HomeMy WebLinkAboutBrown Duplex (PA2001-173)PROJECT:
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
SUMMARY:
RECOMMENDED:
ACTION:
APPLICANT:
Brown Duplex (PA2001 -173)
405 Dahlia Avenue
Hearing Date:
Agenda Item:
Staff Person:
March 21, 2002
7
James Campbell
(949) 644 -3210
Substantial conformance review related to reorientation of the garages.
Determine that the revised site plan and floor plans are in substantial
conformance with the previously approved project.
Jeffrey Brown, property owner
On January 3, 2002, the Planning Commission approved Variance No. 2001 -004 and Modification
No. 2001 -098 for the construction of a 5,440 square foot duplex (Exhibit No. 1). The Variance
authorized additional floor area above the floor area limit and the Modification allowed a
reduction of the required rear yard setback.
The approved plan had two, 2 -car garages accessed from an expanded driveway that would be
created along the northern property line. The northerly eight feet of the proposed 20 -foot wide
driveway was on the neighbor's property. Project approval required a reciprocal access easement
be created for the use of the driveway by both properties. The applicant and the neighboring
property owner have not come to an agreement about the reciprocal access easement, and the
applicant has concluded that an agreement is not forthcoming. Therefore, the applicant cannot
fulfill the conditions of approval with the approved plan (Exhibit No. 2).
The applicant has redesigned the garages to take direct access from Dahlia Avenue (Exhibit No.
4). The garages are in a tandem orientation with the doors facing Dahlia Avenue. The footprint
and area of the modified design remains the same as previously authorized. The applicant is
proposing the use of GrasscreteO for the paving surface of the driveway to mitigate the loss of
the landscaping that would have been provided with the approved plan. Grasscrete® is a cast -in-
place, monolithic, porous concrete pavement that is continuously reinforced to provide structural
integrity. After the concrete is sufficiently hardened, the voids are filled with topsoil and grass,
thus providing a free draining "pavement" with the structural capacity to handle most heavy
vehicle loads (Exhibit No. 3).
The applicant is maintaining the 12 -foot side yard setback to the north for the garage. This area
will be paved with concrete and the applicant does not plan to construct a fence along the
northern property line. In essence, the 20 -foot driveway will remain unobstructed. These features
will preserve the opportunity to re-orient the garages to the northern driveway if in the future the
applicant or future owner and the neighbor come to an agreement on the reciprocal easement.
The paved 12 -foot side yard can also be used for guest parking, recreational vehicle parking or
boat parking. These uses of the setback area might be expected with the applicant's re- designed
access plan. One additional change to the overall project will be the inability to reduce the width
of the drive approach enough to create a new on- street parking space.
Recommendation
The applicant's redesigned garage access plan is the simplest solution from the applicant's
perspective as the rest of the project remains the same. The revised plan provides for guest
parking and access to the neighbor's lot. Lastly, the revised plan provides the ability to
implement the previously approved plan, which is arguably the more superior plan, if an
agreement between the two property owners is reached in the future. Staff recommends that the
Planning Commission approve the modified design and adopt a minute action making the
following changes to the Conditions of approval in Resolution 1546:
1. The development shall be in substantial conformance with the approved site plan and floor plans
revised and dated February 18, 2002 or December 19, 2001 except as revised by other conditions
of approval. The architectural style and quality shall be substantially as set forth in the plans dated
August 21, 2001.
13. The owner shall provide the City Building Department with a recorded reciprocal access
agreement between the subject property and the abutting property to the west if vehicular access
to the garages is to be taken from the northerly driveway. This agreement shall be subject to the
review and approval of the City of Newport Beach and shall be recorded prior to issuance of any
grading er building permits to modify the garage access.
15. The existing unused portion of the drive approach on Dahlia Avenue shall be removed and
replaced with curb, gutter and sidewalk. If vehicular access to the garages is modified in the
future to take access from the northerly driveway, the property owner shall reduce the width of
the drive approach to match the on -site driveway. All work shall be completed under an
encroachment permit issued by the Public Works Department.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Exhibits
Prepared by:
JAMES W. CAMPBELL
Senior Planner
RME ' 41
1. Resolution No. 1546 approving Variance No. 2001 -004 and Modification No. 2001 -098
2. Letter from the applicant requesting revision to project
Brown Duplex (PA2001 -173))
March 21, 2002
Page 2 of 3
3. Grasscrete® specifications
4. Revised Plans
Brown Duplex (PA2001 -173))
March 21, 2002
Page 3 of 3
RESOLUTION NO. 1546
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT
BEACH APPROVING A VARIANCE NO. 2001-004 AND MODIFICATION NO. 2001-098.
(PA2001 -173).
The Planning Commission of the City of Newport Beach does hereby find, resolve and order as
follows:
Section 1. An application was duly filed by the Applicant, Jeffrey Brown with
respect to property located at 405 Dahlia Avenue (PA2001 -173) and legally described as a
portion of Lot Nos. 3, 5 & 7 of Block 331 of the Corona del Mar Tract, requesting approval of a
variance to permit a duplex to exceed the 1.5 floor area limit applicable within Corona del Mar
(VA2001 -004). The application also includes a request to reduce the rear yard setback from 10
feet to 5' -0" (MD2001 -098).
Section 2. A public hearing was duly held on November 8, 2001 and January 3,
2002, at 6:30 P.M. in the City Hall Council Chambers, 3300 Newport Boulevard, Newport
Beach, California. A notice of time, place and purpose of the aforesaid meeting was duly given.
Evidence, both written and oral, was duly presented to and considered by the Planning
Commission at the aforesaid meetings.
Section 3. The Planning Commission finds as follows:
a) 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 location of the property without alley access and its larger width creates a larger rear
yard and front yard setback area that has the effect of disproportionately reducing the
buildable area of the property below that enjoyed by identically zoned properties in the area.
The typical Corona del Mar comparable size to the project site has a percentage of gross floor
area to lot area of 100.4 %. The same percentage for the subject lot without approval of the
variance is 81.87 %. Due to these factors, the property is deprived of privileges enjoyed by
other property in the vicinity and under the identical zoning classification.
b) That the granting of the application is necessary for the preservation and enjoyment of
substantial property rights of the applicant.
The granting of the additional floor area is necessary for the applicant to enjoy a similar and
substantial property right which is to develop a residential project that is proportionately
consistent, based upon lot size, with other properties in the area and under identical zoning
requirements.
l
c) 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 approval of the additional floor area is consistent with the intent of the code that is to
preserve property values and create design compatibility of proposed projects with
surroundings. The increased floor area is necessary for the applicant to create a residential
project that is proportionately consistent in size, based upon lot size, with other properties in
the area and subject to the same zoning requirements. The typical Corona del Mar lot of
comparable size to the project site has a percentage of gross floor area to lot area of 100.4 %.
The same percentage for the subject lot without approval of the variance is 81.87 %. The
applicant proposes a 5,100 sq. ft. building which has a gross floor area to lot area percentage
of 97.9 %. The approval of this increase in floor area is below the percentage of gross floor
area to lot area enjoyed by other properties and therefore does not constitute the granting of a
special privilege. The additional area approved for the enclosure of the carport creating a
second two -car garage is necessary for the project to be compatible with and not detrimental
to the abutting property located at 407 Dahlia Avenue. This is due to the close proximity of
that portion of the building if designed as a carport and a belief that it would negatively
impact the entry area of the residence located at 407 Dahlia Avenue. This additional area for
the carport enclosure is non - habitable. Due to these factors, the granting of the additional
area for the second garage does not constitute the granting of a special privilege.
d) 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 granting of the variance for additional floor area will not be detrimental to surrounding
property or the city as it does not increase the density of development permitted by the
General Plan. The project will provide the required off - street parking spaces in accordance
with the Zoning Code. A portion of the floor area increase is necessary to avoid a potentially
detrimental situation with an open carport located in close proximity to the entry of the
abutting residence located at 407 Dahlia Avenue. The portion of the increased area is
devoted to garage spaces and will not increase the occupancy of the structure, as it is non-
habitable.
e) The establishment, maintenance or operation of the use of the property or building win
not, under the circumstances of the particular case, be detrimental to the health, safety,
peace, comfort and general welfare of persons residing or working in the neighborhood
of such proposed use or be detrimental or injurious to property and improvements in
the neighborhood or the general welfare of the City, and further that the proposed
modification is consistent with the legislative intent of this code for the following
reasons:
i
• The rear yard encroachments, as depicted on the revised plans, is similar to a side yard
relationship that is allowed to be setback 4 feet from the property line and 8 feet between
buildings. The proposed encroachments that are not less than 5 feet from the abutting
property and are limited in area. The proposed encroachment of parking spaces are required
to be enclosed garage spaces as opposed to being open carports. The enclosure of the spaces
eliminates a potential detrimental situation due to the close proximity of the spaces and the
` abutting property.
• The proposed encroachments do not effect the views from nearby properties and the project
complies with applicable height limits.
Section 4. Based on the aforementioned findings, the Planning Commission hereby
approves an amendment to Variance No. 2001 -004 and Modification No. 2001 -098, subject to the
Conditions set forth in Exhibit "A" attached.
Section 5. This action shall become final and effective fourteen (14) days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this
action is call for review by the City Council 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 JANUARY, 2002.
AYES: Kiser,. Tucker
Gifford, Kranzley and Selich
NOES: .tcDaniel, Agajanian
ABSENT: None
BY:�
Larry Tucker, Chairman
Earl McDaniel, Secretary
11
EXHIBIT "A"
CONDITIONS OF APPROVAL
Variance No. 2001 -004 & Modification No. 2001 -098
1. The development shall be in substantial conformance with the approved site plan and floor
plans revised and dated December 19, 2001 except as revised by other conditions of
approval. The architectural style and quality shall be substantially as set forth in the plans
dated August 21, 2001.
The Variance No. 2001 -004 and Modification No. 2001 -098 shall expire unless exercised
within 24 months from the date of approval as specified in Section 20.91.050 if the Newport
Beach Municipal Code, unless an extension is otherwise granted.
The project shall comply with applicable structure and building height regulations contained
within Chapter 20.65 of the Municipal Code.
4. The applicant shall obtain all applicable permits from the Building Department.
Stair access within the side yards is required to bedroom windows if required by the
Building Department.
6. The lower level shall comply with the Uniform Building Code definition of a basement
otherwise the project shall provide 2 stairways for exiting purposes for each unit from the
third and fourth floors to grade.
7. The building shall be equipped with an automatic fire sprinkler system as the building
exceeds 5,000 square feet in area.
S. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
9. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code
or other applicable section or chapter, additional street trees shall be provided and
existing street trees shall be protected in place during construction of the subject project,
unless otherwise approved by the General Services Department and the Public Works
Department. All work within the public right -of -way shall be approved under an
encroachment agreement issued by the Public Works Department.
10. That arrangements be made with the Public Works Department in order to guarantee
satisfactory completion of the public improvements, if it is desired to record a parcel map
or obtain a building permit prior to completion of the public improvements.
11. Each dwelling unit shall be served with an individual water service and sewer lateral
connection to the public water and sewer systems unless otherwise approved by the
Public Works Department and the Building Department.
1
12. On -site parking, vehicular circulation and pedestrian circulation systems shall be subject
to further review by the Traffic Engineer.
13. The owner shall provide the City Building Department with a recorded reciprocal access
agreement between the subject property and the abutting property to the west. This
agreement shall be subject to the review and approval of the City of Newport Beach and
shall be recorded prior to issuance of any grading or building permits.
14. The footings for the proposed property line retaining walls shall be designed so that their
footings remain on private property and will not encroach into the public right -of -way.
15. The existing unused portion of the drive approach on Dahlia Avenue shall be removed
and replaced with curb, gutter and sidewalk. All work shall be completed under an
encroachment permit issued by the Public Works Department.
16. A drainage study shall be prepared by the applicant and approved by the Public Works
Department for the on -site improvements prior to issuance of any building or grading
.permits.
17. 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.
18. The project shall be consistent with the design originally submitted in terms of material
and style as depicted on the elevation drawings dated August 21, 2001.
19. The carport depicted on the approved plans shall be enclosed creating a garage. The
width of the garage, in conjunction with the approved site plan and floor plans shall be no
larger than necessary while providing a 15 -foot front yard setback and a 5 -foot rear yard
setback. The depth of the garage shall not exceed the depth depicted on the approved
floor plan identified in Condition No. 1.
20. The second level deck located above the carport depicted on the site and floor plans dated
December 19, 2001 shall be reduced in size or eliminated. A reduced deck shall not extend
northwest of the adjacent bathroom depicted on the approved plan.
21. The gross floor area of the project shall not exceed 5,100 square feet plus an additional
amount of floor area necessary to enclose the 2 -car carport as described in Condition No. 19.
The garage depicted on the site and floor plans dated December 19, 2001 shall be included
in the 5,100 square feet figure cited in this resolution.
1:1 USERSI PLN1Shmd\PA 's\PA2001- 173\resolution.doc
RI
JEFFR OWN
405 Dahlia Street • Corona Del Mar • CA • 92625
February 19, 2002
Jim Campbell
City of Newport Beach
Re: Variance No. 2001 -004 and Modificaton No. 2001 -098
Dear Mr. Campbell:
RECEIVED BY
PLANNING DEPARTMENT
CITY np MpAjpnOT nr_A'^ ,
AM FEB 19 2002 PM
71818110111112111813141516
Thank you for your continued support and patience with me and my project at 405 Dahlia
Avenue. Due to reasons and circumstances beyond my control, I am unable to fulfill
condition numbers 13 and 15 of approved Variance number 2001 -004 (copy of
Resolution attached for your review). After my initial surprise and disappointment that I
cannot proceed with building plans due to yet another change of heart of my neighbor at
407 Dahlia, I have developed an alternative garage access plan which results in
absolutely NO CHANGE to any structural, height, setback, or square footage requirement
or aspect of approved Variance number 2001 -004. 1 am committed to designing the
garage structure such that all of the conditions, including item numbers 13 and 15 of
variance number 2001 -004 can be economically and easily implemented at a future date
should my neighbor have, yet again, another change of heart, even if after the project is
completed.
After reviewing the attached plans. Please let me know if there is any additional
information you would like me to provide.
Again, thank you for your assistance on this matter.
Sincerely,
ey J. Brown
M
54.0'
--L
LLLL
L
LL
I LLLLLL
LLLLL
i LLL
LLLLLL
LLLL
- - - - - - - - - L LLLL
I LLLLLL
(LLLL
LLL LL
J ILLLLLL
4�LLLLL
I
,LL LLLLLL
O LLLL
LLLLLL
O J / IL LL LLL
LLLL
% LLL
IL LLL
.L l_.. LL LLLL
J J
SUBJECT �-
i PROPERTY
I I
3.84' I
� I
I I I
� I I
i I I
I
I � I
I L---------- - - - - -J
L- - - - - - - - - - - - - -
I
I
I
_ J
N
j
5
m
Z_
W
0
END OF ST EET
TURF BLOCK
AT DRIVE AREA
36" BOX
SCREEN TREE
N FRONTAGEIMPROVEMENTS
405 DAHLIA 1" =10'
ju
Grosscretw"
Structurally Sound Porous Pavement
flilil:
Grasscrete Specifications: Bomanite Corporation: Stamped and Imprinted Concrete, Bom... Page 1 of 3
GRASSCRETE® GUIDELINE SPECIFICATION
The GRASSCRETE contractor is licensed and trained by BOMANITE® CORPORATION, P.O. Box
599, Madera, CA 93639 -0599. The work is usually called out in a section of the specifications
separate from concrete and landscaping (Section 2 under Erosion Control 02370 and Porous
Pavement 02795).
SECTION :GRASSCRETE
1. Scope. All work in this section shall be designated as GRASSCRETE in the plans. The work shall
include all labor, materials, equipment and transportation required to install GRASSCRETE.
2. Contractor. The Contractor for this work shall be licensed by Bomanite Corporation, P.O. Box
599, Madera, CA 93639 -0599, (559) 673 -2411.
3. Subgrade. The subgrade for GRASSCRETE shall be prepared for expected loading and
drainage requirements. Subgrade for vehicle traff ic shall be in accordance with local concrete street
specifications. (NOTE: Because of the wide variety of soil types, weather and anticipated loading, it
is not possible to recommend one specific subgrade design. The specifier should keep in mind that
GRASSCRETE is porous, and much of the water which falls on the surface will pass through to the
subgrade. For most applications except for very heavy loads, native soil having a minimum "R"
Value of 30 and a compaction of 95% will provide a suitable subgrade. In areas having poor soil
and /or very heavy anticipated loads, 4" or more of soil should be excavated and replaced with
compacted base rock.)
4. Concrete Mix. The concrete shall have a minimum compressive strength of 3,000 psi in 28 days
(except in severe freeze -thaw areas or for vehicles weighing 10 tons or more, in which case it
should be 4,000 psi). Portland Cement shall conform to ASTM C 150, Type I, II, or V. Aggregates
shall conform to ASTM C 33 and be 3/8" minus. Mixing water shall be fresh, clean and potable. In
freeze -thaw areas, air entrainment of 6.5% to 8.5% shall be provided. Water reducing admixtures
and /or super - plasticizers are permitted and shall conform to ASTM C 494.
S. Slab Design.The GRASSCRETE slab shall have a minimum thickness of 5 1/2 ". GRASSCRETE
should be recessed 1 " -1 1/2" below adjoining surfaces to allow for grass and topsoil. All perimteters
of GRASSCRETE should be restrained by an existing hard surface or a monolithic concrete border.
Red painted borders should be used on all edges of emergency access paving. Where used for
emergency vehicle access roads or any driving surface, all edges shall be a monolithic concrete
border having a minimum width of 12 ".
6. Reinforcement.The GRASSCRETE shall be continuously reinforced with _ welded wire
fabric chaired between 2 and 3 inches above the subgrade. (Refer to the following section for
guidelines on the selection of reinforcement.) Intended Use — Welded Wire Mesh.
a. Erosion control, parking lots, driveways, access roads for vehicles weighing 10 tons or less. 6" x
6 " -10 ga. x 10 ga. (6 x 6 -W1.4 x W1.4)
b. Regular use by vehicles weighing more than 10 tons, and access roads for fire apparatus with
outriggers -- 6" x 6 " -6 ga. x 6 ga. (6 x 6 -W2.9 x W2.9)
c. For alternate reinforcement, #3 rebar placed at 18" on center may be used in lieu of welded steel
fabric. This may increase cost due to additional labor.
7. Construction Process.
a. Subgrade shall be leveled to a uniform plane 5 -1/2 inches below the final grade of the
GRASSCRETE slab and 61/2" - 7" below adjoining surfaces. 1 a
ihttp : / /www.bomanite.com/grasspec.htm
03/12/2002
Grasscrete Specifications: Bomanite Corporation: Stamped and Imprinted Concrete, Born... Page 2 of 3
b. Welded wire fabric shall be chaired.
c. GRASSCRETE formers shall be placed on the subgrade
d. Concrete shall be placed and leveled to the top of the GRASSCRETE formers. The concrete
surface shall have a heavy, rough broom finish.
e. GRASSCRETE formers shall be withdrawn after the concrete has hardened sufficiently
f. Slab shall be cured with suitable curing membrane. (Do not use chemicals harmful to growth of
grass.)
8. Soil and Seed. Holes are to be filled and 1" of topsoil is to cover the GRASSCRETE surface for
seeding or sod suitable for your local conditions. (NOTE: Typically done by landscape contractor
rather than GRASSCRETE Contractor.)
9. Traffic.No traffic of any kind shall be permitted on the GRASSCRETE slab until fourteen days
after placing of concrete and only after soil is placed in holes. Thereafter, vehicles shall be permitted
providing they do not exceed the weight capacity for the slab.
ADDITIONAL DATA:
1. Grass Coverage.Surface area is 47% concrete & 53% hole. Grass usually covers much of the
concrete in areas not subject to regular vehicle traffic.
2. Concrete Coverage. The volume of concrete used in GRASSCRETE is equal to a normal 4"
concrete slab.
3. Maintenance. GRASSCRETE requires watering and mowing as would be normal for any lawn.
Irrigation must be provided in dry climates to keep the grass healthy. Mowing needs are less in
areas of frequent traffic. The grass roots are protected by concrete and are not damaged by vehicle
use.
4. Alternate to planting grass. Holes may be filled with crushed stone, seashells, etc., to provide
drainage.
6. Drainage. GRASSCRETE drains at about the same rate as would an ordinary lawn in the,same
location. The presence of the concrete has little effect on the drainage; the soil and the slope are the
controlling factors. A test report by an independent laboratory on infiltration rates is available upon
request.
6. Load Test Report. A test report by an independent laboratory on a fire truck load test is available
upon request. A 33 ton Grumman fire apparatus with outriggers was tested with a horizontal
extension of 100 feet of its man -lift with 800 pounds of weight in the man -lift. (Note that
GRASSCRETE is a continuously reinforced monolithic slab, and therefore has flexural strength,
unlike unit pavers.)
7. Fire -Lane Access. It is recommended that a 12" border can be used at perimeters of
GRASSCRETE monolithic to GRASSCRETE driving surface.
B. Concrete Volume. GRASSCRETE is 60% concrete by volume and 40% void area, not including
widened edges and solid borders (see item 2 above).
9. Slope Paving. GRASSCRETE can be readily installed on slopes as steep as 3:1. Steeper slopes
are more difficult and costly and 2:1 is the steepest that could be possible.
}
http: / /www.bomanite.com/grasspec.htm 03112/2002
Grasscrete Specifications: Bomanite Corporation: Stamped and Imprinted Concrete, Born... Page 3 of 3
10. Curved Areas. GRASSCRETE formers are square and are used most effectively in rectangular
areas free of obstruction. GRASSCRETE may be used in curved areas and areas having
obstructions. Areas where complete former will not fit are filled with 3" pipe holes.
NOTE: GRASSCRETE is not designed to be a finished surface.
IMPORTANT NOTE: This specification supersedes all GRASSCRETE specifications published prior
to November 1, 1999.
®GRASSCRETE is a registered trademark with the U.S. Patent Office. The trademark is owned by
Grass Concrete International, Ltd. BOMANITE CORPORATION is licensed in the United States by
Grass Concrete International, Ltd. to use its trademark.
k►a€€ i f.,IfCiIM€ I f 7€f�:ue
F711�Ics €t. 1 I'€tie3ftttfE 4e:ir•titLfE
E -Mail us at bomanite@bomaWt -e.com
Copyright 1996 by Bomanite Corporation
http : / /www.bomanite.com/grasspee.htm 03/12/2002