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HomeMy WebLinkAbout1984 - VARIANCE - accessory structures to exceed height limit - 2525 Ocean Blvd RESOLUTION NO. 1984 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. VA2014-007 AS MODIFIED FOR THE REPLACEMENT OF EXISITNG FENCES AND GATES THAT EXCEEED THE HEIGHT LIMIT FOR PROPERTY LOCATED AT 2525 OCEAN BOULEVARD (PA2014-190) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Channel Reef Community Association, with respect to property located at 2525 Ocean Boulevard, and legally described as Parcel 1 of resubdivision 0938 in Block C, requesting approval of a variance. 2. The applicant request includes a variance application for the replacement of existing nonconforming fences and gates to exceed the top of curb height of Ocean Boulevard. The heights range from 5-feet, 10-inches to 8-feet, 5-inches above the top of curb height. 3. The subject property is located within the Multi-Unit Residential (RM) Zoning District and the General Plan Land Use Element category is Multiple-Unit Residential (RM). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Multiple Unit Residential (RM-E). 5. A public hearing was held on June 18, 2015 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 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. Class 1 exempts minor alterations to existing facilities involving negligible expansion of use beyond that existing at the time of the lead agency's determination. The proposed project is the replacement of fences and gates within an existing multi-family development. Planning Commission Resolution No. 1984 Page 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.090 (Variances) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: 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. Facts in Support of Finding: 1. The approximately 52,563-square-foot subject property is developed with a 48-unit condominium project. As approved in the 1960's prior to the Ocean Boulevard top of curb height limit and the California Coastal Act, the development includes many elements that exceed the top of curb of Ocean Boulevard including the existing fences and gates. The development terraces down the sloping topography with a 5-level parking structure and a 6-level residential condominium structure to the water. A City right-of-way is located between the front property line and Ocean Boulevard curb line that has a width of approximately 30 feet. Due to the existing development and topography, no security fence or gate could be provided without exceeding the top of curb height limit. Finding: 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. Facts in Support of Finding: 1. The property currently enjoys the right to maintain their existing nonconforming fences and gates but does not enjoy the right to replace the fences and gates, which is a typical right of other properties in the RM zoning designation. Strict application of the Zoning Code would require the removal of the existing fence and gate on the parking structure when it was beyond repair, and therefore, deprive the property of any ability to provide a security fence. 2. The granting of the variance is necessary to preserve the ability to provide a security fence and gate, which is a significant property right, and the proposed renovation to the existing fences and gates, with the reduced heights, are comparable to size and height of other fences and gates along Ocean Boulevard. 03-03-2015 Planning Commission Resolution No. 1984 Page 3 of 8 3. Due to topographical constraints located on the bluff side of Ocean Boulevard, several other properties have fences, gates and hedges that exceed the top of curb height of Ocean Boulevard. Finding: C. 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 property presently has the right to maintain the existing fence and gate thereby providing security for the continued peaceful enjoyment and use of the property. The granting of the Variance is necessary to allow for the replacement of an older aesthetically unappealing fence and gate while continuing to provide appropriate security to maintain the right to peaceful enjoyment and use of the property Finding: 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. Facts in Support of Finding: 1 . See statements B-3 and B-4 in support of this finding. 2. The area is subjected to high public use due to the proximity and views to the ocean and harbor. As a result, providing a security fence and gate to the private parking area is important to preserve the peaceful use of the property by residents. No other multi-family zoned property is subject to the top of curb height limit on Ocean Boulevard and no other property that is subject to the same height restriction has a large parking area directly accessible from Ocean Boulevard the way the subject property has. As a result, the granting of the variance would not constitute the granting of a special privilege. Finding: E. Granting of the variance will not be detrimental to the harmonious and orderly growth of the City, nor 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 abutting right-of-way at Ocean Boulevard is a Coastal View Road. Although there is not much of a view through the existing developed property, the new gates 03-03-2015 Planning Commission Resolution No. 1984 Page 4of8 and fences will be lowered to improve and partially restore the small view and horizon through the property. 2. The proposed fences and gates will be replaced with new material which will have a more opaque appearance to better screen the vehicles that utilize the roof-top parking and improve the overall appearance of the site. 3. The granting of the Variance will not adversely impact public views from Ocean Boulevard because the existing development of the property has many elements that already obstruct the view. There is a small view from the sidewalk across Ocean Boulevard which will be improved with the fences and gates as modified to be no taller than 5-feet, 6-inches feet above the rooftop parking surface. 4. The landscaping within the public right-of-way will be improved with lower, smaller plants improving the view through the north east corner of the lot. 5. The renovations have been reviewed by the Public Works Department for substantial conformance with the existing Encroachment Permit. There are specific conditions of approval within the encroachment permit to ensure that the final design of the walls, fences, gates, and landscaping within the public right-of-way along Ocean Boulevard are in conformance with the Encroachment Permit. 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 . The approval of the variance as modified allows for maintenance and enhancement of existing views while restoring and enhancing the overall visual quality of elements of a project that have become somewhat visually degraded. Therefore, the project is consistent with view protection policies in the General Plan and Coastal Land Use Plan. 2. The new fences and gates improve the streetscape by providing enhanced screening of the rooftop parking area and replacement of an older wrought iron fences and gates with a more aesthetically pleasing design. 3. The subject property is designated for multi-unit residential use and the granting of the Variance would not increase the density beyond what is planned for the area, and will not result in additional traffic, parking, or demand for other services. 4. The subject property is not located within a specific plan area. 03-03-2015 Planning Commission Resolution No. 1984 Page 5 of 8 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2014-007 as modified such that fences and gates authorized will not exceed 4 feet above the top of the rooftop parking surface, 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 following the date this Resolution was adopted 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 18th DAY OF JUNE, 2015. AYES: Kramer, Lawler, Myers, and Tucker NOES: None ABSTAIN: None ABSENT: Brown, Hillgren, and Koetting BY: I l Larry Tucker, Chairman BY: y rs, Se retary 03-03-2015 Planning Commission Resolution No. 1984 Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved revised site plan, fence elevations, and revised landscape plan stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. This approval shall expire and become void unless exercised within twenty-four (24) months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 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 Use Permit. 5. This Variance may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. The gates and fences shall not exceed 5-feet, 6-inches from existing grade directly below. 7. The revised landscaping shall be consistent with the approved plans with plantings within the public right-of-way being replaced with lower plantings that do not exceed a 4-foot mature height. 8. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 9. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved 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. 03-03-2015 Planning Commission Resolution No. 1984 Page 7 of 8 10. All existing and proposed outdoor lighting fixtures shall be modified to be designed, shielded, aimed, located and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 11. Landscape lighting shall consist of full cut-off or directionally shielded lighting fixtures that area aimed and controlled so that the direct light shall be substantially confined to the object intended to be illuminated to minimize glare, sky glow, and light trespass. 12. Prior to the final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of all lighting sources. 13. 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 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. 14. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless the 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 the City's approval of the 2525 Ocean Boulevard Variance including, but not limited to, the Variance No. 201-007. 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, the City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages which the 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. PUBLIC WORKS 15. The improvements shall be in substantial conformance with the existing City Council approved encroachment agreement for retaining walls, stairs, lighting, railings, gates and appurtenances within the Ocean Boulevard right-of-way. 16. The proposed project shall include installation of ADA compliant curb ramps at the entrance to the project and Ocean Boulevard. 03-03-2015 Planning Commission Resolution No. 1984 Page 8 of 8 17. No decorative pavers shall be installed within the Ocean Boulevard public right-of-way. A standard concrete driveway shall be installed along the Ocean Boulevard frontage. 18. The heights and openings of the proposed railings/fencing within the public right-of- way shall be consistent with the heights of the existing wrought iron fencing within the public right-of-way. 19. The revised landscaping shall be reviewed and approved by the Public Works Department with a landscaping plan that is a part of the Building Permit plans. FIRE DEPARTMENT 20. As per Newport Beach Guideline C.01, vehicle access gates or barriers installed across streets shall be in accordance with Newport Beach Guideline C.01 and the CFC and Newport Beach Municipal Code. Three site plans are required for gate/barrier plan review and approval. 21. The minimum width of any gate or opening required as a point of access shall not be less than 14-feet unobstructed width. 22. All emergency vehicle access gates, private gated communities, shall have a lock approved by the Newport Beach Fire Department. Where gates are electrically operated, an approved key switch and an approved remote opening device shall be installed and maintained operational at all times or the gate shall be locked in the open position until operational. 03-03-2015