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HomeMy WebLinkAbout1975 - VARIANCE - 2723 Ocean Blvd RESOLUTION NO. 1975 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. VA2014-005 FOR AN ADDITION TO A SINGLE-UNIT RESIDENCE THAT WOULD ENCROACH INTO THE REQUIRED FRONT AND REAR SETBACKS AND EXCEED THE HEIGHT LIMIT FOR PROPERTY LOCATED AT 2723 OCEAN BOULEVARD (PA2014-131) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Scott Schaffer of C. J. Light Associates, with respect to property located at 2723 Ocean Boulevard, and legally described as a Portion of Lot 33, Corona del Mar Tract, requesting approval of a variance. 2. The applicant's request includes a variance application for an addition and remodel of an existing single-unit residence allowing: 1) a new, two-car garage to encroach 10 feet into a required 10-foot rear setback along Way Lane; 2) an addition and light well to encroach 10 feet into the required 10-foot front setback along Ocean Boulevard; and 3) an addition at the rear of the residence that would exceed the 24-foot height limit from grade by approximately 19 feet. Construction will not exceed the top of curb height from Ocean Boulevard. The existing house and garage total 3,492 square feet in gross floor area. The proposed addition is 2,698 square feet for a total of 6,190 square feet. 3. The subject property is located within the Single-Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single-Unit Residential Detached (RS-D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single-Unit Residential Detached (RSD-B). 5. A public hearing was held on March 19, 2015, in the Council Chambers 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301 and Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) Planning Commission Resolution No. 1975 Page 2 of 8 under Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures). 2. Class 1 exempts minor alterations to existing facilities involving negligible expansion of use beyond that existing at the time of the lead agency's determination. Class 3 exempts the construction of limited numbers of new, small structures, including one single-family residence. The proposed project is an addition to an existing single-family residence located within the Single-Unit Residential Zoning District. SECTION 3. FINDINGS. In accordance with Section 20.52.090 (Variances) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: 1 . The subject property is approximately 7,340 square feet in area. A City right-of-way is located between the eastern property line and Ocean Boulevard curb line that varies in width between 35 feet and 45 feet. The depth of the lot varies between 75 and 85 feet. The property slopes down from Ocean Boulevard to Way Lane with a grade change of approximately 60 feet. The buildable area of the lot is constrained by the steep sloping topography of the site. The development on the site is also constrained by the Ocean Boulevard curb height limit, which further limits the location and height of structures on site. The location of the proposed garage within the rear setback would reduce excavation of the coastal bluff that would be required to construct the garage behind the 10-foot rear setback line. Finding: B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. Facts in Support of Finding: 1. The exception to the height limit and setback encroachments are necessary to allow a house to be built close to the maximum floor area limit of 1 .5 times the buildable area of the lot. The buildable area of the subject property is 4,553.6 square feet, the maximum floor area is 6,830.4 square feet, and the proposed total floor area is approximately 6,190 square feet. The site constraints create challenges to designing a house of comparable 07-22-2014 Planning Commission Resolution No. 1975 Page 3 of 8 size to other properties in the area without encroaching into setbacks and exceeding the height limit. 2. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights, as the proposed addition is of comparable size and height to other buildings on the bluff side of Ocean Boulevard. 3. Due to topographical constraints located on the bluff side of Ocean Boulevard, several other properties have access from Way Lane and have garages which encroach into the rear setbacks, and the proposed encroachment into the rear setback is consistent with the setbacks maintained by structures on adjacent properties. Several other nearby properties have encroachments into the side setbacks and front setback at Ocean Boulevard. 4. Alley access is typical in Corona del Mar and most properties in the area have a 5-foot rear alley setback requirement, depending on the alley width. Way Lane essentially functions as an alley for the subject property, and if it were an alley, the Zoning Code would allow for no rear setback because Way Lane is 20 feet wide. Finding: C. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Finding: 1. The granting of the Variance is necessary for the preservation and enjoyment of substantial property rights, as the proposed project allows for development on the constrained site. The Variance allows the property owner to construct a dwelling that meets their needs, is close to the maximum floor area limit for the site, and provides the code-required parking. Finding: D. Granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. Facts in Support of Finding: 1. The Variance does not constitute a grant of a special privilege as it allows the property owner to develop a residence that is comparable to and compatible with other lots in the vicinity that are identically zoned. The proposed encroachments into the required setbacks and proposed height limit exception do not result in a special privilege as the Variance allows the property owner to construct a dwelling that meets their needs while limiting setback encroachments and alteration of the coastal bluff. The proposed addition is of comparable height and maintains similar setbacks as compared to other buildings on the bluff side of Ocean Boulevard. 07-22-2014 Planning Commission Resolution No. 1975 Page 4 of 8 2. See statements B-3 and B-4 in support of this finding. Finding: E. Granting of the variance will not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. Facts in Support of Finding: 1. The proposed encroachment will not affect the flow of light or air to adjoining residential properties as adequate separation is provided and no additional above grade encroachments are proposed into the side setbacks. 2. The design of the structure includes adequate articulation, modulation, open volume consistent with the requirements of the Zoning Code, and privacy for the abutting properties. 3. Way Lane functions similar to an alley and is 20 feet in width, providing sufficient turning area for vehicles to utilize the proposed garage and for other vehicles to pass. 4. The proposed addition would exceed the height limit by approximately 19 feet and the highest portion of the addition would match the height of the existing structure. The over- height portion of the addition would not project any further towards the rear of the lot than the existing structure; therefore, the addition would not further impede views through the lot from abutting properties. 5. The granting of the Variance will not adversely impact public views from Ocean Boulevard because the proposed addition is below the top of curb height restriction and the front setback encroachment will not be visible from the street as they would be below grade with the finished floor at approximately 20 feet below the adjacent curb elevation. 6. The existing garage setback encroachments have not proven detrimental. Finding: F. Granting of the variance will not be in conflict with the intent and purpose of this section, this Zoning Code, the General Plan, or any applicable specific plan. Facts in Support of Finding: 1. The Zoning Code provides the flexibility in application of land use and development regulations through the Variance review process. The Variance procedure is intended to resolve practical physical hardships resulting from the unique topography and lot configurations that exist in the City and on this property. Due to the topography of the lot, location and design of the existing structure, top of curb height limit, height and design of 07-22-2014 Planning Commission Resolution No. 1975 Page 5 of 8 buildings on neighboring properties, lack of negative impact to public and private views, and limited area that is feasible to develop on, the height limit exception and setback encroachments can be approved by the Planning Commission through the Variance request. 2. The subject property is designated for single-unit residential use and the granting of the Variance would not increase the density beyond what is planned for the area, and will not result in additional traffic, parking, or demand for other services. 3. Setbacks required by the Zoning Code govern the location of structures on a lot and provide for open areas around structures for visibility and traffic safety, access to and around structures, access to natural light and ventilation, separation of incompatible land uses, space for landscaping and recreation, protection of natural resources, and safety from fire and geologic hazards. The variance maintains appropriate setbacks for the property consistent with the existing development pattern along Way Lane. 4. The driveway at the Ocean Boulevard right-of-way is existing; therefore, the retention of the garage and driveway is consistent with General Plan Policies CE 7.1.11 and CE 7.1.12. 5. The subject property is not located within a specific plan area. 07-22-2014 Planning Commission Resolution No. 1975 Page 6 of 8 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2014-005 as modified, 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 fourteen (14) days following the date this Resolution is adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 19TH DAY OF MARCH, 2015. AYES: Koetting, Kramer, Lawler, and Myers NOES: Hillgren and Tucker ABSTAIN: None ABSENT: Brown BY: Larry Tucker, Chair BY s, S cretary 07-22-2014 Planning Commission Resolution No. 1975 Page 7 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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 Use Permit. 4. This Variance may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. The project shall not exceed the top of curb height pursuant to Zoning Code Section 20.30.060(B4). 6. City Council review and approval shall be required for the non-standard improvements (i.e., retaining walls, railings, stairs, etc.) within the Ocean Boulevard public right-of- way if the proposed improvements are not consistent with City Council Policy L-6. If approved by City Council, the property owner shall be required to obtain an encroachment permit for construction of the non-standard improvements and obtain an Encroachment Agreement for non-standard improvements. 7. A copy of the Resolution, including conditions of approval (Exhibit "A") shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. 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 either the current business owner, property owner or the leasing agent. 10. This approval shall expire and become void unless exercised within twenty-four (24) months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 07-22-2014 Planning Commission Resolution No. 1975 Page 8 of 8 11. 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 or indirectly) to City's approval of the Ingram Variance including, but not limited to, Variance No. VA2014-005. 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. 12. The applicant shall coordinate with Community Development and Public Works staff to determine if a hammerhead design may be incorporated into the driveway to allow vehicles exiting the residence to enter Ocean Boulevard in a forward direction. If determined to be feasible by City staff, the hammerhead design shall be incorporated into the driveway. 07-22-2014