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HomeMy WebLinkAboutPA2022-0315_20221221_Project DescriptionBlues 1905, LLC 2741 Ocean Boulevard Coastal Development Permit & Modification Permit 1 2741 Ocean Boulevard Costal Development Permit Modification Permit Project Description Request for approval of a coastal development permit to allow additions and alterations to an existing non-conforming 5-level single-family residence with a two-car garage and single car garage. Two additional garage spaces slightly smaller than the code minimum yet large enough to reasonable accommodate most vehicles are also provided as part of the existing home. The addition is 2,511 net square feet to the existing 5,781 square foot home. The resulting home will be 8,292 square feet on the existing 10,360 square foot residential lot. The project includes grading, hardscape, drainage, a swimming pool, landscaping, and other accessory structures. The preliminary grading plan shows 1,020 cubic yards of cut and export of cut to accommodate the remodel to the existing home. The remodeled residence complies with all applicable development standards included in Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code. This includes applicable development standards related to setbacks, floor area limit, parking, grading, drainage. Importantly, no increase in height above the existing top of roof is proposed. The remodeled home has also been designed to comply with development standards related to additions and alterations to non-conforming structures and with the Ocean Boulevard top of curb height limit standard. In addition to the coastal development permit, a request for approval of a modification permit is included in the application to allow a retaining wall greater than 42 inches to existing grade to be located within the 10-foot front yard (Ocean Boulevard) setback. The retaining wall is integral to the stairs that provide access to the home from Ocean Boulevard and help protect the health and safety of people using the stairs. The property is located on a through lot between Ocean Boulevard and Way Lane in China Cove. The 10,360 square foot lot is irregularly shaped and slopes steeply from Ocean Boulevard to Way Lane. The property is currently developed with a 5,781 square foot 5-level single family residence. Parking is provided by an existing two car garage and a single car garage. The existing home was constructed in compliance with previous development standards and variances, including, Variance Nos. VA653, VA1137, and VA1137A. Additionally, the existing home encroaches into the northerly side setbacks and into the 10-foot Way Lane setback. The property is located in an existing single-family neighborhood in Corona del Mar. Lots along Way Lane and Ocean Boulevard are developed with homes of similar bulk and Blues 1905, LLC 2741 Ocean Boulevard Coastal Development Permit & Modification Permit 2 scale relative to lot size. Many of these homes and others on the seaward side of Ocean Boulevard have received variance and modification permit approvals which were necessary to ensure development could be achieved due to steep topography and the irregular shape of some lots. Interior lots are typically developed with 2-3 story high homes. Most recent and newly constructed homes are built to the maximum height of 29 feet and maximum floor area limits. Adjacent to the property is Lookout Point and the public access stairs and path from Ocean Boulevard to Way Lane and China Cove. Care has been taken to remodel the existing home to not affect public views or access. The updated and remodeled home and landscaped areas will be an enormous aesthetic improvement to the area and will not impact public views or public access to the bluff top or coast. The application submittal package includes the following documents: • Owners Affidavit • Project justification and findings for approval of a coastal development permit • Project justification and findings for approval of coastal development permit modification. • Project justification and findings for approval of a modification permit. • Project plans including architectural, preliminary grading, erosion control, drainage, landscape. • Technical reports and studies including geotechnical report, WQMP (WQHP), project constructability, • Public notice notification package Blues 1905, LLC 2741 Ocean Boulevard Coastal Development Permit 1 Coastal Development Permit – Justification and Findings for Approval Pursuant to Chapter 21.52 (Coastal Development Review Procedures) of the Newport Beach Local Coastal Implementation Plan, Blues 1905, LLC requests approval of a coastal development permit to allow a 2,511 square foot addition and alterations to an existing non-conforming 5,781 square foot, 5-level single-family residence with a two-car garage and single car garage. Two additional garage spaces slightly smaller than the code minimum yet large enough to reasonable accommodate most vehicles are also provided as part of the existing home. The resulting home will be approximately 8,292 square feet on the existing 10,360 square foot residential lot. The remodeling project includes grading, hardscape, walls, shoring, drainage, a swimming pool, landscaping, and other accessory structures. In accordance with Section 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. • The subject property is designated Single Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District and the existing and proposed residence is a single unit home. • The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached (RSD-B) (6.0- 9.9 DU/AC), and it is located within the Single-Unit Residential (R-1) Coastal Zoning District. There is no change to residential density because the existing and remodeled residence is single unit home. • The proposed additions and alterations to the existing home comply with all applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, parking, and non-conforming structure regulations. • The buildable area of the property is 6,813 square feet and the corresponding floor area limit (FAL) is 10,219.5 square feet (6,813x1.5). Therefore, the proposed 8,292 square foot home is 1,927 square feet less than allowed maximum square footage. • Pursuant to NBMC Section 20.38.040(G)(1), a nonconforming structure can be expanded up to fifty (50) percent of the gross floor area of the existing structure within any ten (10) year period. The existing structure is approximately 5,781 Blues 1905, LLC 2741 Ocean Boulevard Coastal Development Permit 2 square feet which would allow a maximum addition of 2,890.5 square feet for maximum floor area of 8,671.5 square feet. The proposed home after the addition is 8,292 square feet, which is only 2,511 square feet more and less than the allowable 2,890.5 square feet allowed; therefore, the proposed addition to the existing home complies with the 50% addition limit in NBMC Section 20.38.040(G)(1). • The proposed additions provide the minimum required setbacks, which are 10 feet along the front property line abutting Ocean Boulevard, 4 feet along each side property line and 10 feet along the rear property line adjacent to Way Lane. • All additions will comply with the 24/29-foot R-1 height limit. The existing top of roof elevations will not change. Additionally, the number of chimneys that exceed the top of roof height will be reduced from three to one. • The project includes garage parking spaces for a total of three (3) vehicles, complying with the minimum three (3)-car garage parking requirement for single-family residences with greater than 4,000 square feet of habitable floor area. Two additional garage spaces slightly smaller than the code minimum yet large enough to reasonable accommodate most vehicles are also provided as part of the existing home. • The proposed remodeling project includes a vastly upgraded drainage system, Water Quality Management Plan WQMP (WQHP) and Construction Pollution Prevention Plan (CPPP) that include current Best Management Practices (BMPs) and will greatly enhance site drainage and bring the entire site into compliance with current water quality and drainage standards. This feature is particularly important given the proximity to China Cove, and represents an improvement over existing condition. • The proposed remodeling project includes upgraded landscaping that will comply with all applicable regulations related water efficiency including, irrigation systems and drought tolerant plantings. The updated landscaping will improve water efficiency and be an aesthetic upgrade to the area. • Geotechnical and soils studies have been prepared and the proposed remodeling project has been designed consistent with the recommendations in the studies. Additionally, the structural engineers and contractors are experienced in bluff construction and have developed a constructability plan that details the approach to demolition, excavation, and monitoring to minimize and eliminate potential impacts. Blues 1905, LLC 2741 Ocean Boulevard Coastal Development Permit 3 Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. • The existing residential lot is located between the first public road and the sea. The property does not currently provide nor inhibit public coastal access. Public access to Lookout Point is adjacent to the property. Additionally, pedestrian public access is provided by stairs from Lookout Point to Way Lane and China Code are located adjacent to the property. The proposed remodeling project would not alter or impact existing public access. • The proposed additions and alterations would not increase the top of roof height as seen from Ocean Boulevard and would reduce the number of chimney projecting above the roof from three to one. Coastal views from Ocean Boulevard would not be impacted, and may even improve based upon the reduction in the number of chimneys projecting above the roof height. • The proposed additions and alterations would not project further seaward than the existing improvements. Therefore, public views of the sea or shoreline will not be blocked or impaired. Blues 1905, LLC 2741 Ocean Boulevard Modification Permit Coastal Zone Findings 1 Coastal Development Permit Modification Findings and Justification Pursuant to Section 21.52.090 (Relief from Implementation Plan Development Standards), Blues 1905, LLC requests approval of a modification permit for a portion of a retaining wall that is over 42-inches from existing grade. The retaining wall is part of a front entry stair/access structure located adjacent to Ocean Boulevard. The stairway will provide the owner and guests building and safety code compliant access to the home. Justification and Required Findings Pursuant to Section 21.52.090(D), the Zoning Administrator may approve or conditionally approve a Modification Permit if, on the basis of the application, materials, plans, and testimony (orally and/or in writing) submitted, s/he first finds all of the following: 1. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Implementation Plan results in physical hardships; or • The lot is a sloping bluff lot adjacent to Ocean Boulevard that hinders the design of a building code compliant access to the front door of the home. 2. 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; and • The requested modification is to allow a building and safety code compliant stair access from Ocean Boulevard to the front door of the home. The required 10-foot front yard setback area is comprised of a steep slope from Ocean Boulevard towards the interior of the lot. The steep topography precludes the design of an entry stair that complies both with building and safety codes and zoning standards. 3. The modification or variance complies with the findings required to approve a coastal development permit in Section 21.52.015(F); • Please refer to the coastal development permit justification and findings for approval submitted with this application 4. The modification or 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; Blues 1905, LLC 2741 Ocean Boulevard Modification Permit Coastal Zone Findings 2 • The existing residential lot is located between the first public road and the sea. The property does not currently provide nor inhibit public coastal access. Public access to Lookout Point is adjacent to the property. Additionally, pedestrian public access is provided by stairs from Lookout Point to Way Lane and China Cove are located adjacent to the property. The proposed remodeling project would not alter or impact existing public access. 5. The modification or 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; • The width and length of the requested retaining wall is less than 31 feet and therefore a minor feature given the over 116-foot width of the property and the 10-foot depth of the 1,160 square foot front yard setback area. • The entry feature way has been designed to be located on the northerly side of the property away from Lookout Point. The upper southwesterly portion of the lot, 1,640 square feet adjacent to the Lookout Point public access, will be remain unbuilt to help maintain compatibility with the public access area. • The location of the retaining wall/access will not block, interfere, or significantly impair public views of the shoreline or Pacific Ocean, and will enhance the safety features of the front entry stairs. 6. The modification or 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; and • The property is currently developed with a single-family home, accessory structures and ornamental landscaping. This residential remodeling project with not have an adverse effect, either individually or cumulative on coastal resources and there are no wetlands, sensitive habitat, vegetation, or wildlife species on the property. • All construction will be performed in compliance with applicable building code regulations and policies related to vegetation removal, erosion and pollution control and other requirements. 7. The granting of the modification or variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the certified Local Coastal Program. • The property is a developed with a single-family home and designated for single family home by the Local Coastal Program. The proposed remodel project is to improve the existing single family home consistent with applicable development standards. Blues 1905, LLC 2741 Ocean Boulevard Modification Permit 1 Modification Permit Findings and Justification Pursuant to Sections 20.52.050 (Modification Permits) and 21.52.090 (Coastal Development Review Procedures) of the Newport Beach Local Coastal Implementation Plan, Blues 1905, LLC requests approval of a modification permit for a portion of a retaining wall that is over 42-inches from existing grade. The retaining wall is part of a front entry stair/access structure located adjacent to Ocean Boulevard. The stairway will provide the owner and guests building and safety code compliant access to the home. Justification and Required Findings Pursuant to Section 20.52.050(E), the Zoning Administrator may approve or conditionally approve a Modification Permit if, on the basis of the application, materials, plans, and testimony (orally and/or in writing) submitted, s/he first finds all of the following: 1. The requested modification will be compatible with existing development in the neighborhood; • Due to the sloping topography seaward of Ocean Boulevard, many properties along Ocean Boulevard have small accessory structures, walls and landscaping that exceed height limits. They are typically low in nature like the requested retaining wall. • Requests for variance and modification permits are not uncommon for the sloping and bluff lots. As a result, many structures have been approved that deviate from development standards due to the topographical and lot shape constraints of the individual lots. The requested modification is similar to those granted to neighboring properties located along the seaward side of Ocean Boulevard. 2. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and/or structure, and/or characteristics of the use; • The requested modification is to allow a building and safety code compliant stair access from Ocean Boulevard to the front door of the home. The required 10-foot front yard setback area is comprised of a steep slope from Ocean Boulevard towards the interior of the lot. The steep topography precludes the design of an entry stair that complies both with building and safety codes and zoning standards. 3. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code; Blues 1905, LLC 2741 Ocean Boulevard Modification Permit 2 • As discussed, the lot is a sloping bluff lot adjacent to Ocean Boulevard that hinders the design of a building code compliant access to the front door of the home. The design places the location of the access on the opposite side of the property away from Lookout Point. • Processes for reasonable deviations of the zoning standards are in place for lots with steep sloping topography. As such, many developments along Ocean Boulevard have been granted relief for reasonable and necessary deviations in the past due to the steeply sloping topography. • The proposed remodeled home has been designed to ensure all new added floor area complies with applicable development standards. The proposed remodeled residence is over 1,900 square feet smaller that what is allowed to be developed on the lot. By adding to the existing non-conforming structure, the development will be consistent with the pattern of development of other lots on the northwesterly side of Way Lane, many of which are nonconforming and encroach into the required 10-foot setback. This allows for a 1,640 square foot area of the upper portion of the property adjacent to the Lookout Point public access area to remain unbuilt and landscaped to enhance public access and views. 4. There are no alternatives to the Modification Permit, that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public; and • The width and length of the requested retaining wall is less than 31 feet and therefore a minor feature given the over 116-foot width of the property and the 10-foot depth of the 1,160 square foot front yard setback area. • The entry feature way has been designed to be located on the northerly side of the property away from Lookout Point. The upper southwesterly portion of the lot, 1,640 square feet adjacent to the Lookout Point public access, will be remain unbuilt to help maintain compatibility with the public access area. • The location of the retaining wall/access will not interfere with views of the shoreline or Pacific Ocean, and will enhance the safety features of the front entry stairs. 5. The granting of the modification would not be detrimental to public health, safety, or welfare to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. • Due to the sloping topography, many homes along Ocean Boulevard have small accessory structures, walls and landscaping that exceed height limits. They are typically low in height in order preserve public views similar to the requested Blues 1905, LLC 2741 Ocean Boulevard Modification Permit 3 modification. These approved modifications have not proven detrimental to the public health, safety and welfare. • Approval of the deviation will result in access stairs that comply with building and safety regulations, and help protect the safety of persons using the stairs. • The proposed design of the access feature will not result in a change to density or intensity on the lot.