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HomeMy WebLinkAbout09 - 3513 Finley Avenue - Code Amendment 2002-001 PA2002-098CITY OF NEWPORT BEACH Hearing Date: PLANNING DEPARTMENT Agenda Item: 3300 NEWPORT BOULEVARD Staff Person: NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3229 PROJECT: SUMMARY: ACTION: APPLICANT: LOCATION: REPORT TO THE CITY COUNCIL September 10, 2002 20 Todd M. Weber, (949) 644 -3209 Code Amendment No. 2002 -001 (PA2002 -098) q 3513 Finley Avenue Cl " '� Ll - C Request to change the front yard setback of 3513 Finley Avenue facing the Rivo Alto channel established on District Map No. 3 from 40 feet to 20 feet. For the meeting of September 10, 2002: 1) Hold a public hearing. 2) Introduce Ordinance No. September 24, 2002. For the meeting of September 24, 2002: and pass to second reading on 1) Conduct the second reading for and adopt Ordinance No. _ approving Code Amendment No. 2002 -001. Ben C. Anderson, Newport Beach Southeast comer of the intersection of 36« Street and Finley Avenue GENERAL PLAN: Two - Family Residential ZONING DISTRICT: R -2 Introduction and Background The applicant is requesting a change to the front yard setback for 3513 Finley Avenue that faces the Rivo Alto channel as noted on the District Maps. The property would retain the same land use designation and zoning. If the change to the setback is approved, the applicant intends to redevelop the lot with a single - family dwelling. The best available property records indicate that the existing residential structure was built in 1949. There appear to be no other past approvals that apply to the project site. The Planning Commission reviewed and recommended approval for this amendment on August 8, 2002. 0 36 S3 ubject Pro ert P , :11, Fr% A001%k ANdl 0 200 400 Feet VICINITY MAP Code Amendment No. 2002 -001 (PA2002 -098) a N W�E s 3513 Finlev Avenue Current Development Existing two -story residential use To the north: Residential uses across 36 Street, Finley Avenue To the east: Residential uses across Finley Avenue and the remainder portion of the former Lot 6 of Block 435 that has been developed as an alley To the south: Residential uses across the remainder portion of the former Lot 6 of Block 435 that has been developed as an alley and the Rive, Alto channel To the west: I Residential uses across 36th Street and the Rivo Alto channel Code Amendment No. 2002 -001 (PA2002 -098) September 10, 2002 Page 2 of 5 Site Overview The project site is an existing, stand -alone residential lot that fronts off of Finley Avenue and the Rivo Alto channel and has improved streets on both sides. There is a two -story, residential structure on the property that is approximately 1,770 square feet (sq. ft.) in size. Across the alley, channel and streets are similarly designated and sized residential properties. Project Overview For 3513 Finley Avenue, the District Maps in the Zoning Code indicate a front yard setback of 40 feet along the Rivo Alto channel (Exhibit No. 2). The applicant is requesting that this setback be reduced to 20 feet. Analysis General Plan & Local Coastal Program (LCP) The General Plan refers to the area that includes 3513 Finley Avenue as Finley Residential. The proposed project would not alter any aspect of the existing General Plan as the request strictly pertains to the reduction of a front yard setback (along the Rivo Alto channel) as noted on the respective District Map. Staff suggests that the applicant's request would most likely improve the property's value by allowing a larger building beyond that currently permitted. Redevelopment will not increase long -term traffic to the neighborhood, as the existing residence will be replaced. Policy D of the General Plan prescribes that new buildings and structure shall be sited in a manner that ensures the preservation of public views. This policy was written as follows: D. 771e siting of new buildings and structures shall be controlled and regulated to insure, to the extent practical, the preservation of public views, the preservation of unique natural resources, and to minimize the alteration of natural land forms along bluffs and cliffs. Staff believes the issues of public views and access are insignificant. There would be no alteration of natural resources or landforms as a result of the request. While 3515 Finley Avenue abuts the channel, there currently is no public access provided along the channel and none would be required as a part of this application. With respect to views, the revised setback would permit a building or related residential structure to be located 20 ft. closer to the water than is currently allowed. The subject property is surrounded on 3 sides by streets. While some form of additional view obstruction would occur when looking from these streets, staff feels the difference in views from these streets resulting from the reduced setback is minor and should not significantly affect the views of neighboring property owners. A number of surrounding property owners have submitted letters recommending approval of the proposed request. (Exhibit No. 3). Similarly, the request would not result in any change to the City's Local Coastal Program (LCP) and does not affect public access, recreation or visitor serving facilities, or water and marine resources. Lastly the subject property is already developed with an existing dwelling unit and the Finley Residential area is completely urbanized, with no environmentally sensitive habitat or Code Amendment No. 2002 -001 (PA2002 -098) September 10, 2002 Page 3 of 5 hazardous areas. If the project were approved, public views may be somewhat affected by a new building sited closer to the channel, but the views would not be eliminated as the property is surrounded by streets on the 3 sides not abutting the channel. Zoning The site is subject to the Residential property development regulations of the Zoning Code and the site is not subject to Planned Community regulations. The setbacks that apply to the project site are as follows: Yard Setbacks Existing Proposed Change Requirement Requirement Front (along Finley Avenue as None Buildable Area denoted on the District Map) 5' 5' Front (along the Rivo Alto channel 2.0 2.0 as denoted on the District Ma) 40' 20' Sides (as prescribed by the Zoning 1,217.20 Code based upon a lot width of 3' 3' 36.43) Rear N/A N/A The result of reducing the setback would be a building located closer to the channel and an increase in the allowable floor area. The following table provides some comparison statistics. Characteristic Existing (ins . ft.) Proposed ins . ft.) Change Lot Size 3,643.00 3,643.00 None Buildable Area 1,403.65 2,012.25 608.60 Floor Area Limit 2.0 2.0 None Gross Floor Area 2,807.30 4,024.50 1,217.20 Attached is a copy of District Map No. 3, which includes the project site (Exhibit No. 2). In examining the blocks of the Canal Section abutting the Rivo Alto channel, there is not a uniform setback that applies to all of the properties. Along this channel are Blocks (from west to east) 436 through 433. The setback from the channel for Block 436 is 20 ft. For the 3513 Finley Avenue (subject property is part of Block 435 but as improved is surrounded by streets) it is 40 ft.; the remainder of Block 435 is 30 ft. Blocks 434 and 433 have a 20 ft. setback along the channel. There is no uniform setback for the residential properties across the Rivo Alto channel as well (Exhibit No. 2). Canal Section Blocks (from west to east) 336 through 332 all have setbacks that meet or exceed a minimum distance of 20 ft., with Block 334 having a 25 ft. setback and Block 332 a 35 ft. setback from the adjacent channel to the north. When reviewing the history of the Canal Section Blocks on the north side of the channel (Blocks 436 through 433) Block 435 was not included under a similar setback request for Blocks 433 and Code Amendment No. 2002 -001 (PA2002 -098) September 10, 2002 Page 4 of 5 0 434 as approved in 1994 under (Code) Amendment No. 792. This amendment reduced the existing setback of 35 ft. along the channel to 20 ft. The Planning Commission staff report indicated that there were a number of Use Permits, Variances and Modifications that were granted between 1952 and 1968 for structures to encroach, to varying degrees, into the 35 ft. setback. It appears that Amendment No. 792 attempted to establish a uniform standard to adjust the District Map No. 3 setback along the channel for Blocks 433 and 434. The approved setback of 20 ft. accommodated some of these past approvals (and building additions) making them conforming while avoiding the creation of, or, future potential for non - conforming situations. The Planning Commission recommends approval for the request to reduce the setback along the channel for 3513 Finley Avenue as it is consistent with previous amendments. The subject property would have the same channel front setback as a majority of the properties along both the north and south sides of the Rivo Alto channel. The Commission made this recommendation by a unanimous vote, 5 -0 -0 (1 excused and 1 seat vacant). Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations). The proposal involves amending the respective District Map to allow for a reduced setback along the Rivo Alto channel. Recommendation Hold the public hearing and introduce Ordinance No. _ for Code Amendment No. 2002 -001 (PA2002 -098) attached as Exhibit 1. Submitted by: PATRICIA L. TEMPLE Planning Director _1 Exhibits 1. Draft Ordinance No. Prepared by: TODD M. WEBER Associate Planner I oeP�? 311. A11^16.u- 'D~ 2. Copy of a portion of District Map No. 3 including the relevant setback information 3. 17 form letters from surrounding property owners in favor of the applicant's request 4. Planning Commission staff report and minutes dated August 8, 2002 Code Amendment No. 2002 -001 (PA2002 -098) September 10, 2002 Page 5 of 5 ORDINANCE NO. 2002-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE DISTRICT MAPS WITHIN THE ZONING CODE TO INCREASE THE DEVELOPMENT ALLOCATION AND REDUCE THE SETBACK ALONG THE RIVO ALTA CHANNEL FOR THE PROPERTY IDENTIFIED AS 3513 FINLEY AVENUE WHEREAS, amendments to Title 20 must be adopted by approved by a Resolution of the Planning Commission setting forth full particulars of the amendment; and WHEREAS, the applicant, Mr. Ben C. Anderson, has submitted a request to reduce the front yard setback along the Rivo Alto channel from 40 feet (ft.) to 20 ft. for the property identified as 3513 Finley Drive; and WHEREAS, in conjunction with the consideration of the subject amendment to the Zoning Code, the proposed project has been determined to be Categorically Exempt under the Class 5 (Minor Alteration in Land Use Limitations) requirements of the California Environmental Quality Act (CEQA), and the State CEQA Guidelines; and . WHEREAS, the Planning Commission has held a duly noticed public hearing on August 8, 2002 to consider the applicant's request for Code Amendment No. 2001 -003 and recommended approval to the City Council; and WHEREAS, the City Council duly noticed a public hearing on September 10, 2002 regarding Code Amendment No. 2001 -003, amending District Map No. 3 within the Zoning Code for the property identified as 3513 Finley Avenue. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: That Code Amendment No. 2001 -003 is approved as depicted in Attachment No. 1. Section 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. 0 Exhibit No. 1 Ordinance No. 2002 - Page 2 of 3 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on September 10, 2002, and was adopted on the 24`h day of September by the following vote, to wit: Ll ATTEST: CITY CLERK 0 AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR "I Ordinance No. 2002 - Page 3 of 3 Attachment No. l Ordinance No. 2002 - for Code Amendment No. 2002 -001 '20— v - , -20- y 8-2 A 'ell a Yl ,Z, p cc v m `s 1 ' p o 2 Xq�,� , v STRARArION 3A� ":': � -- R � LTV • . v rQ -scr. �d�s - -20- -20- 0 -3 - -3 All , ,,�, ,�0 m Q h '3 ?- 'Z0 ��P °� ' \�� h� R-2 sa E �'�' '• rrj OJ Q` O' lip a o M 3 s. 0 c ,w R ^� NO so 2,2 �, p ?Z;• AUTNOI? /TY, COCA; ti. V .Pas, f/O. ¢s ES37lo . 00 =; .. h Rar..do.3v/ E6311�1. ,`i. (� C .Pas A�/yy. S74 1Kf39lv�s ,ti /SZ � Lt'6J @:1o�s 6•¢7 � ,\ �\ Q` � V1 `� Did. d/o y16 /i�I/✓t OVRsRd. . N.(0. S60 XX J.S 3 4 "G O; YAP-WO 22 BO Lra40 . R ,\ O \O i AO A Exhibit No. 2 R�• . I--- .._ ._...� Mmmym Geraldine Rankin I AUG 0 :, 2002 D 6037 Washington Avenue B Y: ___.. 1. Whittier, CA 90601 ' " "" July 29, 2002 Mr. Todd M. Weber Associate Planner Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: We have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant and am currently the owner of the property. By executing below, I am supporting the applicants request and authorizing Ben C. Anderson to process this request. Please contact us if additional information is needed. Geraldine Rankin Exhibit No. 3 L�1 David M. Campbell 3501 Finley Avenue Newport Beach, CA 92663 July 29, 2002 Mr. Todd M. Weber Associate Planner Planning Department City of Newport Beach �TVTTV AUG 0.5 2002 Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I am supporting the applicants request. Please contact us if additional information is needed. David M. Campbell I* �5 Ben C. & Michelle A. Anderson 3601 Finley Avenue Newport Beach, CA 92663 July 26, 2002 Mr. Todd M. Weber Associate Planner Planning Department City of Newport Beach RECEIVED BY .. PLANNING DEPARTMENT CITY nc rEACH AM AUG 0 2 2002 PM 71819110111112111213141516 Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: We have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, we are supporting the applicants request. 10 Please contact us if additional information is needed. Ben C. Anderson Michelle A. Anderson i 1P 0 C� Carl W. Kraushaar 3507 Finley Avenue Newport Beach, CA 92663 RECEIVED BY PLANNING DEPARTMENT CITY OF NFWP!1P.T rEA„h1 July 26, 2002 AM AUG 0 , 2002 Ph9 Mr. Todd M. Weber 71819110111112111213141516 Associate Planner Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I are supporting the applicants request. Please contact us if additional information is needed. `, Curl W. Kraushaar 'J Diane J. Chipuzio 3606 Marcus Avenue Newport Beach, CA 92663 July 29, 2002 RECEIVED BY PLANNING DEPARTMENT CITY',);: K1MA!^nM' -, REa;.H Mr. Todd M. Weber AM AUG 0 2 2002 PM Associate Planner 7i8i9ii0i11112111G1314i5i6 Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I am supporting the applicants request. Please contact me if additional information is needed. Diane J. Chipuzio 0 l�O Doris Hope 3608 Marcus Avenue Newport Beach, CA 92663 RECEIVED BY PLANNING DEPARTMENT July 26, 2002 CITY 0F: EEA:.H Mr. Todd M. Weber AM AUG 0 2 2002 PM Associate Planner 71819110111112111213141518 Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. 0 By executing below, I are supporting the applicants request. Please contact us if additional information is needed. ��- A4-"� Doris Hope L.I i `1 James E. Collings 410 38th Street Newport Beach, CA 92663 July 26, 2002 Mr. Todd M. Weber Associate Planner Planning Department City of Newport Beach RECEIVED BY PLANNING DEPARTMENT CITY OF N;Ewp ^rT !.EACH AM AUG 0 2 2002 PM Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I are supporting the applicants request. Please contact us if additional E. Collings is needed. 0 0 E V i • John and Phylis Newsom 502 38�' Street Newport Beach, CA 92663 RECEIVED BY Jul 29 2002 PLANNING DEPARTMENT July CITY OF NEWPOIRT CEACIH Mr. Todd M. Weber AM AUG 0 2 2002 PM Associate Planner '71819110i11112i1iH13141516 Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: We have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, we are supporting the applicants request. us if additional information is needed. Newsom Phyliss Ne om EA I 11 Jeff D. Thomason 3607 Finley Avenue Newport Beach, CA 92663 July 26, 2002 Mr. Todd M. Weber Associate Planner Planning Department City of Newport Beach RECEIVED BY PLANNING DEPARTMENT CITY OF NVIVPORT DEAICH AM AUG n 2 2002 PM 7181911011111211 12;3141516 Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I are supporting the applicants request. Please contact us if additional information is needed. Jeff D. Thomason • P 0 L� Richard I. Collings 3603 Finley Avenue Newport Beach, CA 92663 July 26, 2002 Mr. Todd M. Weber Associate Planner Planning Department City of Newport Beach RECEIVED BY PLANNING DEPARTMENT CITY 0F: Nrk "r", nn Ti rEAGN AM AUG 0 2 2002 PM 418191101111121112151 1616 Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I are supporting the applicants request. Please contact us if additional information is needed. Richard I. Collings a �1 Carl E. Meintee 501 360` Street Newport Beach, CA 92663 July 26, 2002 RECEIVED BY PLANNING DEPARTMENT CITY OF -1 r'-E ,,..H Mr. Todd M. Weber AM AUG 0 2 2002 PM Associate Planner "r1 &;91iGlli;lz;:; ?,1314;516 Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I are supporting the applicants request. Please contact us if additional information is needed. Carl E. Meintee 0 0 Patricia A. Benson 501 36h Street Newport Beach, CA 92663 RECEIVED BY July 26, 2002 PLANNING DEPARTMENT CITY 0P N \•J — rnEr'CH Mr. Todd M. Weber AM AUG 0 2 2002 PM Associate Planner 41a19ii011�112i i2i31 =1518 Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. 0 By executing below, I are supporting the applicants request. Please contact us if additional information is needed. Patricia A. Benson �3 Robert S. Wright 3505 Finley Avenue Newport Beach, CA 92663 July 26, 2002 RECEIVED BY PLANNING DEPARTMENT CITY OF N.I =?V^ ^,7T PEA.:,H Mr. Todd M. Weber Associate Planner AM AUG 0 2 2002 PM Planning Department 718j91101111121-11 . 2 3 4 5 6 City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I are supporting the applicants request. 0 Please contact us if additional information is needed. Ro ert S. Wright `) d �- CA 12—b &3 RECEIVED BY PLANNING DEPARTMENT August 1, 2002 CITY 0P NIFW••.,• ; r-'C=`wy Mr. Todd M. Weber AM ALIG 0 2 2002 R1 Associate Planner 418191i0111112111�13i�1516 Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. • By executing below, I am supporting the applicants request. Please contact me if additiWal information is needed. i 11 n/ F -. JO LIDS' August 1, 2002 RECEIVED BY PLANNING DEPARTMENT Mr. Todd M. Weber CITY CF �i= �`•' ° ^ =T 'EACH Associate Planner AUG 0 2 2002 Planning Department AM PM City of Newport Beach �Isl °I�CI� lil °illzl31�1s16 Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I am supporting the applicants request. Please contact me if additional information is needed. AL 0 . Luanne E. & John S. Acierno 402 38`x' Street Newport Beach, CA 92663 July 26, 2002 RECEIVED BY PLANNING DEPARTMENT CITY nc nip e an^ ^EACH Mr. Todd M. Weber AM AUG 0 2 2002 PM Associate Planner 71819ii0i111121i12131 ° -'i516 Planning Department+ City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: We have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. . By executing below, we are supporting the applicants request. Please contact us if additional information is needed. Luanne E. Acierno i r Charlotte S. Mills 500 35th Street Newport Beach, CA 92663 July 29, 2002 0 RECEIVED BY PLANNING DEPARTMENT CITY ?rrCH Mr. Todd M. Weber AM AUG 0 2 2002 PM Associate Planner 7;B;9;i0;1l;12;1;2;3;4;5;6 Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I am supporting the applicants request. Please contact us if additional information is needed. ( &ze& , A, 6) Charlotte S. Mills 0 11 CITY OF NEWPORT BEACH Hearing Date: August 8, 2002 ' PLANNING DEPARTMENT Agenda Item: 3 3300 NEWPORT BOULEVARD Staff Person: Todd M. Weber, NEWPORT BEACH, CA 92658 (949) 644 -3209 (949) 644.3200; FAX (949) 644.3229 Council Review: Automatic if approved REPORT TO THE PLANNING COMMISSION PROJECT: Code Amendment No. 2002 -001 (PA2002 -098) 3513 Finley Avenue SUMMARY: Request to change the front yard setback of 3513 Finley Avenue facing the Rivo Alto channel established on District Map No. 3 from 40 feet to 20 feet. ACTION: Adopt the attached resolution recommending that the City Council approve the requested amendment. APPLICANT: Ben C. Anderson, Newport Beach LOCATION: Southeast comer of the intersection of 36" Street and Finley Avenue LEGAL DESCRIPTION: Lot 7 and a portion of Lot 6 in Block 435 of the Canal Section, Newport Beach GENERAL PLAN: Two - Family Residential . ZONING DISTRICT: R -2 Introduction and Background The applicant is requesting a change to the front yard setback for 3513 Finley Avenue that faces the Rivo Alto channel as noted on the District Maps. The property would retain the same land use designation and zoning. If the change to the setback is approved, the applicant intends to redevelop the lot with a single- family dwelling. The best available property records indicate that the existing residential structure was built in 1949. There appear to be no other past approvals that apply to the project site. ' 0 Exhibit No. 4 q r� `� W 0 Code Amendment No. 2002 -001 (PA2002 -098 3513 Finley Avepue Current Development: Existing two -story residential use �1 1 Residential uses across 36t' Street, Finley Avenue To the east: s sjj s sy js o s ° To the south: Residential uses across the remainder portion of the former Lot 6 of Block 435 that has been developed as an alley and the Rivo Alto channel 44�O o Residential uses across 36" Street and the Rivo Alto channel s a so 36 Subject Property ID ••nn 13 �y�c�&I o J �ry N 0 200 400 Feet VICINITY MAP W ` E s Code Amendment No. 2002 -001 (PA2002 -098 3513 Finley Avepue Current Development: Existing two -story residential use To the north: Residential uses across 36t' Street, Finley Avenue To the east: Residential uses across Finley Avenue and the remainder portion of the former Lot 6 of Block 435 that has been developed as an alley To the south: Residential uses across the remainder portion of the former Lot 6 of Block 435 that has been developed as an alley and the Rivo Alto channel To the west: I Residential uses across 36" Street and the Rivo Alto channel Code Amendment No. 2002 -001 (PA2002 -098) August 8, 2002 Page 2 of 6 Site Overview The project site is an existing, stand -alone residential lot that abuts the channel, public streets, or the remainder of Lot 6 of Block 435 that has been converted into an alley off of Finley'Avenue. There is an existing two -story, residential structure on the property that is approximately 1,770 square feet (sq. ft.). Across the alley, channel and streets are similarly designated and sized residential properties. As shown in the Vicinity Map, further to the northwest, the Rivo Alto channel intersects the Rialto channel. Project Overview For 3513 Finley Avenue, the District Maps indicate a front yard setback of 40 feet along the Rivo Alto channel (Exhibit No. 2). The applicant is requesting that this setback be reduced to 20 feet. Analvsis General Plan & Local Coastal Program (LCP) The General Plan refers to the area that includes 3513 Finley Avenue as Finley Residential. The proposed project would not alter any aspect of the existing General Plan as the request strictly pertains to the reduction of a front yard setback (along the Rivo Alto channel) as denoted on the respective District Map. While neither the General Plan nor the Local Coastal Program (LCP) specifically address the proposed request, General Plan Policy B allows modest growth, encourages redevelopment for the preservation of value while discouraging traffic increases. This policy reads as follows: B. To insure redevelopment of older or underutilized properties, and to preserve the value of properry, the floor area limits specified in the Land Use Element allow for some modest growth. To insure that traffic does not exceed the level of service desired by the City, variable floor area limits shall be established based upon the trip generation characteristics of land uses. [GPA 96- 1(D)J. Staff suggests that the applicant's request would most likely improve the property's value rather than preserve it by allowing a larger building than currently is permitted. The redevelopment will not increase traffic to the neighborhood, as the existing residence will be replaced. Policy D of the General Plan prescribes that new buildings and structure shall be sited in a manner that ensures the preservation of public views. This policy was written as follows: D. The siting of new buildings and structures shall be controlled and regulated to insure, to the extent practical, the preservation of public views, the preservation of unique natural resources, and to minimize the alteration of natural land forms along bluffs and cliffs. 0 Code Amendment No. 2002 -001 (PA2002 -098) August 8, 2002 �, Page 3 of 6 Staff believes the issues of public views and access are insignificant. There would be no alteration of natural resources or landforms as a result of the request. While 3515 Finley Avenue / abuts the channel, there currently is no public access provided along the channel and none would 4 be required as a part of this application. With respect to views, the revised setback would permit a building or related residential structure to be located 20 ft. closer to the water than is currently allowed. The subject property is surrounded on 3 sides by streets. So while some form of additional view obstruction would occur when looking from these streets, staff feels the difference in views from these streets resulting from the reduced setback is minor and should not significantly affect the views of neighboring property owners. A number of surrounding property owners have submitted letters recommending the Commission approve the proposed request (Exhibit No. 3). Similarly, the request would not result in any change to the City's Local Coastal Program (LCP) and does not affect public access, recreation or visitor serving facilities, or water and marine resources. Lastly the subject property is already developed with an existing dwelling unit and the Finley Residential area is completely urbanized, with no environmentally sensitive habitat or hazardous areas. If the project were approved, public views may be somewhat affected by a new building sited closer to the channel, but the views would not be eliminated as the property is surrounded by streets on the 3 sides not abutting the channel. A more detailed discussion of this aspect of the project is found later in the analysis of the report. Zoning The site is subject to the Residential property development regulations of the Zoning Code and the site is not subject to Planned Community regulations. The setbacks that apply to the project site are as follows: Yard Setbacks Existing Proposed Requirements Requirements Front (along Finley Avenue as denoted on the District Map) 5' 5' Front (along the Rivo Alto channel as denoted on the 40' 20' District Ma Sides (as prescribed by the Zoning Code based upon a lot 3' 3' width of 36.43 Rear N/A N/A The result of reducing the setback would be a building located closer to the channel and an increase in the allowable floor area. The following table provides some comparison statistics for the Commission's consideration. Code Amendment No. 2002 -001 (PA2002 -098) August 8, 2002 3 Page 4 of 6 Characteristic Existing ins . ft. Proposed ins . ft Change Lot Size 3,643.00 3,643.00 None Buildable Area 1,403.65 2,012.25 608:60 Floor Area Limit 2.0 2.0 None Gross Floor Area 2,807.30 4,024.50 1,217.20 Attached is a copy of District Map No. 3, which includes the project site (Exhibit No. 2). In examining the blocks of the Canal Section abutting the Rivo Alto channel, there is not a uniform setback that applies to all of the properties. Along this channel are Blocks (from west to east) 436 through 433. The setback from the channel for Block 436 is 20 ft. For the 3513 Finley Avenue (subject property is part of Block 435 but as improved is surrounded by streets) it is 40 ft.; the remainder of Block 435 is 30 ft. Blocks 434 and 433 have a 20 ft. setback along the channel. There is no uniform setback for the residential properties across the Rivo Alto channel as well (Exhibit No. 2). Canal Section Blocks (from west to east) 336 through 332 all have setbacks that meet or exceed a minimum distance of 20 ft., with Block 334 having a 25 ft. setback and Block 332 a 35 ft. setback from the adjacent channel to the north. When reviewing the history of the Canal Section Blocks on the north side of the channel (Blocks 436 through 433) Block 435 was not included under a similar setback request for Blocks 433 and 434 as approved in 1994 under (Code) Amendment No. 792. This amendment reduced the existing setback of 35 ft. along the channel to 20 ft. The Planning Commission staff report indicated that there were a number of Use Permits, Variances and Modifications that were granted between 1952 and 1968 for structures to encroach, to varying degrees, into the 35 ft. setback. It appears that Amendment No. 792 attempted to establish a uniform standard to adjust the District Map No. 3 setback along the channel for Blocks 433 and 434. The approved setback of 20 ft. accommodated some of these past approvals (and building additions) making them conforming while avoiding the creation of or future potential for non - conforming situations. The applicant contends that the request to reduce the setback along the channel for 3513 Finley Avenue is consistent with this previous amendment in that the subject property would have the same setback as a majority of the property along both the north and south sides of the Rivo Alto channel and the subject property has the same physical circumstances and setting as the other properties along the channel. Environmental Review ' This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations). The proposal involves amending the respective District Map to allow for a reduced setback along the Rivo Alto channel. 1►�J Code Amendment No. 2002 -001 (PA2002 -098) August 8, 2002 3 q 1 Page 5 of 6 • Recommendation s Approve Resolution No. _ recommending that the City Council approve Code Amendment No. 2002 -001 (PA2002 -098) subject to the findings and conditions of approval attached as Exhibit 1. Submitted by: PATRICIA L. TEMPLE Planning Director Exhibits Prepared by: TODD M. WEBER Associate Plann n 1. Resolution including findings and conditions of approval 2. Copy of a portion of District Map No. 3 including the relevant setback information 3. 15 form letters from surrounding property owners in favor of the applicant's request a Code Amendment No. 2002 -001 (PA2002 -098) August 8, 2002 Page 6 of 6 J City of Newport Beach Planning Commission Minutes August 8, 2002 INDEX • 's !or PI James Campbell noted that this application is to change the e ai Pian, the Local Coastal Plan and a zone change for land use designation. If adop , the existing single family home would become a conforming use. The applicant's ent is to redevelop the site and construct a duplex. This is a General Plan amendme and the affect of this will be tracked for the next ten years if adopted in accor ce with Council Policy A -18. This project would not require a vote pursuant to the G plight initiative. The resolution is attached to the report. Following a short discussio , It was determined that the text of the amendment should have been attached as it but had not been prepared. Ms. Temple noted the omission and su ested that the difference would be. the addition of two residential units and a dele ' of approximately 1,350 commercial square footage. The text will be attached to the solution for signature. Public comment was opened. Mark Fairbanks, 205 Orange St., noted that this residence has een in the family since 1953 and that they wish to reconstruct it with a duplex. Public comment was closed. Motion was made by Commissioner McDaniel to adopt Resolution No. 156 , . recommending that the City Council approve the requested amendments. Ayes: Agajanian, McDaniel, Kiser, Gifford, Selich Noes: None rrr SUBJECT: Code Amendment No. 2002 -001 (PA2002 -098) 3513 Finley Avenue Request to change the front yard setback of 3513 Finley Avenue facing the Rivo Alto channel established on District Map No. 3 from 40 feet to 20 feet. Associate Planner Todd Weber noted the additional correspondence received after the packet had been sent out had been distributed at this meeting. The correspondence was in supportof the project. Public comment was opened. Ben Anderson, applicant and adjacent owner at 3601 Finley noted: • Beach house is 50+ years old and is termite infested. • Purchased this house and hope to build a larger home. • Worked with the neighbors and staff. • Agrees with the staff report. Item 3 PA2002 -098 Recommended for approval 0 J City of Newport Beach Planning Commission Minutes August 8, 2002 Public comment was closed. Commissioner Agajanian asked for a brief presentation. Associate Planner Todd Weber made a slide presentation noting: • Vicinity map. • Views of the site from the northeast /southwest /intersection of Finley and 361i Street and rear building profiles of adjacent buildings looking due west and east. Commissioner Agajanian asked if this would set precedent in any way for other properties in the area. Referring to the vicinity map, Mr. Weber answered that at 3513 through 3501 Finley Avenue, all have different setbacks from the surrounding properties. The subject property has the front yard setback along the channel of 40 feet and the remainder from 3501 through 3507 Finley Avenue has a 30 -foot front yard setback. Perhaps the people from 3501 through 3507 Finley Avenue might return and ask for the same 20- foot setback as you typically see on both sides of the Rivo Alto Channel. Motion was made by Commissioner McDaniel to adopt Resolution No. 1568, • recommending that the City Council approve the requested amendment. Ayes: Agajanian, McDaniel, Kiser, Gifford, Selich Noes: None Excused: Tucker Taste of Nepe 611 E. Balboa Blvd. Use Permit No. 2002 -013 (PA2002 -074) Request for Use Permit No. 2002 -013 to establish an Alcoholic Beverage Outlet with Type 20 and Type 42 licenses to permit both retail wine sales an lied, ancillary on -site consumption and wine tasting. The project also incl s a request for a waiver of the off street parking requirements. Ms. Temple noted • Page 8 of the staff report was n istributed and has been provided tonight (she discussed its cont • The principal basis fora mg waiver is the public parking lots in the area. Associate Planner To ebernoted: • Use it is subject to the City's Alcoholic Beverage Outlet (ABO) • �� The applicant originally applied for a restaurant, however, there was no 4 iLL7#_/ PA2002 -074 I Continued to August 22, 2002