HomeMy WebLinkAbout2003-60 - 3431 Ocean Blvd Modification PermitRESOLUTION NO. 2003- 60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DENYING VARIANCE NO. 2003 -005
(PA2003 -180) AND APPROVING AN AMENDMENT TO
MODIFICATION PERMIT NO. 2002 -049 FOR PROPERTY
LOCATED AT 3431 OCEAN BOULEVARD (PA2003 -180).
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES
AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Tom Stewart/Fleetwood Joiner Associates on
behalf of the property owners, Lawrence and Lana Tabak, with respect to property located at
3431 Ocean Boulevard, and legally described as Lot 8, Tract 1257, requesting approval of a
Variance to construct a 7,325 square foot residence that would exceed the 24 -foot height limit
and an amendment to Modification Permit No. 2002 -049 to allow portions of a proposed single
family residence to encroach up to 8 feet into the required 10 -foot front yard setback. Both the
Land Use Element of the General Plan and the Zoning Code designate the site as Single Family
Detached Residential.
Section 2. A public hearing was held by the Planning Commission on September 18,
2003, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California.
A notice of the time, place and purpose of the aforesaid meeting was given. Evidence, both
written and oral, was presented to and considered by the Planning Commission at this meeting.
At the conclusion of this meeting, the Planning Commission acted to deny the Variance and
approve the Modification Permit.
Section 3. A public hearing was held by the City Council on October 14, 2003 and
November 12, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport
Beach, California. A notice of the time, place and purpose of the aforesaid meeting was given.
Evidence, both written and oral, was presented to and considered by the City Council at these
meetings.
Section 4. The City Council finds that the requested variance is not justified and is
hereby denied for the following reasons:
a) Although the property has topological constraints, the applicant has chosen to heavily
excavate the property, which alleviates the topography constraint, rather than
developing the property utilizing the current physical characteristics. Therefore, there
are no exceptional or extraordinary circumstances applying to the property or use
referred to in the application that would preclude development of the property with a
single family residence designed in compliance with the height limit. The previously
approved plans for Modification Permit No. 2002 -049 show that a residence at or near
the maximum allowable floor area allowed can be designed within the 24 -foot height
limit.
b) The granting of the application is not necessary for the preservation and enjoyment of
a substantial property right in that private view enhancement is not a General Plan
goal nor are private views protected by the Municipal code. The applicant's views are
maintained without the encroachment into the height limit, and full building area can be
achieved without the encroachment into the height limit. Therefore, approval of the
Variance is not necessary to preserve a substantial property right.
c) The granting of the application is not consistent with the purposes of the Zoning Code
and will constitute a grant of special privilege inconsistent with limitations placed on
other properties in the vicinity within the same zoning district in that the encroachment
into the height limit for the purpose of enhancing a private view is not a goal of the
General Plan or a guarantee of the Zoning Code. Additionally, approval of the
Variance to the height limit does not achieve the goal of the Zoning Code in regards to
the reduction of nonconformities and consistent application of regulations.
Section 4. The City Council finds that the requested amendment to Modification
Permit No. 2002 -049 for encroachments within the front yard setback will 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:
a) The proposed encroachments will be approximately 60 feet from the existing sidewalk.
This increased distance sufficiently separates the building mass from the sidewalk
especially due to the fact that the height of the proposed residence does not exceed the
adjacent top of curb height, and is actually below the top of curb. The majority of the
proposed encroachment is below grade and will not be visible.
b) The code provides flexibility in the application of land use and development regulations
by way of permitting modification and variance applications. This procedure is
intended to resolve practical and unnecessary physical hardships resulting from the
unique topography and lot configurations that exist in the area and on this lot.
c) The proposed front yard encroachment is a reasonable design solution given the
topography and location of the site in that the encroachments on the first, second, and
third levels are below the driveway grade levels of the subject property and cannot be
viewed from the street level, and, further, that the proposed encroachments are on the
street side of the property.
d) The proposed modification will not be detrimental to persons, property or
improvements in the neighborhood or increase any detrimental effect of the use in that
the portion of the encroachment that is above grade will not block line of sight or views
from the adjacent property.
e) The proposed modification will not affect the flow of air or light to adjoining residential
properties in that the encroachments are located on the street side of the property and
the required side yard setbacks are maintained.
f) The proposed front yard encroachment will not obstruct views from adjoining
residential properties nor from the public in that the structure is located below the
grade of the sidewalk along Ocean Boulevard, and the views from the adjacent
property are oriented to the south and opposite the side of the dwelling for which the
encroachment is proposed. Views from Inspiration Point are also not affected as the
encroachment is on the north side of the residence and the residence itself is
positioned between the encroachment and the view from Inspiration Point.
g) The property is located at the end of the driveway access and no through circulation is
required beyond the property, and sufficient space remains for vehicular access and
maneuvering.
h) The proposed front setback modification will not require changes to the improvements
and natural bluff area located within the public right -of -way abutting the property.
i) The 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).
Section 5. Based on the aforementioned findings, the City Council denies Variance
No. 2003 -005 and approves an amendment to Modification Permit No. 2002 -049 subject to the
findings contained herein and the conditions set forth in Exhibit "A ".
PASSED, APPROVED AND ADOPTED THIS 12th DAY OF NOVEMBER, 2003.
ATTEST:
AYES, COUNCIL MEMBERS Heffernan, RidQewav,
Adams, Mayor Bromberg
NOES, COUNCIL MEMBERS Webb
ABSENT COUNCIL MEMBERS Nichols
ABSTAIN, COUNCIL
ILL
CITY CLERK
u
EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDMENT TO MODIFICATION PERMIT NO. 2002 -049
1. The development shall be in substantial conformance with the plot plan, floor plans and
elevations dated July 10, 2003 with the exception of revisions required to eliminate any
encroachments into the 24 -foot height limit and any revisions required by the following
conditions.
2. Amendment to Modification Permit No. 2002 -049 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 applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The project shall comply with all applicable Fire and Building Code
regulations, including the requirement for installation of a sprinkler and fire suppression
system.
4. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
5. Exiting from each level of the residence shall comply with applicable standards of the Fire
and Building Code.
6. Prior to the issuance of demolition, grading or building permits, the applicant shall
obtain approval from the California Coastal Commission for the demolition of the
existing residence and the construction of the new residence, if necessary.
7. 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.
8. Chimney heights shall comply with the regulations specified by section 20.65.070 of the
Zoning Code.
9. Prior to the issuance of grading or building permits, a drainage plan shall be prepared
and approved bythe Building, Public Works and Planning Departments.
10. The project shall conform to the requirements of the National Pollution Discharge
Elimination System (NPDES). Prior to the issuance of grading or building permit for new
construction, a Water Quality Management Plan (WQMP) shall be prepared by the
applicant and submitted for review by the Building, Planning and Public Works
Departments. The WQMP shall be reviewed and approved by the City prior to the
issuance of a grading or building permit for new construction.
11. As part of the submittal requirements for grading and building permits, an extensive
geotechnical investigation and geotechnical report shall be prepared. Included in the
recommendations shall be a shoring plan designed to protect the adjacent properties
and right of way from damage resulting from the temporary removal of lateral support.
12. During excavation and construction, vehicular access to adjacent properties shall be
maintained at all times.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2003 -60 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
12th day of November, 2003, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Heffernan, Ridgeway, Adams, Mayor Bromberg
Noes: Webb
Absent: Nichols
Abstain: Rosansky
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 13th day of November, 2003.
(Seal)
City Clerk
Newport Beach, California