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HomeMy WebLinkAbout1868 - APPROVE VA _138 VIA XANTHERESOLUTION NO. 1868 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. VA2011 -010 TO ALLOW A SECOND STORY ADDITION TO AN EXISTING SINGLE FAMILY HOME TO ENCROACH 1 FOOT WITHIN BOTH REQUIRED 4 FOOT SIDE YARD SETBACKS AT 138 VIA XANTHE (PA2011 -207) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Paul and Bailey Weinberg, with respect to the property located at 138 Via Xanthe, and legally described legally described as Lot 376 and the Northeasterly 15 feet of Lot 375 of Tract No. 907 requesting approval of a Variance No. VA2011 -010. 2. The applicant proposes a variance to allow the construction of a second story addition to encroach 1 foot within both 4 -foot side setbacks areas. The existing single -story residence is legal nonconforming as it is currently developed with a 3 -foot side yard setback areas where the minimum required side setback is 4 feet. 3. The Land Use Element of the General Plan designates the site RS -D (Single -Unit Residential, Detached) and allows detached single family dwellings. 4. The Coastal Land Use Plan categorizes the subject property as RSD -C (Single Unit Residential Detached - 10.0 - 19.9 DU /AC) and allows detached single family dwellings. 5. The property is zoned R -1 (Single Unit Residential), which provides for single - family residential uses. 6. A public hearing was held on February 9, 2012, 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 accommodates additions to existing structures that are less than 50% of the existing building provided there is no expansion of use. The proposed addition is approximately 33% of the existing residence and the residential density remains unchanged. Planning Commission Resolution No. 1868 Page 2 of 7 SECTION 3. 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: 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 existing lot is 50 feet in width and the current zoning code requires 4 -foot side yard setback areas. The lot was permitted to be developed with a single family residence with 3 -foot side yards in 1950, and the structure is considered legal, nonconforming. Finding: B. Th at strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and wider an identical zoning classification. Facts in Support of Finding: B -1. Strict application of the setback standard would not allow the exterior wall of the proposed addition to be supported by the existing building wall and foundation directly below. From a structural standpoint, additional framing and foundation elements would be necessary to properly support the addition as proposed. Alternatively, the walls and foundation below would need to be completely reconstructed or replaced, which is a significant departure from the desired scope of construction. Strict compliance with the side setback standard given the unique circumstances identified in the facts that support the Finding A above significantly limits the ability of the property owner to create a two -story home thereby depriving a substantial property right afforded by other R -1 lots on Lido Isle. Finding: C. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Planning Commission Resolution No. 1868 Paqe 3 of 7 Facts in Support of Finding: C -1. The project site is designated for single family residential use by the General Plan and the Zoning Ordinance. Two -story construction is allowed on any R -1 designated property by the Zoning Ordinance and approval of the Variance is necessary to preserve that right without the significant added construction it would take to comply with the setback standard. Finding: 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 Zoned R -1 as it allows the property owner to maintain parity with the development of other lots in the vicinity. D -2. The granting of the Variance does not relieve the requirement to obtain required Building Permits and any corrective work deemed necessary by the Building Official. Finding: 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 Finding: E -1. The abutting properties are developed with a single and two -story residences and the proposed addition does not have windows that directly face the homes on either side, and therefore, privacy will not be compromised. E -2 The proposed addition is approximately 21 feet high at its highest point (at the rear setback line) and approximately 17 feet high at the lowest point. These heights are well below the 24 -foot height limit and as a result, the design does not significantly affect air and solar access. E -3.. The overall design, based upon the approved plans, meets residential design criteria provided within Section 20.48.180, Subsection B.2. by avoiding long unarticulated walls, providing second floor set back from the street, and providing architectural treatment of all elevations. Planning Commission Resolution No. 1868 Page 4 of 7 E -4 The approval of this Variance is conditioned such that the applicant is required to obtain all necessary permits in accordance with the Building Code and other applicable Codes. Finding: 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 principal purpose of setback standards is to provide adequate separation of buildings for light, access and ventilation. The existing building provides 3 -foot setbacks to both side property lines and approval of the Variance will not diminish this setback area as the addition is on the second floor. Abutting residences also provide 3 -foot side yard setback areas to the common lot lines, therefore, there will be 6 feet separating the project and abutting buildings. Adequate separation of the proposed addition from these adjoining properties will be maintained consistent with the intent of the Zoning Code. F -2. The subject property is designated by the Land Use Element of the General Plan RS- D (Single -Unit Residential, Detached) and allows detached single family dwellings. Approval of the Variance will not affect density or intensity of uses. F -3. The subject property is zoned R -1, which provides single - family residential uses and approval of the Variance will not affect density or intensity of uses. F -4. The subject property is not located within a specific plan area. Finding: 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2011 -010, 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. Planning Commission Resolution No. 1868 Paae 5 of 7 PASSED, APPROVED AND ADOPTED THIS 9TH DAY OF FEBRUARY, 2012 AYES: Ameri, Hillgren, Myers, Toerge, and Tucker NOES: None. ABSTAIN: None. ABSENT: Kramer BY: Mic oerg6 Chairman ffis Fred Planning Commission Resolution No. 1868 Paae 6 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING 1. 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 -010 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. Deleted 5. Deleted 6. 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. 7. 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 Weinberg Variance including, but not limited to, the Variance No. VA2011 -010. 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 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. Building 8. The property is located in a liquefaction area and a geotechnical investigation is required. The foundation may he designed in accordance with the Building Division's minimum mitigation design standards. Planning Commission Resolution No. 1868 Paqe 7 of 7 9. 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 California Building Code. Public Works 10. All existing private, non- standard improvements within the public right -of- -way and /or extensions of private, non - standard improvements into the public right -of -way fronting the development site requires an encroachment agreement. Planters, stone pavement within the driveway and the stone paved entry are considered non standard improvements. 11. No permanent structures shall be permitted within the existing 4 -foot wide public utilities easement along Via Xanthe. 12. An encroachment permit is required for all work activities within the public right -of -way. 13. Install a sewer cleanout on the existing sewer lateral per Standard Drawing STD - 406 -1. 14. All on -site drainage shall comply with the latest City Water Quality requirements. 15. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 16. All improvements shall be constructed as required per ordinance and the Public Works Department.