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HomeMy WebLinkAbout1658 - APPROVE VA AMENDMENT AND MD_3415 OCEAN BLVDRESOLUTION NO. 1658 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO VARIANCE NO. 2003 -001 AND MODIFICATION PERMIT NO. 2003 -004 FOR PROPERTY LOCATED AT 3415 OCEAN BOULEVARD (PA2003 -006) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Curt W. Ensign with respect to property located at 3415 Ocean Boulevard, and legally described as Lot 6, Tract 1257, requesting approval of a Variance and Modification Permit to construct a 6,100 square foot residence that exceeds the 24 -foot height limit and, encroaches up to 10 feet into the required 10 foot front yard setback. A public hearing was held on April 3, 2003 at which time the Planning Commission conditionally approved Variance No. 2003 -001 and Modification Permit No. 2003 -004 that permitting the development of the proposed project. The City Council subsequently called the application for review and, at their meeting of April 22, 2004, upheld the decision of the Planning Commission. Both the Land Use Element of the General Plan and the Zoning Code designates the site as Single Family Detached residential. WHEREAS, an application was filed by Brion Jeannette Architecture on behalf of Jan and Doug Circle, property owners, requesting approval of an amendment to Variance No. 2003 -001 and Modification Permit No. 2003 -004 to permit changes to the approved building design and site improvement plans. WHEREAS, a public hearing was held on December 9, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California to consider the proposed amendments. A notice of the time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the Planning Commission finds as follows: a) That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district. The subject property is encumbered by sloping topography that creates a relatively narrow buildable depth of approximately 30 feet and restricts the ability to adhere to the natural grade height limitation specified in the Zoning Code while avoiding alteration of the bluff. The proposed project does however, comply with the Ocean Boulevard top of curb height limitation b) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. City of Newport Beach Planning Commission Resolution No. Paoe 2 of 5 The majority of the subject property is unimproved coastal bluff. Granting the variance will allow the property owner to construct a dwelling of similar floor area when compared to the size of homes on similar sized parcels while limiting extensive alteration to the coastal bluff significantly beyond the footprint of the existing development. c) That the granting of the application is consistent with the purposes of the Zoning Code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. The code provides the flexibility in application of land use and development regulations by way of permitting variance applications. The variance procedure is intended to resolve practical physical hardships resulting from the unique topography and lot configurations that exist in the area and on this lot. The granting of this request is consistent with the intent of the established height limitations to ensure that buildings are not out of scale with nearby buildings since the height of this building is relatively comparable to those on adjacent properties. Additionally, the proposed floor area is well below the maximum permitted by the Zoning Code. d) The granting of the requested variance will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. The subject property is designated for single family residential use and the granting of the variance would not increase the density beyond what is planned for the area, thereby avoiding additional traffic, parking or demand for other services. The granting of the variance request for height will not adversely impact public views as the proposed structure adheres to the Ocean Boulevard top -of -curb height limitation. Although the proposed building extends farther away from Ocean Boulevard and will encroach within the private views of the adjacent properties, they will retain a vast majority of a nearly 180 degree view. Therefore, the proposed project will not be detrimental to these properties and will result in a structure that is similar to surrounding dwellings located along the coastal bluff with respect to size, bulk and design. e) The establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of this code for the following reasons: City of Newport Beach Planning Commission Resolution No. Paae 3 of 5 1) Due to the wide Ocean Boulevard right -of -way, the proposed below grade encroachment will be approximately 57 feet from the existing sidewalk. The above grade portion of the structure maintains the required 10 -foot setback and is located approximately 67 feet from the Ocean Boulevard sidewalk. This increased distance sufficiently separates the building mass from the sidewalk especially due to the fact that the height of the proposed residence does not exceed the adjacent top of curb height. 2) The code provides flexibility in the application of land use and development regulations by way of permitting modification and variance applications. This procedure is intended to resolve practical and unnecessary physical hardships resulting from the unique topography and lot configurations that exist in the area and on this lot. f) The project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (Construction of a single - family residence in a residential zone). NOW, THEREFORE, BE IT RESOLVED Section 1. The Planning Commission of the City of Newport Beach hereby approves an amendment to Variance No. 2003 -001 and Modification Permit No. 2003 -004, subject to the conditions set forth in Exhibit "A ", the plans dated December 1, 2004. Section 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 or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 9th DAY OF DECEMBER 2004. AYES: Eaton, Cole, Toeroe, Tucker Selich, McDaniel and Hawkins NOES: None BY: Larry Tucker, Chairman BY: F eff Cole, Secretary City of Newport Beach Planning Commission Resolution No. Paae 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT NO.1 TO VARIANCE NO. 2003 -001 & MODIFICATION PERMIT NO. 2003 -004 1. The development shall be in substantial conformance with the approved plot plan, floor plans and elevations dated December 1, 2004 with the exception of any revisions specified below and as required by any of the following conditions. a. The depth of the first floor deck shall be reduced 2 feet. b. The crescent shaped portion of the second floor deck shall be pulled back and redesigned to not project beyond the "deck stringline" as depicted on sheet A -3, second floor plan. C. The final design is subject to the approval of the Planning Director, prior to the issuance of building permits. 2. Variance No. 2003 -001 and Modification Permit No. 2002 -004 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The project shall comply with all applicable Fire and Building Code regulations. 4. All improvements shall be constructed as required by Ordinance and the Public Works Department. 5. Prior to the issuance of grading or building permits, the final design of the driveway shall be reviewed and approved by the City Traffic Engineer. 6. Exiting from each level of the residence shall comply with applicable standards of the Fire and Building Code. 7. Prior to the issuance of demolition, grading or building permits, the applicant shall obtain approval from the California Coastal Commission for the demolition of the existing residence and the construction of the new residence. B. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. City of Newport Beach Planning Commission Resolution No. Paae 5 of 5 9. Chimney heights shall comply with the regulations specified by section 20.65.070 of the Zoning Code 10. Prior to the issuance of grading or building permits, a drainage plan shall be prepared. Site drainage shall be directed to the existing drain line or directed to Ocean Boulevard unless otherwise approved by the Building, Public Works and Planning Departments. 11. The project shall conform to the requirements of the National Pollution Discharge Elimination System (NPDES) and shall be subject to the approval of the Public Works Department. 12. The height of the structure shall not exceed the adjacent Ocean Boulevard top of curb height as shown on the approved set of plans. 13. As part of the submittal requirements for grading and building permits, an extensive geotechnical investigation and geotechnical report shall be prepared. Included in the recommendations shall be a shoring plan designed to protect the adjacent properties and right of way from damage resulting from the temporary removal of lateral support. 14. During excavation and construction, vehicular access to adjacent properties shall be maintained at all times. 15. Automatic fire extinguishing system (sprinklers) shall be installed in all occupancies when the total floor area exceeds 5,000 square feet. 16. The applicant shall maintain the access driveway through an encroachment permit issued by the Public Works Department. 17. The floor elevation of the garage shall be designed to be higher than the drain.