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HomeMy WebLinkAbout10 - Request to Relocate a Driveway and Install Private Improvements within the Public Right-of-Way at 2723 Ocean Boulevard (N2015-0365)TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report November 24, 2015 Agenda Item No. 10 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: David Keely, Senior Civil Engineer PHONE: 949-644-3349 TITLE: Request to Relocate a Driveway and Install Private Improvements within the Public Right -of -Way at 2723 Ocean Boulevard (N2015- 0365) ABSTRACT: The property owners of 2723 Ocean Boulevard (Owners) request approval to relocate an existing driveway and install retaining walls and guard rails exceeding 36 inches in height, private landscaping, private irrigation drainage improvements and appurtenances within the Ocean Boulevard right-of-way. RECOMMENDATIONS: a) Waive City Council Policy L-2, Driveway Approaches, to allow the relocation of an existing driveway on Ocean Boulevard; b) Waive City Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow retaining walls and guard rails that exceed 36 inches in height, private landscaping, private irrigation, drainage improvements and appurtenances that encroach in excess of 1 -foot into the Ocean Boulevard right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and c) Direct staff to enter into an Encroachment Agreement with the Owners, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 10-1 Request to Relocate a Driveway and Install Private Improvements within the Public Right -of -Way at 2723 Ocean Boulevard (N2015-0365) November 24, 2015 Page 2 DISCUSSION: The owners of 2723 Ocean Boulevard are proposing an addition and remodel of an existing single-family residence. As part of the project, a new two -car garage will be constructed along Way Lane and the existing one -car garage along Ocean Boulevard will be retained. The Planning Commission approved the required variance for the proposed project on March 19, 2015. The Planning Commission Resolution No. 1975 Condition of Approval No. 12, states that "the applicant shall coordinate with Community Development and Public Works staff to determine if a hammerhead design may be incorporated into the driveway to allow vehicles exiting the residence to enter Ocean Boulevard in a forward direction. If determined to be feasible by City staff, the hammerhead design shall be incorporated into the driveway." Staff has worked extensively with the applicant to incorporate the hammerhead design to the Ocean Boulevard driveway. The hammerhead design requires relocation of the existing driveway, new retaining walls and guard rails along the driveway. The owners are requesting approval to relocate the driveway on Ocean Boulevard, pursuant to City Council Policy L-2, Driveways, which requires City Council approval for driveways along Ocean Boulevard. The owners are also requesting a waiver of City Council Policy L-6, Private Encroachments in Public Right -of -Way, in order to install retaining walls and guard rails exceeding 36 inches in height, private landscaping, private irrigation, drainage improvements and appurtenances within the Ocean Boulevard right-of-way. The maximum height of the encroachments along Ocean Boulevard is approximately 11.85 feet, including an 8.35 -foot retaining wall and a 3.5 - foot guard rail. Guard rails are required in locations where there is a 30 -inch or more drop off. These private encroachments will encroach up to 32 feet into the Ocean Boulevard right-of-way. The Ocean Boulevard right-of-way adjacent to the project varies from approximately 85 feet to 90 feet wide in this area, which is unusually wide. On this portion of Ocean Boulevard, the right-of-way is above the private property. There is an elevation change of approximately 9 feet from the existing sidewalk and the property line. City Council Policy L-2, Driveways, General, Section F, requires that City Council review and approve driveways along Ocean Boulevard. The project proposes to relocate an existing driveway southerly along Ocean Boulevard. City Council Policy L-6, Private Encroachments in Public Right -of -Way, Section A, prohibits structural encroachments including fences, walls, patios, raised planters, etc., which encroach in excess of 1 -foot into the public right-of-way. Currently, there are existing sidewalks on Ocean Boulevard and there are no City - owned utilities that will be impacted by the proposed private encroachments. These 10-2 Request to Relocate a Driveway and Install Private Improvements within the Public Right -of -Way at 2723 Ocean Boulevard (N2015-0365) November 24, 2015 Page 3 proposed private improvements will not diminish the rights of the public, present and future. Should the City Council elect to approve the installation of said private improvements and appurtenances, staff recommends that the City council require the property owner to enter into an encroachment agreement with the City. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A - Area Map Attachment B - Proposed Plan Attachment C - Site Photos Attachment D - City Council Policy L-2, Driveways Attachment E - Council Policy L-6, Private Encroachments in Public Rights -of -Way Attachment F - Planning Commission Resolution 1975 10-3 ATTACHMENT A CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AREA MAP N2015-0364 NOV. 24, 2015 10-4 a U) = cn aha• to yy yygyg }Yj1y �'' Ga U j8 '[ppt ��x� Y �� a UQ 6 � `i6FFf8ey g�g`japgtg9��q(gjEg�plpiPi �Ie2Y�Y�[ae�Yi3�6L� > p e co SZ9Z6 • eluJ04IIe0 . aeW 190 euoao0 'PAIS ue9:)0 £ZLZ aouapisab Wea6uI 10 N al cn � 'G �'' Ga U o� Y ,'aE E e y > p e co CA ua u cn �m 0 cd d .camcJ3 m yo, N Y C 10 Lb N cn C Y � C � 3 n T m a y �1 4 ito '� u f9 u m a ai 1 CIL Yn 4 Q f a N SZ9Z6 • eluJ04IIe0 . aeW 190 euoao0 'PAIS ue9:)0 £ZLZ aouapisab Wea6uI 10 N al m N � 'G �'' Ga U `m O1 8 ,'aE W46In iE v2 > 3v co CA J3 cn �m .camcJ3 m yo, W Z t" Lb xN N O� W .o ATTACHMENT B PROJECT PLANS 10-5 Jill �1 10-5 woKun£ 1z, ru. s7sz 12 NV'1d NOIIVD013U AVM3AIU(I 3-1 PHI Ike HOW M 06 6 666 ANY WS, fit f" E) ................ ............. ...... 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Oil 11 61 W ��4���ik �H� k O ��55 �� ��E��i2E §6Q ?I�mn Rol p M W gill 10 M CP 11 hill! 11 11,1 Vi moo e _ d � � W L I�� �� a ° �aJJim I ��a � �e�� 1111111 � �gg W� ��k� W �p taxa d�ag�� IJ k ae a a S, Q a W gi g 60111111" Wa �Wgi£ a it k �� -�a g afell pto €$aZ € 1 k k:.e ll � k � ��a�� a .g� a�Pul � akg°�e all! milli i N 1El > IUa�ge��3gS8tW�ea. a y�E MINE �€ 'lull 11 5IV, I BQp 11, 3d ATTACHMENT C SITE PHOTOS �w4 10-6 r 4 or J r--PWFI� •'-� ., DRIVEWAY APPROACHES GENERAL ATTACHMENT D L-2 A. A permit will be required prior to any driveway construction within the street right-of-way. All construction shall conform with the Standard Plans and Specifications of the City of Newport Beach. Brick, textured concrete or flat stone surfacing may be used subject to Public Works Department approval. Such brick, textured concrete or flat stone surfacing may not be used on Bayside Drive. B. The number of driveway openings shall be kept to a minimum so as to preserve on -street parking and to reduce the points of traffic conflict. C. The term "Curb Opening" shall mean the total width of the approach including the slope distances on the curb. The term "Approach Bottom" shall mean the total width of the approach less the slope distances on the curbs. D. Curb openings shall not be constructed closer than 5 feet to the beginning of the curvature of a curb return, fire hydrant, traffic signal/ pedestrian street light, utility pole/anchor/pedestal, trees or vent pipe, unless approved by the Public Works Department. E. The entire curb opening shall be within the prolongation of the property lines except when cross easements provide for a common driveway along the mutual property line. F. No permit shall be issued for driveways on Clubhouse Drive, Glen Drive, Balboa Island or on the ocean side of Ocean Boulevard without City Council approval. No curb openings will be permitted on Ocean Boulevard when access is available from an existing alley, street or improved private roadway. G. No permit shall be issued if the driveway construction requires the removal of a street tree until such removal has been approved by the General Services Director. H. No permit shall be issued if the driveway encroaches on a crosswalk area. 1. No permit shall be issued if the driveway construction requires the relocation of any public facility such as fire hydrants utility pole/anchor/pedestal, tree, vault, vent pipes, or street lights until approved by the Public Works Department and a 1 I Lr2 deposit has been made to cover the cost of relocation. Property owner shall pay all costs for the relocation of any public facilities. J. No permit shall be issued unless the applicant agrees that at no cost to the City he will remove any driveway opening that is or will be abandoned, and reconstruct curb, gutter and sidewalk (if applicable) to City Standards. K. Where practical, difficulties or hardships may result from the strict application of this policy, minor dimensional variances may be granted with written approval of the Public Works Director. L. Nothing herein shall be construed as preventing any person from appealing to the City Council for relief from the applications of this policy. M. No building permit shall be issued on a parcel whose access requires City Council review for an encroachment permit on public property, until said encroachment permit has been issued. RESIDENTIAL ZONES AND RESIDENTIAL USES - SPECIAL REQUIREMENTS A. The width of the driveway approach bottom shall not exceed 20 feet except when the driveway is to serve an enclosed three or four car garage, in which case the driveway approach bottom may be increased to 25 feet or 32 feet, respectively. B. One additional curb opening will be permitted to a single parcel subject to the following conditions: 1. The total width for all openings shall not exceed 50% of the total frontage of the parcel. 2. The openings shall be separated by at least 20 feet to retain maximum street parking. 2 10-9 L-2 C. Street curb openings shall not be permitted to residential property which abuts an alley. An exception may be made in the case of corner lots where the street on which the curb cut is proposed is not an arterial street and street frontage is available for the full depth of the lot, subject to the following conditions: 1. Access from the street will be permitted where existing structures prevent full alley access, or additional covered off-street parking is being provided. 2. The width of the curb opening shall be limited to one-half of the lot depth. 3. In the case of duplexes, condominiums and condominium conversions, an additional driveway curb cut shall be permitted if the units are separated by a continuous vertical plane, from the ground to the rooftop, with one common wall and/or physically separated by open space. The resultant building product shall have the appearance of two distinct and separate units with a rear unit that has vehicle access from the alley and the front unit with vehicle access from the side street. No overlapping of between the front unit and rear unit floorplans shall be permitted. D. Driveway grades must not exceed the listed applicable maximum slope depending on application. Driveways to lowered or subterranean parking must rise above the flood level or a minimum of six inches above the flow line of the street or alley, whichever is greater, before transitioning to a downward slope. Slope transitions shall be a minimum of five feet in length and the change of slope cannot exceed eleven percent. Driveways providing only parkin access ccess - Fifteen- percent maximum slope. Must have access directly from garage into residence. Driveways providing vehicle and pedestrian. access - Eight- percent maximum slope. Driveways providing required parking spaces on the driveway itself - Five - percent maximum slope. Minor variations from the listed maximum slopes and slope changes may be granted by the Traffic Engineer when unusual site conditions are encountered. 3 10-10 L-2 PRIVATE STREETS - SPECIAL REQUIREMENTS A. A grading permit will be required prior to the construction of any driveway apron, sidewalk, curb, gutter or wall within the private street rights-of-way. The design parameters shall be in accordance with the City of Newport Beach Design Criteria and Standards for Public Works Construction. Also, the Public Works Department shall perform a brief review of plans prior to permit issuance. B. A Public Works encroachment permit will be required if improvements are to be constructed within 5 feet of a fire hydrant, street light or other public utility system appurtenance (i.e., valve boxes or manholes). C. A Public Works encroachment permit will be required when connecting to or relocating public utilities. COMMERCIAL USES A. The width of the driveway approach bottom shall not exceed 35 feet. B. The total width of all driveways shall not exceed 50% of the frontage of the parcel. C. Commercial driveway approaches may use a curb return design with a maximum curb radius of 25 feet and a driveway approach bottom of greater than 35 feet if the following conditions are satisfied: 1. The driveway serves as an entrance to a parking area or structure for 200 or more vehicles. 2. The number of driveways serving the parcel are at a minimum. D. The curb return commercial driveway approach may incorporate a divided exit and entrance if the separation structure (median island) is continued on-site in such a manner as to provide proper traffic design. 4 10-11 L-2 CLOSURE OF ABANDONED DRIVEWAY APPROACHES BY CITY The City may close abandoned driveway approaches at high priority locations where two or more of the following criteria may exist: A. The abandoned driveway approach is adjacent to a parcel of property where redevelopment and possible subsequent closure of the approach is not believed imminent; B. The driveway approach is at a location where there is a shortage of available on -street parking; C. The removal of the driveway approach is needed for safe pedestrian and/or bicycle passage; D. The closure of the abandoned driveway approach benefits not so much to the property owner as pedestrian and vehicular traffic in the area. When in the opinion of the General Services Department and/or the Public Works Department, a curb cut or abandoned driveway approach should be closed, and the adjoining property owner protests the closing, the protester shall be notified that he will have two weeks to appeal the staff decision to the City Council. That appeal must be in writing and may be filed through the mail. If an appeal is not made, the City shall proceed with the closure. If an appeal is made, a hearing shall be held by the City Council, and the decision of the Council shall be final. Nothing in this section shall be construed as relieving adjoining property owners from the responsibility for closure of abandoned curb cuts as a condition of permit approval for new construction or for obtaining a curb cut permit for an alternative driveway location on the same parcel. Adopted - January 24,1966 Amended - February 26,1968 Amended - July 24,1972 Amended - November 14,1977 Amended - October 25,1982 Amended - July 1.3,1987 Amended - November 27,1989 Amended - December 14,1992 Reaffirmed - January 24,1994 Amended - February 26,1996 Amended - May 8, 2001 Amended - October 10, 2006 67 10-12 ATTACHMENT E w. PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS-OF-WAY It is the general policy of the City that the public rights-of-way are to be reserved for public use or open space; and that the rights of the public, present and future, are not to be diminished by the installation of private improvements within the public rights-of- way. Categories of private encroachments and improvements are listed below, together with the permit requirement for each category. A. Private encroachments prohibited. 1. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, patios, raised planters, etc., which encroach in excess of 1 foot into the public right-of-way, or exceed 3 feet in height, measured from the top of curb elevation/ or from sidewalk elevation where sidewalk exists. 2. Driveway approaches not conforming to Council Policy L-2. 3. Ocean front street end, or Bay front street end improvements not conforming to Council Policy L-8. 4. Ocean front alley end improvements not conforming to Council Policy L-8. 5. Modifications to original design concepts approved by the City. 6. Private signs except as provided for in the Building Code. 7. Lighting. 8. Parkway surfacing of loose rock, gravel, or any surfacing other than standard or colored/ textured concrete or flat stone/brick/pavers installed at grade. 9. Private dwellings and appendages including raised patios and decks, except as provided for in this section and the Building Code. 10. Pay telephones and private mail carriers drop boxes. 1 10-13 I1rel B. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department and Municipal Operations Department approval. 1. Tree planting and removal. 2. Shrub planting and removal. 3. Median landscaping. If, in the opinion of the Municipal Operations Department, the approved planting is not being maintained for view and safety clearance, Chapter 10.50, "Public Nuisance Abatement," of the Municipal Code shall be used to remove offending plant material. The permit applicant shall reimburse the City of Newport Beach for the value of any City tree removed by this process. This value will be determined by the City Arborist using the International Society of Arboriculture's "Guide for Plant Appraisal." C. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department. 1. Drive approaches conforming to Council Policy L-2. 2. Standard sidewalks. 3. Carriage walks. 4. Parkway surfacing (standard or colored/ textured concrete or flat stone/brick) installed at grade (subject to Municipal Operations Department review for tree well location). 5. CATV and public utility facilities. 6. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, patios, raised planters, etc., which encroach 1 foot or less into the public right-of-way. If, however, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Council review is warranted, the Department may forward the item to the Council for action. 2 10-14 �el 7. Mailboxes, when required by the U.S. Postal Service. The front of mailbox shall be aligned in the same vertical plane as the back of the curb. Mailbox base construction length shall not exceed the length of the mailbox, or 24 inches, whichever is less. 8. The placement of utility pedestals shall be at the back of sidewalks on arterials and major pedestrian thoroughfares without zero setbacks. There shall be at least 4 feet of clear sidewalk width and/or pedestals shall be placed in the parkway outside of walk area. 9. When connecting to or relocating public utilities. 10. Artificial Turf up to 100% of the required parkway landscape area. Artificial turf grass shall be installed in accordance to manufactures recommendations. Material must be securely anchored and maintained so as to eliminate disrepair, fading, tearing, wrinkling and or edge curling or any other type of material performance. Material shall be replaced prior to the aforementioned conditions occur. Prohibited application: Indoor and outdoor carpet, green in color or otherwise. The Director of Public Works shall from time to time update the standards for this application. See Artificial Turf - Material and Installation Standards. D. Private encroachments requiring an Encroachment Permit from the Public Works Department and subject to the execution of an agreement for non-standard improvements. 1. Structural encroachments not otherwise listed which do not exceed 3 feet in height measured from the top of curb elevation/ or from sidewalk elevation where sidewalk exists, including, but not limited to fences, walls, and raised planters in public rights-of-way in areas that are more than 8 feet behind the face of curbs on the following streets: a. Santa Ana Avenue from Cliff Drive to Fifteenth Street. 2. Permitted Structural Encroachments on Balboa Island along South Bay Front, North Bay Front, Grand Canal, and East Bayfront are as follows: a. Planters that do not exceed 1 foot in height located within 2'-6" of the back of existing sidewalk, planted with ground cover and 3 10-15 �el shrubs not to exceed 2 feet in height measured from sidewalk elevation; b. Fences with a minimum setback of 2'-6" from back of sidewalk. i. For patios constructed at grade elevation to 1' above sidewalk grade elevation, Fences may be 3' high above sidewalk grade. ii. For patios constructed greater than 1' above sidewalk grade elevation, Fences must be set back a minimum of 3' from back of sidewalk, not exceed 2'-6" in height above the patio, have at least 40% visibility through them, and not to exceed 4' in height above existing public sidewalk grade. C. Patios with a minimum setback of 2'-6" from the back of sidewalk. i. Raised Patios are permitted provided they have a maximum height of 2'-6" above sidewalk grade, are set back a minimum of 2'-6" from back of sidewalk, and provided all bulkhead deadman and tiebacks supporting the Bay front bulkhead are replaced "If required by the Public Works Department" in conformance with the requirements of the Public Works Department; Stairs located a minimum of 2'-6" from back of sidewalk. 3. Structural encroachments not otherwise listed which do not exceed three (3) feet in height, including, but not limited to fences, walls, patios and raised planters in public rights -of -ways in areas that are five (5) feet behind the face of curb on the following streets: a. Southerly side of West Bay Avenue between 8th Street and 15th Street. 4. Non-standard encroachments, including, but not limited to fences, walls, and raised planters within City easements. If, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Council review is warranted, the Department may forward the application to the City Council for original action. 4 10-16 I1rel The City Manager is authorized to execute, on behalf of the City, agreements for non- standard improvements which are entered into pursuant to this section or other authorization. E. Private encroachments not requiring a permit: 1. Parkway lawn and ground cover. 2. Parkway sprinkling systems. 3. Use of public streets and projections over public property which are covered by the California Building Code or California Residential Code under a valid building permit issued by the City. F. Application for any permit as required by this policy shall be filed with the Public Works Department on a form to be provided by the City and shall show the proposed planting or work and the nature thereof. If the application is for a permit required under Section A, it shall be forwarded to the City Clerk for submission to the City Council. If the application is for a permit under Section B, it shall be processed by the Municipal Operations Department. Drawings for encroachment permits requiring City Council review shall be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed encroachments. No building permit shall be issued on a parcel whose access requires City Council review for an encroachment permit on public property, until said encroachment permit has been issued. G. Variances from the strict application of this policy shall not be granted unless individual circumstances indicate that approval will be consistent with the public interest. Adopted - August 25,1969 Amended - August 14,1989 Amended - February 14,1972 Amended - November 27,1989 Amended - August 11, 1975 Amended - December 9,1991 Amended - February 9,1981 Amended - December 14,1992 Amended - November 23,1981 Amended - July 12,1993 Amended - October 27,1986 Amended - January 24,1994 Amended - January 26,1987 Amended - May 9,1994 Amended - July 13,1987 Amended - February 27,1995 Amended - February 13,1989 Amended - February 26,1996 5 10-17 Lw: Amended - May 8, 2001 Amended - January 27, 2015 10-18 ATTACHMENT F RESOLUTION NO. 1975 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. VA2014-005 FOR AN ADDITION TO A SINGLE -UNIT RESIDENCE THAT WOULD ENCROACH INTO THE REQUIRED FRONT AND REAR SETBACKS AND EXCEED THE HEIGHT LIMIT FOR PROPERTY LOCATED AT 2723 OCEAN BOULEVARD (PA2014-131) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Scott Schaffer of C. J. Light Associates, with respect to property located at 2723 Ocean Boulevard, and legally described as a Portion of Lot 33, Corona del Mar Tract, requesting approval of a variance. 2. The applicant's request includes a variance application for an addition and remodel of an existing single -unit residence allowing: 1) a new, two -car garage to encroach 10 feet into a required 10 -foot rear setback along Way Lane; 2) an addition and light well to encroach 10 feet into the required 10 -foot front setback along Ocean Boulevard; and 3) an addition at the rear of the residence that would exceed the 24 -foot height limit from grade by approximately 19 feet. Construction will not exceed the top of curb height from Ocean Boulevard. The existing house and garage total 3,492 square feet in gross floor area. The proposed addition is 2,698 square feet for a total of 6,190 square feet. 3. The subject property is located within the Single -Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD -B). 5. A public hearing was held on March 19, 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. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301 and Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) 10-19 Planning Commission Resolution No. 1975 Paae 2 of 8 under Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures). 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. Class 3 exempts the construction of limited numbers of new, small structures, including one single-family residence. The proposed project is an addition to an existing single-family residence located within the Single -Unit Residential Zoning District. SECTION 3, 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 subject property is approximately 7,340 square feet in area. A City right-of-way is located between the eastern property line and Ocean Boulevard curb line that varies in width between 35 feet and 45 feet. The depth of the lot varies between 75 and 85 feet. The property slopes down from Ocean Boulevard to Way Lane with a grade change of approximately 60 feet. The buildable area of the lot is constrained by the steep sloping topography of the site. The development on the site is also constrained by the Ocean Boulevard curb height limit, which further limits the location and height of structures on site. The location of the proposed garage within the rear setback would reduce excavation of the coastal bluff that would be required to construct the garage behind the 10 -foot rear setback line. 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 exception to the height limit and setback encroachments are necessary to allow a house to be built close to the maximum floor area limit of 1.5 times the buildable area of the lot. The buildable area of the subject property is 4,553.6 square feet, the maximum floor area is 6,830.4 square feet, and the proposed total floor area is approximately 6,190 square feet. The site constraints create challenges to designing a house of comparable 07-22-2044 10-20 Planning Commission Resolution No. 1975 Paae 3 of 8 size to other properties in the area without encroaching into setbacks and exceeding the height limit. 2. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights, as the proposed addition is of comparable size and height to other buildings on the bluff side of Ocean Boulevard. 3. Due to topographical constraints located on the bluff side of Ocean Boulevard, several other properties have access from Way Lane and have garages which encroach into the rear setbacks, and the proposed encroachment into the rear setback is consistent with the setbacks maintained by structures on adjacent properties. Several other nearby properties have encroachments into the side setbacks and front setback at Ocean Boulevard. 4. Alley access is typical in Corona del Mar and most properties in the area have a 5 -foot rear alley setback requirement, depending on the alley width. Way Lane essentially functions as an alley for the subject property, and if it were an alley, the Zoning Code would allow for no rear setback because Way Lane is 20 feet wide. Finding: C. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Findinq: 1. The granting of the Variance is necessary for the preservation and enjoyment of substantial property rights, as the proposed project allows for development on the constrained site. The Variance allows the property owner to construct a dwelling that meets their needs, is close to the maximum floor area limit for the site, and provides the code -required parking. 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. The Variance does not constitute a grant of a special privilege as it allows the property owner to develop a residence that is comparable to and compatible with other lots in the vicinity that are identically zoned. The proposed encroachments into the required setbacks and proposed height -limit exception do not result in a special privilege as the Variance allows the property owner to construct a dwelling that meets their needs while limiting setback encroachments and alteration of the coastal bluff. The proposed addition is of comparable height and maintains similar setbacks as compared to other buildings on the bluff side of Ocean Boulevard. 07-22-2014 10-21 Planning Commission Resolution No. 1975 Page 4 of 8 2. See statements B-3 and B-4 in support of this finding. 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 proposed encroachment will not affect the flow of light or air to adjoining residential properties as adequate separation is provided and no additional above grade encroachments are proposed into the side setbacks. 2. The design of the structure includes adequate articulation, modulation, open volume consistent with the requirements of the Zoning Code, and privacy for the abutting properties. 3. Way Lane functions similar to an alley and is 20 feet in width, providing sufficient turning area for vehicles to utilize the proposed garage and for other vehicles to pass. 4. The proposed addition would exceed the height limit by approximately 19 feet and the highest portion of the addition would match the height of the existing structure. The over - height portion of the addition would not project any further towards the rear of the lot than the existing structure; therefore, the addition would not further impede views through the lot from abutting properties. 5. The granting of the Variance will not adversely impact public views from Ocean Boulevard because the proposed addition is below the top of curb height restriction and the front setback encroachment will not be visible from the street as they would be below grade with the finished floor at approximately 20 feet below the adjacent curb elevation. 6. The existing garage setback encroachments have not proven detrimental. 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 Zoning Code provides the flexibility in application of land use and development regulations through the Variance review process. The Variance procedure is intended to resolve practical physical hardships resulting from the unique topography and lot configurations that exist in the City and on this property. Due to the topography of the lot, location and design of the existing structure, top of curb height limit, height and design of 07-22-2014 10-22 Planning Commission Resolution No. 1975 Paqe 5 of 8 buildings on neighboring properties, lack of negative impact to public and private views, and limited area that is feasible to develop on, the height limit exception and setback encroachments can be approved by the Planning Commission through the Variance request. 2. The subject property is designated for single -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. 3. Setbacks required by the Zoning Code 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 landscaping and recreation, protection of natural resources, and safety from fire and geologic hazards. The variance maintains appropriate setbacks for the property consistent with the existing development pattern along Way Lane. 4. The driveway at the Ocean Boulevard right-of-way is existing; therefore, the retention of the garage and driveway is consistent with General Plan Policies CE 7.1.11 and CE 7.1.12. 5. The subject property is not located within a specific plan area. 07-22-2014 10-23 Planning Commission Resolution No. 1975 Paae6of8 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2014-005 as modified, 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 fourteen (14) days following the date this Resolution is 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 19T" DAY OF MARCH, 2015. AYES: Koetting, Kramer, Lawler, and Myers NOES: Hillgren and Tucker ABSTAIN: None ABSENT: Brown BY: ;)J Larry Tucker, Chair 07-22-2014 10-24 Planning Commission Resolution No. 1975 Paqe 7 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval, 3. 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. 4. 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. 5. The project shall not exceed the top of curb height pursuant to Zoning Code Section 20.30.060(B4). 6, City Council review and approval shall be required for the non-standard improvements (i.e., retaining walls, railings, stairs, etc.) within the Ocean Boulevard public right-of- way if the proposed improvements are not consistent with City Council Policy L-6. If approved by City Council, the property owner shall be required to obtain an encroachment permit for construction of the non-standard improvements and obtain an Encroachment Agreement for non-standard improvements. 7. 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. 8. 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. 9. 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 current business owner, property owner or the leasing agent. 10. 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. 07-22-2014 10-25 Planning Commission Resolution No. 1975 Page8of8 11. 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 Ingram Variance including, but not limited to, Variance No. VA2014-005. 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. 12. The applicant shall coordinate with Community Development and Public Works staff to determine if a hammerhead design may be incorporated into the driveway to allow vehicles exiting the residence to enter Ocean Boulevard in a forward direction. If determined to be feasible by City staff, the hammerhead design shall be incorporated into the driveway. 07-22-2014 10-26