Loading...
HomeMy WebLinkAboutZA2013-080 - APPROVED MD2013-015 - 3400 OCEAN BLVDRESOLUTION NO. ZA2013 -080 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2013 -015 FOR AN ENTRY STAIRWAY, RAMP, AND RETAINING WALL LOCATED AT 3400 OCEAN BOULEVARD (PA2013 -177) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Miguel Fernandez, representing property owner, Jon Prun, with respect to property located at 3400 Ocean Boulevard, and legally described as Lots 7 and 8, Block 140 of the Resubdivision of Corona del Mar, as shown on a map recorded in Book 4, Page 67 of Miscellaneous Maps, records of Orange County, California, excepting the East 12 feet of Lot 7, requesting approval of a modification permit. 2. The applicant proposes a modification permit to allow a Building Code required guardrail of an as -built exterior entry stairway and a proposed access ramp in the side setback adjacent to Marigold Avenue to exceed the 6 -foot height limit by 7 inches. The applicant also requests approval of an as -built 3- foot -3- inch -high retaining wall adjacent to the right -of -way within the front setback where the Zoning Code limits the height of the first retaining wall in a series to a maximum of 2 feet in height. 3. The subject property is located within the R -1 (Single -Unit Residential) Zoning District and the General Plan Land Use Element category is RS -D (Single -Unit Residential Detached). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD -B (Single -Unit Residential Detached). 5. A public hearing was held on November 27, 2013, in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). Zoning Administrator Resolution No. ZA2013 -080 Paqe 2 of 8 2. The Class 5 categorical exemption includes side yard and setback variances not resulting in the creation of any new parcel. The Modification Permit for the entry stair and ramp within the side setback and retaining wall within the front setback qualify under this exemption. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050.E (Required Findings, Modification Permits) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of the findings for a modification permit are set forth: Finding: A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: 1. The neighborhood is comprised of a development pattern of single -unit and two -unit (duplex) dwellings. 2. The adjacent property and other properties fronting Ocean Boulevard have similar retaining wall improvements adjacent to Ocean Boulevard. The height of the 3- foot -3- inch retaining wall is less than the typical 42 inch maximum typically allowed in the front yard setback for fences and walls that are not retaining. 3. The subject property is a corner lot where the as -built stairway and proposed ramp would provide required access to the dwelling along Marigold Avenue. These types of improvements are typical along a street side residential frontage. The guardrails consist of open wrought iron construction and the solid wall is 3 feet 1 inch in height at its highest point. Finding: B. The granting of the modification 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. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -080 Paqe 3 of 8 Facts in Support of Finding: 1. The requested structures are over height as a result of the need to comply with Building Code requirements for a minimum 42 -inch guardrail and grade changes along the adjacent street frontages. 2. The stair and ramp entry are designed in such a way to provide the required landing for the entry and accommodate the basement walls located below the main residence. 3. The granting of the Modification Permit would not constitute a special privilege inconsistent with the limitations upon other properties along Ocean Boulevard as it allows the property owner to maintain parity with the usable access and entry improvements enjoyed by nearby properties. 4. The front of the property adjacent to Ocean Boulevard has a grade differential of approximately 11 inches from the left side of the property to the right side of the property. The height of the wall in its as -built condition provides a consistent top of wall elevation across the Ocean Boulevard frontage. Finding: C. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and /or structure, and /or characteristics of the use. Facts in Support of Finding: 1. The property has a 4 -foot grade differential from the finished floor elevation of the residence to the finished surface elevation at the adjacent sidewalk along Marigold Avenue. The as -built stairway is necessary to achieve proper access into the residence with the Building Code required guardrail. 2. The ramp is necessary to achieve wheel chair access into the home. Due to the 4 -foot grade differential adjacent to Marigold Avenue, the ramp exceeds the 6 -foot height limit because of the Building Code required guardrail. 3. The front of the property adjacent to Ocean Boulevard is part of a series of walls that retain the 5- foot -11 -inch vertical change in the front yard leading up to the finished floor of the residence. The height of the wall in its as -built condition provides a consistent top of wall elevation across the Ocean Boulevard frontage. This retaining wall has a grade differential of approximately 11 inches from the left side of the property to the right side of the property. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -080 Paqe 4 of 8 Finding: D. There are no alternatives to the Modification Permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Facts in Support of Finding: 1. Strict application of the code would require the existing improvements to be removed and reconstructed in such a way that all structures are constructed entirely on private property and guardrails are not required for the stairway and ramp to access the residence. 2. Strict application of the code would require the applicant to remove the existing front retaining wall and lower or step it so that it does not exceed 2 feet in height at any point along the entire Ocean Boulevard frontage. This retaining wall is part of a series of walls that retain the 5- foot -11 -inch vertical change in the front yard leading up to the finished floor of the residence. Finding E. The granting of the modification would not be detrimental to public health, safety, or welfare to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Fact in Support of Finding 1. The stair and ramp location adjacent to Marigold Avenue allows for adequate access for emergency personnel. The spatial relationships between existing development and the adjacent Marigold Avenue suggest that the light, air, and public use of the adjacent right - of -way will not be negatively affected. 2. The applicant/owner is required to obtain a building permit for the as -built and proposed work. The construction will then be inspected prior to final of building permits. 3. The existing development on the property is a single - family residence. As such, there is no change to the density or intensity resulting from the as -built entry stair, proposed ramp, and as -built retaining wall. 4. That the design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -080 Paqe 5 of 8 5. Public improvements will be required of the Applicant per the Municipal Code and the Subdivision Map Act. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2013 -015 (PA2013 -177), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF NOVEMBER, 2013. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -080 Paqe 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Modification Permit No. MD2013 -015 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. A copy of the Resolution with conditions of approval shall be incorporated into the Building Division and field sets of plans prior to the issuance of building permits. 4. Prior to the issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Modification Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Modification Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 5. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Modification Permit. 7. The Zoning Administrator may add to or modify the conditions of approval to this Modification Permit or revoke this Modification Permit upon a determination that the operation, which is the subject of this Modification Permit, causes injury, or is detrimental to the health, safety, peace, comfort, or general welfare of the community. 8. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the property owner. 9. To the fullest extent permitted by law, applicant shall indemnify, defend, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -080 Paqe 7 of 8 actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Prun Residence Modification Permit including, but not limited to, Modification Permit No. MD2013 -015 (PA2013 -177). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division and Fire Department Conditions 10. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 11. The structures shall comply with the 2010 California Residential Code for construction relative to the property line. Non combustible construction shall be required to the satisfaction of the Building Division. The ramp shall provide the minimum width required by the 2010 California Residential Code. Public Works Conditions 12. The as -built stairway and existing planter walls along Marigold Avenue are encroaching approximately 6 -8 inches into the public right -of -way. Prior to issuance of building permits, the applicant shall obtain approval of an encroachment agreement with a waiver of Council Policy L -6 to retain the entry stairway railing and wall adjacent to the alley as constructed. 13. Prior to the issuance of building permits, the planter wall in front of the stairway closest to Ocean Boulevard shall be lowered to 36 inches in height within the right -of -way and the applicant shall obtain an encroachment agreement for the 7- foot -10- inch -wide planter wall built within the public- right -of -way adjacent to Marigold Avenue. 14. Prior to issuance of building permits, the project plans shall demonstrate that the guardrail for the proposed ramp will be constructed entirely on private property. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -080 Paqe 8 of 8 15. The 5 -foot parkway within the Marigold Avenue right -of -way shall be maintained as landscape /softscape without hardscape improvements. 16. County Sanitation District fees shall be paid prior to the issuance of any building permits. 17. All improvements shall be constructed as required by Ordinance and the Public Works Department. 08 -09 -2013