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HomeMy WebLinkAboutPA2022-0315_20230518_Modification Permit FindingsBlues 1905, LLC 2741 Ocean Boulevard Modification Permit PA2022-0315 May 17, 2023 1 Modification Permit Findings and Justification Pursuant to Sections 20.52.050 (Modification Permits) and 21.52.090 (Coastal Development Review Procedures) of the Newport Beach Local Coastal Implementation Plan, Blues 1905, LLC requests approval of a modification permit for a portion of a retaining wall that is over 42-inches from existing grade. The retaining wall is part of a front entry stair/access structure located adjacent to Ocean Boulevard. The stairway will provide the owner and guests building and safety code compliant access to the home. Justification and Required Findings Pursuant to Section 20.52.050(E), the Zoning Administrator may approve or conditionally approve a Modification Permit if, on the basis of the application, materials, plans, and testimony (orally and/or in writing) submitted, s/he first finds all of the following: 1. The requested modification will be compatible with existing development in the neighborhood; • Due to the sloping topography seaward of Ocean Boulevard, many properties along Ocean Boulevard have small accessory structures, walls and landscaping that exceed height limits. They are typically low in nature like the requested retaining wall. • Requests for variance and modification permits are not uncommon for the sloping and bluff lots. As a result, many structures have been approved that deviate from development standards due to the topographical and lot shape constraints of the individual lots. The requested modification is similar to those granted to neighboring properties located along the seaward side of Ocean Boulevard in Corona del Mar. 2. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and/or structure, and/or characteristics of the use; • The requested modification is to allow a building and safety code compliant stair access from Ocean Boulevard to the front door of the home. The required 10-foot front yard setback area is comprised of a steep slope from Ocean Boulevard towards the interior of the lot. The steep topography precludes the design of an entry stair that complies both with building and safety codes and zoning standards. Blues 1905, LLC 2741 Ocean Boulevard Modification Permit PA2022-0315 May 17, 2023 2 3. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code; • As discussed, the lot is a sloping bluff lot adjacent to Ocean Boulevard that hinders the design of a building code compliant access to the front door of the home. The design places the location of the access on the opposite side of the property away from Lookout Point. • Processes for reasonable deviations of the zoning standards are in place for lots with steep sloping topography. As such, many developments along Ocean Boulevard have been granted relief for reasonable and necessary deviations in the past due to the steeply sloping topography. • The proposed remodeled home has been designed to ensure all new added floor area complies with applicable development standards. The proposed remodeled residence is over 1,900 square feet smaller that what is allowed to be developed on the lot. By adding to the existing non-conforming structure, the development will be consistent with the pattern of development of other lots on the northwesterly side of Way Lane, many of which are nonconforming and encroach into the required 10-foot setback. This allows for a 1,640 square foot area of the upper portion of the property adjacent to the Lookout Point public access area to remain unbuilt and landscaped to enhance public access and views. 4. There are no alternatives to the Modification Permit, that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public; and • The length of the requested entry stair/retaining wall structure is less than 33-feet 3-inches and wide enough to accommodate a small landing and the stairs leading to the front door of the home. Overall, this is a minor feature given the over 116-foot width of the property and the 10-foot depth of the 1,160 square foot front yard setback area. • The entry feature way has been designed to be located on the northerly side of the property away from Lookout Point. The upper southwesterly portion of the lot, approximately 1,640 square feet adjacent to the Lookout Point public access, will be remain unbuilt to help maintain compatibility with the public access area. • The location of the retaining wall/access will not interfere with views of the shoreline or Pacific Ocean and will enhance the safety features of the front entry stairs. Blues 1905, LLC 2741 Ocean Boulevard Modification Permit PA2022-0315 May 17, 2023 3 5. The granting of the modification would not be detrimental to public health, safety, or welfare to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. • Due to the sloping topography, many homes along Ocean Boulevard have small accessory structures, walls and landscaping that exceed height limits. They are typically low in height in order preserve public views similar to the requested modification. These approved modifications have not proven detrimental to the public health, safety and welfare. • Approval of the deviation will result in access stairs that comply with building and safety regulations and help protect the safety of persons using the stairs. • The proposed design of the access feature will not result in a change to density or intensity on the lot.