Loading...
HomeMy WebLinkAbout03_Cliff Drive AppealCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 20, 2010 Planning Commission Meeting Agenda Item No. 3 SUBJECT: Cliff Drive Appeal (PA2009 -149) 2949 Cliff Drive Modification Permit No. MD2009 -030 APPLICANVAPPELLANT: Antonio Cagnolo PLANNER: Melinda Whelan, Assistant Planner (949) 644 -3221, mwhelan @newportbeachca.gov PROJECT SUMMARY An appeal of the Zoning Administrator's decision to deny Modification Permit No. MD2009 -030. Modification Permit No. MD2009 -030 would have allowed the following encroachments into required setbacks: up to 1 foot into the 4 -foot side yard setback for a 10- foot -10- inch -high portion of an outdoor room; up to 5 feet 4 inches into the 10 -foot rear yard setback for an 11- foot -3- inch -high portion of an outdoor room; and 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. RECOMMENDATION 1) Conduct a de novo hearing; and 2) Deny the appeal and uphold and affirm the decision of the Zoning Administrator and deny Modification No. 2009 -030, subject to the findings included within the attached draft resolution (Attachment PC 1). VICINITY Existing Structures 4s Y ............................. j, R.. 'CG'0:9'RHR ni. Cliff Drive Appeal May 20, 2010 Page 2 � o R ......... LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Single -Unit Residential Single - Family Residential Single -unit residential Detached RS -D R -1 NORTH RS -D R -1 Single-unit residential SOUTH RS -D R -1 Single-unit residential acant EAST Parks and Recreation R -1 Cliff Drive Park WEST I RS -D R -1 Single-unit residential 2 Cliff Drive Appeal May 20, 2010 Page 3 INTRODUCTION Proiect Setting The subject property is located on the southerly side of Cliff Drive. The 10,736- square- foot lot is developed with a two -story, single -unit dwelling, a pool, and a pool house. Project Description The split -level outdoor room is supported by full- height wall sections and has a solid roof (Attachment PC 4). The outdoor room encloses 762 - square -feet of the backyard deck area and includes a fireplace. The applicant requests the following encroachments into required setbacks: • A 10- foot -10 -inch high portion of the outdoor room a minimum of 10 inches to a maximum of 1 foot into the 4 -foot side yard setback. This encroachment spans 22 lineal feet. • An 11- foot -3 -inch high portion of the outdoor room a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches into the 10 -foot rear yard setback. This encroachment spans 29 lineal feet. • 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. The outdoor room and fireplace structures were built without required permits. Background On February 11, 2010, the Zoning Administrator held a public hearing on Modification Permit No. MD2009 -030 and denied the application (Attachment PC 2). On February 26, 2010, the applicant appealed the decision of the Zoning Administrator. Pursuant to Section 20.95.060 of the Zoning Code, a hearing on an appeal must be held within 60 days of the date the appeal is filed, unless the applicant and appellant agree to a later date. On April 5, 2010, the applicant requested that the hearing not be conducted before May 20, 2010, to allow him time to formulate a justification for overturning the Zoning Administrator's decision. Cliff Drive Appeal May 20, 2010 Page 4 DISCUSSION The Appeal As of the publication date of this report, the applicant has not provided a justification for overturning the Zoning Administrator's decision. Pursuant to Municipal Code Section 20.95.060.C, a public hearing on an appeal is conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the appeal was filed. The appellate body is not bound by the decision being appealed or limited to the issues raised on appeal. Analysis Review of the Zoning Administrator's Decision Section 20.93.030 (Required Findings) of the Zoning Code requires that the following three findings must be made in order to approve a modification permit: A. The granting of this application 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. B. The requested modification will be compatible with existing development in the neighborhood. C. The granting of this Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. The Zoning Administrator determined that facts did not exist to support the required findings. The Zoning Administrator denied Modification Permit No. MD2009 -030 (Attachment PC 2) with the following findings: 1. The subject property is located in the R -1 Zoning District and has a required 10- foot rear yard setback and required 4 -foot side yard setbacks. The Zoning Code allows certain structures up to a height of 6 feet within required rear and side yard setbacks. 2. The natural grade of the property slopes downward in the southwest corner of the rear yard; however, it does not restrict the use of the large rear yard area of the 10,737- square -foot lot. The applicant states that a previous modification, which allowed the addition of an elevated concrete rear yard deck, created the ability to use the sloping rear yard area and that the proposed encroachments 1 X19 Cliff Drive Appeal May 20, 2010 Page 5 are requested to take advantage of the limited side yard area. However, the existing deck allows for use of a large rear yard area providing sufficient space for patio structures and an exterior fireplace without encroachments into the required rear and side yard setbacks, meeting requirements of the Code for this particular property. Staff finds no practical difficulties or physical hardships associated with the property to allow for the encroachments. 3. The request would not be compatible with existing development in the neighborhood as similar encroachments do not exist. The rear yard encroachment is adjacent a vacant lot however, it could create incompatibility with future development of the vacant lot as a single family dwelling which is intended to abut other single family properties with 10 -foot rear yard setbacks. The applicant has provided no justification for reversing the decision of the Zoning Administrator. Staff recommends upholding and affirming the Zoning Administrator's decision to deny the application based on the findings found in the draft resolution (Attachment PC 1). Alternatives The Planning Commission may reverse the decision of the Zoning Administrator and approve Modification Permit No. MD2009 -030 as submitted or with modifications. Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The accessory structures are alterations that involve no expansion of use. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with 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: elinda Whelan, Assistant Planner Submitted by: David Lepo, Planl b Director 5�. Cliff Drive Appeal May 20, 2010 Page 6 ATTACHMENTS PC 1 Draft Resolution including Findings PC 2 Zoning Administrator Action Letter February 11, 2010 PC 3 Project plans PC 4 Project Photos �11 Attachment No. PC 1 Draft Resolution including Findings rk f, '�'1 RESOLUTION NO. ### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING MODIFICATION PERMIT NO. MD2009 -030 FOR THE FOLLOWING ENCROACHMENTS INTO REQUIRED SETBACKS: UP TO 1 FOOT INTO THE 4- FOOT SIDE YARD SETBACK FOR A 10- FOOT -10- INCH -HIGH PORTION OF AN OUTDOOR ROOM; UP TO 5 FEET 4 INCHES INTO THE 10 -FOOT REAR YARD SETBACK FOR AN 11 -FOOT- 3- INCH -HIGH PORTION OF AN OUTDOOR ROOM; AND 5 FEET 4 INCHES INTO THE 10 -FOOT REAR YARD SETBACK FOR A 14- FOOT -3- INCH -HIGH EXTERIOR FIREPLACE LOCATED AT 2949 CLIFF DRIVE (PA2009 -149). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Antonio Cagnolo with respect to property located at 2949 Cliff Drive, and legally described as First Add to Newport Heights Portion of Lot 3, Block B, requesting approval of Modification Permit No. MD2009 -030. 2. The applicant proposed the following encroachments into required setbacks: • A 10- foot -10 -inch high portion of the outdoor room a minimum of 10 inches to a maximum of 1 foot into the 4 -foot side yard setback. This encroachment spans 22 lineal feet. • An 11- foot -3 -inch high portion of the outdoor room a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches into the 10 -foot rear yard setback. This encroachment spans 29 lineal feet. • 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. 3. At a noticed public hearing held on February 11, 2010, the Zoning Administrator considered the application, plans, and written and oral evidence presented at this meeting, and denied Modification Permit No. MD2009 -030 based on findings of denial. 4. On February 26, 2010, an appeal of the Zoning Administrator's decision to deny Modification Permit No. MD2009 -030 was filed with the Planning Department. 5. The subject property is located within the Single - Family Residential (R -1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). t', Planning Commission Resolution No. _ Paae 2 of 3 6. A public hearing was held on May 20, 2010 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). 2. The accessory structures are alterations that involve no expansion of use. SECTION 3. Findings The Planning Commission finds as follows consistent with the Zoning Administrator's decision: 1. The subject property is located in the R -1 Zoning District and has a required 10 -foot rear yard setback and required 4 -foot side yard setbacks. The Zoning Code allows certain structures up to a height of 6 feet within required rear and side yard setbacks. 2. The natural grade of the property slopes downward in the southwest corner of the rear yard; however, it does not restrict the use of the large rear yard area of the 10,737- square -foot lot. The applicant states that a previous modification, which allowed the addition of an elevated concrete backyard deck, created the ability to use the sloping rear yard area and that the proposed encroachments are requested to take advantage of the limited side yard area. However, the existing backyard deck area allows for use of a large rear yard area providing sufficient space for patio structures and an exterior fireplace without encroachments into the required rear and side yard setbacks, meeting requirements of the Code for this particular property. Staff finds no practical difficulties or physical hardships associated with the property to allow for the encroachments. 3. The request would not be compatible with existing development in the neighborhood as similar encroachments do not exist. The rear yard encroachment is adjacent to a vacant lot; however, it could create incompatibility with future development of the vacant lot with a single - family dwelling. Development of the vacant lot would require a 10 -foot rear yard setback consistent with R -1 zoning and the subject property would not provide the required 10 -foot rear yard setback leaving less separation between single family dwellings than the zoning requirements intend to create. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: FAUsers \PLN \Shared \PA's \PAs - 2009 \PA2009- 149\Appeai � �I Planning Commission Resolution No. _ Paae 3 of 3 1. The Planning Commission of the City of Newport Beach hereby denies Modification Permit No. MD2009 -030. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF MAY, 2010. AYES: NOES: ABSTAIN: ABSENT: BY: Robert Hawkins, Chairman Charles Unsworth, Secretary FAUsers \PLN \Shared \PA's \PAs - 2009 \PA2009- 149\Appeal Attachment No. PC 2 Zoning Administrator Action Letter February 11, 2010 € ! i. ,,'r Application No. Applicant Site Address Legal Description MODIFICATION PERMIT ACTION LETTER PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 (949) 644 -3200 FAX (949) 644 -3229 Modification Permit No. MD2009 -030 (PA2009 -149) Antonio Cagnolo 2949 Cliff Drive FIRST ADD TO NEWPORT HEIGHTS LOT 3 BLK B POR OF LOT On February 11, 2010, the Zoning Administrator denied the subject modification permit application. The applicant requested the following encroachments into required side yard and required rear yard setbacks: a minimum of 10 inches to a maximum 1 foot with the posts of a 10 -foot 10- inch -tall patio structure into the 4 -foot side yard setback, a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches with the posts of an 11 -foot 3- inch -tall patio structure into the 10 -foot rear yard setback, and 5 feet 4 inches with a 14 -foot 3 -inch- tall exterior fireplace into the 10 -foot rear yard setback. The structures were built without the benefit of permits. The property is located in the R -1 (Single - Family Residential) District. The Zoning Administrator's denial is based on the following findings. FINDINGS 1. The subject property is located in the R -1 Zoning District and has a required 10 -foot rear yard setback and required 4 -foot side yard setbacks. The Zoning Code allows certain structures up to a height of 6 feet within required rear and side yard setbacks. 2. The natural grade of the property slopes downward in the southwest corner of the rear yard; however, it does not restrict the use of the large rear yard area of the 10,737 - square -foot lot. The applicant states that a previous modification, which allowed the addition of an elevated concrete rear yard deck, created the ability to use the sloping rear yard area and that the proposed encroachments are requested to take advantage of the limited side yard area. However, the existing deck allows for use of a large rear yard area providing sufficient space for patio structures and an exterior fireplace without encroachments into the required rear and side yard setbacks, meeting requirements of the Code for this particular property. Staff finds no practical difficulties or physical hardships associated with the property to allow for the encroachments. 3. The request would not be compatible with existing development in the neighborhood as similar encroachments do not exist. The rear yard encroachment is adjacent a vacant lot however, it could create incompatibility with future development of Cliff Drive Modification February 11, 2010 Page 2 the vacant lot as a single family dwelling which is intended to abut other single family properties with 10 -foot rear yard setbacks. APPEAL PERIOD Modification Permit applications do not become effective until 14 days after the date of action, during which time an appeal may be filed with the Planning Commission Secretary in accordance with the provisions of the Newport Beach Municipal Code. Tentative Parcel Map, Condominium Conversion, Lot Merger, and Lot Line Adjustment applications do not become effective until 10 days following the date of action, during which time an appeal may be filed with the Planning Commission Secretary in accordance with the provisions of the Newport Beach Municipal Code. 0 James W. Campbell, Zoning Administrator JWc /msw Attachments: Vicinity Map Appeared in Opposition: Appeared in Support: F: \Users \PLN \Shared \PA's \PAs - 2009 \PA2009 -149 Tmplt: 11/23/09 I �� IAn ... /,F 6, °`" Attachment No. PC 3 Project Plans 010u6ep mu0luy OAUG 11110 6462 UE0-6OOZUW +O) 6Y6-600ZVd ose oaCo� £9926 elu1o311 Moeag q.aodrv\aN M v Ynl 0100 Pu d aAjJa "110 6b6Z T ano(1131 r10111xonD"N uO:HOUR w uold a }IS aagasm,v ¢ `p -1 qE6 c d n i €a NoRUM > Q t T x 3 v o a � C W 1 ro � F W m c w ®c W N w o i s w c E o .". � 0 U � Z Ertl c7 ua o p� C10- i M at0 U °p _01 Opid 0 O 9N o� ® awn„ oao; w colt QNZ➢ 0 O u " 0 8011,0 c i a >?go PRpOOe b z6�1 U Oa jQlOF� Or O 0 0 8 �o4g -1 qE6 c d n i €a NoRUM > Q t T x 3 v o a � C W 1 UO Iw S F 001 NNOU N O nv C,) ®c W s w as .". � % � $• � �� Ertl c7 ua p� 2 W IDy � a �$i�oE EO° 9e e.fl8x ceZ5m�0Xe`i'� � ..2 ° -io aa'ah 3� � : he :a w F L dE u O d N O -1 qE6 c d n i €a NoRUM > Q t T x 3 v o a � C W 1 (,OPOLI M„£O,MW i Io C '- -�° II m `cp .L O w w A UO Iw 0 v c N WU A 001 NNOU N O nv ®c W as .". % � $• � �� Ertl p G4.. a tod ssa IDy "ESae �$i�oE EO° 9e e.fl8x ceZ5m�0Xe`i'� � ..2 ° -io aa'ah 3� � : he :a a € p "s s "g dE o fie "s .sg$8 _ a E� o .58 »8. p .`e N 0 (,OPOLI M„£O,MW i Io C '- -�° II m `cp .L O w w A UO Iw 0 v c N WU o v 001 NNOU N O nv ®c W (,OPOLI M„£O,MW i Io C '- -�° II m `cp .L O w w A �...,a...o:.v, wY.... �.....: "'on um� u°la l°.na°rvas £9926 ziwodll27 '4oea9 �odMaN NM nmum»Imuownmwnnnamwrvimmnmmmm anl�o ddll� 6b6Z ea®aa>t aoulxoan ousauom sous i 1L61 11 7-3 I � •°°• o6 n� ° n mm is .F' y m h �mmE Um °i in m SRI' ♦a 14' � I C i 14 J ES it n m a s 6 � �o 1�� ti K9c n ° r � 8 0\ E o o C 0 a I L 0€ 0 W J . on o o o o... 2 (�nnn nnnnn xnn Q 0 ©W W © ®Ob00 m omov mmmm oomo c 0 Q C 0 'p 0 ci 7i Od IL , _____ Uw@ jCp % p ��w ? )! K! I | i i �I( \� y }�! ( ! �! . $ � \ !�R � !\ \�\ �� � � } . / - � ƒ � ,a« , ;• v.v \� �> \ ~^ \I ° ( . { C: k \ {G /\ TIM \ � a-« e ;h \ � & ;S ) \ � \\ \ ;6 )} \ } � \ � } \ � •• "•,• �•�' . `m C I I j , 69926 elwodlleD '4 >ea9 3+odMaN 7 < � :`4�mm b�a:e ■.. v I I •aue�aH ueww.aa an {�C] }}!17 6t+6Z I vewww�aww�miunwi.prorNweo u W a 'o �awo� o�god o�ocs6.oep� a o s�amrtouwwewuuorwlw rO w 1 \r. _J111 I;III.I m I - b \ o Z `. g g b rn b F a c tt �•' o 10 0 W i Pt C I I j , I I I a 'o s'�]]ITTT rO w 1 \r. _J111 I;III.I I IIIIiII b \ I I Z `. �•' 3 I $1111 e c ;' i6 wl 1 g W n 10 0 W i Pt C I I j , I I I a 'o s'�]]ITTT rO w 1 \r. _J111 b \ I I Z 10 0 W i Pt I I I j , I I I a 'o r •$ $j ° I 10 0 W i Pt ) � * }�\ . ) ; |![ ) \ �4 } §/ e , , Jee 2 � ry � ! ! } \ � � : ! � : Mall I ® Attachment No. PC 4 Project Photos