HomeMy WebLinkAbout2.0_1706 Park Avenue Setback Determination_PA2016-197 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
February 9, 2017 Planning Commission Meeting
Agenda Item No. 2
SUBJECT: 1706 Park Avenue Setback Determination (PA2016-197)
1706 Park Avenue
Staff Approval No. SA2016-018
APPLICANT: Mary Park, Schneider Family Trust
OWNER: Schneider Family Trust
PLANNER: Melinda Whelan, Assistant Planner
(949) 644-3221, mwhelan@newportbeachca.gov
PROJECT SUMMARY
The applicant is requesting an alternative front setback due to the existing orientation of
the lot and development limitations created by the Code required front setback.
Specifically, the proposal is to reduce the front setback abutting Park Avenue from 20
feet to 10 feet. The applicant would maintain the required 3-foot side setbacks and the
5-foot rear alley setback.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to 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
20 percent (%), which do not result in any changes in land use or density, including
but not limited to: minor lot line adjustments, side yard, and setback variances not
resulting in the creation of any new parcel.; and
3) Adopt Resolution No. approving Staff Approval for an Alternative Setback
Determination No. SA2016-018 with the attached Alternative Setback
Determination letter (Attachment No. PC 1) that would establish a 10-foot front
setback.
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1706 Park Avenue Setback Determination
February 9, 2017
Page 2
VICINITY MAP
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Subject Property
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GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE RT Two-Unit Residential R-BI Balboa Island Single-Unit Dwellin
NORTH RT R-BI Single and Two-Unit Dwellings
SOUTH RT R-BI Single-and Two-Unit Dwellin s
EAST RT R-BI Sin le and Two-Unit Dwellings
WEST RT R-BI Single and Two-Unit Dwellings
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1706 Park Avenue Setback Determination
February 9, 2017
Page 3
INTRODUCTION
Project Setting
The 4,362 square-foot property is comprised of portions of lots on the northerly side of
Park Avenue, just west of North Bay Front on Little Balboa Island. The topography of
the site is relatively flat. It is currently developed with two detached units. One two-story
unit is oriented towards Park Avenue and the second unit is located above the detached
garage adjacent the alley. The existing development is nonconforming because it
encroaches into the required rear and the front setback areas. Also, the existing parking
is nonconforming.
Project Description
Pursuant to Section 20.30.110 C (Setback Regulations and Exceptions — Alternative
setback area location) of the Zoning Code, the Community Development Director may
redefine the location of the front, side, and rear setback areas to be consistent with
surrounding properties 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. Strict application to the subject property of the
default setback regulations for an R-BI (Balboa Island) property results in a floor area
limit lower than other properties in the vicinity. The Community Development Director
has referred these types of applications to the Planning Commission for review and
action.
The setbacks required by the Zoning Code are 20 feet from the front property line
(adjacent to Park Avenue), 3 feet on the sides, and a 10-foot rear setback. The lot is an
irregular shape with three side property lines that converge to a point towards the rear.
The methodology for establishing the rear lot line and where to measure the rear
setback is presented in Figure 1:
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ae Lot Line
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Front Lot Line
Figure 1 - Location of Setbacks (Zoning Code Section 20.30.110 B)
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1706 Park Avenue Setback Determination
February 9, 2017
Page 4
The resulting buildable area' of the lot is 2,855 square feet. If the requested 10-foot
front setback along Park Avenue is approved, the buildable area would be 3,095 square
feet (Attachment No. PC 3).
Background
The subject property and surrounding area (Section 5 of Balboa Island) was originally
subdivided in 1912 (Attachment No. PC 5). At that time, Lots 10, 11, and 12 in the
subject block (Block 5) were oriented towards East Bay Front Alley. Subsequent to the
original subdivision, lots 10, 11, and 12 within Block 5 were re-oriented to face Park
Avenue, which resulted in three irregularly shaped properties (1706, 1708, and 1710
Park Avenue shown in picture below).
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Figure 2- Block 5 Reoriented Lots
"Buildable area" is defined by Chapter 20.70 (Definitions) of the Zoning Code as the area of a
development site, excluding the minimum front, side, and rear setback areas as applied to residential
properties only.
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1706 Park Avenue Setback Determination
February 9, 2017
Page 5
Although the three reoriented lots are subject to the 20-foot front setback required by
the Zoning Code, each of the properties is developed with front setbacks less than 20
feet. The subject lot was developed with the garage and unit above the garage in the
early 1950's and the front unit in 1960. There are no original plans on record. A variance
was approved in 1961 for a shade structure to encroach into the front setback and
includes plans that indicate a 10-foot front setback with the shade structure at 5 feet
from the front property line and this remains the existing development today. For 1710
Park Avenue, there are plans from 1992 associated with a variance for encroachments
into the front setback and floor area that show a front setback of approximately 7 feet, 6
inches. There are no plans on record for 1708 Park Avenue however; it appears that the
existing front setback is also 10 feet.
DISCUSSION
Analysis
To determine whether the proposed front setback is appropriate, staff analyzed: 1) the
compatibility of the proposed setbacks with the required setbacks on lots within the
surrounding area; and 2) the resulting true floor area ratio (maximum building square
footage allowed divided by lot size) to ensure that the proposed setbacks do not result
in additional floor area as compared with neighboring lots with typical lot configurations.
Setback Compatibility
The 10-foot front setback requested is compatible with the existing setbacks of the
immediately adjacent properties, which have approximately a 10-foot front setback and
a 7-foot, 6-inch-front setback. The front setbacks along Crystal Avenue are 8 feet and 6
feet. Along Bay Front, the front setback is 5 feet. The 20-foot front setback is not a
typical setback on Balboa Island. The existing development on the subject property has
maintained the 10-foot front setback since original construction with no record of issues
or negative impacts to the surrounding neighborhood.
FAR Comparison
Due to the difference in lot size and variation in setback areas between the subject
property and surrounding lots in the area, staff has employed a true floor area ratio
(FAR) method by which the total building square footage allowed on the site is divided
by the total site area. This method allows for an equitable comparison of floor area to lot
area. A lot comparison exhibit is provided in Attachment No. PC 4. A more extensive lot
comparison of the surrounding area is provided in the following Table 1:
1706 Park Avenue Setback Determination
February 9, 2017
Page 6
Table 1 - FAR Analysis Table
Property Address Lot Size Buildable Max Floor Area Floor Area
SF Area SF SF Ratio
1706 Park Ave./subject property 4,362 2,855 4,282 + 200 = 1.03
(Required Setbacks F-20, S-3, R-5) 4,482
(Requested Setbacks F-10, S-3, R-5) 4,362 3,095 4,642+ 200 = 1.11
4,842
NeighboringN21ghboring Lots
204 Crystal Ave. (F-8, S-3, R-5) 2,550 1,728 2,592 + 200 = 1.09
2,792
1702 Park Ave.(F-6, S-3, R-3) 1,800 1,224 11836 + 200 = 1.13
2,036
201 Crystal Ave. (Variance No. 1,500 855 1,760 (with 1.17
VA2007-004 Variance
205 Crystal Ave. (F-6, S-3, R-5) 2,550 1,776 2,664 + 200 = 1.12
2,864
BALBOA AVENUE"'
226 227 226 r w
224 225 224 1511 1 co g co Co 1
222 223 222 223 222 223
220 221 222 221 220 221 L31 204 Crystal
218 219 218 219 218 219
216 217 216 21 `' �1
214 0205 Crystal 217
214 215 d7 4 215 702 Park
213 ^ IO 212 O—� �� 1706 Park
210 211 210 2 2211 >� 1 Subject Property
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206 207 206 207 207 2 L13
204 205 204 20 201 Crystal 205 2
zoo 203 2oz g o 202 o o g y°�y
201 200 a 200 m `O N g+ n
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PARK
AVENUE
Figure 3 – Setback/Reference Map for Table 1
1706 Park Avenue Setback Determination
February 9, 2017
Page 7
Because the properties immediately adjacent to the east of the subject property have
also been reoriented and, as a result, have similarly reduced buildable areas, staff has
not included those properties in this FAR analysis. Properties which are representative
of the typical lot size and configuration within the surrounding area were used and are
included in Table 1. Additionally, a couple of lots in the immediate area were included
that were approved similar requests as discussed below.
The typical lot size in the surrounding area is 2,550 square feet (30 feet by 85 feet).
North of Park Avenue, lots facing the east side of Crystal Avenue have 8-foot front
setbacks, those on the west side of Crystal Avenue have 6-foot front setbacks. The
typical lot on the east side of Crystal Avenue (204 Crystal) has an FAR of 1.09. The
typical lot on the west side (205 Crystal) has an FAR of 1.12.
201 Crystal Avenue is included in the analysis, as representative of a reoriented
property similar to the subject property. A modification permit (MD2007-078) approved
in 2007 allowed the dwelling to encroach 14 feet, 8 inches into the 20-foot front setback
creating a 5-foot, 4-inch front setback. A variance (VA2007-004) approved in 2007
allowed a larger buildable area for development that resulted in an FAR of 1.17. Staff
also included 1702 Park Avenue, which is in a similar reoriented block as the subject
property and received an alternative setback determination (6-foot front setback) in
2012 that resulted in an FAR of 1.13.
The 10-foot front setback requested for the subject property results in a FAR of 1.11,
which is less than that approved for 201 Crystal Avenue and less than the resulting FAR
of the setback determination for 1702 Park Avenue. The resulting FAR is smaller than
those of typical lots facing the east side of Crystal Avenue, which have a 1.12 FAR (205
Crystal Avenue) and slightly larger than those typical lots facing the west side of Crystal
Avenue, which have a 1.09 FAR (204 Crystal Avenue).
Summary
Staff believes the requested 10-foot front setback is compatible with the nearby lots. As
illustrated in the Table 1, the requested setback results in an FAR of 1.11, which is
consistent with FAR of typical lots and similar lots in the area. The requested alternative
front setback is consistent with the existing development on the subject property and
surrounding properties. It will allow re-development on the subject property that will be
more consistent with the scale and floor area ratio (FAR) allowed on other properties
within the R-BI Zoning District and the subject block (Block 5, Section 5, Balboa Island).
Alternatives
Should the Planning Commission find the alternative setback requested by the applicant
or recommended by staff to be unreasonable, the Planning Commission should either
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1706 Park Avenue Setback Determination
February 9, 2017
Page 8
prescribe more appropriate setbacks for the property or determine the property should
be subject to the default front setback required for residential properties within the R-BI
(Balboa Island) Zoning District.
Environmental Review
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 20 percent (%), which do not result in any changes in land
use or density, 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.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the City website.
Prepared by: Submitted by:
Wk
Melinda Whelan
Assistant Planner B e a Wisneski AICP
D uty Community Development Director
ATTACHMENTS
PC 1 Draft Planning Commission Resolution including Exhibit "A" Alternative
Setback Determination Letter
PC 2 Draft Resolution for Denial
PC 3 Site Plan Exhibit showing Existing and Proposed Front Setback
PC 4 Lot Comparison Exhibit
PC 5 Original Tract Map: Section 5, Balboa Island
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Attachment No. PC 1
Draft Planning Commission Resolution
including Exhibit "A" Alternative Setback
Determination Letter
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RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING STAFF
APPROVAL SA2016-018 FOR AN ALTERNATIVE SETBACK
DETERMINATION FOR THE PROPERTY LOCATED AT 1706
PARK AVENUE (PA2016-197)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Mary Park, Schneider Family Trust, (Applicant) with respect to
property located at 1706 Park Avenue, and legally described as Balboa Island Section 5
Lot 10 Block 5 Westerly 30 Feet Southerly 49 FT (And Westerly 30 Feet of Lots 11 and 1
2 Block 5 Tract 103 requesting approval of a Staff Approval for an Alternative Setback
Determination.
2. The Applicant requests approval of an Alternative Setback Determination to reduce the
front setback from 20 feet to 10 feet (see Exhibit "A" Alternative Setback Determination
Letter).
3. The subject property is located within the Balboa Island (RB-1) 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 February 9, 2017 in the Civic Center Community Room
located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of
the public hearing was given in accordance with the Newport Beach Municipal Code
(NBMC). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing.
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).
2. Class 5 exempts minor alterations in land use limitations in areas with an average slope
of less than 20 percent, which do not result in any changes in land use or density,
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.
3. 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
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Planning Commission Resolution No. ####
Page 2 of 5
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. REQUIRED FINDINGS.
NBMC Section 20.30.110(C), Alternative Setback Area Location 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 NBMC Section 20.30.110(C), the following findings are set forth.
Findings:
1. The Municipal Code does not establish required findings for a review of a staff approval
for an alternative setback determination. The front setback requested was reviewed for
consistency with lots in the vicinity based on an application of standard setback areas,
the resulting floor area ratio (FAR), and other development standards.
2. The application of the default front setback for the RB-I Zone which is required without
the front setback called out on the Setback Map limits development on the lot and results
in an FAR substantially lower than other lots in the vicinity and in the R-BI Zoning District.
3. The application of the alternative front setback will allow development on the property
that is consistent with neighboring properties.
4. The applicant proposes to reduce the 20-foot front setback to 10 feet. The applicant
would maintain the required 10-foot rear setback and 3-foot side setbacks.
5. The proposed 10-foot front setback will allow for the development of a single-unit or two-
unit dwelling on the property that is within the range of sizes at nearby lots and provides
a reasonable setback from Park Avenue.
SECTION 4. DECISION.
05-26-2016 1�
�1
Planning Commission Resolution No. ####
Page 3 of 5
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves SA2016-018,
subject to the front setback 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 City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF FEBRUARY, 2017.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Kory Kramer, Chairman
BY:
Peter Zak, Secretary
05-26-2016
15
Planning Commission Resolution No. ####
Page 4 of 5
EXHIBIT "A"
Determination of Alternative Front Setback
SA2016-018 for PA2016-197
Date: February 9, 2017
Site address: 1706 Park Avenue
NBMC 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.
For these types of Setback Determinations, the Community Development Director refers to the
Planning Commission which established the following alternative front setback:
Yard Setback Description
Front 10' (Alternative) Park Avenue
Side 3' (Standard) Westerly Property Line
Side 3' (Standard) Easterly Property Line
East Bay Front Alley)
Rear 5' (Standard) Alley
On behalf of Kory Kramer, Chairman
By:
Peter Zak, Secretary
Attachment: Setback Exhibit
05-26-2016
10
Planning Commission Resolution No. ####
Page 5 of 5
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Attachment No. PC 2
Draft Resolution for Denial
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RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DENYING STAFF
APPROVAL SA2016-018 FOR AN ALTERNATIVE SETBACK
DETERMINATION FOR THE PROPERTY LOCATED AT 1706
PARK AVENUE (PA2016-197)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Mary Park, Schneider Family Trust, (Applicant) with respect to
property located at 1706 Park Avenue, and legally described as Balboa Island Section 5
Lot 10 Block 5 Westerly 30 Feet Southerly 49 FT (And Westerly 30 Feet of Lots 11 and 1
2 Block 5 Tract 103 requesting approval of a Staff Approval for an Alternative Setback
Determination.
2. The Applicant requests approval of an Alternative Setback Determination to reduce the
front setback from 20 feet to 10 feet (see Exhibit "A" Alternative Setback Determination
Letter).
3. The subject property is located within the Balboa Island (RB-1) 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 February 9, 2017 in the Civic Center Community Room
located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of
the public hearing 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 public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. 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.
SECTION 3. REQUIRED FINDINGS.
1. The Municipal Code does not establish required findings for a review of a staff approval
for an alternative setback determination. The setback areas requested were reviewed
for consistency with lots in the vicinity based on an application of standard setback
areas, the resulting floor area ratio (FAR), and other development standards. In this
case, the Planning Commission was unable to find that the proposed setbacks were
consistent with lots in the vicinity.
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Planning Commission Resolution No. ####
Page 2 of 2
2. The alternative setback determination will be detrimental to the surrounding properties.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies SA2016-018.
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 9th DAY OF FEBRUARY, 2017.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Kory Kramer, Chairman
BY:
Peter Zak, Secretary
05-26-2016
22
Attachment No. PC 3
Site Plan Exhibit showing Existing and
Proposed Front Setback
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Attachment No. PC 4
Lot Comparison Exhibit
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Lot Area:2,550 i i Lot Area:4,362
Buildable Area:1.776 s.f. �t Area:2,550 Buildable Area:2,855 s.f..
FAR:1,12 Buildable Area:1,728 s.f. FAR:1.03(20 foot FSB)
11 FAR:1.09 a
.................................. ........._,...........:......:J Proposed Buildable Area:3,095 s.f
........... ....................
........................... FAR: 1.11 (10 Foot FSB)
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Attachment No. PC 5
Original Tract Map: Section 5, Balboa
Island
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17o6 Park Avenue SetbackDetermination
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Introduction 4D
Alternative Front Setback
■ Balboa Island
Block 5 - 3 reoriented parcels
Standard zo foot front setback not consistent with
Balboa Island Neighborhood
07/13/2012 Community Development Department - Planning Division 2
Planning Commission - February 9, 2017
Itpm Nnting
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07/13/2012 Community Development Department - Planning Division 3
Planning Commission - February 9, 2017
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Lot Comparison
0
207 206 %
85'
14 -85'
-------- -—---—
............................... ..................................9 5 204:.._...................7......-.....
............ ...........
Lot Area:2,550 Lot Area:4.362
Buildable Area:1.776 s.f. Lot Area:2,550 Buildable Area:2,855 s.f..
FAR, 1.12 Buildable Area:1,728 s.f. FAR:1.03(20 foot FSB)
FAR:1.09
.......................... .......... ....................... w Proposed Buildable Area:3,095 s.f
........................... .......... FAR: 1.11 (10 Foot FSB)
.•.............
201 200
FARof
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2 550
Buildable Area 1.776 s f
1 2 .....7 -- ' -foot
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Planning Commission - February 9, 2017
ing
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Findings
■ Existing 3 lots developed with less than 20 foot
front setbacks
■ 20 foot front would limit development -
inconsistent with surrounding neighborhood
s.o foot front would allow development consistent
with surrounding neighborhood in size and scale
Required 3-foot side and 3.o-foot rear setbacks
maintained
07/13/2012 Community Development Department - Planning Division 5
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For more information contact: -
Melinda Whelan
949-644-322i
mwhelan@newportbeachca.gov
www.newpoitbeachca.gov
► • ! • • as skip. - - - • -• 11 - - •
FAR Analysis - Details
Property Address Lot Size(SF) Buildable Area(SF) Max Floor Area Floor Area Ratio
(SF)
i7o6 Park Ave.�subject property
(Required Setbacks F-zo, S-3, R-5) 200
(Requested Setbacks F-io, S-3, R-5) 4,362 3,095 ..
Neighboring Lots
zoy Crystal Ave.(F-8, S-3, R-5) 2,550 ..
i7oz Park Ave.(F-6, S-3, R-3) 3.,800 .. =2,036
zoi Crystal Ave.(Variance No.VAzoo7-ooq) 1,500 855 1,76o(with Variance) 1.17
zos Crystal Ave.(F-6, 5-3, R-5) 2,550 ..