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HomeMy WebLinkAbout17 - 2949 Cliff Drive Appeal (PA2009-149)CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No 17 July 27, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Melinda Whelan, Assistant Planner 949 - 644 -3221, mwhelan @newportbeachca.gov SUBJECT: Cliff Drive Appeal (PA2009 -149) 2949 Cliff Drive • Modification Permit No. MD2009 -030 ISSUE: Should the City Council approve an appeal and overturn the Planning Commission's decision to deny Modification Permit No. MD2009 -030 for the encroachment of portions of an 'existing outdoor room and exterior fireplace into required side yard and rear yard setbacks? RECOMMENDATION: 1) Conduct a de novo hearing; and 2) Adopt the attached draft resolution to deny the appeal and uphold and affirm the decision of the Planning Commission to deny Modification No. 2009 -030, subject to the findings included within the draft resolution (Attachment CC1). DISCUSSION: Project Description The improvements that are the subject of Modification Permit No. MD2009 -030 are an outdoor room and exterior fireplace that were constructed without required permits.The split -level outdoor room is comprised of full- height wall sections supporting a solid roof (Attachment CC 7). The outdoor room is 762 square feet and includes a fireplace. Retention of these improvements requries a Modification Permit for the following encroachments into the required setbacks: Cliff Drive Appeal July 27, 2010 Page 2 • A 10- foot -10 -inch high portion of the outdoor room a minimum of 10 inches to a maximum of 1 foot into the 4 -foot side yard setback. This encroachment spans 22 lineal feet. • An 11- foot -3 -inch high portion of the outdoor room a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches into the 10 -foot rear yard setback. This encroachment spans 29 lineal feet. • 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. Zoning Administrator Action The Zoning Administrator held a public hearing on Modification Permit No. MD2009 -030 on February 11, 2010. The Zoning Administrator denied the application because the applicant provided no facts to support the findings required to approve a modification permit (Attachment CC 3). Planning Commission Action An appeal of the Zoning Administrator's action was filed by the applicant. The Planning Commission held a de novo public hearing on Modification Permit No. MD20009 -030 on May 20, 2010. The Commission also discussed Building Department plan check corrections, which indicated that the as -built outdoor rooms were not in compliance with the Building Code. The plan check corrections also stated that additional engineering information would be required to determine if the outdoor rooms could meet structural requirements and whether they could be supported at their existing locations (Attachment CC 5). The statement submitted by the applicant did not provide facts to support any of the required findings for approval of the Modification Permit (Attachment CC 4). The Planning Commission could not make the required modification permit findings and upheld the Zoning Administrator's decision to deny Modification Permit No. MD2009- 030 (Attachment CC 6). The following are the required findings found in Section 20.93.030 (Required Findings) of the Zoning Code: A. The granting of this application 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. B. The requested modification will be compatible with existing development in the neighborhood. C. The granting of this Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of Cliff Drive Appeal July 27, 2010 Page 3 the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. The applicant's appeal statement (Attachment CC 4) provides no new facts to support the required findings. fherefore, sta recommends that the Council uphold and affirm the Planning Commission's decision and deny the application with the findings provided in the draft resolution (Attachment CC 1). Environmental Review: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The accessory structures are alterations that involve no expansion of use. Public Notice: Notice of this public hearing was published in the property within 300 feet of the boundaries of the site on the subject property at least 10 days prior t o provisions of the Municipal Code. Additionally, the this meeting, which was posted at City Hall and on t Alternatives: Daily Pilot, mailed to all owners of including the applicant, and posted this hearing consistent with the item was shown on the agenda for he City website. The City Council may overturn the Planning Commission's decision and approve Modification Permit No. MD2009 -030. Prepared by: Melinda Whelan, Assistant Planner ATTACHMENTS Submitted by: CC 1 Draft Resolution CC 2 Project plans CC 3 Zoning Administrator Action Letter February 11, 2010 CC 4 Reasons for appeal submitted by applicant CC 5 Building Department plan check corrections CC 6 - Planning Commission staff report and Resolution No. 1808 CC 7 Photos Attachment No. CC 1 Draft Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING MODIFICATION PERMIT NO. MD2009 -030 FOR THE ENCROACHMENTS OF AN EXISTING OUTDOOR ROOM AND EXTERIOR FIREPLACE INTO REQUIRED SIDE YARD AND REAR YARD SETBACKS (PA2009 -149). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Antonio Cagnolo owner of property located at 2949 Cliff Drive, legally described as First Add to Newport Heights Portion of Lot 3, Block B, requesting approval of Modification Permit No. MD2009 -030. The applicant proposed the following permanent encroachments into required setbacks: • A 10- foot -10- inch -high portion of the outdoor room a minimum of 10 inches to a maximum of 1 foot into the 4 -foot side yard setback. This encroachment spans 22 lineal feet. • An 11- foot -3- inch -high portion of the outdoor room a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches into the 10 -foot rear yard setback. This encroachment spans 29 lineal feet. • 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. 2. At a noticed public hearing held on February 11, 2010, the Zoning Administrator considered the application, plans, and written and oral evidence presented at this meeting, and denied Modification Permit No. MD2009 -030 based on findings of denial. 3. On February 26, 2010, an appeal of the Zoning Administrator's decision to deny Modification Permit No. MD2009 -030 was filed Antonio Cagnolo with the Planning Department. 4. The Planning Commission held a public hearing on May 20, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The Planning Commission considered evidence, both written and oral presented at this meeting, and affirmed and upheld the Zoning Administrator's decision and denied Modification Permit No. MD2009 -030. 5. A public hearing was held on July 27, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. City Council Resolution No. _ Paqe 2 of 3 Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 3. FINDINGS. The City Council finds as follows: 1. The subject property is located in the R -1 Zoning District and has a required 10 -foot rear yard setback and required 4 -foot side yard setbacks. The Zoning Code allows certain structures up to a height of 6 feet within required rear and side yard setbacks. 2. The natural grade of the property slopes downward in the southwest corner of the rear yard; however, it does not restrict the use of the large rear yard area of the 10,737 - square -foot lot. A previous modification, which allowed the addition of an elevated concrete backyard deck, created the ability to use the sloping rear yard area. The existing backyard deck area allows for use of a large rear yard area providing sufficient space for patio structures and an exterior fireplace without encroachments into the required rear and side yard setbacks, meeting requirements of the Code for this particular property. There are no practical difficulties or physical hardships associated with the property to allow for the encroachments. 3. The appealed action and the requested modification would not be compatible with existing development in the neighborhood, as similar encroachments do not exist. The rear yard encroachment is currently adjacent to a vacant lot and could create incompatibility with future development of the vacant lot such as the construction of a single - family dwelling. Development of the vacant lot would require a 10 -foot rear yard setback consistent with R -1 zoning and the subject property would not provide the required 10 -foot rear yard setback leaving less separation between single - family dwellings than the zoning requirements intend to create and that currently exist in the neighborhood. F1Users \PLN \Shared \PA's\PAs - 2010 \PA2010 -062 City Council Resolution No. Paqe 3 of 3 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach does hereby deny the Appeal and affirms the Planning Commission's denial of Modification Permit No. MD2009 -030. PASSED, APPROVED AND ADOPTED THIS 27th DAY OF JULY, 2010. IDYL EXCUSED: MAYOR ATTEST: CITY CLERK F: \Users\PLN \Shared \PA's \PAs - 2010 \PA2010 -062 Attachment No. CC 2 Project Plans Attachment No. CC 3 Zoning Administrator Action Letter February 11,2010 February 11, 2009 NOTICE OF ZONING ADMINISTRATOR ACTION PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 (949) 644 -3200 FAX (949) 644 -3229 Antonio Cagnolo 2949 Cliff Drive Newport Beach, CA 92663 Application No. Modification Permit No. MD2009 -030 (PA2009 -149) Site Address 2949 Cliff Drive Cliff Drive Modification On February 11, 2009, the Zoning Administrator denied the above referenced application based on the findings in the attached action letter. By: , lwc�a'4LY'ez J s W. Campbell, Zoning Ad inistrator JWc: MSW APPEAL PERIOD: Modification Permit applications do not become effective until 14 days after the date of action, during which time an appeal may be filed with the Planning Commission Secretary in accordance with the provisions of the Newport Beach Municipal Code. Tentative Parcel Map, Condominium Conversion, Lot Merger, and Lot Line Adjustment applications do not become effective until 10 days following the date of action, during which time an appeal may be filed with the Planning Commission Secretary in accordance with the provisions of the Newport Beach Municipal Code. For additional information on filing an appeal, contact the Planning Department at 949 644 -3200. cc: property owner Antonio Cagnolo 2949 Cliff Drive Newport Beach,CA 92663 Tmplt:11 /23/09 contact Bror Monberg 3432 Via Oporto, Ste 209c Newport Beach, CA 92663 Application No. Applicant Site Address Legal Description MODIFICATION PERMIT ACTION LETTER PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 (949) 644 -3200 FAX (949) 644 -3229 Modification Permit No. MD2009 -030 (PA2009 -149) Antonio Cagnolo 2949 Cliff Drive FIRST ADD TO NEWPORT HEIGHTS LOT 3 BLK B POR OF LOT On February 11, 2010, the Zoning Administrator denied the subject modification permit application. The applicant requested the following encroachments into required side yard and required rear yard setbacks: a minimum of 10 inches to a maximum 1 foot with the posts of a 10 -foot 10- inch -tall patio structure into the 4 -foot side yard setback, a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches with the posts of an 11 -foot 3- inch -tall patio structure into the 10 -foot rear yard setback, and 5 feet 4 inches with a 14 -foot 3 -inch- tall exterior fireplace into the 10 -foot rear yard setback. The structures were built without the benefit of permits. The property is located in the R -1 (Single - Family Residential) District. The Zoning Administrator's denial is based on the following findings. FINDINGS 1. The subject property is located in the R -1 Zoning District and has a required 10 -foot rear yard setback and required 4 -foot side yard setbacks. The Zoning Code allows certain structures up to a height of 6 feet within required rear and side yard setbacks. 2. The natural grade of the property slopes downward in the southwest corner of the rear yard; however, it does not restrict the use of the large rear yard area of the 10,737 - square -foot lot. The applicant states that a previous modification, which allowed the addition of an elevated concrete rear yard deck, created the ability to use the sloping rear yard area and that the proposed encroachments are requested to take advantage of the limited side yard area. However, the existing deck allows for use of a large rear yard area providing sufficient space for patio structures and an exterior fireplace without encroachments into the required rear and side yard setbacks, meeting requirements of the Code for this particular property. Staff finds no practical difficulties or physical hardships associated with the property to allow for the encroachments. 3. The request would not be compatible with existing development in the neighborhood as similar encroachments do not exist. The rear yard encroachment is adjacent a vacant lot however, it could create incompatibility with future development of Cliff Drive Modification February 11, 2010 Page 2 adjacent a vacant lot however, it could create incompatibility with future development of the vacant lot as a single family dwelling which is intended to abut other single family properties with 10 -foot rear yard setbacks. APPEAL PERIOD Modification Permit applications do not become effective until 14 days after the date of action, during which time an appeal may be filed with the Planning Commission Secretary in accordance with the provisions of the Newport Beach Municipal Code. Tentative Parcel Map, Condominium Conversion, Lot Merger, and Lot Line Adjustment applications do not become effective until 10 days following the date of action, during which time an appeal may be filed with the Planning Commission Secretary in accordance with the provisions of the Newport Beach Municipal Code. By� � 6/ James W. Campbell, koning Admil istrator Jwc /msw Attachments: Vicinity Map Appeared in Opposition: Appeared in Support: F: \Users \PLN \Shared \PA's \PAs - 2009 \PA2009 -149 Tmple 11/23/09 Attachment No. CC 4 Reasons for appeal submitted by applicant ANTONIO CAGNOLA 2949 CLIFF DRIVE NEWPORT BEACH, CA 92660 May 17, 2010 Mr. David Lepo Ms. Melinda Whelan Planning Department City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 RE: MODIFICATION PERMIT NO. MD200M30 Dear Mr. Lepo and Ms. Whelan: REC r- 1,5VED ?010 JUN -3 PM 1: 52 C` i; C: nc 0" CLIRK CITY Pursuant to the above referenced Modification Permit application, we would like to provide the following Required Findings that will allow the Zoning Administrator to conditionally approve the modification permit: 1. The approval with conditions is required due to the physical and practical property hardships for the project. The existing improvements on the property have pushed the structure into the easement due to the existing foundation and structural supports that exist for the improvements on the property. It is not possible to adequately provide the necessary structural improvements for the structure without a limited encroachment into the easement 2. The modification request is highly compatible with many existing structures located on homes in the neighborhood. The gazebo and fireplace complement the existing improvements on the property and enhance the curb appeal from the adjacent property to the north. In addition, the public view corridor will be greatly enhanced when the community views the property from Pacific Coast Hwy, customers of the BMW Dealership and traffic along Avon Street. 3. The approval of the modification will not adversely affect the safety or health of existing inhabitants residing in the residence. It is not a destructive addition and will cause no harm to any neighbors or the public. In addition, the structure will not affect the surrounding community or any persons working in the neighborhood. It will not be detrimental or injurious to the general welfare of the community, nor be detrimental to the improvements in the neighborhood. The structure is located next to a 20' hedge that substantially blocks it from its only neighbor to the north. I would like to provide some information and background on the property. My family has owned and resided in this home for over 23 years. The original home that was purchased in 1987 was a two (2) bedroom, one (1) bath residence originally built in the 1920's. Approximately 15 -17 years ago, we started the first of what were many major improvements to the property. Over the past 15 years, we have substantially improved the appearance of the residence, which has greatly enhanced the values of nearby properties. In addition, our family has dutifully maintained the privately owned vacant lot directly below our property to reduce overgrowth, weed abatement, and fire hazards. The vacant lot is heavily sloped with trees and shrubs. The same person has owned it since 1973. The backyard improvements were started over 2 years ago with the addition of a patio, pool, and landscaping improvements costing over $250,000. 0 Page 2 June 3, 2010 As a commitment to my lifelong assistance in helping the community and the less fortunate, as the owner of Antonellos Restaurant in South Coast Village, I have been honored as a multiple winner of the Golden Scepter Award and Circle of Fame Awards, two of the most prestigious honors a restaurateur can receive. In addition, my family is devoted to the time - honored commitment to charitable concerns that have been recognized numerous times. I am most proud of my membership and involvement in I Padrini, which is a group of businessmen who privately support children's causes and who have chosen to sponsor Canyon Acres. Canyon Acres Children and Family Services has been serving children throughout Newport Beach and the greater Orange County area since 1980, providing the highest level of care and therapeutic treatment to children who suffer from a variety of emotional and psychological disorders. Canyon Acres gives children nurturing, treatment, and opportunities that they need to grow up in safe, living, and stable families. I have hosted numerous charity events at my residence utilizing the existing backyard improvements to raise funds for truly needed causes. We look forward to discussing this matter further in order to obtain the necessary approvals. We greatly appreciate your continued assistance with this application and we are willing to accept certain conditions with your approval. Sincerely, ; ntortio Cagnolo Homeowner Attachment No. CC 5 Building Department plan check corrections Project Description Project Address: CITY OF NEWPORT BEACH BUILDING DEPARTMENT 3300 NEWPORT BLVD. P.O.BOX 1768, NEWPORT BEACH, CA (949) 644 -3275 RESIDENTIAL PLAN CHECK CORRECTIONS DETACHED 762 S.F. PATIO COVER 2949 CLIFF DR Plan Check No.: 1069 -2009 Use: PATIO COVER Architect/Engineer: BROR MONBERG Owner: ANTONIO CAGNOLO Checked by: Date Filed: 07/23/2009 No. Stories: 1 Occupancy: U Phone: Phone: (949) 644 -32 Const.Type: VA Phone: (949) 675 -1401 Submitted Valuation: Permit Valuation: X❑ 1s` Check 814/09 ❑ 2"' Check ❑ 3rd Check 4`h Check* *NOTE: Do not resubmit. Call plan check engineer for an in- person recheck appointment. WARNING: PLAN CHECK EXPIRES 180 DAYS AFTER SUBMITTAL. THIS PLAN CHECK EXPIRES ON: 0112712010 Approval of plans and specifications does not permit violation of any section of the Building Code or other City ordinances or State law. This plan check is according to 2007 California Building Code, 2007 CPC, 2007 CEC • Make all corrections listed below • Resubmit originally checked plans and indicate the location of response on this sheet. DO NOT resubmit after the third check. Call plan check engineer and schedule in- person recheck. • Return this sheet with corrected plans • For checking status of plans: call (949) 644 -3288 during business hours, or may be verified 24 hours 7 days a week via the Internet at: www. city. newport- beach.ca.us/building /or interactive voice response at (949) 644 -3255 • For clarifications on corrections, you may call the Plan Check Engineer or schedule an appointment. • When new information is provided after plan check due to corrections or otherwise, additional plan review time may be necessary upon resubmittal. Review of new information may result in additional corrections. Shared \Correction Lists \ResCorr2007 02/04/09 GENERAL APPROVAL IS REQUIRED FROM: a. Building Department b. Planning Department 2. Provide with each set of plans: a. Foundation Plan of existing deck and pile /caisson as referenced on plans b. Elevations of new construction or additions c. Grading /Drainage plan and details d. Site Survey and location of corner monuments e. Structural Details 3. Specify exact area of all structures on drawings cover sheet. 4. Provide fully dimensioned plot plan to scale. Show lot size, street, alley, easements, parking spaces, division walls, all projections, and location of all buildings. 5. Distance from face of the foundation to property line to be zoning setback plus wall finish thickness (minimum). 6. Final architectural drawings to be stamped, wet- signed and dated by the design architect. Signature stamps, photocopied or electronic signatures are not sufficient. Show all floor elevations, natural and finish grade elevations. EXTERIOR WALLS Exterior walls of accessory structures closer than 5 ft. to the property line shall be 1 -hour fire - resistance -rated construction. CBC Table 602 No openings shall be permitted in the exterior walls, including vents, of Group R -3 & Group U Occupancies where the exterior wall is 3 ft. or closer to the property line. CBC Table 704.8 10. Where the exterior wall of Group U- occupancy structure is located > 3 ft. and < 5 ft. to the property line, the total area of protected openings is limited to 15% of the wall area, including vents. Unprotected openings are not permitted. CBC Table 704.8 11. Projections, including eaves, are not permitted in Group U (detached garage) @ 3.4 ft. or closer to the property line. Projections located > 3.4 ft. and < 5 ft. to the property line shall be of at least 1 -hour fire - resistance -rated construction. CBC 704.2, 704.2.3, Table 704.8 MEANS OF EGRESS 12. Guards shall meet the following: a. Provide guards where the open side is more than 30 inches above the floor or grade below. CBC 1013.1 b. Guard height shall be a minimum of 42 inches. CBC 1013.2 c. Openings between intermediate balusters shall preclude the passage of a 4 inch diameter sphere. CBC 1013.3 13. Provide connection details of guardrail and /or handrail adequate to support a concentrated load of 200 pounds applied at a right angle to the top rail. Shared\Correction ListslResCorr2007 02/04/09 14. Provide roofing specifications, including roof assembly class, and show roof pitch. 15. Provide 2% slope at flat roof and deck. 16. Attach a copy of the testing agency report to drawings for a. Roofing assembly b. Listed roofing materials c. Fireplace 17. Provide Class A roofing assembly for new and reconstructed structures (Wood roofing material is not permitted). FIREPLACE 18. For the fireplace /chimney specify the following: a. Chimney shall extend at least 2 ft. higher than any portion of the building within 10 ft., but shall not be less than 3 ft. above the highest point where the chimney passes through the roof. CBC 2113.9 b. Provide a spark arrestor to meet all the requirements per Section 2113.9.1 c. Provide 2 inch clearance to framing around firebox and chimney or thickness from lining to combustibles to be 12 inches. CBC 2113.19 19. Note on the plans: "Exterior combustion air ducts shall be listed components of the fireplace, and installed according to the fireplace manufacturer's instructions." CBC 2111.13.1. 20. Provide a note that, "Factory-built fireplaces, chimneys, and all other components shall be listed and installed in accordance with their listing and manufacturer instructions." 21. Provide a note with factory-built fireplace information, "Decorative shrouds shall not be installed at the termination of factory-built chimneys except where such shrouds are listed and labeled for use with the specific factory-built chimney system and are installed in accordance with manufacturer's installation instructions." CIVIC (802.42.4) 22. Provide hearth dimensions on plan. Hearth thickness to be 2 inches minimum. (3/8 inches thick if fire box is 8 inches high, minimum). CBC 2111.10. STRUCTURAL GENERAL 23. Provide specifications for the following materials on the plans: a. Concrete. Specify cement type, f'c and minimum 5 sacks cement per cubic yard. b. Reinforcing steel. Specify ASTM designation, grade and fy. c. Structural steel. Specify ASTM designation, grade and fy. Specify certified fabricator. Specify welding by licensed welders. 24. Submit structural design /analysis calculations complying with following minimum presentation requirements: a. Number all pages b. Include index c. Include key plans referenced to calculations for design of gravity and lateral systems. Shared \Correction Lists \ResCorr 2007 02/04/09 25. Write the following notes on drawings if (400 sq.ft. <addition <1,000 sq.ft.): Soils engineer to inspect and certify the following prior to pouring concrete: a. Footing excavation and design bearing pressure. b. All grading and compaction of subgrade. 26. List soils allowable design values on foundation plan. 27. Final structural drawings and calculations to be stamped, wet - signed and dated with signing date by the design engineer. Signature stamp, photocopied or electronic signatures are not sufficient. (This correction will be revisited at plan approval.) 28. Provide statement of special inspections per Section 1704.1.1 (including deletions and amendments to Chapter 15.04 of the Newport Beach Municipal Code in Sections 15.04.350 and 15.04.360). Statement is required to be permanently recorded on plans. 29. Provide structural observations per Section 1709 (including amendments to Chapter 15.04 of the Newport Beach Municipal Code in Sections 15.04.370 and 15.04.380). FRAMING 30. Posts supporting concentrated loads, and which transfer forces to members below are required to be identified on framing plans and foundation plan. Provide all applicable details and references to them. 31. Posts or columns supporting permanent structures and supported by a concrete or masonry slab or footing that is in direct contact with the earth shall be of naturally durable or preservative - treated wood. CBC 2304.11.2.7 LATERAL 32. Plywood shear walls shall comply with CBC Table 2306.4.1. Provide shear wall schedule with following specifications: a. Minimum 3x nominal framing at panel edges and staggered edge nailing where nails are spaced 2 inches on center or closer (footnote e.) b. Minimum 3x nominal framing at panel edges and staggered edge nailing where 10d nails with more than 1 % inches penetration into framing are spaced 3 inches on center or closer (footnote f.) c. Where plywood panels are applied on both sides of wall and nail spacing is less than 6 inches on center, panel joints shall be offset to fall on different framing members, or framing shall be minimum 3x nominal at adjoining panel edges and edge nailing on each side shall be staggered (footnote h.) d. For shear walls with maximum shear design value greater than 350 plf, provide minimum 3x nominal framing at adjoining panel edges, or (2) 2x nominal members fastened to transfer design shear value between framing members. Plywood panel edge nailing shall be staggered in both cases (footnote i.) e. For shear walls with maximum shear design value greater than 350 plf, provide minimum 3x nominal sill plate with staggered panel edge nailing. Specify 2 -20d box nails in lieu of 2 -16d common nails for stud end nails per CBC Table 2304.1 (footnote i., 2305.3.11). f. Record maximum shear design value for each shear wall type (footnote i.) g. Nails shall be common or galvanized box (hot- dipped or tumbled) (footnote h. Anchor bolts shall include steel plate washers, a minimum of 0.229" x 3" x 3" in size, between sill plate and nut (2305.3.11) 33. Perform lateral design /analysis for structure in accordance with CBC Sections 1609 (Wind loads) and 1613 (Earthquake loads). Wind Simplified Method not permitted; structure does not meet conditions 3 and 7 of ASCE7, Section 6.4.1.1. Shared \Correction Lists \ResCorr 2007 02/04109 34. Determine mapped MICE spectral response acceleration parameters at short periods Ss = and at a one second period S, = in accordance with ASCE 7 -05 Section 11.4.1. Soil site class is "D" not "B 35. Walls braced to resist wind and seismic forces shall not exceed height to width ratios of 3'/:1 and 2:1 respectively for wood structural panels. CBC Table 2305.3.4 36. Provide details showing transfer of shear wall holdown forces to foundation for shear walls above first floor. 37. Design structural elements for support of discontinuous lateral force resisting elements in accordance with ASCE 7 -05 Section 12.3.3.3. Reactions at ends of structural elements are required to be transferred to foundation, or until there are no net reactions. Provide details of all connections. 38. Provide details showing transfer of shear forces between: a. Horizontal diaphragms and lateral force resisting elements and drag /struts b. Bases of lateral force resisting elements and foundations. 39. Provide design /analysis of chords and chord splices. 40. Provide design of drag /struts and drag /strut connections. Include calculations for required diaphragm nailing at drag /struts (2 rows diaphragm BN will be required if diaphragms on each side of drag /strut are loaded to capacity). 41. Identify drag /struts on plans and specify drag /strut nailing. FOUNDATION 42. Provide details showing how new footings and slab will be connected to existing foundation elements. 43. Wood framing members, including wood sheathing, that rest on exterior foundation walls and are less than 8 inches from exposed earth shall be of naturally durable or preservative- treated wood. CBC 2304.11.2.2 44. Call out foundation bolt size and spacing on foundation plan. The foundation bolts shall be inch diameter for SDC D and 5/8 inch diameter for SDC E or F with 0.229 inch x 3 inch x 3 inch plate washers, embedded at least 7 inches into the concrete or masonry foundation, spaced not more than 6 ft. apart. CBC 2308.6, 2308.12.9, 2305.3.11 MECHANICAL, PLUMBING & ELECTRICAL (NEC 2007) (CIVIC 2007) (CPC 2007) 45. Provide electrical plans. Show all elements. 46. Provide G.F.C.I., per Article 210.8 2007 CEC: in bathroom, above kitchen countertop, crawl spaces, garage, rooftops, outdoor outlets, within 6' of wetbar sink/laundry sink. SURVEY CORRECTIONS: 47. Provide a site survey, stamped and signed by a State Licensed Land Surveyor or authorized Civil Engineer (License Number below 33,966). Surveyor or engineer shall permanently monument property corners or offsets before starting grading. Provide note on plan. SharedlCorrection Usts\ResCorr 2007 02/04/09 48. Show location and description of all corner monuments. 49. Show driveway, curb and gutter, and all existing site improvements (structures, walls, planters, stairs, etc.). 50. Identify all finish surface materials. 51. Provide a legend for all symbols used. 52. Locate all trees in public- right -of -way facing or within 20 feet of the subject property; power poles; utility boxes, etc. 53. Show center line of street and dimension width or'' /2 width. 54. Provide an on -site elevation bench mark at a permanent location, in front of the property. For sites within the special flood hazard area and sites on the islands, on the peninsula and in West Newport Beach, use the actual bench mark elevation as determined by Orange County Vertical Datum (NGVD29 or NAVD88). 55. Provide relative elevations at the following locations: a. All property corners. b. Around existing structure(s) at corners, including corners at jogs of exterior walls. c. At interior finish floor elevations. d. At bottom of all site walls. Indicate wall height. e. At bottom of elevated planters. Indicate planter height. f. At maximum spacing of 25' along the length and width of the property on all sides of an existing structure. g. Elevation contours for sloping sites every one foot elevation change. h. Three elevations (min.) equally spaced in the side yard of adjacent properties. i. Three elevations along the flow line in gutter and alley adjacent to site ADDITIONAL CORRECTIONS: 56. Show finish grades by spot elevations to indicate proper drainage in all areas. Use arrows to indicate direction of drainage. 57. Site drainage not provided. Show how new roof area ties into existing roof and site drainage. 58. Clearly identify the scope of work. Distinguish between existing hardscape and landscape and new /proposed hardscape and landscape improvements. Show locations of all existing buildings, structures, pools, fences, retaining walls, etc. Show grade elevation on both sides of wall and specify top of wall elevation. 59. Design drainage to insure water does not drain over the top edge of any slopes. 60. Show top and toe of all slopes and indicate slope ratio 1 Maximum 61. Exterior Lath and Plaster: Provide two layers of Grade D paper over all wood base sheathing. CBC 2510.6. Shared \Correction Lists \ResCorr2007 02/04/09 6 - 62. Provide approved 1 -hour fire rated construction for exterior walls and roof assembly required for type VA construction as specified on title sheet or due to proximity to property lines. 63. Outdoor cooking appliance: Provide minimum 36 inches side /rear and 48 inches clearance to combustible framings. Appliances are not permitted under combustible framings. (CIVIC 921) 64. Provide separate sheets for architectural floor plans and structural framing plans. 65. Provide plan check and /or permit number for existing constructions referenced on plans. Existing conditions subject to verification once reference number is provided. 66. Provide additional structural plans for existing deck and caisson foundation that is supporting the propose patio cover. Existing deck and foundation must to check to see if they are sufficient to support the new load. Plans provided are not clear as to the limit of the existing deck and which part of the propose patio cover is supported by the deck. 67. Earthquake Induced Landslide Area: Foundation recommendation /review from a geotechnical engineer is required to evaluate the condition of the existing pile /caisson foundation system due to propose construction, for the new isolated footings, the potential for soil strength loss during earthquake, and provide any remediation as required. (1802.2.7) 68. Provide Wind and Seismic design data on plans as specified per section 1603.1.4 and 1603.1.5. 69. Revise seismic design for Site Class'D.' Revise lateral calculations as required. 70. In Seismic Design Category (SDC) D, the capacity of toenail connections shall not be used when calculating lateral load resistance to transfer lateral earthquake forces in excess of 150 pounds per foot from diaphragms to shear walls, drag struts or other element, or from shear walls to other elements. (2305.1.4) 71. Hilti X -DNI, ESR 1663, is not permitted for seismic application in shearwalls. (ESR 1663, 5.4) 72. Single diagonally sheathed lumber diaphragm must be laid at an angle approximately 45 degrees to its support, straight sheathing not permitted. (2306.3.4) 73. Provide anchorage calculations per ACI 318 Appendix D for shear wall uplift and detail of anchorage into footing. 74. Provide current ]CC-ESR report for hold downs, anchor rods, and epoxy specified on plans. Products are not permitted for use without current report approvals. Provide calculations as required by report to show compliance. 75. Detail a footing setback of H13 to the face of slope. (1805.3.2; Fig 1805.3.1) 76. See red marked plans and calculations for additional correction comments. Provide response to each comment. SharedVCorrectionListsResCorr2007 02/04/09 Attachment No. CC 6 Planning Commission staff report and Resolution No. 1808 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 20, 2010 Planning Commission Meeting Agenda item No. 3 SUBJECT: Cliff Drive Appeal (PA2009 -149) 2949 Cliff Drive ■ Modification Permit No. MD2009 -030 APPLICANT /APPELLANT: Antonio Cagnolo PLANNER: Melinda Whelan, Assistant Planner (949) 644 -3221, mwhelan @newportbeachca.gov PROJECT SUMMARY An appeal of the Zoning Administrator's decision to deny Modification Permit No. MD2009 -030. Modification Permit No. MD2009 -030 would have allowed the following encroachments into required setbacks: up to 1 foot into the 4 -foot side yard setback for a 10- foot -10- inch -high portion of an outdoor room; up to 5 feet 4 inches into the 10 -foot rear yard setback for an 11- foot -3- inch -high portion of an outdoor room; and 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. RECOMMENDATION 1) Conduct a de novo hearing; and 2) Deny the appeal and uphold and affirm the decision of the Zoning Administrator and deny Modification No. 2009 -030, subject to the findings included within the attached draft resolution (Attachment PC 1). Cliff Drive Appeal May 20, 2010 Page 2 Existing Structures LOCATION I GENERAL PLAN 11 ZONING CURRENT USE ON -SITE Single -Unit Residential Single - Family Residential Single -unit residential Detached RS -D R -1 NORTH RS -D L R -1 Single-unit residential SOUTH RS -D R -1 Sin le -unit residential Vacant EAST Parks andPRRecreation R -1 Cliff Drive Park WEST RS -D R -1 Single-unit residential Cliff Drive Appeal May 20, 2010 Page 3 INTRODUCTION Project Setting The subject property is located on the southerly side of Cliff Drive. The 10,736- square- foot lot is developed with a two -story, single -unit dwelling, a pool, and a pool house. Proiect Description The split -level outdoor room is supported by full- height wall sections and has a solid roof (Attachment PC 4). The outdoor room encloses 762 - square -feet of the backyard deck area and includes a fireplace. The applicant requests the following encroachments into required setbacks: • A 10- foot -10 -inch high portion of the outdoor room a minimum of 10 inches to a maximum of 1 foot into the 4 -foot side yard setback. This encroachment spans 22 lineal feet. • An 11- foot -3 -inch high portion of the outdoor room a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches into the 10 -foot rear yard setback. This encroachment spans 29 lineal feet. 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. The outdoor room and fireplace structures were built without required permits. Background On February 11, 2010, the Zoning Administrator held a public hearing on Modification Permit No. MD2009 -030 and denied the application (Attachment PC 2). On February 26, 2010, the applicant appealed the decision of the Zoning Administrator. Pursuant to Section 20.95.060 of the Zoning Code, a hearing on an appeal must be held within 60 days of the date the appeal is filed, unless the applicant and appellant agree to a later date. On April 5, 2010, the applicant requested that the hearing not be conducted before May 20, 2010, to allow him time to formulate a justification for overturning the Zoning Administrator's decision. Cliff Drive Appeal May 20, 2010 Page 4 DISCUSSION The Appeal As of the publication date of this report, the applicant has not provided a justification for overturning the Zoning Administrator's decision. Pursuant to Municipal Code Section 20.95.060.C, a public hearing on an appeal is conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the appeal was filed. The appellate body is not bound by the decision being appealed or limited to the issues raised on appeal. Analysis Review of the Zoning Administrator's decision Section 20.93.030 (Required Findings) of the Zoning Code requires that the following three findings must be made in order to approve a modification permit: A. The granting of this application 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. B. The requested modification will be compatible with existing development in the neighborhood. C. The granting of this Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. The Zoning Administrator determined that facts did not exist to support the required findings. The Zoning Administrator denied Modification Permit No. MD2009 -030 (Attachment PC 2) with the following findings: 1. The subject property is located in the R -1 Zoning District and has a required 10- foot rear yard setback and required 4 -foot side yard setbacks. The Zoning Code allows certain structures up to a height of 6 feet within required rear and side yard setbacks. 2. The natural grade of the property slopes downward in the southwest comer of the rear yard; however, it does not restrict the use of the large rear yard area of the 10,737- square -foot lot. The applicant states that a previous modification, which allowed the addition of an elevated concrete rear yard deck, created the ability to use the sloping rear yard area and that the proposed encroachments Cliff Drive Appeal May 20, 2010 Page 5 are requested to take advantage of the limited side yard area. However, the existing deck allows for use of a large rear yard area providing sufficient space for patio structures and an exterior fireplace without encroachments into the required rear and side yard setbacks, meeting requirements of the Code for this particular property. Staff finds no practical difficulties or physical hardships associated with the property to allow for the encroachments. 3. The request would not be compatible with existing development in the neighborhood as similar encroachments do not exist. The rear yard encroachment is adjacent a vacant lot however, it could create incompatibility with future development of the vacant lot as a single family dwelling which is intended to abut other single family properties with 10 -foot rear yard setbacks. The applicant has provided no justification for reversing the decision of the Zoning Administrator. Staff recommends upholding and affirming the Zoning Administrator's decision to deny the application based on the findings found in the draft resolution (Attachment PC 1). Alternatives The Planning Commission may reverse the decision of the Zoning Administrator and approve Modification Permit No. MD2009 -030 as submitted or with modifications. Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The accessory structures are alterations that involve no expansion of use. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: ILk,, �D ~ elinda Whelan, Assistant Planner Submitted by: ��. _ r David Lepo, Plaplfig Director Cliff Drive Appeal May 20, 2010 Page 6 ATTACHMENTS PC 1 Draft Resolution including Findings PC 2 Zoning Administrator Action Letter February 11, 2010 PC 3 Project plans PC 4 Project Photos RESOLUTION NO. 1808 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING MODIFICATION PERMIT NO. MD2009 -030 FOR THE FOLLOWING ENCROACHMENTS INTO REQUIRED SETBACKS: UP TO 1 FOOT INTO THE 4- FOOT SIDE YARD SETBACK FOR A 10- FOOT -10- INCH -HIGH PORTION OF AN OUTDOOR ROOM; UP TO 5 FEET 4 INCHES INTO THE 10 -FOOT REAR YARD SETBACK FOR AN 11 -FOOT- 3- INCH -HIGH PORTION OF AN OUTDOOR ROOM; AND 5 FEET 4 INCHES INTO THE 10 -FOOT REAR YARD SETBACK FOR A 14- FOOT -3- INCH -HIGH EXTERIOR FIREPLACE LOCATED AT 2949 CLIFF DRIVE (PA2009 -149). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Antonio Cagnolo with respect to property located at 2949 Cliff Drive, and legally described as First Add to Newport Heights Portion of Lot 3, Block B, requesting approval of Modification Permit No. MD2009 -030. 2. The applicant proposed the following encroachments into required setbacks: • A 10- foot -10 -inch high portion of the outdoor room a minimum of 10 inches to a maximum of 1 foot into the 4 -foot side yard setback. This encroachment spans 22 lineal feet. • An 11- foot -3 -inch high portion of the outdoor room a minimum of 4 feet 1 inch to a maximum of 5 feet 4 inches into the 10 -foot rear yard setback. This encroachment spans 29 lineal feet. • 5 feet 4 inches into the 10 -foot rear yard setback for a 14- foot -3- inch -high exterior fireplace. 3. At a noticed public hearing held on February 11, 2010, the Zoning Administrator considered the application, plans, and written and oral evidence presented at this meeting, and denied Modification Permit No. MD2009 -030 based on findings of denial. 4. On February 26, 2010, an appeal of the Zoning Administrator's decision to deny Modification Permit No. MD2009 -030 was filed with the Planning Department. 5. The subject property is located within the Single - Family Residential (R -1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). Planning Commission Resolution No. 1808 Paae2of3 6. A public hearing was held on May 20, 2010 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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 under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). 2. The accessory structures are alterations that involve no expansion of use. SECTION 3. FINDINGS The Planning Commission finds as follows consistent with the Zoning Administrator's decision: 1. The subject property is located in the R -1 Zoning District and has a required 10 -foot rear yard setback and required 4 -foot side yard setbacks. The Zoning Code allows certain structures up to a height of 6 feet within required rear and side yard setbacks. 2. The natural grade of the property slopes downward in the southwest corner of the rear yard; however, it does not restrict the use of the large rear yard area of the 10,737 - square -foot lot. The applicant states that a previous modification, which allowed the addition of an elevated concrete backyard deck, created the ability to use the sloping rear yard area and that the proposed encroachments are requested to take advantage of the limited side yard area. However, the existing backyard deck area allows for use of a large rear yard area providing sufficient space for patio structures and an exterior fireplace without encroachments into the required rear and side yard setbacks, meeting requirements of the Code for this particular property. Staff finds no practical difficulties or physical hardships associated with the property to allow for the encroachments. 3. The Appealed action and the requested Modification would not be compatible with existing development in the neighborhood as similar encroachments do not exist. The rear yard encroachment is adjacent to a vacant lot; however, it could create incompatibility with future development of the vacant lot with a single - family dwelling. Development of the vacant lot would require a 10 -foot rear yard setback consistent with R -1 zoning and the subject property would not provide the required 10 -foot rear yard setback leaving less separation between single family dwellings than the zoning requirements intend to create. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: F1Users \PLN \Shared\PA's\PAs - 2009\PA2009- 14Mppeal Planning Commission Resolution No. 1808 Pape 3 of 3 1. The Planning Commission of the City of Newport Beach hereby denies the Appeal and affirms the Zoning Administrator's denial of Modification Permit No. MD2009 -030. 2. This action shall become final and effective fourteen days after the adoption of this Resolution 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 201h DAY OF MAY, 2010. AYES: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren NOES: None 60 Robert Hawkins, Chairman BY: Charles Unsworth, Secretary FAUserslPLNXSharedTNsPAS - 20091PA2009- 14Mppeal Attachment No. CC 7 Photos i LA' A F y/ �- r_ r' �j 9 _ � t i n {} �. y�� .a i ' w �a v i - �a4Mi l 1 ��� �W \`�1�