HomeMy WebLinkAboutDAmato Residence-PA2004-189 - 2319 Pacific DriveCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
August 3, 2006
TO: PLANNING COMMISSION
FROM: Jaime Murillo, Associate Planner
(949) 6443209, jmurillo4city newport- beach.ca.us
SUBJECT: D'Amato Residence
2319 Pacific Drive
Variance No. 2004 -002
Modification Permit No. 2006 -072
(PA2004 -189)
APPLICANT: Mr. & Mrs. D'Amato, property owners
ISSUE
Should the Planning Commission approve a Variance to allow portions of a new single -
family residence to exceed the 24 -foot height limit and a Modification Permit to allow
portions of a two -car garage, balcony and an architectural wall element to encroach
within the required front yard setback?
RECOMMENDATION
Staff recommends the Planning Commission approve Variance No. 2004 -002 and
Modification Permit No. 2006 -072, subject to the findings and conditions in the attached
draft resolution.
PROJECT DESCRIPTION
Site Description
The lot is currently developed with a two -story single - family residence and attached
garage that was originally constructed in 1927. To the northeast, across Pacific Drive,
are single - family dwellings. Directly northwest and southeast, are single - family dwellings
developed in a similar manner as the subject proposed residence. To the southwest,
across Bayside Drive, are single- family dwellings, which front on the harbor.
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August 3, 2006
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The subject property is approximately 5,220 square feet in area and is trapezoidal in
shape, situated on a coastal bluff that slopes away from Pacific Drive down to Bayside
Drive. The lot slopes gradually down for the front 60% of the property, where it is
developed with the existing residence. The rear 40% of the lot steeply slopes towards
Bayside Drive and is heavily vegetated.
Project Overview
The subject property is zoned R -1 and is subject to the following development
regulations:
Lot Size: 5,220 square feet (5,000 square feet minimum required)
Required Setbacks:
Front (Pack Drive) 17 feet for dwelling
19 feet for garage
Front ( Bayside Drive) 15 feet
Sides 4 feet
Buildable Area: 3,292.9 square feet
Maximum Floor Area: 4,939.35 square feet (3,292.9 x 1.5)
Height Limit: 24' flat roof or mid -point / 29' ridge
The proposed project involves the demolition of the existing single - family dwelling and
the construction of a new three - level, single - family dwelling with an attached two -car
garage and deck areas. Additionally, an existing street tree (California Fan Palm) must
be removed to accommodate the new driveway approach. The General Services
Department has stated that the tree is diseased with Diamond Scale & Pink Bud Rot
and believes the tree will only survive another 2 years given its current condition.
Therefore, they have recommended that the property owner pay for the removal of the
tree and replace the tree elsewhere in the City with a 36 „ box tree. Replacement of the
tree near the property on the south side of Pacific Drive was not recommended due to
the proximity of the overhead power lines.
The proposed project has the following characteristics:
Proposed Square Footage Tabulation:
Upper Level: 1,324 square feet
Main Level: 1,598 square feet
Lower Level: 1,567 square feet
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Garage (at Main - Level): 450 sWare feet
Total: 4,939 square feet
Roof deck: 464 square feet
Other decks 682 square feet
Proposed roof height above existing grade (front): 22.18' midpoint/28' ridge
Proposed roof height above existing grade (bluff side): 27.32' midpoint/29.75' ridge
Proposed deck height above existing grade (bluff side):25.66' deck/28.84' rail
ANALYSIS
General Plan and Coastal Land Use Plan
The Land Use Element of the General Plan sets forth objectives, policies and limitations
for development in the City and designates the general distribution and location of land
uses and residential and commercial densities. The Land Use Element designates the
site for "Single Family Detached" uses. The proposed single - family residence is
consistent with this designation. Additionally, the project has been designed to comply
with all applicable R -1 development regulations of the City's Zoning Code, with the
exception of the requested variance for height and modification for setback
encroachments. Staff believes the deviations requested are justified and are specifically
discussed in detail later in this report.
The Coastal Land Use Plan (CLUP) sets forth goals, objectives, and policies that
govern the use of land and water in the coastal zone within the City and addresses land
use and development, public access and recreation, and coastal resource protection.
The CLUP designates the site for Low Density Residential (RL 4.6 - 6 DU /AC). The
proposed residence is consistent with this designation as the project solely consists of
reconstructing a single - family dwelling and will not change the density nor exceed the
maximum density of the neighborhood.
The proposed project is also located in the Categorical Exclusion Order area (as
defined by the California Coastal Commission) and is not subject to the review by the
California Coastal Commission. The Categorical Exclusion Order was created in 1977
and it excludes the construction of single - family and two - family residences, within a
defined area of the coastal zone, from the permit requirements of the California Coastal
Act. Properties within the exclusion area were found to present no potential for any
significant adverse effect, either individually or cumulatively, on coastal resources or on
public access to, or along the coasts. Although excluded, staff has reviewed the
proposed project with applicable policies of the City's new CLUP to insure compliance
with its goals and objectives.
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Coastal bluffs are considered a significant natural landform and are an important part of
the scenic and visual quality of the coastal zone, and are to be protected as a resource
of public importance. During its review, staff found that Policy D of the Land Use
Element and several of the following policies contained within the CLUP should be
considered, specifically as they pertain to the development on a coastal bluff:
Policy D - Land Use Element
"The sitting of new buildings and structures shall be controlled and regulated to insure, to the
extent practical, the preservation of public views, the preservation of unique natural resources,
and to minimize the alteration of natural land forms along bluffs and cliffs".
Coastal Land Use Plan Policies
Coastal Views
4.4.1 -1
Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone,
including public views to and along the ocean, bay, and harbor and to coastal bluffs and other
scenic coastal areas.
4.4.1 -3
Design and site new development to minimize alterations to significant natural landforms,
including bluffs, cliffs and canyons.
Natural Landform Protection
4.4.3 -8
Prohibit development on bluff faces, except private development on coastal bluff faces along
Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar determined to be
consistent with the predominant line of existing development or public improvements providing
public access, protecting coastal resources, or providing for public safety. Permit such
improvements only when no feasible alternative exists and when designed and constructed to
minimize alteration of the bluff face, to not contribute to further erosion of the bluff face, and to
be visually compatible with the surrounding area to the maximum extent feasible.
4.4.3 -9
Where principal structures exist on coastal bluff faces along Ocean Boulevaro; Carnation
Avenue and Pacific Drive in Corona del Mar, require all new development to be sited in
accordance with the predominant fine of existing development in order to protect public coastal
views. Establish a predominant fine of development for both principle structures and accessory
improvements. The setback shall be increased where necessary to ensure safety and stability
of the development.
4.4.3 -12
Employ site design and construction techniques to minimize alteration of coastal bluffs to the
maximum extent feasible, such as:
A. Siting new development on the flattest area of the site, except when an alternative
location is more protective of coastal resources.
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S. Utilizing existing driveways and building pads to the maximum extent feasible.
C. Clustering building sites.
D. Shared use of driveways.
E Designing buildings to conform to the natural contours of the site, and arranging
driveways and patio areas to be compatible with the slopes and building design.
F. Utilizing special foundations, such as stepped, split level, or cantilever designs.
G. Detaching parts of the development, such as a garage from a dwelling unit.
H. Requiring any altered slopes to blend into the natural contours of the site.
4.4.3 -13
Require new development adjacent to the edge of coastal bluffs to incorporate drainage
improvements, irrigation systems, and/or native or drought - tolerant vegetation into the design to
minimize coastal bluff recession.
4.4.3 -15
Design and site new development to minimize the removal of native vegetation, preserve rock
outcroppings, and protect coastal resources.
The discussion of Policy D within the Land Use Element states that it is the intent of the
City to protect private property rights, while maintaining a commitment to regulate the
placement of buildings and structures in areas adjacent to valuable natural resources.
The CLUP policies address similar preservation issues, although are broken up into
more specific objectives and regulations. Therefore, by demonstrating compliance with
the CLUP policies, the project as a result could be found consistent with Land Use
Policy D.
Identifying the predominant line of development is critical in evaluating the development
proposal. "Predominant Line of Development' is defined within the CLUP as "the most
common or representative distance from a specified group of structures to a specified
point or line (e.g. topographic fine or geographic feature). For example, the predominant
line of development for a block of homes on a coastal bluff (a specified group of
structures) could be determined by calculating the median distance (a representative
distance) these structures are from the bluff edge (a specified line)." However, due to
the extensive development over the bluff edge that exists today, it is difficult to
determine the median distance that development currently extends beyond the bluff
edge. As a reasonable alternative, staff calculated the approximate median distance
neighboring residences extend from the front property line (as measured from the
center of each lot); however, due the trapezoidal shape of the lot, using this approach
does not provide a clear or representative line of development as all of those residences
would encroach beyond the established line with the southwesterly comer of each
am
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home. Additionally, staff calculated the mediah distance development extends from the
front property line utilizing the furthest extent of each structure; however, this approach
resulted in a line of development that would extend too far down the bluff face and
would allow existing structures additional opportunity to develop further down the bluff
(Exhibit 2). Staff also attempted to identify a predominant line of development by
drawing stringlines with the adjacent structures and accessory improvements consistent
with traditional stringline approach used by Coastal Commission staff (Exhibit 3).
However, once again due to the trapezoidal shape of the lot and the configuration of the
adjacent residences in relationship to the bluff face, the stringlines do not represent the
predominant line of development very well as the lines are far from parallel to the bluff
and would suggest a building limit for the property that is not close to similar abutting
residences.
However, staff believes that a clear predominant line of development can be identified
using a line drawn from the furthest extent from the principal structural elements of each
residence across the entire unaltered bluff face (excluding the lots to the west that take
access from Bayside Drive). This line was identified by staff for analytical purposes to
see if the proposed development is sited in a similar fashion with adjacent structures.
Exhibit 4 illustrates this line and how the proposed project is sited similarly (in line) with
its immediate neighbors. Additionally, the line preserves the visual appearance of the
bluff viewed as by the public from below or from across the harbor. The bluff as viewed
in elevation will maintain the existing line of development as established by the two
adjoining buildings and the proposed structure will not encroach below this development
line. Exhibit 5 is a visual simulation that has been provided by the applicant which
illustrates the compatibility of the proposed structure in context with the neighboring
residences and how the project will preserve a large majority of the visual appearance
and the natural landform of the bluff face.
Although the project site is not identified by the CLUP as a public view point and Pacific
Drive is not identified as a coastal view road requiring public view protection, the bluff
and the proposed project are highly visible from Bayside Drive, from the harbor, and
from across the harbor on the peninsula. Based upon Exhibits 4 and 5, the residence
will appear to conform to the predominate line of development and the visual
appearance of the bluff as can be viewed by the public will be preserved. Additionally,
since a majority of the proposed development is sited on the flattest portion of the lot
consistent with Policy 4.4.3 -12, the project minimizes alterations of the natural landform
of the bluff face.
Specific development restrictions, including bluff top setbacks, construction techniques,
and site designs standards, are required to protect and minimize alteration to natural
coastal bluffs. The CLUP policies prohibit development on bluff faces and requires bluff
top development to be setback from the bluff edge in order to ensure slope stability,
protection from erosion, and to preserve the bluff in its natural state. However, since
Corona del Mar is one of few areas in the coastal zone where there is extensive
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residential development on bluff faces and since the particular bluff underlies a
conventional subdivision that has been developed over time on a lot -by -lot basis, the
CLUP permits continued development in these areas. Policies 4.4.3 -8 and 4.4.3 -9
permit development on the Pacific Drive bluff faces subject to the predominant line of
development. Exhibit 6 illustrates the existing extent of development and bluff
alterations of neighboring structures located to the northwest of this property.
As noted, the proposed building is sited as required by Policy 4.4.3 -9 within the
predominant line of development identified by staff. However, Policy 4.4.3 -8 contains
additional provisions to consider. First, improvements can only be permitted when no
feasible alternative exists. The Commission needs to consider whether or not a smaller
building is feasible as the site is not large enough to locate the proposed building
without encroachment upon the bluff face. A smaller footprint coupled with the tendency
to maximize floor area could lead to cantilevered designs, a larger basement level on
the upper portion of the lot, a reduced front yard or a taller building. None of these
potential options are optimal in staffs opinion and simply reducing the floor area to have
a smaller building footprint is the most feasible alternative. Second, improvements are
to be designed to minimize alteration of the bluff face. The project will alter 100% of the
bluff face covered by the proposed footprint of the building within the predominant line
of development while preserving the bluff face below. Approximately 90% percent of the
entire bluff face will be preserved. Third, improvements must not contribute to further
erosion of the bluff face. Staff has included a condition of approval that requires the
implementation of a drainage plan that conveys rainwater to Pacific Drive or to the toe
of the bluff within a drain pipe. Additionally, staff has included a condition prohibiting
landscaping or irrigation practices that could contribute to erosion. Lastly, improvements
must be visually compatible with the surrounding development. As previously indicated,
the proposed project is within the predominant line of development and it is staffs
opinion that the public will not notice this project once it is completed.
The project has been designed consistent with site design and construction techniques
identified in Policy 4.4.3 -12, as follows:
• The proposed development, as discussed in Policy 4.4.3 -8, has been designed
to maximize the area of development above the bluff face; however, in order to
enjoy the same rights and privileges of floor area that has been enjoyed by other
properties in the vicinity, a small portion of the residence will be developed over
the bluff face.
• The existing residence is a small, two -story structure, constructed in 1927. The
original homes constructed in that time were typically small beach cottages or
vacation homes and did not maximize the development rights granted to them at
the time. However, the neighborhood has since been redeveloped with
permanent residences that typically maximize the building envelope and floor
area limitations. Confining the proposed development to the existing building pad
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will severely limit the amount of floor area that can be developed on the site and
is not a feasible alternative as it unfairly penalizes the property owner from
development similarly enjoyed by others in the vicinity and permitted by Code.
The proposed garage has been located to the northwesterly portion of the lot and
requires the need for a new driveway and approach, as opposed to utilizing the
existing driveway. The northwesterly portion of the lot is slightly less constrained
by topography, and is the most logical location to site the garage. Additionally,
this allows the project to maximize the amount of habitable floor area that can be
accommodated within the more constrained portions of the lot, without
significantly encroaching over the bluff face and beyond the predominant line of
development.
• The proposed residence has been designed with a stepped foundation design
and conforms with the natural contours of the site to the maximum extent
feasible, while still achieving the anticipated level of floor area enjoyed by
adjacent properties. Like the front and rear property lines, the bluff contours are
not perpendicular to the side lot lines, but rather skew diagonally from the side lot
lines creating an additional design constraint. The proposed residence has been
designed to conform to the skew, while respecting the predominant line of
development.
• Protection of the bluff would not be obtained through a detached garage design
as the proposed residence must be located on the less constrained portions of
the lot to the maximum extent possible in order to minimize alterations to the
bluff. Portions of the bluff not proposed for redevelopment will not be altered.
Policies 4.4.3 -13, and 4.4.3 -15 requires the project to be designed to minimize coastal
bluff recession and the removal of native vegetation and rock outcroppings. The subject
bluff is not subject to marine erosion, but is rather located inland and stabilized by
Bayside Drive. Additionally, the proposed residence will not disturb the existing
vegetation or bluff face below the predominant line of development and no significant
rock outcroppings exist on the site.
Height Limit Variance
The applicant requests approval of a variance to exceed the required 24 -foot height limit
for portions of the proposed structure. The Zoning Code defines the height of a structure
as the vertical distance between the highest point of a structure and the grade directly
below. As mentioned in the project description, the midpoint of the proposed roof
exceeds the 24 -foot height limit by approximately 3.32 -feet and the ridge is
approximately 9- inches above the 29 -foot ridge height allowance at the highest point of
the structure on the bluff side. The roof top deck of the proposed structure is
approximately 4.84 -feet above the 24 -foot height limit at the highest point on the bluff
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side. The roof plan clearly illustrates the heights of all midpoints and ridges, and
additionally illustrates the portions of the roof which exceed the height limits relative to
existing grades.
Section 20.91.035(6) of the Newport Beach Municipal Code provides that in order to grant
any variance, the Planning Commission must find that the applicant has established the
following grounds for a variance:
1. That because of special circumstances applicable to the property, including size,
shape, topography, location or surroundings, the strict application of this code
deprives such property of privileges enjoyed by other property in the vicinity and
under identical zoning classification.
The subject property is located on a bluff and is therefore encumbered by the steeply
sloped topography on the southwest portion of the lot, which restricts the ability to adhere
to the natural grade height limitation specified in the Zoning Code while avoiding significant
alteration of the bluff. Additionally, the predominant line of development limitation designed
to preserve the coastal bluff further deprives this property from achieving the maximum
permitted floor area limitations. Neighboring residences have achieved the 1.5 floor area
ratio limitation by constructing further down the slope, some of which have also been
granted similar variances to height.
2. That the granting of the application is necessary for the preservation and enjoyment
of substantial property rights of the applicant.
A significant portion of the subject property consists of a steeply sloping and
unimproved coastal bluff. Additionally, the design of the residence and extent of
alteration to the coastal bluff is limited to the predominate line of development. Denial of
the variance would reduce the size of the residence well below the maximum allowable
floor area and it would be smaller than newly constructed houses in the area. A
reduction of floor area diminishes the owner's use and value of the property. Therefore,
the approval of the variance will preserve their right to floor area, while still allowing the
City to achieve its goal to reduce further alteration of the coastal bluff. The project as
proposed works within the constraints of the lot to the maximum degree possible, and
preserves the applicant's ability to achieve a comparable sized home with others in the
neighborhood.
3. That the granting of the application is consistent with the purposes of this code and
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 code provides the flexibility in application of land use and development regulations
by way of permitting variance applications. The variance procedure is intended to
resolve physical hardships resulting from the unique topography and lot configurations
t-
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that exist in the area and on this lot. If the sloped condition did not exist, the applicant
could design a home within the required height limitation. Additionally, the proposed
floor area is consistent with the maximum FAR permitted by Code and with similar
properties along the bluff, and therefore, staff believes this finding can be made. The
residence as viewed in the visual simulation exhibit is similar in size and location to the
adjacent houses and approval does not grant the applicant a special privilege.
4. That the granting of such application will not, under the circumstances of the
particular case, materially affect adversely the health or safety of persons residing
or working in the neighborhood of the property of the applicant and will not under
the circumstances of the particular case be materially detrimental to the public
welfare or injurious to property or improvements in the neighborhood
The subject property is designated for single family residential use and the granting of
the variance would not increase the density beyond what is planned for the area,
thereby avoiding additional traffic, parking or demand for other services. Additionally,
granting the variance request for height will not adversely impact the visual view of the
bluff face as viewed from below or from across the harbor as the structure adheres to
the predominate line of existing development across the bluff. Compatibility with
neighboring residences along the bluff is further illustrated in the visual simulation that
has been provided by the applicant. When viewed from Pacific Drive, the house will be
no taller than one that could be constructed in conformance with the height limit, and will
be compatible with the surrounding neighborhood. Therefore, staff believes the
proposed project will not be detrimental to the surrounding neighborhood and will result
in a structure that is similar to surrounding dwellings located along the coastal bluff with
respect to size, bulk and design.
Based on the above analysis, staff believes that the mandatory findings can be made in
this case due to the sloping topography, and the preservation of a majority of the visual
natural landform of the bluff face.
Modification Permit Findings
The applicant is requesting approval of a Modification Permit to encroach approximately
7 -feet 10- inches into the required 19 -foot garage setback with portions of a two -car
garage. Additionally, the applicant is requesting to encroach approximately 3 -feet into
17 -foot front yard setback with an architectural entry wall element and approximately 7-
feet 10- inches with a balcony feature. The two -car garage is staggered to reduce the
amount of encroachment within the setback to the greatest extent possible and to
provide a driveway that can accommodate parking. The balcony feature is proposed to
be located on top of the northern most garage space.
Chapter 20.93 (Modification Permits) of the Zoning Code requires the City to make the
following findings should approval of a Modification request be desirable.
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August 3, 2006
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A. The granting of the 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.
As stated previously, the site is encumbered with steeply sloping topography which
restricts the ability to adhere to the natural grade height limitation specified in the Zoning
Code while avoiding alteration of the bluff. The applicant situated the building, to the
greatest extent possible, within the front portion of the lot where the slope is less steep,
in order to reduce the height of the structure, to comply with the predominant line of
existing development and to minimize alterations of the bluff face. The effect of
relocating the proposed structure back 7 -feet 10- inches to comply with the front yard
setback would result in a taller structure or additional alteration of the bluff.
In addition to the sloping terrain, the front property line is not perpendicular to the side
property lines, which constrains the flatter portion of the lot. The proposed residence
has been designed in line with the skewed front property line; however, to help square
off the front fagade which is typical of home design, the applicant has designed a small
architectural entry wall element which results in the small encroachment into the front
setback.
Staff does not believe the balcony encroachment is necessary due to any practical
difficulties associated with the property, as the applicant's views are afforded from the
bluff side of the property and a large percentage of the structure is comprised of decks.
The structure would continue to maintain approximately 1,074 square feet of total deck
area with the elimination of this subject balcony.
Therefore, staff believes this finding can be made for the proposed encroachments, with
the exception of the balcony located on top of the garage.
B. The requested modification will be compatible with existing development in the
neighborhood.
The two adjacent residences encroach approximately 8 -feet 7- inches (2315 Pacific Drive)
and 7 -feet (2329 Pacific Drive) into the required garage setback. Both residences were
granted similar Modification Permits in 1997 and in 2001. Additionally, due to the large
right -of -way area behind the sidewalk, the proposed project will accommodate a clear 19-
foot driveway, allowing a vehicle to park without encroaching over the sidewalk. It should
be noted that a 19 -foot driveway meets the Code requirements of required parking on
driveways, although not required in this case since the project provides a two -car garage.
Therefore staff believes the proposed garage encroachments will be compatible with
existing development in the neighborhood.
1,
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Additionally, the entry wall encroachment is a minor architectural element which will
enhance the aesthetics of the structure and square up the front facade. Although the
balcony feature is not a necessary encroachment, it does complement the architecture of
the structure and makes reasonable use of the garage encroachment. Therefore, both
architectural features will be compatible with the varying architectural styles of the existing
neighborhood.
C. The granting of such an application will not adversely affect the health or safety of
persons residing or working in the neighborhood of the property and will not be
detrimental to the general welfare or injurious to property or improvements in the
neighborhood.
The existing structure encroaches approximately 6 -feet 8- inches within the 19 -foot setback
and has not proven to be detrimental to the health, safety, and general welfare of the
neighborhood to date, and since the proposed area of encroachment is slightly smaller in
area (173 sq. ft vs. 142 sq. ft.), the proposed encroachment should continue to not prove
detrimental. Additionally, the face of the garage will remain set back approximately 29 -feet
from the street, providing sufficient site distance for vehicles pulling out of the garage. It
should be noted that Public Works typically does not approve of vehicles parking on
driveways to encroach over the public right -of -way due to possible vehicle sight distance
issues and possible impingement on public walkways; however, due to the large setback
from the sidewalk, the proposed garage setback will not cause these potential hazards.
Additionally, there are no plans to widen Pacific Drive in the future, which could result in a
substandard driveway length in the future, and neighboring structures with similar garage
encroachments have not proven detrimental to date.
The entry wall element is a minimal architectural encroachment and serves only to
enhance the aesthetics of the structure. The encroachment should not prove to be
detrimental to immediate neighbors as light, air, and access to these lots will remain given
the location of the wall. Additionally, the balcony feature should not prove detrimental as it
only increases the garage height by approximately 3 -feet and is proposed to be
constructed of decorative wrought iron railings.
In summary, with the exception finding "A" discussed above as it relates to the balcony
encroachment, staff believes that each of the findings for approval can be made for the
requested encroachments. Conditions of approval requiring the removal of the balcony
feature have been included in the draft resolution.
Environmental Review:
The proposed project has been reviewed and it has been determined that it is
categorically exempt from the requirements of the California Environmental Quality Act
under Class 3 (Construction of a single - family residence in a residential zone) since the
proposed structure will replace an existing structure.
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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 upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Alternatives:
If the Commission is unable to make affirmative findings for the Variance or Modification
Permit request, staff suggests that the Commission either direct the applicant to reduce
the height or front yard encroachments to an acceptable level and continue the item, if
desired, or deny the application.
Conclusion:
Staff believes the findings for approval of the Variance and Modification Permit requests
can be made, with the exception of the balcony encroachment, and that the design of
the structure is reasonable given the topography and location of the subject property.
The project, as designed, will allow the property owner to construct a dwelling that
meets their needs while limiting encroachment down and alteration of the coastal bluff.
Prepared by:
.fir e Murillo, Associate�Planner
Submitted by:
,1 '
Patricia L. Temple, PI nning Director
Exhibits: 1. Draft Resolution No _; findings and conditions of approval
2. Median Distance of Development
3. Stringline Comparison
4. Predominant Line of Development Analysis
5. Project Simulation
6. Existing Bluff Face Development
7. Existing Site Photographs
8. Project Plans (Includes Topographic Survey)
J�
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING VARIANCE NO. 2004 -002 AND
MODIFICATION PERMIT NO. 2006 -072 FOR PROPERTY LOCATED AT
2319 PACIFIC DRIVE (PA 2004 -189)
WHEREAS, an application was filed by Mr. and Mrs. A.J. D'Amato with respect
to property located at 2319 Pacific Drive, and legally described as Portions of Block D
and Portions of Abandoned Street of the Corona del Mar Tract, requesting approval of a
Variance to allow portions of a new single - family residence to exceed the 24 -foot height
limit and a Modification Permit to allow portions of a two -car garage an architectural wall
element, and a balcony to encroach within the required front yard setback; and
WHEREAS, a public hearing was held on August 3, 2006 in the City Hall Council
Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the aforesaid meeting was given. The application, plans, a staff
report and evidence, both written and oral, was presented to and considered by the
Planning Commission at this meeting; and
WHEREAS, the property is designated Single Family Residential by the General
Plan Land Use Element and zoned R -1 (Single - Family Residential). The project proposes
constructing a new single - family residence, which is permitted within the General Plan and
Zoning designation, and has been designed to comply with all applicable R -1 development
regulations, with the exception of the requested variance for height and modification for
setback encroachments ; and
WHEREAS, Policy D of the Land Use Element of the General Plan requires the
sitting of new buildings and structures to be controlled and regulated to insure, to the
extent practical, the preservation of public views, the preservation of unique natural
resources, and to minimize the alteration of natural land forms along bluffs and cliffs. The
project has been designed to comply with an identified predominant line of development
drawn from the furthest extent from the principal structural elements of each residence
across the entire unaltered bluff face. The project will maintain the existing line of
development, compatible in context with neighboring residences, and will continue to
preserve a large majority of the visual appearance and natural landform of the bluff face;
and
11
City of Newport Beach
Planning Commission Resolution No.
Paqe 2 of 10
WHEREAS, the Coastal Land Use Plan (CLUP) sets forth goals, objectives, and
policies that govern the use of land and water in the coastal zone within the City and
addresses land use and development, public access and recreation, and coastal
resource protection. The proposed project is consistent with the goals and policies of
the CLUP for the following reasons:
1. The project is designed within a clear predominant line of development that has
been identified using a line drawn from the furthest extent from the principal
structural elements of each residence across the entire unaltered bluff face
(excluding the lots to the west that take access from Bayside Drive). By
maintaining development within the predominant line of development, the
proposed project is sited similarly (in line) with its immediate neighbors, insuring
compatibility with the neighboring residences and preserves a large majority of
the visual appearance and the natural landform of the bluff face.
2. The project site is not identified by the CLUP as a public view point and Pacific
Drive is not identified as a coastal view road requiring public view protection;
however, the bluff and the proposed project are highly visible from Bayside Drive,
from the harbor, and from across the harbor on the peninsula. With the proposed
residence designed to conform to the predominate line of development, the
visual appearance of the bluff as can be viewed by the public will therefore be
preserved. Additionally, since a majority of the proposed development is sited on
the flattest portion of the lot, the project minimizes alterations of the natural
landform of the bluff face.
3. Since Corona del Mar is one of few areas in the coastal zone where there is
extensive residential development on bluff faces and since the particular bluff
underlies a conventional subdivision that has been developed over time on a lot -
by -lot basis, the CLUP permits continued development in these areas. Policies
4.4.3 -8 and 4.4.3 -9 permit development on the Pacific Drive bluff faces subject to
the predominant line of development. However, Policy 4.4.3 -8 specifically only
allows development to occur within the predominant line of development only
when no feasible alternative exists. A smaller footprint coupled with the tendency
to maximize floor area could lead to cantilevered designs, a larger basement
level on the upper portion of the lot, a reduced front yard or a taller building.
None of these potential options are optimal. Although the project will alter 100%
of the bluff face covered by the proposed footprint of the building within the
predominant line of development, the improvements will minimize alteration of
the bluff face as approximately 90% percent of the entire bluff face will be
preserved. The project has additionally been conditioned insure the project will
not contribute to further erosion of the slope requiring the implementation of a
drainage plan that conveys rainwater to Pacific Drive or to the toe of the bluff
within a drain pipe, and prohibiting landscaping or irrigation practices that could
contribute to erosion. Lastly, the proposed project must be visually compatible
with the surrounding development and the minor alterations of the bluff will not be
noticed once it is completed.
City of Newport Beach
Planning Commission Resolution No.
Page 3 of 10
4. The proposed residence has been designed with a stepped foundation design
and conforms with the natural contours of the site to the maximum extent
feasible, while still achieving the anticipated level of floor area enjoyed by
adjacent properties.
5. The subject bluff is not subject to marine erosion, but is rather located inland and
stabilized by Bayside Drive. Additionally, the proposed residence will not disturb
the existing vegetation or bluff face below the predominant line of development
and no significant rock outcroppings exist on the site.
WHEREAS, a Variance to exceed the 24 -foot height limitation has been
prepared and approved, in accordance with Chapter 20.91 of the Newport Beach
Municipal Code, for the following reasons:
Strict application of this code deprives the property of privileges enjoyed by other
property in the vicinity and under identical zoning classification due to the following
special circumstances applicable to the property:
a. The subject property is located on a bluff and is therefore encumbered by
the steeply sloped topography on the southwest portion of the lot, which
restricts the ability to adhere to the natural grade height limitation specified
in the Zoning Code while avoiding significant alteration of the bluff.
b. A stringline developed to preserve the coastal bluff further deprives this
property from achieving the maximum permitted floor area limitations.
C. Neighboring residences have easily achieved the 1.5 floor area ratio
limitation by constructing further down the slope
2. The granting of the application is necessary for the preservation and enjoyment of
substantial property rights of the applicant because:
a. A significant portion of the subject property consists of steeply sloping
unimproved coastal bluff. Additionally, the design of the residence and the
extent of the alteration to the coastal bluff is limited to the predominate line
of existing development.
b. Denial of the variance would reduce the size of the residence well below
the maximum allowable floor area and smaller than newly constructed
houses in the area. The diminishment of floor area is a diminishment of a
substantial property right, and the approval of the variance preserves this
right while allowing the City to achieve its goal to reduce further alteration
of the coastal bluff
a
City of Newport Beach
Planning Commission Resolution No. _
Page 4 of 10
C. The project as proposed works within the constraints of the lot to the
maximum degree possible, and preserves the applicant's ability to achieve
a comparable size home with others in the neighborhood.
3. The granting of the application is consistent with the purposes of this code and will
not constitute a grant of special privilege inconsistent with the limitations on other
properties in the vicinity and in the same zoning district because:
a. The code provides the flexibility in application of land use and
development regulations by way of permitting variance applications.
b. The variance procedure is intended to resolve practical physical hardships
resulting from the unique topography and lot configurations that exist in
the area and on this lot.
C. If the sloped condition did not exist, the applicant could design a home
within the required height limitation.
d. The proposed floor area is consistent with the maximum FAR permitted by
Code and with similar properties along on the bluff.
e. The residence is similar in size and location to the adjacent houses.
4. The granting of such application will not, under the circumstances of the particular
case, materially affect adversely the health or safety of persons residing or working
in the neighborhood of the property of the applicant and will not, under the
circumstances of the particular case, be materially detrimental to the public welfare
or injurious to property or improvements in the neighborhood because:
a. The subject property is designated for single family residential use and the
granting of the variance would not increase the density beyond what is
planned for the area, thereby avoiding additional traffic, parking or
demand for other services.
b. Granting the variance request for height will not adversely impact the
visual view of the bluff face as viewed from below or from across the
harbor as the structure is sited within the predominate line of existing
development.
C. When viewed from Pacific Drive, the house will be no taller than one that
could be constructed in conformance with the height limit, and will be
compatible with the surrounding neighborhood as the front of the house
closest to Pacific Drive conforms to the height limit.
d. The proposed project will not be detrimental to the surrounding
neighborhood and will result in a structure that is similar to surrounding
dwellings located along the coastal bluff with respect to size, bulk and
design.
5M
City of Newport Beach
Planning Commission Resolution No.
Page 5 of 10
WHEREAS, the proposed Modification Permit for the encroachment of portions
of the garage and an architectural entry wall element into the front yard setbacks have
been prepared and approved, in accordance with Chapter 20.93 (Modification Permits)
of the Newport Beach Municipal Code, for the following reasons:
The Modification Permit is necessary due to practical difficulties associated with
the property and strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code
because:
a. The site is encumbered with steeply sloping topography which makes it
difficult to adhere to the front setbacks specified in the Zoning Code while
avoiding alteration of the bluff, which is a goal of the General Plan and
Coastal Land Use Plan.
b. The applicant situated the building, to the greatest extent possible, within
the front portion of the lot where the slope is less steep, in order to reduce
the height of the structure and to comply with the predominant line of
existing development and to minimize alterations of the bluff face.
C. The effect of relocating the proposed structure back 7 -feet 10- inches to
comply with the front yard setback would result in a taller structure when
viewed from the west, or result in additional alteration of the bluff, as it
would push the residence further down the bluff.
d. In addition to the sloping terrain, the front property line is not perpendicular
to the side property lines, thereby reducing the area of possible
construction within the less constrained portions of the lot.
e. The proposed residence has been designed in line with the skewed front
property line; however, to help square off the front fagade which is typical
of home design, the applicant has designed a small architectural entry wall
element which results in the small encroachment into the front setback.
2. The requested modification will be compatible with the existing development in
the neighborhood because:
a. The two adjacent residences encroach approximately 8 -feet 7- inches (2315
Pack Drive) and 7 -feet (2329 Pacific Drive) into the required garage
setback.
b. Due to the large right -of -way area behind the sidewalk, the proposed project
will accommodate a clear 19 -foot driveway, allowing a vehicle to park
without encroaching over the sidewalk.
,
.1✓
City of Newport Beach
Planning Commission Resolution No. _
Page 6 of 10
C. The entry wall encroachment is a minor architectural element which will
enhance the aesthetics of the structure and square up the front fagade and
will be compatible with the varying architectural styles of the existing
neighborhood.
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 because:
a. The existing structure currently encroaches 6 -feet 8- inches into the required
19 -foot garage setback and has not proven to be detrimental to the health,
safety, and general welfare of the neighborhood to date, and since the
proposed area of encroachment is slightly smaller in area (173 sq. ft. vs. 142
sq. ft.), the proposed encroachment should continue to not prove
detrimental.
The face of the garage will remain setback approximately 29 -feet from the
street, providing sufficient site distance for vehicles pulling out of the garage
and will not impact vehicle sight distance or impinge on public walkways.
Additionally, there are no plans to widen Pack Drive in the future and
neighboring structures with similar garage encroachments have not proven
detrimental to date.
C. The entry wall element is a minimal architectural encroachment and serves
only to enhance the aesthetics of the structure. The encroachment should
not prove to be detrimental to immediate neighbors as light, air, and access
to theses lots will remain given the location of the wall.
WHEREAS, the proposed Modification Permit for the balcony encroachment into
the front yard setback shall be denied in accordance with Chapter 20.93 (Modification
Permits) of the Newport Beach Municipal Code, for the following reasons:
The balcony encroachment is not necessary due to any practical difficulties
associated with the property, as the applicant's views are afforded from the bluff
side of the property and a large percentage of the structure is comprised of decks.
2. The structure would continue to maintain approximately 1,074 square feet of total
deck area with the elimination of this balcony.
WHEREAS, the proposed project has been reviewed and it has been determined
that it is categorically exempt from the requirements of the California Environmental
Quality Act under Class 3 (Construction of a single - family residence in a residential zone)
since the proposed structure will replace an existing structure; and
aA
City of Newport Beach
Planning Commission Resolution No.
Paae 7 of 10
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves
Variance No. 2004 -002 and Modification Permit No. 2006 -072, subject to the Conditions
set forth in Exhibit "A.'
Section 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 3rd DAY OF AUGUST 2006.
AYES:
NOES:
BY:
Jeffrey Cole, Chairman
BY:
Robert Hawkins, Secretary
0
City of Newport Beach
Planning Commission Resolution No. _
Page 8 of 10
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 2004-002
MODIFICATION PERMIT NO. 2006-072
The development shall be in substantial conformance with the approved site
plan, floor plan, and elevations stamped with the date of this meeting, except as
noted in the following conditions.
The balcony proposed to be located on the garage encroachment shall be
eliminated and is not permitted.
3. The garages shall maintain a minimum setback of 11 -feet 2- inches from the front
property line and shall be staggered in conformance with the approved plans.
Related roof overhangs may encroach a maximum of one additional foot.
4. The entry wall element as depicted on the approved plans shall maintain a
minimum setback of 14 -feet from the front property line. Related roof overhangs
may encroach a maximum of one additional foot.
Two independently accessible parking spaces shall be provided on site within a
garage for the parking of vehicles only, and shall be available to serve the
residential unit at all times
6. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
7. The applicant is required to obtain all applicable permits from the City Building and
Fire Departments. The construction plans must comply with the most recent, City -
adopted version of the California Building Code.
Automatic fire sprinklers shall be provided within the proposed residence, in
conformance with Building and Fire Code requirements.
9. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
10.The existing private wall fronting the site and located within the public right -of-
way shall be removed.
11. The new driveway flares (top of X's) shall maintain a minimum setback of 5 -feet
from the nearest tree, power pole, or any other above ground obstructions.
12. The abandoned driveway approach shall be plugged per City Standard STD -165-
L.
M
City of Newport Beach
Planning Commission Resolution No. _
Page 9 of 10
13.The new driveway approach shall be constructed per City Standard STD -162 -L
and shall comply with City Council Policy L -2.
14. The new driveway slope shall comply with City Standard STD - 160 -L -C.
15. Prior to the issuance of building permits, the applicant shall comply with Council
Policy G -1 and apply for tree reforestation for the existing street tree proposed for
relocation. A request shall be submitted to the General Services Director for
consideration by the Parks, Beaches, and Recreation Commission.
16.If the reforestation request is not approved by the Parks, Beaches, and
Recreation Commission, the project shall be redesigned and will require an
amendment to this subject Variance and Modification Permit and shall be
reviewed by the Planning Commission.
17. All public improvements shall be constructed, if required, in accordance with
applicable Ordinances and the Public Works Department requirements.
18. An encroachment permit shall be processed through the Public Works Department
for all work within the public right -of -way.
19. Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment
and flagmen. Traffic control and transportation of equipment and materials shall be
conducted in accordance with state and local requirements.
20.Overhead utilities serving the site shall be undergrounded to the nearest
appropriate pole in accordance with Section 19.24.140 of the Municipal Code,
unless it is determined by the City Engineer that such undergrounding is
unreasonable or impractical.
21. Prior to issuance of any grading permits, the project applicant shall document to
the City of Newport Beach Building Department that all facilities will be designed
and constructed to comply with current seismic safety standards and the current
City- adopted version of the Uniform Building Code.
22. Prior to issuance of any grading permits, a geotechnical report shall be submitted
with construction drawings for plan check. The Building Department shall ensure
that the project complies with the geotechnical recommendations included in the
report, as well as additional requirements, if any, imposed by the Newport Beach
Building Department.
23. Prior to the issuance of building permits, a drainage plan shall be approved that
conveys rainwater to Pacific Drive or to the toe of the bluff within a drain pipe to
reduce the erosion of the bluff face.
�I
City of Newport Beach
Planning Commission Resolution No.
Paae 10 of 10
24. Landscaping and irrigation practices that could contribute to the erosion of the
slope shall be prohibited.
25.Variance No. 2004 -002 and Modification Permit No. 2006 -072 shall expire unless
exercised within 24 months from the date of approval as specked in Section
20.91.050 of the Newport Beach Municipal Code, unless an extension is
otherwise granted.
0
Exhibit 2
Median Distance of Development
Exhibit 3
Stringline Comparison
13
Exhibit 4
Predominant Line of Development Analysis
3-1
Exhibit 5
Visual Simulation
LA
Visual Simulations
Carlile Coatsworth Architects, Inc.
43
I
Exhibit 6
Existing Bluff Face Development
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Existing Site Photographs
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Project Plans (Includes Topographical Survey)
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