HomeMy WebLinkAbout4.0_Duong Remodel and Addition_PA2010-153CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
August 18, 2011
Agenda Item 4
SUBJECT: Duong Remodel and Addition (PA2010 -153)
3002 Breakers Drive
PLANNER: James W. Campbell, Principal Planner
949 - 644 -3210, jampbell@newportbeachca.gov
PLANNING COMMISSION REQUEST
On August 4, 2011, the Planning Commission requested a report on the process for the
approval of a project located at 3002 Breakers Drive. The requested report was in
response to public comments received regarding project approval.
RECOMMENDATION
Review the information provided in this report and direct staff to prepare an amendment
to the Zoning Ordinance for future Planning Commission and City Council consideration
to require public notification of determinations to establish alternative setback areas.
DISCUSSION
The project site is located at the eastern end of Breakers Drive near the main access
ramp to Corona del Mar State Beach. Single family and two family dwellings are located
within the immediate vicinity. The property is presently developed with 1,654- square-
foot, two -story home built in 1957.
The current lot configuration was established with the approval of a parcel map in 1999
(Attachment No. PC 1). At that time, the City amended the Zoning District map to
provide a 5 -foot front yard setback for both lots involved in the subdivision (3000 and
3002 Breakers Drive). In approving the resubdivision and ordinance amendment, the
City made a finding that the lots would be subject to the 10 -foot rear yard setback
standard of the Zoning Ordinance. The staff report also indicates that the width of the lot
is over 48 feet.
On January 7, 2011, the City issued an Approval -in- Concept (AIC) for the remodel and
addition to the existing home. The approved plans will expand the home to 2,693
square feet in total area and it will be three stories. The overall height is consistent with
the maximum of buildings allowed by the Zoning Ordinance. A two -car garage is also
provided.
1+1
Duong Remodel and Addition (PA2010 -153)
August 18, 2011
Page 2
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Duong Remodel and Addition (PA2010 -153)
August 18, 2011
Page 3
On November 29, 2010, the Acting Planning Director approved alternative setback
areas in conjunction with the review of the plans in accordance with Newport Beach
Municipal Code Section 20.30.110.0 (Attachment No. PC 2). Additionally, the Director
made an interpretation that the width of the lot was 30 feet or less for the purpose of
Section 20.48.180.A.3 (maximum area of the third floor) (Attachment No. PC 2). These
two determinations made by the Acting Planning Director are final as no appeal was
filed within the 14 -day appeal period. The applicant has relied upon the determinations
and has prepared final designs that have been submitted to the Coastal Commission
and Building Division. Coastal Commission approval was granted on August 10, 2011,
and the building permit is ready to be issued once the City receives written approval
from the Coastal Commission.
The neighboring property owners, who reside at 3018 Breakers Drive, have expressed
concern about the process to establish alternative setbacks without providing notice to
neighbors. They are also concerned about the size of the third floor proposed by the
applicant.
Alternative Setbacks
Newport Beach Municipal Code Section 20.30.110.0 provides:
"In cases where the orientation of an existing lot and the application of the
setback area are not consistent with the character or general orientation of
other lots in the vicinity, the Director may redefine the location of the front,
side, and rear setback areas to be consistent with surrounding properties.
The reorientation of setback areas is not applicable to the Bluff Overlay
District."
Section 20.30.110.0 was adopted in October of 2010, with the comprehensive update
of the Zoning Ordinance, and the process does not require notification of neighbors.
Staff believes the intent of the process is to provide a streamlined review that does not
require either the Zoning Administrator or Planning Commission review or action.
In 1999, the Zoning Ordinance required a 10 -foot rear yard setback as referenced in the
findings from the 1999 approval of the front yard setback and parcel map. Although the
code - required rear yard setback is referenced as a fact to support the 1999 approvals, it
does not preclude the use of Zoning Ordinance prescribed procedures for seeking relief
from Ordinance requirements by applicants or future decision - makers.
Duong Remodel and Addition (PA2010 -153)
August 18, 2011
Page 4
Lot Width and Section 20.48.180.A.3
The 2010 update of the Zoning Ordinance changed the definition of lot width. The prior
definition was an average of two measurements taken perpendicular to a line drawn
between the midpoint of the front and rear lot lines. The result for 3002 Breakers Drive
is a width slightly larger than 48 feet. The current Zoning Ordinance definition is not an
average of two measurements but is a single measurement at the midpoint of the line
described above. This new definition results in a lot width of approximately 35 feet.
Either definition results in a lot width that is wider than 30 feet. However, due to the
unusual shape of the lot and the location of the existing home, the Acting Planning
Director did not apply either the previous or current definition of lot width and
determined the lot to be less than 30 feet in width. This determination was made
pursuant to Newport Beach Municipal Code Section 20.12.020.A (Rules of
Interpretation) that authorizes the Planning Director to interpret and apply the Zoning
Ordinance.
The width of the lot is important in that it determines the maximum allowable area of a
third floor pursuant to Section 20.48.180.A.3. The limits on third floor area were adopted
in the new Zoning Ordinance due to the corresponding changes in how building height
is measured and the requirement to provide additional open volume to increase building
modulation. On lots that are 30 feet wide or less, the area of the third floor is limited to
20 percent of the buildable area' of the lot. On wider lots, the area of the third floor is
limited to 15 percent of the buildable area of the lot. In the case of the subject property,
20 percent of the buildable area is 361 square feet and 15 percent is 270 square feet
with the difference being 91 square feet. The approved plans for the third level include a
360- square -foot study or bedroom.
Summary
The determinations made by the Acting Planning Director in November of 2010, and the
AIC issued in January of 2011, are final. However, the Commission may request that
the review process for determining alternative setback areas be subject to public
notification. Staff is preparing a clarifying amendment of the recently adopted Zoning
Ordinance and this potential change may be included for consideration.
Public Notice
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item). The property owner,
applicant, and the neighbors who provided the initial public comments were notified of
this meeting.
1 Buildable area is defined as the lot area minus setback areas.
Prepared L�j by:
JkAs W. Campbell, Principal Planner
ATTACHMENTS
Duong Remodel and Addition (PA2010 -153)
August 18, 2011
Page 5
Submitted y:
Kimberly Brandt, At up Director
PC 1 March 4, 1999 staff report to the Planning Commission
PC 2 November 29, 2010, Director Determination
P:\PAs - 2010 \PA2010 - 153 \PA2010- 153_08182011_PC staff report.docx
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ATTCHMENT NO. PC 1
March 4, 1999 staff report to the Planning Commission
W c
CITY OF NEWRr BEACH
me
COMMUNITY and ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92659
(949) 644 -3200; FAX (949) 644 -3250
Agenda Item No.:
Staff Person:
Phone number:
REPORT TO THE PLANNING COMMISSION
SUBJECT: Davidsson Residence (D & L Engineering, applicant)
3000 and 3002 Breakers Drive
March 4, 1999
Eugenia Garcia
(949) 644 -3208
14 Days
PURPOSE OF
APPLICATION: Amendment to revise Districting Map No. 18 to establish a 5 foot front yard
setback on Breakers Drive in conjunction with the resubdivision of two
parcels of land for the purpose of reorienting the front of the lots to Breakers
Drive. An exception to the Subdivision code is also requested because the
interior parcel is less than the required 50 foot lot width and 5,000 sq. ft.
total area for interior lots, and the comer parcel is less than the required 60
foot lot width and 6,000 sq. ft. total area for corner lots.
LOCATION: Lots 28, Block A36; Corona Del Mar Tract and a portion of Parcel 1 of
Parcel Map No. 284 -1.
ACTION: Hold hearing; if desired, adopt Resolution No. recommending to
the City Council approval of:
• Amendment No. 882
• Resubdivision No. 1059
ZONE: R -1
OWNER: Sture and Huong Davidsson, Newport Beach
Points and Authority
• Environmental Compliance (California Environmental Quality Act).
It has been determined that this project is categorically exempt under Class 5 (Minor Alterations
in Land Use Limitations).
® Conformance with the General Plan and Local Coastal Program
The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan
designate the properties for "Single Family" residential use. The subdivision of lots for single
family development is consistent with this designation.
a Amendment procedures are set forth in Section 20.94.020 (B) and Resubdivision requirements
are set forth in Title 19 of the Newport Beach Municipal Code.
a The subject properties are located in the Coastal Zone, therefore, Coastal Commission approval
is required.
Page Intentionally Blank
VICINITY MAPP
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i Subiect Proper-ty-an_d_Surroundina Land Uses
Current Development: The subject property is comprised of two parcels of land occupied by a single
family dwelling on each parcel.
To the north: Across Ocean Blvd., are single family detached dwellings.
To the east: Is a duplex and two - family dwellings
To the south: Is the parking lot for the Corona Del Mar State Beach.
To the west: Across Iris Avenue is a single family dwelling.
A882 and Resubdivision No. 1059
Rbtuory 18, 1999
Page 2
I
Background
The subject property is comprised of two parcels of land that front on Iris Avenue south of Ocean
Blvd. The lots fronting on Iris Avenue were established in conjunction with the. original subdivision
of Corona del Mar in 1904. Both parcels are located in the R -1 District and developed with single
family dwellings that were constructed in 1951 and 1957. The two parcels are in joint ownership,
and both existing dwellings front on and take access from Breakers Drive. The interior lot gains
access by crossing over the rear of the corner lot.
The proposal will include the demolition of a portion of the first and second floors of the 3000
Breakers Drive dwelling, which would allow for a new driveway access to 3002 Breakers Drive
from Breakers Drive. The dwelling on the 3000 Breakers Drive property is approximately 1,959 sq.
ft. and will be reduced to 1,451 sq. ft., while. the dwelling on 3002 Breakers Drive is 1,247 sq. ft.
and is not being altered.
Analysis
The applicant has submitted a request to amend Zoning Districting Map No. 18 to establish a 5 foot
front yard setback on Breakers Drive and to resubdivide the parcels to front on Breakers Drive.
instead of Iris Avenue, which will facilitate vehicular access to the interior lot without crossing over
the corner lot.
The requests present the following issues analyzed in this report: conformance with subdivision
requirements and setbacks.
Conformance With Subdivision Standards
Section 20.60.040 of the Municipal Code states, "Any lot or parcel of land under one ownership
and of record on August 2, 1943 may be used as a development site even when of less area or
width than that required by the provisions of this code." Title 19 of the Newport Beach
Municipal also states, "No parcel or building site will be created which has a smaller area than
the lot size required by Title 20 and this title or if a smaller parcel or building site is created, the
area of such parcel or site will not be smaller than that of any such lot or lots shown on the
recorded final map which were divided to create such parcel or building site." Title 20 requires
that lots be a minimum of 60 feet wide and 6,000 sq: ft. total area for corner lots and 50 feet wide
and 5,000 sq. ft, total area for interior lots. In order to approve the requested resubdivision, an
exception to the subdivision standards is required because the lots are below the required lot
widths and area requirements.
PROJECT CHARACTERISTICS
Address
Existing Lot
Proposed lot
Existing
Proposed
Existing
Proposed
Size
size
lot width
lot width
Buildable Area x
Buildable Area x
(Average)
(Average)
1.5
1.5
3000 Breakers
2,925sq. ft.
2,923 sq. ft.
30 ft.
48.38 ft.
1,632 sq. ft. x 1.5
1,752 sq. ft. x 1.5
Drive
= 2,448 sq. ft.
= 2,628 sq. ft.
3002 Breakers
2,529 sq. ft.
2,531 sq. ft.
28.22 ft.
48.5 ft..
1,725 sq..fL x 1.5
1,670 sq. ft. x 1.5
Drive
= 2,588 sq. ft.
= 2,505 sq. ft.
A882 and Resubdivision No. 1059
March 4, 1999
Page 3
The applicant wishes to establish lots that have the same orientation as other lots along Breakers
Drive. The standard lot size for the original lots on Iris Avenue south of Ocean Blvd. is
approximately 30 ft. by 89.62 ft, or a total of 2,529 sq. ft., with the comer lot slightly larger at 2,925
sq. ft. The proposed lots are 2,531 sq.ft. for the interior lot (3002 Breakers Drive) and 2,923 sq.ft.
for the corner lot (3000 Breakers Drive).
Proposed
Property
Line
E s4ri_q
Property
mot Line
The proposed lots have irregular shapes to accommodate the existing dwellings and access from
Breakers Drive. The proposed average lot width is 48.5 ft, for the interior lot, and approximately
48.38 ft. for the corner lot. The average width of a lot is calculated by measuring 20 feet in from
the rear property line.and 20 feet in from the front property line and taking an average of the two
widths at those points. The average width of the proposed lots will not be less than the width of
the existing lots when originally subdivided, although the narrowest points of the proposed lots
will be 36.39 ft. for the interior lot and 21 ft. for the comer lot.
Required Findings
In accordance with Section 19.12.040 H of the Newport Beach Municipal Code, all of the following
findings must be made in granting an exception to the design standards for lots in the approval of a
tentative map for subdivisions containing less than 5 lots.
That there are special circumstances or conditions affecting the property.
2. That the exception is necessary for the preservation and enjoyment of a substantial
property right of the petitioner.
A882 and Resubdivision No. 1059
March 4, 1999
Page 4
3. That the granting of the exception will not be detrimental to the public welfare or
injurious to other property in the vicinity in which the property is located.
Staff offers the following analysis with respect to these findings:
Finding No. 1: The interior lot has vehicular access from Breakers Drive, across the rear
of the corner lot, because the grade from Iris Avenue is steep, making a
curb cut difficult. Additionally, Iris Avenue is the main access to the
beach, and site distance and traffic in the area create additional potential
hazards. These facts could be determined to constitute the special
circumstances and conditions affecting both properties
Finding No. 2: The proposal will allow for both properties to function independently from
each other with access provided for each property as a result of the
proposed resubdivision. It could be determined that the exception is
necessary for the applicant to enjoy the same property rights of other
property owners in the area with direct access to their properties.
Finding No. 3: The proposed subdivision will not be detrimental to the public welfare or
injurious to other properties in the vicinity for the following reasons:
® The proposed average lot widths are 48.38 ft. and 48.5 ft., which
are more than the width of the existing lots and more than the
width of other lots in the area.
® The proposed lots are below the required size, but are consistent
with others in the area. The resubdivision generally maintains the
existing for size.
® The lots are oriented towards Breakers Drive, similar to others in
the area and consistent with existing development on the lots.
® The orientation of the proposed lots will have the potential to
increase open space, light and air to the properties located to the
rear of the subject lots created by the ten foot rear setbacks for both
properties. Although the existing dwellings are nonconforming at
the rear setback, any new development would be subject to the 10
foot setback requirement.
® The proposed lot widths are greater than the original tract map.
Therefore, the exception as requested is consistent with the. intent of
the Zoning Code because the Code includes provisions to allow the
continued use and redevelopment of substandard lots created before
August 2, 1943.
A882 and Resubdivision No. 1059
March "4,1999
Page 5
Amendment No. 882
Without an amendment to establish the 5 foot front setback, the requirement for the R -1 District of
20 feet on the front would automatically apply. A 5 foot front yard setback is consistent with the
front setbacks of other residential development along Breakers Drive. It should be pointed out that
if the required 20 foot front yard setback were applied without the proposed amendment, it is likely
that future development would result in a request for a variance on one or both of the properties
because it would result in an unusually small buildable area for each parcel. All other setbacks for
the existing dwellings will conform to the Code with the exception of both rear yards, which are 2
feet and 5 feet, instead of 10 feet, and the side yard setback on the corner lot in the location of the
demolition of the building, which will result in a 3 foot setback instead of a 4 foot setback. In these.
areas, the existing buildings will be legally non - conforming.
CONCLUSION AND RECOMMENDATION
Staff has reviewed various alternatives to this request and is of the opinion that the proposed
resubdivision represents A project that conforms as much as possible to the development standards
of the Code because the average lot widths are greater than the existing widths. Additionally, the
amendment will establish setbacks typical in the neighborhood. Since the structures on the two lots
are of older construction, there is potential for redevelopment resulting in new structures that
comply with the required setbacks.
Additionally, the findings necessary for an exception to the Subdivision Code can be made because
there are special circumstances on the properties related to topography and access; the
establishment of independent access will provide for the preservation and enjoyment of property
rights; and the proposal is not considered detrimental to the neighborhood since the new lots are
similar in size and orientation to others in the area. Therefore, staff recommends that the Planning
Commission recommend the approval of Amendment No. 882 and Resubdivision No. 1059 to the
City Council with the findings contained in the draft resolution and Exhibit "A."
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Attachments: Districting Map No. 18
Resolution
Letter from Applicant
Prepared b
Associate Planner
A982 and Resubdivision No. 1059
Match 4, 1999
Page 6
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
RESUBDIVISION NO. 1059
Resubdivision No. 1059
1. The proposal is consistent with the Land Use Element of the General Plan and the Local
Coastal Program Land Use Plan since the lots are designated for single - family
development, a permitted use in this area
2. The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations)
and Class 15 (Minor Land Divisions).
3. The proposal will not be detrimental to persons, property or improvements in the
neighborhood and the resubdivision, as approved, would be consistent with the legislative
intent of Title 20 of the Newport Beach Municipal Code, for the following reasons:
® The design of the subdivision will not conflict with any easements acquired by the
public at large for access through or use of the property within the proposed
subdivision.
® The proposed lot sizes are compatible with the surrounding area and are generally
the same size as the lots of the original subdivision (30 x 89.62 ft. lots, or 2,529
sq. ft.) when the Corona del Mar Tract was established.
® The lots created will result in nonconforming conditions with respect to setbacks,
but are more nearly conforming to the requirements of the Code than other
possible designs and the existing development.
® The Zoning Districting Maps are being amended to designate a front yard setback
that is more appropriate for the lots.
4. The following findings can be made to grant an exception to the Subdivision Code for lot
width and area:
There are special circumstances that affect the properties; specifically, the lots
were subdivided in 1904 facing Iris Avenue. The lots were subsequently
developed with vehicular access to the interior property across the rear of the
comer property and establishing access from Iris Avenue is difficult due to the
steepness of the public street and the heavy vehicular and pedestrian traffic.
The exception is necessary for the preservation and enjoyment of substantial
property rights of the applicant because the proposal will allow for both properties
A882 and Rmbdivision No. 1059
M=h 4, 1999
Page 9
E
to function independently from each other with access provided for each property
as a result of the resubdivision.
® The granting of the exception will not be detrimental to the public welfare or
injurious to other properties in the vicinity since the proposed subdivision is more
comparable and compatible to the surrounding development than the existing
condition for the following reasons:
® The proposed average lot widths are 48.38 ft. and 48.5 ft. which is
more than the width of the existing lots and more than the width of
other lots in the area.
® The proposed lots are below the required size, but which is consistent
with the area. The resubdivision generally maintains the existing lot
size.
® The lots are oriented towards Breakers Drive, similar to others in the
area and consistent with existing development on the lots.
® The orientation of the proposed lots will have the potential to increase
open space, light and air to the properties located to the side and rear
of the subject lots created by the ten foot rear yard setbacks for both
properties, and although the existing dwellings are nonconforming at
the rear setback, any new development would be subject to the 10-foot
rear yard setback requirement-
The proposed lot widths are consistent with the intent of the original
tract map and the exception as requested is consistent with the intent of
the Zoning Code because the Code includes provisions to allow the
continued use and redevelopment of substandard lots created before
August 2, 1943.
Conditions:
1. That a parcel map be recorded prior to the issuance of Building Permits unless otherwise
approved by the Public Works and Planning Departments. That the parcel map be
prepared on the California Coordinate System (NAD83) and that prior to recordation of
th e parcel map, the surveyor /engineer preparing the map shall submit to the County
Surveyor a digital - graphic file of said map in a manner described in Sections 7 -9 -330 and
7 -9 -337 of the Orange County Subdivision Code and the Orange County Subdivision
Manual, Sub - article 18.
2. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County
A882 and Resubdivision No. 1059
March 4, 1999
Page 10
Subdivision Code and the Orange County Subdivision Manual, Sub - article 18.
Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise
approved by the Subdivision Engineer. Monuments shall be protected in place if installed
prior to completion of the construction project.
3. A 15 foot radius return shall be dedicated to the City at the corner of the intersection of
his Avenue and Breakers Drive to eliminate the angle point at the southwesterly corner of
the property. The dedication shall be dedicated on the parcel map or by separate
document prior to the recordation of the parcel map.
4. Coastal Commission approval shall be obtained prior to recordation of the parcel map.
5. This resubdivision shall expire if the map has not been recorded within 3 years of the date
of approval, unless an extension is granted by the City Council.
pl °�,
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Page i
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ATTACHMENT NO. PC 2
November 29, 2010, Director Determination
Page Intentionally Blank
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
(949) 644 -3200 FAX (949) 644 -3229
Director Determination of Alternative Setback Area Locations
Address: 3002 Breakers Drive Date: November 29, 2010
Section 20.30.110 C (Setback Regulations and Exceptions — Alternative setback area
location)
In cases where the orientation of an existing lot and the application of the
setback area are not consistent with the character or general orientation of
other lots in the vicinity, the Director may redefine the location of the front,
side, and rear setback areas to be consistent with surrounding properties.
The reorientation of setback areas is not applicable to the bluff overlay
district.
Pursuant to this section, the Acting Planning Director established the following
alternative setbacks:
Yard
Setback
Description
Front
b'
Breakers Drive
Side
3'
Side
3'
Rear
N/A
No rear setback for this property
Other
3'
All other setbacks are considered side
and setbacks.
Comments: The lot is considered 30 feet wide or less for purposes of third floor
development (Section 20.48.180 A.3).
On behalf of James W. Campbell, Acting Planning Director
By:
Fen hAno, Assistant Planner
Attachments: Plans showing setbacks and buildable area
Page Intentionally Blank
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