HomeMy WebLinkAboutPA2022-168_20220812_CDD Action LetterCommunity Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Director’s Determination
To: Planning Division
From: Seimone Jurjis, Community Development Director
Date: August 12, 2022
Re: Director’s Determination Regarding Maximum Site Area Within Area 9
of the Harbor View Hills Planned Community (PA2022-0168)
________________________________________________________________
Summary
The Harbor View Hills Planned Community (PC-3) limits Maximum Site Area to 50
percent of the lot; however, the 50 percent limit is inconsistent with the actual
development pattern of the community, inconsistent with the Spyglass Hills
Architectural Standards of the Homeowners Association, and unfairly penalizes
lots that do not include a rear slope within the boundaries of the property lines. PC-
3 defines the Maximum Site Area as the aggregate building coverage of the lot,
including all areas under the roof but shall not include trellis.
Background
Area 9 (Attachment A) consists of hillside single-family residential dwellings
developed as Tracts 7432 and 7510 in 1972. A majority of lots within the hillside
community include a vegetated slope at the rear of the lot, which is included when
calculating the Maximum Site Area. However, a row of hillside lots facing the
Pacific View Memorial Park to the west are shallow and do not include the slope
with their lot boundaries. The absence of slope area within the lot boundaries
negatively impacts the Maximum Site Area and unfairly reduces their buildable
area within the flat portions of the lot as compared to the lots that include the
unusable slope area. The properties within Area 9 were all originally permitted and
developed in 1972 with the various models for the entire tract resulting in a
compliant 50 percent lot coverage for those lots that include slopes and a lot
coverage that exceeds the 50 percent standard for those lots that do not include
slopes (Attachment B). For example, 31 Carmel Bay (Lot 29 of Tract 7510) was
originally developed with site coverage of approximately 63 percent (Attachment
C).
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Furthermore, the Spyglass Hill Architectural and Landscaping Standards limit the
Maximum Site Area (Lot Coverage) to 60 percent of the flat pad area of the lot. By
excluding the slope, the Homeowner’s Association standard equitably regulates
Maximum Site Area and ensures each lot in the community maintains the same
development rights (Attachment D).
Authority
Sections 20.12.020 (Rules of Interpretation) of the Newport Beach Municipal Code
(NBMC) authorize the Community Development Director to interpret the meaning of
provisions of the Zoning Code, including maps, and to apply and/or enforce the
codes.
Director’s Determination
The Community Development Director of the City of Newport Beach hereby
determines that the development of lots within Area 9 of the Harbor View Hills
Planned Community (PC-3) shall be permitted to exceed the Maximum Site Area
of 50 percent of the lot, up to a maximum of 60 percent of the flat portion of the lot.
All decisions of the Community Development Director may be appealed to, or
called for review by, the Planning Commission under NBMC Chapters 20.64
(Appeals and Calls for Review) and within fourteen (14) days following the date of
this decision.
Attachments
A- PC-3 Land Use Plan Boundaries (Area 9 Highlighted)
B- Lot Comparison Exhibit
C- 31 Carmel Bay Drive Site Area Calculations
D- Excerpts from Spyglass Hill Architectural and Landscaping Standards
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ATTACHMENT A
PC-3 Land Use Plan Boundaries (Area 9 Highlighted)
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ATTACHMENT B
Lot Comparison Exhibit
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ATTACHMENT C
31 Carmel Bay Drive Site Area Calculations
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ATTACHMENT D
Excerpts from Spyglass Hill Architectural and Landscaping Standards
(Rev. March 2017)
Subsection C (Building Envelope) of Section IV (Site Development)
Subsection E (1) (Plot Plan and Lot Coverage) of Section II (The Submission
Process)