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Home My WebLink About2.0 - Channel Reef Condominiums - PA2014-190 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 18, 2015 Planning Commission Hearing Agenda Item No. 2 SUBJECT: Channel Reef Condominiums Fence and Gate Variance - (PA2014-190) 2525 Ocean Boulevard Variance No. VA2014-007 APPLICANT: Horst Architects OWNER: Channel Reef Community Association PLANNER: Melinda Whelan, Assistant Planner (949) 644-3221, mwhelan@newportbeachca.gov PROJECT SUMMARY The applicant requests a variance to replace legal nonconforming fences and gates that exceed the top of curb height restriction applicable to properties along the south side of Ocean Boulevard. The fences and gates were part of the original development of the 48-unit condominium project in the 1960s and the applicant wants to replace them as part of an effort to improve the streetscape. Replacement is not considered routine repair and maintenance that would otherwise be allowed. The project also includes replacement of fences, gates and landscaping within the public right-of-way pursuant to an existing encroachment agreement. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Variance No. VA2014-007 (Attachment No. PC 1). 1 V� Q� `-� �,P �� P ,`�O �� Channel Reef Fence & Gate Variance Planning Commission, June 18, 2015 Page 2 VICINITY MAP ✓ ,a �h \dam GENERAL PLAN ZONING COW � . LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Multiple-Unit Residential Multi-Unit Residential 48-unit Condominium RM RM Single-Unit Residential Single-Unit Residential NORTH Detached RS-D R-1) Single-Family Dwellings SOUTH Private Institutions PI PI Kerckhoff Marine Labrato EAST Two-Unit Residential (RT) Two-Unit Residential (R- Single and Two-Family Dwellings WEST N/A N/A Harbor Entrance from Pacific Ocean 3 Channel Reef Fence & Gate Variance Planning Commission, June 18, 2015 Page 3 INTRODUCTION Project Setting The subject property is located in Corona del Mar on a bluff north of China Cove. The property is approximately 52,563 square feet in area and slopes from Ocean Boulevard to the water below, which is within the Harbor Entrance. The property is developed with a 48-unit, 6-level residential condominium building and a 5-level parking structure. The entrance to the development is defined by automated entry gates that lead to rooftop parking spaces on the parking structure and a separate driveway entry within the public right-of-way leading down to the lower levels of the parking garage. The front of the property is separated from the street (Ocean Boulevard) by a 30-foot-wide parkway that is developed with a driveway and drive approach, landscaping, and retaining walls authorized by an existing encroachment permit. Project Description The applicant proposes the replacement of existing fences and gates located along the Ocean Boulevard frontage. The gates are automatic and provide vehicular access to the rooftop parking on the parking structure. The project includes refinishing existing retaining walls and landscaping that are located in the public right-of-way. The requested Variance would allow replacement of the existing legal non-conforming fences and automated gate on the parking structure to maintain the existing height that exceeds the top of curb height of Ocean Boulevard. The height of the existing fence and gate are approximately 5-feet, 10-inches to 8-feet, 5-inches above the top of curb of Ocean Boulevard and ranges from 5-feet, 10-inches to 6-feet, 2-inches above the existing finished grade of the parking structure. The existing wrought iron fences and gate would be replaced with vertical pickets of a material called "Reysta", which is a recycled wood and resin product supported by horizontal supports made of aluminum tubes. The design of the fence and gate has narrower openings and is thicker resulting in less visibility through the fence as compared to the existing wrought iron fencing. The subject Variance only applies to the fence and gates on the parking structure and not to the fences and gate within the public right-of-way. However, the proposed design would be consistent throughout. Background The 48-unit apartment project was constructed in 1962 pursuant to Variance No. VA0601 to exceed maximum square footage requirements and Use Permit No. UP0614. As approved, the project includes a 5-level parking garage and a 6-story apartment building. The parking garage includes a rooftop level parking area which 4 Channel Reef Fence & Gate Variance Planning Commission, June 18, 2015 Page 4 begins adjacent Ocean Boulevard and terraces down toward the Ocean then leads into the 6-story residential building. In 1990, the City Council approved an encroachment agreement (Attachment No. PC 2) to allow retention of existing retaining walls, gates, fences and the driveway apron within the public right-of-way. The apartments were converted to condominiums in 1991. DISCUSSION Analysis General Plan, Local Coastal Plan, and Zoning Code The Land Use Element of the General Plan designates the site as Multiple-Unit Residential (RM), the Coastal Land Use Plan designates this site as Multiple Unit Residential (RM-E), and the Zoning Code designates the site as Multi-Unit Residential (RM), which are intended to provide for multi-unit residential dwellings on a single lot. The proposed development is consistent with these designations and use of the property would not change. Fence Height Ocean Boulevard is designated as a coastal view road within the General Plan and Coastal Land Use Plan and public views are protected. Zoning Code Section 20.30.060(B) restricts the height of structures along Ocean Boulevard to below the top of curb height. The Land Use Element and Natural Resources Element of the General Plan and Section 4.4.1 Coastal Views of the Coastal Land Use Plan provides policies to protect and enhance scenic and visual qualities of coastal areas. The applicable policies are as follows: General Plan Policy LU 1.6 Public Views Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points. General Plan Policy LU 6.5.5 Public Views of the Property Development shall be located and designed to prevent residences on the property from dominating public views of the bluff faces from Coast Highway, the ocean, wetlands, and surrounding open spaces. Landscape shall be incorporated to soften views of the site visible from publicly owned areas and public view points. Channel Reef Fence & Gate Variance Planning Commission, June 18, 2015 Page 5 General Plan Policy NR 20.2 New Development Requirements Require new development to restore and enhance the visual quality in visually degraded areas, where feasible, and provide view easements or corridors designed to protect public views or to restore public views in developed areas, where appropriate. General Plan Policy NR 20.3 Public Views Protect and enhance public view corridors from the following roadway segments and other locations may be identified in the future: Ocean Boulevard. General Plan Policy NR 20.4 Public View Corridor Landscaping Design and site new development, including landscaping, on the edges of public view corridors, including those down public streets, to frame, accent, and minimize impacts to public views. Coastal Land Use Plan Policy 4.4.1-1 Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas. Coastal Land Use Plan Policy 4.4.1-2 Design and site new development, including landscaping, so as to minimize impacts to public coastal views. Coastal Land Use Plan Policy 4.4.1-4 Where appropriate, require new development to provide view easements or corridors designed to protect public coastal views or to restore public coastal views in developed areas. Coastal Land Use Plan Policy 4.4.1-5 Where feasible, require new development to restore and enhance the visual quality in visually degraded areas. Coastal Land Use Plan Policy 4.4.1-6 Protect public coastal views from the following roadway segments: including Ocean Boulevard. Coastal Land Use Plan Policy 4.4.1-7 Design and site new development, including landscaping, on the edges of public coastal view corridors, including those down public streets, to frame and accent public coastal views. The public view through the subject property was mostly lost with the original construction of the apartment project. This was prior to the California Coastal Act and the Ocean Boulevard top of curb height restriction and adoption of the policies cited above. Although the original development terraces down the bluff towards the water, the 0 Channel Reef Fence & Gate Variance Planning Commission, June 18, 2015 Page 6 existing development includes elements that extend well above the top of curb height including the vehicles that utilize the rooftop parking spaces, a stairwell for the parking structure, and mechanical equipment. There is little to no view through the subject property. When standing on the southerly sidewalk abutting the site, ocean views are obscured. When standing on the northerly sidewalk across the street from the site, a partial view of the ocean and horizon is visible through the fence and gate proposed to be replaced. Existing landscaping in the northeast corner of the public right-of-way also obstructs views. The view is not significant given its relative size and the dominance of the parking structure. Additionally, one can walk a short distance easterly along Ocean Boulevard and experience significantly larger public views. The existing fences and gates do not provide effective screening of the parking structure rooftop and vehicles. The more opaque design of the new fences and gate would help screen the rooftop parking area. The proposed replacement of the existing landscaping within the public right-of-way with lower, smaller plants with maximum mature heights of 4 feet, will improve the view through the north east corner of the lot. Overall the renovation improves the look of the property and enhances the area. The proposed fences and gate within the public right of way would be a consistent design and not exceed 42 inches in height from existing grade. Given their location and the existing parking structure, they will not affect public views and would enhance the overall aesthetic of the property to the benefit of the community. Recommended Variance Modification Lowering the fences and gates to approximately 4-feet above existing grade, and ranging from 3-feet, 8-inches to approximately 6-feet above the top of curb height of Ocean Boulevard, would better maintain the existing view while meeting the applicant's objective to improve the property, screen the rooftop parking structure and maintain security. The applicant believes that maintaining the height of the existing fence and gate is needed for security. Although this may be accurate, the existing wrought iron only provides a modest visual deterrent to unwanted entry. Therefore, lowering the height of the fence and gate would not compromise the existing level of security. The lower fence and gate will achieve the same result and maintain or improve the current view consistent with General Plan and Coastal Land Use Plan policies. Because the proposed design decreases visibility through the fence and gate, staff sees an opportunity to improve the overall aesthetic along Ocean Boulevard by enhancing the screening of the rooftop parking while maintaining or improving the public view over the project and still achieving the applicant's objectives. Channel Reef Fence & Gate Variance Planning Commission, June 18, 2015 Page 7 Required Findings Pursuant to Section 20.52.090 (Variances) of the Zoning Code, the Planning Commission must make the following findings in order to approve a variance: 1. 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; 2. 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; 3. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant, 4. 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; 5. 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; and 6. 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. A variance is a request to waive or modify certain standards when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district. A variance can only be granted to maintain parity between the variance site and nearby properties in the same zoning district to avoid the granting of special privileges to one property. Staff believes sufficient facts exist to support the variance request as proposed; however, staff believes the alternative design of lowering the fences and gate meets the applicant's objectives and is in better conformance with General Plan and Coastal Land Use Plan Policy, and improves the existing development's compatibility with the neighborhood (Attachment No. PC 1). The topography of the subject property and the existing parking structure restricts all development on the lot and the top of curb height restriction further limits design possibilities for the site. The existing development 2 Channel Reef Fence & Gate Variance Planning Commission, June 18, 2015 Page 8 already defines the design of the property with many elements that exceed the height limit including the gates, fences, rooftop parking, stairwell of the parking structure, and mechanical equipment. Ultimately no security fence or gate could be constructed without exceeding the top of curb. The improved design of the fences, gates, and landscaping will improve the impact of the subject development to the surrounding neighborhood. It allows for maintenance and enhancement of existing views while restoring and enhancing the overall visual quality of elements of a project that have become somewhat visually degraded. Public Works has reviewed the proposed renovation of the walls, fences, gates, and landscaping within the public-right-of-way for conformance with the existing encroachment agreement and construction will commence provided the Planning Commission approves the variance application as the design of the fences and gate in the public right of way are identical. Alternatives Staff recommends approval of a modified project as discussed above ("Recommended Variance Modification") and the following alternative actions are available for the Commission: 1. The Planning Commission may approve the project as submitted by the applicant based on slightly modified findings for approval. This would require some changes to the draft resolution for approval (Attachment No. PC 1). 2. Should the Planning Commission determine that there are insufficient facts to support the findings for approval, the Planning Commission must deny the application and provide facts in support of denial to be included in the attached draft resolution for denial (Attachment No. PC 5). In this case the applicant could continue to maintain the existing fences and gates in perpetuity. Environmental Review Staff recommends that the Planning Commission find that the project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines — Class 1 (Existing Facilities). 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. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal 9 Channel Reef Fence & Gate Variance Planning Commission, June 18, 2015 Page 9 Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: I Melinda Whelan Assistant Planner *na i, ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution - Approval PC 2 Encroachment Agreement PC 3 Project Plans PC 4 Project Renderings PC 5 Draft Resolution - Denial 10 Attachment No. PC 1 Draft Resolution - Approval 11 V� Q� `-� �,P �� P ,`�O �� 2� RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. VA2014-007 AS MODIFIED FOR THE REPLACEMENT OF EXISITNG FENCES AND GATES THAT EXCEEED THE HEIGHT LIMIT FOR PROPERTY LOCATED AT 2525 OCEAN BOULEVARD (PA2014-190) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Channel Reef Community Association, with respect to property located at 2525 Ocean Boulevard, and legally described as Parcel 1 of resubdivision 0938 in Block C, requesting approval of a variance. 2. The applicant request includes a variance application for the replacement of existing nonconforming fences and gates to exceed the top of curb height of Ocean Boulevard. The heights range from 5-feet, 10-inches to 8-feet, 5-inches above the top of curb height. 3. The subject property is located within the Multi-Unit Residential (RM) Zoning District and the General Plan Land Use Element category is Multiple-Unit Residential (RM). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Multiple Unit Residential (RM-E). 5. A public hearing was held on June 18, 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, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 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. The proposed project is the replacement of fences and gates within an existing multi-family development. 13 Planning Commission Resolution No. #I##I# Page 2 of 8 SECTION 3. REQUIRED 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 approximately 52,563-square-foot subject property is developed with a 48-unit condominium project. As approved in the 1960's prior to the Ocean Boulevard top of curb height limit and the California Coastal Act, the development includes many elements that exceed the top of curb of Ocean Boulevard including the existing fences and gates. The development terraces down the sloping topography with a 5-level parking structure and a 6-level residential condominium structure to the water. A City right-of-way is located between the front property line and Ocean Boulevard curb line that has a width of approximately 30 feet. Due to the existing development and topography, no security fence or gate could be provided without exceeding the top of curb height limit. 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 property currently enjoys the right to maintain their existing nonconforming fences and gates but does not enjoy the right to replace the fences and gates, which is a typical right of other properties in the RM zoning designation. Strict application of the Zoning Code would require the removal of the existing fence and gate on the parking structure when it was beyond repair, and therefore, deprive the property of any ability to provide a security fence. 2. The granting of the variance is necessary to preserve the ability to provide a security fence and gate, which is a significant property right, and the proposed renovation to the existing fences and gates, with the reduced heights, are comparable to size and height of other fences and gates along Ocean Boulevard. 03-03-2015 -14 Planning Commission Resolution No. ##### Page 3 of 8 3. Due to topographical constraints located on the bluff side of Ocean Boulevard, several other properties have fences, gates and hedges that exceed the top of curb height of Ocean Boulevard. Findin : 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 property presently has the right to maintain the existing fence and gate thereby providing security for the continued peaceful enjoyment and use of the property. The granting of the Variance is necessary to allow for the replacement of an older aesthetically unappealing fence and gate while continuing to provide appropriate security to maintain the right to peaceful enjoyment and use of the property 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. See statements B-3 and B-4 in support of this finding. 2. The area is subjected to high public use due to the proximity and views to the ocean and harbor. As a result, providing a security fence and gate to the private parking area is important to preserve the peaceful use of the property by residents. No other multi-family zoned property is subject to the top of curb height limit on Ocean Boulevard and no other property that is subject to the same height restriction has a large parking area directly accessible from Ocean Boulevard the way the subject property has. As a result, the granting of the variance would not constitute the granting of a special privilege. 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 abutting right-of-way at Ocean Boulevard is a Coastal View Road. Although there is not much of a view through the existing developed property, the new gates 03-03-2015 15 Planning Commission Resolution No. #### Page 4 of 8 and fences will be lowered to improve and partially restore the small view and horizon through the property. 2. The proposed fences and gates will be replaced with new material which will have a more opaque appearance to better screen the vehicles that utilize the roof-top parking and improve the overall appearance of the site. 3. The granting of the Variance will not adversely impact public views from Ocean Boulevard because the existing development of the property has many elements that already obstruct the view. There is a small view from the sidewalk across Ocean Boulevard which will be improved with the fences and gates as modified to be no taller than 4 feet above the rooftop parking surface. 4. The landscaping within the public right-of-way will be improved with lower, smaller plants improving the view through the north east corner of the lot. 5. The renovations have been reviewed by the Public Works Department for substantial conformance with the existing Encroachment Permit. There are specific conditions of approval within the encroachment permit to ensure that the final design of the walls, fences, gates, and landscaping within the public right-of-way along Ocean Boulevard are in conformance with the Encroachment Permit. 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 approval of the variance as modified allows for maintenance and enhancement of existing views while restoring and enhancing the overall visual quality of elements of a project that have become somewhat visually degraded. Therefore, the project is consistent with view protection policies in the General Plan and Coastal Land Use Plan. 2. The new fences and gates improve the streetscape by providing enhanced screening of the rooftop parking area and replacement of an older wrought iron fences and gates with a more aesthetically pleasing design. 3. The subject property is designated for multi-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. 4. The subject property is not located within a specific plan area. 03-03-2015 10 Planning Commission Resolution No. ###### Page 5 of 8 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2014-007 as modified such that fences and gates authorized will not exceed 4 feet above the top of the rooftop parking surface, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was 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 18th DAY OF JUNE, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chairman BY: Jay Myers, Secretary 03-03-2015 27 Planning Commission Resolution No. ###### Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1 . The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. 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. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. 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. 6. The gates and fences shall not exceed 4-feet from existing grade directly below. 7. The revised landscaping shall be consistent with the approved plans with plantings within the public right-of-way being replaced with lower plantings that do not exceed a 4-foot mature height. 8. 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. 9. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Variance file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Variance and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 03-03-2015 Zg Planning Commission Resolution No. #### Page 7 of 8 10. All existing and proposed outdoor lighting fixtures shall be modified to be designed, shielded, aimed, located and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 11. Landscape lighting shall consist of full cut-off or directionally shielded lighting fixtures that area aimed and controlled so that the direct light shall be substantially confined to the object intended to be illuminated to minimize glare, sky glow, and light trespass. 12. Prior to the final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of all lighting sources. 13. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 14. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless the 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 the City's approval of the 2525 Ocean Boulevard Variance including, but not limited to, the Variance No. 201-007. 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, the City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages which the 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. PUBLIC WORKS 15. The improvements shall be in substantial conformance with the existing City Council approved encroachment agreement for retaining walls, stairs, lighting, railings, gates and appurtenances within the Ocean Boulevard right-of-way. 16. The proposed project shall include installation of ADA compliant curb ramps at the entrance to the project and Ocean Boulevard. 03-03-2015 29 Planning Commission Resolution No. ###### Page 8 of 8 17. No decorative pavers shall be installed within the Ocean Boulevard public right-of-way. A standard concrete driveway shall be installed along the Ocean Boulevard frontage. 18. The heights and openings of the proposed railings/fencing within the public right-of- way shall be consistent with the heights of the existing wrought iron fencing within the public right-of-way. 19. The revised landscaping shall be reviewed and approved by the Public Works Department with a landscaping plan that is a part of the Building Permit plans. FIRE DEPARTMENT 20. As per Newport Beach Guideline C.01, vehicle access gates or barriers installed across streets shall be in accordance with Newport Beach Guideline C.01 and the CFC and Newport Beach Municipal Code. Three site plans are required for gate/barrier plan review and approval. 21. The minimum width of any gate or opening required as a point of access shall not be less than 14-feet unobstructed width. 22. All emergency vehicle access gates, private gated communities, shall have a lock approved by the Newport Beach Fire Department. Where gates are electrically operated, an approved key switch and an approved remote opening device shall be installed and maintained operational at all times or the gate shall be locked in the open position until operational. 03-03-2015 Attachment No. PC 2 Encroachment Agreement 21 V� Q� `-� �,P �� P ,`�O �� 401. . 90-513683 I RECORDING REQUESTED AND RECORDED C OFFICIAL RECORDS WHEN RECORDED RETURN TO: Of ORANGE COUNTY,CALIFORNIA FCil ft 11:30 City Clerk/� '� r+. jp 1 SEP 26 1990 city of Newport Beach ar,� 990 AAL Post Office Box 1768 $1300 N plogor t 3300 Newport Boulevard Newport Beach, CA 92659-1768 C2 oi�L Q-`YS�RECORDER Space above this line for Recorder's use only. ENCROACHMENT AGREEMENT THP AGREEMENT is made and entered into this tJ day of 1990, by and between the CHANNEL REEF COMMUNITY Z CIATION, 2525 Ocean Boulevard, Corona del Mar, California, (hereinafter "OWNER") , and the City of Newport Beach, California, a municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, (hereinafter "CITY") ; W I T N E S S E T H: WHEREAS, OWNER has constructed certain non-standard improvements (hereinafter "PERMITTED IMPROVEMENTS") within the Ocean Boulevard public right-of-way (hereinafter "RIGHT-OF-WAY") that is located adjacent to a portion of Block "C", Corona del Mar Tract as shown on a map recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps in the office of the County Recorder of Orange County,Cali€orniz;, also known as 2525 Ocean Boulevard, Corona del Mar, California; and --- ----'---- WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the future with CITY'S ability to construct, operate, maintain, and replace CITY and other public facilities and improvements within RIGHT-OF-WAY; and WHEREAS, CITY desires to condition approval of construction of PERMITTED IMPROVEMENTS within RIGHT-OF-WAY; and WHEREAS; the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit OWNER to construct said PERMITTED IMPROVEMENTS; NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as retaining walls, stairs, lighting, railings, gates and appurtenances within the RIGHT-OF-WAY as shown on EXHIBIT "A" attached hereto. 2. CITY will allow OWNER to construct, reconstruct, install, maintain, use, operate, repair and replace said 1 23 PERMITTED IMPROVEM"e:NTS and appurtenances incli ental thereto, within a portion of RIGHT-OF-WAY, all in substantial conformance with plans and specifications on file in the CITY. CITY will further allow OWNER to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 3. , OWNER and CITY further agree as follows: a. OWNER shall maintain the PERMITTED IMPROVEMENTS in accordance with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY-owned pipeline, conduit or cable located in or under said PERMITTED IMPROVEMENTS, except as otherwise provided herein. b. If City or other public facilities or improvements are damaged by the installation, maintenance or presence of PERMITTED IMPROVEMENTS, OWNER shall be responsible for the cost of repairs. C. That should CITY be required to enter onto said RIGHT-OF-WAY to exercise its primary rights associated with said RIGHT-OF-WAY, including but not limited to, the maintenance, installation, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS, as required, and in such event: (i) CITY shall notify OWNER of its intention to accomplish such work, if any emergency situation does not exist. (ii) OWNER shall be responsible for arranging for any renewal or restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iii) CITY agrees to bear only the cost of any removal of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iv) OWNER agrees to pay all costs for renewal or restoration of the PERMITTED IMPROVEMENTS. 4. OWNER shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when outside attorneys are so utilized) , regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of the PERMITTED IMPROVEMENTS. 2 24 5. OWNER agree that this Agreement shaf remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of OWNERS- interest in the land whether fee or otherwise, and shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first-above written. CITY OF NEWPORT BEACH, a Municipal corporation APPROVED AS T�O� FORM: P By: By: l City Att ff ney Mayo ATTEST: CHANNEL REEF ASSOCIATION: City Cle By: V 2 P �0 FOUL 3 25 STATE OF CALIFORNIA ) ss: COUNTY OF OGE O 1990, before me, the undersigned, a Nota Publ c in and for the State, personally appeared Ruthelvn Plummer known to me to be the Mayor of the City of Newport Beach and Wanda E. Ra io , known, to me to be the City Clerk of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official�seal. OFF7COU'M �f( � SHAU -Notary Public In ani State NOTay OR ARI C9. STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) on this .26J'16' day of L1990, before me,_ C1D¢f-( C. cDaocllV�, personally known me (or roved to me on the basis of satisfactory evidence) to be the (V,ANb) President r;�r —c -- - of Channel -Reece X�-��_ r-r+-4se� � 'r t�6o�'-�la�'L.cl , the corporation that executed the within instrument and known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. My commission expires G-)C - Witness my hand and official seal: — ---�� OL L INGERS ROTARIFORNIA PRINCE IN OR19 Notary Pu is in an for said SMY CO!dMISS10N EX199? i 4 20 SCALE / 2iG o, WA[kw f� k � G 30 ALS' ----r--s oEd FOUR LEVEL g� GARAGE SOLOING C / FI15T LEVEL ELE9=zg0.0 70 FOURTH LEVEL, ELEV.730 w e L ? \ m O 1 O @ 3 3 cs y � 3 , a1 O � C i so p4y R ,y 1 �= h o.Firew.vr � ✓Ari 31y� �� CURBC�iVnZ A' I ET A�� o ArIIIJ/�t-I T Fti �.o F 28 Attachment No. PC 3 Project Plans V� Q� `-� �,P �� P ,`�O �� 30 CHANNEL REEF 2525 OCEAN BLVD-, Cd M, 92625 GENER NOTES SYMBOLS PROIECTTEAM SHEET INDEX PROTECT SUMMARY n a LLa PRWECT3WPE u z In '..,...._...._.d ._..�..� V m N .M. ABSREANIONS AGIN"MAP am VOLUMPRYAGGEBS UPGRADES -- a _, WLy15 TITLE9NEE! � TS IF IT 14C I y " r v' I ND DESCRETA r �1 - s y SFF, 1�3�15 "FES-DO,n r TO a"REFER 11 ENI'"ILFED OF GA OR 11 INTII 111111E ND NSR-ILI 11 1 DIRK CRE IREIIIE RdM SURVEYWG INC. TOPOGRAPHIC SURVEYjo..F"LSEIL"irr muw"" wm �°.<s °�o" m-TO'l .oa°u, 3D� E FOREST IS".d— ILEVIIII.nrC_".,n,_111. wu", IF v:R c. RUA ILLS IS D2653 ll-DIoM _ IS - " w �aav. - e.DATA_o ° .. .. 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OMe Blud Marto' „P pogo, E.MW spy. .ems O nas¢omr v -- .Eactta«oWec. — vuax all. eces�nwi uan � a.xw.nxw.w« 01.L. loevsE FIXTURE A FIXTURE B jL WF -- — W a Z al o FIXTURE C FIXTURE D e •�� MIWYRW �• r_ �� O.ma /' uraweuam�aa•x ,m. � L1.1 QP O� 40 Attachment No. PC 4 Project Renderings Existing and Requested Height 41 V� Q� `-� �,P �� P ,`�O �� iP'A f Iwo itJII nrwu� lV Y PISI L• jl s .......... mnf111P1' i � � IIIIIIIII��:: .� r � n 1 � + _ � III� � ,, \ :� � _� _ __ -�__�� 3� `5. 4. A ;� > . _," ', ., 4 .`` yrv. ✓'' i� ��.,� ,�\'L�i �I�i . "��I I � ■ �� .t ,_, �- �: - - - � h ,� ,r �� ;: .:; r -�. �'"'.'- x v //.' N � �. C Al �� ,i�' �� J .. _ _ ... �� _ - v N C �``. -� '�!PRilillll��l!'i�� II I Il 1111 •, � �• ..tea L uW ff x. Planning Commission - June 18, 2015 Item No. 2a: Additional Materials Received PORr Channel Reef Condominiums Fence and Gate Variance (PA2014-190) y0 e� COMMUNITY DEVELO1- df F f n 100 Civic Center Drive V )iEFj Z Newport Beach,California 92660 `p. 949 644-3200 Gq<UFolk newportheachca.gov/communitydevelopment Memorandum To: Planning Commission From: Melinda Whelan, Planning Division Date: June 15, 2015 Re: Channel Reef Fence and Gate Variance (PA2014-190) Please find the following table to clarify fence and gate heights for the aforementioned Variance: Existing/Proposed* Recommended by Staff Height Above Top of 5-feet, 10-inches to 3-feet, 8-inches to Curb 8-feet 5-inches approximately 6-feet Height Above 5-feet, 10-inches to Approximately 4 feet Existing Grade 6-feet, 2-inches *applicant is proposing to maintain existing heights Community Development Planning Commission-June 18,2015 Item No.2b:Additional Materials Received Channel Reef Condominiums Fence and Gate Variance(PA2014-190) June 18, 2015, Planning Commission Agenda Comments Comments on Newport Beach Planning Commission regular meeting agenda item submitted by: Jim Mosher( iimmosher(oo)yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 2: Channel Reef Condominiums Fence and Gate Variance - (PA2014-190 1. I think from the Planning Commission's point of view one of the most important aspects of evaluating this proposal should be that the City's Public Works Department has unveiled and discussed with the community (specifically the Corona del Mar Residents Association) plans to re-pave and, at the same time, extensively re-configure and re- landscape the segment of Ocean Avenue fronting this property. These plans may include new medians, pathways, circulation and a different parking pattern. It would seem essential that the private improvements at Channel Reef, especially those in the public right of way, be in harmony with the public improvements, yet I don't see the City's plans mentioned or provided to the Commission in the staff report. 2. 1 also find it puzzling that despite the many comments regarding consistency with the City's Coastal Land Use Plan there seems to be no mention of the need for a Coastal Commission approved Coastal Development Permit. If even the City regards this construction as something different from maintenance of existing structures, I would certainly think a CDP would be required. 3. 1 do not agree with staffs conclusion that fencing with less open space is an aesthetic improvement. The pre-Coastal Act parking structure is admittedly an eyesore impeding public views, but that does not me "screening" it is an improvement. If blocking the view of the parking structure were good, the more logical conclusion would be to approve a completely solid, nontransparent wall around the lot; and I certainly don't think that would be an improvement. Even the proposed fence structure illustrated on the final page of the report significantly impairs the public's view of the harbor entrance, and if fencing at that location were allowed at all, a more openwork fence would clearly be better, not worse. 4. Finally, the argument for granting a variance contains logic and findings that seem contrary to the Commission's recent reasoning. In particular, I thought the Commission had held that the "unique circumstances" necessary for granting a variance had to have to do with something unusual about the underlying lot, and not to something "unique' about a non-conforming structure built on it. I also find it hard to believe that building fencing above the Ocean Avenue curb height is a "right" enjoyed by other similarly situated properties. • • • i • � • • • �• • Channel Reef Fence and Gate Variance 4 FI �i Y � � t IIIA, Ro�� 1 •� I 1 Vf .r a. Planning Commission Public Hearing June A, 2015 Planning Commission - June 18, 2015 Item No. 2c: Additional Materials Presented at Meeting 190) SEW PpR Introduction O C9(/FOQN�P. Variance to exceed height limit Replace legal nonconforming fences and gates that exceed the top of curb height Original project in Zg6os prior to current regulations and policies Coastal Bluff along Ocean Boulevard Slopes down to harbor 48 unit, 6-level condominium building and a 5-level parking structure Entrance at Ocean Boulevard through gates to roof-top parking and a driveway down to the lower levels of the parking structure 07/13/2012 Community Development Department - Planning Division 2 Planning Commission - June 18, 2015 Item No. 2c: Additional Materials Presented at Meeting 190) �SEW PpQT , Vicinity H V Z Map a( c,<icORN�P � W � . 1 1 ti ' •co t rw t• 07/13/2012 Community Development Department - Planning Division 3 Planning Commission - June 18, 2015 Item No. 2c: Additional Materials Presented at Meeting 190) SEW PpR U rum. 2 Background 3.962 - parking structure with roof-top parking, gates and fences on private and public right-of- way that define entry from Ocean Boulevard ■ Zggo - City Council encroachment agreement to retain existing retaining walls, gates, fences, lighting, driveway apron, and lighting 07/13/2012 Community Development Department - Planning Division 4 Planning Commission - June 18, 2015 Item No. 2c: Additional Materials Presented at Meeting 190) is• , • / Fence / Gate ■ Maintain existing heights ( max height 6' above FG ) for entrance and security ■ Modified design More opaque/ less transparent material to screen vehicles ■ Replace fences, gates and landscaping within public right-of-way in substantial conformance g with encroachmentp ermit 07/13/2012 Community Development Department - Planning Division 5 Planning Commission - June 18, 2015 Item No. 2c: Additional Materials Presented at Meeting 190) SEW PpR Proposed Cq�OQN`P V 1 25 07/13/2012 Community Development Department - Planning Division 6 Planning Commission - June 18, 2015 Item No. 2c: Additional Materials Presented at Meeting 190) Proposed .r 07/13/2012 Community Development Department- Planning Division 7