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HomeMy WebLinkAbout1944 - VARIANCE - 3000 Breakers DrRESOLUTION NO. 1944 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 QUALITYACT 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. 1944 Page 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.090.F (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: 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: 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. 1944 Pape 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 Planning Commission Resolution No. 1944 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 Planning Commission Resolution No. 1944 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: AMERI, BROWN, KRAMER, LAWLER, MYERS, AND TUCKER NOES: NONE ABSTAIN: NONE ABSENT: HILLGREN BY: 10 -15 -2013 Planning Commission Resolution No. 1944 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 Planning Commission Resolution No. 1944 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 Peters Variance including, but not limited to, Variance No. VA2014 -003 (PA2014 -036). 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. 18. The structure shall be fully sprinklered. 10 -15 -2013 Planning Commission Resolution No, 1944 Paqe 8 of 8 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