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HomeMy WebLinkAbout1680 - APPROVE VA AND MD_3809 CHANNEL PLACE.RESOLUTION NO. 1680 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2004 -004 AND MODIFICATION PERMIT NO. 2004 -090 FOR THE PROPERTY LOCATED AT 3809 CHANNEL PLACE (PA2004 -274). WHEREAS, an application was filed by John Walter Velardo with respect to property located at 3809 Channel Place (PA2004 -274) and legally described as a portion of Lot 2, Block 538 of the Canal Section, requesting approval of Variance to to allow construction of a single family residence that would exceed the applicable floor area limit and Modification Permit to allow encroachments of the proposed single family residence into the front and rear yard setbacks. WHEREAS, a public hearing was first held on November 3, 2005 at 6:30 P.M. in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at the meeting. WHEREAS, the Planning Commission finds as follows: 1. 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 generally apply to land, buildings and /or uses in the same district. The orientation and size of the lot is not typical of the other lots in the area and the strict application of the setback standards provides no buildable area and therefore would preclude any redevelopment of the lot. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. Without the granting of the variance to increase the permitted floor area, the property owner could not construct a residence on the nonconforming property, which is designated for residential use. 3. 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 proposed project will result in a structure that is similar to and consistent with the development regulations permitted on other lots in the area. The requested gross floor area of approximately 988 square feet is below the floor to land area ratio allowed in the vicinity. Therefore, the granting of the variance to the floor area does not grant a special privilege to the property owner not enjoyed by other property owners in the vicinity. 4. 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 Resolution No. 165 Page 2 of 5 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. Project approval results in a structure that is similar to surrounding dwellings with respect to size, bulk and design and the project provides over 3,500 cubic feet of open space within the reasonable identified setbacks consistent with the legislative intent of the Zoning Code. Granting the request for the establishment of the floor area of 988 square feet and deviation from open space standards will not be detrimental to the surrounding neighborhood. 5. 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 design of the project has front yard setbacks that vary from 1 foot to approximately 6 feet. Similar front and side yard setbacks presently exist along Channel Place and smaller nonconforming setbacks exist in the area. The portion of the building that encroaches to 1 foot from the front property line is small in area. The varying setback dimensions of the site provide some relief and articulation along Channel Place. Two landscape planters totaling approximately 90 square feet in area within the front yard will assist in softening the frontage of the lot. The existing garage currently provides a 3 -foot setback to the east and no setback to the south and the project increases the southerly setback to 3 feet. The 3 -foot setback for both side yards is similar to other side yards required for other lots in the area. The separation between the proposed building and the neighbor to the south will be 6 feet and the separation to the east will be 15 feet to living space and 6 feet to the corner of the neighbor's garage. The 3 -foot setback to the south also observes the utility easement that is to the benefit of the abutting property to the east. The height of the proposed residence is 21 feet, 8 inches to the ridge which is well below the maximum of 29 feet. The suggested 3 -foot setbacks in conjunction with the height of the proposed structure will provide sufficient light, open space and separation between the abutting properties such that no detriment is generated. 6. The design of the proposed improvements, as conditioned, will not conflict with any easements acquired by the public at large for access through, or use of, the property by the Public. 7. Public improvements in the form of modifying or replacing the existing driveway approach on Channel Place with a standard drive approach, curb, gutter and sidewalks, is required of the developer pursuant to Section 20.1.040 of the Municipal Code. Resolution No. lbso Page 3 of 5 The proposed project qualifies for a Categorical Exemption pursuant to Section 15303 of the Implementing Guidelines of the California Environmental Quality Act. This exemption allows the construction of limited new structures including a single - family residence in an area designated for such use where the development does not significantly impact environmental resources. The site is presently developed with a single - family residence and is devoid of any significant environmental resources. NOW, THEREFORE, BE IT RESOLVED Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Variance No. 2004 -004 and Modification Permit No. 2004 -090, subject to the Conditions set forth in Exhibit 1. Section 2. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF NOVEMBER, 2005. AYES: Cole, Toerge. Tucker and Henn NOES: Eaton. McDaniel and Hawkins ABSENT: None BY: fz��'.. Micha hoer , hairman Resolution No. i v" Page 4 of 5 Exhibit 1 CONDITIONS OF APPROVAL Variance No. 2004 -004 & Modification Permit No. 2004 -090 1. The development shall be in substantial conformance with the approved plot plan, floor plans and elevations dated December 1, 2004. No further building encroachment within setbacks or increase in structure height shall be allowed without an amendment to this application. 2. Variance No. 2004 -004 and Modification Permit No. 2004 -090 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. 4. An Encroachment Permit shall be required for all work to be performed within the public right of way. All public improvements shall be constructed as required by Ordinance and the Public Works Department. 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. 5. 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. 6. The structure shall not exceed a maximum of 988 gross square feet. 7. The garage shall remain clear of obstructions and remain available for the parking of operable, registered vehicles at all times. The interior dimensions of the garage spaces shall conform to the Zoning Code. 8. Prior to the issuance of building permits, the applicant shall obtain approval from the California Coastal Commission for the demolition of the existing structure and the construction of the new residence. 9. The landscape planters shown on the site plan shall be provided and shall be planted and maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Resolution No. 16go Page 5 of 5 10. The existing sewer and water lateral that serve the abutting property (3801 Channel Place) shall be inspected and replaced if necessary in the opinion of the Building, Utilities or Public Works Departments. 11. All utility connections to the proposed structure shall be underground. 12. The utility easement and access easement described within the legal description of the real property shall be reserved and maintained for the benefit of the easterly portion of said Lot 2 of Block 538 of the Canal Section.