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HomeMy WebLinkAbout1894 - APPROVE VA _ 201 SAPPHIRE AVENUERESOLUTION NO. 1894 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. VA2012 -004 FOR AN ENCROACHMENT INTO THE REAR SETBACK AND AN INCREASE IN ALLOWED FLOOR AREA ASSOCIATED WITH THE CONSTRUCTION OF A NEW SINGLE - UNIT DWELLING LOCATED AT 201 SAPPHIRE AVENUE (PA2012 -108) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1, STATEMENT OF FACTS. 1. An application was filed by Ian Harrison, with respect to property located at 201 Sapphire Avenue, and legally described as a portion of Lot 1, Block 9, Section 2 of Balboa Island requesting approval of a variance. 2. The applicant is proposing to demolish an existing single -unit dwelling and construct a new single -unit dwelling and two -car garage on a sub - standard size lot. The applicant is requesting a variance to encroach 7 feet into the required 10 -foot rear setback and to exceed the maximum permitted floor area limitation for the property (1,100 square feet) by an additional 340 square feet. 3. The subject property is located within the Two -Unit Residential, Balboa Island (R -BI) Zoning District and the General Plan Land Use Element category is Two -Unit Residential (RT). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two -Unit Residential (RT -E). 5. A public hearing was held on September 20, 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. 1. This project has been determined to be categorically exempt under Section 15302, of the California Environmental Quality Act (CEQA) Guidelines - Class 2 (Replacement or Reconstruction), which allows for the reconstruction of existing structures where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. In this case, an existing single -unit dwelling would be demolished and a new single -unit dwelling would be reconstructed on the same site. Planning Commission Resolution No. 1894 Page 2 of 7 2. This project has also been determined to be categorically exempt under Section 15303, of the CEQA Guidelines - Class 3 (New Construction or Conversion of Small Structures), which allows for the construction of up to three single -unit dwellings in a residential zone, in urbanized areas. SECTION 3. REQUIRED FINDINGS. The proposed project exceeds the maximum allowable floor area limit for the property and encroaches 7 feet into the required 10 -foot rear setback. In accordance with Section 20.52.090 of the Newport Beach Municipal Code, the following findings for approval of a variance and facts in support of such findings are set forth: Finding: A. There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, 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. Standard size lots in Balboa Island maintain alley access and are subject to a 5 -foot rear alley setback. In this case, the subject property is sub - standard in size and lacks alley access as a result of a prior re- subdivision of a standard size lot. A -2. The lot measures 30 feet in width and 45 feet in length, and totals 1,350 square feet in area. A -3. The surrounding standard size lots in Balboa Island measure 30 feet wide by 85 feet deep and total 2,550 square feet in area. Finding: B. 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. Applying standard setbacks to the subject property results in a smaller percent of allowed buildable area, which results in a lower floor area ratio (FAR) than other typical lots on Balboa Island. Additionally, the rear property line is not adjacent to an alley as most typical lots are within the vicinity and throughout Balboa Island; therefore, the required rear yard setback is 10 feet instead of the typical 5 -foot alley setback. This is an unusually large setback for not only the subject property, but for a Tmpit: 0 511 612 01 2 Planning Commission Resolution No. 1894 Page 3 of 7 typical lot within the vicinity and for Balboa Island. Strict application of these default setbacks on this small lot results in a buildable area that is only 45- percent of the total lot area; the buildable area of the larger, typical lot equates to 77- percent of the total lot area. B -2. Strict application of the Zoning Code requirement of the 1.5 floor area limit to the subject site allows a maximum of 900 gross square feet (excluding the additional 200 - square -foot allowance), which results in a floor area to land area ratio (FAR) of 0.67. The allowed FAR of a typical lot within the vicinity is 0.99. B -3. The lack of alley access results in a 10 -foot rear setback that is intended for larger -sized lots and is not required for the typical lot throughout Balboa Island. Application of a 10- foot rear setback and 10 -foot front setback would equate to approximately 44.4 - percent of the lot depth. In comparison, application of the standard 10 -foot front setback and 5- foot rear alley setback on the typical 85 -foot deep lot in the vicinity would equate to only 17.6 - percent of the lot depth. Finding: C. 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 requested variance to exceed the 1.5 floor area limit with a single -unit dwelling that has a gross floor area of 1,240 square feet (excluding the additional 200- square- foot allowance) results in a 0.92 FAR, which is more consistent with the typical lots within the vicinity and allows the property owner the right to a dwelling with a similar FAR to other dwellings on Balboa Island. C -2. The application of the 10 -foot rear setback is unusually larger and not typical of other lots in Balboa Island and significantly limits the buildable depth of the lot. The proposed encroachment into the rear setback is reasonable in this case due to the extremely short depth of the lot and affords the property owner a more usable buildable lot depth. Finding: D. 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 proposed gross floor area of the dwelling results in a FAR of 0.92, which is less than the 0.99 FAR of typical lots in Balboa Island, ensuring that the increased floor area does not result in a special privilege not enjoyed by other property owners in this vicinity. Tmpit: 05/16/2012 Planning Commission Resolution No. 1894 Paae 4 of 7 D -2. The proposed 3 -foot rear setback does not result in a special privilege in that is consistent with the standard 3 -foot side yard setback on the abutting property and other dwellings in the area that maintain 3 -foot side yard setbacks between structures. Finding: E. Granting of the Variance will not be the City, or endanger, jeopardize, convenience, health, interest, safety, the neighborhood. Facts in Support of Finding: detrimental to the harmonious and orderly growth of or otherwise constitute a hazard to the public or general welfare of persons residing or working in E -1. The proposed dwelling would provide adequate setbacks consist with the neighborhood pattern of development and would ensure the protection of air, light, and separation that exists with other properties in the vicinity. E -2. The size of the proposed dwelling is in proportion to the other dwellings within the immediate neighborhood and throughout Balboa Island. E -3. The design of the structure includes articulation and modulation through the use of several balconies and building offsets to minimize bulk and enhance the aesthetics of the structure. 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 intent of a rear setback is to provide adequate separation for light, air, and usable outdoor living space adjacent to other residential properties. However, in Balboa Island, most properties abut an alley in the rear and do not have usable rear yards, but instead utilize their front yards for outdoor living space. The proposed 3 -foot rear setback is consistent with the standard 3 -foot side yard setback on the abutting property and other dwellings in the area that maintain 3 -foot side yard setbacks between structures. Additionally, the proposed design maintains the required 10 -foot front setback providing for usable outdoor living space consist with the other properties in the vicinity. F -2. The intent of floor area limits (FAL) is to ensure each residential structure can construct a reasonable size dwelling in relationship to its lot size; however, in this case, utilizing the FAL disproportionally reduces buildable area on this site due to the sub - standard lot size and larger rear setback requirement. Utilizing FAR as a more equitable development limit in this case allows for the construction of a reasonable size dwelling that remains consistent with the development of other dwellings in the vicinity. Tmplt: 05/16/2012 Planning Commission Resolution No. 1894 Page 5 of 7 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2012 -004, 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 Director of Community Development in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF SEPTEMBER, 2012. AYES: Ameri, Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSTAIN: None ABSENT: None Tmplt: 05/16/2012 Planning Commission Resolution No. 1894 Pape 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. VA2012 -004 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. Prior to issuance of building permits, approval from the California Coastal Commission shall be required. 5. 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 Division. 6. Development of the site shall be limited to a single -unit dwelling and shall not exceed a maximum gross floor area of 1, 440 square feet. 7. The proposed structure shall be limited to a maximum encroachment of 7 feet into the rear 10 -foot setback, with the exception of decorative architectural features (e.g. belt courses, ornamental moldings, pilasters, and similar features) which may encroach an additional 6 inches and roof overhangs, brackets, cornices, and eaves which may encroach an additional one -foot. 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 Variance No. VA2012 -004. 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 Tmplt: 05/1612012 Planning Commission Resolution No. 1894 Page 7 of 7 upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division Conditions The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. Public Works Conditions 10. Prior to the issuance of a building permit, City Council approval shall be obtained for the proposed new driveway access from Park Avenue in accordance to Council Policy L -2. 11. An ADA compliant curb ramp shall be installed at the corner of Park Avenue and Sapphire Avenue per City Standard STD - 181 -L -A through STD - 181 -L -D. 12. The proposed structure shall provide a minimum of 6 inches of rise from the gutter flow line along Park Avenue to the garage finish floor. 13. The driveway slope shall comply with City Standard STD - 160 -L -8. 14. The driveway approach shall comply with City Standard STD - 163 -L. 15. All damaged or broken concrete curb, gutter, and sidewalk along the project frontage (Park Avenue and Sapphire Avenue) shall be reconstructed. 16. The proposed block wall located along the Park Avenue frontage shall be eliminated or reduced in height to a maximum of 36 inches to provide adequate sight distance for vehicles backing out of the proposed garage and pedestrian sight distance at the intersection of Park and Sapphire. Tmplt: 05/16/2012