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HomeMy WebLinkAbout15 - Special Circumstance Variance - Andrew GoetzCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 November 25, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Attorney's Office; Robert Burnham, City Attorney; 644 -3131 - rburnham@city.newport-beach.Ga.us SUBJECT: Adoption of an Ordinance establishing a procedure for granting a "Special Circumstance Variance" for projects that Involve building permits that were issued based on false survey data submitted by Andrew Goetz. ISSUE Should the City Council adopt an uncodified ordinance establishing a procedure for granting a "Special Circumstance Variance" for projects that Involve building permits that were issued on the basis of false survey data submitted by Andrew Goetz? RECOMMENDATION Adopt the proposed Ordinance attached as Exhibit A. The City Council, on November 12 and after receiving extensive testimony, introduced an uncodified ordinance that, if adopted, would establish the criteria and a procedure for issuing a special circumstances variance for certain projects involving building permit applications that contained falsified survey data. The City Council directed staff to modify the ordinance in certain respects and the ordinance attached to this memo as Exhibit A includes those modifications. Environmental Review: Class 5 Categorical Exemption — Minor Alterations in Land Use Limitations. by: ham, City Attorney Exhibit A: Ordinance ORDINANCE NO. 2003 -_ A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING PROCEDURES FOR ISSUANCE OF A SPECIAL CIRCUMSTANCE VARIANCE WHEREAS, the Newport Beach City Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the Constitution; and WHEREAS, the City Council has the authority to make and adopt regulations and permit procedures for development of property within the City of Newport Beach and has done so pursuant to the Newport Beach Zoning Code, Title 20 of the Newport Beach Municipal Code ( "Zoning Code "); and WHEREAS, as a charter city, Newport Beach is not subject to the provisions of the State Zoning and Planning Act except to the extent that those provisions relate to matters of statewide concern; and WHEREAS, the City Council finds that the special circumstances that have generated the need for, and the special provisions of, this ordinance do not involve matters of statewide concern and are not matters the regulation of which are subject to express or implied preemption by the Legislature; and WHEREAS,'rthe procedures and findings for the consideration and approval of variances are found in "Chapter 20.91 of the Newport Beach Municipal Code and those procedures and findings do not address the unique circumstances described in this ordinance; and WHEREAS, the City Council finds that, during the past 3 years, a local architect, Andrew Goetz (for purposes of this ordinance, the words Andrew Goetz or Goetz include the business entity known as Andrew Goetz and Associates, any other business entity owned or controlled by Andrew Goetz and any person acting on behalf of Andrew Goetz), submitted numerous applications for building permits that were accompanied by topographic surveys that: (a) were not signed by the surveyor; and (b) were altered to increase the elevations on all or a portion of the parcel; (c) or were fabricated by Andrew Goetz and not based on any field data; and WHEREAS, the City Council finds that the Building Department, following standard procedures in all cases, issued approximately 30 building permits based on, and in reliance on, the false information submitted by Goetz; and WHEREAS, the City Council finds that, based on preliminary analysis, virtually all of the building permits issued on the basis of information submitted by Andrew Goetz during the past three years, authorized construction of buildings that exceed the height limits specified in the Zoning Code; and -1- WHEREAS, the City Council finds that, based on preliminary analysis, the projects for which building permits were issued on the basis of false information submitted by Goetz are in various stages of construction ranging from completed structures that have been occupied for an extended period of time to projects that are not yet under construction; and WHEREAS, the Building Director has, pursuant to the provisions of Section 303.5 of the Uniform Administrative Code (adopted by reference in Title 15 of the Newport Beach Municipal Code) suspended construction on all projects that the City has determined involve permits that were issued based on false information submitted by Andrew Goetz; and WHEREAS, the City Council finds that, under virtually all circumstances, strict enforcement of the Zoning Code serves Important public interests such as promotion of aesthetically pleasing neighborhoods, protection of the public health and welfare and the equal handed administration of laws; and WHEREAS, the City Council finds that the extremely unique circumstances relevant to the building permit applications submitted by Andrew Goetz warrant the extraordinary step of adopting this ordinance establishing special circumstance variance procedures for a very limited number of properties; and WHEREAS, the City Council finds that granting the special circumstance variances to the extent authorized by this ordinance will not adversely affect the health, safety, welfare or peace of the City or the persons who own property in and around the parcels for which a special circumstance variance may be granted; and WHEREAS, the City Council finds that the classifications in this ordinance, which allows the issuance of a special circumstance variance for certain construction projects that are complete or substantially complete, represent a fair and equitable balance of the public interests in strictly enforcing the Zoning Code with the hardships experienced by the owners of property who have been victimized by the apparently criminal conduct engaged in by Goetz; and WHEREAS, the City Council finds that the classifications and provisions of this ordinance, and the criteria for granting a special circumstance variance, are reasonable and represent, to the best extent possible given the wide range of circumstances, projects that are substantially similar in all relevant respects; and WHEREAS, the City Council finds that this ordinance, and the procedure and criteria for granting a special circumstance variance is not to be codified and shall not be considered an amendment to the zoning code due to its extremely narrow and limited application. -2- WHEREAS, the City Council finds and declares that the provisions of this ordinance, and any special circumstance variance granted pursuant to this ordinance, do not supersede or in any way effect any private contract relating to the use of land and /or size of structures such as the 'covenants, conditions and restrictions" applicable to many properties in the City of Newport Beach. NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: SECTION 1: CRITERIA Notwithstanding any other provision of the Newport Beach Municipal Code, an owner of property that satisfies all of the following criteria may apply to the Planning Director for a special circumstance variance pursuant to the provisions of Section 2 and 3: (a) The property is the subject of a building permit that was issued on the basis of an application submitted by Andrew Goetz on behalf of the property owner /developer; (b) The City determined, when the building permit application was issued, that the proposed structure fully complied with all relevant provisions of the Zoning Code based on the information submitted by Andrew Goetz on behalf of the property owner /developer; (c) The building permit application submitted by Andrew Goetz included a topographic survey that contains a forged, altered, or falsified stamp and /or signature of the licensed surveyor who conducted the survey; (d) The building permit application submitted by Andrew Goetz included a topographic survey that contained altered and /or falsified survey data including elevations that did not accurately reflect the information provided to Goetz by the person who conducted the survey (e) The City would not have issued the building permit or determined the structure conformed to the building height limits established by the Zoning Code if the true and accurate topographic survey had been submitted with the application. (f) Construction of the project pursuant to the building permit issued on the basis of the false topographic survey has proceed to the stage that the Building Department has inspected, and given approval for, work on the (exterior or interior) drywall, suspended ceiling, shower lath, exterior lath or "plaster- scratch" coat. -3- (g) The City has no evidence that the owner or developer of the property for which the building permit was issued pursuant to the application submitted by Goetz had actual knowledge of the falsification of the signature /stamp of the surveyor or the falsification or alteration of the survey data. SECTION 2: REQUIRED FINDINGS The Planning Director may grant a special circumstance variance for any property described in Section 1 if the Planning Director finds that: (a) No portion of the structure on the property that was constructed, or is being constructed, exceeds by more than five percent (5 %) the height permitted by the Zoning Code and the structure complies in all other respects with the provisions of Titles 15 and 20 of the Newport Beach Municipal Code; or (b) (i) The applicant has completed (or the variance is conditioned on completion) all feasible alterations to the structure that can be made to cause the structure to conform, or more closely conform, to the building height provisions of the Zoning Code; and (ii) That aside from the feasible alterations specified in subsection (1), the applicant has provided credible and convincing evidence that there is no feasible alteration that would cause the structure to conform, or more closely conform to the building height provisions of the Zoning Code; and (iii) The structure complies in all other respects with the provisions of Title 20 and Title 15 of the Newport Beach Municipal Code. SECTION 3. COVENANT The grant of any special circumstance variance is conditioned on the applicant's recordation of a covenant approved as to form and content by the City Attorney, that states, among other things that: (a) The structure is the subject of a special circumstance variance; (b) The special circumstance variance terminates if the structure is destroyed or demolished or if the City finds that there is substantial evidence to support a finding that the owner /developer of the property when the special circumstance variance was granted knew of the falsification of the surveyor's stamp /signature or the falsification of the survey data. Ell SECTION 4. The Planning Director shall conduct a hearing on any application for a special circumstance variance. Written notice of the hearing shall be given to all owners of real property, as determined by the latest equalized assessment roll, located within 300 feet, inclusive of public property and public rights of way, of the exterior boundaries of the property that is the subject of the application. Written notice shall be given at least seventy -two (72) hours prior to the date and time of the hearing. Testimony at the hearing shall be strictly limited to whether the property is eligible for a special circumstance variance on the basis of the provisions of Section 2(a) or 2(b). The Planning Director shall not consider testimony or comments on other subjects including, without limitation, the impact of the excessive structure height on any adjacent property or any view from or to any adjacent property. The Planning Director may, prior to any hearing, establish a sixty (60) minute limit on testimony. The decision of the Planning Director shall be final. SECTION 5. FEASIBLE For the purposes of this ordinance, the term feasible alteration(s) shall mean a modification of the structure that involves removal and replacement of roofing (shingles, slates, tiles, etc.), the removal of interior or exterior finishes (dry wall, stucco, plaster etc. etc.) but does not include the removal, alteration or replacement of supporting members of the structure such as trusses, load- bearing walls, columns, beams, or girders unless the Planning Director determines that the limited removal, replacement or alteration of structural elements that pertain directly to the portion of the structure that exceeds the height limit in the Zoning Code can be accomplished without any impact on the remainder of the structure. SECTION 6: SEVERABILITY That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one to more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 7: CONCLUSION The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of November, 2003, and adopted on the day of November, 2003, by the following vote, to -wit: -5- AYES, COUNCILMEMB NOES,COUNCILMEMBERS ABSENT, COUNCILMEMBERS MAYOR ATTEST: CITY CLERK F:\users\cat\shared\da\Ordinance\ProSpeCirVarl.doc m 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT COUNCIL AGENDA NO. ► S i 1 la S 1u3 Agenda Item No. S17 November 12, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Attorney's Office; Robert Bumham, City Attorney; 644 -3131 - rburnham @city.newport- beach.ca.us SUBJECT: Introduction of an Ordinance establishing a procedure for granting a "Special Circumstance Variance" for projects that involve building permits that were issued based on false survey data submitted by Andrew Goetz. ISSUE Should the City Council introduce, and pass to second reading, an uncodified ordinance establishing a procedure for granting a "Special Circumstance Variance" for projects that involve building permits that were issued on the basis of false survey data submitted by Andrew Goetz? RECOMMENDATION ,Introduce the proposed Ordinance attached as Exhibit A or as amended by the City Council. DISCUSSION As the City Council knows, City staff has been reviewing the survey data that Andrew Goetz, a local architect, submitted with building permit applications for numerous residential projects over the past few years. Based on our administrative review of the topographic surveys Goetz submitted we have reason to believe that the signatures and /or stamps on the surveys were forged or altered and that the survey data did not accurately reflect the field measurements taken by the surveyor. The false information appears to have been submitted with as many as 30 -35 building permit applications submitted during the past three years. As a result of the inaccurate data, the permits authorize construction of homes that exceed the maximum height perrnitted by the Zoning Code. The Building Director issued stop work notices for all homes under construction that we have reason to believe exceed the height limit. Staff has met with many of the property owners to explain the situation and, as you can imagine, those whose homes are under construction want to know how the City intends to respond to this unique situation. In my opinion, the City is not liable for issuing permits based on false survey data and the City could, if it chooses to do so, revoke all permits issued on the basis of the false data after appropriate hearings to provide due process. I believe the City would have the right to seek a court order requiring the owners of all above height homes to bring those structures into compliance with the height limits in the Zoning Code. I am unable to offer an opinion on the City's chances of obtaining such an order but the court, in deciding whether to grant the order, would be required to balance the interests of the City in ensuring compliance with the Zoning r � Code against the interests of the property owner and specifically the hardships (cost and impact of construction) in bringing the structure into compliance. Staff has discussed some of the options available to the City (the options range from take no action to requiring all structures to comply with the height limit) and recommend that the City Council adopt an ordinance that establishes a process for issuing a "Special Circumstance Variance." (Copy of draft ordinance is Exhibit A). The proposed ordinance would: 1. Apply only to projects that were permitted based on false survey data submitted by Goetz, that exceed the height limit because of the false data and that are very close to completion; 2. Authorize the Planning Director, after giving notice to neighbors and conducting a hearing, to issue a "Special Circumstance Variance" only if there are no "feasible" alterations that can be made to cause the structure to conform or more closely conform to the height limit; and 3. Require, as a condition to the issuance of the "Special Circumstance Variance' the recordation of a covenant that would obligate the property owner to bring the structure into compliance if, when applying for a building permit in the future, the Planning Director determines that it is feasible to do so. The proposed ordinance has been hastily drafted and is intended to serve as a basis for discussion as to the appropriate course of action. Staff believes that key issues include the definition of feasible and the thresholds for eligibility. Environmental Review: Class 5 — minor alterations in land use limitations. PreparE Rot)6rt Burnham, City-AIR Exhibit A: Ordinance 0 0 ORDINANCE NO. 2003 - A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING PROCEDURES FOR ISSUANCE OF A SPECIAL CIRCUMSTANCE VARIANCE WHEREAS, the Newport Beach City Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the Constitution; and WHEREAS, the City Council has the authority to make and adopt regulations and permit procedures for development of property within the City of Newport Beach and has done so pursuant to the Newport Beach Zoning Code, Title 20 of the Newport Beach Municipal Code ( "Zoning Code'); and WHEREAS, as a charter city, Newport Beach is not subject to the provisions of the State Zoning and Planning Act except to the extent that those provisions relate to matters of statewide concern; and WHEREAS, the City Council finds that the special circumstances that have generated the need for, and the special provisions of, this ordinance do not involve matters of statewide • concern and are not matters the regulation of which are subject to express or implied preemption by the Legislature; and WHEREAS, the procedures and findings for the consideration and approval of variances are found in Chapter 20.91 of the Newport Beach Municipal Code and those procedures and findings do not address the unique circumstances described in this ordinance; and WHEREA,'S, the City Council finds that, during the past three years, a local architect, Andrew Goetz, submitted numerous applications for building permits that were accompanied by topographic surveys that: (a) were not signed by the surveyor; and (b) were altered to increase the elevations on all or a portion of the parcel; and WHEREAS, the City Council finds that the Building Department, following standard procedures in all cases, issued approximately 30 building permits based on, and in reliance on, the false information submitted by Goetz; and WHEREAS, the City Council finds that, based on preliminary analysis, virtually all of the building permits issued on the basis of information submitted by Andrew Goetz during the past three years, authorized construction of buildings that exceed the height limits specified in the Zoning Code; and WHEREAS, the City Council finds that, based on preliminary analysis, the projects for which building permits were issued on the basis of false information submitted by Goetz are in various stages of construction ranging from completed structures that have been -1- occupied for an extended period of time to projects that are not yet under construction; and WHEREAS, the Building Director has, pursuant to the provisions of Section 303.5 of the Uniform Administrative Code (adopted by reference in Title 15 of the Newport Beach Municipal Code) suspended construction on all projects for which permits were issued based on false information submitted by Andrew Goetz; and WHEREAS, the City Council finds that, under virtually all circumstances, strict enforcement of the Zoning Code serves important public interests such as promotion of aesthetically pleasing neighborhoods, protection of the public health and welfare and the equal handed administration of laws; and WHEREAS, the City Council finds that the extremely unique circumstances relevant to the building permit applications submitted by Andrew Goetz warrant the extraordinary step of adopting this ordinance establishing special circumstance variance procedures for a very limited number of properties; and WHEREAS, the City Council finds that granting the special variances authorized by this ordinance will not adversely affect the health, safety, welfare or peace of the City or the persons who own property in and around the parcels for which a special variance may be granted; and WHEREAS, the City Council finds that this ordinance, which provides for different procedures depending on the stage of construction, represents a fair and equitable balance of the public interests in strictly enforcing the Zoning Code with the variable hardship caused to the property owner; and WHEREAS, the City Council finds that the categories established in this ordinance, and the criteria for granting a special circumstance variance, are reasonable and represent, to the' best lextent possible given the wide range of circumstances, projects that are substantially similar in all relevant respects; and WHEREAS, the City Council finds that this ordinance, and the procedure and criteria for granting a special circumstance variance is not to be codified and shall not be considered an amendment to the zoning code due to its extremely narrow and limited application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach ordains as follows: SECTION 1: Notwithstanding any other provision of the Newport Beach Municipal Code an owner of property that satisfies all of the following criteria may apply to the Planning Director for a special circumstance variance pursuant to the procedures specified in Section 2: 9 -2- (a) The property is the subject of a building permit that was issued on the basis of an application submitted by Andrew Goetz; (b) The building permit application was determined to fully comply with all relevant provisions of the Zoning Code based on the information submitted by Andrew Goetz on behalf of the properly owner /developer, (c) The building permit application submitted by Andrew Goetz included a topographic survey that contains a forged, altered, or falsified stamp and /or signature of the person who purported conducted the survey; (d) The building permit application submitted by Andrew Goetz included a topographic survey that contained altered and /or falsified survey data including elevations that did not accurately reflect the information provided to Andrew Goetz by the person who conducted the survey; (e) The building permit would not have been approved as consistent with the building height limits established by the Zoning Code if the true and accurate topographic survey had been submitted with the application; (f) The properly owner has commenced construction based on the building permit issued on the basis of the false topographic survey and the work on the structure • has proceed to the stage that the Building Department has inspected, and given approval for, work on the (exterior or interior) drywall, suspended ceiling, shower lath, exterior lath or "plaster- scratch" coat. E SECTION 2: The Planning Director may approve a qualifying application for a special circumstance variance; for any property described in Section 1 if the Planning Director finds, after conducting the hearing specified in Section 3 and considering all relevant evidence, that: (a) The applicant has completed (or the variance is conditioned on completion) all feasible alterations to the structure that can be made to cause the structure to conform, or more closely conform, to the building height provisions of the Zoning Code; (b) That aside from any feasible alterations as described in subsection (a), the applicant has provided credible and convincing evidence that there is no feasible alteration that would cause the structure to conform, or more closely conform to the.building height provisions of the Zoning Code; (c) The structure complies in all other respects with the provisions of Title 20 and Title 15 of the Newport Beach Municipal Code. -3- (d) The property owner agrees to record, and does record, a covenant approved as to • form and content by the City Attorney, that states, among other things that: (i) the structure is the subject of a special circumstance variance; (ii) the property owner will bring the structure into compliance with the height limits in the Zoning Code if the Planning Director determines, at such time as the property owner applies for any subsequent building permit, that alteration of the structure to conform to the height limits in the Zoning Code is feasible; and (iii) that the property owner will indemnify, defend and hold harmless the City and its officers and employees with respect to any claim or litigation in any way related to the special circumstance variance. (e) For the purposes of this ordinance, the term feasible alteration(s) shall mean a modification of the structure that involves removal and replacement of roofing (shingles, slates, tiles, etc.), the removal of interior or exterior finishes (dry wall, stucco, plaster etc. etc.) but does not include the removal, alteration or replacement of supporting members of the structure such as trusses, load- bearing walls, columns, beams, or girders unless the Planning Director determines that the limited removal, replacement or alteration of structural elements that pertain directly to the portion of the structure that exceeds the height limit in the Zoning Code can be accomplished without any impact on the remainder of the structure. SECTION 3: The Planning Director shall conduct a hearing on any application for a special circumstance variance. Written notice of the hearing shall be given to all owners of real property, as determined by the latest equalized assessment roll, located within 300 feet, inclusive of public property and public rights of way, of the exterior boundaries of the property that is the subject of the application. Testimony at the hearing shall be strictly limited tq whether the property is eligible for a special variance and whether there is a feasible 4Iteration that would cause the property to conform, or more closely conform, to the height limit in the Zoning Code. The Planning Director shall not consider testimony or comments on other subjects including, without limitation, the impact of the excessive structure height on any adjacent property or any view from or to any adjacent property. The Planning Director may, prior to any hearing, establish a sixty (60) minute limit on testimony. SECTION 4: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one to more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: -4- • • The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of November, 2003, and adopted on the day of November, 2003, by the following vote, to -wit: AYES,COUNCILMEMBERS NOES,COUNCILMEMBERS ABSENT, COUNCILMEMBERS MAYOR ATTEST: CITY CLERK F:luserslcatlsharedlda\Ord inance\ProS peCirVad 110703.doc -5- CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT • SUPPLEMENTAL REPORT Agenda Item No. 15 November 25, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department, Patricia Temple, Director, 949 - 644 -3228 ptemple@city.newport-beach.ca.us SUBJECT: Adoption of an Ordinance establishing a procedure for granting a "Special Circumstance Variance" for projects that involve building permits that were issued based on false survey data submitted by Andrew Goetz. On November 20, 2003, the Planning Director held a public hearing to consider conditional approval of six applications for special circumstance variances pursuant to Ordinance 2003 -16. Of these applications, five were considered under the "de minimus" provision of the Ordinance. The properties in this category are: • 709 Begonia Avenue (VS2003 -001) • 1761 Miramar Avenue (VS2003 -002) • 505 J Street (VS2003 -003) • 2508 W. Ocean Front (VS2003 -004) • 512 Fernleaf Avenue(VS2003 -005) One application exceeded the level for the de minimus review. This was the property at 202 Fernleaf Avenue(VS2003 -006). All of the applications were approved, with the 202 Femleaf Avenue application conditioned upon a feasible alteration to the structure. This alteration is the removal of a solid patio cover and restroom on the third level roof deck. The approval letters, with the Findings and Conditions of Approval, are attached. Prepared by: Attachments: Approval Letters for Special Circumstance Variances CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3229 November 21, 2003 Greg and Mark Lee 709 Begonia Avenue Corona del Mar, CA 92625 Special Circumstance Variance VS2003 -019 (PA2003 -257) APPLICATION: Special Circumstance Variance VS2003 -001 (PA2003 -257) REQUEST: Request to allow a duplex structure to exceed the maximum height limit due to the issuance of a building permit pursuant to Ordinance 2003- 16. APPLICANT: Greg and Mark Lee, on behalf of Greg and Mark Lee, property owner • PROPERTY . OWNER: Greg and Mark Lee LOCATION: 709 BEGONIA AVENUE Ordinance 2003 -16 sets forth the criteria for the Planning Director to consider and approve a Special Circumstance Variance. In order to make the necessary determinations the Planning Director reviewed and considered all of the following: • The building permit plans submitted by Andrew Goetz; • The original topographic survey prepared by Ted Krull of California Surveying; • The review of the project by the Newport Beach Building Department, which determined that the project meets the criteria set forth in Section 1 of Ordinance 2003 -16; The review of the building plans and original survey information by the Newport Beach Planning Department, which determined that the project meets the criteria of Section 2(a) of Ordinance 2003 -16; The application and statement of justification submitted by Greg and Mark Lee; The testimony received at the public hearing. Based on this information, the Planning Director took the following action: ACTION: Approved November 20, 2003. The Planning Director approved the . application for this Special Circumstance Variance subject to the findings and conditions below. November 20, 2003 Page - 2 • Findings: 1. This property satisfies the criteria to apply for special circumstance variance established in Section 1 of Ordinance 2003 -16, as follows: (a) The property at 709 Begonia Avenue, Corona Del Mar California is the subject of a building permit that was issued on September 14, 2002, on the basis of an application submitted by Andrew Goetz on behalf of the property owner /developer. (b) The City determined, when the building permit application was issued, that the proposed structure fully complied with all relevant provisions of the Zoning Code based on the information submitted by Andrew Goetz on behalf of the property owner /developer. (c) The building permit application submitted by Andrew Goetz included a topographic survey that contains a forged, altered, or falsified stamp and /or signature of Ted Krull of California Surveying, a licensed surveyor, who conducted the survey. Ted Krull has confirmed that that the signature and California registration seal on the survey submitted is not his. (d) The building permit application submitted by Andrew Goetz included a • topographic survey that contained altered and /or falsified survey data including elevations that did not accurately reflect the information provided to Goetz by the person who conducted the survey. The actual survey information and grade elevations provided by California Surveying compared to the survey data provided by Andrew Goetz show increased elevations up to 15 inches. (e) , The City would not have issued the building permit or determined the structure conformed to the building height limits established by the Zoning Code if the true and accurate topographic survey had been submitted with the application. (f) Construction of the project pursuant to the building permit issued on the basis of the false topographic survey has proceeded to the stage that the Building Department has inspected, and given approval for, work on the drywall and exterior lath. (g) The City has no evidence that the owner or developer of the property for which the building permit was issued pursuant to the application submitted by Goetz had actual knowledge of the falsification of the signature /stamp of the surveyor or the falsification or alteration of the survey data. 2. In order for a project to be below the 5% threshold contained in Ordinance 2003 -16, the roof ridge point cannot exceed the height limit by more than 17.4 inches, and the • roof midpoint cannot exceed the height limit by more than 14.4 inches. In this case, one ridge point was 0.12 inch over the height limit, and one roof midpoint was 12.25 inches over the height limit. Therefore, no portion of the structure on the property that November 20, 2003 Page -3 is being constructed at 709 Begonia Avenue exceeds by more than 5% the height • permitted by the Zoning Code, and the structure in all other respects complies with the provisions of Titles 15 and 20 of the Newport Beach Municipal Code. Conditions: 1. The project at 709 Begonia Avenue shall proceed to completion in compliance with the building plans and all plan revisions approved by the Building and Planning Department. 2. Final inspection and sign off of the building permit shall not occur until a covenant is recorded as set forth in Section 3 of Ordinance 2003 -16, and Ordinance 2003 -16 becomes effective. 3. Approval of this special circumstance variance shall not be effective until the effective date of Ordinance 2003 -16. PATRICIA L. TEMPLE, Planning Director �� II 1 f • c C;U C/I cl� /\ - �L yt k4E F: \USERS \PLN \SHARED\PA'S\1 - SPECIAL CIRCUMSTANCE VARIANCE \1APPR LETTER- SCV.DOC Attachments: Site Plan, Floor Plan and Elevations Applicant/Contact Person Greg and Mark Lee 709 Begonia Avenue Corona del Mar, CA 92625 Property owner. Greg and Mark Lee 709 Begonia Avenue Corona del Mar, CA 92625 • 0 • CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 6443229 November 21, 2003 Bruce Roeland 1761 Miramar Drive Newport Beach, CA 92661 Special Circumstance Variance VS2003 -00"1 (PA2003 -258) APPLICATION: Special Circumstance Variance VS2003 -002 (PA2003 -258) REQUEST: Request to allow a single family dwelling structure to exceed the maximum height limit due to the issuance of a building permit pursuant to Ordinance 2003 -16. APPLICANT: Bruce Roeland, on behalf of Bruce Roeland, property owner PROPERTY OWNER: Bruce Roeland LOCATION: 1761 MIRAMAR DRIVE Ordinance 2003 -16 sets forth the criteria for the Planning Director to consider and approve a Special; Circumstance Variance. In order to make the necessary determinations the Planning Director reviewed and considered all of the following: • The building permit plans submitted by Andrew Goetz; • The original topographic survey prepared by Ted Krull of California Surveying; • The review of the project by the Newport Beach Building Department, which determined that the project meets the criteria set forth in Section 1 of Ordinance 2003 -16; • The review of the building plans and original survey information by the Newport Beach Planning Department, which determined that the project meets the criteria of Section 2(a) of Ordinance 2003 -16; • The application and statement of justification submitted by Bruce Roeland; • The testimony received at the public hearing. Based on this information, the Planning Director took the following action: ACTION: Approved November 20, 2003. The Planning Director approved the application for this Special Circumstance Variance subject to the findings and conditions below. November 20, 2003 Page - 2 Findings: • 1. This property satisfies the criteria to apply for special circumstance variance established in Section 1 of Ordinance 2003 -16, as follows: (a) The property at 1761 Miramar Drive, Newport Beach California is the subject of a building permit that was issued on December 3, 2002, on the basis of an application submitted by Andrew Goetz on behalf of the property owner /developer. (b) The City determined, when the building permit application was issued, that the proposed structure fully complied with all relevant provisions of the Zoning Code based on the information submitted by Andrew Goetz on behalf of the property owner /developer. (c) The building permit application submitted by Andrew Goetz included a topographic survey that contains a forged, altered, or falsified stamp and /or signature of Ted Krull of California Surveying, a licensed surveyor, who conducted the survey. Ted Krull has confirmed that that the signature and California registration seal on the survey submitted is not his. (d) The building permit application submitted by Andrew Goetz included a topographic survey that contained altered and /or falsified survey data including • elevations that did not accurately reflect the information provided to Goetz by the person who conducted the survey. The actual survey information and grade elevations provided by California Surveying compared to the survey data provided by Andrew Goetz show increased elevations up to 11 inches. (e) The City would not have issued the building permit or determined the structure conformed to the building height limits established by the Zoning Code if the true and accurate topographic survey had been submitted with the application. (f) Construction of the project pursuant to the building permit issued on the basis of the false topographic survey has proceeded to the stage that the Building Department has inspected, and given approval for, work on the drywall. (g) The City has no evidence that the owner or developer of the property for which the building permit was issued pursuant to the application submitted by Goetz had actual knowledge of the falsification of the signature /stamp of the surveyor or the falsification or alteration of the survey data. 2. In order for a project to be below the 5% threshold contained in Ordinance 2003 -16, the roof ridge point cannot exceed the height limit by more than 17.4 inches, and the roof midpoint cannot exceed the height limit by more than 14.4 inches. In this case, the ridge points ranged from 6 to 9 inches over the height limit, and the roof midpoints ranged from 8.5 to 13 inches over the height limit. Therefore, no portion of the structure on the property that is being constructed at 1761 Miramar Drive exceeds by November 20, 2003 Page - 3 more than 5% the height permitted by the Zoning Code, and the structure in all other respects complies with the provisions of Titles 15 and 20 of the Newport Beach Municipal Code. Conditions: 1. The project at 1761 Miramar Drive shall proceed to completion in compliance with the building plans and all plan revisions approved by the Building and Planning Department. 2. Final inspection and sign off of the building permit shall not occur until a covenant is recorded as set forth in Section 3 of Ordinance 2003 -16, and Ordinance 2003 -16 becomes effective. 3. Approval of this special circumstance variance shall not be effective until the effective date of Ordinance 2003 -16 PATRICIA L. TEMPLE, Planning Director rA - -+, (k F: \USERS\PLN \SHARED \PA'S \1 - SPECIAL CIRCUMSTANCE VARIANCE \1APPR LETTER- SCV.DOC Attachments: Site Plan, Floor Plan and Elevations Applicant/Contact Person Bruce Roeland 1761 Miramar Drive Newport Beach, CA 92661 Property owner: Bruce Roeland 1761 Miramar Drive Newport Beach, CA 92661 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200: FAX (949) 644.3229 November 21, 2003 Charles and Kristine Gates 8 Alondra Irvine, CA 92620 Special Circumstance Variance VS2003 -003 (PA2003 -259) APPLICATION: Special Circumstance Variance VS2003 -003 (PA2003 -259) REQUEST: Request to allow a single family dwelling structure to exceed the maximum height limit due to the issuance of a building permit pursuant to Ordinance 2003 -16. APPLICANT: Charles and Kristine Gates, on behalf of Charles and Kristine Gates, property owner PROPERTY OWNER: Charles and Kristine Gates LOCATION: 505 J STREET Ordinance, 2003 -16 sets forth the criteria for the Planning Director to consider and approve a Special Circumstance Variance. In order to make the necessary determinations the Planning Director reviewed and considered all of the following: • The building permit plans submitted by Andrew Goetz; • The original topographic survey prepared by Ted Krull of California Surveying; • The review of the project by the Newport Beach Building Department, which determined that the project meets the criteria set forth in Section 1 of Ordinance 2003 -16; • The review of the building plans and original survey information by the Newport Beach Planning Department, which determined that the project meets the criteria of Section 2(a) of Ordinance 2003 -16; • The application and statement of justification submitted by Charles and Kristine Gates; • The testimony, both written and oral, received at the public hearing. Based on this information, the Planning Director took the following action: • November 20, 2003 Page - 2 ACTION: Approved November 20, 2003. The Planning Director approved the application for this Special Circumstance Variance subject to the findings and conditions below. Findings: 1. This property satisfies the criteria to apply for special circumstance variance established in Section 1 of Ordinance 2003 -16, as follows: (a) The property at 505 J Street, Newport Beach California is the subject of a building permit that was issued on February 14 2003, on the basis of an application submitted by Andrew Goetz on behalf of the property owner /developer. (b) The City determined, when the building permit application was issued, that the proposed structure fully complied with all relevant provisions of the Zoning Code based on the information submitted by Andrew Goetz on behalf of the property owner /developer. (c) The building permit application submitted by Andrew Goetz included a topographic survey that contains a forged, altered, or falsified stamp and /or signature of Ted Krull of California Surveying, a licensed surveyor, who conducted the survey. Ted Krull has confirmed that that the signature and California registration seal on the survey submitted is not his. (d) The building permit application submitted by Andrew Goetz included a topographic survey that contained altered and /or falsified survey data including elevations that did not accurately reflect the information provided to Goetz by the person who conducted the survey. The actual survey information and grade elevations provided by California Surveying compared to the survey data provided by Andrew Goetz show increased elevations up to 18 inches. (e) The City would not have issued the building permit or determined the structure conformed to the building height limits established by the Zoning Code if the true and accurate topographic survey had been submitted with the application. (f) Construction of the project pursuant to the building permit issued on the basis of the false topographic survey has proceeded to the stage that the Building Department has inspected, and given approval for, work on the drywall and exterior lath. (g) The City has no evidence that the owner or developer of the property for which the building permit was issued pursuant to the application submitted by Goetz had actual knowledge of the falsification of the signature /stamp of the surveyor or the falsification or alteration of the survey data. November 20, 2003 Page - 3 2. In order for a project to be below the 5% threshold contained in Ordinance 2003 -16, the roof ridge point cannot exceed the height limit by more than 17.4 inches, and the roof midpoint and flat roof elements cannot exceed the height limit by more than 14.4 inches. In this case, the ridge point is compliant with the height limit, the roof midpoints range from 1.5 to 12.5 inches over the height limit, and the flat roof element is 7 inches over the height limit. Therefore, no portion of the structure on the property that is being constructed at 505 J Street exceeds by more that 5% the height permitted by the Zoning Code, and the structure in all other respects complies with the provisions of Titles 15 and 20 of the Newport Beach Municipal Code. Conditions: 1. The project at 505 J Street shall proceed to completion in compliance with the building plans and all plan revisions approved by the Building and Planning Department. 2. Final inspection and sign off of the building permit shall not occur until a covenant is recorded as set forth in Section 3 of Ordinance 2003 -16, and Ordinance 2003 -16 becomes effective. 3. Approval of this special circumstance variance shall not be effective until the effective date of Ordinance 2003 -16. 0 PATRICIA L. TEMPLE, Planning Director F1USERS\PLN\SHARED \PA'S \1 - SPECIAL CIRCUMSTANCE VARIANCE \1APPR LETTER- SCV.DOC Attachments: Site Plan, Floor Plan and Elevations Applicant/Contact Person Charles and Kristine Gates 8 Alondra Irvine, CA 92620 Propertv owner: Charles and Kristine Gates 8 Alondra Irvine, CA 92620 0 E • CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3229 November 21, 2003 Douglas Alexander Cianfrocca 505 N. Tustin Avenue, #114 Santa Ana, CA 92705 Special Circumstance Variance VS2003 -004 (PA2003 -260) APPLICATION: Special Circumstance Variance VS2003 -004 (PA2003 -260) REQUEST: Request to allow a single family dwelling structure to exceed the maximum height limit due to the issuance of a building permit pursuant to Ordinance 2003 -16. APPLICANT: Douglas Alexander Cianfrocca, on behalf of Douglas Cianfrocca, property owner PROPERTY OWNER: Douglas Cianfrocca LOCATION: 2508 W. OCEAN FRONT Ordinance..2003 -16 sets forth the criteria for the Planning Director to consider and approve a Special Circumstance Variance. In order to make the necessary determinations the Planning Director reviewed and considered all of the following: • The building permit plans submitted by Andrew Goetz; • The original topographic survey prepared by Douglas Foster; • The review of the project by the Newport Beach Building Department, which determined that the project meets the criteria set forth in Section 1 of Ordinance 2003 -16; • The review of the building plans and original survey information by the Newport Beach Planning Department, which determined that the project meets the criteria of Section 2(a) of Ordinance 2003 -16; • The application and statement of justification submitted by Douglas Cianfrocca; • The testimony received at the public hearing. Based on this information, the Planning Director took the following action: November 20, 2003 Page - 2 ACTION: Approved November 20, 2003. The Planning Director approved the application for this Special Circumstance Variance subject to the findings and conditions below. Findings: 1. This property satisfies the criteria to apply for special circumstance variance established in Section 1 of Ordinance 2003 -16, as follows: (a) The property at 2508 W. Ocean Front, Newport Beach California is the subject of a building permit that was issued on December 16, 2002, on the basis of an application submitted by Andrew Goetz on behalf of the property owner /developer. (b) The City determined, when the building permit application was issued, that the proposed structure fully complied with all relevant provisions of the Zoning Code based on the information submitted by Andrew Goetz on behalf of the property owner /developer. (c) The building permit application submitted by Andrew Goetz included a topographic survey that contains a forged, altered, or falsified stamp and /or signature of Douglas Foster, a licensed surveyor, who conducted the survey. Douglas Foster has confirmed that that the signature and California registration seal on the survey . submitted is not his. (d) The building permit application submitted by Andrew Goetz included a topographic survey that contained altered and /or falsified survey data including elevations that did not accurately reflect the information provided to Goetz by the person who conducted the survey. The actual survey information and grade elevations provided by Douglas Foster compared to the survey data provided by Andrew Goetz show increased elevations up to 7 inches. (e) The City would not have issued the building permit or determined the structure conformed to the building height limits established by the Zoning Code if the true and accurate topographic survey had been submitted with the application. (f) Construction of the project pursuant to the building permit issued on the basis of the false topographic survey has proceeded to the stage that the Building Department has inspected, and given approval for, work on the drywall and exterior lath. (g) The City has no evidence that the owner or developer of the property for which the building permit was issued pursuant to the application submitted by Goetz had actual knowledge of the falsification of the signature /stamp of the surveyor or the falsification or alteration of the survey data. 0 November 20, 2003 Page - 3 • 2. In order for a project to be below the 5% threshold contained in Ordinance 2003 -16, the roof ridge point cannot exceed the height limit by more than 17.4 inches, and the roof midpoint and flat roof elements cannot exceed the height limit by more than 14.4 inches. In this case, ridge point is compliant with the height limit, the roof midpoints ranged from 2.25 to 9.5 inches over the height limit, and the flat roof element was 11 inches over the height limit. Therefore, no portion of the structure on the property that is being constructed at 2508 W. Ocean Front exceeds by more that 5% the height permitted by the Zoning Code, and the structure in all other respects complies with the provisions of Titles 15 and 20 of the Newport Beach Municipal Code. Conditions: 1. The project at 2508 W. Ocean Front shall proceed to completion in compliance with the building plans and all plan revisions approved by the Building and Planning Department. 2. Final inspection and sign off of the building permit shall not occur until a covenant is recorded as set forth in Section 3 of Ordinance 2003 -16, and Ordinance 2003 -16 becomes effective. • 3. Approval of this special circumstance variance shall not be effective until the effective date of Ordinance 2003 -16. PATRICIA L. TEMPLE, Planning Director i� F: \USERS \PLN\.SHARED \PA'S \t - SPECIAL CIRCUMSTANCE VARIANCE \1APPR LETTER- SCV.DOC Attachments: Site Plan, Floor Plan and Elevations Applicant/Contact Person Douglas Alexander Cianfrocca 505 N. Tustin Avenue, #114 Santa Ana, CA 92705 Propertv owner. Douglas Cianfrocca 505 N. Tustin Avenue, #114 Santa Ana, CA 92705 i CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 6443229 November 21, 2003 Robin Zotovich 512 Fernleaf Avenue Corona del Mar, CA 92625 Special Circumstance Variance VS2003 -005 (PA2003 -261) APPLICATION: Special Circumstance Variance VS2003 -005 (PA2003 -261) REQUEST: Request to allow a duplex structure to exceed the maximum height limit due to the issuance of a building permit pursuant to Ordinance 2003- 16. APPLICANT: Robin Zotovich, on behalf of Robin Zotovich, property owner PROPERTY OWNER: Robin Zotovich LOCATION: 512 FERNLEAF AVENUE Ordinance 2003 -16 sets forth the criteria for the Planning Director to consider and approve a Special,, Circumstance Variance. In order to make the necessary determinations the Planning Director reviewed and considered all of the following: • The building permit plans submitted by Andrew Goetz; • The original topographic survey prepared by Ted Krull of California Surveying; • The review of the project by the Newport Beach Building Department, which determined that the project meets the criteria set forth in Section 1 of Ordinance 2003 -16; • The review of the building plans and original survey information by the Newport Beach Planning Department, which determined that the project meets the criteria of Section 2(a) of Ordinance 2003 -16; • The application and statement of justification submitted by Robin Zotovich; • The testimony received at the public hearing. Based on this information, the Planning Director took the following action: • ACTION: Approved November 20, 2003. The Planning Director approved the . application for this Special Circumstance Variance subject to the findings and conditions below. November 20, 2003 Page - 2 • Findings: 1. This property satisfies the criteria to apply for special circumstance variance established in Section 1 of Ordinance 2003 -16, as follows: (a) The property at 512 Fernleaf Avenue, Corona Del Mar California is the subject of a building permit that was issued on November 21, 2002, on the basis of an application submitted by Andrew Goetz on behalf of the property owner /developer. (b) The City determined, when the building permit application was issued, that the proposed structure fully complied with all relevant provisions of the Zoning Code based on the information submitted by Andrew Goetz on behalf of the property owner /developer. (c) The building permit application submitted by Andrew Goetz included a topographic survey that contains a forged, altered, or falsified stamp and /or signature of Ted Krull of California Surveying, a licensed surveyor, who conducted the survey. Ted Krull has confirmed that that the signature and California registration seal on the survey submitted is not his. (d) The building permit application submitted by Andrew Goetz included a • topographic survey that contained altered and /or falsified survey data including elevations that did not accurately reflect the information provided to Goetz by the person who conducted the survey. The actual survey information and grade elevations provided by California Surveying compared to the survey data provided by Andrew Goetz show increased elevations up to 19 inches. (e) The City would not have issued the building permit or determined the structure conformed to the building height limits established by the Zoning Code if the true and accurate topographic survey had been submitted with the application. (f) Construction of the project pursuant to the building permit issued on the basis of the false topographic survey has proceeded to the stage that the Building Department has inspected, and given approval for, work on the drywall. (g) The City has no evidence that the owner or developer of the property for which the building permit was issued pursuant to the application submitted by Goetz had actual knowledge of the falsification of the signature /stamp of the surveyor or the falsification or alteration of the survey data. 2. In order for a project to be below the 5% threshold contained in Ordinance 2003 -16, the roof ridge point cannot exceed the height limit by more than 17.4 inches, and the roof midpoint cannot exceed the height limit by more than 14.4 inches. In this case, • one ridge point was 2.5 inches over the height limit, and the roof midpoints ranged from 8.5 to 13.5 inches over the height limit. Therefore, no portion of the structure on the property that is being constructed at 512 Fernleaf Avenue exceeds by more that November 20, 2003 Page - 3 5% the height permitted by the Zoning Code, and the structure in all other respects • complies with the provisions of Titles 15 and 20 of the Newport Beach Municipal Code. Conditions: 1. The project at 512 Fernleaf Avenue shall proceed to completion in compliance with the building plans and all plan revisions approved by the Building and Planning Department. 2. Final inspection and sign off of the building permit shall not occur until a covenant is recorded as set forth in Section 3 of Ordinance 2003 -16, and Ordinance 2003 -16 becomes effective. 3. Approval of this special circumstance variance shall not be effective until the effective date of Ordinance 2003 -16. PATRICIA L. TEMPLE, Planning Director P131IL'I'A F:\USERS\PLN\SHARED\PA :S \1- SPECIAL CIRCUMSTANCE VARIANCE \1APPR LETTER- SCV.DOC Attachments: Site Plan, Floor Plan and Elevations Aoolicant/Contact Person Robin Zotovich 512 Femleaf Avenue Corona del Mar, CA 92625 Propertv owner: Robin Zotovich 512 Femleaf Avenue Corona del Mar, CA 92625 • E 0 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3229 November 21. 2003 James and Susan Hart 308 Avenida Cumbre Newport Beach, CA 92660 Special Circumstance Variance VS2003 -006 (PA2003 -262) APPLICATION: Special Circumstance Variance VS2003 -006 (PA2003 -262) REQUEST: Request to allow a single family dwelling structure to exceed the maximum height limit due to the issuance of a building permit pursuant to Ordinance 2003 -16. APPLICANT: James and Susan Hart, on behalf of James and Susan Hart, property owner PROPERTY OWNER: James and Susan Hart LOCATION: 202 FERNLEAF AVENUE Ordinance 2003 -16 sets forth the criteria for the Planning Director to consider and approve a Special .Circumstance Variance. In order to make the necessary determinations the Planning Director reviewed and considered all of the following: • The building permit plans submitted by Andrew Goetz; • The original topographic survey prepared by Ted Krull of California Surveying; • The review of the project by the Newport Beach Building Department, which determined that the project meets the criteria set forth in Section 1 of Ordinance 2003 -16; • The review of the building plans and original survey information by the Newport Beach Planning Department, which determined that the project meets the criteria of Section 2(b) of Ordinance 2003 -16; • The application and statement of justification submitted by James and Susan Hart; • The testimony, both written and oral, presented at the public hearing. Based on this information, the Planning Director took the following action: ACTION: Approved November 20, 2001 The Planning Director approved the application for this Special Circumstance Variance subject to the findings and conditions below. November 20, 2003 Page - 2 Findings: 1. This property satisfies the criteria to apply for special circumstance variance established in Section 1 of Ordinance 2003 -16, as follows: (a) The property at 202 Femleaf Avenue, Corona Del Mar California is the subject of a building permit that was issued on November 19, 2002, on the basis of an application submitted by Andrew Goetz on behalf of the property owner /developer. (b) The City determined, when the building permit application was issued, that the proposed structure fully complied with all relevant provisions of the Zoning Code based on the information submitted by Andrew Goetz on behalf of the property owner /developer. (c) The building permit application submitted by Andrew Goetz included a topographic survey that contains a forged, altered, or falsified stamp and /or signature of Ted Krull of California Surveying, a licensed surveyor, who conducted the survey. Ted Krull has confirmed that that the signature and California registration seal on the survey submitted is not his. (d) The building permit application submitted by Andrew Goetz included a topographic survey that contained altered and /or falsified survey data including elevations that did not accurately reflect the information provided to Goetz by the person who conducted the survey. The actual survey information and grade elevations provided by California Surveying compared to the survey data provided by Andrew Goetz show increased elevations up to 27 inches. (e) The City would not have issued the building permit or determined the structure conformed to the building height limits established by the Zoning Code if the true and accurate topographic survey had been submitted with the application. (f) Construction of the project pursuant to the building permit issued on the basis of the false topographic survey has proceed to the stage that the Building Department has inspected, and given approval for, work on the drywall and exterior lath, on July 14 and August 28, 2003. (g) The City has no evidence that the owner or developer of the property for which the building permit was issued pursuant to the application submitted by Goetz had actual knowledge of the falsification of the signature /stamp of the surveyor or the falsification or alteration of the survey data. 2. In order for a project to be below the 5% threshold contained in Ordinance 2003 -16, the roof ridge point cannot exceed the height limit by more than 17.4 inches, and the roof midpoint cannot exceed the height limit by more than 14.4 inches. The building under construction at 202 Fernleaf Avenue has been determined to exceed the City's height limits by 16 inches at the highest ridge point at the rear of the lot; by 16.75 0 November 20, 2003 Page - 3 inches at the roof midpoint shedding towards the front of the lot; by 24.25 inches at the roof midpoint shedding toward the rear of the lot; by 5 inches at the dormer roof ridge; and by 51 inches at the dormer roof midpoint. Therefore, the structure exceeds 5% of the height permitted by the Zoning Code. 3. There is a feasible alteration that can be made to the structure to cause the structure to more closely conform to the building height provisions of the Zoning Code, specifically, the removal of the third level patio cover (cabana) and restroom. This alteration does not require the removal, alteration or replacement of load- bearing walls, columns, beams or girders, except as directly related to the improvements on the third level of the building. 4. The removal of the improvements described in item 2 above can be made without alteration of the first and second levels of the building. 5. The findings for approval of this special circumstance variance set forth in Section 2 (b) of Ordinance 2003 -16 requires the completion or conditioned completion of all feasible improvements to achieve more close conformance with the building height provisions of the Zoning Code, and not compliance with the 5% limit set forth in Section 2 (a), which does not apply to this project due to the amount the project exceeds the height provision of the Zoning Code. 6. Ordinance 2003 -16 does not include any standards related to property value or other financial considerations in association with the consideration of a special circumstance variance. 7. Ordinance 2003 -16 does not include any standard regarding the preservation of the intent of the original design of the project or the desired spaces provided within the project, such as the cabana. 8. A special circumstance variance is still required for the structure, because parapet walls necessary for the safe use of the open third level roof deck exceed the height provision of the Zoning Code, and there is no feasible alteration that can be made to bring those protective railings into compliance with the City's height limit. 9. If all feasible alterations are accomplished under this permit, the structure will comply in all other respects with the provisions of Title 20 and Title 15 of the Newport Beach Municipal Code. Conditions: 1. The project at 202 Fernleaf Avenue shall proceed to completion in compliance with the building plans and all plan revisions approved by the Building and Planning Department, except as provided below: November 20, 2003 Page - 4 2. The building plans shall be revised and the structure altered to remove the third level patio cover (identified as a Cabana on the original plan) and restroom to cause the project to more closely conform to the building height provisions of the Zoning Code, to the satisfaction of the Planning Director. 3. Final inspection and sign off of the building permit shall not occur until the revised plan is constructed, a covenant is recorded as set forth in Section 3 of Ordinance 2003 -16, and Ordinance 2003 -16 becomes effective. 4. Approval of this special circumstance variance shall not be effective until the effective date of Ordinance 2003 -16. PATRICIA L. TEMPLE, Planning Director 12+; �61GICt L 1 >Yt'i &I F:\USERS\PLN\SHARED\PA'S \1- SPECIAL CIRCUMSTANCE VARIANCE \1APPR LETTER- SCV.DOC Attachments: Site Plan, Floor Plan and Elevations Applicant/Contact Person James and Susan Hart 308 Avenida Cumbre Newport Beach, CA 92660 Property owner: James and Susan Hart 308 Avenida Cumbre Newport Beach, CA 92660 E CITY OF NEWPORT BEACH SUPPLEMENTAL CITY COUNCIL STAFF REPORT 15 Agenda Item No. iK November 25, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Attorney's Office; Robert Burnham, City Attorney; 644 -3131 rbumham @city.newport- beach.ca.us SUBJECT: Adoption of an Ordinance establishing a procedure for granting a "Special Circumstance Variance ". This memo discusses an aspect of the proposed ordinance that came to light during a meeting with the property ow r r at 202 Fernleaf — the only one of the six projects under construction that qualified for a special circumstance variance but did meet the de minimus threshold (5 %). In staffs opinion, the ordinance introduced by the Council on November 12, 2003 authorized the issuance of a special circumstance variance if (a) no element of the structure exceeded the height limit by more than 5% or (b) one or more elements did exceed the height limit by more than 5% and the property owner is obligated to complete feasible improvements that would make the structure conforming or more conforming. At the conclusion of the hearing on 202 Fernleaf, the Planning Director determined that there were feasible improvements that could be made such that the structure would be more conforming to the height limits in the Zoning Code. Subsequent to the hearing, the property owner retained an architect who has, according to representations by the property owner, redesigned the structure so that all elements' exceed the height limit by 5% or less. Staff has not confirmed whether the redesign would come within the "5% rule' or whether the redesigned structure would be more or less conforming than if the alterations deemed feasible by the Planning Director are made. Staff did not present the City Council with the option of authorizing a special circumstance variance if there were feasible improvements that would make the structure conforming or more conforming but the property owner could redesign the structure to comply with the "5% rule." The, City Council could, if it chooses, reintroduce the ordinance with such a provision or, in the alternative, adopt the ordinance as introduced. Staff has not determined at this time if a third option for a special circumstance variance would be helpful to the 15 -17 property owners with completed homes processed by Goetz because those structures have not been fully evaluated for purposes of Zoning Code compliance or non - compliance. Environmental Review: Class 5 Categorical Exemption — Minor Alterations in Land Use Limitations. by: Burnham, fifty Attorney [Mal 25 03 04:14p Carolyn Solton November 25, 2003 949 - 646 -2250 Mr. Michael R. Solton 320 Kings Road Newport Beach, CA 92663 (949) 646 -4434 Mr. Mike Solton 320 Kings Road Newport Beach, Ca 92663 Dear Newport Beach City Counsel Members: p.l "RECEIVED AFTER AGENDA PRINTED." L5 I -a-5 ; 3 '03 tO 25 ''5:28 Andrew Goetz was the architect on our Newport Beach home at 320 Kings Road. My wife and I have been made aware of the allegations against Mr- Goetz and naturally are very concerned. Fortunately,: our home does comply with the legal height limit and is not infringing upon our neighbor's view. Bearing the burden of someone else's wrong doing (possible falsified documents) we believe is an unfair resolution. Both the architect and the City of Newport Beach have the responsibility to make sure the homeowners are. in compliance with city laws. Therefore, I request the ordinance be passed to absolve all homeowners, with completed Goet'z houses, of any negligence: Thank you, Mr. Mike Solton Newport Beach Homeowner \ ` .\ ' -, 311. '0: . tjff?� CORONA- Dhi, Ni.txR PIVIERA Offered at S3,;95,000 2 Year Old Ni aitcrrancati St-Of, xvith 4 Bedroom & t.f I ore,, cr N"ic,.N,s SPYGLASS HILL C T 10 N Offered at $1'89 0 .\ is . | . "! �� � 7 JUDY -1-N,()L.AR (§\§)) }(g}/§ 0 1� �fi" ., 7' � '� �( i �� �c � �`