HomeMy WebLinkAbout29 - Davidsson Residence - D& L Engineering - 3000 & 3002 Breaker Drive0
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�Ew'�gl CITY OF NEWPORT BEACH Hearing Date: April 12, 1999
o° D COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 29
i PLANNING DEPARTMENT Staff Person: Eugenia Garcia
3300 NEWPORT BOULEVARD
(949) 644 -3208
NEWPORT BEACH, CA 92658
(714) 644 -3200; FAX (714) 644 -3250
REPORT TO THE MAYOR AND CITY COUNCIL
PROJECT: Davidsson Residence (D & L Engineering, Applicant)
3000 and 3002 Breakers Drive
PURPOSE OF
APPLICATION: Amendment to revise Districting Map No. 18 to establish a 5 foot front yard
setback on Breakers Drive in conjunction with the resubdivision of two
parcels of land for the purpose of reorienting the front of the lots to Breakers
Drive. An exception to the Subdivision Code is also requested because the
interior parcel is less than the required 50 foot lot width and 5,000 sq. ft.
total area for interior lots, and the corner parcel is less than the required 60
foot lot width and 6,000 sq. ft. total area for comer lots.
ACTION: Conduct public hearing, introduce Ordinance 99- , and pass to second
reading on April 26, 1999.
Planning Commission Recommendation
At its meeting of March 14, 1999, the Planning Commission voted (all ayes) to recommend
approval of the Amendment No. 882 and Resubdivision No. 1059. Section 20.91.020 of the
Newport Municipal Code states that the City Council shall have the final decision - making authority
on applications filed concurrently with amendments to the General Plan, Zoning Code, or a planned
community development plan or with a development agreement. The staff report to the Planning
Commission prepared for their consideration, with the recommended findings and conditions of
approval, and an excerpt of the Planning Commission minutes are attached for the information of
the City Council.
Submitted by:
SHARON Z. WOOD
Prepared by:
EUGENIA GARCIA
Assistant City Manager Associate Planner
Attachments: Ordinance
Staff Report to the Planning Commission
Minutes of Planning Commission meeting March 4, 1999
ORDINANCE 99-
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH APPROVING
AN AMENDMENT TO DISTRICTING
MAP NO. 18, SO AS TO ESTABLISH A 5 FOOT FRONT
YARD SETBACK FOR TWO PROPERTIES LOCATED AT
AT 3000 AND 3002 BREAKERS DRIVE
(AMENDMENT NO. 882)
WHEREAS, the Planning Commission initiated an amendment to establish a 5 foot
front yard setback for two properties located at 3000 and 3002 Breakers Drive; and
WHEREAS, the proposal is consistent with the Land Use Element of the General
Plan and the Local Coastal Program Land Use Plan since the lots are designated for single - family
development, a permitted use in this area, and
WHEREAS, the proposed amendment has been determined to be Categorically
Exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 5
(Minor Alterations in Land Use Regulations); and
WHEREAS, the proposed amendment is in association with the Resubdivision of
the two properties which meet the requirements for an exception to the Subdivision Code, as set
forth in the findings and conditions of approval of Exhibit A, Resubdivision No. 1059, and
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: Districting Map Number 18 shall be amended to read as provided in
attached Exhibit "A"
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. This Ordinance shall be published once in the official newspaper of the city, and
the same shall be effective (30) days after the date of its adoption.
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This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
40 Beach held on April 12, 1999, and adopted on the 26`x' day of April, 1999, by the following vote, to
wit:
• ATTEST:
City Clerk
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL, MEMBERS
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2EW PpRt CITY OF NEWPORT BEACH Hearing Date: March 4, 1999
o° o COMMUNITY and ECONOMIC DEVELOPMENT Agenda Item No.: 1
�l PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD Staff Person: Eugenia Garcia
NEWPORT BEACH. CA 92658
Phone number: (949) 644 -3208
(949) 644 -3200: FAX (949) 644 -3250 Appeal Period: 14 Days
REPORT TO THE PLANNING COMMISSION
SUBJECT: Davidsson Residence (D & L Engineering, applicant)
3000 and 3002 Breakers Drive
PURPOSE OF
APPLICATION: Amendment to revise Districting Map No. 18 to establish a 5 foot front yard
setback on Breakers Drive in conjunction with the resubdivision of two
parcels of land for the purpose of reorienting the front of the lots to Breakers
Drive. An exception to the Subdivision code is also requested because the
interior parcel is less than the required 50 foot lot width and 5,000 sq. ft.
total area for interior lots, and the corner parcel is less than the required 60
foot lot width and 6,000 sq. ft. total area for corner lots.
LOCATION: Lots 28, Block A36; Corona Del Mar Tract and a portion of Parcel 1 of
Parcel Map No. 284 -1.
ACTION: Hold hearing; if desired, adopt Resolution No. recommending to
the City Council approval of:
is • Amendment No. 882
• Resubdivision No. 1059
ZONE: R -1
OWNER: Sture and Huong Davidsson, Newport Beach
Points and Authority
• Environmental Compliance (California Environmental Quality Act)
It has been determined that this project is categorically exempt under Class 5 (Minor Alterations
in Land Use Limitations).
• Conformance with the General Plan and Local Coastal Pro ram
The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan
designate the properties for "Single Family" residential use. The subdivision of lots for single
family development is consistent with this designation.
• Amendment procedures are set forth in Section 20.94.020 (B) and Resubdivision requirements
are set forth in Title 19 of the Newport Beach Municipal Code.
• • The subject properties are located in the Coastal Zone, therefore, Coastal Commission approval
is required.
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CORONA DEL MAR STATE BEACH
AMENDMENT NO. 882
RESUBDIVISION NO. 10591
1 Subject Property and Surrounding Land Uses
Current Development: The subject property is comprised of two parcels of land occupied by a single
family dwelling on each parcel.
To the north: Across Ocean Blvd., are single family detached dwellings.
To the east: Is a duplex and two - family dwellings
To the south: Is the parking lot for the Corona Del Mar State Beach.
To the west: Across his Avenue is a single family dwelling.
A882 and Resubdivision No. 1059
February 18, 1999
Page 2
51
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Background
The subject property is comprised of two parcels of land that front on Iris Avenue south of Ocean
Blvd. The lots fronting on Iris Avenue were established in conjunction with the original subdivision
of Corona del Mar in 1904. Both parcels are located in the R -1 District and developed with single
family dwellings that were constructed in 1951 and 1957. The two parcels are in joint ownership,
and both existing dwellings front on and take access from Breakers Drive. The interior lot gains
access by crossing over the rear of the corner lot.
The proposal will include the demolition of a portion of the first and second floors of the 3000
Breakers Drive dwelling, which would allow for a new driveway access to 3002 Breakers Drive
from Breakers Drive. The dwelling on the 3000 Breakers Drive property is approximately 1,959 sq.
ft. and will be reduced to 1,451 sq. ft., while the dwelling on 3002 Breakers Drive is 1,247 sq. ft.
and is not being altered.
Analvsis
The applicant has submitted a request to amend Zoning Districting Map No. 18 to establish a 5 foot
front yard setback on Breakers Drive and to resubdivide the parcels to front on Breakers Drive
instead of Iris Avenue, which will facilitate vehicular access to the interior lot without crossing over
the corner lot.
The requests present the following issues analyzed in this report: conformance with subdivision
requirements and setbacks.
Conformance With Subdivision Standards
Section 20.60.040 of the Municipal Code states, "Any lot or parcel of land under one ownership
and of record on August 2, 1943 may be used as a development site even when of less area or
width than that required by the provisions of this code." Title 19 of the Newport Beach
Municipal also states, "No parcel or building site will be created which has a smaller area than
the lot size required by Title 20 and this title or if a smaller parcel or building site is created, the
area of such parcel or site will not be smaller than that of any such lot or lots shown on the
recorded final map which were divided to create such parcel or building site." Title 20 requires
that lots be a minimum of 60 feet wide and 6,000 sq. ft. total area for corner lots and 50 feet wide
and 5,000 sq. ft. total area for interior lots. In order to approve the requested resubdivision, an
exception to the subdivision standards is required because the lots are below the required lot
widths and area requirements.
PROTECT CHARACTRRICTICC
Address
Existing Lot
Proposed lot
Existing
Proposed
Existing
Proposed
Size
size
lot width
lot width
Buildable Area x
Buildable Area x
(Average)
(Average)
1.5
1.5
3000 Breakers
2,925sq. ft.
2,923 sq. ft.
30 ft.
48.38 ft.
1,632 sq. ft. x 1.5
1,752 sq. ft. x 1.5
Drive
= 2,448 sq. ft.
= 2,628 sq. ft.
3002 Breakers
2,529 sq. ft.
I
2,531 sq. ft.
28.22 ft.
48.5 ft.
1,725 sq. ft. x 1.5
1,670 sq. ft. x 1.5
Drive
= 2,588 sq. ft.
= 2,505 sq. ft.
A882 and Resubdivision No. 1059
March 4, 1999
Page 3
11
The applicant wishes to establish lots that have the same orientation as other lots along Breakers
Drive. The standard lot size for the original lots on Iris Avenue south of Ocean Blvd. is
approximately 30 ft. by 89.62 ft. or a total of 2,5 2689 sq. ft., with the corner lot slightly
larger at 2,925 sq. ft. The proposed lots are 2,531 sq.ft. for the interior lot (3002 Breakers Drive)
and 2,923 sq.ft. for the corner lot (3000 Breakers Drive).
Proposed
Property
Line
v
Q Existing
' Property
yo�`a Line
The proposed lots have irregular shapes to accommodate the existing dwellings and access from
Breakers Drive. The proposed average lot width is 48.5 ft. for the interior lot, and approximately
48.38 ft. for the corner lot. The average width of a lot is calculated by measuring 20 feet in from
the rear property line and 20 feet in from the front property line and taking an average of the two
widths at those points. The average width of the proposed lots will not be less than the width of
the existing lots when originally subdivided, although the narrowest points of the proposed lots
will be 36.39 ft. for the interior lot and 21 ft. for the corner lot.
Required Findings
In accordance with Section 19.12.040 H of the Newport Beach Municipal Code, all of the following
findings must be made in granting an exception to the design standards for lots in the approval of a
tentative map for subdivisions containing less than 5 lots.
1. That there are special circumstances or conditions affecting the property.
2. That the exception is necessary for the preservation and enjo)7nent of a substantial
property right of the petitioner. 0
A882 and Resubdivision No. 1059
March 4, 1999
Page 4
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3. That the granting of the exception will not be detrimental to the public welfare or
injurious to other property in the vicinity in which the property is located.
Staff offers the following analysis with respect to these findings:
Finding No. 1: The interior lot has vehicular access from Breakers Drive, across the rear
of the corner lot, because the grade from his Avenue is steep, making a
curb cut difficult. Additionally, his Avenue is the main access to the
beach, and site distance and traffic in the area create additional potential
hazards. These facts could be determined to constitute the special
circumstances and conditions affecting both properties
Finding No. 2: The proposal will allow for both properties to function independently from
each other with access provided for each property as a result of the
proposed resubdivision. It could be determined that the exception is
necessary for the applicant to enjoy the same property rights of other
property owners in the area with direct access to their properties.
Finding No. 3: The proposed subdivision will not be detrimental to the public welfare or
injurious to other properties in the vicinity for the following reasons:
• The proposed average lot widths are 48.38 ft. and 48.5 ft., which
are more than the width of the existing lots and more than the
width of other lots in the area.
• The proposed lots are below the required size, but are consistent
with others in the area. The resubdivision generally maintains the
existing lot size.
• The lots are oriented towards Breakers Drive, similar to others in
the area and consistent with existing development on the lots.
• The orientation of the proposed lots will have the potential to
increase open space, light and air to the properties located to the
rear of the subject lots created by the ten foot rear setbacks for both
properties. Although the existing dwellings are nonconforming at
the rear setback, any new development would be subject to the 10
foot setback requirement.
• The proposed lot widths are greater than the original tract map.
Therefore, the exception as requested is consistent with the intent of
the Zoning Code because the Code includes provisions to allow the
continued use and redevelopment of substandard lots created before
August 2, 1943.
A882 and Resubdivision No. 1059
March 4, 1999
Page 5
G
Amendment No. 882
Without an amendment to establish the 5 foot front setback, the requirement for the R -1 District of
20 feet on the front would automatically apply. A 5 foot front yard setback is consistent with the
front setbacks of other residential development along Breakers Drive. It should be pointed out that
if the required 20 foot front yard setback were applied without the proposed amendment, it is likely
that future development would result in a request for a variance on one or both of the properties
because it would result in an unusually small buildable area for each parcel. All other setbacks for
the existing dwellings will conform to the Code with the exception of both rear yards, which are 2
feet and 5 feet, instead of 10 feet, and the side yard setback on the corner lot in the location of the
demolition of the building, which will result in a 3 foot setback instead of a 4 foot setback. In these
areas, the existing buildings will be legally non - conforming.
CONCLUSION AND RECOMMENDATION
Staff has reviewed various alternatives to this request and is of the opinion that the proposed
resubdivision represents a project that conforms as much as possible to the development standards
of the Code because the average lot widths are greater than the existing widths. Additionally, the
amendment will establish setbacks typical in the neighborhood. Since the structures on the two lots
are of older construction, there is potential for redevelopment resulting in new structures that
comply with the required setbacks.
Additionally, the findings necessary for an exception to the Subdivision Code can be made because
there are special circumstances on the properties related to topography and access; the
establishment of independent access will provide for the preservation and enjoyment of property
rights; and the proposal is not considered detrimental to the neighborhood since the new lots are
similar in size and orientation to others in the area. Therefore, staff recommends that the Planning
Commission recommend the approval of Amendment No. 882 and Resubdivision No. 1059 to the
City Council with the findings contained in the draft resolution and Exhibit "A."
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Attachments: Districting Map No. 18
Resolution
Letter from Applicant
Prepared by:
EUGENIA GARCIA
Associate Planner
A882 and Resubdivision No. 1059
March 4, 1999
Page 6
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RESOLUTION NO. 98-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE. CITY OF NEWPORT BEACH RECOMMENDING
TO THE CITY COUCIL AN AMENDMENT TO DISTRICTING
MAP NO. 18, SO AS TO ESTABLISH A 5 FOOT FRONT
YARD SETBACK FOR TWO PROPERTIES LOCATED
AT 3000 AND 3002 BREAKERS DRIVE
WHEREAS, as part of the development and implementation of the Newport Beach
General Plan the Land Use Element has been prepared; and
WHEREAS, the proposal is consistent with the Land Use Element of the General
Plan and the Local Coastal Program Land Use Plan since the lots are designated for single- family
development, a permitted use in this area, and
WHEREAS, the proposed amendment has been determined to be Categorically
Exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 5
(Minor Alterations in Land Use Regulations); and
WHEREAS, the proposed amendment in association with the resubdivsion of the
two properties which meet the requirements for an exception to the Subdivision Code, as set forth
in the findings and conditions of approval of Exhibit A, Resubdivision No. 1059, and
WHEREAS, Section 20.94.020 of the Newport Beach Municipal Code provides
that Title 20 (the Zoning Code) may be amended by establishing setbacks and other provisions
whenever the public necessity, convenience and the public welfare require such amendment; and
WHEREAS, The proposal will not be detrimental to persons, property or
improvements in the neighborhood and the amendment, as approved, would be consistent with
the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reason:
0 the establishment of a 5 foot front yard setback along the Breakers Drive frontages of both parcels
A882 and Resubdivision No. 1059
March 4.1999
Page 7
will provide a more consistent and uniform street -side setback for the subject properties in relation
to other properties along Breakers Drive; and
WHEREAS, the Planning Commission desires to recommend to the City Council,
an amendment to Districting Map No. 18 of Title 20 of the Newport Beach Municipal Code, to
establish a 5 foot front yard setback from the newly established front property lines due to a
resubdivision of two parcels located on Iris Avenue and Breakers Drive.
WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the
Planning Commission to adopt a resolution recommending amendments to the Zoning Code or
Districting Maps of the City of Newport Beach, and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of Newport Beach to recommend to the City Council, an amendment to Title 20 of the
Newport Beach Municipal Code to revise Districting Map No. 18 to establish a 5 foot front yard
setback for 2 parcels of land located at 3000 and 3002 Breakers Drive, 0
M
rw
Edward Selich, Chairman
Richard Fuller, Secretary
AYES
NOES
ABSENT
A882 and Resubdivision No. 1059
March 4, 1999
Page 8
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EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
RESUBDIVISION NO. 1059
Resubdivision No. 1059
The proposal is consistent with the Land Use Element of the General Plan and the Local
Coastal Program Land Use Plan since the lots are designated for single - family
development, a permitted use in this area.
2. The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations)
and Class 15 (Minor Land Divisions).
3. The proposal will not be detrimental to persons, property or improvements in the
neighborhood and the resubdivision, as approved, would be consistent with the legislative
intent of Title 20 of the Newport Beach Municipal Code, for the following reasons:
• The design of the subdivision will not conflict with any easements acquired by the
public at large for access through or use of the property within the proposed
subdivision.
• The proposed lot sizes are compatible with the surrounding area and are generally
the same size as the lots of the original subdivision (30 x 89.62 ft. lots, or ?339
sq fF 2689 sq. ft.) when the Corona del Mar Tract was established.
• The lots created will result in nonconforming conditions with respect to setbacks,
but are more nearly conforming to the requirements of the Code than other
possible designs and the existing development.
• The Zoning Districting Maps are being amended to designate a front yard setback
that is more appropriate for the lots.
4. The following findings can be made to grant an exception to the Subdivision Code for lot
width and area:
• There are special circumstances that affect the properties; specifically, the lots
were subdivided in 1904 facing Iris Avenue. The lots were subsequently
developed with vehicular access to the interior property across the rear of the
corner property and establishing access from Iris Avenue is difficult due to the
steepness of the public street and the heavy vehicular and pedestrian traffic.
• The exception is necessary for the preservation and enjoyment of substantial
property rights of the applicant because the proposal will allow for both properties
A882 and Resubdivision No. 1059
March 4, 1999
Page 9
13
to function independently from each other with access provided for each property
as a result of the resubdivision.
• The granting of the exception will not be detrimental to the public welfare or
injurious to other properties in the vicinity since the proposed subdivision is more
comparable and compatible to the surrounding development than the existing
condition for the following reasons:
• The proposed average lot widths are 48.38 ft. and 48.5 ft. which is
more than the width of the existing lots and more than the width of
other lots in the area.
• The proposed lots are below the required size, but which is consistent
with the area. The resubdivision generally maintains the existing lot
size.
• The lots are oriented towards Breakers Drive, similar to others in the
area and consistent with existing development on the lots.
• The orientation of the proposed lots will have the potential to increase
open space, light and air to the properties located to the side and rear
of the subject lots created by the ten foot rear yard setbacks for both
properties, and although the existing dwellings are nonconforming at
the rear setback, any new development would be subject to the 10 foot
rear yard setback requirement.
• The proposed lot widths are consistent with the intent of the original
tract map and the exception as requested is consistent with the intent of
the Zoning Code because the Code includes provisions to allow the
continued use and redevelopment of substandard lots created before
August 2, 1943.
Conditions:
1. That a parcel map be recorded prior to the issuance of Building Permits unless otherwise
approved by the Public Works and Planning Departments. That the parcel map be
prepared on the California Coordinate System (NAD83) and that prior to recordation of
the parcel map, the surveyorlengineer preparing the map shall submit to the County
Surveyor a digital - graphic file of said map in a manner described in Sections 7 -9 -330 and
7 -9 -337 of the Orange County Subdivision Code and the Orange County Subdivision
Manual, Sub - article 18.
2. That prior to recordation of the parcel map, the surveyorlengineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Sections 7 -9 -330 and 7 -9 -337 of the Orange County
A882 and Resubdivision No. 1059
March 4, 1999
Page 10
1'�
•
Subdivision Code and the Orange County Subdivision Manual, Sub - article 18.
Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise
approved by the Subdivision Engineer. Monuments shall be protected in place if installed
prior to completion of the construction project.
3. A 15 foot radius return shall be dedicated to the City at the corner of the intersection of
Iris Avenue and Breakers Drive to eliminate the angle point at the southwesterly corner of
the property. The dedication shall be dedicated on the parcel map or by separate
document prior to the recordation of the parcel map.
4. Coastal Commission approval shall be obtained prior to recordation of the parcel map.
5. This resubdivision shall expire if the map has not been recorded within 3 years of the date
of approval, unless an extension is granted by the City Council.
A882 and Resubdivision No. 1059
March 4.1999
Page I I
D &L ENGINEERING
CALIFORNIA LICENSED CIVIL, STRUCTURAL, GEOTECHNICAL ENGINEERS
CALIFORNIA LICENSED LAND SURVEYORS
P.O. Box 3532
Newport Beach, CA 92659
Voice: (626) 979 -9366 4 Ph /Fax: (949) 515 -9139
Newport Beach, December 28, 1998
Re: District Amendment and GPA/ 5' front setback/ 3002 Breakers Dr. concurrent with
resubdivision map application for 3000/3002 Breakers Dr. Corona Del Mar
Dear Planning Commission President,
This is to emphasize that this application for District Map Amendment and General Plan
Amendment with concurrent resubdivision map application is motivated by the need to
bring a change to the zoning district to separate dwellings and accommodate for future
development by allowing 5' front setback.
It is based on the following findings:
I.
Special circumstances: The property is deprived from the privileges enjoyed by
other properties on Breakers Drive. The back house (3002 Breakers Drive) does not
have its own driveway. It is not possible to have public access on Iris due to narrow
street, steep slope and adverse retaining wall.
2. Substantial Property Rights: The granting of this application is necessary for
the preservation and enjoyment of substantial property rights. It will optimize full
potential usage of the property and allow owners to exercise their ownership rights
more fully. It will lead to higher enjoyment of ownership.
3. No special privileges: The granting of this application is consistent with the
purposes of this code and will not constitute a grant of special privilege inconsistent
with the limitations on other properties on Breakers Drive. Average buildable area
for the average lot (30x118, see Corona Del Mar Subdivision MM 3/41 -42 and Tract
1026 MM 33/38) is: 24 x 93 x 1.5 = 3.348 s.f. average buildable area.
Subject lot (3002 Breakers Drive) (assuming that 5' front setback requested in this
application is granted) will have: 1,670 x 1.5 = 2,505 s.f buildable area (see sketch
enclosed), thus still considerably smaller than the average. Therefore granting of 5'
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front setback is not a special privilege.
. 4. No detrimental or adverse effect: The granting of this application, under the
circumstances of this particular case, where existing R/W are wider than average
(Breakers Drive 35' R/W, Iris Avenue 80' R/W) and where the Northeasterly and
Southeasterly sides of 3002 Breakers Drive lot are adjacent to neighboring
driveways 20' wide average (see parcel map), will not materially affect adversely the
health or safety of persons residing or working in the neighborhood and will not be
materially detrimental to the public welfare or injurious to property or improvements
in the neighborhood.
Yours sincerely,
Luc J dy, RC
(626) 979 -9366 or
(949) 515 -9139 (in the evening)
0
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City of Newport Beach
Planning Commission Minutes
March 4, 1999 INDEX
SUBJECT: Davidsson Residence (D & L Engineering, applicant)
Item No. 1
3000 and 3002 Breakers Drive
Amendment No. 882
• Amendment No. 882
Resubdivision No. 1059
• Resubdivision No.1059
(Continued from February 18, 1999)
Approved
Amendment to revise Districting Map No. 18 to establish a 5 foot front yard
setback on Breakers Drive in conjunction with the resubdivision of two parcels of
land for the purpose of reorienting the front of the lots to Breakers Drive. An
exception to the Subdivision code is also requested because the interior parcel
is less than the required 50 foot lot width and 5,000 sq. ft. total area for interior
lots, and the corner parcel is less than the required 60 foot lot width and 6,000
sq. ft. total area for corner lots.
• Mrs. Garcia stated that there were two main issues regarding the
proposed project, compliance with subdivision requirements and
setbacks. She noted that there are three critical findings that must be
made to approve an exception to the subdivision code. Approval of the
project will allow both properties to operate independently of each with
separate access for each property. The proposed amendment will
establish 5 -foot front yard setback on Breakers Drive, which is consistent
with development along Breakers.
Mrs. Garcia also noted that staff has also received two letters from the
Breakers Drive Community Associations regarding potential parking
problems in the area. Mrs. Garcia explained that part of the demolition of
the front building, which is at 3000 Breakers Drive, includes a car port that
is currently occupied with storage materials. She stated it has come to
staff's attention that perhaps the parking is a problem because the
garages may not be used for parking vehicles. Mrs. Garcia stated that
staff will have Code Enforcement follow -up on that and make sure the
garages are accessible for parking to allay any problems in the area. Mrs.
Garcia provided the Commission with photographs of the carport and
storage area at 3000 Breakers. Mrs. Garcia pointed out that the second
floor above is the area to be demolished so that the 3002 property can
gain access to their garage.
• Commissioner Fuller referred to the staff report, and asked for clarification
of the lot sizes provided. Mrs. Garcia confirmed that 2689 square feet is
the correct number. Commissioner Fuller said if that change were made
there then they would also make the change under Resubdivision No.
1059, page 9, Item 3, second bullet point. Mrs. Garcia agreed.
Commissioner Fuller referred to page 6, the 4th line from the bottom, under
Amendment No. 882, it says, "...the exception of both rear yards, which
are 2 feet and 5 feet, instead of 10 feet...," he asked if that is referring to
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City of Newport Beach
Planning Commission Minutes
March 4, 1999
the setbacks. Mrs. Garcia responded yes. Commissioner Fuller asked if it
should be 3 feet? Mrs. Garcia clarified that the rear yard setback will be
required to be 10 feet, and that existing buildings are currently set back
respectively.
Commissioner Fuller asked if they are deleting some parking area? Mrs.
Garcia stated she is not sure whether the carport is currently being used,
but both 2- family dwellings have 2 enclosed parking spaces, which is the
minimum required by code. Commissioner Fuller asked if, after demolition,
this would still comply? Mrs. Garcia responded yes.
Commissioner Ashley asked if the two communications received from the
Board of Directors of the Breakers Community Association were signed?
Mrs. Garcia responded that they were received unsigned. Commissioner
Ashley asked if we know that the letters are authentic and sent by the
Breakers Association? Mrs. Garcia noted she received a call from Mr.
Jack Larson who said he represented the Board of Directors, and he also
came in to look at the plans. Assistant City Attorney Clausen stated
because there is not a signed letter, the letter can be considered with the
weight it carries.
• Chairman Selich referred to the photograph of the property and asked if
there would be sufficient room in front of the garage for two off - street
parking spaces? Mrs. Garcia noted for clarification, in front of the 3002
Breakers Drive property, which is the interior lot, there is approximately 23
to 24 feet in the front of the garage. Chairman Selich noted, of all existing
parking spaces, whether they are being used or not, that this would be
losing one parking space, the carport, and asked if that is correct. Mrs.
Garcia responded that is correct.
Public Comment opened.
Luc Jeudy, 418 Santa Ana Avenue, Newport Beach, applicant, requested the
approval of his request. Chairman Selich asked Mr. Jeudy if he is in
agreement with the conditions of approval. Mr. Jeudy stated he is in
agreement with the findings.
Commissioner Fuller asked Mr. Jeudy how long he anticipates the
improvements will stay there and what plans does he have beyond this
project? Mr. Jeudy said a demolishing permit has been applied for and will
be started as soon as they have the permit. Commissioner Fuller asked, going
beyond that, what are Mr. Jeudy's plans to demolish both buildings? Mr.
Jeudy stated that those buildings will remain and be improved, depending
on the owner's desires. Commissioner Fuller suggested that if Mr. Jeudy were
to demolish both buildings, that he could straighten the lot line in the center
and have two lots with more frontage of the ocean. Mr. Jeudy said he
3
INDEX
I
City of Newport Beach
Planning Commission Minutes
March 4, 1999
understood what Commissioner Fuller was asking, but the intent of the owner
is to preserve the two structures after the partial demolition is done, and use
the structures as they exist today
Charlotte Stevens stated she lives behind the property, and the property in
the front is for sale. She is concerned because of the height factor in case
they decide to scrape one or two of these buildings. Ms. Stevens stated she
does not have any problem with what they are doing now. She wanted to
know to whom she could talk to and find out how high they can go in front of
her. Ms. Stevens said she has a 4 -story structure, and the property in front of
her is a 2 -story structure. She said when she bought the property she was told
they could not go higher than 7 -feet and tonight she is hearing other things.
Ms. Stevens asked if this is a matter she should be concerned about? Ms.
Temple explained that the property Ms. Stevens lives in was built with the
benefit of a variance, and is higher than the height limit allows. Ms. Temple
stated the two properties under consideration are subject to the height
restrictions of the 24 -foot height limit, which allows for an average roof height
of 24 -feet above the existing grade, and a maximum ridge height of a
pitched roof at 29 -feet. Ms. Temple suggested that Ms. Stevens could make
an appointment with staff to review how we determine compliance with the
height limit. Ms. Temple noted, in absence of a variance, any structure would
have to comply with that.
Public Comment closed.
Commissioner Gifford made a motion to adopt Resolution No. 1492
recommending to the City Council approval of the Amendment No. 882 and
Resubdivision No. 1059 with the Findings and Conditions shown in the staff
report. Commissioner Kranzley asked if the motion would include the
changes in the staff report? Commissioner Gifford responded it would
include the change in the numerical multiplication on page 4, third line down
from 2529 square feet to 2689 square feet. The change would also include
the numerical figure in Resubdivision 1059, on page 9, item 3, second bullet
point.
Ayes: Fuller, Tucker, Ashley Sellch, Gifford, Kranzley, and Hoglund
Noes: None
Absent: None
Abstain: None
SUBJECT: _.Discussion of Planning Commission approach and
p3rh6pation in upcoming General Plan Amendments
(Requested by drdirmon.S lich).
Chairman Selich noted that the City Council, a week ago anday.
INDEX 0
0
Item No. 2
Discussion
Discussion continued
to March 18, 1999
40
r6m
A variance to'Weed the height limits for proposed alterations and additions to I Variance withdrawn
an existing single lbri. ily dwelling unit.
Mr. Patrick Alford noted t allowing:
• Subject property possess ecial circumstances: topography confining
development to the south t corner of the property and in close
proximity to a horse rink.
• At issue is whether strict application eight limits may deprive property
owner of a substantial property right.
• Garage and berm serving as buffer conform the height limit - no relief
is necessary from the zoning regulations to all substantial use of the
property.
• View from first level may be impaired but this is a desig onsequence -
not appropriate to use as justification for a variance.
• Findings to support a variance are not present in this case.
At Commission inquiry, Mr. Alford confirmed the following addition
0 2
P
City of Newport Beach
Planning Commission Minutes
February 18, 1999
INDEX
SUBJECT: Davidsson Residence (D & L Engineering, applicant)
Item No. 1
3000 and 3002 Breakers Drive
Amendment No. 882
• Amendment No. 882
Resubdivision No. 1059
• Resubdivision No.1059
Amendment to revise Districting Map No. 18 to establish a 5 foot front yard
Continued to
setback on Breakers Drive in conjunction with the resubdivision of two parcels of
03/04/1999
land for the purpose of reorienting the front of the lots to Breakers Drive. An
exception to the Subdivision code is also requested because the interior parcel
is less than the required 50 foot lot width and 5,000 sq. ff. total area for interior
lots, and the corner parcel is less than the required 60 foot lot width and 6,000
sq. ft, total area for corner lots.
This item was continued, at staff's request, to the next Planning Commission
meeting of March 4' "to allow for re- noticing of the applications.
Motion was made by Commissioner Kranzley to continue this item to March
4 , as staff requested.
Ayes: Fuller, Ashley, Selich, Gifford, Kranzley
Noes: None
Absent: None
Abstain: None
..-
�_. -.. - r n•:e...:u:.:::e::.V'.iJ�= ids >,K4H:?.°+tY�N✓1Ss'Md'N:Y+yY+^
.sw-l- ._ vi:+ 6' KKifiM .iYY`Y6'AtY/'.f.Ni?)�1MiL',M V'Sa,l4���^��
"-, OBJECT: Moriarty Residence (Fleetwood B. Joiner, applicant)
Item No. 2
N, 2128 Mesa Drive
Variance No. 1226
• Variance No. 1226
A variance to'Weed the height limits for proposed alterations and additions to I Variance withdrawn
an existing single lbri. ily dwelling unit.
Mr. Patrick Alford noted t allowing:
• Subject property possess ecial circumstances: topography confining
development to the south t corner of the property and in close
proximity to a horse rink.
• At issue is whether strict application eight limits may deprive property
owner of a substantial property right.
• Garage and berm serving as buffer conform the height limit - no relief
is necessary from the zoning regulations to all substantial use of the
property.
• View from first level may be impaired but this is a desig onsequence -
not appropriate to use as justification for a variance.
• Findings to support a variance are not present in this case.
At Commission inquiry, Mr. Alford confirmed the following addition
0 2
P
P.O. Box 473 R1_CE iVED
Corona del Mar, California 92625
April 2, 1999 ;•; :1,u
The Hon. Dennis O'Neil
Mayor
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
Dear Sir,
Per our conversation today, I am sending you the Breakers Drive Association's opinion
of the proposed Revision of the District Map # 18 for Lot 28, Block A36; Corona Del Nlar
Tract and a portion of Parcel 1 of Parcel ivlap No. 284 -1, Amendment No. 882,
Resubdivision No. 1059 pertaining to 3000 and 3002 Breakers Drive. Opposite the 3000
address is the electric gate to Breakers Drive.
Because of the congestion at this particular site, we feel that the residents are in jeopardy
of not getting adequate service in case o fire or emergency medical if this change in the
resubdivision is followed through, which is a 5 ft. front yard setback on Breakers Drive.
Every parcel on Breakers Drive has a 10 ft. offset or more, and we do not feel that there
is a need to change this standard.
Breakers Drive Association is an incorporated association that has been incorporated for
over 30 years. We are an association that represents twenty homeowners. The
association responsibility is to maintain the street, oversee the maintenance of the electric
gate. We hold annual meetings every February, when officials are elected, the budget
reviewed and tabled items discussed.
It was nice to talk to you, and Breakers Drive Association will appreciate anything you
can do in regards to the above matter.
Sincerely,
BREAKERS DRI ASSOCIATION, INC.
`s
Jack B. Larson, Secretary
3024 Breakers Drive
Corona del Mar, CA 92625
i
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VICINITY MAP
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CORONA DEL MAR STATE BEACH
AMENDMENT NO. 882
RESUBDIVISION NO. 1059
1 Subiect Prooertv and Sutroundina Land Uses
Current Development: The subject property is comprised of two parcels of land occupied by a single
family dwelling on each parcel.
To the north: Across Ocean Blvd., are single family detached dwellings.
To the east: Is a duplex and two - family dwellings
To the south: Is the parking lot for the Corona Del Mar State Beach.
To the west: Across his Avenue is a single family dwelling.
• A882 and Resubdivision No. 1059
February 19. 1999
Page 2
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