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Home My WebLink About2.0_Dawson Residence CDP, Modification Permit, Staff Approval_Staff Presentation_PA2022-0315DAWSON RESIDENCE APPEAL (PA2022-0315)2741 OCEAN BOULEVARD November 9, 2023 Planning Commission David Lee, Senior Planner Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 2 PROPERTY LOCATION Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) PROJECT REQUEST 3 •Coastal Development Permit •Remodel and Addition within Coastal Zone •Modification Permit •Retaining walls and guardrails to exceed front setback height limit and Ocean Boulevard curb height limitation •Staff Approval •Find project to be in substantial conformance with previously approved variance Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) BACKGROUND 4 •1961: Variance No. 653 approved by Planning Commission (PC) •Permitted residence with deviation to setback along Ocean Blvd. •1986: Variance No. 1137 approved by PC •Allowed deviation to setback, height limit, and floor area for addition •1988: Amendment to VA1137 approved by PC •Permitted as-built structures that exceeded height limit and encroached into setbacks •1998: Resolution No. 98-66 adopted by City Council •Vacated portion of the Ocean Boulevard right-of-way and reverts back to subject property•Increases lot area and maximum allowed floor area •2017: Variance No. VA2015-005 approved by PC •New residence that exceeded height and setbacks•Never constructed, permit expired Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) PROJECT DESCRIPTION 5 •Remodel existing residence •Add 2,511 SF •Total of 8,292 SF •Addition includes: •New entryway from Ocean •Interior stairway to access all floors •New elevator •Various uses (office, bath, etc.) •Swimming pool •Addition to principal structure below Ocean Blvd. curb height Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 6 SITE PLAN Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 7 PROJECT COMPARISON Existing Proposed Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 8 MASSING REDUCTION Existing Proposed Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 9 PROJECT COMPARISON Existing Proposed Addition Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 10 ENTRYWAY MODIFICATION ProposedExisting FYSBPlanning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) ZONING ADMINISTRATOR APPROVAL AND APPEAL 11 •ZA approved project on August 10, 2023 •Appeal submitted on August 24, 2023 discusses: •Ocean Boulevard Vision Plan •Nonconforming structure that impairs views •Protection of bluff Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) OCEAN BOULEVARD VISION PLAN 12 •Enlarge certain sidewalks, improve landscaping, and remove hedges that restrict views within public right-of-way •Plan is in study phases and has not been adopted •Project is not in any right-of-way •Located entirely on private property Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) NONCONFORMING STRUCTURE 13 •Structure encroaches onto Way Lane setback, which was increased from 2.5’ to 10’ after construction •Garage on Way Lane encroaches into side setback •The features which are nonconforming inconsequential to ocean views from Ocean Boulevard •Public views available from Ocean Boulevard and sidewalk Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 14 OCEAN BOULEVARD VIEWS Existing Proposed Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 15 OCEAN BOULEVARD VIEWS Existing Proposed Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 16 OCEAN BOULEVARD VIEWS Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 17 OCEAN BOULEVARD VIEWS Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) CLUP POLICY 4.4.3-9 18 Where principal structures exist on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar, require all new development to be sited in accordance with the predominant line of existing development in order to protect public coastal views. Establish a predominant line of development for both principle structures and accessory improvements. The setback shall be increased where necessary to ensure safety and stability of the development. •Does not apply Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) BLUFF DEVELOPMENT 19 •Appellant argues area of addition should be protected •CLUP allows private development along this portion of Ocean Boulevard •Historical bluff has been significantly altered and developed along this block •Not located within Bluff Overlay, which implements bluff protection policies of CLUP Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 20 BLUFF OVERLAY Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) NOT LOCATED IN BLUFF OVERLAY 21 Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 22 DEVELOPMENT ALONG OCEAN BOULEVARDPlanning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) SLOPE ALTERATION 23 •Necessary to provide interior access between floors through a new staircase and elevator •Not visible from Ocean Boulevard •Not visible from Way Lane due to existing residence Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) RECOMMENDATION 24 1)Conduct a public hearing; 2)Find the project consistent with the Mitigated Negative Declaration approved with VA 1137 and exempt under Class 3 CEQA Exemption (New Construction or Conversion of Small Structures); and 3)Adopt Resolution No. PC2023-037, denying the appeal and upholding the action of the Zoning Administrator and approving PA 2023-0315 for a CDP, Modification Permit, and Staff Approval. Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 25 QUESTIONS AND DISCUSSION David Lee, Senior Planner 949-644-3225, dlee@newportbeachca.gov Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 26 OCEAN BLVD VIEWS Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 27 OCEAN BLVD VIEWS Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 28 OCEAN BLVD VIEWS Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 29 OCEAN BLVD VIEWS Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 30 WEST JETTY VIEW PARK Existing Structure Proposed Structure Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 31 PUBLIC ACCESS Existing Structure Existing Lower Stairs Existing Stairs connect to lower stairs Lookout Point Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) CLUP POLICY 2.2.5-1 32 Legal nonconforming structures shall be brought into conformity in an equitable, reasonable, and timely manner as rebuilding occurs. Limited renovations that improve the physical quality and character of the buildings may be allowed. Rebuilding after catastrophic damage or destruction due to a natural event, an act of public enemy, or accident may be allowed in limited circumstances that do not conflict with other policies and of the Coastal Land Use Plan. Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) CLUP POLICY 4.4.3-9 33 Where principal structures exist on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar, require all new development to be sited in accordance with the predominant line of existing development in order to protect public coastal views. Establish a predominant line of development for both principle structures and accessory improvements. The setback shall be increased where necessary to ensure safety and stability of the development. Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 34 PREDOMINANT LINE OF DEVELOPMENTPlanning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 35 DEDICATION OF RIGHT-OF-WAY Pre-Dedication Post-Dedication Lot Area 4,971 SF 10,360 SF Maximum Floor Area 4,087.5 SF 10,038 SF Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) DEDICATION OF RIGHT-OF-WAY 36 •Covenant Agreement entered in 1999 •Deemed unsuitable for public improvement due to slopes •Previously improved for over 25 years •Required principal structure within ROW to comply with development standards •Restrictions on landscaping to protect views Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 1998 VACATION OF RIGHT-OF-WAY 37 •Minutes from 1998 Council Meeting provide reasons •ROW unsuitable for public benefit •Abandonment relieves City liability •City receives tax benefit of adding the land to the tax roll •Restrictive covenant will be enforceable •Abandonment occurred in 1998. Requirement for CDP for abandonments became clear in LCP in 2017. •The property lines, including vacated ROW, are memorialized and adopted in LCP maps Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) CERTIFIED COASTAL MAPS 38 Implementation Map Setback Map S-10B Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315) 39 BLUFF PRESERVATION Planning Commission - November 9, 2023 Item No. 2e - Additional Materials Presented at the Meeting Dawson Residence CDP, Modification Permit, Staff Approval (PA2022-0315)