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HomeMy WebLinkAboutPC2019-037 - APPROVING VARIANCE NO. VA2018-002 FOR A FRONT SETBACK ENCROACHMENT LOCATED AT 536 HAZEL DRIVERESOLUTION NO. PC2019-037 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING VARIANCE NO. VA2018-002 FOR A FRONT SETBACK ENCROACHMENT LOCATED AT 536 HAZEL DRIVE (PA2018-042) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Erich and Tracey Funke ("Applicant") with respect to the subject property located at 536 Hazel Drive and legally described as Lot 28 of Block B of Tract No. 673 Corona Del Mar ("Property") requesting approval of a variance. 2. The Applicant proposes to construct an addition of 777 square feet to an existing 2,011 square-foot, single-family residence to accommodate a compliant two-car garage and additional second floor living area ("Project"). The two-car garage required under Title 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC") would replace an existing one-space carport, entryway, and bathroom. The Applicant requests a variance to allow a portion of the garage and new second floor bedroom to encroach two feet into the required five (5) foot front yard setback along Hazel Drive. The remainder of the building would remain in compliance with the front setback requirement of five (5) feet. No additional deviations are requested to accommodate the remodel and addition. The structure is considered legal non-conforming because a portion of the rear dining area extends beyond the principal structure stringline identified in City of Newport Beach General Plan ("General Plan") Policy NR23.6 (Canyon Development Standards). 3. The Property is designated Single-Unit Residential Detached (RS-D) by the General Plan Land Use Element and is located within the Single-Unit Residential (R-1) Zoning District. 4. The Property is not located within the coastal zone. 5. A public hearing was held on December 5, 2019 in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 of the 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. This Project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Planning Commission Resolution No. PC2019-037 Page 2 of 10 2. The Class 1 exemption includes additions to existing structures provided the addition will not result in an increase of more than 50 percent of the floor area of the structure before the addition, or 2,500 square feet whichever is less. In this case, the Project includes an addition of 777 square feet to an existing 2,011 square foot single-family residence. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.090(F) (Findings and Decision) of the NBMC, the following findings and facts in support of a variance are set forth: Finding: A. That there are special or unique circumstances or conditions applicable to the Property (e.g. location, shape, size, surrounding, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: 01-25-19 1. As part of the General Plan Update of 2006, Natural Resource Element Policy NR23.6 (Canyon Development Standards) was adopted in an effort to stop any further encroachment of development into Buck Gully and Morning Canyon. The policy limits new development based on stringlines drawn from corners of existing development on adjacent lots. As a result, development on the Property cannot be expanded in the same manner as other properties within the vicinity that developed prior to the 2006 establishment of the canyon development stringline limitations. 2. Unlike setbacks that are typically applied to each lot on a block uniformly, canyon development stringlines vary on a lot-by-lot basis. 3. The buildable area of lots along the canyon are defined by the front and side setbacks, and the canyon development stringline to the rear. The buildable area of the Property is significantly constrained when compared to other properties abutting the canyon on the same block. Specifically, the Property is limited to an allowable buildable area of approximately 1,353 square feet. In comparison, lots of similar size in the area have a buildable area of roughly 1,734 (526 Hazel Drive), 1,819 square feet, (524 Hazel Drive), and 2,006 (520 Hazel Drive). The property directly adjacent to the south of the site (532 Hazel Drive) has the closest buildable area with approximately 1,513 square feet. 4. The buildable depth of the Property as measured from the front setback line to the approximate stringline for principal structure ranges between 40 to 42 feet. It should be noted that the stringline is drawn at an angle so the depth is greater on the north side and decreases as it moves south. In comparison to similar properties along the canyon, the buildable depth for principal structures generally increases the further south a lot is located on the block. The adjacent lot at 532 Hazel Drive has a buildable depth of 39 feet and the buildable depths of lots progressively increase up to 101 Planning Commission Resolution No. PC2019-037 Page 3 of 10 feet for 408 Hazel Drive located on the south end of the block . Thus, the Property is disproportionately impacted by the principal structure stringline . 5. The existing residence is nonconforming in that portions of the existing dwelling encroach beyond the established stringline at the rear , reaching a built depth of approximately 45 feet from the front setback line. In comparison, other properties along the canyon in this block extend to an actual constructed depth ranging from approximately 54 feet to as much as 110 feet. The average depths of existing development along the block is approximately 78 feet. The six (6) southerly properties on Hazel Drive near East Coast Highway reach a depth of at least 100 feet from the front setback line to existing decks, pools, and principal structures . Finding: B . That strict compliance with Zoning Code requirements would deprive the Property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification . Facts in Support of Finding : 01-25-19 1. The Property comprises 6, 150 square feet, but the buildable area is only 1,353 square feet. Other similarly sized properties in the area have buildable areas ranging from as low as 1,513 to over 2 ,000 square feet. Thus , the Property is disproportionally limited as compared to other properties of the same size with identical zoning . 2 . The Property was constructed in the 1950s when construction on steep slopes was less common and does not encroach as far down the canyon as newer development in the vicinity. As a result, the site is now more constrained due to the application of canyon development stringlines . 3. The Applicant seeks to maintain as much of the original construction as possible, while creating a compliant two-car garage . Other properties in the vicinity have garages to store vehicles , whereas the Property has only a carport that is functional due to substandard interior dimensions (10 feet 8 inches wide by 14 feet deep). 4. Because of existing structural components of the building including a foundation and bearing wall parallel to the street at the center of the house , the garage cannot not be placed outside the setback without complete removal and reconstruction of a large portion of the building . Alternatively , maintaining the front setback without removing the existing bearing wall would result in a parking depth of approximately 18 feet , less than the code -required 20 -foot parking depth , which would significantly impact the usability of the intended garage . Planning Commission Resolution No. PC2019-037 Page 4 of 10 Finding: C. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the Applicant. Facts in Support of Finding: 1. The existing carport on-site is not functional due to its substandard size and requires the residents to park on the street. New residential buildings in the City are required to provide on-site garage parking, where the existing building has none. 2. The variance is intended to allow the Property owner the ability to provide for a code- compliant two (2) car garage and replacement of the third existing bedroom on the second floor of the structure without completely demolishing the building. Providing a two (2) car garage would afford the Applicant the ability to maintain a substantial property right enjoyed by others properties in the vicinity. 3. The location of the second floor improvements is required to align with the first floor garage location for structural reasons. If the second floor were setback to the five (5) foot front setback line, then the garage posts would not be sufficient to support the load of the second floor. Therefore, a beam would be required to be placed within the garage ceiling to support the second floor, reducing the ceiling clearance to less than seven (7) feet, which is less than the code minimum of 7 feet. The reduction in ceiling height would also require a variance, but would restrict the practical usefulness of the garage. 4. Additionally, if the garage or second floor area were pushed back towards the rear of the Property, the existing foundations would need to be removed and replaced. This would result in a significant expansion in scope of work by essentially requiring the complete demolition and reconstruction of the house. The Applicant seeks to remove as little as possible from the existing building, while providing a code- compliant garage and avoiding the disturbance to the canyon slope at the rear of the Property. Finding: D. That the 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. Facts in Support of Finding: 01-25-19 1. The granting of the variance would not constitute a special privilege inconsistent with the limitations upon other properties zoned Single-Unit Residential (R-1) as it allows the Property owner to maintain equity with other homes in the neighborhood where additions have occurred. The Project is consistent with historic development in the neighborhood. Several neighboring homes are nonconforming to setbacks and a few were allowed additions or new construction within the front yard setback, such as Planning Commission Resolution No. PC2019-037 Page 5 of 10 526, 516, and 416 Hazel Drive. Additionally, a few properties can have modification permits or variances to allow encroachments into side setbacks as well. 2. The proposed variance would not result in more floor area or a higher floor area ratio than surrounding properties of similar size. 3. The buildable depth for the Property is disproportionately limited as compared to other canyon properties of similar size, and the requested variance would allow the Property to have a buildable depth closer to other properties along the canyon. The proposed buildable depth is still less than the average for the canyon properties along Hazel Drive. 4. The proposed encroachments are similar to those granted under Modification Permit No. M3366, approved in 1988 for the subject site, allowing the existing carport to be converted into a (1) one car garage that would encroach three (3) feet into the required five (5) foot front yard setback. The Project was never constructed. The Project requests a two (2) foot encroachment into the same front yard setback for the purpose of building a compliant two (2) car garage. 5. The Project would not result in a net increase in bedrooms on the Property that could be viewed as the granting of a special privilege, and no additional deviations are requested such as relief from floor area or building height limitations. Finding: E. That the 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. Facts in Support of Finding: 01-25-19 6. The overall design, based upon the proposed plans, meets residential design criteria provided within NBMC Section 20.48.180(8)(2) (Design Criteria) by avoiding long unarticulated walls, providing architectural treatment of all elevations, and emphasizing the entry and window elements at the front fagade. 7. The Public Works Department has reviewed the Project for compliance with line of sight considerations and driveway standards. The Project complies with Public Works requirements and their conditions of approval are included. 8. The remodel and addition Project focuses construction to the developed street side of the Property, instead of adding floor area near the natural canyon. 9. The Project will require the Property owner to upgrade the existing building to meet all current Fire and Building Codes, including fire ratings and seismic standards, improving the safety of the home for its occupants and neighboring properties. Planning Commission Resolution No. PC2019-037 Page 6 of 10 10. Other properties along Hazel Drive have legally constructed buildings that encroach into the front yard setback, and they have not proven to be detrimental or created hazards to the public. 11. Approximately 21 feet 2 inches (linear measurement) of the width of the structure would encroach into the front setback, which is approximately 50 percent of the width of the lot. The remaining width (12 feet 8 inches) of the structure would maintain the five (5) foot front setback. Therefore, this variance would not have a substantial visual effect on the neighborhood. Finding: 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: 01-25-19 12. The General Plan identifies policies to protect natural resources including the canyon. The proposed addition and remodel would further Goal NR 23 of the General Plan by concentrating growth to the developed street side of the Property instead of extending the building into the natural canyon area. The addition complies with Policies NR 23.1 (Maintenance of Natural Topography) and NR 23.6 (Canyon Development Standards) by minimizing alteration of the site's natural topography. Relieffrom the stringline policy is not requested; instead, the Applicant is requesting a two (2) foot variance to encroach into the front setback to provide a compliant two (2) car garage and related second floor addition above. 13. The Property is zoned Single-Unit Residential (R-1) which is intended to provide for single-family residential uses. The existing building is a single-family residence, which would not change as part of the Project; therefore, approval of the variance will not affect density or intensity of uses. The Project includes the construction of a compliant two (2) car garage, which would allow the Property to conform to current Zoning Code standards for residential parking. 14. Pursuant to Title 20 of the NBMC, a structure of up to 7,164 square feet (or 1.5 times the buildable area outside of setbacks) could be constructed on the Property. The proposed addition and remodel would result in a structure totaling 2,788 square feet, including a 428 square foot two (2) car garage. Thus, the front setback encroachment is not requested for the purpose of overbuilding the site, but rather to accommodate a reasonable sized home that would remain below the average size home in the vicinity and that respects canyon stringline limits. A condition of approval is included that prohibits future encroachment to the rear of the Property without removal of the front yard encroachments granted by this variance. 15. The Property is not located within a specific plan area or the Coastal Zone. SECTION 4. DECISION . NOW, THEREFORE, BE IT RESOLVED: Planning Commission Resolution No. PC2019-037 Page 7 of 10 1. The Planning Commission of the City of Newport Beach hereby approves VA2018 -002 subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference . 2 . This Project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations , Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 3. This action shall become final and effective 14 days following the date this Resolution was adopted 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 5TH DAY OF DECEMBER, 2019. AYES: Ellmore, Kleiman, Koetting, Lowrey , Rosene , and Weigand NOES : ABSTAIN : ABSENT: Klaustermeier 01 -25-19 PLANNING Planning Commission Resolution No. PC2019-037 Page 8 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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. No future additions shall be permitted unless the structure is brought into conformance with all applicable zoning standards, including front setback requirements. 3. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. 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. 6. Prior to the issuance of a building permit, 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. 7. Prior to the issuance of a building permit, the Applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 8. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 01-25-19 Planning Commission Resolution No. PC2019-037 Page 9 of 10 9 . The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated . 10 . 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 . 11 . 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. 12 . Construction activities shall comply with Section 10 .28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise. Noise-generating construction activities are not allowed on Saturdays , Sundays, or Holidays. 13. 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. 14 . 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 Funke Variance including , but not limited to, Variance No. VA2018-002 (PA2018-042). 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 15 . The Applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent , City- adopted version of the California Building Code ("CBC"). 0 1-25-1 9 Planning Commission Resolution No. PC2019-037 Page 10 of 10 16. Project shall comply with Chapter 7 A of the CBC. Public Works Conditions 17. The new driveway shall be constructed per City Standard STD-162-L. 18. Applicant shall coordinate with 540 Hazel Drive regarding the driveway reconstruction along that Project's frontage (Hazel Drive). 19. Driveway slopes shall comply with City Standard STD-160-L-B and STD160-L-C. 20. Applicant shall reconstruct all damaged sidewalk panels, curb, gutter, and street along the Hazel Drive Property frontage as determined by the Public Works Department. 21. Applicant shall remove all unpermitted private encroachments, including but not limited to pavers, potted plants, fences, and walls, within the Hazel Avenue public right-of-way. 22. Per the Municipal Operations Division, the existing City tree may be removed. A new 48-inch box tree shall be installed along the Hazel Drive frontage in a location approved by City. 01-25-19