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HomeMy WebLinkAbout1874 - APPROVE VA _ 211 ORCHID AVENUERESOLUTION NO. 1874 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING SA2012 -002 FOR AN ALTERNATIVE SETBACK DETERMINATION FOR THE PROPERTY LOCATED AT 211 ORCHID AVENUE (PA2012 -015) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Robert Hales, Trustee, with respect to property located at 211 Orchid Avenue, and legally described as RESUB OF CORONA DEL MAR, LOT 1, BLOCK 141, NORTHEASTERLY 93 FEET AND NORTHEASTERLY 93 FEET LOT. 1. The applicant requests approval of an Alternative Setback Determination. The originally requested setbacks are: Front — 10 feet, Side - 8 feet (adjacent to 3258 Ocean Boulevard), Alley Side — 5 feet, and Rear — 4 feet (opposite Orchid Avenue). 2. The applicant's alternative proposal is: Front — (adjacent to Orchid Avenue) 20 feet (from alley 28 feet), 10 feet (65 feet), Side - 4 feet (adjacent to 3258 Ocean Boulevard), Side (alley) — 5 feet, and Rear — (opposite Orchid Avenue) 4 feet (from alley 28 feet), 7 feet (65 feet). 3. The subject property is located within the Single -Unit Residential (R -1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD -B). 5. Public hearings were held on March 8, 2012, and April 5, 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. The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations), which consists of minor alterations in land use limitations in areas with an average slope of less than twenty percent, which do not result in any change to the land use or increase in the density as identified in the General Plan and Zoning Code, including but not limited to: minor lot line adjustments, side yard, and setback variances not resulting in the creation of any new parcel. The Alternative Setback Determination does not constitute a major change which would require environmental review. Planning Commission Resolution No. 1874 211 Orchid Avenue: Alternative Setback Determination Page 2 of 3 2. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. Section 20.30.110.C, Alternative Setback Area Location of the Newport Beach Municipal Code states the following: "7n cases where the orientation of an existing lot and the application of the setback area are not consistent with the character or general orientation of other lots in the vicinity, the Director may redefine the location of the front, side, and rear setback areas to be consistent with the surrounding properties." Pursuant to Section 20.30.110. C, the following findings are set forth. Findings: A. Th e subject property has been re- subdivided and is not consistent with the orientation of the original subdivision and the properties within the surrounding area and within the subject block (Block 141, Corona del Mar). B. Th e application of the standard R -1 (Single -Unit Residential) setbacks will result in an FAR substantially lower than other lots in the vicinity and within the R -1 Zoning District. C. The application of the approved alternative setbacks will allow development on the property, which will be more consistent with the scale and floor area ratio (FAR) allowed on other properties within the R -1 Zoning District and the subject block (Block 141, Corona del Mar). D. The approved alternative setbacks recommended by staff will maintain the character of the surrounding area and are consistent with the setbacks of properties within the neighboring area. SECTION 4. DECISION. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless the 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 Tmplt: 12/15/2011 Planning Commission Resolution No. 1874 211 Orchid Avenue: Alternative Setback Determination Page 3 of 3 arise frorn or in any manner relate (directly or indirectly) to City's approval of the 211 Orchid Avenue Alternative Setbacks including, but not limited to, the SA2012 -002 (PA2012 -015). 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. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves SA2012 -002, allowing the following setbacks set forth in Exhibit A, which is attached hereto: Front — (adjacent to Orchid Avenue) - 20 feet (46.5 feet from alley) and 10 feet (46.5 feet); Side - 4 feet (adjacent to 3258 Ocean Boulevard), Alley Side — 5 feet, and Rear — (opposite Orchid Avenue) 4 feet (28 feet from alley) and 7 feet (65 feet). 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 APRIL 5, 2012. AYES: Brown, Hillgren, Myers, and Toerge NOES: Kramer and Tucker ABSTAIN: None. ABSENT: Ameri M go Tmpll: 1 211 512 01 1 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644 -3200 Fax: (949) 644 -3229 www.newportbeachca.gov DETERMINATION OF ALTERNATIVE SETBACK AREA LOCATIONS SA2012 -002 (PA2012 -0015) Date: April 5, 2012 Site address: 211 Orchid Avenue Section 20.30.110 C (Setback Regulations and Exceptions — Alternative setback area location): In cases where the orientation of an existing lot and the application of the setback area are not consistent with the character or general orientation of other lots in the vicinity, the (Community Development] Director may redefine the location of the front, side, and rear setback areas to be consistent with surrounding properties. The reorientation of setback areas is not applicable to the bluff overlay district. In this case the Community Development Director elected to refer this request to the Planning Commission which established the following alternative setbacks: '0Ti1 0 Yard Setback Description 20' (46.5 feet from ally) Front and Orchid Avenue 10' (46.5 feet) Side 4' Adjacent to 3528 Ocean Boulevard Side 5' Adjacent to alley 4' (28 feet from alley) Opposite to Front Rear And Orchid Avenue 7 ' (65 feet) Attachment: Setback Exhibit 118' ............................... 0 ..................... ......................... ,Buildable Area: 2,232 sf. m M ' ' iFAR 0.95 ................................©............... ..............................t 215 Alley Subject Property 60 N 65' 211 Buildable: Area: ..........� 31686 sf j Q 0.91 FAR im O 10 I Buildable Area: 3, 705 sf 0.86 FAR i 25 OCO 3528 Perry 0 10 20 Feet Determination 211 Orchid Avenue - PA2012 -015 r Determination of Alternative "< m Setback Area Locations 1012 -015 211 Orchid Ave Date: 041122012