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HomeMy WebLinkAboutCandelmo Residence (PA2002-103)A�"pere CITY OF NEWPORT BEACH Hearing Date: August 8, 2002 �+. PLANNING DEPARTMENT Agenda Item: 5 i 3300 NEWPORT BOULEVARD Staff Person: Bill Cunningham ogA�,'r NEWPORT BEACH, CA 92658 (949) 644 -3200 (949) 6443200; FAX (949) 6443229 Appeal Period: 14 days after final action REPORT TO THE PLANNING COMMISSION PROJECT: Candelmo Residence (PA2002 -103) 438 Dahlia Avenue SUMMARY: Establishment of grade pursuant to Section 20.65.030.B.3 for the construction of a new duplex to replace an existing duplex. The existing slope is proposed to be filled creating a flat building pad comparable with the abutting street and alley. ACTION: Adopt the attached resolution approving Site Plan Review No. 2002 -002. APPLICANT: Anthony Candelmo 438 Dahlia Avenue Corona del Mar, CA 92625 PROPERTY OWNER: Anthony Candelmo 438 Dahlia Avenue Corona del Mar, CA 92625 LOCATION: On the east side of Dahlia Avenue and approximately 30 feet south of Second Avenue in Corona del Mar. LEGAL DESCRIP'T'ION: Lot 22 in Block 432 of Corona del Mar Tract. GENERAL PLAN: Two - Family Residential ZONING DISTRICT: Two - Family Residential (R -2) District. 0 o Fed: VICINITY MAP Site Plan Review No. 2002 -002 gw2m -m) 438 Dahlia Avenue 0 Current Development: Duplex To the north: Duplex To the east Duplex across an alley To the south Single-family residence To the west: Duplexes and single-family residences across Dahlia Avenue 438 Dahlia Ave. (PA2002 -103) August 8, 2002 Page 2 of 6 Introduction & Background The applicant, Anthony Candelmo, is seeking approval of a Site Plan Review for the purposes of establishment of grade pursuant to Section 20.65.030.B.3 in order to construct a new duplex. An existing older duplex is currently located on the property. Proiect Overview The applicant proposes to demolish the existing older duplex originally constructed in 1948, located on a lot that has an existing natural grade approximately seven to eight feet below the level of Dahlia Avenue and the adjacent alley. The applicant proposes to fill the site to bring the entire lot level with the street and alley, and to construct a new duplex that will consist of a 1,872 square -foot front unit, a 1,256 square-foot rear unit and a 400 square -foot carport. Analysis General Plan The City's General Plan designates the site as Two-Family Residential. A duplex is a permitted use within this land use designation. Therefore, the proposed project is consistent with the General Plan. Establishment of Grade Section 20.65.030.13.3 of the Zoning Code permits the establishment of grade for the purposes of measuring building height. That Section states: "In a case where natural grade or finished grade as referred to herein is, in the judgment of the Planning Commission, inappropriate or unworkable for the purpose of measuring height, the Planning Commission shall establish grade in such a way to insure that the intent or purpose of this chapter is fulfilled. The establishment of grade by the Planning Commission shall require approval of a site plan review... " The project site is currently developed with an older duplex that is constructed in a ravine that runs through the center of the property. The lot slopes from the street level to a depth of seven to eight feet, and gradually slopes back up to the level of the alley at the rear of the property. The lot is further complicated by the fact that the alley slopes upward from north to south by approximately 3.5 feet. The lot elevation at the northwesterly comer is 100.01 feet, drops to 91.9 feet (drop -off of 8.11 feet) near the middle of the lot, and gradually rises to 99.58 feet at the northeasterly corner; and along the southerly property line, the elevation is 99.31 feet at southwesterly corner, drops to 92.1 feet (drop -off of 7.21 feet) at the middle of the lot, and gradually rises to 103.03 feet at the southeasterly corner. Applicant proposes to fill the entire lot resulting in a finish pad elevation of approximately 100 feet, and a finish floor elevation ranging from 101.5 feet at the front unit and 101.8 feet at the rear unit. The proposed new finished grades will be consistent with the existing grades along Dahlia Avenue (99.66 feet average) and the alley (101.3 feet average). The resultant pad elevation will be consistent with other lots throughout the area, and will be configured so that storm flows drain to the street. 438 Dahlia Ave. (PA2002 -103) August 8, 2002 Page 3 of 6 The existing variation in grade makes it difficult to construct a single building, and would result in a structure with varying roof planes. Such a design would not be consistent with the other buildings located along Dahlia Avenue and throughout the Corona del Mar area. Those structures in general, and newer structures in particular, have been designed on level lots and have the appearance of townhomes. In reviewing past requests for establishment of grade, the Planning Commission has considered whether or not the proposed new grade was compatible with adjacent properties. The property to the north (440 Dahlia Avenue) is an older duplex that was originally constructed in 1948. That property is similar to the subject parcel in that the duplex units are constructed in the ravine with a portion of the living area below the grade level of Dahlia. Similarly, the property to the south (436 Dahlia Avenue) is a single - family structure and a portion of the lot is below the grade level of Dahlia Avenue and the alley. However, in the case of 436 Dahlia Avenue, the structure has been constructed to the rear portion of the lot and the front portion is a garden/patio area that exists approximately six to seven feet below the level of the street. Therefore, retaining walls will be placed at both the northerly and southerly property lines of the subject property to support the foundation. These retaining walls will range from one to eight feet in height at the middle of the lot. The results of the finished structure on the newly -filled parcel will be that the property to the south will view a retaining wall of up to eight feet in height with a structure ranging up to 29 feet in height, and the property to the north will view a retaining wall up to seven feet in height with the two -story structure on top. Staff estimates that the new structure will be approximately 10 feet higher than the currently existing structure. The plans do not show a fence or wall along the north and south property lines, however, given the drop off of seven to eight feet in the center of the property, a fence or wall will be required for security and safety purposes. Side yard fences may be up to six feet in height, and, in accordance with Zoning Code Section 20.60.030.A.5, fences and walls in Old Corona del Mar may extend up to five feet in height within the front setback provided the upper three feet remains at least 40% open. A five to six -foot high fence on top of a retaining wall ranging up to eight feet in height, would result in a total wall/fence height of up to fourteen feet in height when viewed from the adjacent properties to the north and south. Therefore, staff has added a condition to the draft resolution (Condition No. 12) that limits the fence or wall along the north and south property lines to not exceed three feet in height, until such time as the adjacent properties are developed and provided that the grades of the redeveloped properties are raised to the level of the subject property. In evaluating the proposed project, staff notes that both of the adjacent properties are older and are likely to be redeveloped in the future, possibly in a similar fashion to the project if this application is approved. However, it still should be noted that approval of the establishment of grade would allow the new building to be up to eight feet higher in the center of the property than would be allowed without the approval. 438 Dahlia Ave. (PA2002 -103) August 8, 2002 Page 4 of 6 Development Standards The property is located within the R -2 District and the 24/28 Height Limitation District. The project meets all of the R -2 development standards, and if the establishment of grade is approved, the project will comply with the maximum building height. Site Plan Review Section 20.92.030 includes a number of standards that are required to be applied for site plan review. Applicable standards to this project include requirements for grading and development with "due regard for aesthetic qualities of the natural terrain" and development that is "compatible with the character of the neighborhood and surrounding sites. " The established grade as proposed will result in a structure that is higher than the two adjacent properties, however, the overall project design is more compatible with the character of the surrounding neighborhood, and will result in one of three properties being developed in a manner to drain towards the street, rather than across an adjacent property. Storm Drainage As noted above, the subject property as well as the properties to the north and south are below the level of Dahlia Avenue, and all three properties drain to the north towards Second Avenue. The adjacent property to the south has the front yard in the lower level towards Dahlia, and that area currently drains across the subject property. The proposed development will result in a retaining wall that will block the current storm drainage from the south property. Therefore, staff has added a condition to the draft resolution (No. 13) requiring the applicant to have prepared a drainage study that addresses both the drainage of the subject lot as well as adjacent properties, and requires remedial drainage facilities to be installed. Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmentla Quality Act under Class 2 (Replacement or reconstruction). Conclusion The request to establish a grade based on filling the center portion of the lot will result in a lot that is at the level of the street. Even though the resultant lot grades will not be consistent with the adjacent parcels to the north and south, staff notes that the grades as proposed by the applicant are consistent with the grades of lots along Dahlia and generally throughout the neighborhood. In evaluating the request, staff noted that the architecture of the proposed new structure is similar and compatible with the other newer structures in the area. Therefore, staff recommends that the request be approved. If the Commission concurs, the draft resolution for project approval should be considered (Exhibit No. 1). 438 Dahlia Ave. (PA2002 -103) August 8, 2002 Page 5 of 6 The Commission also has the option to deny the request to establish grade based on evidence and testimony submitted at the public hearing, in which case the attached findings for denial should be made. Submitted by: PATRICIA L. TEMPLE Planning Prepared by: WILLIAM CUNNINGHAM Contract Planner J'W c .C. Exhibits 1. Resolution No. 2002 -_; findings and conditions of approval 2. Findings for denial 3. Project plans 438 Dahlia Ave. (PA2002 -103) August 8, 2002 Page 6 of 6 EXHIBIT 1 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING SITE PLAN REVIEW NO. 2002 -002 FOR PROPERTY LOCATED AT 438 DAHLIA AVENUE (PA2002 -103) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Anthony Candelmo with respect to property located at 438 Dahlia Avenue and described as Lot 20 in Block 432 of Corona del Mar Tract, requesting approval of Site Plan Review No. 2002 -002 to establish grade in order to construct a new duplex within Corona del Mar. Section 2. A public hearing was held on August 8, 2002 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 Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: The proposed grade, lot configuration and new duplex are consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City. 2. The proposed grade is consistent with the provisions of Zoning Code Section 20.65.030.B.3 in that the existing natural grade is in appropriate for the purpose of measuring height and the new established grade is more reasonable and workable in that it results in a uniform building envelope across the width and depth of the property. 3. The proposed grade will result in a building design that is more in conformity with other lots and building designs throughout the neighborhood, and the resultant project is in conformity with the development standards of the zone district within which it is located. 4. The proposed new grade will result in a lot that is at street level and will result in a project that will have storm drainage to the street. 5. The design of the proposed improvement will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 6. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 2 (Replacement or reconstruction). I City of Newport Beach Planning Conunission Resolution No. Paee 2 of 4 Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Site Plan Review No. 2002 -002, subject to the Conditions set forth in Exhibit "A." Section 5. 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 or this action is called 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 TINS 8th DAY OF AUGUST, 2002. BY: Steven Kiser, Chairman i." Shant Agajanian, Secretary AYES: NOES: 11 City of Newport Beach Planning Commission Resolution No. Page 3 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL SITE PLAN REVIEW NO. 2002-002 1. The development shall be in substantial conformance with the approved plot plan, floor plan, elevations and preliminary grading plan dated May 31, 2002. 2. Site Plan Review No. 2002 -002 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The Planning Commission may add to or modify conditions of approval to this site plan review, or revoke this site plan review upon a determination that the implementation of the project which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 4. 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 Uniform Building Code. 5. All improvements Shall be constructed as required by Ordinance and the Public Works Department. 6. 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. 7. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 8. Each dwelling unit/building 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. 9. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. All vehicular access shall be from the adjacent alley, and the carport shall be redesigned to have a maximum 5% slope. 10. The brick pavers in the Dahlia Avenue parkway shall be removed and replaced with turf in accordance with City Council Policy No. L -22. 11. 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 11 City of Newport Beach Planning Commission Resolution No. _ Page 4 of 4 control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 12. Fence and/or wall height along the north and south property lines shall not exceed three feet. In the event the adjacent property to either the north or south is redeveloped in the future and the grade of the redeveloping property is raised to approximately the same level as the subject property grade, the fence/wall height along the property line adjacent to the redeveloping property may be raised to the full height permitted by the Zoning Code. 13 Prior to issuance of a building permit, the applicant shall prepare a drainage plan to the approval of the Public Works Department. The drainage plan shall also address any drainage from adjacent properties that currently cross the subject property and shall provide for adequate drainage facilities from those properties to be installed by the applicant. ID EXHIBIT 2 FINDINGS FOR DENIAL Site Plan Review No. 2002 -002 (PA2002 -103) The approval of Site Plan Review No. 2002 -002 will, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons living and working in the neighborhood, will be detrimental to the general welfare of the City and is not consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code for the following reasons: 1. The project will be detrimental to adjacent parcels in that it will require the construction of retaining walls to accommodate fill, and will result in a structure height in excess of heights of the adjacent dwellings. 2. The indoor and outdoor living areas of the adjacent residential units will view the retaining walls of the proposed project. 3. 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