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HomeMy WebLinkAbout1571 - APPROVE VA AND MD_3210 SEAVIEW AVERESOLUTION NO. 1571 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2002 -004 AND MODIFICATION PERMIT NO. 2002 -055 FOR PROPERTY LOCATED AT 3210 SEAVIEW AVENUE (PA2002- 088) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Andrew Goetz, agent for the property owner, Candace Poag, with respect to property located at 3210 Seaview Avenue and described as Lot 22 in Block 238 of Corona del Mar Tract, requesting approval of Variance No. 2002 -004 to establish a floor area of 1,857 square feet, and Modification Permit No. 2002 -055 to permit reduced yard setbacks and reduced carport dimensions in order to construct a new single - family dwelling within Corona del Mar. Section 2. A public hearing was held on August 22, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: a) That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district. The lot location and size are atypical of the other lots in the area and the strict application of the setback standards would reduce the buildable area to zero, thereby rendering the site undevelopable. b) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. With the granting of the Variance to establish the floor area the lot would be rendered undevelopable in that the front and rear setbacks would result in a zero buildable area for construction. c) That the granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. The project as proposed by the applicant will result in a structure that is similar to and consistent with other dwellings in the area in both size and bulk. Planning Commission Resolution No. 1571 Page 2 of 5 d) That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. The property is designated for two family residential use and the granting of the Variance would not increase the density beyond what is planned for the area thereby avoiding additional traffic, parking or demand for other services. Granting the request for the establishment of floor area of 1,656 square feet will not be detrimental to the surrounding neighborhood and will result in a structure that is similar to surrounding dwellings with respect to size, bulk and design. e) The establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of this code for the following reasons: • The setbacks as proposed would result in the development of the site to be similar to other properties and will result in a structure that is similar to and compatible with other residential structures in the area. • The required 20 -foot front setback and 10 -foot rear setback would result in a parcel with zero buildable area remaining. f) The request to reduce the width of the carport is not justified and would be detrimental to the surrounding area in that there is room to provide the required parking space dimensions by making minor revisions to the plans, and in that the alley providing access to the parking spaces is only 14 feet in width and full parking space dimensions are required to accommodate vehicular access. g) The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed development. h) That public improvements may be required of the developer pursuant to Section 20.1.040 of the Municipal Code. i) The proposed project has been determined to be Categorically Exempt under Class 3 (Construction of a single - family residence in a residential zone). Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Variance No. 2002 -004 and Modification Permit No. 2002 -055, with the exception that the portion of the Modification Permit relating to minimum parking space dimensions is denied, and subject to the Conditions set forth in Exhibit "A." Planning Commission Resolution No. 1571 Page 3 of 5 Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF AUGUST, 2002. AYES: McDaniel, Kiser. Gifford and Selich NOES: Ag_ajanian and Tucker BY: I ser, Chairman Secretary Planning Commission Resolution No. 1571 Paee 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL Variance No. 2002 -004 & Modification Permit No. 2002 -055 The development shall be in substantial conformance with the approved plot plan, floor plan, elevations and preliminary grading plan dated July 20, 2002, with the exception that the plans shall be revised in a manner that will allow minimum interior carport dimensions of 18 feet in depth by 17.5 feet in width. Additionally, the plans shall be revised such that the total gross floor area as calculated pursuant to the Zoning Code shall not exceed 1,857 square feet. 2. Variance No. 2002 -004 and Modification Permit No. 2002 -055 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent City - adopted version of the Uniform Building Code. 5. All improvements shall be constructed as required by Ordinance and the Public Works Department. 6. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, additional street trees shall be provided and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department. 7. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 8. All vehicular access to the property shall be from the alley unless otherwise approved by the City Council. The existing curb cut along Seaview Avenue shall be replaced with full curb, gutter and sidewalk, and landscaping installed to the approval of the Public Works Department. All work shall be completed under an encroachment permit issued by the Public Works Department. 9. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. The carport shall be redesigned to have a maximum clear opening for each door of eight feet, or a minimum clear opening of sixteen feet if a double opening is used. The carport floor must be located a minimum of six inches above the alley flow line grade. 10. Applicant shall obtain a Certificate of Compliance prior to the issuance of a Building Permit. Planning Commission Resolution No. 1571 Page 5 of 5 11. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements.