CITY OF LAGUNA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DESIGN REVIEW BOARD IBOARD OF ADJUSTMENT Coast Highway APN

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1 CITY OF LAGUNA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT HEARING DATE: October 13,2011 TO: DESIGN REVIEW BOARD IBOARD OF ADJUSTMENT CASE: Variance 7717 Design Review Coastal Development Permit APPLICANT: LOCATION: ENVIRONMENTAL STATUS: PREPARED BY: MSA Architects APN In accordance with the California Environmental Quality Act (CEQA) guidelines, the project is categorically exempt pursuant to Section 15303, Class 3(e) (New Construction) that allows construction of accessory (appurtenant) structures including patios and swimming pools. Belinda Ann Riva, Planning Technician REQUESTED ACTION: The applicant requests design review and a coastal development permit to construct a 66 square-foot pool storage area to an existing fourplex in the R-1 zone. Design review is required for elevated decks (263 square feet), grading, retaining walls, stringline violation, pool, landscaping and development in an environmentally sensitive area due to oceanfront location and water quality. A variance is required for new construction where a nonconforming density exists [LBMC ]. BACKGROUND: The 44,206 square-foot property is an oceanfront lot located on the west side of Coast Highway. The subject site is zoned R-1 (Residential Low Density) with a General Plan land use designation of Village Low Density. The property consists of a relatively large parcel with an average lot slope of 44 percent including an oceanfront bluff. At present, the property is improved with three detached structures identified as Cottage A, Band E respectively. Cottage A includes one residential unit and a two-car garage below, while Cottage B consists of a twostory structure with two separate units on each level. No original building permits exist on file since these two structures were built under County of Orange jurisdiction. Cottage E is a singlefamily residence built along the oceanfront bluff that was constructed in 1989 with approval of Variance 4617 to exceed maximum allowable building envelope, exceed maximum building height and encroach into the bluff top setback. STAFF ANALYSIS: The applicant proposes to construct new storage area, an elevated deck and pool centrally located on the lot. Plans also include new entry gates and landscaping.

2 VA.. 17IDR /CDP October 13, 2011 Page 2 Access: The site gains direct vehicular access from Coast Highway and the existing vehicular entry gate will be reconstructed with decorative wood doors, stone veneer and hardscape. Pedestrian gate and stairs are proposed as shown on Sheet L-7. The location of the entry gate allows cars to pull off of Coast Highway before driving through the gate. Design Articulation: The location of the elevated deck and cabana area utilizes the existing natural contours of the site to minimize the mass and scale of the pool area. Retaining walls associated with the new pool area have been articulated with design elements such as stone veneer and wall offsets depicted on Sheet L-3 of the pool elevation. Design Integrity: Proposed pool area and entry improvements appear consistent with recent renovations to the existing structures. As suggested by the design review guidelines, the swimming pool should appear subordinate to the primary structure with use of materials, textures and details that contribute to visual interest. Environmental Context: The site is located in an environmentally sensitive area due to water quality and oceanfront proximity. The Board should evaluate the impact and location of the swimming pool with respect to minimizing alteration of the site's significant environmental features. Landscape/Hardscape: The applicant proposes a new landscaping plan relative to the pool, deck and hardscape improvements. The City's landscape consultant indicated that the boundaries of shrub and groundcover massing are not clear and proposals for new planting and for preservation of existing planting toward the bluff and slope area adjacent to the lower building are unclear. In addition, the plan does not propose any native species while some existing and proposed material could exceed hedge height restrictions. The Arbutus unedo and Metrosideros excelsa located in the front setback could exceed hedge height restrictions. Total impervious surface area has increased from 20.2 percent to 27.5 percent. Lighting and Glare: Exterior lighting plans have been submitted for the pool area and entry gates shown on Sheets L-5 and L-6. The number and types of fixtures have been illustrated on the plans. Neighborhood Compatibility: Landscape and hardscape design should be designed to complement the neighborhood's character and scale. The subject site maintains mature landscaping and the proposed site improvements appear in keeping with the immediate area. Privacy: The location of the new outdoor living area with a pool and cabana do not impact existing adjacent structures. No other privacy issues have been identified. Swimming Pools, Spas, Water Features and Mechanical Equipment: The property maintains an existing spa adjacent to Cottage E. The applicant proposes to construct a new infinity edge pool with all associated mechanical equipment located in a vault. The pool maintains an 11'-3" setback from the south property line.

3 VA.. 17IDR /CDP October 13, 2011 Page 3 View Equity: The proposed improvements occur within the center of lot, with elevated decks in conformance with the deck stringline. No view equity issues have been identified. Guideline Violations: Pursuant to 2S.S0.004(B)(4)(b)(ii), the Design Review Board may determine that the string line is significantly more restrictive than the 2S-foot bluff setback and modify the required building setback, provided that unique conditions relating to landform, lot orientation or excessive building setbacks prevent or restrict residential development. Construction of the new storage area encroaches beyond the building stringline for the site. Nonconforming Conditions: Any nonconforming conditions are not subject to design review. Requested Variances: The applicant requests approval of Variance 7717 to allow new construction where nonconforming density exists [LBMC 2S.S6.012]. The Design Review Board must make all of the following findings in order to support the granting of a variance: 1. There are special circumstances applicable to the property involved, including size, shape, topography, location or surroundings which cause the strict application of the zoning ordinance to deprive such property ofprivileges enjoyed by other property in the vicinity and under identical zoning classification. There are no special circumstances applicable to the property, including shape, topography and location, which cause the strict application of the zoning ordinance to deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The lot is characterized with a relatively long and wide shape (average lot dimensions lis ' x 373') including an oceanfront bluff along the west side of the property. The site conforms to all minimum lot standards as defined for the R 1 zone and the location of the bluff does not restrict the allowable building area. However, the size of the lot is approximately 1.01 acres, which makes the large site unusual in comparison to neighboring properties. Though the current zoning ordinance allows for one single family residence and a second residential unit, the applicant suggests that the existing development is unique in that it was constructed under County regulations and the proposed improvements do not result in an intensification of the use as an existing fourplex. 2. Such variance is necessary for the preservation and enjoyment ofa substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same vicinity and zone. Variance 7717 may be necessary for the preservation of a substantial property right of the applicant, which right possessed by other property owners under like conditions in the same vicinity and zone. As such, the variance shall not constitute a grant of special privilege consistent with the limitation upon other properties in the vicinity and zone in which the property is located in that the approval of a swimming pool, detached storage area and elevated deck are uses incidental to the primary residential use at the site. The

4 VA.. 17IDR /CDP October 13,2011 Page 4 variance is required for any new construction since legal nonconforming density exists at the site. The property located at Coast Highway, which is in the vicinity and same zoning classification, consists of a single-family dwelling, guest quarters and caretaker's quarters that are considered legal, nonconforming due to density and the site includes a swimming pool and storage space permitted in the R-l zone. 3. The granting of the variance will not be detrimental to the public health, safety, convenience and welfare or injurious to property or improvements in the vicinity in which the property is located. The granting of Variance 7717 may not be materially detrimental to the public health, safety, convenience and welfare or injurious to property or improvements in the vicinity thereof in that the proposed improvements of ancillary uses are consistent with other recently developed residential projects in the immediate vicinity. The pool, deck and storage room do not appear to have adverse visual or safety impacts upon adjacent properties. 4. The granting of such a variance will not be contrary to the objectives of the zoning ordinance or the general plan. Variance 7717 may not be granted for a parcel or property contrary to the objectives of the zoning ordinance or the general plan since the provisions of the Laguna Beach Municipal Code Chapter 25.56, Nonconforming Buildings, Lots and Uses, have been established to define processing of future development in conjunction with legal, nonconforming conditions. A variance would not be required if the property eliminated two units, maintained an existing single-family residence and designated one unit as a second residential unit. However, the new improvements are compliant with all applicable zoning code sections relative to the development standards of the R-1 zone. In addition, the City's Land Use Element Appendix A discusses how the zoning patterns reflect the evolution of land uses within the South Laguna community. The element explains that large individually-owned parcels in South Laguna developed around the 1900s required little or no jurisdictional regulations, which contributes to the discrepancy in land use patterns that do not conform to existing uses. COASTAL DEVELOPMENT PERMIT: The proposed project constitutes development for which a Coastal Development Permit is required since the improvements result in improvements that would encroach within fifty feet of a coastal bluff edge [ (A)(2)). The City's determination may be appealable to the California Coastal Commission. The Design Review Board must find that: Finding 1: The project is in conformity with all the applicable provisions of the General Plan, including the Certified Local Coastal Program and any applicable specific plans in that the environmentally sensitive areas have been protective because the development is limited to previously altered areas thereby preserving the majority of the existing natural vegetation (1 A);

5 VA.. 17IDR /CDP October 13, 2011 PageS Finding 2: Any development located between the sea and the first public road paralleling the sea is in conformity with the certified local coastal program and with the public access and public recreation policies of Chapter 3 of the Coastal Act in that vertical and lateral access exists to and along this portion of the coast and the proposed development will not create any adverse impacts to this access; therefore, no clear nexus can be demonstrated in this case for a public access dedication (2B); and Finding 3: The proposed development will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act in that the proposed project is in compliance with the applicable rules and regulations set forth in the Municipal Code and will not cause any significant adverse impacts on the environment (3A). COMMUNITY INTEREST: Staff has not received any letters or telephone calls as of the date of this report. IDENTIFIED ISSUES: Variance findings, stringline violation ATTACHMENTS: Project Summary Tables Vicinity Map Aerial Photo Variance Application

6 ZONING STANDAR[ DESCRIPTION REQUIRED/ALLOWED EXISTING USE SFD SFD ZONE R-1 R-1 LOT AREA 44,206 SF 44,206 SF NET LOT AREA 40,990 SF 40,990 SF LOT WIDTH 115.4' 115.4' LOT DEPTH ' ' LOT SLOPE 44% 44% MAX. BUILDING HT ' (15' ABV. CURB) MAX. HT. ABV. GRADE 30' SETBACKS: FRONT YARD 10' 14'-1" REAR YARD SIDE YARD LOT COVERAGE 25' BLUFFTOP SB 23.08' COMB. (4' MIN.) 35% (14,346.5 SF) 4'-5" 10'-0" (N. SIDE) 2'-6" (S. SIDE) 6.78% (2,780.4 SF) ) "

7 , PROJECT DATA SITE WORK DESCRIPTION IEXISTING I PROPOSED I TOTAL GRADING ~@tu~~ SfRSJg~StE T DECK 10 SF T263 SF I 263 SF CUT 300 CY 25 CY 325 FILL 55 CY o CY 55 ( STORAGE 10 SF 66SF I 66 SF NET EXPORT 245 CY 25 CY IMPEP"IOI )S-/PE RVIOUS EXISTING PROPOSE[ SCOPE OF WORK SURfACES SQUARE FOOTAGE I % OF LOT AREA SQUARE FOOTAGE I % HARDSCAPE & LANDSCAPE IMPROVEMENTS. 2. NEW ENTRY GATES & FENCE. STRUCTURES 2, SF / 6.94% 2, SF / 7 3. POOL ADDITION. HARDSCAPE 'PER SITE MEETING WITH BUILDING OFFICIAL, PROVIDE SONARGUARD (INCL. DRIVEWAY) 5, SF / 13.30% 8, SF / 2' POOL SECURITY SYSTEM. LANDSCAPE AREA 32,693.6 SF / 79.76% 29,730.6 SF / 7: UNITS A, B & E UNDER SEPARATE PERMIT. TOTAL 40,990.0 SF / 100% 40,990.0 SF / 11 HABITABLE GARAGE DECK STORAGE / MECHI COTTAGE A 750 SF 543 SF o SF 22 SF, COTTAGE BLOWER 1062 SF osf o SF osf COTTAGE B UPPER 1052 SF o SF osf o SF COTTAGE E 968 SF osf 429 SF 25 SF ~ ~ ~ I ~ ~~,

8 - Vicinity Map 98 City of Laguna Beach Data layers that appear on this map mayor may not be accurate, current, or otherwise reliable.

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