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HomeMy WebLinkAbout1918 - DENIED VA2013-002- 417 AND 419 E BALBOA BLVDRESOLUTION NO. 1918 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING VARIANCE NO. VA2013- 002 TO ADD MORE THAN 50 PERCENT OF THE EXISTING FLOOR AREA TO A NONCONFORMING DUPLEX LOCATED AT 417 AND 419 EAST BALBOA BOULEVARD (PA2013 -086) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John Loomis of Thirtieth Street Architects, Inc. on behalf of the property owner, with respect to property located at 417 and 419 East Balboa Boulevard, and legally described as Lot 8 of Block 4 of Tract Balboa in the county of Orange, State of California, as per Map recorded in Book 4, Page 11 of Miscellaneous Maps, in the Office of the County Recorder of said County requesting approval of a variance. 2. The applicant proposes to maintain /remodel the existing 1,785- square -foot duplex and to add 1,989 square feet on the rear of the property including a two -car garage and attached two -car carport. All new construction will comply with the Zoning Code - required development standards. The existing duplex is nonconforming because it encroaches into the required 3 -foot side setbacks and 5 -foot front setback. Pursuant to the Zoning Code, additions to nonconforming structures are limited to 50 percent of the existing floor area. Therefore, a variance is required to approve the proposed project as it would result in a 111 - percent addition. 3. The subject property is located within the Two -Unit Residential (R -2) 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 — (30.0 — 39.99 DU /AC) (RT -E). 5. A public hearing was held on August 22, 2013, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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.. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. Planning Commission Resolution No. 1918 Page 2 of 4 SECTION 3. REQUIRED FINDINGS In accordance with Section 20.52.090 (Variances) of the Newport Beach Municipal Code, the following findings are set forth: 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; 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; C. Granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; 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, E. 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; and 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. In this particular case, staff believes none of the findings can be made for the following reasons: 1. The subject property is a typical 30 -foot by 90 -foot lot that is flat, rectangular in shape, and has no distinguishing features from the other Two -Unit Residential (R -2) properties in the immediate vicinity. The zoning change from mixed -use to residential does not constitute a unique circumstance inasmuch as several properties throughout the City have undergone zoning changes and may have nonconforming structures. Each property is granted the same rights under Chapter 20.38 (Nonconforming Structures and Uses) of the Zoning Code, 2. The Zoning Code allows a 50- percent addition to nonconforming structures. This provision is granted to all properties with nonconforming structures regardless of zoning classification. Although maintenance of the existing structure will preclude the property owner from building to the maximum floor area limitation (two times the buildable area), maintaining the existing structure is the choice of the property owner. If the property owner opted to demolish and reconstruct within the standards, the maximum floor area limit would be permitted. The limitation on additions to 04 -24 -2013 Planning Commission Resolution No. 1918 Page 3 of 4 nonconforming structures is intended to encourage conformance over time. Granting of the variance request will substantiate and prolong the life of the nonconforming structure rather than encourage compliance as purposed in Chapter 20.38. 3. The Zoning Code allows a 50- percent addition to nonconforming structures and the applicant is afforded the same property rights granted to other nonconforming properties. The property owner could demolish and reconstruct within the standards which would allow the maximum floor area limit. 4. Granting of the variance will allow a 111- percent addition of the existing square footage whereas the Zoning Code limits additions to nonconforming structures at 50 percent. All other properties within the vicinity are granted the same right if there exists a nonconforming structure. Allowing an addition that is 61 percent greater than what is allowed by code is a special privilege given the nonconforming status of the structure on the property and the fact that all nonconforming structures are granted the same rights under the Zoning Code. 5. Although the subject 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, it will remain nonconforming inasmuch as it does not comply with the Zoning Code and it is not clear whether or not it will result in additional traffic, parking, or demand for other services. 6. There are no special circumstances on the property that warrant the granting of a variance. The Zoning Code intends to promote orderly development consistent with current code regulations. Acknowledgement of the existing structure that encroaches into the entirety of both side setback areas as well as the front setback area is inconsistent with this purpose. 7. General Plan Land Use Policy LU 5.1.5 (Character and Quality of Single - Family Residential Dwellings) discusses compatibility with neighborhood development in terms of density, scale, and street facing elevations. The existing, nonconforming 3- foot encroachments into the required 3 -foot side setbacks coupled with the encroachment into the front setback create a street - facing building facade that is inconsistent with other structures in the surrounding area under the same zoning classification. 8. The subject property is not located within a specific plan area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Variance No. VA2013 -002. 04 -24 -2013 Planning Commission Resolution No. 1918 Page 4 of 4 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 22ND DAY OF AUGUST, 2013. AYES: Ameri, Hillgren, Kramer, Lawler, and Tucker NOES: Brown and Myers ABSTAIN: None ABSENT: None M M 04 -24 -2013