Loading...
HomeMy WebLinkAbout2003-60 - 3431 Ocean Blvd Modification PermitRESOLUTION NO. 2003- 60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING VARIANCE NO. 2003 -005 (PA2003 -180) AND APPROVING AN AMENDMENT TO MODIFICATION PERMIT NO. 2002 -049 FOR PROPERTY LOCATED AT 3431 OCEAN BOULEVARD (PA2003 -180). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Tom Stewart/Fleetwood Joiner Associates on behalf of the property owners, Lawrence and Lana Tabak, with respect to property located at 3431 Ocean Boulevard, and legally described as Lot 8, Tract 1257, requesting approval of a Variance to construct a 7,325 square foot residence that would exceed the 24 -foot height limit and an amendment to Modification Permit No. 2002 -049 to allow portions of a proposed single family residence to encroach up to 8 feet into the required 10 -foot front yard setback. Both the Land Use Element of the General Plan and the Zoning Code designate the site as Single Family Detached Residential. Section 2. A public hearing was held by the Planning Commission on September 18, 2003, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. At the conclusion of this meeting, the Planning Commission acted to deny the Variance and approve the Modification Permit. Section 3. A public hearing was held by the City Council on October 14, 2003 and November 12, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the City Council at these meetings. Section 4. The City Council finds that the requested variance is not justified and is hereby denied for the following reasons: a) Although the property has topological constraints, the applicant has chosen to heavily excavate the property, which alleviates the topography constraint, rather than developing the property utilizing the current physical characteristics. Therefore, there are no exceptional or extraordinary circumstances applying to the property or use referred to in the application that would preclude development of the property with a single family residence designed in compliance with the height limit. The previously approved plans for Modification Permit No. 2002 -049 show that a residence at or near the maximum allowable floor area allowed can be designed within the 24 -foot height limit. b) The granting of the application is not necessary for the preservation and enjoyment of a substantial property right in that private view enhancement is not a General Plan goal nor are private views protected by the Municipal code. The applicant's views are maintained without the encroachment into the height limit, and full building area can be achieved without the encroachment into the height limit. Therefore, approval of the Variance is not necessary to preserve a substantial property right. c) The granting of the application is not consistent with the purposes of the Zoning Code and will constitute a grant of special privilege inconsistent with limitations placed on other properties in the vicinity within the same zoning district in that the encroachment into the height limit for the purpose of enhancing a private view is not a goal of the General Plan or a guarantee of the Zoning Code. Additionally, approval of the Variance to the height limit does not achieve the goal of the Zoning Code in regards to the reduction of nonconformities and consistent application of regulations. Section 4. The City Council finds that the requested amendment to Modification Permit No. 2002 -049 for encroachments within the front yard setback will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of this code for the following reasons: a) The proposed encroachments will be approximately 60 feet from the existing sidewalk. This increased distance sufficiently separates the building mass from the sidewalk especially due to the fact that the height of the proposed residence does not exceed the adjacent top of curb height, and is actually below the top of curb. The majority of the proposed encroachment is below grade and will not be visible. b) The code provides flexibility in the application of land use and development regulations by way of permitting modification and variance applications. This procedure is intended to resolve practical and unnecessary physical hardships resulting from the unique topography and lot configurations that exist in the area and on this lot. c) The proposed front yard encroachment is a reasonable design solution given the topography and location of the site in that the encroachments on the first, second, and third levels are below the driveway grade levels of the subject property and cannot be viewed from the street level, and, further, that the proposed encroachments are on the street side of the property. d) The proposed modification will not be detrimental to persons, property or improvements in the neighborhood or increase any detrimental effect of the use in that the portion of the encroachment that is above grade will not block line of sight or views from the adjacent property. e) The proposed modification will not affect the flow of air or light to adjoining residential properties in that the encroachments are located on the street side of the property and the required side yard setbacks are maintained. f) The proposed front yard encroachment will not obstruct views from adjoining residential properties nor from the public in that the structure is located below the grade of the sidewalk along Ocean Boulevard, and the views from the adjacent property are oriented to the south and opposite the side of the dwelling for which the encroachment is proposed. Views from Inspiration Point are also not affected as the encroachment is on the north side of the residence and the residence itself is positioned between the encroachment and the view from Inspiration Point. g) The property is located at the end of the driveway access and no through circulation is required beyond the property, and sufficient space remains for vehicular access and maneuvering. h) The proposed front setback modification will not require changes to the improvements and natural bluff area located within the public right -of -way abutting the property. i) The project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (Construction of a single - family residence in a residential zone). Section 5. Based on the aforementioned findings, the City Council denies Variance No. 2003 -005 and approves an amendment to Modification Permit No. 2002 -049 subject to the findings contained herein and the conditions set forth in Exhibit "A ". PASSED, APPROVED AND ADOPTED THIS 12th DAY OF NOVEMBER, 2003. ATTEST: AYES, COUNCIL MEMBERS Heffernan, RidQewav, Adams, Mayor Bromberg NOES, COUNCIL MEMBERS Webb ABSENT COUNCIL MEMBERS Nichols ABSTAIN, COUNCIL ILL CITY CLERK u EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO MODIFICATION PERMIT NO. 2002 -049 1. The development shall be in substantial conformance with the plot plan, floor plans and elevations dated July 10, 2003 with the exception of revisions required to eliminate any encroachments into the 24 -foot height limit and any revisions required by the following conditions. 2. Amendment to Modification Permit No. 2002 -049 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The project shall comply with all applicable Fire and Building Code regulations, including the requirement for installation of a sprinkler and fire suppression system. 4. All improvements shall be constructed as required by Ordinance and the Public Works Department. 5. Exiting from each level of the residence shall comply with applicable standards of the Fire and Building Code. 6. Prior to the issuance of demolition, grading or building permits, the applicant shall obtain approval from the California Coastal Commission for the demolition of the existing residence and the construction of the new residence, if necessary. 7. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 8. Chimney heights shall comply with the regulations specified by section 20.65.070 of the Zoning Code. 9. Prior to the issuance of grading or building permits, a drainage plan shall be prepared and approved bythe Building, Public Works and Planning Departments. 10. The project shall conform to the requirements of the National Pollution Discharge Elimination System (NPDES). Prior to the issuance of grading or building permit for new construction, a Water Quality Management Plan (WQMP) shall be prepared by the applicant and submitted for review by the Building, Planning and Public Works Departments. The WQMP shall be reviewed and approved by the City prior to the issuance of a grading or building permit for new construction. 11. As part of the submittal requirements for grading and building permits, an extensive geotechnical investigation and geotechnical report shall be prepared. Included in the recommendations shall be a shoring plan designed to protect the adjacent properties and right of way from damage resulting from the temporary removal of lateral support. 12. During excavation and construction, vehicular access to adjacent properties shall be maintained at all times. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2003 -60 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of November, 2003, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Ridgeway, Adams, Mayor Bromberg Noes: Webb Absent: Nichols Abstain: Rosansky IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of November, 2003. (Seal) City Clerk Newport Beach, California