HomeMy WebLinkAbout20130522_ApplicationPlanning Permit Application
Community Development Department
Planning Division
100 Civic Center Drive / P.O. Box 1768/ Newport Beach, CA 92658-8915
(949)644-3204 Telephone / (949)644-3229 Facsimile
www.newportbeachca.gov
1. Check Permits Requested:
o Approval-in-Concept o Coastal Residential Development o Condominium Conversion o Comprehensive Sign Program
ODevelopment Agreement o Development Plan o Lot Line Adjustment o Lot Merger
OLimited Term Permit-o Seasonal D < 90 day 0 >90 days o Modification Permit o Off-Site Parking Agreement o Planned Community Development Plan o Planned Development Permit o Site Development Review -0 Major 0 Minor o Parcel Map
o Staff Approval
OTract Map o Traffic Study o Use Permit -OMinor DConditional o Amendment to existing Use Permit
,aVariance o Amendment -OCode OPC OGP DLCP o Other:. _________ _
2. Project Address(es)/Assessor's Parcel No(s).: 2?2..'QS CX'£Db 12\Vd) C'1XC1'O de\ tvGV
3. Project Description and Justification (Attach additional sheets if necessary): 05")..-17...0-S4-
"Sa.. A1'T~ u=..tD:.R,
4. Applicant Name(s): wun C:t1h LA with 'P;rion \lfIAnnf"Jt'tV NC\'111C;CtUYB
Address: 410 OLd Hew~r:t t?\Vd
City/State/Zip: ~act:L ~~~ 5. Contact: Ph~;: -~~)x:9fl-!1I-S-=£!B?;, Email:t.mliI0qr~~W1
Address: ______________________________ __
City/State/Zip: __________________________ _
Phone: Fax: Email: ---------
6. Property Owner Name(s): }Atzar ana NQda -rannit:
Address: 52'23= c-ec\ar CXk?-€K12riVE;
City/State/Zip: HCL\~n) -rA. =f3-GSl 0
Phone:9-:i9 04:SSBStt Fax: Email: ______ _
7. Property Owner's Affidavit*:
(I) (We) ~ b-.N\-.\n~ A1.tt\\~QA11~ \'-1R depose and say that (I am) (we are) the owner(s) of
the property (ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing
statements and answers herein contained and the information herewith submitted are in all respects true and
correct to the best of (my) (our) knowledge and belief.
Signature(s): ci)u,.~. WUf..l S1!I:. }....i Date: 15/2. \ hel;'
*May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the
application. Please note, the owner(s)' signature for ParcelfTract Map and Lot Line Adjustment Application must be notarized.
F:IUserslCDDlSharedlAdminlPlanninLDivisionlApplicationslPlanning Permit Application.docx
Updated 3/11/13
FOR OFFICE USE ONLY
Indicate Previous Planning Activity: .
Legal Description: OSJ -\)..0 ~ 5~ Date Filed > C) -,..}) -I ~
General Plan Designation: ~5 -D Fee Pd: $"5 OOD
Zoning District: f( -\ Receipt No: R. 0 nno ?.:JX 0 5~ Jill'
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Coastal zone:~Yes 0 No o 2700-5000 Account
Environmental Review: 0 Yes ONo Deposit Acc! No. Od 9 -~ q5 05
Priority Project: 0 Yes ONo Form of Payment: 0 Credit Card
Council District No .: to ~Check Check No. Cfo 't Rio a 159
Community Association: Development No: D.:2 0 \ 0 -0 \·3 \
?YQ a.W.NS~;\lf Ass.~ Project No : Pp,-z,o\3 -\ \ 0
Activity No: VA'2-D \ 3 -DO t
Date Deemed Complete: Posting Date:
OP.C. Hearing: P.C. Action:
Appealed to: OCC: Date of Appeal:
Hearing Date: Action:
O Zoning Administrator Hearing: ZA Action:
Appealed to: OPC Dcc: Date of Appeal:
Hearing Date : Action:
OCommunity Development Director COD Action:
Appealed to: OPC O CC: Date of Appeal:
Hearing Date: Action:
ORefund Amount: Date :
Remarks:
F:\Users\COQ\Shared\Admin\Planning~Djvjsion\Appljcatjons\Office Use Only.clocx
Updated 07/07111
May 22, 2013
City of Newport Beach
Community Development Department
Planning Division
100 Civic Center Drive
Newport Beach, CA 92660
Re: Variance Application
3235 Ocean Blvd. (Tannir Residence)
Project Description
The proposed new building is a 3 level single family residence located between Ocean Blvd. and
Breakers Drive with a 2-car Garage off of Ocean and a second 2-car Garage structure below off of
Breakers. Both structures meet the City’s height limit, rear & side yard setback requirements, and
conform to the Bluff Overlay Map B-6 found in section 20.28 of the Newport Beach Zoning Code.
Overlay Map B-6 provides for development down to the 48 foot contour in this stretch of Ocean Blvd.
and up from Breakers to the 33 foot contour. However, due to the fact that the California Coastal
Commission denied the adjacent property (3225 Ocean Blvd) the ability to build to the contours
established by this Map, we have chosen to design the structure based on the development guidelines
established there per CDP 5-12-260. In this case the furthest development down from the top at Ocean
was the 56 foot contour and up from the bottom at Breakers was at elevation 26.75’. This
determination creates a smaller building envelope than would otherwise be allowed by strict application
of the City of Newport Beach’s zoning requirements. This does allow us to provide an enhanced view to
the bluff looking back towards Ocean Blvd. from the beach. To respond to the loss in square footage in
exchange for the enhanced green zone, we are asking for a variance to encroach 10’-0” into the front
yard setback (to the property line) with habitable area off of the lower level only - completely
subterranean. This will not impact the mass or scale of the structure, nor will it be evident from the
public sidewalk, beach, or neighboring houses. This enables to gain back a small percentage of the
square footage lost in pulling the building up the bluff. In addition, we propose to retain the existing
stairway on the bluff that currently connects the lower garage structure with the upper house structure.
In order to marry it to the new design there is a short 12’-7” length that must be rebuilt in the sideyard
setback area. This portion is merely an extension of the existing stair, but the stair railing does end up
being over the allowable height limit in the sideyard setback by approximately 3’-0” max.
Page 2 of 4
470 Old Newport Blvd • Newport Beach, CA 92663 • T: 949.645.5854 F: 949.645.5983
Members AIA & NCARB • www.customarchitecture.com Energy Conscious Design
Justifications
1. There are special or unique circumstances or conditions applicable to this property that do not
apply generally to other properties in the vicinity under an identical zoning classification.
The other homes in the Ocean Blvd. Bluff Overlay District have not been held to the same
restrictions as the California Coastal Commission has recently placed on the neighboring
property at 3225 Ocean Blvd. We therefore feel it necessary to follow the guideline set forth in
that approval and considerably minimize the building envelope. Due to these restrictions
imposed by the California Coastal Commission, this project (like the one next door) could never
take advantage of the 1.5 maximum buildable area (12,341 SF) since it cannot be developed to
the 48 foot contour, nor can the garage be built with a second level up to the 33 foot contour
from the base of the lot as defined in the City’s B-overlay development. With this in mind, we
respectfully request the City to grant us a variance for a 10 foot subterranean front yard
encroachment at the Lower Level (Basement) of the main house so that the property owners
might regain a small portion of the square footage that they are rightfully entitled.
2. Strict compliance with the Zoning Code requirements would deprive this property of privileges
enjoyed by other properties in the vicinity and under identical zoning classification.
Due to the previous restrictions imposed by the California Coastal Commission on this stretch of
Ocean Blvd., as well as the unique topography and lot configurations that exist, there is no
possible way for the landowner to take full advantage of the maximum buildable area that the
lot offers. Although the City’s Map B-6 allows development down to the 48 foot contour on this
stretch of Ocean Blvd., the California Coastal Commission denied the property adjacent to this
site (3225 Ocean Blvd) the ability to extend down to 48 and instead determined that
development would have to be held to the existing building footprint, in this case the 56 foot
contour. In addition, the City has established that development can go no higher than the 33
foot contour from the base of the lot. CCC objected to the height of development here as well,
and requested that the garage structure off of Breakers be reduced in order for the project to be
considered. Knowing this recent history, we have designed this project at 3235 Ocean to meet
these development guidelines set forth by the California Coastal Commission. Even with the
variance request for the subterranean area, the proposed structure is considerably below the
buildable area that many neighboring structures enjoy. The proposed development is 65% of
the maximum allowed on site. In addition, the proposal to add to the existing stair located in
the Southerly side yard so that it can be used with the new design is in line with what other
properties in the vicinity enjoy – access from the front to rear, top to bottom of their property.
Page 3 of 4
470 Old Newport Blvd • Newport Beach, CA 92663 • T: 949.645.5854 F: 949.645.5983
Members AIA & NCARB • www.customarchitecture.com Energy Conscious Design
3. Granting the Variance is necessary for the preservation and enjoyment of substantial property
rights.
This property should not be penalized and should be able to garner square footage
commensurate with others in the neighborhood. The majority of the subject property is
unimproved coastal bluff. Granting the requested subterranean front yard setback
encroachment will limit extensive alteration to the coastal bluff face while allowing the property
owner to regain a small portion of the 1.5x building area that other neighbors have already
enjoyed. In addition, retaining the existing stair on the bluff and adding a short 12’-7” length in
the sideyard provides for connection of the top structure and bottom structure while causing
the least amount of disruption to the coastal bluff. A majority of the houses along this part of
Ocean Blvd. have stairs down the bluff to Breakers/the beach. Even with the variance request,
the proposed structure is in line with neighboring homes on similar sized parcels. Additionally,
the 10 foot front yard setback will be maintained above grade with landscaping and be used an
open patio providing visual relief.
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.
The project is consistent and compatible with properties in the vicinity. Similar subterranean
setback encroachments have been previously approved down on 3225 Ocean Blvd (VA 2012-
003/ PA 2012-089), 3415 Ocean Blvd (PA 2003-006), and 3431 Ocean Blvd (PA 2002-085). Due
to the restrictions imposed by the California Coastal Commission on this site, the subject site has
a tighter development envelope and there is no possible way to take advantage of the City’s 1.5
times maximum buildable area. Even with the variance request, the proposed structure is
considerably smaller in floor area than the maximum buildable area allowed on the site.
5. Granting of the Variance will not be detrimental to the harmonious and orderly growth of the
City, or 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.
The requested subterranean setback encroachment will not be a detriment to the general public
and neighborhood since it is below grade, cannot be seen from the street level, will not block
public or private views, and will be approximately 25 feet from the existing sidewalk and 50 feet
from Ocean Boulevard. Furthermore, it will not affect the flow of air or light to adjoining
residential properties in that the required 10 foot front yard setback is maintained above grade.
This subterranean development allows for more open space on site in the Development Area
‘C’, avoids additional development on the slope, and preserves public views from Ocean
Boulevard.
Page 4 of 4
470 Old Newport Blvd • Newport Beach, CA 92663 • T: 949.645.5854 F: 949.645.5983
Members AIA & NCARB • www.customarchitecture.com Energy Conscious Design
6. Granting of the Variance will not be in conflict with the intent and purpose of the Zoning Code
or General Plan, or any available specific plan.
The project remains compatible with the neighborhood, the Zoning Code, and the General Plan.
The subject property is designed for single family residential use with four car garage parking
and the granting of the variance would not increase the density beyond what is planned for the
area; thereby avoiding additional traffic, parking, and/or demand for other public services.
Additionally, the building will not adversely impact the designated public views from Ocean
Boulevard as it adheres to the top-of-curb height restriction. More importantly, by maintaining
the smaller building footprint and existing stair, it allows for more open coastal bluff face than is
required in the Development Area ‘C’ for the enjoyment of the neighbor and general public and
will result in a structure that is compatible with surrounding dwellings located along the coastal
bluff with respect to size, bulk, and design.
Please do not hesitate to call with any questions regarding this application.
Best regards,
Amy J. Creager
Amy J. Creager, AIA, LEED AP
Principal
February 18, 2010
TO WHOM IT MAY CONCERN:
I hereby authorize Brion Jeannette Architecture to represent me in all matters
pertaining to my Building Permit Applications for my property at 3235 Ocean Blvd.,
Corona del Mar, California, County of Orange and to sign documents for me, if
necessary.
Sincerely,
Nizar Tannir . ~
3235 Ocean Blvd.
Corona del Mar, CA
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.9"3235 Ocean Blvd.
Corona del Mar, CA
Date
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