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HomeMy WebLinkAbout3.0 - Peters Residence Variance - PA2014-036CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 22, 2014 Meeting Agenda Item 3 SUBJECT: Peters Residence Variance - (PA2014 -036) 3000 Breakers Drive Variance No. VA2014 -003 APPLICANT: Brion Jeannette Architecture PLANNER: Makana Nova, Assistant Planner (949) 644 -3249, mnova @newportbeachca.gov PROJECT SUMMARY A variance to establish site specific setbacks in accordance with Section 20.30.110.0 (Alternative Setback Area Location), to establish buildable area, and to provide relief from the required interior garage dimensions and third floor area and location standards for the construction of a new single - family residence. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. (Attachment No. PC 1). Project Setting approving Variance No. VA2014 -003 (PA2014 -036) The subject property is an L- shaped lot at the intersection of Breakers Drive and Iris Avenue (Corona del Mar Main Ramp) in Corona del Mar. The gross lot area is 2,928 square feet. The property is improved with a 2,591- square -foot, two -story single - family residence with a two -car garage originally constructed in 1951. Variance No. 392 was approved in 1957 authorizing a front setback of 37 feet instead of 35 feet and a rear setback of 5 feet instead of 10 feet. The current lot configuration was established with the approval of a parcel map and ordinance amendment in 1999 (Attachment No. PC 3). At that time, the City zoning district map required a 5 -foot front setback along Iris Avenue. The ordinance amendment established a new 5 -foot front setback along Breakers Drive for 3000 and 3002 Breakers Drive. The Zoning Code update in 2010 inadvertently removed both 5- foot front setbacks identified on the setback maps. A covenant and agreement was recorded June 26, 2013 to hold the property as a single - family dwelling site. 1 INTENTIONALLY BLANK PAGE Peters Variance May 22, 2014 Page 2 S VICINITY MAP Subject 4 Property r y a 3002 All GENERAL PLAN ZONING r 9 1y °B 9 SO oo p ly °B I'o - �'^ ry 1920 ^,° oo� 00 2920 10 O oe ' .o o A 0� OBIY° ti RS.p 2919 _ -9 _ Rg� M1 ry z � ^ O LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE RS -D (Single Unit R -1 (Single Unit Single- Family Residence Residential, Detached ) Residential) NORTH RS -D (Single Unit R -1 (Single Unit Single - Family Residences Residential, Detached) Residential) SOUTH PR (Parks and PR (Parks and Corona del Mar State Beach Recreation) Recreation) EAST RT (Two Unit R -2 (Two Unit One and Two -Unit Residences Residential) Residential) RS -D (Single Unit WEST Residential, R -1 (Single Unit Residential) Single - Family Residences Detached)Residential ) S Peters Variance May 22, 2014 Page 3 Figure 1 shows the required setbacks and buildable area (shaded) in accordance with the standard R -1 setbacks as provided in the current Zoning Code. Figure 1 — Existing Buildable Area and Setbacks of Project Site As a result of the inadvertent change to the districting map, the existing residence is nonconforming because it exceeds the maximum allowed floor area by 1,118 square feet. Additionally, the residence encroaches into the setbacks as follows: approximately 15 -feet into the 20 -foot front yard setback; and 1 -foot into the right interior side setback (adjacent to 3002 Breakers Drive). The residence is also non - conforming because it provides a 17 -foot 6 -inch wide, two -car garage where a 20 -foot width is required. Refer to photos of the existing development provided as Attachment No. PC 4. Project Description The applicant has designed a new 3 -level single - family residence, consisting of four bedrooms, 2,485 square feet of habitable floor area, and a 390 - square -foot two -car garage. The applicant seeks relief from the following development standards: • Establish the following setbacks: • Front: 5 feet (Breakers Drive), when otherwise a 20 -foot setback would be required; • Side: 5 feet (Iris Avenue /Corona del Mar Main Ramp), consistent with the required 4 -foot setback 4 Peters Variance May 22, 2014 Page 4 • Side: 3 feet (property lines adjacent to 3002 Breakers Drive), when otherwise a 4 -foot setback would be required • Rear: 10 feet (property lines adjacent to 3014 Breakers Drive), consistent with the required 10 -foot setback • Allow an 18 -foot, 6 -inch by 19 -foot garage where a 20 -foot by 20 -foot garage is required. • Allow the third floor to be larger than allowed by 52 square feet. • To eliminate the third floor 2 -foot side yard step back abutting 3002 Breakers. • Allow the third floor to encroach 4 feet within the required 15 -foot rear yard step back abutting 3002 Breakers. Refer to the project plans provided as Attachment No. PC 5. DISCUSSION Analysis General Plan, Local Coastal Plan, and Zoning Code The site is designated RS -D (Single -Unit Residential Detached) by the General Plan Land Use Element. The site is located within the RSD -B (Single -Unit Residential Detached) land use category of the Local Coastal Program, Coastal Land Use Plan. The site is located in the R -1 (Single -Unit Residential) Zoning District. The single - family residence is a permitted use under these land use designations. The proposed residence requires the approval of a variance from the development standards of the R -1 Zoning District. Variance A variance is a request to waive or modify certain standards when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district. A variance can only be granted to maintain parity between the variance site and nearby properties in the same zoning district to avoid the granting of special privileges to one property. Section 20.52.090.F (Variances, Findings and Decision) of the Zoning Code requires the Planning Commission to make the following findings before approving a variance: A. There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification; 0 Peters Variance May 22, 2014 Page 5 B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification; C. Granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; D. Granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district; E. Granting of the Variance will not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood; and F. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable specific plan. Setbacks The L- shaped lot creates an exceptionally long, approximately 60 -foot front lot line along Breakers Drive resulting in an unusually large 1,202- square -foot front setback area when standard R -1 setbacks are applied. This front setback area is more than twice the size of a typical lot within Corona del Mar, which have a 600 - square -foot front setback area (assuming 30 -foot wide lot). Due to the odd shape of the lot, there are areas that are unusable for enclosed floor area. The large front setback area, combined with the unusual shape of the lot, results in a disproportionate reduction in buildable area when compared to a typical rectangular shaped lot. Strict application of the Zoning Code setbacks and requirement of the 1.5 floor area limit allows a structure at a maximum of 1,473 gross square feet, which results in a FAR of 0.50. The applicant proposes a 5 -foot front setback along Breakers Drive. The former Zoning Code established a 5 -foot front setback along this frontage, consistent with other properties along Breakers Drive. A 5 -foot setback would be consistent with the existing development pattern in the area and would provide a reasonable buildable area to develop a single - family residence. The applicant proposes a 5 -foot side setback along Iris Avenue (Corona del Mar Main Ramp). The former Zoning Code established a 5 -foot front setback along this frontage on the districting map. The only appreciable difference between the front and side designations is the allowable height of fences and walls (42 inches and 6 feet, respectively). Due to the grade differential along the Corona del Mar Main Ramp and the orientation of the lot, staff believes a side setback at this frontage is more 0 Peters Variance May 22, 2014 Page 6 appropriate. The existing residence is developed with a 6 -foot high retaining wall along this frontage and a similar wall is proposed with the new residence to provide privacy and functionality at the side and rear yard areas. The 5 -foot setback dimension will maintain sufficient light and air along this frontage, consistent with the former Zoning Code setback. The width of the lot is important in that it determines side yard setbacks, the minimum clear interior garage dimensions, and the location and area of the third floor. The current Zoning Ordinance definition for lot width is a single measurement at the midpoint of the lot depth (a line drawn between the midpoint of the front and rear lot lines). This results in a lot width of approximately 49 feet and therefore, a 4 -foot side setback is required. Due to the unusual shape of the lot and the location of the existing home, staff believes development standards should be applied consistent with a lot that is less than 30 feet in width. A 3 -foot side setback is requested adjacent to 3002 Breakers Drive to be consistent with side yard setbacks for lots that are less than 40 feet in width. Additionally, the adjacent property at 3002 Breakers Drive was allowed a 3 -foot interior side setback adjoining the setback area in question and the abutting lot is similarly impacted by the unusual shape of the property. The applicant proposes to maintain the existing 10 -foot rear yard setback. Refer to the proposed setbacks and buildable area for the proposed project in Figure 2. Figure 2 — Proposed Buildable Area and Setbacks of Project Site rW, Peters Variance May 22, 2014 Page 7 I imr.��r� -rr�i When alternative setbacks are established in accordance with Section 20.30.110.0 (Alternative Setback Area Location), it affects the maximum allowed floor area. The Zoning Code permits structures within the R -1 District in Corona del Mar to have a total gross floor area equal to 1.5 times the buildable area. The buildable area of a lot is the lot area minus the area of required setbacks. Using this formula and proposed setbacks, the proposed maximum buildable floor area for the subject lot is 1,920 square feet that would allow a 2,880- square -foot residence. The proposed residence would result in a 0.98 floor area to land area ratio (FAR). Figure 3 shows the block of the subject property and compares it to lots that are considered typical lots for Corona del Mar. 3 - Arial of Block Table 1 shows how the setbacks impact the FAR for the subject lot and typical lots in Corona del Mar. The FAR of a typical lot within Corona del Mar is 0.95 and the FAR of the existing residence is 0.88. The proposed structure at 0.98 FAR would be of similar size to other dwellings within the immediate neighborhood and throughout Corona del Mar. N Peters Variance May 22, 2014 Page 8 Table 1 Floor Area and Setback Comparison (1) Typical lot dimensions are 30'x 118' Table 2 compares floor areas for adjacent properties along Breakers Drive. The location of these properties is also identified in Figure 3. 9 Subject Lot Typical Lot in Proposed p Required Corona del Mar Front Setback (Breakers Dr.); and 20 ft.; 20 ft.; 5 ft. existing. Front Setback Area 1,202 sq. ft. 600 sq. ft. Proposed 5 ft. Side Setback 4 ft. 3 ft. >5 ft. existing. (Iris Ave./Corona del Mar Main Ramp) (Lot is wider than 40') (Less than 40' wide) Proposed 5 ft. Interior Side Setback 4 ft. 3 ft. 3 ft. existing (east) (Lot is wider than 40') (Less than 40' wide) nonconforming. 3 ft. proposed. Rear Setback 10 ft. 10 ft. 10 ft. existing. Proposed 10 ft. Gross Lot Area 2,928 sq. ft. 3,540 sq. ft. 2,928 sq. ft. Buildable Area 982 sq. ft. 2,232 sq. ft.1 1,920 sq. ft. Maximum Floor Area (Buildable Area x 1,473 sq. ft 3,348 sq. ft. 2,880 sq. ft 1.5) Third Floor Area 147 sq. ft. 447 sq. ft. 340 sq. ft. (Builda0.17) x (Buildable Area x 0.15) (Buildable Area x 0.20) Floor Area to Land 0.50 0.95 0.98 Area Ratio (1) Typical lot dimensions are 30'x 118' Table 2 compares floor areas for adjacent properties along Breakers Drive. The location of these properties is also identified in Figure 3. 9 Peters Variance May 22, 2014 Page 9 Table 2 Floor Area Variance Comparisons (1) Subject to a variance or setback determination resulting in increased floor area. (2) Variance for height, not floor area. As shown in Table 2, the maximum FAR is within the range of 1.07 to 1.11 FAR for existing properties on Breakers Drive. The proposed residence would be well below this range at 0.98 FAR. Interior Garage Dimensions The irregularly shaped buildable area of the lot limits the ability to provide a code required 20 -foot by 20 -foot clear interior garage at the first floor level. The applicant proposes a garage with a width of 18 feet 6 inches and a depth of 19 feet. The location of the curb cut from Breakers Drive is limited due to the property's location at the intersection, grade variations along the Corona del Mar Main Beach Ramp, and the location of the Breakers Drive access gate. The buildable lot depth at the narrowest point is only 17 feet 9' /z inches deep. The angled design of the proposed garage maximizes the clear interior garage dimensions within the buildable area and provides ample space to park two vehicles. The size of the proposed garage meets the minimum size standard for a 2 -car garage for narrower lots. Given the reduced lot depth where the garage can feasibly be located while maintaining the proposed 3 -foot side and 5- foot front setback, staff believes relief from the 20 -foot by 20 -foot garage standard is appropriate. 10 3000 3002 3014 3016 and 3018 3024 Breakers Breakers Breakers Breakers Breakers (1965) (Subject) 2010) 1993 1995 Gross Lot 2,928 sq. ft. 2,515 sq. ft. 6,996 sq. ft. 5,780 sq. ft. 6,208 sq. ft. Area Buildable 1,920 sq. ft. 1,806 sq. ft. 5,190 sq. ft. 4,207 sq. ft. 4,409 sq. ft. Area Maximum 2,880sq. ft. 2,709 sq. ft. 7,785 sq. ft. 6,310 sq. ft. 6,614 sq. ft. Floor Area Maximum Floor Area 0.98 1.08 1.11 1.09 1.07 Ratio by Code Floor Area 1 2,464 sq. ft' Permitted 2 875 sq. ft. SA2011 -007 5,462 sq. ft. 6,310 sq. ft. 4,482 sq. ft.z by Variance (Proposed) (PA2010 -153) (VA1193) (VA1203) (VA842) Floor Area Ratio Per 0.98 1.08 0.78 1.09 0.72 Variance (1) Subject to a variance or setback determination resulting in increased floor area. (2) Variance for height, not floor area. As shown in Table 2, the maximum FAR is within the range of 1.07 to 1.11 FAR for existing properties on Breakers Drive. The proposed residence would be well below this range at 0.98 FAR. Interior Garage Dimensions The irregularly shaped buildable area of the lot limits the ability to provide a code required 20 -foot by 20 -foot clear interior garage at the first floor level. The applicant proposes a garage with a width of 18 feet 6 inches and a depth of 19 feet. The location of the curb cut from Breakers Drive is limited due to the property's location at the intersection, grade variations along the Corona del Mar Main Beach Ramp, and the location of the Breakers Drive access gate. The buildable lot depth at the narrowest point is only 17 feet 9' /z inches deep. The angled design of the proposed garage maximizes the clear interior garage dimensions within the buildable area and provides ample space to park two vehicles. The size of the proposed garage meets the minimum size standard for a 2 -car garage for narrower lots. Given the reduced lot depth where the garage can feasibly be located while maintaining the proposed 3 -foot side and 5- foot front setback, staff believes relief from the 20 -foot by 20 -foot garage standard is appropriate. 10 Peters Variance May 22, 2014 Page 10 Third Floor Level The limits on third floor area pursuant to Section 20.48.180.A.3 (Third Floor Limitations) were adopted in the current Zoning Code due to the corresponding changes in how building height is measured and the requirement to provide additional open volume to increase building modulation and limit bulk. The standards are most effective when applied to typical rectangular lots. They prove difficult to administer for unusually shaped lots such as the subject property. On lots that are 30 feet wide or less, the area of the third floor is limited to 20 percent of the buildable area of the lot. On wider lots, the area of the third floor is limited to 15 percent of the buildable area of the lot. In the case of the subject property, 20 percent of the proposed buildable area is 384 square feet and 15 percent is 288 square feet with the difference being 96 square feet. The proposed third level includes a 340 - square -foot exercise room or office, a half bath, and stairway and elevator access. The proposed third floor amounts to approximately 17 percent of the buildable area. A variance is also requested for the location of the third floor level. The third floor level is subject to 15 -foot front and rear step backs and 2 -foot side step backs in addition to required building setbacks. The L- shaped lot results in a limited lot depth (approximately 21 feet) to develop a third floor level so the applicant proposes a 4 -foot encroachment into the rear 15 -foot step back. Similarly, the lot results in a limited lot width (approximately 12 feet) to develop the third floor level and the applicant proposes a 2 -foot encroachment into the interior 2 -foot side step back abutting 3002 Breakers Drive. The proposed size and location of the third floor level principally affects the abutting property located at 3002 Breakers Drive. The applicant has coordinated with the neighbor to minimize impacts of the design by appropriately locating the third level and window placement to limit impacts to the neighbor's views and to maintain privacy. Therefore, adequate light, air, and separation are maintained. Summary The subject lot is an irregular shaped, L- shaped lot which results in a smaller and limited buildable area when standard setback requirements are applied. The irregularly shaped lot also effectively limits the ability to build a code compliant two -car garage. The lot shape results in a limited width and depth to develop the third floor level. The requested variance establishes setbacks that result in a 0.98 FAR, which is comparable to typical lots within the area. The angled garage design maximizes the interior parking dimensions and provides adequate space for two vehicles to park in the garage. The proposed third level is 340 square feet in area and falls below the maximum of 384 square feet allowed for properties that are less than 40 feet in width. The proposed third floor area and step backs are consistent with other structures and provide adequate light, air, privacy, and separation are maintained. The proposed setbacks, buildable area, and garage dimensions do not result in a special privilege as it allows the property to construct a residence with a similar FAR to 21 Peters Variance May 22, 2014 Page 11 other residential development in Corona del Mar. The single - family residence complies with the height limits and open volume requirements of the R -1 Zoning District. The requested Variance is consistent with the intent of the Zoning Code and the General Plan because the proposed deviations from the Zoning Code allow for the construction of a single - family residence with a comparable FAR to other properties within Corona del Mar. Staff, therefore, recommends Planning Commission approval based on the discussion and facts above and findings included in the draft resolution. Conditions of approval have been incorporated into the attached draft resolution (Attachment No. PC 1). Alternatives 1. The Planning Commission may suggest specific changes that are necessary to alleviate concerns. If any additional requested changes are substantial, the item should be continued to a future meeting to allow a redesign or additional analysis. Should the Planning Commission choose to do so, staff will return with a revised resolution incorporating new findings and /or conditions. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission must deny the application and provide facts in support of denial to be included in the attached draft resolution for denial (Attachment No. PC 2). Environmental Review The project categorically is exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures) of the implementing Guidelines of the California Environmental Quality Act. The Class 3 exemption includes the construction of one single - family residence. The project is a new single - family residence and is located on a previously developed site with no environmentally significant resources present. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. 12 Peters Variance May 22, 2014 Page 12 Prepared by: Submitted by: I I&C 0 � Ma ana ova Br n a Wisnes i, ICP, Deputy Director Assistant Planner ATTACHMENTS PC 1 Draft Resolution for Approval PC 2 Draft Resolution for Denial PC 3 Parcel Map 99 -202, Resubdivision 1059, and Amendment No. 882 PC 4 Site Photos PC 3 Project Plans is INTENTIONALLY BLANK PAGE 14 Attachment No. PC 1 Draft Resolution for Approval 1.5 INTENTIONALLY BLANK PAGE 10 RESOLUTION NO. ## ## A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2014- 003 FOR A SINGLE - FAMILY RESIDENCE LOCATED AT 3000 BREAKERS DRIVE (PA2014 -036) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brion Jeannette Architecture representing Michael Peters, property owner, with respect to property located at 3000 Breakers Drive, and legally described as Parcel 1 of Resubdivision No.1059, being a subdivision of a portion of Lots 24, 26, and 28 of Block A -36 of Corona del Mar as per map recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps, Records of Orange County, together with a portion of Parcel 1, PM8 284/1 -2, Records of Orange County, requesting approval of a variance. 2. The applicant requests to establish site specific setbacks in accordance with Section 20.30.110.0 (Alternative Setback Area Location), to establish buildable area, and to provide relief from the required interior garage dimensions and third floor area and location standards for the construction of a new single - family residence. 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 May 22, 2014, in the Council Chambers 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). 2. The Class 3 exemption includes the construction of one single - family residence. The project is a new single - family residence and is located on a previously developed site with no environmentally significant resources present. 1-7 Planning Commission Resolution No. ## ## Paqe 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.090.E (Variance, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of a variance are set forth: Finding: A. That there are special or unique circumstances or conditions applicable to the subject property (e.g. location, shape, size, surrounding, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: 1. The subject lot is an irregular L- shaped lot, and with application of standard setbacks, results in a small and unusually shaped buildable area from that of typical lots in the vicinity. The unusually shaped buildable area makes it difficult to construct a residence without encroaching into setbacks. 2. The irregular shape of the lot has an unusually large front setback resulting in a buildable area of 982 square feet where a typical lot in the vicinity has 2,232 square feet; the resulting FAR is 0.50 where a typical lot in the block has an FAR of 0.95. 3. The irregularly shaped lot and resulting irregularly shaped buildable area effectively eliminates the ability to provide a garage that complies with minimum dimensions while providing appropriate setbacks and living area. The depth of the buildable area considering a 5 -foot front and 3 -foot side setback consistent with the nearby lots results in an inadequate depth to build a compliant garage. 4. The L- shaped lot results in a small area (21 feet by 12 feet) to design a complying third floor. Finding: B. That strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. Facts in Support of Finding: 1. Strict application of development standards creates a residence that is smaller in size when compared to other identically zoned lots in the area. Strict application of the Zoning Code required floor area limit (FAL = buildable area X 1.5) to the subject property allows a maximum area of 1,473, which results in a FAR of 0.50. The allowed FAR of a typical lot in Corona del Mar is 0.95. 10 -15 -2013 P_l Planning Commission Resolution No. ## ## Paqe 3 of 8 2. Setbacks required by the Zoning Code do not reflect the prevailing setbacks for this area and further deprive the property of buildable area for the development of a new single - family residence. 3. The subject property is deprived of a full sized garage with 20 -foot by 20 -foot clear interior dimensions that is feasible on regularly shaped lots over 40 feet in width. Compliance with the 20 -foot by 20 -foot minimum garage standard would further reduce the front setback below 5 feet and would further reduce the living space on the first floor. 4. The area and step back requirements for the third floor level severely restrict the ability to design a functional third floor area. Finding: C. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Finding: 1. The requested variance to establish setbacks resulting in a 2,880- square -foot floor area limit results in a 0.98 floor area to land area ratio (FAR), which is comparable with the typical lots within the block and allows the property the ability to build a residence with a comparable FAR to other residential development in Corona del Mar. 2. The garage design with reduced clear interior dimensions maximizes the buildable area available within the setbacks and will continue to provide a fully functional 2 -car garage for residents of the proposed home. 3. The size and location of the proposed third floor level is reasonable in this case due to the unusual shape of the lot that further restricts the buildable width and depth for the third level. The encroachment would afford the property owner a more usable third level area. Finding: D. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. Facts in Support of Finding: 1. The proposed setbacks, garage dimensions, and third floor do not result in a special privilege as it allows the property to construct a residence with similar development standards applicable to 30 -foot wide lots in Corona del Mar. 2. Approval of the variance results in a floor area to land area ratio (FAR) of 0.98, which is comparable of typical lots along Breakers Drive where maximum FARs range from 10 -15 -2013 19 Planning Commission Resolution No. ## ## Paqe 4 of 8 1.07 to 1.11. The 0.98 FAR is also comparable to typical lots in Corona del Mar, which have a maximum FAR of 0.95. Finding: E. That the granting of the Variance will not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. Facts in Support of Finding: 1. The proposed setbacks and building location do not block views from other residential development and adequate light, air, and separation are maintained. The proposed setbacks are consistent with setbacks for the lot prior to the 2010 Zoning Code update and are consistent with similar lots in the vicinity. 2. The design of the structure includes adequate articulation, modulation, open volume, and privacy for the abutting neighbor. 3. The garage as designed will adequately accommodate two vehicles. 4. The proposed third floor level location does not block views from other residential development; therefore, adequate light, air, and separation are maintained and coastal views are not impacted. 5. 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. Finding: F. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable specific plan. Facts in Support of Finding: 1. Setbacks govern the location of structures on a lot and provide for open areas around structures for visibility and traffic safety, access to and around structures, access to natural light and ventilation, separation of incompatible land uses, space for privacy, landscaping, and recreation, protection of natural resources, and safety from fire and geologic hazards. The variance establishes appropriate setbacks and buildable area for the property consistent with the existing development pattern along Breakers Drive. 2. The requested Variance is consistent with the intent of the Zoning Code and the General Plan because the proposed deviations from the Zoning Code allow for the construction of a single - family residence with a comparable FAR to other properties within Corona del Mar. 10 -15 -2013 20 Planning Commission Resolution No. ## ## Paqe 5 of 8 3. A garage is a completely enclosed structure designed to shelter a minimum of two parking spaces for a new single- family residence. The proposed garage with requested deviations from the clear interior parking dimensions will continue to meet the intent of the code to provide off - street parking. 4. The third floor level development standards are intended to regulate building bulk, provide for modulation at the upper story of a residence, and provide privacy to neighbors. As designed, the residence with requested deviations from setback, third floor limits, and garage size standards will provide usable open volume area, articulation, and modulation resulting in bulk that is consistent with other properties in the block and neighborhood of Corona del Mar. 5. The subject property is not located within a specific plan area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2014 -003 (PA2014 -036), 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 City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Variance No. 392, which upon vesting of the rights authorized by this application, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 22ND DAY OF MAY, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: Bradley Hillgren, Chairman M Kory Kramer, Secretary 10 -15 -2013 21 Planning Commission Resolution No. ## ## Paqe 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. 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. Variance No. VA2014 -003 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 project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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 Variance. 5. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 6. Approval of the California Coastal Commission is required prior to issuance of a building permit for a single - family residence. 7. The property shall maintain the following setbacks: a 5 -foot front setback along Breakers Drive, a 5 -foot side setback along Iris Avenue (Corona del Mar Main Ramp), a 3 -foot side setback adjacent to 3002 Breakers Drive, and a 10 -foot rear setback. The buildable area resulting from the established setbacks shall be 1,920 square feet. 8. The gross square footage including the garages shall not exceed 1.5 times the buildable area (2,880 square feet). 9. The two -car garage shall maintain clear interior parking dimensions of 18 feet 6 inches in width by 19 feet in depth. 10. The third floor level shall not exceed 340 square feet of gross floor area and shall maintain a 15 -foot step back from front setback line and an 11 -foot step back from the rear setback line. 11. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and 10 -15 -2013 22 Planning Commission Resolution No. ## ## Paqe 7 of 8 trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 12. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Variance 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 Variance and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 13. 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 either the property owner or agent. 14. 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, 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 Cornerstone Securities Residential Addition including, but not limited to, Variance No. VA2012 -001 (PA2012 -027). 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. Fire Department Conditions 15. The fire feature on the covered patio shall provide recommended horizontal and vertical clearances or meet the California Mechanical Code required distances per Table 917.2, 2013 Edition. Buildinq Division Conditions 16. A geotechnical report shall be submitted at the time of plan check submittal. The report shall identify and mitigate the potential for liquefaction. 17. Balcony projections less than 5 feet from the property line shall be one -hour fire rated. 10 -15 -2013 2S Planning Commission Resolution No. ## ## Pape 8 of 8 18. The structure shall be fully sprinklered. 19. 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 Disabled Access requirements. 20. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. Public Works Conditions 21. Decorative driveway pavers shall be pulled back onto private property. 22. All improvements shall be constructed as required by Ordinance and the Public Works Department. 23. All existing private, non - standard improvements within the public right -of -way and /or extensions of private, non - standard improvements into the public right -of -way fronting the development site shall be removed. 24. An encroachment permit is required for all work activities within the public right -of -way. 25. In case of damage done to public improvements surrounding the development site by private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 26. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. 27. Landscaping at the corner of Iris Avenue and Breakers Drive shall be modified to comply with current sight distance requirements. 28. Landscaping within the Breakers Drive and Iris Avenue public rights -of -way that abuts the project site shall be maintained by the property owner through an Encroachment Agreement. 29. No excavation, shoring, tie -back, etc. will be permitted within the public right -of -way. 30. County Sanitation District fees shall be paid prior to the issuance of any building permits. 10 -15 -2013 24 Attachment No. PC 2 Draft Resolution for Denial 25 INTENTIONALLY BLANK PAGE 20 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING VARIANCE NO. VA2014- 003 FOR A SINGLE - FAMILY RESIDENCE LOCATED AT 3000 BREAKERS DRIVE (PA2014 -036) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Brion Jeannette Architecture representing Michael Peters, property owner, with respect to property located at 3000 Breakers Drive, and legally described as Parcel 1 of Resubdivision No.1059, being a subdivision of a portion of Lots 24, 26, and 28 of Block A -36 of Corona del Mar as per map recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps, Records of Orange County, together with a portion of Parcel 1, PM8 284/1 -2, Records of Orange County, requesting approval of a variance. 2. The applicant requests to establish site specific setbacks, buildable area, and provide relief from the required interior garage dimensions and third floor area and location standards for the construction of a new single- family residence. 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 May 22, 2014, in the Council Chambers 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). 2. The Class 3 exemption includes the construction of one single - family residence. The project is a new single - family residence and is located on a previously developed site with no environmentally significant resources present. 27 Planning Commission Resolution No. ## ## Paqe 2 of 2 SECTION 3. FINDINGS FOR DENIAL. The Planning Commission may approve a variance only after making each of the required findings set forth in Section 20.52.090 (Variances). In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Variance application for the proposed single - family residence is not consistent with the legislative intent of Title 20 of the Municipal Code and that findings required by Section 20.52.090 are not supported in this case. The proposed project may prove detrimental to the community. 2. The design, location, size, and characteristics of the proposed project are not compatible with the single- and two -unit dwellings in the vicinity. The development may result in negative impacts to residents in the vicinity and would not be compatible with the enjoyment of the nearby residential properties. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Variance No. VA2014 -003 (PA2014 -036). 2. 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 22ND DAY OF MAY, 2014. AYES: NOES: ABSTAIN ABSENT: 1' L_1"V Bradley Hillgren, Chairman Kory Kramer, Secretary 08 -09 -2013 ON Attachment No. PC 3 Parcel Map 99 -202 29 INTENTIONALLY BLANK PAGE so DUPB TE REA �„ S CREG PARCEL MAP NO. 99 — 202 rAOC» u:n IrcndE .0 Tm w:md:, rdl .IX�a• ' aYiE L11YffNEMPINI ffA9tcawn aOAANff. 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V vV N l V V' CITY OF N RT BEACH Heari[ March 4, 1999 COMMUNITY and ECONOMIC DEVELOPMENT PLANNING DEPARTMENT D�l ate: Agenda Item No.: 3306 NEWPORT BOULEVARD Staff Person: Eugenia Garcia c "NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 ' Phone number: (949) 644 -3208 Appeal Period: 14 Days REPORT TO THE PLANNING COMMISSION SUBJECT: Davidsson Residence (D & L Engineering, applicant) 3000 and 3002 Breakers Drive PURPOSE OF APPLICATION: Amendment to revise Districting Map No. 18 to establish a 5 foot front yard setback on Breakers Drive in conjunction with the resubdivision of two parcels of land for the purpose of reorienting the front of the lots to Breakers Drive. An exception to the Subdivision code is also requested because the interior parcel is less than the required 50 foot lot width and 5;000 sq. ft. total area for interior lots, and the comer parcel is less than the required 60 foot lot width and 61000 sq. ft. total area for comer lots. LOCATION: Lots 28, Block A36; Corona Del Mar Tract and a portion of Parcel 1 of Parcel Map No. 284 -1. ACTION: Hold hearing; if desired, adopt Resolution No. , recommending to the City Council approval of: o Amendment No. 882 ® Resubdivision No. 1059 ZONE: R -1 OWNER: Sture and Huong Davidsson, Newport Beach Points and Authority G Environmental Compliance (Califomia Environmental Ouality Act)_ It has been determined that this project is categorically exempt under Class 5 (Minot Alterations in Land Use Limitations). G Conformance with the General Plan and Local Coastal Program The Land Use Element of the General Plan and. the Local Coastal Program Land Use Plan designate the properties for "Single Family" residential use. The subdivision of lots for single family development-is consistent with this designation. • Amendment procedures are set forth in Section 20.94.020 (B) and Resubdivision requirements are set forth in Title 19 of the Newport Beach Municipal Code. e The subject properties are located in the Coastal Zone, therefore, Coastal Commission approval is required. 33 ♦'�ilf AMENDMENT NO. 882 RESUBDIVISION ISO. 10591 1 Subiect ProDerty and Surroundine Land Uses Current Development: The subject property is comprised of two parcels of land occupied by a single family dwelling on each parcel. To the north: Across Ocean Blvd., are single family detached dwellings. To the east: Is a duplex and two - family dwellings To the south: Is the parking lot for the Corona Del Mar State Beach. To the west: Across Iris Avenue is a single family dwelling. A882 and Resubdivision No. 1059 February 18, 1999 Page 2 "T F. �F : Background The subject property is comprised of two parcels of land that front on Iris Avenue south of Ocean Blvd. The lots fronting on his Avenue were established in conjunction with the.original subdivision of Corona del Mar in 1904. Both parcels are located in the R -1 District and developed with single family dwellings that were constructed in 1951 and 1957. The two parcels are in joint ownership, and both existing dwellings front on and take access from Breakers Drive. The interior lot gains access by crossing over the rear of the comer lot. The proposal will include the demolition of a portion of the first and second floors of the 3000 Breakers Drive dwelling, which would allow for a new driveway access to 3002 Breakers Drive from Breakers Drive. The dwelling on the 3000 Breakers Drive property is approximately 1,959 sq. ft. and will be reduced to 1,451 sq. ft., while.the dwelling on 3002 Breakers Drive is 1,247 sq. ft. and is not being altered. Analysis The applicant has submitted a request to amend Zoning Districting Map No. 18 to establish a 5 foot front yard setback on Breakers Drive and to resubdivide the parcels to front on Breakers Drive. instead of Iris Avenue, which will facilitate vehicular access to the interior lot without crossing over the corner lot. The requests present the following issues analyzed in this report: conformance with subdivision requirements and setbacks. Conformance With Subdivision Standards Section 20.60.040 of the'Municipal Code states, "Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a development site even when of less area or width than that required by the provisions of this code" Title 19 of the Newport Beach Municipal also states, "No parcel or building site will be created which, has a smaller area than the lot size required by Title 20 and this title or if a smaller parcel or building site is created,, the area of such parcel or site will not be smaller than that of any such lot or lots shown on the recorded final map which were divided to create such parcel or building site." Title 20 requires ' that lots be a minimum of 60 feet wide and 6,000 sq. ft. total area for corner lots and 50 feet wide and 5,000 sq. ft. total area for interior lots. In order to approve the requested resubdivision, an exception to the subdivision standards is required because the lots are below the-required lot widths and area requirements. PROJECT CHARACTERISTICS Address Existing Lot Proposed lot Existing Proposed Existing ' Proposed Size size lot width lot width Buildable Area x Buildable Area x Averse (Averse ) . 1.5 1.5 3000 Breakers 2,925sq. ft, 2,923 sq. ft. 30 ft. 48.38 ft. 1,632 sq. ft, x 1.5 1,752 sq. fG x 1.5 Drive = 2,448 sq. ft. = 2,628 sq. ft. 3002 Breakers 2,529 sq. ft. 2,531 sq. ft. 28.22 ft. 48.5 ft.. 1,725 sq. 'ft. x 1.5 1,670 sq. ft. x 1.5 Drive = 2,588 s . ft. = 2;505 sq. ft. A882 and Rmbdlvisioh No. 1059 M=h 4, 1999 Page 3 �5 The applicant wishes to establish lots that have the same orientation as other lots along Breakers Drive. The standard lot size for the original lots on Iris Avenue south of Ocean Blvd. is approximately 30 ft. by 89.62 ft. or a total of 2,529 sq. ft., with the corner lot slightly larger at 2,925 sq. ft. The proposed lots are 2,531 sq.ft. for the interior lot (3002 Breakers Drive) and 2,923 sq.ft. for the corner lot (3000 Breakers Drive). Proposed Proppry Line < E)ddhi d Property �0t5. Line The proposed lots have. irregular shapes to accommodate the existing dwellings and access from Breakers Drive. The proposed average lot width is 48.5 ft. for the interior lot, and approximately 48.38 ft. for the corner lot. The average width of a lot is calculated by measuring 20 feet in from the rear property line.and 20 feet in from the front property line and taking an average of the two widths at those points. The average width of the proposed lots will not be less than the width of the existing lots when originally subdivided, although the narrowest points of the proposed. lots will be 36.39 ft. for the interior lot and 21 ft. for the corner lot. Required Findings In accordance with Section 19.12.040 H of the Newport Beach Municipal Code, all of the following findings must be made in granting an exception to the design standards for lots in the approval of a tentative map for subdivisions containing less than 5 lots. That there are special circumstances or conditions affecting the property. 2. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner. A882 and Rmbdivision No. 1059 Mach 4, 1999 Page 4 I�'�t A� :'N... 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is located. Staff offers the following analysis with respect to these findings: Finding No. 1: The interior lot has vehicular access from Breakers Drive, across the rear of the comer lot, because the grade from his Avenue is steep, making a curb cut difficult. Additionally, Iris Avenue is the main access to'the beach, and site distance and traffic in the area create additional 'potential hazards. These facts could be determined to constitute the special circumstances and conditions affecting both properties Finding No. 2: The proposal will allow for both properties to function independently from each other with access provided for each property as a result of the proposed resubdivision. It could be determined that the exception is necessary for the applicant to enjoy the same property rights of other property owners in the area with direct access to their properties. Finding No. 3: The proposed subdivision will not be detrimental to the public welfare or injurious to other properties in the vicinity for the following reasons: 0 The proposed average lot widths are 48.38 ft. and 48.5 ft., which are more than the width of the existing lots and more than the width of other lots in the area. © The proposed lots are below the required size, but are consistent with others in the area. The resubdivision generally maintains the existing for size. 0 The lots are oriented towards Breakers Drive, similar io others in the area and consistent with existing development on the lots. m The orientation of the proposed lots will have the potential to increase open space, light and air to the properties located to the rear of the subject lots created by the ten foot rear setbacks for both properties. Although the existing dwellings are nonconforming at the rear setback, any new development would be subject to the-10 foot setback requirement. ® The proposed lot widths are greater than the original'tract chap. Therefore, the exception as requested is consistent with the.intent of the Zoning Code because the Code includes provisions to allow the continued use and redevelopment of substandard lots created before August 2, 1943. A882 and R"uhdivision No. 1059 March'4, 1999 .Page 5 s'7 E Amendment No. 882 Without an amendment to establish the 5 foot front setback, the'requirement for the R -1 District of 20 feet on the front would automatically apply. A 5 foot front yard setback is consistent with the front setbacks of other residential development along Breakers Drive. It should be pointed out that if the required 20 foot front yard setback-were applied without the proposed amendment, it is likely that future development would result in a request for a variance on one or both of the properties because it would result in an unusually small buildable area for each parcel. All other setbacks for the existing dwellings will conform to the Code with the exception of both rear yards, which are 2 feet and 5 feet, instead of 10 feet, and the side yard setback on the corner lot in the location of the demolition of the building, which will insult in a 3 foot setback instead of a 4 foot setback. In these areas, the existing buildings will be legally non - conforming. CONCLUSION AND RECOMMENDATION Staff has reviewed various alternatives to this request and is of the opinion that the proposed resubdivision represents a project that conforms as much as possible to the development standards of the Code because the average lot widths are greater than the existing widths. Additionally, the amendment will establish setbacks typical in the neighborhood. Since the structures on the two lots are of older construction, there is potential for redevelopment resulting in new structures that comply with the required setbacks. Additionally, the findings necessary for an exception to the Subdivision Code can be made because there are special' circumstances on the properties related to topography and access; the establishment of independent access will provide for the preservation and enjoyment of property rights; and the proposal is not considered detrimental to the neighborhood since the new lots are similar in size and orientation to others in the area. Therefore, staff recommends that the Planning Commission recommend the approval of Amendment No. 882 and Resubdivision No. 1059 to the City Council with the findings contained in the draft resolution and Exhibit "A," Submitted by: PATRICIA L. TEMPLE Planning Director Attachments: Districting Map No. 18 Resolution Letter from Applicant Prepared by: EUGENIA GARCIA Associate Planner A882 and Resubdivision No. 1059 March 4, 1999 Page 6 MOO f EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR RESUBDIVISION NO. 1059 Resubdivision No. 1059 The proposal is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan since the lots are designated for single - family development, a permitted use in this area. 2. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations) and Class 15 (Minor Land Divisions). 3. The proposal will not be detrimental to persons, property or improvements in the neighborhood and the resubdivision, as approved, would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following. reasons: e The design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. a The proposed lot sizes are compatible with the surrounding area and are generally the same size . as the lots of the original subdivision (30 x 89.62 ft, lots, or 2,529 sq. ft.) when the Corona del Mar Tract was established. a The lots created will result in nonconforming conditions with respect to setbacks, but are more nearly conforming to the requirements of the Code than other possible designs and the existing development. The Zoning Districting Maps are being amended to designate a front yard setback that is more appropriate for the lots. 4. The following findings can be made to grant an exception to the Subdivision Code for lot width and area: There are special circumstances that affect the properties; specifically, the lots were subdivided in 1904 facing Iris Avenue. The lots were subsequently developed with vehicular access to the interior property across the rear of the corner property and establishing access from Iris Avenue is difficult due to the steepness of the public street and the heavy vehicular and pedestrian traffic. The exception is necessary for the preservation and enjoyment of substantial property rights of the applicant because the proposal will allow for both properties A882 and Rmubdivision No. 1059 March 4, 1999 Page 9 s'9 to function independently from each other with access provided for each property as a result of the resubdivision. o The granting of the exception will not be detrimental to the public welfare or injurious to other properties in the vicinity since the proposed subdivision is more comparable and compatible to the surrounding development than the existing condition for the following reasons: a The proposed average lot widths are 48.38 ft. and 48.5 ft. which is more than the width of the existing lots and more than the width of other lots in the area. a The proposed lots are below the required size, but which is consistent with the area. The resubdivision generally maintains the existing lot size. ® The lots are oriented towards Breakers Drive, similar to others in the area and consistent with existing development on the lots. 0 The orientation of the proposed lots will have the potential to increase open space, light and. air to the properties located to the side and rear of the subject lots created by the ten foot rear yard setbacks for both properties, and although the existing dwellings are nonconforming at the rear setback, any new development would be subject to the 10-foot rear yard setback requirement- 9 The proposed lot widths are consistent with the intent of the original tract map and the exception as requested is consistent with the intent of the Zoning Code because the Code includes provisions to allow the continued use and redevelopment of substandard lots created before August 2, 1943. Conditions: 1. That a parcel map be recorded prior to the issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. That the parcel map be prepared on the California Coordinate System (NAD83) and that prior to recordation of the parcel map, the surveyor /engineer preparing the map shall submit to the County Surveyor a digital - graphic file of said map in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, Sub - article 18. 2. That prior to recordation of the parcel map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County A882 and Resubdivision No. 1059 Much 4, 1999 Page 10 40 Subdivision Code and the Orange County Subdivision Manual, Sub - article 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 3. A 15 foot radius return shall be dedicated to the City at the corner of the intersection of Iris Avenue and Breakers Drive to eliminate the angle point at the southwesterly comer of the property. The dedication shall be dedicated on the parcel map or by separate document prior to the recordation of the parcel map. 4. Coastal Commission approval shall be obtained prior to recordation of the parcel map. 5. This resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the City Council. 9% u'h$�k�h tMarsln4. AM and Resubdivision Matth M1, 1999 Pare 1 I 41 INTENTIONALLY BLANK PAGE 42 Attachment No. PC 4 Site Photos 43 INTENTIONALLY BLANK PAGE 44 Attachment No. PC 5 Project Plans 47 INTENTIONALLY BLANK PAGE 42 .,.L, OPEN VOLUME AREA 0 BUILDABLE AREA (15%) SO. FT. 1,919.41 SOFT. x .15 281.92 FIRST FLOOR: LOCATION A 502.82 B 18.66 G 55.28 D 20.5-1 SECOND FLOOR: LOCATION E 20198 TOTAL (44% PROVIDED) 845.51 Brion Jeannette Architecture oPEN VOLUME CALLS. SCALE: 1/16" = 1'- O" LEGAL CANER CONSULTANTS 7ESI6N DATA SHEET INDEX VICINITY MAP MICHAEL PETERS 6EOTEGHNIGAL: CITY: NEWPORT BEACH TH TITLE SHEET 6 INFORMATION 3108 BREAKERS DRIVE COAST SeCTeCHNII ZONE: R -I A -1 SITE PLAN 6 CORONA DEL MAR, CA 92625 CONTACT: BRION MANNFTTF ARCHITECTURE Iwo K LOHMO ALTH Ave. FlAl5f4aN, CA 9¢055 CODE: 2010 CRC, 2010 CBC, 2010 CPC A -2 FIRST FLOOR PLAN Y s� (949) 645 -5854 MW 5TC -1211 SURVEYOR/CIVIL 2010 OEG, 2010 GMC, 2006 BUILDIN6 ENERGY EPPICIENCY STANDARDS (BEES) 2010 CAL GREEN BUILDIN6 STANDARDS A -3 SECOND FLOOR PLAN A -4 THIRD FLOOR PLAN A -5 EXTERIOR ELEVATIONS qL F PsI, q c LEGAL 17ESCRI PTION APex LAW SLRVEYIN6 0512 oxL alrt LS HMTIN6TON BEACH, CA 92646 use SPO CONSTRUCTION TYPE: V8 (SPRINKI -II A -6 EXTERIOR ELEVATIONS A -9 II SECTIONS P � PROJECT ID: PARCEL I, BLOCK 5250 A. P. NUMBER 052 - 120 -TI ('iIA) 4 -WC6 OCCUPANCY: R -5N A -8 ROOF PLAN o P AREA: CORONA DEL MAR, GA Fq - CITY: NEWPORT BEACH N COUNTY: ORANbE 51-01. 5' -O" REAR: 10'- O" SIDE: 3' -O" SF -I FIRST FLOOR SQUARE FOOTAGE OVERLAY SF-2 SECOND FLOOR SQUARE FOOTAGE OVERLAY SF -3 THIRD FLOOR SOJARE FOOTAGE OVERLAY DEELMNAR � BEACH SCOPE OF AORK B II BUILDIN6 SITE COVET COMPARISON =P& - DEMOLISH AN EXISTING 2 -5TORY SINGLE FAMILY SQUARE FCOTA6E CALLS. RESIDENCE AND CONSTRUCT ONE NEW 3 -57ORY L-I LANDSCAPE 6 TION PLAN BITE:' �L LOT SIZE: 2,92"1.85 S.P. FAMILY RESIDENCE NV ATTACHED 2-CAR SURVEY 5MVE 3000 eARA GARAGE 6 ROOF DECK BREAKERS BUILDABLE AREA: 1,910.41 EXHIBIT GRADE PLANE EXHIBIT EXHIBIT SRAVE LANE DRIVE. P.A.R.: 1.5 MAX. BUILDABLE: 2019 S.F. NOTE: BRION S. JEANNETTE IS THE D.P.LR.C. - FIRST FLOOR: 689.4-1 S.F. PACIFIC THE RE615TERED DE515N PROFE5510NAL IN SECOND PL" 1,455.43 S.F. OCEAN INSPIRATION RESPONSIBLE CHARGE SHALL BE RESPONSIBLE FOR REVIEWING AND COORDINATING SUBMITTAL THIRD FLOOR 359.68 S.F. POINT DOCUMENTS PREPARED BY OTHERS, INCLUDING TOTAL LIVABLE: 2 ,484.58 PHASED AND DEFERRED 5U5MITTAL ITEMS, FOR COMPATIBILITY WITH THE DE515N OF THE 5UILDIN6 6ARA 390 S.P. TOTAL STRUCTURE: 2,894.58 S.P. PROJECT LOCATION DO NOT SCALE DRANX65 TOTAL DECKS: IS39 S.P. N.T.S. to lu Ll UJ Q W Ul �L � t" lu O Z amo v R n a✓ s �U a N Q ' N 5 m c ids O � N 0 e O Q — a m "' z I- 0 tu- W OX O ~z V BLANK PAGE 150 V BLANK PAGE 152 V BLANK PAGE 154 m �I rS� / -r- B / QU / OQ / 10_34• MASTER MASTER � BATH MASTER BEDROOM 13' -0" X 16' -6" - OUTLINE OF THIRD FLOOR ASV. SOVEREm DECK T.O.EHT'6 =20.53' 10' -O" X 12 -0" c 5 _ _ _ xlminJ mppmmv 1 I p amosio ll ,. l 2:_4H" X IXI® o a F- 7 pa 20 � —L W r O I' 12 I 1r O X SO 3lJ )E 1 y I B. ELEV. _m Lam. o — — — paanpsao' nsln WIN' PAN -RY ',:L II WII I / I / ari aimrm � - - Opu u p ppXim E 1, `� I'�e 4tl. 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GUARDRAIL 1 YS.B ' 5.56" EA. 1 \ /\ IDWIDa i -- / \ SECOND FLOOR L �— T.OS T'5= 25.5e' — — LOUTLINE OF FIRST FLOOR 5ELON \ / / T.ORAI GREAT ROOM u� Q 53G ®NV FLOOR FLAN 0 SOALE: 1/4 = I - O Al RAILING I Q tu M�� X lu 40 to ov z ul ry IL a N/ D u N ago � � s C o E Q e 07 z ®IL vIV J Revision. Re V50 p'. !ob Noa3 -048 4�0�0�� 9�Cy /T U p" NA(< � m 68012 m � REN. 4/IS Q in9j�CF CA\. \F��= A -3 V BLANK PAGE 150 -4� Z Z } < � [r R= FLOOR ELAN � � � � uKj §§� 2tp, u h cz 0 §jk Q ( ) \ \ \) \ {�} / { \ 2� � / 5 ® \ \ �� ) ) r L 5 ri � ^ ) V BLANK PAGE wol Correspondence Item No. 3a Peters Residence Variance PA2014 -036 •)j1�ezy 117, ',) c / � t.iu2 -cuz✓- �l G`CG �L�27i� �7f L2°hvi�uL -iGL "P -n e-e -2,l pia`?` � �z.E - L'�Z•�GZ �. .itt''_ Correspondence Item No. 3b BURNS,MARLENE Peters Residence Variance From: Nova, Makana PA2 014 - 0 3 6 Sent. Monday, May 19, 2014 4:00 PM To: Burns, Marlene Cc: Wisneski, Brenda Subject. 3000 Breakers(PA2014 -036) Attachments: 20I4.05.19 Peters Exhibit A.pdf; VA2014 -003 PC Reso.docx Follow Up Flag: Follow up Flag Status: Completed Marlene, Please refer to the attached revised resolution and exhibit for distribution to the Planning Commission for Item No. 3 on the May 22nd Planning Commission Agenda. i"lrL4.s4.k NavoL I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m novas new oortbea chca. a ov www. new oortbeach ca. go Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Amy Creager [ mailto :AmyCacustomarchitecture.comj Sent: Monday, May 19, 2014 3:20 PM To: Nova, Makana Cc: Kelly Felker Subject: Peters - Exhibit (Community Sign) Hi Makana. Please take a look at this and let me know if this pulls back enough to satisfy the concern. We tried one pulling the entire curb in line with the "stub" wall but if doesn't look as good. However, it's not the end of the world, just let me know if we need to do more. Also, a question: If our 3rd floor was within the step -backs at the rear and the side, and equaled 15 %, then would it still be part of the Variance? I want to be sure that I represent our request properly. Thanks, Amy. Amy J. Creager AIA / LEED AP Principal Brion Jeannette Architecture Custom Architecture I Energy Efficient Design T: 949.645.5854 ext. 217 email@customarchitecture.com www.customarchitecture.com Aplease consider the environment before printing this e-mail CONFIDENTIALITY: The information contained in this a -Mail message, including any accompanying documents or attachments, is from Brion Jeannette Architecture and is intended only for the use of the individual or entity named above, and is privileged and confidential. If you are not the intended recipient, be aware that any disclosure, dissemination, distribution, copying or use of the contents of this message is strictly prohibited. Due to the vulnerabilities associated with electronic communications this message and any attachments should be checked for destructive content prior to executing. BJA is not responsible for loss or damage arising from the use of this e-mail or attachments. RESOLUTION NO. # # ## A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2014- 003 FOR A SINGLE - FAMILY RESIDENCE LOCATED AT 3000 BREAKERS DRIVE (PA2014 -036) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brion Jeannette Architecture representing Michael Peters, property owner, with respect to property located at 3000 Breakers Drive, and legally described as Parcel 1 of Resubdivision No.1059, being a subdivision of a portion of Lots 24, 26, and 28 of Block A -36 of Corona del Mar as per map recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps, Records of Orange County, together with a portion of Parcel 1, PM8 284/1 -2, Records of Orange County, requesting approval of a variance. 2. The applicant requests to establish site specific setbacks in accordance with Section 20.30.110.0 (Alternative Setback Area Location), to establish buildable area, and to provide relief from the required interior garage dimensions and third floor area and location standards for the construction of a new single - family residence. 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 May 22, 2014, in the Council Chambers 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). 2. The Class 3 exemption includes the construction of one single - family residence. The project is a new single - family residence and is located on a previously developed site with no environmentally significant resources present. Planning Commission Resolution No. eft Paqe 2 of 9 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.090.E (Variance, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of a variance are set forth: Finding: A. That there are special or unique circumstances or conditions applicable to the subject property (e.g. location, shape, size, surrounding, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: 1. The subject lot is an irregular L- shaped lot, and with application of standard setbacks, results in a small and unusually shaped buildable area from that of typical lots in the vicinity. The unusually shaped buildable area makes it difficult to construct a residence without encroaching into setbacks. 2. The irregular shape of the lot has an unusually large front setback resulting in a buildable area of 982 square feet where a typical lot in the vicinity has 2,232 square feet; the resulting FAR is 0.50 where a typical lot in the block has an FAR of 0.95. 3. The irregularly shaped lot and resulting irregularly shaped buildable area effectively eliminates the ability to provide a garage that complies with minimum dimensions while providing appropriate setbacks and living area. The depth of the buildable area considering a 5 -foot front and 3 -foot side setback consistent with the nearby lots results in an inadequate depth to build a compliant garage. 4. The L- shaped lot results in a small area (21 feet by 12 feet) to design a complying third floor. Finding: B. That strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. Facts in Support of Finding: 1. Strict application of development standards creates a residence that is smaller in size when compared to other identically zoned lots in the area. Strict application of the Zoning Code required floor area limit (FAL = buildable area X 1.5) to the subject property allows a maximum area of 1,473, which results in a FAR of 0.50. The allowed FAR of a typical lot in Corona del Mar is 0.95. 10 -15 -2013 Planning Commission Resolution No. #### Paqe 3 of 9 2. Setbacks required by the Zoning Code do not reflect the prevailing setbacks for this area and further deprive the property of buildable area for the development of a new single - family residence. 3. The subject property is deprived of a full sized garage with 20 -foot by 20 -foot clear interior dimensions that is feasible on regularly shaped lots over 40 feet in width. Compliance with the 20 -foot by 20 -foot minimum garage standard would further reduce the front setback below 5 feet and would further reduce the living space on the first floor. 4. The area and step back requirements for the third floor level severely restrict the ability to design a functional third floor area. Finding: C. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Finding: 1. The requested variance to establish setbacks resulting in a 2,880- square -foot floor area limit results in a 0.98 floor area to land area ratio (FAR), which is comparable with the typical lots within the block and allows the property the ability to build a residence with a comparable FAR to other residential development in Corona del Mar. 2. The garage design with reduced clear interior dimensions maximizes the buildable area available within the setbacks and will continue to provide a fully functional 2 -car garage for residents of the proposed home. 3. The size and location of the proposed third floor level is reasonable in this case due to the unusual shape of the lot that further restricts the buildable width and depth for the third level. The encroachment would afford the property owner a more usable third level area. Finding: D. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. Facts in Support of Finding: 1. The proposed setbacks, garage dimensions, and third floor do not result in a special privilege as it allows the property to construct a residence with similar development standards applicable to 30 -foot wide lots in Corona del Mar. 2. Approval of the variance results in a floor area to land area ratio (FAR) of 0.98, which is comparable of typical lots along Breakers Drive where maximum FARs range from 10 -15 -2013 Planning Commission Resolution No. #### Paqe 4 of 9 1.07 to 1.11. The 0.98 FAR is also comparable to typical lots in Corona del Mar, which have a maximum FAR of 0.95. Finding: E. That the granting of the Variance will not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. Facts in Support of Finding: 1. The proposed setbacks and building location do not block views from other residential development and adequate light, air, and separation are maintained. The proposed setbacks are consistent with setbacks for the lot prior to the 2010 Zoning Code update and are consistent with similar lots in the vicinity. 2. The design of the structure includes adequate articulation, modulation, open volume, and privacy for the abutting neighbor. 3. The garage as designed will adequately accommodate two vehicles. 4. The proposed third floor level location does not block views from other residential development; therefore, adequate light, air, and separation are maintained and coastal views are not impacted. 5. 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. Finding: F. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable specific plan. Facts in Support of Finding: 1. Setbacks govern the location of structures on a lot and provide for open areas around structures for visibility and traffic safety, access to and around structures, access to natural light and ventilation, separation of incompatible land uses, space for privacy, landscaping, and recreation, protection of natural resources, and safety from fire and geologic hazards. The variance establishes appropriate setbacks and buildable area for the property consistent with the existing development pattern along Breakers Drive. 2. The requested Variance is consistent with the intent of the Zoning Code and the General Plan because the proposed deviations from the Zoning Code allow for the construction of a single - family residence with a comparable FAR to other properties within Corona del Mar. 10 -15 -2013 Planning Commission Resolution No. #### Paqe 5 of 9 3. A garage is a completely enclosed structure designed to shelter a minimum of two parking spaces for a new single - family residence. The proposed garage with requested deviations from the clear interior parking dimensions will continue to meet the intent of the code to provide off- street parking. 4. The third floor level development standards are intended to regulate building bulk, provide for modulation at the upper story of a residence, and provide privacy to neighbors. As designed, the residence with requested deviations from setback, third floor limits, and garage size standards will provide usable open volume area, articulation, and modulation resulting in bulk that is consistent with other properties in the block and neighborhood of Corona del Mar. 5. The subject property is not located within a specific plan area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2014 -003 (PA2014 -036), 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 City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Variance No. 392, which upon vesting of the rights authorized by this application, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 22ND DAY OF MAY, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: Bradley Hillgren, Chairman M3 Kory Kramer, Secretary 10 -15 -2013 Planning Commission Resolution No. #### Pace 6 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. 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. Variance No. VA2014 -003 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 project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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 Variance. 5. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 6. Approval of the California Coastal Commission is required prior to issuance of a building permit for a single - family residence. 7. The property shall maintain the following setbacks: a 5 -foot front setback along Breakers Drive, a 5 -foot side setback along Iris Avenue (Corona del Mar Main Ramp), a 3 -foot side setback adjacent to 3002 Breakers Drive, and a 10 -foot rear setback. The buildable area resulting from the established setbacks shall be 1,920 square feet. 8. The gross square footage including the garages shall not exceed 1.5 times the buildable area (2,880 square feet). 9. The two -car garage shall maintain clear interior parking dimensions of 18 feet 6 inches in width by 19 feet in depth. 10. The third floor level shall not exceed 340 square feet of gross floor area and shall maintain a 15 -foot step back from front setback line and an 11 -foot step back from the rear setback line. 11. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and 10 -15 -2013 Planning Commission Resolution No. #### Paqe 7 of 9 trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 12. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Variance 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 Variance and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 13. 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 either the property owner or agent. 14. 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, 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 Cornerstone Securities Residential Addition including, but not limited to, Variance No. VA2012 -001 (PA2012 -027). 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. Fire Department Conditions 15. The fire feature on the covered patio shall provide recommended horizontal and vertical clearances or meet the California Mechanical Code required distances per Table 917.2, 2013 Edition. Building Division Conditions 16. A geotechnical report shall be submitted at the time of plan check submittal. The report shall identify and mitigate the potential for liquefaction. 17. Balcony projections less than 5 feet from the property line shall be one -hour fire rated. 10 -15 -2013 Planning Commission Resolution No. eft Paqe 8 of 9 18. The structure shall be fully sprinklered. 19. 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 Disabled Access requirements. 20. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. Public Works Conditions 21. Decorative driveway pavers shall be pulled back onto private property. 22. The location of the new 6 -inch curb within the Breakers Drive right -of -way shall be pulled back to meet the existing stub wall at the Breakers Drive entrance gate. 23. All improvements shall be constructed as required by Ordinance and the Public Works Department. 24. All existing private, non - standard improvements within the public right -of -way and /or extensions of private, non - standard improvements into the public right -of -way fronting the development site shall be removed. 25. An encroachment permit is required for all work activities within the public right -of -way. 26. In case of damage done to public improvements surrounding the development site by private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 27. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. 28. Landscaping at the corner of Iris Avenue and Breakers Drive shall be modified to comply with current sight distance requirements. 29. Landscaping within the Breakers Drive and Iris Avenue public rights -of -way that abuts the project site shall be maintained by the property owner through an Encroachment Agreement. 30. No excavation, shoring, tie -back, etc. will be permitted within the public right -of -way. 31. County Sanitation District fees shall be paid prior to the issuance of any building permits. 10 -15 -2013 Planning Commission Resolution No. #### Paqe 9 of 9 10 -15 -2013 EX I ST'G RESIDENCE TO BE DEMOLISHED OUTL I NE OF SECOND FLOOR ABA/ i I +6' HT. SITE WALL 4 GATE MAX. ±1.8-' H-T-.-WATER - - - - -- FEATURE -- ------------------------------- P.A. 22.0l' TN (18.51) NG (18.50) T+42" HT. NG WALL (E) P.A. ww (18.7�i) EP BREA <EIRS E�R Iq.2�i' TG d3 !" R =3O p0 x;21.3 EXIST'G +6' HT. COMMUNITY WALL ah (15.1q) EP (15.23) FS (18.24) GP .0� (17.q FS (21.2 (21.2 (18.0 (24.02) TW � C C (18.15) F5 IBRION JEANNETTE ARGHITEGTURE I PROJECT:PETER5 RESIDENCE (PA2014 -036) I 50ALE:1 /4" = I' -O" 4"!0 OLD NEWPORT BLVD. N.B, CA 92663 949.645.5854 DRAWING: EXHIBIT A (VA2014 -003) DATE: 2014.05.19 d Correspondence Item No. 3c BURNS,MARLENE Peters Residence variance Makana, In the proposed resolution for PA2014 -036 (Peters Residence Variance), I notice the indemnification clause, Condition 14, refers to a different project & variance than the one being considered. Should this be corrected? -- Jim Mosher PA2014 -036 From: Jim Mosher <jimmosher@yahoo.com> Sent. Thursday, May 22, 2014 12:57 PM To: Nova, Makana Cc: Burns, Marlene Subject. PC agenda item 3 (5/22/2014) Makana, In the proposed resolution for PA2014 -036 (Peters Residence Variance), I notice the indemnification clause, Condition 14, refers to a different project & variance than the one being considered. Should this be corrected? -- Jim Mosher Peters Residence - Poo Breakers Drive Variance No. VA2014 -003 Setbacks in accordance with Section 20-30-3.3.0-C (Alternative Setback Area Location); Buildable area; Interior garage dimensions; and Third floor area and step back standards. 07/13/2012 Community Development Department - Planning Division 2 �taEWPORT O A r U a cqC /FORN�P 2G 13 Ae,als �` Vicinity Map ` N \ \ 2 ,1 ell- 6 s. Subject` Property DW l o 07/13/2012 Community Development Department - Planning Division 3 Site Photographs 4, i t1 i�3 tea' 4 ----------- K ��yyq �2EW�R> O A r U cqC /FORNaP Site Photographs 07/13/2012 Community Development Department Site Photographs .1, �dEW�R> A a a Background cqC /FORNP 3.951- 2,591 sq ft single - family 2 -car garage 3.999 - 5 -foot setback along Breakers Drive and 5 -foot front setback along Iris Avenue established. 2010- Zoning Code update inadvertently removes setbacks along Iris Avenue and Breakers Drive, requiring 20 -foot front setback. 07/13/2012 Community Development Department - Planning Division 7 Current Buildable Area loft d1 R b., Buildable Area Area g8z sq ft z0 ft_ -- 07 /13 /2012 Community Development Department - Planning Division 8 � �gW VORT O A r cqC /FORN�P Proposed Buildable Area 10 ft _v � =m N 4 di a m} �i Sao aft 5 ft Buildable Area 1,920 sq ft 5 ft BREAKERS M 07/13/2012 community ueveiopment uepartment - rianning uivision 9 7! Hi r M ��9C /IOIiP��� ■ 4 bedrooms 4 baths it z- car garage (390 sq ft) tow 2,875 sq ft gross floor area _. - -- - __ na• m M�II r. . ;� BREAKER-- (PRIVAT 07/13/2012 Community Development Department - Planning Division 10 Third Floor Plan 4� � / � I I i ti e ' ■ 11ft R r � �ooS i ' ,�;,-," ,rrr ,r , rrrrrrrrrrrrcr�rr�rrrrr�� � , rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr - p r TT 07 /13 /2012 Community Development Department - Planning Division 12 West Elevation (Breakers Drive) yz Af 7 -777-7 Illik fill JOIN IIIINJO N, NONE'. 11110m, North Elevation (CDM Main Ramp) WON amt 4��: —_ .�• - —�- - 7w, Floor • 1 Comparison r Subject Lot Typical / • Required Corona del Mar proposed Gross Lot Area 2,928 sq. ft. 3,540 sq. ft. 2,928 sq. ft. Buildable Area 982 sq. ft. 2,232 sq. ft. 1,920 sq. ft. Maximum Floor Area (Buildable Area x 1,473 sq. ft 3,348 sq. ft. 2,880 sq. ft 1.5 147 sq. ft. 447 sq. ft. 340 sq. ft. Third Floor Area (Buildable Area x (Buildable Area x (Buildable 0.15 0.20 Area x 0.17 Floor Area to 0.50 0.95 0.98 Land Area Ratio o7 /13 /zoiz Community Development Department - Planning Division z5 Subject Lot Typical Lot in Required Corona del Mar proposed Gross Lot Area 2,928 sq. ft. 3,540 sq. ft. 2,928 sq. ft. Buildable Area 982 sq. ft. 2,232 sq. ft. 1,920 sq. ft. Maximum Floor Area (Buildable Area x 1,473 sq. ft 3,348 sq. ft. 2,880 sq. ft 1.5 147 sq. ft. 447 sq. ft. 340 sq. ft. Third Floor Area (Buildable Area x (Buildable Area x (Buildable 0.15 0.20 Area x 0.17 Floor Area to 0.50 0.95 0.98 Land Area Ratio Floor Area Comparison Breakers Drive 3000 3002 3014 3016 and 3018 3024 Breakers Breakers Breakers Breakers Breakers (Subject) 2010 1993 1995 1965 Gross Lot 2,928 sq. ft. 2,515 sq. ft. 6,996 sq. ft. 5,780 sq. ft. 6,208 sq. ft. Area Buildable 1,920 sq. ft. 1,806 sq. ft. 5,190 sq. ft. 4,207 sq. ft. 4,409 sq. ft. Area Maximum 2,880 sq. ft. 2,709 sq. ft. 7,785 sq. ft. 6,310 sq. ft. 6,614 sq. ft. Floor Area Maximum Floor Area 0.98 1.08 1.11 1.09 1.07 Ratio by Code Floor Area Permitted 2,875 sq. ft. 2,464 sq. ft 5,462 sq. ft. 6,310 sq. ft. 4,482 sq. ft. by (Proposed) Variance Floor Area Ratio Per 0.98 1.08 0.78 1.09 0.72 Variance 07 /13 /2012 Community Development Department - Planning Division 16 El iffirITIA I r: ■ Approval of Variance VA2014 -003 07/13/2012 Community Development Department - Planning Division 17 For more information contact: Makana Nova 949-644-3249 mnova@newportbeachca.gov www.newportbeachca.gov Setback Comparison Typical • Subject Lot Typical Lot in proposed Required Corona del Mar 1 202 sq. ft. 600 sq. ft. Front Setback 20 ft.; 20 ft.; 5 ft. existing. Side Setback (Breakers Dr.); and 11 (Iris Ave. /Corona (Lot is wider than 3 ft. Front Setback Area del Mar Main 40') (Less than 40' wide) Proposed 5 ft. Ram Interior Side 4 ft. 3 ft. 3 ft. existing Setback (east) (Lot is wider than (Less than 40' wide) nonconforming. 40' 3 ft. ro osed. Rear Setback 10 ft. 10 ft. 10 ft. existing. Proposed 10 ft. o7 /s3 /zolz Community Development Department - Planning Division ig 202 sq. ft. 600 sq. ft. Proposed 5 ft. Side Setback 4 ft. (Iris Ave. /Corona (Lot is wider than 3 ft. >5 ft. existing. del Mar Main 40') (Less than 40' wide) Proposed 5 ft. Ram Interior Side 4 ft. 3 ft. 3 ft. existing Setback (east) (Lot is wider than (Less than 40' wide) nonconforming. 40' 3 ft. ro osed. Rear Setback 10 ft. 10 ft. 10 ft. existing. Proposed 10 ft. Second Floor Plan pc MEN i� i � �i i� Ii III _. ._ w i' sf3�t�i I Ei� i� �i rr �i ..I e a Mole c. 07113 /2012 0 � I I i I - I I I I �I o y Community Development Department - Planning Division 0141 East Elevation 0 South Elevation 1 w, A661 '.Iwo