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HomeMy WebLinkAbout1834 - APPROVE VA _78 ROYAL SAINT GEORGE ROADRESOLUTION NO. 1834 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. VA2011 -003 TO ALLOW A WALL TO EXCEED THE HEIGHT LIMIT IN A SIDE SETBACK AREA AT 78 ROYAL SAINT GEORGE ROAD (PA2011 -016) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Laurence M. Netherton, with respect to the property located at 78 Royal Saint George Road, and legally described as Lot 30 of Tract 7223 requesting approval of a variance. 2. The applicant proposes a variance to allow a wall, up to 5 feet2- inches in height, as measured from existing grade, to be constructed within the 10 -foot "streetside" side setback where the maximum height for walls, fences and hedges is limited to three (3) feet. 3. The subject property is located within the Big Canyon Planned Community (PC -8) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on February 17, 2011, 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 Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The exemption includes the addition of accessory structures to an existing structure. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.090.E of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: Planning Commission Resolution No. 1834 Paqe 2 of 6 A. That there are special or unique circumstances or conditions applicable to the subject property (e.g. location, shape, size, surrounding, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: A -1. The subject property is a 10,787- square -foot lot located within the Area 12 (Low Density Residential) of the Big Canyon Planned Community District. A -2. The subject property is triangular in shape with a rounded corner, which is different from interior and other corner lots in the vicinity. A -3. The lot configuration limits the amount of private outdoor space on the subject property. Finding: B. That strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. Facts in Support of Finding: B -1. Strict compliance with the Big Canyon Planned Community District Regulations' 3 foot height limit for fences, hedges, and walls and the 10 -foot streetside setback would significantly limit the usability of the limited outdoor space on the subject property. B -2. Significantly limiting the usability of the limited outdoor space on the subject property would deny the property owner of privileges enjoyed by other properties in the vicinity and under Big Canyon Planned Community District. Finding: C. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Finding: C -1. The granting of the Variance would allow the construction of a privacy wall in a location and of a height sufficient to allow the property enjoyment of the limited outdoor space on the subject property. Finding: Tmpll: 04/14/10 Planning Commission Resolution No. 1834 Page 3 of 6 D. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. Facts in Support of Finding: D -1. The granting of the Variance would not constitute a special privilege inconsistent with the limitations upon other properties in the Big Canyon Planned Community as it allows the property owner to maintain parity with the usable outdoor space enjoyed by nearby properties. E. That the granting of the Variance will not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. Facts in Support of Findinq: E -1. The proposed design and location of the wall does not interfere with the provision of safe sight distances. E -2. The proposed wall will feature pilasters and decorative caps and will be treated with stucco to match the exterior of the dwelling unit, which will be compatible with the existing development in the Big Canyon Planned Community. F. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable specific plan. Facts in Support of Finding: F -1. The Land Use Element of the General Plan designates the subject property Single - Unit Residential Detached (RS -D). The RS -D land use designation is intended to provide for a range of detached single - family residential dwelling units on a single legal lot. F -2. The subject property is located within the Area 12 of the Big Canyon Planned Community District, which is intended for low density residential development. F -3. The subject property is not located within a specific plan area. F -4. The granting of the Variance would allow the construction of accessory structure to an existing single -unit detached dwelling unit, which is consistent with the RS -D land use designation and Area 12 of the Big Canyon Planned Community District. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: Tmplt: 04/14/10 Planning Commission Resolution No. 1834 Pape 4 of 6 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2011 -003, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen 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 17th DAY OF FEBRUARY, 2011. AYES: Eaton, Unsworth, Hawkins, and Toerge NOES: None RECUSED: McDaniel ABSENT: Ameri EXCUSED: Hillgren BY: QX a W • 19 � Charles Unsworth, Vice - Chairman BY: Mic oerge, ecretary Tmplt: 04/14/10 Planning Commission Resolution No. 1834 Page 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Variance No. VA2011 -003 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 6. This Variance may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 7. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 8. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Netherton Residence including, but not limited to, the Variance No. VA2011 -003. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or Tmpit: 04/14/10 Planning Commission Resolution No. 1834 Paqe 6 of 6 proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. The applicant is required to obtain all applicable permits from the Building Division of the Community Development Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. Tmplt: 04/14/10