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. The project site can be developed so that the structure is built with existing natural
grade consistent with adjacent parcels to the north and south.
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