HomeMy WebLinkAbout2075 - CDP FOR DEMOLITION AND CONSTRUCTION OF NEW SFR & VARIANCE REQUEST TO ALLOW SETBACK ENCROACHMENTS, FLOOR AREA & BUILDING HEIGHT INCREASE11 *101tv 11091L, 111011KIM
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING VARIANCE
NO. VA2016-005 AND COASTAL DEVELOPMENT PERMIT NO.
CD2017-080 TO ALLOW THE CONSTRUCTION OF A NEW
SINGLE-FAMILY RESIDENCE, FOR PROPERTY LOCATED AT
2607 OCEAN BOULEVARD (PA2016-170)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Nicholson Construction on behalf of the Ginsberg Family Trust
("Applicant"), with respect to property located at 2607 Ocean Boulevard, in the City of
Newport Beach, and legally described as a portion of Block 0-32 of Corona Del Mar, in the
City of Newport Beach, County of Orange, State of California, as per map recorded in
Book 3, Pages 41 and 42 of Miscellaneous Maps, in the Office of the County Recorder of
said county ("Property"), requesting approval of a coastal development permit and a
variance.
2. The Applicant requests a coastal development permit to allow the construction of a new
4,178 square -foot, single-family residence and a 629 square -foot, three -car garage, for a
total 4,807 square feet ("Development") and a variance to allow the Development to:
a. Exceed the maximum floor area;
b. Encroach 10 feet into the 10 -foot rear yard setback along Way Lane; and
C. Encroach 7 feet into the 10 -foot front yard setback along Ocean Boulevard.
3. The Property is designated Single -Unit Residential Detached (RS -D) by the General Plan
Land Use Element and is located within the Single -Unit Residential (R-1) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Single -Unit Residential Detached — 6.0-9.9 DU/AC (RSD -B) and the Coastal Zoning
District is Single -Unit Residential (R-11).
5. Public hearings were held on November 9, 2017 and December 7, 2017, in the Council
Chambers at 100 Civic Center Drive, Newport Beach in the Corona del Mar Conference
Room (Bay E-1 st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place
and purpose of the public hearings was given in accordance with the Newport Beach
Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at these public hearings. I
6. At the December 7, 2017, public hearing meeting, the Planning Commission approved a
reduced Development of 4,500 square feet in size inclusive of the required parking area
and requested setback encroachments.
Planning Commission Resolution No. 2075
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The project is exempt from the California Environmental Quality Act ("CEQA") pursuant to
Section 15303 under Class 3 of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential to have a significant effect on the
environment.
2. Class 3 exempts the construction of limited numbers of new, small structures, including
one single-family residence. The proposed project is a new single-family residence
located within the R-1 (Single -Unit Residential) Zoning District.
SECTION 3. REQUIRED FINDINGS.
Variance
In accordance with NBMC Section 20.52.090(F) (Variances — Findings and Decision), the
following findings and facts in support of such findings are set forth:
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
The Property is approximately 4,257 square feet in area and slopes from Ocean
Boulevard down to Way Lane with approximately a 35 -foot grade difference.
2. The Property is shallow with a lot depth ranging from 35 to 53 feet. The lot is also 110
feet wide.
3. The limited lot depth after applying the 10 -foot front and rear setbacks results in a
sloping building pad that would be 15 to 33 feet deep. The standard front and rear
setbacks comprise approximately 51 percent of the total lot area.
4. The lot is disproportionately shallow relative to its width resulting in a long and narrow
building envelope. The long narrow portion of the lot would allow a maximum building
area only 15 feet in width and represents over 65 percent of the total area of the lot.
5. The unusual lot shape and topography of this lot do not generally apply to other
properties in the vicinity under the same R-1 zoning classification.
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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:
The strict application of development standards including setbacks and floor area limit,
to this constrained lot result in a buildable area of 1,910 square feet and new residence
of approximately 2,865 square feet in size. This is significantly diminished compared to
other properties in the vicinity and same zone that have an average of 4,200 to 4,500
square feet in size.
2. The condition of the Property directly impacts the allowable floor area for the lot, and
the ability to comply with setback requirements. The site constraints create challenges
to design a residence of comparable size and position to other properties along Way
Lane without providing relief from these code standards.
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::
Without granting the variance request, the Property owner could only build 2,865
square -foot residence that is substantially smaller than what could be constructed on a
typical rectangular R-1 lot in Corona del Mar.
2. When comparing the subject lot with other Way Lane bluff lots that are in the same zone,
the other lots can accommodate larger homes with floor areas well above 5,000 square
feet on average.
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.
Fact in Support of Finding_
Approval of the variance request allows the Property owner to develop a 4,500 square -
foot residence that is comparable in size and setback yard encroachments with other
lots along Way Lane that are identically zoned.
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Planning Commission Resolution No. 2075
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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:
The proposed residence will not adversely impact public views from Ocean Boulevard
because it complies with the top of curb height restriction and would not interfere with
neighborhood compatibility, private views, and privacy with the neighboring and abutting
properties.
2. The proposed setbacks will not affect the flow of light or air to adjoining residential
properties as adequate separation is provided since there are no adjacent properties
along the property lines for which the encroachments are requested.
3. The existing garage setback encroachments have not proven detrimental and the new
residence would improve the existing encroachments by removing any encroachments
into Way Lane. The City's Traffic Engineer has reviewed and approved the proposed
design including the proposed encroachments within the Way Lane setback and garage
locations and access to Way Lane. Vehicular access to the project can be
accommodated as proposed and it would not pose an undue hazard to access along
Way Lane.
4. The new residence has been designed with articulation and modulation so it will not
impact privacy for the abutting properties beyond that of the existing residence because
the design complies with the setback along the east Property line where there is an
abutting residence and the primary common living spaces are oriented toward the west
of the Property where no residence is located.
5. The granting of the variance will not adversely impact public views from Ocean
Boulevard because the proposed structure complies with the top of curb height
restriction and the base height limit for structures within the R-1 Zoning District of 24
feet for a flat roof and 29 feet for a sloped roof.
6. To minimize disruption caused by demolition and construction to the nearby residents,
the applicant has submitted a construction management plan that has been reviewed
and approved by the City's Public Works Department thereby ensuring no impact to
public access in the vicinity and to maintain street/emergency access during
construction.
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.
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Facts in Support of Finding:
Granting the variance request 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;
and will not adversely impact the designated public views from Ocean Boulevard as it
adheres to the top -of -curb height restrictions and complies with the base height limit for
structures within the R-1 Zoning District of 24 feet for a flat roof and 29 feet for a sloped
roof.
2. The proposed variance request provides similar setbacks for the property consistent
with the existing development pattern along Way Lane that presently encroaches within
setbacks.
3. Due to the site topography, narrow shape of the Property and top of curb height limit,
the requested setback encroachments and buildable area for development based on
the proposed setbacks to yield a comparable floor area are appropriate for the Property.
4. The Property is not located within a specific plan area.
Coastal Development Permit
In accordance with NBMC Section 21.52.015 (F) (Coastal Development Permits - Findings and
Decision), the following findings and facts in support of such findings as set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
The proposed design, bulk, and scale of the Development is consistent with the existing
single-family neighborhood pattern of development and expected future development.
2. The Property is located in an area known for the potential of seismic activity and
liquefaction and is required to comply with the California Building Code ("CBC") and
City's Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance
of building permits. Permit issuance is also contingent on the inclusion of design
mitigation identified in the investigations. Construction plans are reviewed for
compliance with approved investigations and CBC prior to building permit issuance.
3. Pursuant to NBMC Section 21.35.050, due to the Development containing more than
75 percent of impervious surface area and hillside development on a slope greater than
15 percent, a Water Quality and Hydrology Plan ("WQHP") is required. The WQHP has
been reviewed and approved by the City's Building Division.
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Planning Commission Resolution No. 2075
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4. With the granting of the requested variance, the proposed Development complies with
applicable residential development standards including, but not limited to, floor area
limitation, setbacks, height, and parking.
a. The maximum floor area limitation granted by the variance is 4,500 square feet
and the proposed floor area is 4,500 square feet.
b. The proposed Development complies with the required setbacks, as approved by
this variance, which are 3 feet along front setback on Ocean Boulevard; 0 feet
along rear property line on Way Lane; and 4 feet along the west and east Property
lines.
c. The entire proposed Development is below the curb line of Ocean Boulevard, as
required for development on the Bluff side of Ocean Boulevard and in compliance
with the base height limit for structures within the R-1 Zoning District of 24 feet for
a flat roof and 29 feet for a sloped roof.
d. The proposed Development is required to comply with the required on-site parking
based on the proposed livable floor area of the new residence.
e. A minimum of 287 square feet of open volume area is required, based on the code
required buildable area of 1,910 square feet and the proposed residence includes
343 square feet of open volume area.
5. Proposed landscaping complies with NBMC Section 21.30.075 (Landscaping). A
condition of approval is included that requires drought tolerant and prohibits invasive
species. Prior to issuance of building permits, the final landscape plans will be reviewed
to verify invasive species are not planted.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone.
Fact in Support of Finding:
1 The existing residential lot does not currently provide nor inhibit public coastal access.
The Property is more than 200 feet from the nearest public beach and the proposed
Development will remain a residential lot. The Development will not impact public
access to local coastal resources and is not located between the sea or shoreline and
the nearest public road.
2. The new residence would be constructed at a height below the adjacent curb line of
Ocean Boulevard, as required by Code, thereby protecting any views from this public
road and maintaining visual access to this coastal resource. Since there are no
pedestrian access ways on the Bluff side of Ocean Boulevard, visual access would be
MORON
Planning Commission Resolution No. 2075
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preserved for vehicular access. Pedestrian visual access on the land side of Ocean
Boulevard would not be affected.
The Planning Commission of the City of Newport Beach hereby approves Variance No.
VA2016-005 and Coastal Development Permit No. CD2017-080, subject to the conditions
set forth in Exhibit A, which is attached hereto and incorporated by reference.
2. The Variance 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.
3. The Coastal Development Permit action shall become final and effective 14 days following
the date this resolution was adopted unless within such time an appeal or call for review is
filed with the Community Development Director in accordance with the provisions of Title
21 Local Coastal Implementation Plan of the Newport Beach Municipal Code. Final action
taken by the City may be appealed to the Coastal Commission in compliance with NBMC
Section 21.64.035 and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 7th DAY OF DECEMBER 2017.
AYES: Dunlap, Kleiman, Koetting, Kramer
NOES: Lowrey, Weigand
ABSENT: Zak
AN
Chairman
I �AJ6�
BY: 4LD
Erik Weigand, cretary
11-09-17
Planning Commission Resolution No. 2075
Page 8 of 11
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
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 Coastal
Development Permit.
4. The project shall not exceed the top of curb height pursuant to Zoning Code Section
20.30.060(B)(4) and shall comply with the base height limit for structures within the R-1
Zoning District of 24 feet for a flat roof and 29 feet for a sloped roof.
5. The project shall be limited to a total of 4,500 square -foot, single-family residence
inclusive of the required parking area.
6. The vertical screen wall at the deck level shall be 42 inches maximum in height and made
of a clear material. The final design and height of screen wall shall be reviewed and
approved by the Planning Division.
7. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the City's Building Division and field sets of plans prior to issuance of
the building permits.
8. Prior to the issuance of a buildingpermit, the Applicant shall submit a final landscape
and irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought tolerant plantings and water efficient irrigation practices, and the
plans shall be approved by the City's Planning Division.
9. 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.
Planning Commission Resolution No. 2075
Page 9 of 11
10. 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 City's
Planning Division.
11. Prior to the issuance of a building permit, the Applicant shall submit to the City's
Planning Division an additional copy of the approved architectural plans for inclusion in
the application 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 Coastal Development
Permit application.
12. Prior to the issuance of a building permit, the approved Construction Pollution
Prevention Plan ("CPPP") and Water Quality and Hydrology Plan ("WQMP") shall be
submitted with the Building Permit plans. Implementation shall be in compliance with
the approved CPPP and WQMP and any changes could require separate review and
approval by the City's Building Division.
13. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
14. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stock piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
15. Best Management Practices ("BMPs") and Good Housekeeping Practices ("GHPs")
shall be implemented prior to and throughout the duration of construction activity as
designated in the CPPP.
16. Trash and debris shall be disposed in proper trash and recycling receptacles at the end
of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
17. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, wetland or their
buffers.
18. 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.
19. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours
of noise -generating construction activities that produce noise to between the hours of
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Planning Commission Resolution No. 2075
Page 10 of 11
7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on
Saturday. Noise -generating construction activities are not allowed on Sundays or
Holidays.
20. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of NBMC Title 20 Planning and Zoning.
21. 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 Ginsberg Residence including, but not limited to, Variance No.
VA2016-005 and Coastal Development Permit No. CD2017-080. 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.
Public Works Conditions
22. The proposed project shall extend the City sidewalk along Ocean Boulevard from the
existing terminus to the area adjacent to the existing guardrail per City Standard STD -
180 -L.
23. The proposed walkway, stairs, guardrails, retaining walls (to support walkway and
landings only), landing, drain lines and landscaping within the Ocean Boulevard public
right-of-way shall require approval by the City Council. If approved by City Council, an
encroachment agreement between the City and property owner shall be required.
24. All proposed landscaping within the Ocean Boulevard right of way shall be reviewed
and approved by City's Municipal Operations Department, General Services Division
and City's Public Works Department. Proposed landscaping shall be installed and
maintained by the Property owner. Landscaping within the public right-of-way shall be
low -growing ground cover or shrubs limited to 36 -inch high maximum.
25. Reconstruct all damaged concrete sidewalk panels, curb and gutter along the Ocean
Boulevard and Way Lane frontages shall be determined by the City's Public Works
Department.
26. No structural encroachments, including but not limited to, retaining walls (for residence),
caissons, tiebacks shall be permitted within the public right of way.
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27. No staging/storage of materials shall be permitted within the public right-of-way.
28. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way may be
required at the discretion of the City's Public Works Inspector.
29. Prior to the commencement of demolition and gradinq of the project, the Applicant shall
submit a construction management plan to be reviewed and approved by the Public
Works Department and Community Development Department. The plan shall include
discussion of project phasing; parking arrangements for the site during construction;
anticipated haul routes; and construction nuisance mitigation. Construction parking shall
be implemented so that there will be no impact to vehicular or emergency access and
public parking spaces. Traffic control and truck route plans shall be reviewed and
approved by the Public Works Department before their implementation. Large
construction vehicles shall not be permitted to travel narrow streets as determined by
the Public Works Department Disruption caused by construction work along roadways
and by movement of construction vehicles shall be minimized by proper use of traffic
control equipment and flagman. Upon approval of the plan, the Applicant shall be
responsible forimplementing and complying with the provisions set forth in the approved
plan.
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