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HomeMy WebLinkAbout20200123_PC_Staff Report CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT January 23, 2020 Agenda Item No. 3 SUBJECT: 24 Harbor Island Property Line Wall Variance (PA2019-059) ƒ Coastal Development Permit No. CD2019-021 ƒ Variance No. VA2019-004 SITE LOCATION:24 Harbor Island APPLICANT: SoCalLand Co., LLC. OWNER: SoCal Land Co., LLC PLANNER:Chelsea Crager, Associate Planner 949-644-3227, ccrager@newportbeachca.gov PROJECT SUMMARY The applicant requests a coastal development permit to construct a 120-foot long, 6-foot tall block wall along the southeasterly property line. The proposed wall would be located within a side setback area that is regulated as a front setback for the purpose of regulating accessory structures pursuant to Titles 20 (Planning and Zoning) and 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municpal Code (NBMC) because a site-specific setback is identified on Setback Map No. S-8. Fences and walls may not exceed 3 foot 6 inches in height in front setback areas pursuant to NBMC Sections 20.30.040 and 21.30.040 (Fences, Hedges, Walls, and Retaining Walls). The applicant requests approval of a variance to allow the increase in height of the wall. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. PC2020-001 approving Coastal Development Permit No. CD2019-021 and Variance No. VA2019-004 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 24 Harbor Island Property Line Wall Variance (PA2019-059) Planning Commission, January 23, 2020 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Single-Unit Residential Detached (RS-D) Single-Unit Residential (R-1) Single-Unit Residential NORTH RS-D R-1 Single-Unit Residential SOUTH N/A N/A Newport Harbor EAST RS-D R-1 Single-Unit Residential WEST RS-D R-1 Single-Unit Residential 3 24 Harbor Island Property Line Wall Variance (PA2019-059) Planning Commission, January 23, 2020 Page 3 INTRODUCTION Project Setting The site is located on the south side of Harbor Island, a private island located in Newport Harbor and accessible only through a guarded gate and private bridge. Harbor Island is located south of Linda Isle, west of Balboa Island, and north of Bay Island. The project site consists of a single 18,111-square-foot legal lot and is being developed with a two- story, single-family residence that is currently under construction and nearing completion. Harbor Island consists of 30 single-unit residential lots. The island is private and accessible only by a gated bridge with access from Harbor Island Road. Across Newport Harbor, in all directions, are properties developed with single-family residences. Project Description The project request is for a coastal development permit to construct a 120-foot long, 6-foot tall block wall along the southeasterly property line and located within a side setback area that is regulated as a front setback area for the purpose of regulating accessory structures. The proposed wall is along the side property line for 67 lineal feet, encroaching 11.5 feet into the required 11.5-foot setback area. Within the inland 50 feet of the property, the wall encroaches 2.5 feet into the 11.5-foot side setback area to provide a vehicle turnaround area. The location of the proposed wall is shown in Figure 1 below. Figure 1: Portion of provided project plan. The red line indicates the location of the 6-foot wall. The blue shading indicates the area to remain clear as a vehicle turnaround area. The proposed wall is accessory to a single-family residence currently under construction. The residence complies with all required residential development standards, as summarized in Table 1 on the following page. ISLAND INTERIOR4 24 Harbor Island Property Line Wall Variance (PA2019-059) Planning Commission, January 23, 2020 Page 4 Table 1 –Development Standards Development Standard Standard Proposed Setbacks (min.) Front (island interior) 15 feet 0 feet Front (water) 15 feet 15 feet Side (west) 4 feet 5 feet Side (east) 11.5 feet 14.5 feet Allowable Floor Area (max.)21,280 square feet 9,758 square feet Allowable 3rd Floor Area (max.)1,596 square feet 0 square feet Open Space (min.)1,596 square feet >1,600 square feet Parking (min.)3-car garage 3-car garage Height (max.)24-foot flat roof 29-foot sloped roof 29-foot sloped roof DISCUSSION Analysis General Plan/Local Coastal Program Land Use Categories The Land Use Element of the General Plan designates the site as Single-Unit Residential Detached (RS-D) and the Coastal Land Use Plan designates the site as Single-Unit Residential Detached (0.0-5.9 DU/AC) (RSD-A). Both designations are intended to provide for the development of properties for single-family residential units. The proposed development is consistent with this designation as it is accessory to a single-family detached residence. Title 20 Planning and Zoning The project site is located within the Single-Unit (R-1) Zoning District. The lot is rectangular in shape with a lot area of 18,111 square feet and generally flat. The two front (island interior/street and water side) setback requirements are 15 feet. The proposed development is in compliance with these requirements. The east side setback is also regulated as a front setback for the purposes of regulating accessory structures because it is identified on the site-specific Setback Map No. S-8 (Attachment No. PC 3). This specific setback was applied with the design created by Tract Map 802 (Attachment No. PC 4) to provide a private easement originally intended to be developed with a walkway or road accessible only to Harbor Island residents. An image of Tract Map No. 802 showing this easement is shown in Figure 2. 5 24 Harbor Island Property Line Wall Variance (PA2019-059) Planning Commission, January 23, 2020 Page 5 Figure 2: Portion of Tract Map No. 802. The red box highlights the easements for private walkway and private roadway. The project site is also denoted with a dashed line. Setback Map No. S-8 shows the east side setback requirement at the subject property as 19 feet; however this is a scrivener’s error that was created when the setback map was adopted in 2010. The associated Historic Districting Map No. DM_23 (Attachment No. PC 3) clearly shows an 11.5-foot setback along the east side property line. The residence at 24 Harbor Island has been developed according to the intended 11.5-foot setback. Districting Map No. DM_23 and Setback Map No. S-8 are shown in Figure 3 on the following page. 6 24 Harbor Island Property Line Wall Variance (PA2019-059) Planning Commission, January 23, 2020 Page 6 Figure 3: Portions of Districting Map No. DM_23 and Setback Map No. S-8. The red boxes highlight the conflicting setback for 24 Harbor Island. NBMC Sections 20.30.040 and 21.30.040 (Fences, Hedges, Walls, and Retaining Walls) limits fences and walls within front setbacks and areas regulated as a front setback to a maximum of 42 inches in height. In order to deviate from the 42-inch maximum, the applicant seeks the approval of a variance pursuant to NBMC Section 20.52.080 (Variances). Title 20 Variance A variance is a request to waive or modify certain standards when, because of special circumstances applicable to the property (including location, shape, size, surroundings, topography, or other physical features), the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district. In this case the maximum permitted height of accessory structures in this side setback area is 42 inches due to the area being regulated as a front setback. The purpose of this standard is due to an outdated easement from the original Tract Map No. 802, originally intended to allow for the future development of a private walkway. The applicant proposes that accessory structures be permitted up to 6 feet in height because the easement is obsolete since the private walkway for residents of the island was never constructed. Pursuant to NBMC Section 20.52.090(F) (Variances – Findings and Decision), the Planning Commission must make certain findings in order to approve a variance. Staff believes sufficient facts exist to support the variance request and they are set forth in the draft resolution for project approval (Attachment No. PC 1). Below is a summary of facts in support of the required findings: 7 24 Harbor Island Property Line Wall Variance (PA2019-059) Planning Commission, January 23, 2020 Page 7 1. 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. The side setback area along the southeasterly property line is regulated as a front setback due to a private walkway easement that extends across this portion of the island. The private walkway easement was created in 1926 as part of Tract Map 802 and intended to be developed with a private walkway or road that would be accessible only to residents of Harbor Island. According to the Harbor Island Homeowners’ Association, there is no intent to develop a walkway or roadway across Harbor Island, and the private easement is therefore outdated and obsolete. Without the easement, the setback area along the southeast property line would be regulated as a 4-foot side setback, which allows for a 6- foot wall. There are three other properties under identical zoning classification that are affected by the private easement (7, 8, and 26 Harbor Island), as shown in Figure 4 below. Each has been granted deviations from the front setback development standard requirements along their side property lines. All other lots on Harbor Island have side setback areas that allow for 6-foot fences and walls. Figure 4: Aerial Image of Harbor Island. Setback areas regulated as front setbacks are shown in green. Setback areas regulated as side setbacks are shown in orange. 8 24 Harbor Island Property Line Wall Variance (PA2019-059) Planning Commission, January 23, 2020 Page 8 2. Strict compliance with the Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. Strict compliance with the Zoning Code deprives the property of the ability to construct a 6-foot property line wall along the side property line to separate the property from the adjacent neighbor at 26 Harbor Island. Without the approval of the variance, the applicant would be deprived of privacy, security, and noise abatement enjoyed by other properties on Harbor Island with typical side yard fences and walls. The required 11.5-foot side setback, instead of the typical 4-foot side setback, is a result of an outdated private easement, originally intended to allow for the future development of a private walkway or road that does not exist. There are three other properties under identical zoning classification that are also affected by the same private easement (7, 8, and 26 Harbor Island). Each of these properties has been granted a deviation (variance or modification permit) from the front setback development standards along side property lines. All other properties on Harbor Island are under identical zoning classification and are not affected by the private easement, and therefore have side setbacks that allow for 6-foot walls. 3. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Without granting the variance to increase wall height, the applicant could not construct a typical 6-foot side property line wall, consistent with what the development regulations permit on other lots in the area because this side setback is regulated a front setback area. A 6-foot property line wall provides enhanced security, privacy, and noise abatement over a 42-inch tall wall. 4. 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. Approval of the variance request allows the applicant to develop a 6-foot property line wall in the setback area along a side property line, which is regulated as a front setback due to an obsolete private easement. This is not a granting of special privilege as the majority of lots on Harbor Island are not affected by this easement and are therefore allowed to construct property line fences/walls in side setback areas up to 6 feet in height. There are three other properties under identical zoning classification that are also affected by the private easement (7, 8, and 26 Harbor Island). Each of these properties has been granted a deviation (variance or modification permit) from the resulting front setback area regulations. 5. 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 9 24 Harbor Island Property Line Wall Variance (PA2019-059) Planning Commission, January 23, 2020 Page 9 convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. The increased wall height within the setback area along the side property line will not appear out of character with the neighborhood and will not be a noticeable deviation to passersby allowed on the private island. The wall does not extend into the setback area abutting the harbor, also regulated as a front setback area, and therefore does not obstruct private views of the water. The majority of properties on Harbor Island include similar property line walls within the side setback areas. The project will be consistent with typically allowable and constructed development on other lots in the surrounding area. Further, the design proposes the wall encroach only 2 feet 6 inches into the 11.5-foot side setback area along the main access driveway at the inland 50 feet of the property, which provides a vehicle turnaround area and therefore preserves adequate vehicle maneuverability on Harbor Island.  6. 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. The subject property is designated for single-unit residential uses and the granting of the variance does not increase the density beyond what is planned for the area, and will not result in increased traffic, parking, or demand for other services. The increase in wall height within the front setback area along the side property line allows for privacy, security, and noise abatement, consistent with what is allowed for other developments within the R-1 Zoning District. Title 21 Local Coastal Program Implementation Plan The property is located within the Coastal Zone. A coastal development permit is not typically required for ancillary structures normally associated with single-unit residences, including a property line wall. In this case, the applicant requests to deviate from the standards of NBMC Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls), which limit fences and walls within front setbacks to a maximum of 42 inches in height in front setback areas. The applicant therefore seeks the approval of a variance and coastal development permit pursuant to NBMC Section 21.52.090 (Relief from Implementation Plan Development Standards). This section sets forth the required additional findings and considerations for approving a variance within the Coastal Zone. While many of the findings overlap with those in Title 20 (Planning and Zoning), there are distinct considerations primarily for the protection of coastal resources, public access, and public views. 10 24 Harbor Island Property Line Wall Variance (PA2019-059) Planning Commission, January 23, 2020 Page 10 NBMC Section 21.52.090 specifically requires that the Planning Commission consider: a) Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and b) Whether or not there are feasible alternatives that would provide geater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. Although a compliant 42-inch wall could be constructed in-lieu of the proposed 6-foot wall, this would not accomplish the project goals of providing enhanced security, privacy, and noise attenuation, and is therefore not a feasible project alternative. The 42-inch high wall standard was not applied in this case for the purpose of protecting coastal resources. The project site fronts the Newport Harbor and County tidelands. However, the proposed wall does not extend into the front setback area at the rear of the lot adjacent to the tidelands and the harbor and is therefore protective of the these resources. Additionally, the site is not located adjacent to a coastal view road, public access way, or coastal viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is located at the end of Harbor Island Drive and is not visible from the site due to intervening development. The proposed 6-foot wall is consistent with the existing neighborhood pattern of development, which permits 6-foot walls within side setback areas. The project does not contain any unique features that could degrade the visual quality of the Coastal Zone. While the project is visible from the interior of Harbor Island or from the harbor, there are no public existing views through the island from the harbor because of the existing homes and accessory residential structures already developed on the island. Staff believes the findings for approval can be made and all findings and considerations are included in the attached draft resolution (Attachment No. PC 1). Summary Staff believes the project is consistent with Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) as discussed in the analyses above and detailed in the draft resolution for approval. The proposed development is consistent with all land use designations for the site. Furthermore, staff believes the requested wall height is compatible with the existing and expected development pattern of the area. The proposed wall design will allow privacy, security, and noise abatement allowed on other properties within the R-1 zoning district and throughout Harbor Island. 11 24 Harbor Island Property Line Wall Variance (PA2019-059) Planning Commission, January 23, 2020 Page 11 Alternatives Staff recommends approval based on the required findings for approval of a coastal development permit and variance; however, the following alternative actions are available for the Commission: 1. Should the Planning Commission determine that there are insufficient facts to support one or more of the findings for approval, the Planning Commission must deny the application and provide facts in support of denial to be included in the attached draft resolution for denial (Attachment No. PC 2). 2. The Planning Commission may suggest specific changes to the project design that are necessary to alleviate concerns. If any requested changes are substantial, the item should be continued to a future meeting to allow a redesign or additional analysis. Should the Planning Commission choose to do so, staff would return with a revised resolution incorporating new findings and/or conditions. Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Class 3 exempts the construction of accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The project is consistent with all requirements of the Class 3 exemption, as it consists of a 6-foot wall accessory to an existing single-family residence. The exceptions to this categorical exemption pursuant to Section 15300.2 are not applicable. The project site does contain any biological resources as it has been previously developed. There are no known environmental issues of a hazardous or critical nature. Development of the project will not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway (as it is not visible from one), is not a hazardous waste site, and is not identified as a historical resource. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property and residential occupants within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least ten days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. 12 24 Harbor Island Property Line Wall Variance (PA2019-059) Planning Commission, January 23, 2020 Page 12 Prepared by: Submitted by: ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Setback Map No. S-8 and Districting Map No. DM_23 PC 4 Tract Map No. 802 PC 5 Applicant’s Project Description and Justification PC 6 Correspondence PC 7 Project Plans :\Users\ccrager\Downloads\Staff_Report_Master_Template (2).docx01/12/18 13 INTENTIONALLY BLANK PAGE14 Attachment No. PC 1 Draft Resolution with Findings and Conditions 15 INTENTIONALLY BLANK PAGE16 12-21-2017 RESOLUTION NO. PC2020-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-021 AND VARIANCE NO. VA2019-004 TO CONSTRUCT A SIX (6)-FOOT WALL IN A FRONT SETBACK AREA LOCATED AT 24 HARBOR ISLAND (PA2019- 059) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by SoCal Land Co., LLC. (“Applicant”) on behalf of SoCal Land Co., LLC, a California limited liability company (“Owner”), with respect to the property located at 24 Harbor Island, Newport Beach, California 92660 and legally described as Lot 24 and 25 of Tract No. 802, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 24, Page 7 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, APN No. 050-230-40 (“Property”). 2. The Applicant requests a coastal development permit to construct a 120-foot-long, six (6)- foot-tall block wall along the southeasterly Property line and located within a side setback area that is regulated as a front setback area for the purpose of regulating accessory structures pursuant to Titles 20 (Planning and Zoning) and 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municpal Code (“NBMC”) because a site- specific setback is identified on Setback Map No. S-8 (“Project”). As part of the Project, the Applicant requests approval of a variance to waive or modify Sections 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) and 21.30.040 (Fences, Hedges, Walls, and Retaining Walls) of the NBMC to allow an increase in height of a property line wall within a side setback area that is regulated as a front setback area. 3. The Property is designated RS-D (Single Unit Residential Detached) by the General Plan Land Use Element and is located within the R-1 (Single Unit Residential) Zoning District. 4. The Property is located within the coastal zone; therefore, the Project is reviewed for compliance with Title 21 (Local Coastal Program Implementation Plan) of the NBMC, and a coastal development permit (“CDP”) is required. The Coastal Land Use Plan category is Single Unit Residential Detached – (0.0-5.9 DU/AC) (“RSD”) and it is located within the MU-V (Mixed Use Vertical) Coastal Zone District. 5. A public hearing was held on January 23, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 17 Planning Commission Resolution No. PC2020-001 Page 2 of 14 1. This Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 3 exemption applies to accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The Project is consistent with all requirements of the Class 3 exemption, as it consists of a six (6)-foot wall accessory to an existing single-family residence. 3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Variance In accordance with Section 20.52.090(F) (Variances – Findings and Decision) of the NBMC, 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 Property is located on Harbor Island, a private island in the Newport Harbor. The side setback area along the southeasterly property line is regulated as a front setback due to a private walkway easement that extends across this portion of the island. The private walkway easement was created in 1926 as part of Tract Map 802 and intended to be developed with a private walkway or road that would be accessible only to residents of Harbor Island. 2. There are three other properties under identical zoning classification that are affected by the private easement (7, 8, and 26 Harbor Island). Each has been granted deviations from the front setback development standard requirements along their side property 18 Planning Commission Resolution No. PC2020-001 Page 3 of 14 lines. All other lots on Harbor Island have side setback areas that allow for six (6)-foot fences and walls. 3. The private walkway easement was created in 1926 as part of Tract Map 802 and was intended to be developed with a private walkway or road that would be accessible only to residents of Harbor Island. According to the Harbor Island Homeowners’ Association, there is no intent to develop a walkway or roadway across Harbor Island, and the private easement is therefore outdated and obsolete. Without the easement, the setback area along the southeast property line would be regulated as a four (4)-foot side setback, which allows for a six (6)-foot wall. Finding: B. Strict compliance with the Zoning Code (Title 20 of the NBMC) requirements would deprive the subject Property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. Facts in Support of Finding: 1. Strict compliance with the Zoning Code (Title 20 of the NBMC) deprives the Property of the ability to construct a six (6)-foot property line wall along the side property line to separate the Property from the adjacent neighbor at 26 Harbor Island. Without the approval of the Variance, the Applicant would be deprived of privacy, security, and noise abatement enjoyed by other properties on Harbor Island with typical side yard fences and walls. 2. The required 11.5-foot side setback instead of the typical four (4)-foot side setback is a result of an outdated private easement, originally intended to allow for the future development of a private walkway or road that does not exist. There are three (3) other properties under identical zoning classification that are also affected by the private easement, including 7, 8, and 26 Harbor Island. Each of these properties has been granted a deviation (variance or modification permit) from the front setback development standards alongside property lines. All other properties on Harbor Island are under identical zoning classification and are not affected by the private easement, and therefore have side setbacks that allow for six (6)-foot walls. Finding: C. Granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the Applicant. Fact in Support of Finding: 1. Without granting the Variance to increase wall height, the Applicant could not construct a typical six (6)-foot side property line wall, consistent with what the development regulations permit on other lots in the area because this side setback is regulated as a front setback area. A six (6)-foot property line wall provides enhanced security, privacy, 19 Planning Commission Resolution No. PC2020-001 Page 4 of 14 and noise abatement over a 42-inch-tall wall. A typical side setback area allows fences/walls up to six (6) feet in height. In this case, an outdated private easement, originally intended to allow for the construction of a private walkway or road, has resulted in a side setback area that is regulated as a front setback. This setback area therefore only allows fences/walls up to 42 inches in height. 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: 1. Approval of the Variance request allows the Applicant to develop a six (6)-foot property line wall in the setback area along a side property line, which is regulated as a front setback due to an obsolete private easement. This is not a granting of special privilege as the majority of lots on Harbor Island are not affected by this easement and are therefore allowed to construct property line fences/walls in side setback areas up to six (6) feet in height. There are three (3) other properties under identical zoning classification that are also affected by the private easement (7, 8, and 26 Harbor Island). Each of these properties has been granted a deviation (variance or modification permit) from the resulting front setback area regulations. 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 increased wall height within the setback area along the side property line will not appear out of character with the neighborhood and will not be a noticeable deviation to passersby allowed on the private island. The majority of properties on Harbor Island include similar property line walls within the side setback areas. The Project will be consistent with typically allowable and constructed development on other lots in the surrounding area. 2. The design proposes the wall encroach only two (2) feet, six (6) inches (2’6”) into the side setback area along the main access driveway at the inland 50 feet of the Property, which provides a vehicle turnaround area and therefore preserves adequate vehicle maneuverability on Harbor Island. 20 Planning Commission Resolution No. PC2020-001 Page 5 of 14 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. Granting the Variance request would not increase the density beyond what is planned for the area, and will not result in increased traffic, demand on public parking, or demand for other services. 2. The increase in wall height within the front setback area along the side property line allows for privacy, security, and noise abatement, consistent with what is allowed for other developments within the R-1 (Single Unit Residential) Zoning District. 3. The Property is not located within a specific plan area, therefore, no additional findings of conformity with a specific plan are required Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: G. Conforms to all applicable sections of the certified Local Coastal Program (LCP). Facts in Support of Finding: 1. The Project is accessory to a single-family residential development that complies with applicable residential development standards including, but not limited to, floor area ratios, setbacks, height, open space, and parking. 2. The proposed deviation to the wall height in the front setback area allows for a development that is similar and compatible in design, bulk and scale of the existing neighborhood pattern of development and expected future development. The maximum six (6)-foot wall height granted by the Variance is consistent with wall heights in side setback areas throughout Harbor Island. 3. The Project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. The existing residential lot does not currently provide nor inhibit coastal access. The Property is located on a private island which does not provide coastal access, which will remain unchanged with the construction of a six (6)-foot property line wall. 21 Planning Commission Resolution No. PC2020-001 Page 6 of 14 4. The Project site is not located adjacent to a coastal view road, public access way, or coastal viewpoint as identified in the Coastal Land Use plan. The nearest coastal viewpoint is located at the end of Harbor Island Drive and is not visible from the site. The proposed six (6)-foot wall is consistent with the existing neighborhood pattern of development, which permits six (6)-foot walls within side setback areas. The Project complies with the 15-foot front setback along the harbor, which only allows improvements with a maximum height of 42 inches. Additionally, the Project does not contain any unique features that could degrade the visual quality of the coastal zone. The Project is visible from the interior of Harbor Island or from the harbor, however there are no existing views through the island from the harbor because of the existing homes and accessory residential structures already developed on the island. 5. The Project is accessory to a single-family residence, which was approved by Coastal Development Permit No. 5-16-0054, approved by the California Coastal Commission on September 13, 2017. This coastal development permit requires landscaping with drought-tolerant, non-invasive plants, conformance with a drainage and runoff control plan, and acknowledgement of coastal hazards. Finding: H. 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 . Facts in Support of Finding: 1. The Property is located on Harbor Island between the nearest public road and the sea. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement and the Project’s impact and be proportional to the impact. In this case, the Project increases the height of a property line wall from 42 inches to six (6) feet. Therefore, the Project does not involve a change in land use, density or intensity that will result in an increased demand on public access and recreation opportunities. Furthermore, the Project will not block or impede existing public access opportunities. 2. Vertical access to the harbor is available at the Balboa Basin, approximately 2,000 feet east of the property. Vertical and lateral access to the beach and harbor is also available at street ends throughout Balboa Island, approximately 1,300 feet southeast of the Property. The Project does not include any features that would obstruct access along these routes. 22 Planning Commission Resolution No. PC2020-001 Page 7 of 14 Variance In accordance with Section 21.52.090 (Relief from Implementation Plan Development Standards) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: I. The Planning Commission has considered the following: a. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and b. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. Facts in Support of Finding: 1. Granting of a Variance will allow a six (6)-foot wall in a setback area along a side property line, which is regulated as a front setback and will result in setback regulation and property line wall height similar to properties in the surrounding area and throughout Harbor Island. 2. The six (6)-foot wall along the side property line is necessary in order to provide adequate privacy and security for the single-family residence on the Property. The design proposes the wall encroach only two (2) feet, six (6) inches (2’6”) into the setback area at the inland 50 feet of the Property, which provides a vehicle turnaround area and therefore preserves adequate vehicle maneuverability on Harbor Island. 3. While the Project is requesting a Variance for wall height within a front setback area along a side property line, the residential development on the Property complies with all other applicable development standards including, but not limited to, setbacks, floor area limit, height limitation, and parking requirements and was previously approved by Coastal Development Permit No. 5-16-0054. 4. Disapproval of the Variance could result in lack of privacy and security for the single- family residence on the Property that other properties located on Harbor Island are granted. The proposed six (6)-foot-high wall is the typical height allowed by Title 21 (Local Coastal Program Implementation Plan) for property line walls and fences. 5. The Project does not extend into the front setback area adjacent to the tidelands and the harbor and is therefore protective of the tideland and other coastal resources. 23 Planning Commission Resolution No. PC2020-001 Page 8 of 14 Finding: J. The granting of the Variance is necessary due to the practical difficulties associated with the Property and that the strict application of the Implementation Plan results in physical hardships. Facts in Support of Finding: 1. The Property is located on Harbor Island, a private island in the Newport Harbor. The setback area along the southeasterly property line is regulated as a front setback due to a private walkway easement that extends across this portion of the island. The private walkway easement was created in 1926 as part of Tract Map 802 and intended to be developed with a private walkway or road that would be accessible only to residents of Harbor Island. 2. The private walkway easement was created in 1926 as part of Tract Map 802 and was intended to be developed with a private walkway or road that would be accessible only to residents of Harbor Island. According to the Harbor Island Homeowners’ Association, there is no intent to develop a walkway or roadway across Harbor Island, and the private easement is therefore outdated and obsolete. Without the easement, the setback area along the southeast property line would be regulated as a four (4)-foot side setback, which allows for a six (6)-foot wall. Finding: K. The granting of the Variance is necessary due to special circumstances applicable to the Property, including location, shape, size, surroundings, topography, and/or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district. Facts in Support of Finding: 1. The Property is located on Harbor Island, a private island in the Newport Harbor. The setback area along the southeasterly property line is regulated as a front setback due to private walkway easement that extends across this portion of the island. The private walkway easement was created in 1926 as part of Tract Map 802 and intended to be developed with a private walkway or road that would be accessible only to residents of Harbor Island. 2. There are three (3) other properties under identical zoning classification that are affected by the private easement, including 7, 8, and 26 Harbor Island. Each has been granted deviations from the front setback development standards alongside property lines. All other lots on Harbor Island have typical side setback areas that allow for six (6)-foot fences and walls. 24 Planning Commission Resolution No. PC2020-001 Page 9 of 14 3. The private walkway easement was created in 1926 as part of Tract Map 802 and was intended to be developed with a private walkway or road that would be accessible only to residents of Harbor Island. According to the Harbor Island Homeowners’ Association, there is no intent to develop a walkway or roadway across Harbor Island, and the private easement is therefore outdated and obsolete. Without the easement, the setback area along the southeast property line would be regulated as a four (4)-foot side setback, which allows for a six (6)-foot wall. Finding: L. The Variance complies with the findings required to approval a coastal development permit in Section 21.52.015(F)(Coastal Development Permits –Findings and Decision) of the NBMC. Facts in Support of Finding: 1. Facts in Support of Findings “G” and “H” above are hereby incorporated by reference. Finding: M. The Variance will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs. Fact in Support of Finding: 1. The Property does not currently provide access to the sea or shoreline, nor does it provide access to any coastal parks, trails, or coastal bluffs. Finding: N. The Variance will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas. Fact in Support of Finding: 1. The Project site is not located adjacent to a coastal view road, public access way, or coastal viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is located at the end of Harbor Island Drive and is not visible from the site. The proposed six (6)-foot wall is consistent with the existing neighborhood pattern of development, which permits six (6)-foot walls within side setback areas. The Project complies with the 15-foot front setback along the harbor, which only allows improvements with a maximum height of 42 inches. Additionally, the Project does not contain any unique features that could degrade the visual quality of the coastal zone. The Project is visible from the interior of Harbor Island or from the harbor, however there are no existing views through the island from the harbor because of the existing homes and accessory residential structures already developed on the island. 25 Planning Commission Resolution No. PC2020-001 Page 10 of 14 Finding: O. The Variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation or wildlife species. Fact in Support of Finding: 1. The Property is located adjacent to the harbor and County tidelands. The Project does not extend into the front setback area adjacent to the tidelands and the harbor and is therefore protective of the tideland and other coastal resources. Finding: P. The granting of the Variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the Local Coastal Program. Facts in Support of Finding: 1. Facts in Support of Finding “I” above are hereby incorporated by reference. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds the Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby approves Coastal Development Permit No. CD2019-021 and Variance No. VA2019-004, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This 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 the Local Coastal Implementation Plan (Title 21 of the NBMC). Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the NBMC and Sections 13111 through 13120 of Title 14 of the California Code of Regulations, and Section 30603 of the Coastal Act. 26 Planning Commission Resolution No. PC2020-001 Page 11 of 14 PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF JANUARY, 2019. AYES: NOES: ABSTAIN: ABSENT: BY: _________________________ Peter Koetting, Chairman BY: _________________________ Lee Lowrey, Secretary 27 Planning Commission Resolution No. PC2020-001 Page 12 of 14 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 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. Coastal Development Permit No. CD2019-021 and Variance No. VA2019-004 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code (“NBMC”), unless an extension is otherwise granted. 3. 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, the beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property. 4. 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. 5. Debris from demolition shall be removed from work areas each day and removed from the Project within twenty-four (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. 6. 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. 7. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 8. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (“MBTA”). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to the MBTA: 28 Planning Commission Resolution No. PC2020-001 Page 13 of 14 A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 9. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 10. 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. 11. 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 building permits. 12. Prior to issuance of any building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Site Development Review 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 action and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 13. 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. 14. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Federal Holidays. 15. All trash shall be stored within the designated areas as approved by Community Development Department and screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 29 Planning Commission Resolution No. PC2020-001 Page 14 of 14 16. 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 24 Harbor Island Property Line Wall Variance including, but not limited to Coastal Development Permit No. CD2019-021 and Variance No. VA2019-004. 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. 30 Attachment No. PC 2 Draft Resolution for Denial 31 INTENTIONALLY BLANK PAGE32 12-21-2017 RESOLUTION NO. PC2020-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING COASTAL DEVELOPMENT PERMIT NO. CD2019-021 AND VARIANCE NO. VA2019-004 TO CONSTRUCT A SIX (6)-FOOT WALL IN A FRONT SETBACK AREA LOCATED AT 24 HARBOR ISLAND (PA2019- 059) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Shawna Schaffner of CAA Planning, Inc. (“Applicant”) on behalf of SoCal Land Co., LLC, a California limited liability company (“Owner”), with respect to the property located at 24 Harbor Island, Newport Be ach, California 92660 and legally described as Lot 24 and 25 of Tract No. 802, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 24, Page 7 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, APN No. 050-230-40 (“Property”). 2. The Applicant requests a coastal development permit to construct a 120-foot-long, six (6)- foot-tall block wall along the southeasterly Property line and located within a side setback area that is regulated as a front setback area for the purpose of regulating accessory structures pursuant to Titles 20 (Planning and Zoning) and 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municpal Code (“NBMC”) because a site- specific setback is identified on Setback Map No. S-8 (“Project”). As part of the Project, the Applicant requests approval of a variance to waive or modify Sections 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) and 21.30.040 (Fences, Hedges, Walls, and Retaining Walls) of the NBMC to allow an increase in height of a property line wall within a side setback area that is regulated as a front setback area. 3. The Property is designated RS-D (Single Unit Residential Detached) by the General Plan Land Use Element and is located within the R-1 (Single Unit Residential) Zoning District. 4. The Property is located within the coastal zone; therefore, the Project is reviewed for compliance with Title 21 (Local Coastal Program Implementation Plan) of the NBMC, and a coastal development permit (“CDP”) is required. The Coastal Land Use Plan category is Single Unit Residential Detached – (0.0-5.9 DU/AC) (“RSD”) and it is located within the MU-V (Mixed Use Vertical) Coastal Zone District. 5. A public hearing was held on January 23, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. 33 Planning Commission Resolution No. PC2020-001 Page 2 of 6 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15270 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. Variance In reviewing a variance, the review authority must make the findings in Section 20.52.090(F) (Variances – Findings and Decision) of the NBMC. In this case, the Planning Commission is the review authority and has determined the Variance cannot be granted for the following reasons: 1. Coastal Development Permit In reviewing a coastal development permit, the review authority must make the findings Section 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC. In this case, the Planning Commission is the review authority and has determined the Coastal Development Permit cannot be granted for the following reasons: 2. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Coastal Development Permit No. CD2019-021 and Variance No. VA2019-004. 2. This Variance action shall become final and effective fourteen (14) days following the date this Resolution was adopted, unless within such time an appeal if filed with the City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning. 3. This Coastal Development Permit action shall become final and effective fourteen (14) days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of the Local Coastal Implementation Plan (Title 21 of the NBMC). Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the NBMC and Sections 13111 through 13120 of Title 14 of the California Code of Regulations, and Section 30603 of the Coastal Act. 34 Planning Commission Resolution No. PC2020-001 Page 3 of 6 PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF JANUARY, 2020. AYES: NOES: ABSTAIN: ABSENT: BY: _________________________ Peter Koetting, Chairman BY: _________________________ Lee Lowrey, Secretary 35 INTENTIONALLY BLANK PAGE36 Attachment No. PC 3 Setback Map No. S-8 and Districting Map No. DM_23 37 INTENTIONALLY BLANK PAGE38 150 1501519191501515151515 1515191519024101369730827127142211541023262812921333201166191471211221181222195311413510714132163513S-8 - Harbor IslandSetback Map15 feet7 feet15 feet7 feet21 feetsetback linesetback line0 feet161413123 feet18 feet15 feetsetback linesetback line12318 1915 feet0 feet setback line1920DETAIL ADETAIL BDETAIL Csetbacks measured from original lotline established by Tract Map 802setbacks measured from original lotline established by Tract Map 802setbacks measured from original lotline established by Tract Map 802Name: S-8 / October 26, 201039 40 Attachment No. PC 4 Tract Map No. 802 41 INTENTIONALLY BLANK PAGE42 43 INTENTIONALLY BLANK PAGE44 Attachment No. PC 5 Applicant’s Project Description and Justification 45 INTENTIONALLY BLANK PAGE46 ͵ͲͻͲͲƒ…Š‘‹‡Œ‘‘ƒ†ǡ—‹–‡ʹͺͷȈƒ —ƒƒ’‹•–”ƒ‘ǡͻʹ͸͹ͷȈȋͻͶͻȌͷͺͳǦʹͺͺͺȈ ƒšȋͻͶͻȌͷͺͳǦ͵ͷͻͻ April 9, 2019 Mr. Jim Campbell Deputy Community Development Director City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Variance Application, 24 Harbor Island Dear Mr. Campbell: On behalf of SoCal Land Co., LLC, the applicant and owner of the residence under construction at 24 Harbor Island (Project), CAA Planning, Inc. (CAA) submits the enclosed Variance application for a portion of a proposed fence within the easterly side yard of the residence. The fence ranges from 3.5 feet to 6 feet high, which exceeds the 3.5-foot height limit and encroaches into the setback because of an historic, unimproved access easement. In addition to the variance, this application includes a request for a Coastal Development Permit (CDP) as required by the City’s Local Coastal Program (LCP). Background The Residence is located in the Harbor Island subdivision in Newport Bay, more specifically Lots 24 and 25 of Tract 802. The property is held as a single parcel and building site per the covenant and agreement with the City of Newport Beach (City) recorded on January 17, 1977. On September 13, 2017, the California Coastal Commission granted the applicant a CDP for the construction of a new two-story 12,427-square-foot single-family residence, 29 feet high, with a basement and a 3-car garage, and including grading, hardscape and landscaping. The CDP was granted by the Coastal Commission because the project included repair and maintenance to the seawall, which is located within State Tidelands. On November 22, 2017 the City of Newport Beach issued Building Permit X2017-3743 to the applicant for the construction of the aforementioned improvements. The project is now under construction and approaching completion, which is expected to be sometime in the summer of 2020. The CDP for the house reconstruction does not contain any conditions related to the side yard wall, and the proposed project would not conflict with any conditions contained in the CDP. Variance Project Description The applicant proposes to construct a screen wall that is approximately 141 feet long on the side yard of the residence. The screen wall was originally permitted at 3.5 feet high. The applicant now proposes that the initial portion of the wall in the front yard be 3.5 high. Starting 10 feet from the PA2019-059 47 Mr. Jim Campbell April 9, 2019 Page 2 of 5 street, the wall would be 6 feet high with a side yard gate. The 6-foot wall would follow the side of the residence and would be approximately 114 feet long. The remaining 22-foot-long area of the wall in the rear yard will remain 3.5 feet per the approved plan. Exhibit 1 depicts the portions of the wall that would be 3.5 feet and 6 feet. Exhibit 2 depicts the location of the property line and the 11.5-foot setback relative to the side yard wall. The Zoning Code allows walls and fences up to 6 feet high within the side yards of residences located within the R-1 District (Table 21.30-1, Section 21.30.040). Within the City’s R1 Zoning, the typical setback is 4 feet for the side yard. However, in certain areas of the City, setback maps have been adopted that identify different setback dimensions,and the applicant’s property is subject to such a map. Setback Map S-8 was created for Harbor Island for this purpose and identifies a 19-foot setback for the side yard property lines between Lots 7 and 8 and an 11.5-foot setback between Lots 24 and 26. This was done to accommodate a contemplated private roadway and bridge between Lots 7 and 8, and a walkway easement centered over the property lines of Lots 24 and 26. However, the City has advised CAA that, when the current Zoning Code was updated in 2010, the side yard setback between Lots 24 and 26 was inadvertently labeled as being 19 feet, when it should have been 11.5 feet. The prior setback map depicting the 11.5-foot setback is attached. The setback was created nearly 100 years ago in the 1920s to allow for a private walkway easement. A private walkway was never improved, and the Harbor Island Community Association has previously indicated that they have no intention of improving the private walkway easement. There is no public access in this location, nor is the location identified within the City’s LCP for new or expanded public access. It is unfortunate that the City’s setback map was not amended during the City’s Zoning Code Update several years ago to reflect the obsolete easement and the intent of the Community Association. Side yard setbacks identified on a setback map must be considered as front setbacks for the purpose of regulating accessory structures,and the maximum wall height within a front setback is 3.5 feet. The applicant proposes to construct an approximately 141-foot-long screen wall 3.5 feet to 6 feet high into the 11.5-foot setback. Approximately 124 feet of the wall will be 6 feet high will encroach from 2.5 feet to 11.5 feet into the 11.5-foot setback as shown on Exhibit 2. Therefore, a Variance will be required for the approval of the encroachment of a 6-foot wall. Deviations are allowed through the Zoning Code with the processing of a Variance (Section 20.52.090). The City’s Zoning Code states: A variance provides a process for City consideration of requests to waive or modify certain standards of this Zoning Code when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.(Section 20.52.090) PA2019-059 48 Mr. Jim Campbell April 9, 2019 Page 3 of 5 Justification x The 6-foot wall will provide privacy for the applicant’s side yard from the neighboring residence at 26 Harbor Island. The existing residence at 26 Harbor Island has a 5-foot encroachment of the first floor, a 7-foot encroachment of the second floor, and a 1.5-foot roof overhang beyond the second-floor building wall into the required 11.5-foot side yard setback, as shown on Photo 1. x The 6-foot wall will reduce ambient noise within the applicant’s side yard at street level from the neighboring residence at 26 Harbor Island. x The 6-foot wall will provide reciprocal privacy and noise benefits to the neighboring residence at 26 Harbor Island. x The 6-foot wall will provide the applicant with privacy and noise benefits from motorists using the setback area for turnaround purposes. A 44-footstretch of the setback will remain open so that motorists can continue to use this area for turn around purposes. Turn around locations are of primary concern to the residents as evidenced by the public comments the Planning Commission received at the public hearing for the variance for 7 Harbor Island (VA2014-004) where the access has been blocked, as shown on Photo2. x The 6-foot wall will allow the applicant to more fully enjoy the use of his property, because the setback area was never improved with a private walkway and the Community Association has no intention ofimproving the walkway. The setback is no longer necessary as evidenced by the existing encroachments for 26 Harbor Island and as supported in a letter from the Harbor Island Community Association in relation to the variance for 7 Harbor Island (VA2014-004). In that proceeding, the Community Association declared that the larger easement between Lots 24 and 26 (11.5 feet) as well Lots 7 and 8 (19 feet), was planned to allow for a bridge and pedestrian pier, an idea that has been declared largely obsolete. Because the easement is no longer necessary, the applicant should be afforded the ability to construct a 6-foot wall as was approved for his westerly side yard. It should be noted that the residences at 7 and 8 Harbor Island both physically encroach into the setback, and also have privacy gates with landscaping across the easement as evidenced by Photo 3. x The City issued a variance for Lot 7 to allow for the house to encroach up to 12.9 feet into the 19-foot setback. For 24 Harbor Island, the only issue in question is whether the side yard wall can be 6 feet high compared to the 3.5 feet allowed. Where a 3.5-foot wall is allowed per a typical front yard, a 6-foot fence should be allowed to provide the same level of security allowed on the westerly portion of the site, and by the surrounding lots. x Of the 30 residences on Harbor Island, the four lots mentioned above are the only lots with dual front yard setbacks. The applicant of Lot 24 as well as the owners of Lots 7, 8, and 26 are the only residents on Harbor Island who do not enjoy the full use of their property. Where the other three residences encroach into the setback, the applicant is only requesting PA2019-059 49 Mr. Jim Campbell April 9, 2019 Page 4 of 5 encroachment of the 6-foot side yard wall along the vehicle turn around and side yard, compared to a 3.5-foot side wall. Coastal Development Permit City of Newport Beach Local Coastal Program The City’s Local Coastal Program/Coastal Land Use Plan (LUP) and Implementation Plan (IP) provide the basis for determining Coastal Act consistency with public access and public recreation policies. As stated in Section 21.16.020 of the IP, “No new development (i.e., use of land, demolition, alteration, construction, expansion, reconstruction or replacement of structures) shall be allowed unless the development complies with this Implementation Plan and the requirements of this chapter.” The existing residential structure is consistent with the land use designations in the City’s General Plan, Zoning Code and LUP, and the construction of accessory structures is a permitted activity, consistent with development of a single-family residence. Public Access (Chapter 21.30A)–The existing residence is located within the R-1 (Single-Unit Residential) Coastal Zoning District, surrounded with residential development. There is no direct public access to the waterfront via the subject property or the immediately adjacent private residential lots. The increased wall height does not alter, impede or eliminate public access, because none exists on the project site. Recreation (Chapter 21.30A)–The project site is located in a residential area where no public access to the waterfront is available from the subject property or the immediately adjacent private residences. The increased wall height does not alter, impede or eliminate public access to the recreation opportunities at the marina. Scenic and Visual Quality (Section 21.30.100)–No scenic or visual impacts are associated with the increased wall height. As evidenced by in Photos 4 through 6 included herein, many of the residences in Harbor Island enjoy the privacy afforded by screen walls.Also, the wall is well below the residence roofline, and views from adjacent residences are not impacted as the residence is the dominant feature when looking towards the bay. Cultural Resources Protection (Section 21.30.105)–The increased wall height would not destroy or disturb cultural resources. Habitat Protection (Chapter 21.30B)–The site was previously graded and developed within an existing residential area. No environmentally sensitive habitat area (ESHA), wetlands or coastal dunes would be impacted by the increased wall height. Water Quality (Chapter 21.35)–The IP requirement for the preparation of a Water Quality and Hydrology Plan/Water Quality Management Plan is not applicable.All construction best practices will be adhered to during construction of the wall. PA2019-059 50 Mr. Jim Campbell April 9, 2019 Page 5 of 5 LCP Consistency Conclusion –The increased wall height will not in result in impacts related to Coastal Act policies or City LCP regulated policies in the areas of public access, recreation, visual quality, cultural resources, habitat protection, or water quality protection. The project is consistent with the Coastal Act and the City’s LCP development standards. Required Actions We believe that the Planning Commission can make the findings to approve the following: 1. Approve the Coastal Development Permit for the Variance for the setback encroachment. Findings in support of the variance are attached. If you have questions or concerns, please do not hesitate to contact me or Paul Shaver at (949) 581-2888. Sincerely, CAA PLANNING, INC. Shawna L. Schaffner Chief Executive Officer Attachments: Exhibits 1 and 2 Photos 1-6 Findings of Fact cc: Mr. Blake Quinn PA2019-059 51 Photo 1PA2019-05952 Photo 2PA2019-05953 Photo 3PA2019-05954 Photo 4PA2019-05955 Photo 5PA2019-05956 Photo 6PA2019-05957 Indicates that portion of theapproved 3.5’-high wall locatedwithin the 11.5’ setback that willbe constructed to 3.5’ in heightIndicates that portion of theapproved 3.5’-high wall locatedwithin the 11.5’ setback that isproposed to be constructed to 6’ in heightExhibit 211.5’ Setback Line58 Indicates that portion of theapproved 3.5’-high wall locatedwithin the 11.5’ setback that willbe constructed to 3.5’ in heightIndicates that portion of theapproved 3.5’-high wall locatedwithin the 11.5’ setback that isproposed to be constructed to 6’ in heightExhibit 111.5’ Setback Line59 INTENTIONALLY BLANK PAGE60 Attachment No. PC 6 Correspondence 61 INTENTIONALLY BLANK PAGE62 63 INTENTIONALLY BLANK PAGE64 Attachment No. PC 7 Project Plans 65 INTENTIONALLY BLANK PAGE66 BBQStudioGame / MediaPwdr 3Pwdr 2Bedroom 4Bath 4Golf Cartand ShopEntry FoyerEntryPorchCourtyard3 Car GarageLibrary / MusicLivingCovered PorchKitchenMorningRoomDiningOffice Back KitchenLaundryPwdr 1Dn2R10.875' FS12.458' FS12.458' FS12.458' FS12.458' FS12.458' FS12.458 FSUp18RTreads at11.5" Each13.457' FSDn2R12.957' FS12.957' FS12.957' FS12.957' FS11.875' FSDn 1R12.16' FSUp1RUp2R12.06' FS12.957' FSDn2R11.375' FS12.375 FSDn3RDn2RUp15RTreads at11" Each12.80' FG12.37' FSDn16RTreads at10.5 EachDn2RUp 17RTreads at12" EachDn16RA.N.G.Point 111.889'A.N.G.Point 210.666'A.N.G.Point 310.787'A.N.G.Point 412.492'Dn2R11.375' FS12.375' FSSLOPESLOPESLOPE12.64' FSSLOPE2%12.28' FS12.10' FS11.05' FS10.66' FS12.84' FS12.70' FSSLOPE1%SLOPE1.5%12.84' FSSLOPE1%12.66' FS12.99' TC12.99' TCPAPAPAPAPAPAPAPAPASLOPE2% MIN.SLOPE2% MIN.SLOPE2% MIN.PAPASLOPE2% MIN.PA12.50' FG12.84' FS12.84' FSSLOPE2%PAPAPAPASLOPE2%SLOPE2%12.00' FG12.375' FS12.375' FS11.13' FSSLOPE2%SLOPE2%SLOPE2%18.50' TW18.50' TW18.00' TW17.50' TWSLOPE1%10.375' FS12.375' FS10.875' FG14.16' T.O.WALL &PILASTER10.66' N.G.10.46' FS10.46' FSPAPAPAPAPAPASLOPE2%9.80' FGSLOPE1%9.84' FS10.00' FSSLOPE2%10.50' TWSLOPE2.3%PAPAPAPAPA17.00' TW16.50' TW16.00' TW15.50' TW15.00' TW14.50' TW14.00' TW9.00' FS16.34' TWSLOPE2%Wall 42"MaximumPAWall 42"MaximumWall 42"MaximumWall 42"Maximum15.00' T.O.Wall11.50' N.G.15.00' T.O.Gate15.26' T.O.Wall11.76' N.G.+42" T.O.Pilaster+42" T.O.Gate/FenceLau 2Line of FloorAboveWindowSeatBuilt-inSeatingLine of FloorAbove15.00' T.O.Pilaster11.50' N.G.14.12' T.O.Wall10.62' N.G.PA11.05' FS11.05' FS12.10' FS12.99' TCLightwellBelow13.23' T.O.Wall9.73' N.G.13.79' T.O.Wall10.29' N.G.14.29' T.O.Wall10.79' N.G.14.76' T.O.Wall11.26' N.G.15.26' T.O.Wall11.76' N.G.15.55' T.O.Pilaster12.05' N.G.15.55' T.O.Wall12.05' N.G.15.55' T.O.Wall12.05' N.G.7'-0"7'-6"7'-3"7'-0"15'-0" SetbackBoundary Line of Tract No. 80210'-0316"10'-0"5'-1316"15'-0"Setback11'-3"7'-0"8'-0"18'-0"Harbor Island5'-0"5'-0"Setback7'-0"14'-6"eniL ytreporP11'-6" SetbackeniL ytreporPProperty LineProperty Line2'-0"8'-0"niamer ot llaw gnitsixE10'-0"5'-0"eniL gnirtS larutcurtSeniL gnirtS kceDBio-FiltrationPlanterBio-FiltrationPlanterBio-FiltrationPlanterBio-FiltrationPlanteresuoH gnitsixEdnalsI robraH 3206629 .AC ,hcaeB tropweN)72-032-050 :NPA(32 toL2197EN 1DLB15.28L2 Deck12.44L2 Deck12.4927. S goJkceD 2L46.11kceD 1L19.17EN 2DLBesuoH gnitsixEdnalsI robraH 6206629 .AC ,hcaeB tropweN)52-032-050 :NPA(62 toLeniL gnirtS kceDeniL gnirtS larutcurtSArchitectural Site PlanSCALE: 1/8" = 1'-0"ARCHITECTURALSITE PLAN503 32ND STREET, SUITE 130TELEPHONE: (949) 999-3255NEWPORT BEACH, CA 92663FAX: (949) 999-3259STAMP:TELEPHONE:FAX:SHEET TITLE:© RITNER GROUP, INC. 2016 expressly reserves allcommon law copyright and property rights in these plans.These plans are not to be reproduced, changed orcopied in any form or manner whatsoever, nor are theyto be assigned to any third party without first obtaining the express written permission and consent ofRITNER GROUP, INC.PROJECT DESIGNER:PROJECT CAD FILE:PROJECT NUMBER:DRAWN BY:PROJECT MANAGER:PROJECT:15002-PLN-SITEO:\2015-PROJECTS\15002\CD\15002-PLN-SITE August 23, 2018RRBW15002Lot 24 & 25 of Tract 802APN: 050-230-40PLOT REFERENCE DATE: 07-18-18SHEET NUMBER:SP-1.1Field Clarification Delta 3 - July 18, 2018BUILDING DEPARTMENT SUBMITTAL: -REVISIONS:05-12-16 BUILDING DEPARTMENT1CORRECTIONS &COASTAL COMMISSIONCORRECTIONS07-28-16 BUILDING DEPARTMENT2CORRECTIONS07-18-18 FIELD CLARIFICATION35. Additions, remodels or renovations of a single familyhome with an existing pool require the suction outletof the existing pool, spa, or toddler pool to beupgraded so as to be equipped with an approvedanti-entrapment cover meeting the current standardsof ASTM or ASME per section 115920 HSC.6. The discharge of pollutants to any storm drainagesystem is prohibited. No solid waste, petroleumbyproducts, soil particulate, construction wastematerials, or wastewater generated on constructionsites or by construction activities shall be placed,conveyed or discharged into the street, gutter orstorm drain system.7. In Accordance with Planning Area 6 (PA6) of theHeadlands Development and Conservation Plan(HDCP), This house is a Single-Family Dwelling.General Notes:PROJECT ADDRESS24 HARBOR ISLANDNEWPORT BEACH, CA. 92660ASSESOR'S PARCEL NUMBER: 050-230-40LOT 24 & 25 - TRACT 802Planning CriteriaSetbacks:15'Front15'Rear4'Side Yard 1Maximum Height:24'Flat Roof (less than 3:12 pitch)29'Pitched Roof (greater than 3:12 pitch)FAR:18,111 s.f.Site AreaMAXIMUM FLOOR AREA LIMIT:Buildable Area21,280 s.f.Buildable Area 10,640 x 2 = OPEN SPACE REQUIREMENTS:10,640 s.f.Buildable AreaOpen Space Required15% x Buildable Area 1,596 s.f.11.5'Side Yard 2Area Tabulation2,921 Sq. Ft.Main Living8,254 Sq. Ft.Total LivingMain Level:2,669 Sq. Ft.Basement1,952 Sq. Ft.Master SuiteUpper Level:158 Sq. Ft.Entry Porch434 Sq. Ft.Covered Porch1,083 Sq. Ft.3 Car Garage1,553 Sq. Ft.883 Sq. Ft.Bedroom 2 & 3421 Sq. Ft.Golf Cart Garage/Shop945 Sq. Ft.Bedroom 5 / GymMedia/Game RoomBedroom 4/Studio225 Sq. Ft.Covered Terrace9,758 Sq. Ft.Total Gross Area(Total Living + Golf Cart+ 3 Car Garage )10,640 s.f.Open Space Provided 3.912 s.f.1. Refer to Site Drainage Plan sheetfor existing grade elevations andfinish grade elevations.2. Surveyor or Engineer shall permanentlymonument property corners or offsetsbefore starting grading.3. Fences, Gates, Walls, Planter boxes, Patio covers,and other freestanding structures cannot exceed 6'measured from Natural Grade within required sideyard setback.4. Finish grade within 10 feet of the new structure/addition shall be sloped a minimum of 2 % awayfrom the building for drainage purpose.67'10.5'32.5'10'∑ = 120'The amount of proposed wall withinthe sideyard setback to be increasedin height to 6.0' (requires a variance)67PA2019-059Attachment No. 7 PC - Project Plans Harbor Island Community Association c/o Total Property Management 2301 Dupont Drive, Suite 100 Irvine, CA 92612 January 21, 2020 City of Newport Beach Planning Commission Re: 24 Harbor Island Property Line Wall Variance (PA2019-059) Coastal Development Permit No. CD2019-021 Variance No. VA2019-004 Dear Sirs and Madams: The original Subdivision Map Number 802 (shown on page 43 of the City of Newport Beach Planning Commission Staff Report dated January 23, 2020) which subdivided Harbor Island into 36 lots contained a 30 foot wide Street Easement the length of the Island and between Lots 7 and 8, as well as a 15 foot wide Pedestrian Easement between Lots 25 and 26 (shown on page 6 of the Staff Report). These Easements are for the benefit of the HICA Members, their guests and Invitees. Lots 24 and 25 have been merged into one lot referred to as Lot 24 on the map shown on page 3 of the Staff Report. The Harbor Island Community Association (“HICA”) was created by the Harbor Island Owners to improve, operate and maintain the Harbor Island Common Area, which included the Street Easement, Pedestrian Easement, the Bridge connecting Harbor Island to the mainland and a small area of land on the mainland side adjacent to the Bridge. The location of the proposed 6 foot high block wall between Lots 24 and 26 is proposed to be located on the property line separating Lots 24 and 26 and the 42 inch high fence is proposed to run from the northwest side of the house on Lot 26 to the southeast side of the house on Lot 24. The location of the fence would block off the access to the west end of the Pedestrian Easement and, in essence, this area would become part of the private side and rear yards of Lots 24 and 26. HICA installed and has maintained the stamped concrete pavement located in the Pedestrian Easement shown on Photo 1 of the Staff Report in front of the parked pickup truck. This stamped concrete pavement matches the stamped concrete pavement in the Street Easement. The majority of the five-member HICA Board of Directors met onsite with Mrs. Terri Quinn, the Owner of Lots 24, to discuss the location and height of the proposed fence. Mr. Michael Hayde, the Owner of Lot 26, was invited, but he did not attend the onsite meeting. At this meeting, the HICA Board Members told Mrs. Quinn that they would recommend to the HICA Board that the Board approve the location and height of the proposed fence on the condition that the Owners of Lots 24 and 26 not use the area between the fence and the Street Easement for parking. Mrs. Quinn agreed to this condition. The HICA Board met and unanimously agreed to support the request to install the fence as set forth on the current application with the condition that the Owners of Lots 24 and 26 not park in the area between the new fence and the Street Easement. Based upon this HICA would agree to continue to maintain that area. If the Owners of Lots 24 and 26 refuse to accept the condition to not park between the new fence and the Street Easement, HICA would object to locating the new wall and fence on any portion of the Pedestrian Easement. Very truly yours, Harbor Island Community Association Board of Directors Planning Commission - January 23, 2020 Item No. 3a Additional Materials 24 Harbor Island Property Line Wall Variance (PA2019-059) Community Development Department CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment Memorandum To: Planning Commissioners From: Chelsea Crager, Associate Planner Date: January 22, 2020 Re: 24 Harbor Island Property Line Variance (PA2019-059) The staff report for the 24 Harbor Island Property Line Variance (PA2019 -059) contained an error in Table 1 – Development Standards. Specifically, Table 1 indicated that the single-family residence currently under construction at the subject property proposed a 0-foot setback where a 15-foot setback is required. The residence was approved in 2017 and complies with all applicable development standards. The table has been updated in redline/strikeout format and is shown below. Table 1 – Development Standards Development Standard Standard ProposedApproved by Plan Check No. 0223-2016 Setbacks (min.) Front (island interior) 15 feet 023 feet Front (water) 15 feet 15 feet Side (west) 4 feet 5 feet Side (east) 11.5 feet 14.5 feet Allowable Floor Area (max.) 21,280 square feet 9,758 square feet Allowable 3rd Floor Area (max.) 1,596 square feet 0 square feet Open Space (min.) 1,596 square feet >1,600 square feet Parking (min.) 3-car garage 3-car garage Height (max.) 24-foot flat roof 29-foot sloped roof 29-foot sloped roof Planning Commission - January 23, 2020 Item No. 3b Additional Materials 24 Harbor Island Property Line Wall Variance (PA2019-059) 24 Harbor Island Property Line Wall Variance 24 Harbor Island Planning Commission Public Hearing January 23, 2020 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting 24 Harbor Island Property Line Wall Variance (PA2019-059) Introduction Request to increase property line wall height Variance, Coastal Development Permit Side setback area regulated as a front 42-inch maximum wall height 6-foot wall requested Community Development Department -Planning Division 2 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting 24 Harbor Island Property Line Wall Variance (PA2019-059) Vicinity Map Community Development Department -Planning Division 3 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting 24 Harbor Island Property Line Wall Variance (PA2019-059) Background Community Development Department -Planning Division 4 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting 24 Harbor Island Property Line Wall Variance (PA2019-059) Setbacks Community Development Department -Planning Division 5 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting 24 Harbor Island Property Line Wall Variance (PA2019-059) Community Development Department -Planning Division 6 Project Plans Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting 24 Harbor Island Property Line Wall Variance (PA2019-059) Site Photos Community Development Department -Planning Division 7 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting 24 Harbor Island Property Line Wall Variance (PA2019-059) Site Photos Community Development Department -Planning Division 8 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting 24 Harbor Island Property Line Wall Variance (PA2019-059) Variance Findings 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. Strict compliance with the Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. 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. 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. 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 Community Development Department -Planning Division 9 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting 24 Harbor Island Property Line Wall Variance (PA2019-059) CEQA Review Exempt pursuant to Section 15303 under Class 3 (new construction or conversion of small structures) Community Development Department -Planning Division 10 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting 24 Harbor Island Property Line Wall Variance (PA2019-059) Recommended Action Conduct a public hearing Find project exempt from CEQA pursuant to Section 15303 of the CEQA Guidelines Adopt Resolution No. PC2020-001 approving Coastal Development Permit No. CD2019-021 and Variance No. VA2019 -004 Community Development Department -Planning Division 11 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting 24 Harbor Island Property Line Wall Variance (PA2019-059) For more information Contact Questions?Chelsea Crager 949-644-3227 ccrager@newportbeachca.gov www.newportbeachca.gov Community Development Department -Planning Division 12 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting 24 Harbor Island Property Line Wall Variance (PA2019-059) 24 Harbor Island VARIANCE REQUEST 1 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Project Site 2 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Project Summary Variance to increase height of approved wall from 3.5' to 6' No change in location Variance request necessary because this side of the property is considered a front yard, not a side yard Property has three front yards 6' wall would be allowed by right in side yard 3.5' wall is allowed by right in front yard 3 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Project History Project plans submitted to Harbor Island Community Association in 2015 Association requested changes to the location of the walls nearest the street Revisions were made and Association approved the updated plan in October 2015 City issued Approval in Concept in December 2015 California Coastal Commission issued a Coastal Development Permit in September 2017 City approved Building Permit in November 2017 All approvals include 3.5' wall in same location 4 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Approved Location of 3.5' Wall 5 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Approved Location of 3.5’ Wall 6 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Allowable Location of 3.5’ Wall 7 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Variance Request Modify approved wall from 3.5' to 6' in height starting 26’ from the property line No change to wall location No encroachment along street-side front setback No encroachment along bay-side front setback 8 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Variance Request 9 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Request Increase approved wall height from 3.5' to 6' No change in location 10 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) 11 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Association Approval 2015 Meeting with Association to review plan Association requested changes including relocating the first 50' of the wall near the street 9' away from the property line Plan revised and resubmitted Association Approved updated site plan October 14, 2015 Association letter approved project based on the changes to the wall location Association approval letter is found on the cover page of the plans approved by the City 12 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Original Plan 13 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Requested Modifications 14 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Association Approved Plan 15 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) 16 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Private Easement –1926 Subdivision 30' private roadway easement between lots 7 and 8 15' private walkway easement between lots 24 and 26 Area between these four lots was intended to have a bridge and pedestrian walkway around the entire island. Bridge and pedestrian walkway never implemented Encroachments approved for the other three properties 17 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Approved Encroachments 18 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) HOA Treatment of Easement Area –Lots 7 and 8 19 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) 7 and 8 Harbor Island Encroachments 7 –Variance for 12.5' encroachment of house into setback 8 –Modification permit for 8' encroachment of house into setback Walls greater than 3.5' built within setback up to property line 20 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) 26 Harbor Island Encroachments 5' encroachment of the first floor 7' encroachment of the second floor 1.5' roof overhang beyond the second-floor building wall Property faces proposed wall Sent letter offering full support and urging approval 21 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Community Character 22 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Community Character 23 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Community Character 24 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Community Character 25 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) Summary Request approval for increase in height of side yard wall from 3.5' to 6' No change to wall location Association approved the plan in 2015, after requested changes to the wall location were made Consistent with community character and supported by next door neighbor Variances findings provided by Staff have been met 26 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) 27 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) 28 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) 29 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059) 30 Planning Commission -January 23, 2020 Item No. 3c Additional Materials Presented At Meeting - Applicant 24 Harbor Island Property Line Wall Variance (PA2019-059)