HomeMy WebLinkAbout2007-83 - Modification Approval for 1132 Ebbtide RoadRESOLUTION NO. 2007- 83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH MODIFYING THE PLANNING COMMISSION'S APPROVAL OF
MODIFICATION NO. 2007 -050 FOR PROPERTY LOCATED AT 1132
EBBTIDE ROAD (PA 2007 -111)
WHEREAS, an application was filed by Mr. and Mrs. Paul Fruchbom with respect
to property located at 1132 Ebbtide Road, and legally described as Lot 77 of Tract
2202, requesting approval of a modification permit to exceed the 3 -foot height limit for
fences, hedges and accessory structures within the 86 -foot front yard setback with the
retention of the following elements: 1) hedges; 2) a portion of an entry gate; 3) a
pilaster; and 4) a sculpture. The request also included the addition of a new 11- foot -high
sculpture within the front setback and the retention of an existing 9.5- foot -high vehicle
access gate located in the 6400t side yard setback; and
WHEREAS, at a noticed public hearing held on August 20, 2007, the Zoning
Administrator considered the application, plans and evidence, both written and oral, and
approved Modification Permit No. 2007 -050 with conditions restricting the height of the
hedges; and
WHEREAS, on August 27, 2007, Planning Commissioner Michael Toerge
initiated an appeal of the Zoning Administrator's approval of Modification Permit No.
2007 -050 on the grounds that the proposed modification fails to meet all three of the
required findings necessary to approve the request; and
WHEREAS, at a noticed public hearing held on October 18, 2007 on the appeal
of the Zoning Administrator's decision to approve Modification Permit No. 2007 -050, the
Planning Commission considered the application, plans and evidence, both written and
oral, and approved Modification Permit No. 2007 -050 with the exception of the
requested sculptures; and
WHEREAS, the Planning Commission determined that approval of a modification
for specific works of art is inappropriate; therefore, the Zoning Administrator's approval of
Modification Permit No. 2007 -050 was modified to eliminate the sculptures from the
approval; and
WHEREAS, pursuant to Section 20.95.060 C, a public hearing on an appeal is
conducted "de novo ", meaning that it is a new hearing and the decision being appealed
has no force or effect as of the date the appeal was filed. The appellate body is not
bound by the decision being appealed or limited to the issues raised on appeal; and
WHEREAS, a public hearing on the appeal of the Planning Commission's
decision to modify the Zoning Administrator's approval of Modification Permit No. 2007 -
050 was held on December 11, 2007 in the City Hall Council Chambers, at 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the aforesaid meeting was given. The application, plans, a staff report and evidence,
both written and oral, was presented to and considered by the City Council at this
meeting; and
WHEREAS, the property is designated Single -Unit Residential Detached by the
General Plan Land Use Element and Local Coastal Program Land Use Plan and zoned R-
1-B (Single - Family Residential). The existing residential structure is consistent with these
designations. The existing hedges, portion of entry gate, pilaster, existing and proposed
sculptures, and existing vehicle gate are accessory to the primary use; and
WHEREAS, since the date of the Planning Commission hearing, staff has
considered issues related to the approval of the sculptures and has determined that the
City Council can take action only on the existing 10- foot -high sculpture (Sculpture 1), but
not the proposed 11 -foot -high sculpture (Sculpture 2). Since the existing sculpture is in
place, a condition of approval can be imposed limiting the approval to the specific
sculpture that exists today; if any changes, replacement, or relocation of the sculpture
takes place in the future, the approval of that sculpture to encroach into the front yard
setback shall become null and void. Given that the proposed sculpture is a unique work
of art and is not yet in place, it would be inappropriate to approve the applicant's
request, which may prove difficult to regulate in the future. Therefore, the modification
for Sculpture 2 will not be considered at this time; and
WHEREAS, Section 20.93.030 (Modification Permits) of the Newport Beach
Municipal Code requires findings and facts in support of such findings for approval of a
modification permit for the retention of the existing hedges, entry gate, pilaster, and
sculpture located within the 86 -foot front yard setback and retention of the existing 9.5-
foot -high driveway gate located within the 6 -foot side yard setback. Such findings and
facts to support such findings are as follows:
1. Finding: The granting of the application 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.
Facts in Support of Finding:
a. The property is significantly impacted by an 86 -foot front yard setback
requirement, which is disproportionately larger than any other front yard
setback in the community and equates to approximately 46 percent of the total
lot area. Front yard setbacks within the project's community (Harbor View Hills
Community Association) range from 6 feet to 86 feet, with no apparent
consistency in their application with respect to lot size or lot orientation. The
application of an 86 -foot front yard setback on this property disproportionately
impacts this property, not only by limiting the percentage of the lot area that can
be built on, but also resulting in a front yard area significantly greater than that of
other properties.
b. Given the subject property's large front yard setback and the 3 -foot height
limitation for fences, walls and hedges within this setback, the property is
significantly limited to the types of improvements that can be constructed,
including a protective wall, fence or screen hedge. As a result, the property is
afforded less privacy and subject to increased noise and headlight impacts from
vehicles then the other properties similarly situated adjacent to Crown Drive or
similar roadways. This is inconsistent with the purpose and intent of the Zoning
Code.
c. The applicant added a 10 -foot -high sculpture (Sculpture 1) for the stated
purpose of enhancing the visual appearance of the large front yard area. The
setback creates a physical hardship in locating these structures within the front
yard due to the height limitation of 3 feet. This sculpture cannot be located
behind the front yard setback since the house is located at the setback line due
to the limited buildable area of the lot. This encroachment is minor in nature and
similar to other accessory outdoor garden improvements, such as a patio
umbrella, heater, or fountain.
d. Given the location of the property in relationship to the intersection of Crown
Drive and Crown Drive North, and in order to provide increased protection from
vehicular impacts, the applicant contends that a larger driveway gate is required
to increase visibility of the gate and alert on- coming vehicles to the turning
roadway, and to help shield the property from vehicular headlights. The new
9.5- foot -high gate was constructed of reflective stainless steel and increased
height to make the gate more visible to drivers at night.
2. Finding: The requested modification will be compatible with the existing
development in the neighborhood.
Facts in Support of Finding:
a. Harbor View Hills Community Association reviews proposed developments
within the community to ensure compatibility with the character of the
neighborhood, and have submitted a letter stating they have no objection to the
hedges so long as they do not impede Association views or traffic safety.
b. The existing entry gate and pilaster have been in place for several years and
maintain a 40 -foot setback to the front property line, more than what a majority
of the other properties in the neighborhood are required to provide, and can be
found compatible with the existing development.
c. Front yard setbacks in the community range from 6 feet to 86 feet and comer
lots similarly situated along Crown Drive are only required to maintain setbacks
ranging from 13 feet to 20 feet
d. The lots on the west side of Ebbtide Road, across the street from the applicant,
are reversed frontage lots with the front yard setbacks on the view side and the
6 -foot rear yard setbacks fronting Ebbtide Road. This configuration permits
screening of rear yards from the street with 6 -foot walls, fences, and hedges.
e. Allowing Hedge 1 to maintain a height of 6 feet would be consistent with the
development limitations of the other properties in the Harbor View Hills
community with reduced or reversed setbacks.
Allowing the Hedge 2 to maintain a maximum height of 8 feet is more in scale
with the existing development in the Harbor View Hills community and still
provides the property adequate privacy and protection from the noise and
headlight impacts from vehicles traveling along Crown Drive.
g. The sculpture is a minor architectural feature that results in negligible visual
impacts, similar to other accessory outdoor improvements, such as patio
umbrellas, heaters, and fountains. This improvement enhances the applicant's
front yard landscaping and will not result in development that is out of character
with the existing neighborhood.
h. The front yard landscaping improvements can be found consistent with General
Plan Land Use Policy LU 5.1.6 (Character and Quality of Residential Properties)
which requires that residential front yard setbacks and other areas visible from
the public street be attractively landscaped.
The driveway gate is visually pleasing and provides an aesthetic benefit to the
community. The wrought iron vehicular access gate constructed by the Jasmine
Creek Community Association on the property immediately east of the subject
lot is 7.5 feet high. The applicants as -built driveway gate is an average height of
7.75 feet (9.5 feet max) and can be found consistent character with the adjacent
gate.
3. Finding: The granting of such an application will not adversely affect the health or
safety of persons residing or working in the neighborhood of the property and will
not be detrimental to the general welfare or injurious to property or improvements
in the neighborhood.
Facts in Support of Finding:
a. The encroachment of the hedges, entry gate, pilaster, and sculpture into the
front yard setback and the encroachment of the 9.5- foot -high driveway gate
into the side yard setback will not be detrimental to the general welfare or
injurious to property or improvements in the neighborhood.
b. The entry gate and pilaster have existed in that location since 1980 without
proving to be detrimental.
c. The sculpture is a minor architectural feature that does not impact views and
should not negatively impact person's residing in the neighborhood.
d. The driveway gate provides the applicant increased protection from vehicular
impacts at the intersection and increases visibility and safety for on- coming
vehicular traffic approaching the intersection.
e. The hedges are several years old and have not proven detrimental to most
surrounding property owners or contributed to vehicle site distance problems.
f. The reduced hedge heights will not negatively impact private or public views.
WHEREAS, the proposed project qualifies for a Categorical Exemption pursuant
to Section 15301 (Existing Facilities) of the Implementing Guidelines of the California
Environmental Quality Act (CEQA). The exemption includes the addition of accessory
structures to an existing structure; and
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The City Council of the City of Newport Beach hereby approves
Modification Permit No. 2007 -050 as modified, subject to the Conditions set forth in
Exhibit "A."
Section 2. The City Council of the City of Newport Beach hereby denies, without
prejudice, the requested encroachment of the proposed 11- foot -high sculpture.
Section 3. 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
in accordance with the provisions of Title 20 Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 11th DAY OF DECEMBER 2007.
Henn, Curry, Rosansky, Webb,
AYES, COUNCIL MEMBERS Daigle, Gardner, mayor selich
NOES, COUNCIL MEMBERS
ABSEN"
EXHIBIT "A"
CONDITIONS OF APPROVAL
MODIFICATION PERMIT NO. 2007-050
1. The development shall be in substantial conformance with the approved plot
plan, floor plans and elevations, dated December 7, 2007, except as noted in the
following conditions.
2. Anything not specifically approved by this Modification Permit is prohibited and
must be addressed in a separate and subsequent Modification Permit review.
3. The existing 6- foot -high pilaster and 6- foot -9- inch -high entry gate encroaching 46
feet into the 86 -foot front yard setback may be retained or replaced, but shall not
exceed their present height.
4. The existing hedge (Hedge 1) encroaching approximately 74 feet into the
required 86 -foot front yard setback shall be trimmed within 30 days from the
effective date of this action and regularly maintained to a maximum height of 6
feet, as measured from the immediately adjacent grade elevation of the interior
front yard.
5. The placement of new trees (in accordance with the definition of the Municipal
Code) located within the 86 -foot front yard setback shall be prohibited, with the
exception of the two new trees identified in Condition No. 6, or unless reviewed
and approved by the Planning Department prior to installation to ensure the trees
would not impose on the view from the 2739 Windover Drive residence.
6. The existing bottlebrush tree located at the comer of the property adjacent to the
intersection of Ebbtide Road and Crown Drive, within the front yard setback, may
be removed and replaced with two new trees as illustrated on the approved
plans.
7. The existing driveway access gate (approximately 9.5 feet in height measured
from the adjacent sidewalk) may be retained in its present configuration and shall
not exceed present height. Application and plans for building permit for the as-
built installation shall be submitted within 30 days of the effective date of this
approval and the applicant shall diligently pursue issuance of the building permit.
8. In order to provide adequate sight distance at the intersection of Ebbtide Road
and Crown Drive, the height of existing plantings shall be reduced to 24 inches
maximum within the sight distance triangle, per City Standard 110 -L, unless
otherwise approved by the Public Works Department. This reduction in height of
plantings within the sight distance triangle shall be subject to review and approval
prior to issuance of building permits, unless otherwise approved by the Public
Works Department.
9. The existing hedge (Hedge 2) along the northeasterly property line shall be
trimmed within 30 days from the effective date of this action and regularly
maintained to a maximum height of 8 feet, as measured from the immediately
adjacent grade elevation of the interior front yard.
10. The approval of the existing 10- foot -high sculpture (Sculpture 1) shall be limited
to the specific sculpture that currently exists; if any changes, replacement, or
relocation of the sculpture takes place in the future, the approval of that sculpture to
encroach into the front yard setback shall become null and void.
11. If any of the existing public improvements surrounding the site are damaged by
private work, new concrete sidewalk, curb and gutter, street pavement, and other
public improvements will be required by the City at the time of completion of
private construction. Said determination and the extent of the repair work shall be
made at the discretion of the Public Works inspector.
12. This approval was based on the particulars of the individual case and does not,
in and of itself or in combination with other approvals in the vicinity or Citywide,
constitute a precedent for future approvals or decisions.
13. Prior to issuance of building permits, the applicant shall submit to the Planning
Department 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.
14. All work performed within the public right -of -way shall be reviewed and approved
by the Public Works Department under an encroachment permit/agreement, if
required.
15. This approval shall expire if the required actions described in Condition Nos. 4, 7,
and 9 are not completed by the respective deadlines. Prior to the expiration date of
this approval, an extension may be approved in accordance with Section 20.93.055
(B) of the Newport Beach Municipal Code. Requests for an extension must be in
writing.
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. 2007 -83 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
11th day of December 2007, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Henn, Curry, Rosansky, Webb, Daigle, Gardner, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of December 2007.
(Seal)
(71f4/& . /)i- A4 z'
City Clerk
Newport Beach, California