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HomeMy WebLinkAbout1694 - APPROVE VA AND MD_2319 PACIFIC DRIVERESOLUTION NO. 1694 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2004 -002 AND MODIFICATION PERMIT NO. 2006 -072 FOR PROPERTY LOCATED AT 2319 PACIFIC DRIVE (PA 2004 -189) WHEREAS, an application was filed by Mr. and Mrs. A.J. D'Amato with respect to property located at 2319 Pacific Drive, and legally described as Portions of Block D and Portions of Abandoned Street of the Corona del Mar Tract, requesting approval of a Variance to allow portions of a new single - family residence to exceed the 24 -foot height limit and a Modification Permit to allow portions of a two -car garage an architectural wall element, and a balcony to encroach within the required front yard setback; and WHEREAS, a public hearing was held on August 3, 2006 in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. The application, plans, a staff report and evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, the property is designated Single Family Residential by the General Plan Land Use Element and zoned R -1 (Single - Family Residential). The project proposes constructing a new single - family residence, which is permitted within the General Plan and Zoning designation, and has been designed to comply with all applicable R -1 development regulations, with the exception of the requested variance for height and modification for setback encroachments; and WHEREAS, Policy D of the Land Use Element of the General Plan requires the sitting of new buildings and structures to be controlled and regulated to insure, to the extent practical, the preservation of public views, the preservation of unique natural resources, and to minimize the alteration of natural land forms along bluffs and cliffs. The project has been designed to comply with an identified predominant line of development drawn from the furthest extent from the principal structural elements of each residence across the entire unaltered bluff face. The project will maintain the existing line of development, compatible in context with neighboring residences, and will continue to preserve a large majority of the visual appearance and natural landform of the bluff face; and City of Newport Beach Planning Commission Resolution No. Page 2 of _10 WHEREAS, the Coastal Land Use Plan (CLOP) sets forth goals, objectives, and policies that govern the use of land and water in the coastal zone within the City and addresses land use and development, public access and recreation, and coastal resource protection. The proposed project is consistent with the goals and policies of the CLOP for the following reasons: 1. The project is designed within a clear predominant line of development that has been identified using a line drawn from the furthest extent from the principal structural elements of each residence across the entire unaltered bluff face (excluding the lots to the west that take access from Bayside Drive). By maintaining development within the predominant line of development, the proposed project is sited similarly (in line) with its immediate neighbors, insuring compatibility with the neighboring residences and preserves a large majority of the visual appearance and the natural landform of the bluff face. 2. The project site is not identified by the CLOP as a public view point and Pacific Drive is not identified as a coastal view road requiring public view protection; however, the bluff and the proposed project are highly visible from Bayside Drive, from the harbor, and from across the harbor on the peninsula. With the proposed residence designed to conform to the predominate line of development, the visual appearance of the bluff as can be viewed by the public will therefore be preserved. Additionally, since a majority of the proposed development is sited on the flattest portion of the lot, the project minimizes alterations of the natural landform of the bluff face. 3. Since Corona del Mar is one of few areas in the coastal zone where there is extensive residential development on bluff faces and since the particular bluff underlies a conventional subdivision that has been developed over time on a lot - by -lot basis, the CLOP permits continued development in these areas. Policies 4.4.3 -8 and 4.4.3 -9 permit development on the Pacific Drive bluff faces subject to the predominant line of development. However, Policy 4.4.3 -8 specifically only allows development to occur within the predominant line of development only when no feasible alternative exists. A smaller footprint coupled with the tendency to maximize floor area could lead to cantilevered designs, a larger basement level on the upper portion of the lot, a reduced front yard or a taller building. None of these potential options are optimal. Although the project will alter 100% of the bluff face covered by the proposed footprint of the building within the predominant line of development, the improvements will minimize alteration of the bluff face as approximately 90% percent of the entire bluff face will be preserved. The project has additionally been conditioned insure the project will not contribute to further erosion of the slope requiring the implementation of a drainage plan that conveys rainwater to Pacific Drive or to the toe of the bluff within a drain pipe, and prohibiting landscaping or irrigation practices that could contribute to erosion. Lastly, the proposed project must be visually compatible with the surrounding development and the minor alterations of the bluff will not be noticed once it is completed. City of Newport Beach Planning Commission Resolution No. _ Page 3 of 10 4. The proposed residence has been designed with a stepped foundation design and conforms with the natural contours of the site to the maximum extent feasible, while still achieving the anticipated level of floor area enjoyed by adjacent properties. 5. The subject bluff is not subject to marine erosion, but is rather located inland and stabilized by Bayside Drive. Additionally, the proposed residence will not disturb the existing vegetation or bluff face below the predominant line of development and no significant rock outcroppings exist on the site. WHEREAS, a Variance to exceed the 24 -foot height limitation has been prepared and approved, in accordance with Chapter 20.91 of the Newport Beach Municipal Code, for the following reasons: 1. Strict application of this code deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification due to the following special circumstances applicable to the property: a. The subject property is located on a bluff and is therefore encumbered by the steeply sloped topography on the southwest portion of the lot, which restricts the ability to adhere to the natural grade height limitation specified in the Zoning Code while avoiding significant alteration of the bluff. b. A stringline developed to preserve the coastal bluff further deprives this property from achieving the maximum permitted floor area limitations. C. Neighboring residences have easily achieved the 1.5 floor area ratio limitation by constructing further down the slope 2. The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant because: a. A significant portion of the subject property consists of steeply sloping unimproved coastal bluff. Additionally, the design of the residence and the extent of the alteration to the coastal bluff is limited to the predominate line of existing development. b. Denial of the variance would reduce the size of the residence well below the maximum allowable floor area and smaller than newly constructed houses in the area. The diminishment of floor area is a diminishment of a substantial property right, and the approval of the variance preserves this right while allowing the City to achieve its goal to reduce further alteration of the coastal bluff City of Newport Beach Planning Commission Resolution No. _ Paoe 4 of 10 C. The project as proposed works within the constraints of the lot to the maximum degree possible, and preserves the applicant's ability to achieve a comparable size home with others in the neighborhood. 3. The granting of the application is consistent with the purposes of this 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 because: a. The code provides the flexibility in application of land use and development regulations by way of permitting variance applications. b. 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. C. If the sloped condition did not exist, the applicant could design a home within the required height limitation. d. The proposed floor area is consistent with the maximum FAR permitted by Code and with similar properties along on the bluff. e. The residence is similar in size and location to the adjacent houses. 4. The granting of such application 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 because: a. 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. b. Granting the variance request for height will not adversely impact the visual view of the bluff face as viewed from below or from across the harbor as the structure is sited within the predominate line of existing development. C. When viewed from Pacific Drive, the house will be no taller than one that could be constructed in conformance with the height limit, and will be compatible with the surrounding neighborhood as the front of the house closest to Pacific Drive conforms to the height limit. d. The proposed project will not be detrimental to the surrounding neighborhood and will result in a structure that is similar to surrounding dwellings located along the coastal bluff with respect to size, bulk and design. City of Newport Beach Planning Commission Resolution No. _ Page 5 of 10 WHEREAS, the proposed Modification Permit for the encroachment of portions of the garage and an architectural entry wall element into the front yard setbacks have been prepared and approved, in accordance with Chapter 20.93 (Modification Permits) of the Newport Beach Municipal Code, for the following reasons: 1. The Modification Permit is necessary due to practical difficulties associated with the property and strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code because: a. The site is encumbered with steeply sloping topography which makes it difficult to adhere to the front setbacks specified in the Zoning Code while avoiding alteration of the bluff, which is a goal of the General Plan and Coastal Land Use Plan. b. The applicant situated the building, to the greatest extent possible, within the front portion of the lot where the slope is less steep, in order to reduce the height of the structure and to comply with the predominant line of existing development and to minimize alterations of the bluff face. C. The effect of relocating the proposed structure back 7 -feet 10- inches to comply with the front yard setback would result in a taller structure when viewed from the west, or result in additional alteration of the bluff, as it would push the residence further down the bluff. d. In addition to the sloping terrain, the front property line is not perpendicular to the side property lines, thereby reducing the area of possible construction within the less constrained portions of the lot. e. The proposed residence has been designed in line with the skewed front property line; however, to help square off the front fagade which is typical of home design, the applicant has designed a small architectural entry wall element which results in the small encroachment into the front setback. 2. The requested modification will be compatible with the existing development in the neighborhood because: a. The two adjacent residences encroach approximately 8 -feet 7- inches (2315 Pacific Drive) and 7 -feet (2329 Pacific Drive) into the required garage setback. b. Due to the large right -of -way area behind the sidewalk, the proposed project will accommodate a clear 19 -foot driveway, allowing a vehicle to park without encroaching over the sidewalk. City of Newport Beach Planning Commission Resolution No. Paqe 6 of 10 C. The entry wall encroachment is a minor architectural element which will enhance the aesthetics of the structure and square up the front fagade and will be compatible with the varying architectural styles of the existing neighborhood. 3. The granting of this Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood because: a. The existing structure currently encroaches 6 -feet 8- inches into the required 19 -foot garage setback and has not proven to be detrimental to the health, safety, and general welfare of the neighborhood to date, and since the proposed area of encroachment is slightly smaller in area (173 sq. ft. vs. 142 sq. ft.), the proposed encroachment should continue to not prove detrimental. b. The face of the garage will remain setback approximately 29 -feet from the street, providing sufficient site distance for vehicles pulling out of the garage and will not impact vehicle sight distance or impinge on public walkways. Additionally, there are no plans to widen Pacific Drive in the future and neighboring structures with similar garage encroachments have not proven detrimental to date. C. The entry wall element is a minimal architectural encroachment and serves only to enhance the aesthetics of the structure. The encroachment should not prove to be detrimental to immediate neighbors as light, air, and access to theses lots will remain given the location of the wall. WHEREAS, the proposed Modification Permit for the balcony encroachment into the front yard setback shall be denied in accordance with Chapter 20.93 (Modification Permits) of the Newport Beach Municipal Code, for the following reasons: 1. The balcony encroachment is not necessary due to any practical difficulties associated with the property, as the applicant's views are afforded from the bluff side of the property and a large percentage of the structure is comprised of decks. 2. The structure would continue to maintain approximately 1,074 square feet of total deck area with the elimination of this balcony. WHEREAS, the proposed 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) since the proposed structure will replace an existing structure; and City of Newport Beach Planning Commission Resolution No. Paqe 7 of 10 NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. 2004 -002 and Modification Permit No. 2006 -072, subject to the Conditions set forth in Exhibit "A." 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF AUGUST 2006. M M AYES: Eaton, Hawkins, Toerge Cole and Henn NOES: None ABSENT: McDaniel and Tucker City of Newport Beach Planning Commission Resolution No. Page 8 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL VARIANCE NO. 2004 -002 MODIFICATION PERMIT NO. 2006 -072 1. The development shall be in substantial conformance with the approved site plan, floor plan, and elevations stamped with the date of this meeting, except as noted in the following conditions. 2. The balcony proposed to be located on the garage encroachment shall be eliminated and is not permitted. 3. The garages shall maintain a minimum setback of 11 -feet 2- inches from the front property line and shall be staggered in conformance with the approved plans. Related roof overhangs may encroach a maximum of one additional foot. 4. The entry wall element as depicted on the approved plans shall maintain a minimum setback of 14 -feet from the front property line. Related roof overhangs may encroach a maximum of one additional foot. 5. Two independently accessible parking spaces shall be provided on site within a garage for the parking of vehicles only, and shall be available to serve the residential unit at all times 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. 8. Automatic fire sprinklers shall be provided within the proposed residence, in conformance with Building and Fire Code requirements. 9. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 10.The existing private wall fronting the site and located within the public right -of- way shall be removed. 11. The new driveway flares (top of X's) shall maintain a minimum setback of 5 -feet from the nearest tree, power pole, or any other above ground obstructions. 12. The abandoned driveway approach shall be plugged per City Standard STD -165- L. City of Newport Beach Planning Commission Resolution No. _ Paqe 9'R 10 13.The new driveway approach shall be constructed per City Standard STD -162 -L and shall comply with City Council Policy L -2. 14. The new driveway slope shall comply with City Standard STD - 160 -L -C. 15. Prior to the issuance of building permits, the applicant shall comply with Council Policy G -1 and apply for tree reforestation for the existing street tree proposed for relocation. A request shall be submitted to the General Services Director for consideration by the Parks, Beaches, and Recreation Commission. 16.If the reforestation request is not approved by the Parks, Beaches, and Recreation Commission, the project shall be redesigned and will require an amendment to this subject Variance and Modification Permit and shall be reviewed by the Planning Commission. 17.All public improvements shall be constructed, if required, in accordance with applicable Ordinances and the Public Works Department requirements. 18. An encroachment permit shall be processed through the Public Works Department for all work within the public right -of -way. 19. 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. 20.Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code, unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 21. Prior to issuance of any grading permits, the project applicant shall document to the City of Newport Beach Building Department that all facilities will be designed and constructed to comply with current seismic safety standards and the current City- adopted version of the Uniform Building Code. 22. Prior to issuance of any grading permits, a geotechnical report shall be submitted with construction drawings for plan check. The Building Department shall ensure that the project complies with the geotechnical recommendations included in the report, as well as additional requirements, if any, imposed by the Newport Beach Building Department. 23. Prior to the issuance of building permits, a drainage plan that complies with all laws shall be reviewed and approved by the Building Department. 24. Landscaping and irrigation practices that could contribute to the erosion of the slope shall be prohibited. City of Newport Beach Planning Commission Resolution No. Paae 10 of 10 25.Variance No. 2004 -002 and Modification Permit No. 2006 -072 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.