third-floor deck rail under 24 feet and a sloping roof
at 29 feet from established grade.
c. A minimum of 265 square feet of open volume area is required and the Project
provides 296 square feet.
d. A two-car garage is required since the project does not exceed 4,000 square feet
of livable floor area. The Project provides a two-car garage.
6. The Property is located in an area known for the potential of seismic activity and
liquefaction and is required to comply with the California Building Code (“CBC”) and
City’s Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance
of building permits. Permit issuance is also contingent on the inclusion of design
mitigation identified in the investigations. Construction plans are reviewed for
compliance with approved investigations and CBC prior to building permit issuance.
7. The Property is located adjacent to the West Ocean Front boardwalk near the beach.
The site is approximately 1,000 feet from the beach on West Bay Avenue between 9th
and 10th Street, which is designated by the CLUP as a public viewpoint. Additionally, the
Property is approximately 3,000 feet from the Balboa Pier and 3,500 feet from Veterans
Memorial Park, which are also designated as public viewpoints. The Property is visible
from various locations along the public boardwalk and from the beach but does not
further disrupt public views of the ocean from West Balboa Boulevard since there is
existing development in front of the beach. There are no existing public views through
the Property to the beach. Existing development on the south side of West Balboa
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Boulevard blocks views from the street and alley. Aside from the requested setback and
floor area deviations, the Project complies with all applicable LCP development standards
and maintains a building envelope consistent with the existing neighborhood pattern of
development. Therefore, the project does not have the potential to degrade the visual
quality of the Coastal Zone or result in significant adverse impacts to public views.
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 between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone. The Property does not currently provide
nor inhibit public coastal access. The Property is located in close proximity to public
beach access points, as designated by the CLUP, at the street ends of 7th and 8th
Streets. The Property also abuts the West Ocean Front boardwalk, which is identified
as lateral access by the CLUP. The Project does not encroach onto the boardwalk and
complies with the required eight-foot front setback.
2. The Project consists of the demolition of an existing single-family residence that does
not have any on-site parking and the construction of a new single-family residence with
an attached two-car garage accessed from 7th Street. This results in a new curb cut.
Although this removes approximately 16 feet of curb for public parking, the new
complaint garage will allow the residents to park their vehicles on-site thereby removing
them from the street and potentially freeing up additional on-street public parking.
Access to the beach remains available through the multiple street ends nearby.
Therefore, the Project will not impact public access to local coastal resources.
Coastal Variance
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 (setback encroachment) of the Implementation Plan only after making all of the
following findings:
Finding:
I. The Planning Commission has considered the following:
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
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resources.
Facts in Support of Finding:
1. Facts 1 and 2 in Support of Finding A above are incorporated herein by reference.
2. Facts 1 and 2 in Support of Finding B above are incorporated herein by reference.
3. Facts in Support of Findings G and H above are incorporated herein by reference.
4. An alternative would be to construct the residence with a compliant 10-foot rear setback.
However, this would reduce the Property’s FAR to 1.16, which is approximately 12
percent lower than surrounding lots with typical orientation. Additionally, this creates a
13-foot separation between the sides of the residential structures, where typically a six-
foot separation is adequate to provide necessary light and air. The Project includes a
four-foot rear setback, which results in a cumulative seven-foot separation between
properties.
5. There are no coastal resources to protect on the Property.
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.
Fact in Support of Finding:
Facts in Support of Finding A above are incorporated herein 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 incorporated herein 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.
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Fact in Support of Finding:
1. 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.
2. Facts in support of Finding H above is incorporated herein by reference.
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:
Fact 6 in Support of Finding G above is incorporated herein by reference.
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 Project consists of the demolition of an existing single-family residence and construction
of a new single-unit residence. There are no coastal resources on the Property. Since all
development is within private property, there will not be an adverse effect to the beachfront or
any 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:
Facts in Support of Finding G above are incorporated herein by reference.
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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
15303 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 a Variance and
Coastal Development Permit, subject to the conditions set forth in Exhibit “A,” which is
attached hereto and incorporated herein 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) and Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the
City may be appealed to the Coastal Commission in compliance with Section 21.64.035
(Appeal to the Coastal Commission) of the NBMC, Title 14 California Code of Regulations,
Sections 13111 through 13120, and Section 30603 of the California Public Resources
Code.
PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF FEBRUARY 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Curtis Ellmore, Chairman
BY:_________________________
Sarah Klaustermeier, Secretary
Attachment(s): Exhibit A – Conditions of Approval
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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 building elevations, and renderings stamped and dated with the date of this approval
(except as modified by applicable conditions of approval).
2. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. The Variance and Coastal Development Permit shall expire unless exercised within 24
months from the date of approval as specified in Sections 20.54.060 and 21.54.060 of the
NBMC, unless an extension is otherwise granted by the Community Development Director.
5. This Variance and Coastal Development Permit may be modified or revoked by the
Planning Commission should they determine that the proposed 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. 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.
7. Before the final building permit inspection, 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.
8. 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
the City from such hazards, and to indemnify and hold harmless City, its City Council, its
boards and commissions, officials, officers, employees, and agents from and against any
claims, demands, obligations, damages, actions, causes of action, suits, losses,
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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
the development. This letter shall be scanned into the plan set before building permit
issuance.
9. 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 and noninvasive plantings and water efficient irrigation practices, and
the plans shall be approved by the Planning Division.
10. Prior to issuance of a building permit, the Owner shall abandon any existing private
utilities that are located under the existing structure at 704 West Ocean Front and install
new private utilities that are not located under any structures. The Owner shall obtain
an easement for the private utility across 704 West Ocean Front. In the case that an
easement is not obtained, the Owner shall be responsible for all required connections
and/or upgrades to utility systems (e.g., water, sewer, electrical, gas, cable, etc.) directly
from the public right-of-way to accommodate the project.
11. 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 for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
12. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
13. 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
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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.
14. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the Project. Stock piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
15. Trash and debris shall be disposed in proper trash and recycling receptacles at the end
of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
16. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
17. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
18. 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 Coastal
Development Permit.
19. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
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. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
22. All noise generated by the proposed 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
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Planning Commission Resolution No. PC2023-008
Page 15 of 17
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
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 Thomas Residence including, but not limited to, a Variance and Coastal
Development Permit (PA2022-0172). 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.
Fire Department
24.Dwelling units shall be protected by a fire sprinkler system (NFPA 13D).
25.Single or multiple-station smoke alarms shall be installed and maintained in Groups R-
3 regardless of occupant load at all of the following locations:
a.On the ceiling or wall outside of each separate sleeping area in the immediate
vicinity of bedrooms.
b.In each room used for sleeping purposes.
c.In each story within a dwelling unit, including basements but not including crawl
spaces and uninhabitable attics. In dwellings or dwelling units with split levels and
without an intervening door between the adjacent levels, a smoke alarm installed
on the upper level shall suffice for the adjacent lower level provided that the lower
level is less than one full story below the upper level.
Building Division
26.The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
37
Planning Commission Resolution No. PC2023-008
Page 16 of 17
27.The Applicant shall employ the following best available control measures (“BACMs”) to
reduce construction-related air quality impacts:
Dust Control
•Water all active construction areas at least twice daily.
•Cover all haul trucks or maintain at least two feet of freeboard.
•Pave or apply water four times daily to all unpaved parking or staging areas.
•Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
•Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
•Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
•Require 90 day low-NOx tune-ups for off road equipment.
•Limit allowable idling to 30 minutes for trucks and heavy equipment.
Off-Site Impacts
•Encourage carpooling for construction workers.
•Limit lane closures to off-peak travel periods.
•Park construction vehicles off traveled roadways.
•Wet down or cover dirt hauled off-site.
•Sweep access points daily.
•Encourage receipt of materials during non-peak traffic hours.
•Sandbag construction sites for erosion control.
Fill Placement
•The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
•Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six (6) inch surface layer, subject to review/discretion of the geotechnical
engineer.
28.A fire-rated wall at the property line shall go from the foundation to the roof sheathing
and project to the furthest portion of the building from along the property line.
29.Any chimney shall be a minimum of two feet clear from the adjacent property line.
Public Works Department
32.All improvements shall be constructed as required by Ordinance and the Public Works
Department.
33.An encroachment permit shall be required for all work activities within the public right-
of-way.
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Planning Commission Resolution No. PC2023-008
Page 17 of 17
34. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way could be
required at the discretion of the Public Works Inspector.
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Attachment No. PC 2
Applicant’s Project Description and Justification
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470 Old Newport Blvd • Newport Beach, CA 92663 • T: 949.645.5854 F: 949.645.5983 Members AIA & NCARB • www.customarchitecture.com
Energy Conscious Design
Variance Request – 700 W. Ocean Front (Thomas Residence)
Project Description:
Demolish an existing single family residence and construct a new 3‐story 2,782 square foot single family
residence with an attached 526 square foot 2‐car garage. The application also includes a request for a
reduced rear yard setback from the code required 10‐foot setback to a 4‐foot setback.
The maximum floor area limitation is 3,128 square feet without the reduced rear yard setback and 3,536
square feet with the proposed reduced rear yard set back. The total proposed floor area including
garage is 3,308 square feet.
Variance Justification
1. There are special or unique circumstances or conditions applicable to the subject property (e.g.
location, shape, size, surrounding, topography, or other physical features) that do not apply
generally to other properties in the vicinity under an identical zoning classification;
The subject property at 700 W. Ocean Front was originally subdivided in 1904 and oriented east towards
7th Street. Subsequently, this lot and the one at 704 were reoriented to face West Ocean Front, creating
a side yard condition at the “rear” of the property next to 105 7th Street (see Exhibit B). This created a
unique condition requiring the necessity for vehicular access from the side yard at 7th Street to meet the
city required on‐site parking requirement. This is different than the majority of properties in the vicinity
in that most have alley access (see Exhibit A), while the subject property does not have an alley for
vehicular access nor does it have street access on the other three sides of the property.
2. Strict compliance with Zoning Code requirements would deprive the subject property of
privileges enjoyed by other properties in the vicinity and under and identical zoning
classification;
The current 10’‐0” rear yard setback is not a typical setback for R‐1 properties on the peninsula where
typical lots’ rear setbacks range from 0’‐0” to 5’‐0”. In addition, the property immediately to the west
was granted a Variance to build to within 3’‐0” of the rear property line (see Exhibit B). Strict application
of current Zoning Code requirements results in a rear yard setback greater than and a floor area limit
lower than other properties in the vicinity which would deprive the property owner to build a house that
is similar and compatible in design, bulk, and scale with the development of other lots in the vicinity
within an identical zoning classification.
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470 Old Newport Blvd • Newport Beach, CA 92663 • T: 949.645.5854 F: 949.645.5983 Members AIA & NCARB • www.customarchitecture.com
Energy Conscious Design
3. Granting of the Variance is necessary for the preservation and enjoyment of substantial
property rights of the applicant;
Strict compliance with current Zoning Code requirements results in an incompatible FAR for the lot
when compared with other lots in the immediate vicinity (see Exhibit C) and therefore the granting of a
variance to the rear yard setback is necessary for the preservation and enjoyment of substantial
property rights of the property owner. In addition, other properties in the vicinity with the same zoning
have been granted variances to their setbacks.
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;
The granting of this variance will provide this property with the same privileges that are enjoyed by
other properties in the vicinity in that the requested maximum floor area of 3,536 square feet would
result in a FAR of 1.32. This would be consistent with and lower than other properties in the vicinity and
within the same zone as shown on Exhibit C. The 10‐foot Code required rear setback, in addition to the
8‐foot front setback, disproportionately impacts the property owner’s ability to develop the property.
5. Granting of the Variance will not be detrimental to the harmonious and orderly growth of the
City, or 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;
The existing house does not offer off‐street parking. The granting of the variance will allow the
proposed project to provide two off‐street plus a golf cart parking to meet city’s code requirement and
help alleviate street parking demand in the neighborhood. Furthermore, the granting of the Variance to
the rear yard setback will not increase the density beyond what is planned for the area, will not result in
additional traffic, and will not impact the flow of air and light to adjoining properties.
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.
The granting of this Variance is consistent with the intent of the General Plan, Zoning Code, and Coastal
Land Use Plan as it would not increase the density beyond what is planned for the area, will not impact
the designated public views, is compatible with the neighborhood, and consistent with general side yard
setback requirements in the area.
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470 Old Newport Blvd • Newport Beach, CA 92663 • T: 949.645.5854 F: 949.645.5983 Members AIA & NCARB • www.customarchitecture.com
Energy Conscious Design
COASTAL DEVELOPMENT CONSIDERATIONS:
1. Whether or not the development is consistent with the certified Local Coastal Program to the
maximum extent feasible.
The proposed development is consistent with the certified Local Coastal Program in that the proposed
building envelope is consistent with the applicable coastal development standards and does not
increase the density beyond what is planned for the area.
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.
The existing residential lot does not currently provide nor inhibit public coastal access. The proposed
development will not impact existing public access and view to shoreline. There are no feasible
alternatives that would provide greater consistency with the certified Local Coastal Program.
COASTAL DEVELOPMENT 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
Same response as variance justification #1.
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.
Same response as variance justification #1 and #2.
3. The modification or variance complies with the findings required to approve a coastal
development permit in Section 21.52.015(F).
The variance complies to all applicable sections of the certified Local Coastal Program and Chapter 3 of
the Coastal Act in that it does not impede existing public coastal access and recreation.
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470 Old Newport Blvd • Newport Beach, CA 92663 • T: 949.645.5854 F: 949.645.5983 Members AIA & NCARB • www.customarchitecture.com
Energy Conscious Design
4. The modification or 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 existing residential lot with an existing single family residence does not currently provide nor inhibit
public coastal access. The proposed development is replacing the existing home within the subject lot
and will not impede the existing West Ocean Front boardwalk nor public access to and along the sea or
shoreline and to coastal parks, trails, or coastal bluffs.
5. The modification or 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 subject property is located on a lot north of West Ocean Front coastal boardwalk, a wide sandy
beach that is approximately 650 feet wide, and the Pacific Ocean. The granting of the variance for the
reduced side yard setback occurs on the north side of the subject property, adjacent to another single
family residence and will not impact public coastal views from West Ocean Front boardwalk.
6. The modification or 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 existing residential lot is not currently in or adjacent to a sensitive habitat or wetland area. The
residential development will not have adverse impacts to the 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.
The granting of the variance will not be in conflict with the Implementation Plan nor the certified Local
Coastal Program in that it complies with applicable coastal zoning district and coastal development
standards.
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48
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Attachment No. PC 3
Correspondence from 704 West Ocean Front
51
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From: Brion Jeannette <BrionJ@bja-inc.com>
Sent: November 28, 2022 10:31 AM
To: Jean Franks
Cc: Lee, David; Thomas; bryn.home@gmail.com; elblurito@gmail.com
Subject: RE: 704 W Oceanfront proposed sewer easement request
Attachments: Exhibit A - Proposed Utility Easement.pdf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Jean, thank you very much!
WE have engaged Apex Engineering to prepare the documents.
David Lee is copied on this string of emails as well.
Brion
Brion Jeannette Architecture
Custom Architecture │ Energy Efficient Design
California Architectural License: #8012
470 Old Newport Blvd.
Newport Beach, CA 92663
T: 949.645.5854 ext. 212 F: 949.645.5983
brionj@bja-inc.com www.customarchitecture.com
Creating Distinctive Homes for Distinctive Clients
From: Jean Franks <jeanfrankscpa@gmail.com>
Sent: Saturday, November 26, 2022 2:14 PM
To: Brion Jeannette <BrionJ@bja-inc.com>
Subject: 704 W Oceanfront proposed sewer easement request
Brion, Please forward to David lee as I do not have his email address. Thank you.
Dear Mr. David Lee
I have reviewed the request from Evan Thomas to abandon, disconnect and cap the
existing sewer line to 700 W Oceanfront, that presently runs under my home. I agree to
the relocation to the sewer, gas and water and other utilities to the northerly (rear) 3’
53
setback of my parcel. An easement document will be provided prior to the public
hearing and recorded as quickly as the County of Orange can process it.
Jean Franks
704 W Oceanfront
Newport Beach, CA 92661
909.560.9937
54
Attachment No. PC 4
Project Plans
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Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Chair Ellmore and Members of the Planning Commission
From: David Lee, Associate Planner
Date: February 21, 2023
Re: Item No. 2: Thomas Residence Floor Area Corrections (PA2022-0172)
________________________________________________________________
Staff has found that the published Staff Report and Draft Resolution contain
incorrect descriptions of the proposed project's floor area numbers. The requested
Variance includes a request for a 152-square-foot increase in the maximum
allowed gross floor area from 3,128 square feet to 3,280 square feet (1.22 floor-
area-to-land ratio). The proposed third floor is 235 square feet, and the project
includes 259 square feet of open volume area.
Pages 1 and 10 (Handwritten Pages 1 and 12) of the Staff Report and Pages 1, 3,
4, and 7 (Handwritten Pages 23, 25, 26, and 29) of the Draft Resolution have been
revised to reflect the correct numbers (attached).
Planning Commission - February 23, 2023 Item No. 2a - Additional Materials Received from Staff Thomas Residence (PA2022-0172)
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
February 23, 2023
Agenda Item No. 2
SUBJECT: Thomas Residence (PA2022-0172)
▪Variance
▪Coastal Development Permit
SITE LOCATION: 700 West Ocean Front
APPLICANT: Brion Jeannette Architecture
OWNER: Evan and Bryn Thomas
PLANNER: David Lee, Associate Planner
949-644-3225, dlee@newportbeachca.gov
PROJECT SUMMARY
The applicant requests a coastal development permit to demolish an existing single-family
residence and construct a new 2,748-square-foot single-family residence with an attached
532-square-foot two-car garage. Additionally, the Applicant requests a variance for the
following deviations from the development standards of the Newport Beach Municipal Code
(NBMC):
1.Rear Setback: Request for the first and second floor to encroach six (6) feet into the
required 10-foot rear setback area and for the third-floor open deck and mechanical
well to encroach 3 feet 9 inches into the rear setback;
2.Third-Floor Stepback: Request for an encroachment of six (6) feet into the required
additional15-foot third-floor stepback, which is measured from the required 10-foot
rear setback line; and
3.Floor Area: Request for a 128 152 square foot increase in the maximum allowed
gross floor area from 3,128 square feet to 3,280 square feet.
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
Planning Commission - February 23, 2023 Item No. 2a - Additional Materials Received from Staff Thomas Residence (PA2022-0172)
RESOLUTION NO. PC2023-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL
DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION
OF A NEW SINGLE-FAMILY RESIDENCE WITH A VARIANCE TO
ALLOW ENCROACHMENTS INTO THE REAR SETBACK, AND
ENCROACHMENT INTO THE THIRD FLOOR STEPBACK, AND
EXCEEDANCE OF THE MAXIMUM FLOOR AREA LIMIT FOR THE
PROPERTY LOCATED AT 700 WEST OCEAN FRONT (PA2022-
0172)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Brion Jeannette Architecture (“Applicant”), on behalf of Evan
and Bryn Thomas (“Owner”), with respect to property located at 700 West Ocean Front,
and legally described as the easterly 42 feet of Lots 3, 4 and 5 of Block 8 (“Property”),
requesting approval of a variance and coastal development permit.
2.The Applicant proposes demolition of an existing single-family residence and construction
a new 2,776 2,748 square foot single-family residence with an attached 532 square foot
two car garage which require the following approvals:
•Coastal Development Permit (“Coastal Development Permit”)
•Variance (“Variance”) - Rear Setback: Request for the first and second floor to
encroach six feet into the required 10-foot rear setback area and for the third floor
open deck and mechanical room to encroach three feet nine inches into the rear
setback;
•Third Floor Step Back: Request for an encroachment of six feet into the required
additional 15 foot third floor stepback, which is measured from the required 10-foot
rear setback line; and
•Floor Area: Request to increase the allowed gross floor area to 3,308 3,280 square
feet, where the maximum floor area limit is 3,128 square feet.
3.The Property is categorized 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 designation
is Single Unit Residential Detached (RSD-C) (10.0 – 19.9 DU/AC) and is located within
the Single-Unit Residential (R-1) Coastal Zoning District.
Planning Commission - February 23, 2023 Item No. 2a - Additional Materials Received from Staff Thomas Residence (PA2022-0172)
Planning Commission Resolution No. PC2023-008
Page 3 of 17
7th Street to the east. Subsequent to the original subdivision, portions of Lots 3, 4, and
5 were combined and reoriented to provide two lots facing West Ocean Front, one of
which is the Property. As a result, the Property does not have alley access and maintains
vehicular access from 7th Street, which is the only accessible side of the Property other
than from the West Ocean Front boardwalk.
2.Typical Single-Unit Residential (R-1) lots surrounding the Property abut an alley and are
only subject to a five-foot rear alley setback. However, the Property is atypical due to
the reorientation and currently abuts a residence to the rear instead of an alley. Of the
23 lots located within Block 8, only the Property and 726 West Ocean Front (which
similarly abuts 8th Street) do not have alley access. The remaining 21 lots have alley
access in addition to a frontage abutting a street. These lots are subject to a five-foot
rear alley setback whereas the Property is subject to a 10-foot rear setback. The 10-foot
rear setback, in addition to the eight-foot front setback, disproportionately impacts the
ability to develop the Property with a similar floor area ratio (“FAR”) when compared to
surrounding properties.
3.The Property is shallower than the typical lots in the surrounding neighborhood. The
Property is 64 feet deep, whereas the typical lot depth is 70 feet. The unique depth and
orientation of the Property do not generally apply to other properties in the vicinity under
the same Single-Unit Residential (R-1) zoning classification.
Finding:
B.Strict compliance with Title 20 (Planning and Zoning) of the NBMC requirements would
deprive the Property of privileges enjoyed by other properties in the vicinity and under
an identical zoning classification.
Facts in Support of Finding:
1.Strict compliance with Title 20 (Planning and Zoning) of the NBMC (“Title 20”) results in
a larger area dedicated to setbacks when compared to surrounding typical lots. With the
Property’s current setback configuration, 41 percent of the lot is dedicated to the
required setbacks. Surrounding typical properties have an approximate setback
dedication of 33 percent.
2.Strict compliance with Title 20’s FAR requirements would deprive the Property of
constructing a residence with similar FAR when compared to neighboring lots. The
required maximum floor area of the Property yields a FAR of 1.16, which is
approximately 12 percent less than what is allowed on lots with typical configurations in
the surrounding neighborhood and identical zoning classification. The Project proposes
an FAR of 1.32 1.22, which is identical to less than the 1.32 FAR of surrounding typical
lots. The overall FAR range of lots within the vicinity are from 1.21 to 1.46. The deviation
from floor area would allow for the Project to have a similar FAR to surrounding
residences.
3.Strict compliance with Section 20.48.180 of the NBMC requirements for the third-floor
Planning Commission - February 23, 2023 Item No. 2a - Additional Materials Received from Staff Thomas Residence (PA2022-0172)
Planning Commission Resolution No. PC2023-008
Page 4 of 17
step back from the rear setback line would result in a constrained third floor, as there
would only be 16 feet of buildable depth. Section 20.48.180 of the NBMC requires third
floors to be stepped back an additional 15 feet from the front and rear setback lines.
While the Project provides a compliant 15-foot stepback from the eight-foot front setback
line for a total of 23 feet from the front property line, the Applicant proposes a 15-foot
stepback from the six-foot rear encroachment line instead of the required 10-foot
setback line. This provides a total stepback of 19 feet from the rear property line, which
is sufficient distance to reduce the scale and mass of the third floor. A typical lot with a
five-foot rear setback and 15 foot third-floor stepback results in a third floor that is 20
feet from the rear property line, which is comparable to the Project’s 19-foot stepback.
The third floor is a modest sized 263 235 square feet and designed to be accessed by
an interior staircase which is in the same location on all three floors. Compliance with
Title 20 would necessitate the relocation of the third floor and a substantial re-design of
the Project to relocate the staircase.
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.Granting of the Variance for the Project allows the Applicant to construct a residence
that has sufficient and appropriate setbacks and third-floor step backs, as well as a
similar FAR with surrounding residences.
2.All Facts in Support of Finding B above are incorporated herein by reference.
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.
Facts in Support of Finding:
1.Approval of the Variance allows the Applicant to develop a 3,308 3,280 square foot
residence that is comparable in size, height, and setbacks with the development on
other lots in the surrounding area that are identically zoned.
2.The request to increase the floor area above the maximum allowed by the NBMC
creates an FAR of 1.32 1.22, which is not a special privilege as it is consistent with the
limitations on other properties in the vicinity. The FAR range in the surrounding area is
between 1.21 to 1.46, while typical lots have an FAR of 1.32.
3.Due to the reorientation of the Property, the rear abuts a residence instead of an alley,
which requires a 10-foot rear setback. However, since the front entrance of the Project
faces 7th Street, the rear setback would function as the Project’s side yard. The request
Planning Commission - February 23, 2023 Item No. 2a - Additional Materials Received from Staff Thomas Residence (PA2022-0172)
Planning Commission Resolution No. PC2023-008
Page 7 of 17
Vertical Datum of 1988 [NAVD 88]) will not exceed 10.9 feet (NAVD 88) using the low-
risk aversion projected sea level rise (3.2-foot increase) over the 75-year design life of
the structure based on estimates for sea level rise provided by the State of California
Sea-Level Rise Guidance 2018. The estimated sea level rise over the next 75 years,
using the Medium-High Risk Aversion, is potentially six feet (13.7 feet NAVD 88).
Additionally, the Property has not historically been subject to any wave overtopping, nor
is overtopping waters over the next 75 years expected to reach the Property, even under
extreme conditions. Based on the data provided, the Geosoils Report provides no
recommendations necessary for shoreline protection devices and concludes that coastal
hazards will not impact the Property over the next 75 years, as the Project has minimal
risk from flooding.
5.With the exception of the Variance request, the Project complies with applicable
residential development standards including, but not limited to, front and side setbacks,
building height, open space, and parking:
a.An eight-foot setback is required from the front property line along West Ocean
Front and four-foot setbacks are required from both side property lines. The
Project provides an eight-foot front setback as well as both required four-foot side
setbacks.
b.The height limits for the Property are 24 feet for a flat roof and 29 feet for a sloping
roof. The Project includes a third-floor deck rail under 24 feet and a sloping roof
at 29 feet from established grade.
c.A minimum of 235265 square feet of open volume area is required and the Project
provides 296 259 square feet.
d.A two-car garage is required since the project does not exceed 4,000 square feet
of livable floor area. The Project provides a two-car garage.
6.The Property is located in an area known for the potential of seismic activity and
liquefaction and is required to comply with the California Building Code (“CBC”) and
City’s Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance
of building permits. Permit issuance is also contingent on the inclusion of design
mitigation identified in the investigations. Construction plans are reviewed for
compliance with approved investigations and CBC prior to building permit issuance.
7.The Property is located adjacent to the West Ocean Front boardwalk near the beach.
The site is approximately 1,000 feet from the beach on West Bay Avenue between 9th
and 10th Street, which is designated by the CLUP as a public viewpoint. Additionally, the
Property is approximately 3,000 feet from the Balboa Pier and 3,500 feet from Veterans
Memorial Park, which are also designated as public viewpoints. The Property is visible
from various locations along the public boardwalk and from the beach but does not
further disrupt public views of the ocean from West Balboa Boulevard since there is
existing development in front of the beach. There are no existing public views through
Planning Commission - February 23, 2023 Item No. 2a - Additional Materials Received from Staff Thomas Residence (PA2022-0172)
Thomas Residence
700 West Ocean FrontCoastal Development Permit and Variance
Planning Commission Public Hearing
February 23, 2023
David Lee, Associate Planner
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Vicinity Map
Subject Property (R-1)
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Project Location
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Project Request
•Coastal Development Permit
•Demolish existing nonconforming SFR w/ no parking
•Construct new SFR in Coastal Zone w/ compliant parking
•Variance
•Encroach 6 feet into 10-foot rear setback
•Encroach 6 feet into 15-foot additional third floor stepback
•Increase floor area by 152 square feet (from 3,128 to 3,280)
4
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Proposed Project
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Proposed Project
Development Feature Required Proposed
Setbacks (min.)
Front (South abuttingtheboardwalk)
Rear (North)
Left Side (West)
Right Side (East)
8’
10’
4’
4’
8’
4’ (Variance)
4’
4’
Height(max.)
Flat
Sloping
24’
29’
24’
29’
Open Space (min.)234 sq. ft.259 sq. ft.
FloorArea Limit (max.)3,128 sq. ft.3,280 sq. ft.
(Variance)
Parking (min.)2 garage spaces 2 garage spaces
Third FloorArea (max.)235 sq. ft.235 sq. ft.
Third Floor Stepbacks (min.)
Front
Rear (from thenorth)
Sides
15’
15’
2’
15’
9’ (Variance)
2’
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Variance
•Encroach 6 feet into 10-foot rear setback
•Encroach 6 feet into 15-foot additional third floor stepback
•Increase floor area by 152 square feet (from 3,128 to 3,280)
•Findings (Title 20)
•Special / unique circumstances
•Strict compliance deprives property of privileges
•Necessary for preservation and enjoyment
•Not detrimental to neighborhood
•No conflict with intent and purpose of Title 20 / General Plan
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Lot Re-Orientation
5’ Rear Setback
10’ Rear Setback
(1904)
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Neighborhood Comparison
1.22
1.26
1.42
1.32
1.45
1.291.21
1.39
7’ Encroach.
7’ Encroach.
5’ setback
reduction
1.16
7’ Encroach.
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Neighborhood Compatibility
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Adequate Separation
07thStreetFront Entrance
7’ separation
(Variance)
7’ separation
(No deviation)
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Third Floor Stepback
07thStreet19’ from PL
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Coastal Development Permit
•Required for demolition and construction of project including requested Variance
•Findings
•Conforms to LCP
•Does not block public views/access
•No feasible alternatives more protective of coastal
resources
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Coastal Land Use Plan
Coastal Views Coastal Access
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
7th Street View and Access
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Boardwalk View and Access
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Building Articulation
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Conforming Parking
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Summary of Findings
•Lot has been reoriented
•FAR is within the typical range
•Adequate setbacks provided for light and air
•No encroachments into public view areas
•Compliant parking provided
•Public access maintained on 7th Street and boardwalk
19
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
Recommended Action
20
•Conduct a public hearing;
•Find project exempt from CEQA (Class 3)
•Approve Thomas Residence (PA2022-0172)
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)
21
David Lee, Associate Planner
949-644-3225, dlee@newportbeachca.gov
Planning Commission Public Hearing
February 23, 2023
Planning Commission - February 23, 2023 Item No. 2b - Additional Materials Presented at the Meeting Thomas Residence (PA2022-0172)