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HomeMy WebLinkAbout1923 - APPROVED VA2013-005_216 CRYSTAL AVERESOLUTION NO. 1923 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. VA2013 -005 FOR AN ADDITION TO AN EXISTING DUPLEX LOCATED AT 216 CRYSTAL AVENUE PA2013 -118 THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Art Kent, with respect to property located at 216 Crystal Avenue, and legally described as Lot 9, Block 5 requesting approval of a Variance. 2. The applicant requests a variance to allow the following improvements to a nonconforming duplex with an existing square footage of 2,417 square feet: 1) a second story addition of 378 square feet which would exceed the maximum allowed floor area of 2,366 square feet; 2) an addition greater than 10 percent of the existing square footage and beyond the maximum allowed square footage without providing the required number of parking spaces (2 per unit in a garage); and 3) a 1- foot -6 -inch encroachment into the 4 -foot side yard setback along East Bay Front Alley. 3. The subject property is located within the 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 High Density Residential (RH -A), 20.1 -30 Dwelling Units /Acre. 5. A public hearing was held on September 19, 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. 1. This project has been determined to be categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). 2. The project is an addition to an existing structure that is less than 50 percent of the existing structure and is located on a developed site with no environmentally significant resources present. Planning Commission Resolution No. 1923 Page 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.090 F. of the Newport Beach Municipal Code, the following findings 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; and Facts in Support of Finding: 1. The subject lot is an irregular triangular shaped lot which results in a smaller and unusually shaped buildable area from that of typical lots within the block and the Balboa Island neighborhood. 2. The irregular triangular shaped lot results in an exceptionally long, 94.72 -foot front lot line along Crystal Avenue and an unusually large 758 - square -foot front setback area. This front setback area is more than three times that of a typical lot with a 240 - square -foot front setback area. 3. The irregular shape with the unusually large setback results in a buildable area of 1,444 square feet where a typical lot in the block has 1,728 square feet; and a FAR that is 0.84 where a typical lot in the block has an FAR of 1.02. 4. The irregular shape creates an unusual shape of buildable area which is difficult to provide enclosed floor area and usable outdoor living area without encroaching into the setback as proposed to be consistent with the existing structure. 5. The existing duplex was built in 1951 with one -car garages for each unit. The irregularly shaped buildable area and prohibits the ability to create additional parking without eliminating the habitable area of the first floor unit. 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; and Facts in Support of Finding: 1. Applying the 8 -foot front yard setback requirement along the unusually long, approximately 95 -foot front lot line results in a larger setback area and smaller buildable area than a typical lot within the block and within the Balboa Island neighborhood. Strict application of the Zoning Code required floor area limit (FAL = 08 -09 -2013 Planning Commission Resolution No. 1923 Pace 3 of 8 buildable area X 1.5) to the subject property allows a maximum area of 2,166, which results in a FAR of 0.84 (excluding the 200 square foot allowance for garages on Balboa Island). The allowed FAR of a typical lot with a 240 - square -foot front yard setback within the same block is 1.02 (excluding the 200 - square -foot allowance for garages). 2. Additionally, the unusual shape of the lot with the strict application of the 8 -foot front yard setback along the approximately 95 -foot lot line along Crystal Avenue and the 4 -foot side yard setback along E. Bay Front Alley limits the buildable area adequate to accommodate usable enclosed floor area as well as usable outdoor areas. The addition and balcony maintains the existing 2- foot -6 -inch setback and is not abutting a residential lot therefore providing adequate light, air, and separation. Furthermore, the encroachment provides usable floor area and outdoor living area and maintains adequate access for 2 -way direction of travel in the alley and garage access for the residents in the surrounding area. 3. The existing duplex was permitted in 1951 to provide 1 -car garage per unit, per the Zoning Code in affect at that time. Unit -1 occupies the majority of the first floor with one bedroom and 916 square feet. For a typical lot on Balboa Island that is developed with an existing duplex constructed per an old Zoning Code requirement of one garage space per unit, a 10 percent addition is permitted up to the maximum square footage allowed by the Zoning Code. Additions within the 10 percent often accommodate a room addition. Finding: C. Granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; and Facts in Support of Finding: 1. The unusually large setback area and unusual triangular shape is not typical of other lots within the block or on Balboa Island and significantly limits the floor area and buildable area. 2. The requested variance to exceed the 1.5 floor area limit for a duplex that has a floor area of 2,595 square feet (excluding the 200 square feet allowed for garages) results in a 1.00 FAR, which is consistent with the typical lots within the block and allows the property the right to maintain the duplex with a similar FAR to other residential development on Balboa Island. 3. The proposed encroachment into the side yard setback, consistent with the existing structure, is reasonable in this case due to the unusual triangular shape that limits the buildable area. The encroachment would afford the property owner a more usable buildable area. 08 -09 -2013 Planning Commission Resolution No. 1923 Paae 4 of 8 4. The duplex has existed since 1951 with a one -car garage for each unit. The existing structure and lot characteristics provide no additional area on the first floor to add more parking without removing Unit -1. 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; and Facts in Support of Finding: 1. The FAR is a method to compare the maximum square footage allowed on a site based on the lot size. Using an FAR comparison to determine the appropriate maximum square footage allowed on a site provides equity for sub - standard lots without granting a special privilege. The proposed floor area results in an FAR of 1.00 (excluding the 200 square feet allowed for garages), which is less than the 1.02 FAR of typical lots within the block, ensuring that the increased floor area does not result in a special privilege not enjoyed by other property owners in the vicinity. 2. The proposed side yard setback along E. Bay Front Alley of 2 feet 6 inches is consistent with the existing structure does not result in a special privilege because a typical lot within the block enjoys a 24- foot -wide rear yard setback abutting the alley of which an encroachment to within 2 feet 6 inches of the property line is allowed on the second floor by right. Additionally, the side yard is not abutting a residential lot as do the typical side yards within the block. 3. The existing duplex has been maintained with only a one -car garage for each unit since 1951. For a typical lot on Balboa Island that is developed with a duplex constructed per an old Zoning Code requirement of one garage space per unit, a 10 percent addition is permitted up to the maximum square footage allowed. Additions within the 10 percent often accommodate a room addition. 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 Facts in Support of Finding: 1. The size of the duplex with the proposed addition is proportionate to other single - family and duplexes within the block and neighborhood of Balboa Island. 2. The proposed addition that encroaches 1 foot 6 inches into the side yard setback along E. Bay Front Alley still provides 2 feet 6 inches in line with the existing structure that is an adequate setback consistent with the neighborhood pattern of 08 -09 -2013 Planning Commission Resolution No. 1923 Paae 5 of 8 development ensuring the protection of air, light, and separation with adjacent properties. 3. The proposed encroachment is abutting an alley and it does not inhibit circulation or access of the subject lot or of lots across the alley. 4. The design of the structure includes articulation, modulation, and open volume with an existing balcony and a new balcony. 5. Duplexes within the Balboa Island neighborhood were typically built with one -car garages for each unit, were built with smaller than your average dwelling unit, and are typically afforded small one -room additions, per the non - conforming section of the Zoning Code, that are not considered as detrimental to the neighborhood. 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: 1. The intent of floor area limits (FAIL) is to ensure each residential structure can be developed with a reasonable sized dwelling in relationship to the lot size and setbacks; however, in this case, utilizing the FAIL disproportionally reduces the buildable area on this lot due to the irregular triangular shape and the larger front yard setback requirement. Additional floor area above the allowed FAL, would provide for the construction of a master bedroom addition that allows the existing duplex to be consistent with other developments within the block and within the Balboa Island neighborhood. 2. The intent of the side yard setback is to provide adequate separation for light, air, and usable outdoor living space adjacent to other residential properties. The proposed 2- foot -6 -inch setback along E. Bay Front Alley leaves adequate separation for light, air as it is abutting the alley and is not a typical side that abuts a residential development. On Balboa Island, most properties have a 24- foot -long, 5- foot -deep rear yard setback abutting the alley which, per the Zoning Code a second floor can cantilever to within 2 feet 6 inches of the property line. The encroachment also allows the proposed balcony to create usable outdoor living space within the irregularly shaped area. 3. The addition and the existing duplex meet the height limits of the R -BI Zoning Designation. 4. The requested Variance is consistent with the intent of the Zoning Code and the General Plan because the proposed deviations from the Zoning Code allow for the maintenance of an existing duplex with a comparable FAR to other properties within the block and neighborhood of Balboa Island. The addition maintains the design of the existing duplex that provides usable open volume area, articulation and modulation resulting in bulk that is consistent with other properties in the block 08 -09 -2013 Planning Commission Resolution No. 1923 Page 6 of 8 and neighborhood of Balboa Island. The addition of the master bedroom is comparable to additions that are provided for by right within the Zoning Code for existing duplexes of a similar size that have less than the required number of parking spaces. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2013 -005, 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 14 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 19th DAY OF SEPTEMBER, 2013. AYES: Ameri, Brown, Kramer, Lawler, and Myers NOES: None ABSTAIN: None ABSENT: Hillgren RECUSAL: Tucker =37 A9 08 -09 -2013 Planning Commission Resolution No. 1923 Pace 7 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The master bedroom addition and balcony shall maintain the 8 -foot front yard setback and shall not encroach further than the existing structure into the E. Bay Front Alley side yard setback maintaining 2 feet 6 inches to the property line. 4. The gross square footage including the garages with the addition of the master bedroom shall not exceed 2,795 square feet. 5. 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. 6. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 7. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Variance file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Variance and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 8. Prior to issuance of building permits, approval from the California Coastal Commission shall be required. 9. 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. 10. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent. 08 -09 -2013 Planning Commission Resolution No. 1923 Pape 8 of 8 11. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 12. 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 216 Crystal Avenue Variance including, but not limited to, the Variance No. VA2013 -118. 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 Division Conditions 13. The development shall comply with the Residential Code CRC 2010. 14. The garages shall provide a minimum door opening of 8- feet -wide for car. 15. Building shall be one hour rated construction due to unit overlapping conditions and to include sound rating. 16. For the purpose of fire protection ratings of exterior walls and opening, the center line of the alley may be considered the property line. 17. The development site is subject to liquefaction zone policy and flood Zone; therefore, the structure shall comply with liquefaction and FEMA guideline policy. 08 -09 -2013