HomeMy WebLinkAbout08 - Private Improvements at 3400 Ocean BlvdCITY OF
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NEWPORT BEACH
Cq< /F00.�`P City Council Staff Report
Agenda Item No. 8
January 14, 2014
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949 - 644 -3330, dawebb (a)newportbeachca.gov
PREPARED BY: David Keely, Senior Civil Engineer
949 - 644 -3349, dkeely(a)newportbeachca.gov
APPROVED:
TITLE: Request to Retain Existing Private Improvements Within the Public
Right -of -Way at 3400 Ocean Boulevard
ABSTRACT:
Property owners of 3400 Ocean Boulevard request to retain existing private
improvements within the Marigold Avenue public right -of -way.
RECOMMENDATIONS:
1. Waive City Council Policy L -6, Private Encroachments in the Public Rights -of-
Way, to allow block walls, railings and entry stairway taller than 3 feet in height
within the Marigold Avenue public right -of -way.
2. Direct Staff to prepare an Encroachment Agreement with property owners for the
existing private improvements and authorize the City Manager and City Clerk to
execute the Encroachment Agreement.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The property owners at 3400 Ocean Boulevard are requesting approval to retain the
existing block wall, railings and entry stairway that are taller than 36 inches in height
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Request to Retain Existing Private Improvements Within the Public Right -of -Way at
3400 Ocean Boulevard
January 14, 2014
Page 2
and encroach approximately 8 inches into the Marigold Avenue public right -of -way. The
originally approved building plans show the wall, railings and entry stairway located on
private property. During the course of construction the private improvements were
installed approximately 8 inches into the right -of -way. The maximum height of the
newly constructed wall, railings and entry stairway along Marigold Avenue is 6 foot 7
inches tall. The maximum height of the newly constructed wall and railing adjacent to
the alley along Marigold is 6 foot 1 inch tall. All other walls currently comply or will be
reconstructed to comply with City Council Policy L -6.
City Council Policy L -6 prohibits structures within the public right -of -way that are taller
than 36 inches in height with a maximum encroachment of 1 foot into the right of way.
This City Council Policy will need to be waived to allow the newly constructed walls,
railings and entry stairway to remain.
In addition, the newly constructed walls, railings and entry stairway exceed the Zoning
Code height limit of 6 feet within the side yard setback. A Modification Permit was
approved by the Zoning Administrator on November 27, 2013. As part of the
Modification Permit's conditions of approval, the applicant shall obtain approval of an
encroachment agreement and waiver of City Council Policy L -6 (Condition 12). The
Modification Permit also required that the newly constructed planter wall in front of the
stairway closest to Ocean Boulevard be lowered to 36 inches in height within the public
right -of -way (Condition 13) and that the guardrail needed for the proposed ramp shall be
constructed entirely on private property (Condition 14).
The private improvements do not further diminish the rights of the public, present and
future. The property owner will need to obtain an Encroachment Permit and enter into
an encroachment agreement with the City.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
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Request to Retain Existing Private Improvements Within the Public Right -of -Way at
3400 Ocean Boulevard
January 14, 2014
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Public Works Director
Attachments: A. Location Map
B. Project Plan
C. Project Photo
D. Zoning Administrator Staff Report for Modification Permit
E. Zoning Administrator Modification Permit Approval
F. City Council Policy L -6
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ATTACHMENTA
LOCATION MAP
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PUBLIC WORKS DEPARTMENT
Jan. 14, 2013
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ON SHEET 'ALLEY. NO ENCROACHMENT AT THE GROUND
IONS PER LEVEL ME ALLOWED WITHIN WE REQUIRED ALLEY
SETBACK AREA OF A LOT ABUTTING AN ALLEY.
IBMC All ALLEY SETBACK AREA SHALL BE CLEAR OF
O OBSTRUCTIONS'
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(EIREAR RETAINS WALL TO REMAIN. MA% 5' FENCE TO REINSTALL
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MODIFICATION PERMIT (DATED JULY 22. IWPL PLEABE SEE COPY
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PROJECT PLANS
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Prun Residence
Mod. Permit
3400 Ocean Blvd
No. MD2013 -015
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ATTACHMENT D
MODIFICATION PERMIT STAFF
REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915
(949) 644 -3200 Fax: (949) 644 -3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 27, 2013
Agenda Item No. 3:
SUBJECT: Prun Residence Modification Permit - (PA2013 -177)
3400 Ocean Blvd
Modification Permit No. MD2013 -015
APPLICANT:. Miguel Fernandez
PLANNER: Makana Nova, Assistant Planner
(949) 644 -3249, mnova @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
Zone: R -1 (Single -Unit Residenital)
General Plan: RS -D (Single -Unit Residential)
PROJECT SUMMARY
A modification permit to allow a Building Code required guardrail of an as -built exterior
entry stairway and a proposed access ramp in the side setback adjacent to Marigold
Avenue to exceed the 6 -foot height limit by 7 inches. The applicant also requests approval
of an as -built 3- foot -3- inch -high retaining wall adjacent to the right -of -way within the front
setback where the Zoning Code limits the height of the first retaining wall in a series to a
maximum of 2 feet in height. The property is currently developed with a newly
constructed 5,390- square -foot single - family residence with a 2,934- square -foot
basement.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Modification Permit
No. MD2013 -015 (Attachment No. ZA 1).
Z
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Prun Residence Modification Permit
Zoning Administrator November 27, 2013
Page 2
Existing Stair and Proposed Access Ramp
• The as -built stairway provides access to the entry at the first floor of the residence.
The stairway height is necessary because of grade differences between the front entry
and the adjacent side walk. The stairs comply with the 6 -foot height limit. However, the
Building Code required 42 -inch guardrail exceeds the height limit by 7 inches.
• The applicant also requests approval of a 3 -foot by 20 -foot access ramp to join to the
as -built stair entry. This area is currently developed with a planter wall. As with the
stairway, the proposed ramp complies with the 6 -foot height limit in the side setback.
However, the Building Code required 42 -inch guardrail exceeds this height limit by 7
inches. The ramp is requested to provide handicap accessibility to the main residence.
• The stair and ramp entry are designed in such a way to accommodate the required
landing for the entry and are above the basement walls located below the first floor
level.
The stair and ramp guardrails are located on the street side yard adjacent to Marigold
Avenue. They are approximately 37 feet back from the front property line along Ocean
Boulevard and approximately 61 feet from the alley. The guardrails consist of open
wrought iron construction, thus limiting the visual impact of the structure's height.
• The as -built stairway and existing planter walls of varying height along Marigold
Avenue encroach approximately 6 to 8 inches into the public right -of -way. Staff
recommends that the planter wall in front of the stairway closest to Ocean Boulevard
be lowered to 36 inches in height within the right -of -way. If approved, the applicant
will be required to obtain approval of an encroachment agreement with a waiver of
Council Policy L -6 to retain the entry stairway as constructed.
The as -built stair rail and proposed ramp /rail will not interfere with or impede
emergency access or sight distance
Staff believes the findings for the requested Modification Permit can be made due to
the grade variations that occur along Marigold Avenue and the necessity of the
accessory structures to achieve adequate access to the residence.
• The alternative would be to require the as -built stairway and planter walls to be
demolished and reconstructed within the side setback on private property so that a
guardrail is not required under the building code or so that the guardrail does not
exceed 6 feet in height within the side yard.
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Prun Residence Modification Permit
Zoning Administrator November 27, 2013
Page 3
Retaining Wall
The 3- foot -3 -inch as -built retaining wall in the front yard setback is adjacent to Ocean
Boulevard. Zoning Code Section 20.30.040 (Fences, Hedges, Walls, and Retaining
Walls) allows the first retaining wall in a series at a maximum of 2 feet in height. Refer
to Figure 3 -1 (Grade Differential at Front Property Line) from the Zoning Code on the
following page, which demonstrates this code requirement. The grade along the Ocean
Boulevard frontage varies by approximately 11 inches. The wall was built at 2 feet in
height at the highest. grade elevation and is 3 feet 3 inches in height from grade at its
highest point. The height of the wall varies along the frontage with the grade to provide
a consistent top of wall elevation.
Section 20.52.050 (Modification Permits) of the Zoning Code allows deviations of 10
percent of the required developed standard with the approval of a modification
permit. The height of retaining walls is exempted from this percentage limitation.
This code section recognizes that relief from specified development standards,
including structural appurtenances or projections that encroach into front, side, or
rear setback areas, may be appropriate when so doing is consistent with the
purposes of the Zoning Code and the General Plan, and does not negatively impact
the.community at large or in the neighborhood of the specified development.
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Prun Residence Modification Permit
Zoning Administrator November 27, 2013
Page 4
Staff believes the findings for the requested Modification Permit can be made due to
the grade variations that occur along Ocean Boulevard and the necessity of the
accessory structures to achieve adequate access to the residence.
The alternative for the retaining wall in the front setback would require the removal and
reconstruction of the lowest retaining wall in a series that supports the front yard and
residence above.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use
Limitations).
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights -of-
way and waterways) including the applicant, and posted on the subject property at least
10 days before the scheduled hearing, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644 -3200.
Prepared by
Attachments: ZA 1
Draft Resolution
ZA 2
Vicinity Map
ZA 3
Site Photos
ZA 4
Project Plans
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Prun Residence Modification Permit
Zoning Administrator November 27, 2013
Page 5
Attachment No. ZA 1
Draft Resolution
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M,
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RESOLUTION NO. ZA2013 -0 ##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2013 -015 FOR AN ENTRY STAIRWAY, RAMP,
AND RETAINING WALL LOCATED AT 3400 OCEAN
BOULEVARD (PA2013 -177)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Miguel Fernandez, representing property owner, Jon Prun,
with respect to property located at 3400 Ocean Boulevard, and legally described as Lots
7 and 8, Block 140 of the Resubdivision of Corona del Mar, as shown on a map recorded
in Book 4, Page 67 of Miscellaneous Maps, records of Orange County, California,
excepting the East 12 feet of Lot 7, requesting ap`p'roval l�of,a modification permit.
The applicant proposes a modification pern
of an as -built exterior entry stairway and "C,
adjacent to Marigold Avenue to exceed the
also requests approval of an as-b' 13 fo
right -of -way within the front setback where:
retaining wall in a series to a maximum,of %2
low a Building Code required guardrail
sed access ramp in the side setback
height limit by 7 inches. The applicant
-h -high retaining wall adjacent to the
rfua
king Code limits the height of the first
height.
3. The subject property is'IQcated within, the R -1 (Single -Unit Residential) Zoning District
and the General Plan, Land Use Element category is RS -D (Single -Unit Residential
Detached). If
4. The subject prope'Lty is located within the coastal zone. The Coastal Land Use Plan
category is RSD -B (Single it Residential Detached).
5. A public hearing was held on November 27, 2013, in the Corona del Mar Conference
Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The project is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use
Limitations).
2. The Class 5 categorical exemption includes side yard and setback variances not
resulting in the creation of any new parcel. The Modification Permit for the entry stair
7
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Zoning Administrator Resolution No. ZA2013 -0##
Page 2 of 6
and ramp within the side setback and retaining wall within the front setback qualify
under this exemption.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050.E (Required Findings, Modification Permits) of the
Newport Beach Municipal Code (NBMC), the following findings and facts in support of the
findings for a modification permit are set forth:
Finding:
A. The requested modification will be compatible with existing development in the
neighborhood.
Facts in SUpport of Findin
�,
1. The neighborhood is comprised of a development I pattern of single -unit and two -unit
(duplex) dwellings. W
2. The adjacent property and other propef ies fronting Ocean , Boulevard have similar
retaining wall improvements adjacent to Oc`eari Boulevard. The height of the 3- foot -3-
inch retaining wall is less than the typical 42inch maximum typically allowed in the
front yard setback for fences and walls tFiatare not_ retaining.
3. The subject property is a e`rner,lot where the as -built stairway and proposed ramp
would provide required access to „the dwelling along Marigold Avenue. These types of
improvements are typical alor`g' .�a street side residential frontage. The guardrails
consist of open wrought -iron construction and the solid wall is 3 feet 1 inch in height at
its highest point ;; w ,L
Finding:
B. 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.
Facts in Support of Finding:
1. The requested structures are over height as a result of the need to comply with
Building Code requirements for a minimum 42 -inch guardrail and grade changes along
the adjacent street frontages.
2. The stair and ramp entry are designed in such a way to provide the required landing
for the entry and accommodate the basement walls located below the main residence.
3. The granting of the Modification Permit would not constitute a special privilege
inconsistent with the limitations upon other properties along Ocean Boulevard as it
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Zoning Administrator Resolution No. ZA2013 -0 ##
Page 3 of 6
allows the property owner to maintain parity with the usable access and entry
improvements enjoyed by nearby properties.
4. The front of the property adjacent to Ocean Boulevard has a grade differential of
approximately 11 inches from the left side of the property to the right side of the property.
The height of the wall in its as -built condition provides a consistent top of wall elevation
across the Ocean Boulevard frontage.
Finding:
C. 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.
Facts in Support of Finding:
1. The property has a 4 -foot grade differential f
residence to the finished surface elevation at
Avenue. The as -built stairway is necessary toa
with the Building Code required guardrail.
2. The ramp is necessary to achieve wheel
grade differential adjacent to Marigold, Av
because of the Building Code required_ "gu -
3. The front of the property
retain the 5- foot -11 -inch
floor of the residence. TF
top of wall elevation acr
grade differential, a4f appr<
-
side of the propa'ty..
Finding:
finished floor elevation of the
rcent sidewalk along Marigold
oiler access into the residence
;ss into the home. Due to the 4 -foot
ramp exceeds the 6 -foot height limit
to Ocean Boulevard is part of a series of walls that
change, in the front yard leading up to the finished
)f the,,.wall in its as -built condition provides a consistent
)dean' Boulevard frontage. This retaining wall has a
11 inches from the left side of the property to the right
D. 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.
Facts in Support of Finding:
1. Strict application of the code would require the existing improvements to be removed
and reconstructed in such a way that all structures are constructed entirely on private
property and guardrails are not required for the stairway and ramp to access the
residence.
2. Strict application of the code would require the applicant to remove the existing front
retaining wall and lower or step it so that it does not exceed 2 feet in height at any
point along the entire Ocean Boulevard frontage. This retaining wall is part of a series
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Zoning Administrator Resolution No. ZA2013 -0 ##
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of walls that retain the 5- foot -11 -inch vertical change in the front yard leading up to the
finished floor of the residence.
Finding
E. 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.
Fact in Support of Finding
1. The stair and ramp location adjacent to Marigold Avenue allows for adequate access for
emergency personnel. The spatial relationships between existing development and the
adjacent Marigold Avenue suggest that the light, air, and public use of the adjacent right -
of -way will not be negatively affected.
2. The applicantlowner is required to obtain a budding permit for the as -built and proposed
work. The construction will then be inspected pr or to final o #=building permits.
3. The existing development on the p
is no change to the density or inter
ramp, and as -built retaining wall.
4. That the design of the development
public at large for access,,throughor u
5. Public improverr
Subdivision Map
SECTION 4. DECISIO
le- family residence. As such, there
m the as -built entry stair, proposed
with any easements acquired by the
within the proposed development.
the Applicant per the Municipal Code and the
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Modification
Permit No. MD2013 -015 (PA2013 -177), subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days after the adoption of this
Resolution unless within such time an appeal is filed with the Community Development
Director in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF NOVEMBER, 2013.
Brenda Wisneski, AICP, Zoning Administrator
08 -09 -2013
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Zoning Administrator Resolution No. ZA2013 -0##
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Modification Permit No. MD2013 -015 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions)
of the Newport Beach Municipal Code, unless an extension is otherwise granted.
3. A copy of the Resolution with conditions of approval shall be incorporated into the
Building Division and field sets of plans prior to the issuance of building permits.
4. Prior to the issuance of building permits, the
Division an additional copy of the approved,
Modification Permit file. The plans shall Wi
departments for. building permit issuance.
architectural sheets only and shall be reduced
plans shall accurately depict the elements ap
shall highlight the approved elementsp sdch the
elements of the plans. * 4
5. The project is subject to
specifically waived or mi
plcant shall submit to the Planning
hifectural plans for inclusion in the
itical`to'Ahose approved by all City
he approved copy shall include
size to 11 inches by 17 inches. The
ved by this Modification Permit and
ey are readily discernible from other
ordinances, policies, and standards, unless
tions of approval.
6. The applicant shaIIA66— plyfwit all federal, state, and local laws. Material violation of
any of those la,'u -s in connection with the use may be cause for revocation of this
Modification Permit. -
Ci
7. The Zoning Administrator may add to or modify the conditions of approval to this
Modification Permit or revoke this Modification Permit upon a determination that the
operation, which is the subject of this Modification Permit, causes injury, or is detrimental
to the health, safety, peace, comfort, or general welfare of the community.
8. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the property
owner.
9. To the fullest extent permitted by law, applicant shall indemnify, defend, and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
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Zoning Administrator Resolution No. ZA2013 -0 ##
Page 6 of 6
or indirectly) to City's approval of the Prun Residence Modification Permit including, but
not limited to, Modification Permit No. MD2013 -015 (PA2013 -177). This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs of
suit, attorneys' fees, and other expenses incurred in connection with such claim, action,
causes of action, suit or proceeding whether incurred by applicant, City, and /or the
parties initiating or bringing such proceeding.. The applicant shall indemnify the City for all
of City's costs, attorneys' fees, and damages, which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the City
upon demand any amount owed to the City pursuant to the indemnification requirements
prescribed in this condition.
Building Division and Fire Department Conditions
10. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City -
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
11. The structures shall comply with the 2010 ;,,,California Residential Code for construction
relative to the property line. Non combustible ,.construction shall be required to the
s u�
satisfaction of the Building Division. The ra`irip hall provide the minimum width required
by the 2010 California Residential Cod -,
Public Works Conditions
12. The as -built stairway and existing `planter walls along Marigold Avenue are
encroaching approximatelyr6 8 inches,finn o the public right -of -way. Prior to issuance of
building permits the appirca t shall obtain approval of an encroachment agreement
with a waiver of Council`Policy L76 to retain the entry stairway railing and wall adjacent
to the alley as constructed.
13. Prior to the issuance of building permits, the planter wall in front of the stairway closest
to Ocean Boulevard shall be lowered to 36 inches in height within the right -of -way and
the applicant shall obtain an encroachment agreement fo'r the 7- foot -10- inch -wide
planter wall built within the public- right -of -way adjacent to Marigold Avenue.
14. Prior to issuance of building permits, the project plans shall demonstrate that the
guardrail for the proposed ramp will be constructed entirely on private property.
15. The 5 -foot parkway within the Marigold Avenue right -of -way shall be maintained as
landscape /softscape without hardscape improvements.
16. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
17. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
08 -09 -2013
12
21 of 49
Attachment No. ZA 2
Vicinity Map
23
22 of 49
14
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Attachment No. ZA 3
Site Photos
25
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Project Plans
29 28 of 49
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PRUN RESIDENCE
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32 d49
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COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658 -8915
(949) 644 -3200 Fax: (949) 644-3229
www.newoortbeachca. gov
VIA EMAIL
November 27. 2013
Miguel Fernandez
23046 Avenida de la Carlota, #600
Laguna Hills, CA 92653
miguel @debcustoms.com
Re: Modification Permit No. MD2013 -015
(PA2013 -177)
3400 Ocean Blvd
Prun Residence Modification Permit
Dear Mr. Fernandez,
ATTACHMENT E
MODIFICATION PERMIT
APPROVAL
It was a pleasure working with you on the Prun Residence Modification Permit.
Please find attached the approved resolution
questions, please do not hesitate to contact
forward to working with you again in the future.
Sincerely,
cc:
Jon & Linda Prun
3400 Ocean Blvd.
Corona del Mar, CA 92625
jprun @cox.net
Tmplt>3 /21/13
for your project. If you have any
me directly. Thank you and I look
36 of 49
VZ�Y0110j tLLLLOX%/cam Bill-II]
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2013 -015 FOR AN ENTRY STAIRWAY, RAMP,
AND RETAINING WALL LOCATED AT 3400 OCEAN
BOULEVARD (PA2013 -177)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Miguel Fernandez, representing property owner, Jon Prun,
with respect to property located at 3400 Ocean Boulevard, and legally described as Lots
7 and 8, Block 140 of the Resubdivision of Corona del Mar, as shown on a map recorded
in Book 4; Page 67 of Miscellaneous Maps, records of Orange County, California,
excepting the East 12 feet of Lot 7, requesting approval of a modification permit.
2. The applicant proposes a modification permit to allow a Building Code required guardrail
of an as -built exterior entry stairway and a proposed access ramp in the side setback
adjacent to Marigold Avenue to exceed the 6 -foot height limit by 7 inches. The applicant
also requests approval of an as -built 3- foot -3- inch -high retaining wall adjacent to the
right -of -way within the front setback where the Zoning Code limits the height of the first
retaining wall in a series to a maximum of 2 feet in height.
3. The subject property is located within the R -1 (Single -Unit Residential) Zoning District
and the General Plan Land Use Element category is RS -D (Single -Unit Residential
Detached).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is RSD -B (Single -Unit Residential Detached).
5. A public hearing was held on November 27, 2013, in the Corona del Mar Conference
Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use
Limitations).
37 of 49
Zoning Administrator Resolution No. ZA2013 -080
Page 2 of 8
2. The Class 5 categorical exemption includes side yard and setback variances not
resulting in the creation of any new parcel. The Modification Permit for the entry stair
and ramp within the side setback and retaining wall within the front setback qualify
under this exemption.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050.E (Required Findings, Modification Permits) of the
Newport Beach Municipal Code (NBMC), the following findings and facts in support of the
findings for a modification permit are set forth:
Finding:
A. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1. The neighborhood is comprised of a development pattern of single -unit and two -unit
(duplex) dwellings.
2. The adjacent property and other properties fronting Ocean Boulevard have similar
retaining wall improvements adjacent to Ocean Boulevard. The height of the 3- foot -3-
inch retaining wall is less than the typical 42 inch maximum typically allowed in the
front yard setback for fences and walls that are not retaining.
3. The subject property is a corner lot where the as -built stairway and proposed ramp
would provide required access to the dwelling along Marigold Avenue. These types of
improvements are typical along a street side residential frontage. The guardrails
consist of open wrought iron construction and the solid wall is 3 feet 1 inch in height at
its highest point.
Finding:
B. 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.
08 -09 -2013
38 of 49
Zoning Administrator Resolution No. ZA2013 -080
Page 3 of 8
Facts in Support of Finding:
1. The requested structures are over height as a result of the need to comply with
Building Code requirements for a minimum 42 -inch guardrail and grade changes along
the adjacent street frontages.
2. The stair and ramp entry are designed in such a way to provide the required landing
for the entry and accommodate the basement walls located below the main residence.
3. The granting of the Modification Permit would not constitute a special privilege
inconsistent with the limitations upon other properties along Ocean Boulevard as it
allows the property owner to maintain parity with the usable access and entry
improvements enjoyed by nearby properties.
4. The front of the property adjacent to Ocean Boulevard has a grade differential of
approximately 11 inches from the left side of the property to the right side of the property.
The height of the wall in its as -built condition provides a consistent top of wall elevation
across the Ocean Boulevard frontage.
Finding:
C. 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.
Facts in Support of Finding:
1. The property has a 4 -foot grade differential from the finished floor elevation of the
residence to the finished surface elevation at the adjacent sidewalk along Marigold
Avenue. The as -built stairway is necessary to achieve proper access into the residence
with the Building Code required guardrail.
2. The ramp is necessary to achieve wheel chair access into the home. Due to the 4 -foot
grade differential adjacent to Marigold Avenue, the ramp exceeds the 6 -foot height limit
because of the Building Code required guardrail.
3. The front of the property adjacent to Ocean Boulevard is part of a series of walls that
retain the 5- foot -11 -inch vertical change in the front yard leading up to the finished
floor of the residence. The height of the wall in its as -built condition provides a consistent
top of wall elevation across the Ocean Boulevard frontage. This retaining wall has a
grade differential of approximately 11 inches from the left side of the property to the right
side of the property.
08 -09 -2013
39 of 49
Zoning Administrator Resolution No. ZA2013 -080
Paoe 4 of 8
Finding:
D. 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.
Facts in Support of Finding:
Strict application of the code would require the existing improvements to be removed
and reconstructed in such a way that all structures are constructed entirely on private
property and guardrails are not required for the stairway and ramp to access the
residence.
Strict application of the code would require the applicant to remove the existing front
retaining wall and lower or step it so that it does not exceed 2 feet in height at any
point along the entire Ocean Boulevard frontage. This retaining wall is part of a series
of walls that retain the 5- foot -11 -inch vertical change in the front yard leading up to the
finished floor of the residence.
Finding
E. 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.
Fact in Support of Finding
The stair and ramp location adjacent to Marigold Avenue allows for adequate access for
emergency personnel. The spatial relationships between existing development and the
adjacent Marigold Avenue suggest that the light, air, and public use of the adjacent right -
of -way will not be negatively affected.
2. The applicantlowner is required to obtain a building permit for the as -built and proposed
work. The construction will then be inspected prior to final of building permits.
The existing development on the property is a single - family residence. As such, there
is no change to the density or intensity resulting from the as -built entry stair, proposed
ramp, and as -built retaining wall.
4. That the design of the development will not conflict with any easements acquired by the
public at large for access through or use of property within the proposed development.
8ra11-1WIyrc1
40 of 49
Zoning Administrator Resolution No. ZA2013 -080
Pacie 5 of 8
5. Public improvements will be required of the Applicant per the Municipal Code and the
Subdivision Map Act.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Modification
Permit No. MD2013 -015 (PA2013 -177), subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days after the adoption of this
Resolution unless within such time an appeal is filed with the Community Development
Director in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF NOVEMBER, 2013.
08 -09 -2013
41 of 49
Zoning Administrator Resolution No. ZA2013 -080
Pape 6 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Modification Permit No. MD2013 -015 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions)
of the Newport Beach Municipal Code, unless an extension is otherwise granted.
3. A copy of the Resolution with conditions of approval shall be incorporated into the
Building Division and field sets of plans prior to the issuance of building permits.
4. Prior to the issuance of building permits, the applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the
Modification Permit file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include
architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The
plans shall accurately depict the elements approved by this Modification Permit and
shall highlight the approved elements such that they are readily discernible from other
elements of the plans.
5. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
6. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
Modification Permit.
7. The Zoning Administrator may add to or modify the conditions of approval to this
Modification Permit or revoke this Modification Permit upon a determination that the
operation, which is the subject of this Modification Permit, causes injury, or is detrimental
to the health, safety, peace, comfort, or general welfare of the community.
8. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the property
owner.
9. To the fullest extent permitted by law, applicant shall indemnify, defend, and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
08 -09 -2013
42 of 49
Zoning Administrator Resolution No. ZA2013 -080
Page 7 of 8
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Prun Residence Modification Permit including, but
not limited to, Modification Permit No. MD2013 -015 (PA2013 -177). This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs of
suit, attorneys' fees, and other expenses incurred in connection with such claim, action,
causes of action, suit or proceeding whether incurred by applicant, City, and /or the
parties initiating or bringing such proceeding. The applicant shall indemnify the City for all
of City's costs, attorneys' fees, and damages, which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the City
upon demand any amount owed to the City pursuant to the indemnification requirements
prescribed in this condition.
Building Division and Fire Department Conditions
10. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City -
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
11. The structures shall comply with the 2010 California Residential Code for construction
relative to the property line. Non combustible construction shall be required to the
satisfaction of the Building Division. The ramp shall provide the minimum width required
by the 2010 California Residential Code.
Public Works Conditions
12. The as -built stairway and existing planter walls along Marigold Avenue are
encroaching approximately 6 -8 inches into the public right -of -way. Prior to issuance of
building permits, the applicant shall obtain approval of an encroachment agreement
with a waiver of Council Policy L -6 to retain the entry stairway railing and wall adjacent
to the alley as constructed.
13. Prior to the issuance of building permits, the planter wall in front of the stairway closest
to Ocean Boulevard shall be lowered to 36 inches in height within the right -of -way and
the applicant shall obtain an encroachment agreement for the 7- foot -l0- inch -wide
planter wall built within the public- right -of -way adjacent to Marigold Avenue.
14. Prior to issuance of building permits, the project plans shall demonstrate that the
guardrail for the proposed ramp will be constructed entirely on private property.
08 -09 -2013
43 of 49
Zoning Administrator Resolution No. ZA2013 -080
Paae 8 of 8
15. The 5 -foot parkway within the Marigold Avenue right -of -way shall be maintained as
landscape /softscape without hardscape improvements.
16. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
17. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
08 -09 -2013
44 of 49
ATTACHMENT
CITY COUNCIL POLICY L -6
L -6
PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY
It is the general policy of the City that the public rights -of -way are to be reserved for
public use or open space; and that the rights of the public, present and future, are not to
be diminished by the installation of private improvements within the public rights-of-
way-
Categories of private encroachments and improvements are listed below, together with
the permit requirement for each category.
A. Private encroachments prohibited.
1. Structural encroachments not otherwise listed; including, but not limited
to, fences, walls, patios, raised planters, etc., which encroach in excess of 1
foot into the public right -of -way, or exceed 3 feet in height, measured
from the top of curb elevation /or from sidewalk elevation where sidewalk
exists.
2. Driveway approaches not conforming to Council Policy Lr2.
3. Ocean front street end, or Bay front street end improvements not
conforming to Council Policy L-8.
4. Ocean front alley end improvements not conforming to Council Policy
L-8.
5. Modifications to original design concepts approved by the City.
6. Private signs except as provided for in the Building Code.
7. Lighting.
8. Parkway surfacing of loose rock, gravel, or any surfacing other than
standard or colored/ textured concrete or flat stone /brick installed at
grade and grouted.
9. Private dwellings and appendages including raised patios and decks,
except as provided for in this section and the Building Code.
10. Pay telephones and private mail carriers drop boxes.
1
45 of 49
l��
B. Private encroachments requiring an encroachment permit and if applicable an
encroachment agreement from the Public Works Department and General
Services Department approval.
1. Tree planting and removal.
2. Shrub planting and removal.
3. Median landscaping.
If, in the opinion of the General Services Department, the approved planting is not
being maintained for view and safety clearance, Chapter 10.50, "Public Nuisance
Abatement," of the Municipal Code shall be used to remove offending plant material.
The permit applicant shall reimburse the City of Newport Beach for the value of any
City tree removed by this process. This value will be determined by the City Arborist
using the International Society of Arboriculture's "Guide for Plant Appraisal."
C. Private encroachments requiring an encroachment permit and if applicable an
encroachment agreement from the Public Works Department.
1. Drive approaches conforming to Council Policy L-2.
2. Standard sidewalks.
3. Carriage walks.
4. Parkway surfacing (standard or colored/ textured concrete or flat
stone /brick) installed at grade (subject to General Services Department
review for tree well location).
5. CATV and public utility facilities.
6. Structural encroachments not otherwise listed; including, but not limited
to, fences, walls, patios, raised planters, etc., which encroach 1 foot or less
into the public right -of -way. If, however, in the opinion of the Public
Works Department, the nature or location of this type of encroachment is
such that Council review is warranted, the Department may forward the
item to the Council for action.
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7. Mailboxes, when required by the U.S. Postal Service. The front of mailbox
shall be aligned in the same vertical plane as the back of the curb. Mailbox
base construction length shall not exceed the length of the mailbox, or 24
inches, whichever is less.
8. The placement of utility pedestals shall be at the back of sidewalks on
arterials and major pedestrian thoroughfares without zero setbacks. In
the commercial areas there shall be at least 4 feet of clear sidewalk width
and /or pedestals shall be placed in the parkway outside of walk area.
9. When connecting to or relocating public utilities.
D. Private encroachments requiring an Encroachment Permit from the Public Works
Department and subject to the execution of an agreement for non - standard
improvements.
1. Structural encroachments not otherwise listed which do not exceed 3 feet
in height, including, but not limited to fences, walls, and raised planters in
public rights -of -way in areas that are more than 8 feet behind the face of
curbs on the following streets:
a. Santa Ana Avenue from Cliff Drive to Fifteenth Street.
2. Permitted Structural Encroachments on Balboa Island along South Bay
Front, North Bay Front, Grand Canal, and East Bayfront are as follows:
a. Planters that do not exceed 1 foot in height located within 2'-6" of
the back of existing sidewalk, planted with ground cover and
shrubs not to exceed 2 feet in height measured from sidewalk
elevation;
b. Fences with a minimum setback of 2' -6" from back of sidewalk.
L For patios constructed at grade elevation to 1' above
sidewalk grade elevation, Fences may be 3' high above
sidewalk grade in conformance with Building and Planning
Code Regulations.
ii. For patios constructed greater than 1' above sidewalk grade
elevation, Fences must be set back a minimum of 3' from
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back of sidewalk, not exceed 2' -6" in height above the patio,
have at least 40% visibility through them, and not to exceed
Tin height above existing public sidewalk grade.
C. Patios with a minimum setback of 2'-6" from the back of sidewalk.
Raised Patios are permitted provided they have a maximum
height of T -6" above sidewalk grade, are set back a
minimum of T -6" from back of sidewalk, and provided all
bulkhead deadman and tiebacks supporting the Bay front
bulkhead are replaced "If required by the Public Works
Department" in conformance with the requirements of the
Public Works Department; Stairs located a minimum of T -6"
from back of sidewalk.
3. Structural encroachments not otherwise listed which do not exceed three
(3) feet in height, including, but not limited to fences, walls, patios and
raised planters in public rights -of -ways in areas that are five (5) feet
behind the face of curb on the following streets:
a. Southerly side of West Bay Avenue between 8th Street and 15th
Street.
If, in the opinion of the Public Works Department, the nature or location of this type of
encroachment is such that Council review is warranted, the Department may forward
the application to the City Council for original action.
The City Manager is authorized to execute, on behalf of the City, agreements for non-
standard improvements which are entered into pursuant to this section or other
authorization.
E. Private encroachments not requiring a permit:
Parkway lawn and ground cover.
2. Parkway sprinkling systems.
3. Use of public streets and projections over public property which are
covered by the Uniform Building Code under a valid building permit
issued by the City.
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F. Application for any permit as required by this policy shall be filed with the
Public Works Department on a form to be provided by the City and shall show
the proposed planting or work and the nature thereof. If the application is for a
permit required under Section A, it shall be forwarded to the City Clerk for
submission to the City Council. If the application is for a permit under Section B,
it shall be processed by the General Services Department. Drawings for
encroachment permits requiring City Council review shall be prepared to scale.
Plan and elevation drawings shall accurately depict location, height, and extent
of the proposed encroachments. No building permit shall be issued on a parcel
whose access requires City Council review for an encroachment permit on public
property, until said encroachment permit has been issued.
G. Variances from the strict application of this policy shall not be granted unless
individual circumstances indicate that approval will be consistent with the public
interest.
Adopted - August 25,1969
Amended - February 14,1972
Amended - August 11, 1975
Amended - February 9,1981
Amended - November 23,1981
Amended - October 27,1986
Amended - January 26,1987
Amended - July 13,1987
Amended - February 13,1989
Amended - August 14,1989
Amended - November 27,1989
Amended - December 9,1991
Amended - December 14,1992
Amended - July 12,1993
Amended - January 24,1994
Amended - May 9,1994
Amended - February 27,1995
Amended - February 26,1996
Amended - May 8, 2001
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