HomeMy WebLinkAbout20170817_PC Staff ReportCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
August 17, 2017 Planning Commission Meeting
Agenda Item No. 3
SUBJECT: 102 East Ocean Front Setback Determination (PA2017-099)
102 East Ocean Front
Staff Approval No. SA2017-004
APPLICANT: Geoff Sumich Design Inc.
OWNER: Melodie Pacheco
PLANNER: Liz Westmoreland, Assistant Planner
(949) 644-3234, lwestmoreland@newportbeachca.gov
PROJECT SUMMARY
The applicant is requesting an alternative rear setback due to the existing orientation of
the lot and development limitations created by the Code required rear setback.
Specifically, the proposal is to reduce the rear setback abutting a single-family
residential lot from 10 feet to 5 feet. The requirements for side and front setbacks would
remain the same, at 3 feet and 10 feet respectively.
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, 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. SA2016-004 with the attached Alternative Setback
Determination letter (Attachment No. PC 1) that would establish a 5-foot rear
setback.
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102 East Ocean Front Setback Determination
August 17, 2017
Page 2
VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE RS-D (Single-Unit Residential
Detached)
R-1 (Single-Unit
Residential) Single Unit Dwelling
NORTH RS-D R-1 Single Unit Dwellings
SOUTH PR (Parks and Recreation) PR (Parks and
Recreation) Public Beach
EAST RS-D R-1 Single Unit Dwellings
WEST RS-D R-1 Single Unit Dwellings
Subject Property
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102 East Ocean Front Setback Determination
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INTRODUCTION
Project Setting
The 2,100 square-foot property consists of one lot on the easterly side of Island
Avenue, just north of the East Ocean Front boardwalk. The topography of the site is
relatively flat. The site is currently developed with a single unit residence. The residence
is oriented to the south, with the main entrance of the home abutting Island Avenue.
The existing development is nonconforming because it encroaches into the required
rear and the side (interior) setback areas. The existing parking is also considered
nonconforming because only one garage parking space is provided, whereas the
Zoning Code requires two garage parking spaces.
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-1 (Single-Unit Residential) 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 10 feet from the front property line
(adjacent to East Ocean Front), 3 feet on the sides, and a 10-foot rear setback. The lot
is rectangular in shape, similar to other lots in the immediate area.
The resulting buildable area1 of the lot is 1,160 square feet. If the requested 5-foot rear
setback is approved, the buildable area would be 1,305 square feet (Attachment No. PC
3). Under existing conditions with a rear setback of 10 feet, redevelopment could result
in a maximum floor area (including garage) of up to 2,320 square feet. Under proposed
conditions with an alternative rear setback of 5 feet, redevelopment could result in a
maximum floor area (including garage) of up to 2,610 square feet.
1 “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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102 East Ocean Front Setback Determination
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Background
The subject property and surrounding area were originally subdivided in 1904
(Attachment No. PC 4). At that time, Lots 11, 12, 13, and 14 were oriented west towards
1st Street, now named Island Avenue. Subsequent to the original subdivision, Lots 11
and 12 were reoriented to face Balboa Boulevard, and lots 14 and 15 were reoriented to
face East Ocean Front. The subject lot does not have alley access, which was provided
in the original orientation, thus garage access is from Island Avenue. The reoriented
lots are highlighted below in Figure 1.
Figure 1 - Block 11 Reoriented Lots
Although the subject property has a required 10-foot rear yard setback, it was
developed in 1922 (according to Orange County Assessor records) with a rear setback
of zero feet with the garage abutting the rear property line adjacent to 104 Island
Avenue. City permits show a variety of maintenance and alterations occurring since.
Three of the four lots shown in Figure 1 currently have structures that encroach into the
required setbacks.
Subject
Property
Lot 11 Lot 12
Lot 14 Lot 15
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102 East Ocean Front Setback Determination
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DISCUSSION
Analysis
To determine whether the proposed rear 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 more floor area than neighboring lots with typical lot configurations.
Setback Compatibility
Staff believes the requested 5-foot rear setback is compatible with the existing and
required setbacks of the immediately adjacent properties. Within the local vicinity, lots
abutting alleys are subject to the standard 5-foot rear setbacks. If the subject property
were still oriented to abut the alley to the east (Ocean Front Alley East), the property
would be subject to a 5-foot rear setback. The majority of R-1 lots in this area of the
peninsula have 5-foot rear setbacks.
The 10-foot rear setback is not a typical setback for R-1 properties on the peninsula
where typical lots have 5-foot rear alley setback. The existing development on the
subject property has a zero-foot rear setback with no record of issues or negative
impacts to the surrounding neighborhood. Furthermore, the original lot orientation would
have required a 3-foot side yard setback adjacent to the neighboring property at 104
Island Avenue resulting in a 6-foot distance between the two homes. The proposed 5-
foot setback combined with the 3-foot side yard setback results in a minimum 8-foot
distance.
Additionally, there are other street ends along West Ocean Front with similarly
configured lots. Some of these properties received entitlements such as modification
permits, to allow for alternative setbacks and associated FARs that are more in keeping
with typical lots on the peninsula. For example, the property at 804 Ocean Front
received a Modification Permit to allow the garage to encroach 3 feet into the required
3-foot side setback and 4 feet into the required 5-foot rear setback, resulting in a one-
foot rear setback. Furthermore, the property at 704 West Ocean Front received a
Variance to allow an encroachment of 7 feet into the required 10-foot setback, resulting
in a 3-foot rear setback.
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 3. A more extensive lot
comparison of the surrounding area is provided in Table 1:
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102 East Ocean Front Setback Determination
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Table 1 - FAR Analysis Table
Property Address Lot Size
(SF)
Buildable
Area (SF)
Max Floor Area
(Buildable SF x 2)
(SF)
Floor
Area
Ratio
Required
Setbacks
102 E. Ocean Front 2,100 1,160 2,320 1.105 F:10 R:10 S:3
Proposed Alternative
Rear Setback 2,100 1,305 2,610 1.243 F:10 R:5 S:3
Neighboring Lots
104 E. Ocean Front* 2,100 1,160 2,320 1.105 F:10 R:10 S:3
106 E. Ocean Front 2,100 1,320 2,640 1.257 F:10 R:5 S:3
104 Island Ave. 2,100 1,440 2,880 1.371 F:5 R:5 S:3
101 E. Balboa Blvd.* 2,100 1,160 2,320 1.105 F:10 R:10 S:3
105 E. Balboa Blvd.* 2,100 1,160 2,320 1.105 F:10 R:10 S:3
107 E. Balboa Blvd. 2,100 1,320 2,640 1.257 F:10 R:5 S:3
500 W. Ocean Front 2,450 1,653 3,306 1.349 F:8 R:5 S:3
504 W. Ocean Front 2,450 1,653 3,306 1.349 F:8 R:5 S:3
107 Island Avenue 2,450 1,595 3,190 1.302 F:5 R:10 S:3
109 Island Avenue 2,450 1,430 2,860 1.167 F: 6 F:5 R: 10 S:
3
507 Balboa Blvd. 2,450 1,711 3,422 1.397 F:6 R:5 S:3
509 Balboa Blvd. 2,100 1,416 2,832 1.349 F:6 R:5 S:3
* Properties with similar configurations as the subject property, i.e. properties that were also reoriented.
Figure 2 – Setback/Reference Map for Table 1
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102 East Ocean Front Setback Determination
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Because the properties immediately adjacent have similarly reduced buildable areas,
staff has not included those properties in this FAR analysis2. Properties that are
representative of the typical lot size and configuration within the surrounding area were
used and are included in Table 1.
The typical lot sizes in the surrounding area consist of 2,100 and 2,450 square feet.
Properties to the west of Island Avenue, including 507 West Balboa Boulevard, 109 and
107 Island Avenue, and 500 and 504 West Ocean Front have lot sizes of 2,450 and
FARs ranging from 1.302 to 1.397. Due to variation in required front setbacks, the
property at 109 Island Avenue has a lot size of 2,450 but a FAR of 1.167. The property
at 509 Balboa Boulevard has the same lot size as the subject site (2,100 square feet),
but has a FAR of 1.349.
Furthermore, to the east of Island Avenue, 106 East Ocean Front, and 106 and 107
East Balboa Boulevard, have lots sizes of 2,100 square feet and a FAR of 1.371 and
1.257 respectively.
105 East Balboa Boulevard, north of the project site, received approval for a
modification permit to construct a carport that encroaches into the 10-foot rear setback,
thereby resulting in a zero-foot rear setback adjacent to 104 Island Avenue.
The 5-foot rear setback requested for the subject property results in a FAR of 1.243,
which is less than the FAR for lots west of Island Avenue and similar to lots east of
Island Avenue. The subject property would have a rear setback that is larger than that
previously approved at 105 East Balboa Boulevard.
Summary
Staff believes the requested 5-foot rear setback is compatible with the nearby lots. As
illustrated in the Table 1, the requested setback results in an FAR of 1.243, which is
consistent with FAR of lots in the area. The requested alternative rear setback is
consistent with the existing development on surrounding properties. It will allow re-
development on the subject property that will be consistent with the scale and floor area
ratio (FAR) allowed on other properties within the R-1 Zoning District and the subject
block (Block 11 of Newport East Tract).
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
prescribe more appropriate setbacks for the property or determine the property should
be subject to the default rear setback required for residential properties within the R-1
(Single-Unit Residential) Zoning District.
2 Referenced lots would have the same true F.A.R. and buildable areas as the subject site under existing conditions.
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102 East Ocean Front Setback Determination
August 17, 2017
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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 that 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:
_____________________________
Liz Westmoreland, Assistant Planner
______________________________
Brenda Wisneski, AICP
Deputy 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 and Lot Comparison Exhibit
PC 4 Original Tract Map: Block 11, East Newport Tract
9
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Attachment No. PC 1
Draft Planning Commission Resolution
including Exhibit “A” Alternative Setback
Determination Letter
11
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RESOLUTION NO. ###
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING STAFF
APPROVAL SA2017-004 FOR AN ALTERNATIVE SETBACK
DETERMINATION FOR THE PROPERTY LOCATED AT 102 EAST
OCEANFRONT (PA2017-099)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Geoff Sumich Design Inc. (Applicant) with respect to property
located at 102 East Ocean Front, and legally described as Lot 14 (westerly half of lot
thereof) and Lot 15 (westerly half of lot thereof) of Block 11, East Newport Tract requesting
approval of a Staff Approval for an Alternative Setback Determination.
2. The Applicant requests approval of an Alternative Setback Determination to reduce the
rear setback from 10 feet to 5 feet (see Exhibit “A” Alternative Setback Determination
Letter).
3. The subject property is located within the Single-Unit Residential (R-1) Zoning District and
the General Plan Land Use Element category is Single-Unit Residential Detached (RSD).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single-Unit Residential Detached (20.0-29.9 DU/AC) (RS-D).
5. A public hearing was held on August 17, 2017 in City Council Chambers 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, 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
addition, project opponents often seek an award of attorneys' fees in such challenges.
13
Planning Commission Resolution No. ####
Page 2 of 4
05-26-2016
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:
“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 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 rear 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 rear setback for the R-1 Zone limits development on the
lot and results in an FAR substantially lower than other lots in the vicinity and in the R-1
Zoning District.
3. The application of the alternative rear setback will allow development on the property
that is consistent with neighboring properties.
4. The applicant proposes to reduce the 10-foot rear setback to 5 feet. The applicant would
be required to maintain the required 10-foot front setback and 3-foot side setbacks.
5. The proposed 10-foot rear setback will allow for the development of a single-unit
dwelling on the property that is within the range of sizes at nearby lots and provides a
reasonable setback from the adjacent residence.
14
Planning Commission Resolution No. ####
Page 3 of 4
05-26-2016
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves SA2017-004,
subject to the rear 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 17th DAY OF AUGUST, 2017.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chairman
BY:_________________________
Erik Weigand, Secretary
15
Planning Commission Resolution No. ####
Page 4 of 4
05-26-2016
EXHIBIT “A”
Determination of Alternative Front Setback
SA2017-004 for PA2017-099
Date: August 17, 2017
Site address: 102 East Oceanfront
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 to establish the following alternative rear setback:
Yard Setback Description
Front 10’ (Standard) East Oceanfront
Side 3’ (Standard) Easterly Property Line
Side 3’ (Standard) Westerly Property Line
(Island Avenue)
Rear 5’ (Alternative) Interior
On behalf of Peter Koetting, Chairman
By:
Erik Weigand, Secretary
Attachment: Setback Exhibit
16
104
106
102 104ISLAND AVEOCEAN FRON
T
E
0 10 20Feet
I102 OCEAN FRONT E PA2017-099 Determination of Alternative Rear Setback
PA2017-099_102 OCEAN FRONT E Date: 08/02/2017
410
43
43
45
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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 DENYING STAFF APPROVAL
APPLICATION NO. SA2017-004 TO MODIFY THE 10-FOOT
REAR SETBACK TO 5 FEET FOR THE PROPERTY LOCATED
AT 102 EAST OCEANFRONT (PA2017-099)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Geoff Sumich Design Inc. (Applicant) with respect to property
located at 102 East Oceanfront, and legally described as Lot 14 (westerly half of lot
thereof) and Lot 15 (westerly half of lot thereof) of Block 11, East Newport Tract
requesting approval of a Staff Approval for an Alternative Setback Determination.
2. The Applicant requests approval of an Alternative Setback Determination to reduce the
rear setback from 10 feet to 5 feet (see Exhibit “A” Alternative Setback Determination
Letter).
3. The subject property is located within the Single-Unit Residential (R-1) Zoning District
and the General Plan Land Use Element category is Single-Unit Residential Detached
(RSD).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single-Unit Residential Detached (20.0-29.9 DU/AC) (RS-D).
5. A public hearing was held on August 17th, 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. 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.
21
Planning Commission Resolution No. ####
Page 2 of 2
12-14-16
In this case, the Planning commission was unable to find that the proposed setbacks
were consistent with lots in the vicinity.
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 Staff Approval
No. SA2017-004 (PA2017-099).
2. 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 17th DAY OF AUGUST, 2017
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chairman
BY:_________________________
Erik Weigand, Secretary
22
Attachment No. PC 3
Site Plan and Lot Comparison Exhibit
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LOT AREA: 2,100 sq ft
10'3'3'3'3'10'10'10'5'3'
3'
5'5'3'3'10'10'3'
3'10'10'3'
3'10'5'3'
3'8'5'3'
3'
3'8'5'3'
5'10'3'3'5'3'6'10'
3'
3'6'5'5'3'
3'6'5'Alternate10'Required35'60'LOT AREA: 2,100 sq ft
LOT AREA: 2,100 sq ft
LOT AREA: 2,100 sq ftLOT AREA: 2,450 sq ftLOT AREA: 2,450 sq ft
LOT AREA: 2,450 sq ft
LOT AREA: 2,100 sq ft LOT AREA: 2,450 sq ft
LOT AREA: 2,100 sq ft
LOT AREA: 2,450 sq ft
LOT AREA: 2,100 sq ft LOT AREA: 2,100 sq ft
ALLEY
ALLEYALLEY
ALLEYOCEAN FRONTISLAND AVE.
BALBOA BLVD.
BUILDABLE AREA: 1,160 sq ft BUILDABLE AREA: 1,320 sq ft
BUILDABLE AREA: 1,440 sq ft
BUILDABLE AREA: 1,653 sq ftBUILDABLE AREA: 1,653 sq ft
BUILDABLE AREA: 1,160 sq ft
BUILDABLE AREA: 1,430 sq ft
BUILDABLE AREA: 1,416 sq ft BUILDABLE AREA: 1,711 sq ft
BUILDABLE AREA: 1,320 sq ft
BUILDABLE AREA: 1,595 sq ft
BUILDABLE AREA: 1,160 sq ft BUILDABLE AREA: 1,160 sq ft
104
lot 5
104
lot 3
far : 1.37
FAR: 1.10
106
lot 6
FAR: 1.257
101
lot 1
105
lot 2
500
lot 12
FAR: 1.35
504
lot 11
FAR: 1.35
FAR: 1.10
107
lot 13
FAR: 1.16
509
lot 16
FAR: 1.34
507
lot 15
FAR: 1.39
107
lot 23
FAR: 1.257
109
lot 14
102
lot 4 lot 24 lot 26 lot 27
lot 22 lot 21 lot 20
lot 10lot 9lot 8
lot 17lot 18
lot 7
lot 23
FAR: 1.30
FAR: 1.10 FAR: 1.10
BUILD ABLE AREA: 1,305 sq ft
ALTERNATIVE REAR SETBACK
FAR: 1.24
Table 1
FAR Analysis Table
Property Address Lot Size
(Sq.Ft.)
Buildable Area
(Sq.Ft.)
Max. Floor
Area (Sq.Ft.)
Floor Area
Ratio (FAR)
Required Setbacks
(FT.)
102 E. Ocean Front 2,100 1,160 2,320 1.105 F: 10, R: 10, S:3
Alternative Rear Setback 2,100 1,305 2,610 1.243 F: 10, R: 5, S: 3
Neighboring Lots
104 E. Ocean Front 2,100 1,160 2,320 1.105 F: 10, R: 10, S: 3
106 E. Ocean Front 2,100 1,320 2,640 1.257 F: 10, R: 5, S: 3
104 Island Ave.2,100 1,440 2,880 1.371 F: 5, R: 5, S: 3
101 E. Balboa Blvd.2,100 1,160 2,320 1.105 F: 10, R: 10, S: 3
105 E. Balboa Blvd.2,100 1,160 2,320 1.105 F: 10, R: 10, S: 3
107 E. Balboa Blvd.2,100 1,320 2,640 1.257 F: 10, R: 5, S: 3
500 W. Ocean Front 2,450 1,653 3,306 1.349 F: 8, R: 5, S: 3
504 W. Ocean Front 2,450 1,653 3,306 1.349 F: 8, R: 5, S: 3
107 Island Ave.2,450 1,595 3,190 1.302 F: 5, R: 10, S: 3
109 Island Ave.2,450 1,430 2,860 1.167 F: 5, R: 10, S: 6, S: 3
507 Balboa Blvd.2,450 1,711 3,422 1.397 F: 6, R: 5, S: 3
509 Balboa Blvd.2,100 1,416 2,832 1.349 F: 6, R: 5, S: 3
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0 250125Feet Setback MapS-2E - Balboa Peninsula Name: S-2E / October 26, 2010
102 E. Ocean Front
Subject Property
509 W. Balboa
507 W. Balboa
107 Island
104 E. Ocean Front
106 E. Ocean Front
104 Island
500 W. Ocean Front
107 E. Balboa
105 E. Balboa
109 Island
504 W. Ocean Front
101 E. Balboa
1
prj. north
true
nort
h
SCALE: 1/16" = 1'-0"
SITE AREA DIAGRAM
sumich design geoff sumich design geoff sumich design geoff sumich design geoff sumich design geoff sumich design geoff sumich design geoff sumich design geoff
SITE PLAN - OCEANFRONT
102 E. OCEAN FRONT, NEWPORT BEACH CA AC.0OCEANFRONT / Monday, May 8, 2017 1:48 PM / Oceanfront-19.plnOCEANFRONT##/##/####PA2017-099
25
INTENTIONALLY BLANK PAGE26
Attachment No. PC 4
Original Tract Map: Block 11, East Newport Tract
27
INTENTIONALLY BLANK PAGE28
29
Planning Commission - August 17, 2017
Item No. 3a Additional Materials Received (PA2017-099)
102 East Ocean Front Alternative Setback Determination
1
Subject:FW: August 17 PC Meeting Questions
Attachments:668-97.pdf
From: Wisneski, Brenda
Sent: Wednesday, August 16, 2017 4:06 PM
To: Kleiman, Lauren <lkleiman@newportbeachca.gov>
Cc: Crager, Chelsea <ccrager@newportbeachca.gov>; Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: RE: August 17 PC Meeting Questions
Attached is the site plan of the existing development. I will ask Liz include the photos in the presentation.
From: Kleiman, Lauren
Sent: Wednesday, August 16, 2017 3:34 PM
To: Wisneski, Brenda <BWisneski@newportbeachca.gov>
Cc: Crager, Chelsea <ccrager@newportbeachca.gov>; Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: Re: August 17 PC Meeting Questions
Thank you, Brenda.
I didn't see the site plan attached. Can you please resend?
Also, is it possible to add the attached photos to the record and use for tomorrow’s meeting?
Thanks, again.
Lauren Kleiman
Planning Commission - August 17, 2017
Item No. 3b Additional Materials Received (PA2017-099)
102 East Ocean Front Alternative Setback Determination
2
Planning Commission - August 17, 2017
Item No. 3b Additional Materials Received (PA2017-099)
102 East Ocean Front Alternative Setback Determination
3
Planning Commission - August 17, 2017
Item No. 3b Additional Materials Received (PA2017-099)
102 East Ocean Front Alternative Setback Determination
4
On Aug 16, 2017, at 3:02 PM, Wisneski, Brenda <BWisneski@newportbeachca.gov> wrote:
Lauren,
See the responses below in red. Let us know if you have additional questions.
‐‐‐‐‐Original Message‐‐‐‐‐
From: Kleiman, Lauren
Sent: Tuesday, August 15, 2017 12:20 PM
To: Wisneski, Brenda <BWisneski@newportbeachca.gov>
Subject: August 17 PC Meeting Questions
Hi Brenda,
Below are some questions I had on this week’s agenda items:
102 E Ocean:
‐When/how did orientation of lot change if door and garage both front on Island Ave?
Under existing conditions, the front of the home faces East Ocean Front. Access to the site is provided
via Island Avenue. The original tract oriented the front of the home towards Island Avenue, with garage
access via the alley at the rear of the property (see 104 Island for an example). The property no longer
has access to the alley. The lot was reoriented subsequent to creation of the original tract map in 1904.
Orange County Assessor records indicate that the site was developed in 1922.
‐Does Site Area Diagram (handwritten p. 25) reflect setbacks per code or as built? If the former, would it
be possible to produce a similar exhibit using current as‐built setbacks?
The Lot Comparison Diagram (on handwritten page 25) illustrates the setbacks per code and proposed
conditions. The allowable buildable area and FAR are on top, and the lower portion shows the proposed
buildable area and FAR.
The existing development is subject to the nonconforming structures section (20.38.040) of the code
because the garage encroaches into the 10' rear setback. Any new additions would be subject to the
existing (10') or alternative/proposed (5') rear setback, thus no new encroachments would be
permitted. I have attached the site plan we have on file so that you may observe the existing
encroachments.
Property Address Lot Size
(SF)
Buildable
Area (SF)
Max Floor Area
(Buildable SF x 2)
(SF)
Floor
Area
Ratio
Required
Setbacks
Existing Standards 2,100 1,160 2,320 1.105 F:10 R:10 S:3
Proposed Alternative
Rear Setback 2,100 1,305 2,610 1.243 F:10 R:5 S:3
Existing (As-Built)
Conditions
Lot Size
(SF) Footprint Existing Floor Area
Floor
Area
Ratio
Location of
Existing Building
Existing Conditions 2,100 1,310 1,310 .62 F:10’ 6” R:0
S:4’ 6” S: 2’ 6”
Villas CUP:
Planning Commission - August 17, 2017
Item No. 3b Additional Materials Received (PA2017-099)
102 East Ocean Front Alternative Setback Determination
5
‐Are there other approved CUPs in surrounding area (e.g., the Colony, Island Hotel, etc)? If so, what are
the time and other limitations imposed respectively?
There is no other residential complex in the vicinity the offers live entertainment together with alcohol.
The Island Hotel is permitted to operate Aqua Lounge with live entertainment, alcohol, and late hours
under Use Permit No. 3631 and Operator License No. OL2015‐002 (PA2015‐008). Aqua lounge is
permitted to have a single‐instrument musician during all operating hours of the lounge area (6 a.m. ‐ 1
a.m. daily), and a DJ or other amplified music is permitted from 9 p.m. ‐ 1 a.m. Thursdays, Fridays, and
Saturdays. The Aqua Lounge is open to the public.
Thank you.
Lauren Kleiman
Planning Commission - August 17, 2017
Item No. 3b Additional Materials Received (PA2017-099)
102 East Ocean Front Alternative Setback Determination
Planning Commission - August 17, 2017
Item No. 3b Additional Materials Received (PA2017-099)
102 East Ocean Front Alternative Setback Determination
1
Subject:FW: Project File No. PA2017-099
-----Original Message-----
From: Christine Tostenson [mailto:christytos@sbcglobal.net]
Sent: Wednesday, August 16, 2017 5:08 PM
To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
Subject: Re: Project File No. PA2017-099
Hi Liz,
Thank you for your reply. I would like to discuss the intent of the application and construction
guidelines with you. Does it have to be before tomorrow’s meeting? We live in San Diego and our
104 Island Avenue home is a beach house which is for pleasure and not a rental. We will be coming
to the meeting tomorrow - but if a discussion needs to be before the meeting please advise.
I do not know if our property lines become an issue. But, before the utility undergrounding we had
survey markers in the front of our house as well as in the back. When they redid the paving of the
alley and the frontage sidewalk/curb area in the front they were removed. In case there is any
dispute about property lines I would like that noted in the reports.
Again thank you Liz,
Chris Tostenson
> On Aug 16, 2017, at 4:20 PM, Westmoreland, Liz <LWestmoreland@newportbeachca.gov> wrote:
>
> Hi Christine,
>
> Thank you for contacting me with your comments. I would be happy to give you a call or schedule a
time to meet and discuss the intent of the application, as well as what could be constructed on the
site. Would you have a few minutes to discuss? Please note that I have forwarded your comments,
which will be added to the record.
>
> A design has not yet been proposed for the site. Once the application for the Alternative Setback
Determination is approved or denied (or modified), the architect will begin designing the project per
the standards. Any new residence would be required to comply with the established setbacks,
parking, height, floor area limitations, etc. contained in the Zoning Code.
>
> Please do not hesitate to reach out if you would like to discuss the application or have any
questions at this time.
>
> Best Regards,
>
>
> Liz Westmoreland, Assistant Planner
> City of Newport Beach | Planning Division Community Development
> Department
> 100 Civic Center Drive | Newport Beach, CA 92660
> Direct: 949.644.3234
>
Planning Commission - August 17, 2017
Item No. 3c Additional Materials Received (PA2017-099)
102 East Ocean Front Alternative Setback Determination
2
> -----Original Message-----
> From: Christine Tostenson [mailto:christytos@sbcglobal.net]
> Sent: Wednesday, August 16, 2017 2:18 PM
> To: Westmoreland, Liz <LWestmoreland@newportbeachca.gov>
> Subject: Project File No. PA2017-099
>
>
> Dear Ms. Westmoreland,
>
> I am the owner of the adjacent property to the rear of 102 East Ocean Front. Address: 104 Island
Avenue. Before any questions regarding the “request for an alternative rear setback” (5-foot setback
versus Code-required 10-foot setback) can be considered, I would have to see the building plans for
the home and the location of the new two car garage and driveway. I have looked on the Newport
Beach website under the Project File Number and found nothing. This seems odd. The only way for
me to assess any impact of the 5-foot set back request, in regards to design, street parking etc. I
would have to see the plans.
>
> My husband and I plant to attend the meeting tomorrow evening and hope these issues will be
addressed. I just wanted to get something in writing to you before tomorrow as requested in the
Public Hearing Notice. Would you please send a quick reply back confirming that you have received
this communication.
>
> Thank you,
> Christine Tostenson
>
Planning Commission - August 17, 2017
Item No. 3c Additional Materials Received (PA2017-099)
102 East Ocean Front Alternative Setback Determination
Planning Commission - August 17, 2017
Item No. 3d Additional Materials Received (PA2017-099)
102 East Ocean Front Alternative Setback Determination
Planning Commission
Public Hearing
August 17, 2017
Planning Commission - August 17, 2017 Item No. 3e Additional Materials Presented at Meeting - Staff (PA2017-099)
102 East Ocean Front Alternative Setback Determination
Community Development Department -Planning Division07/13/2012 2
Subject
Property
Planning Commission - August 17, 2017 Item No. 3e Additional Materials Presented at Meeting - Staff (PA2017-099)
102 East Ocean Front Alternative Setback Determination
07/13/2012 Community Development Department -Planning Division 3
F: 10’ 6”
R:0
S: 4’ 6”
S: 2’ 6”
Planning Commission - August 17, 2017 Item No. 3e Additional Materials Presented at Meeting - Staff (PA2017-099)
102 East Ocean Front Alternative Setback Determination
Section 20.30.110 C :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 setback area are
not consistent with the character or general orientation of
other lotsin the vicinity.
Default Rear Setback: 10 feet
Alternative Rear Setback : 5 feet
Typical Rear Setback (for peninsula) : 5 feet
07/13/2012 4Community Development Department -Planning Division
Planning Commission - August 17, 2017 Item No. 3e Additional Materials Presented at Meeting - Staff (PA2017-099)
102 East Ocean Front Alternative Setback Determination
Community Development Department -Planning Division07/13/2012 5
Planning Commission - August 17, 2017 Item No. 3e Additional Materials Presented at Meeting - Staff (PA2017-099)
102 East Ocean Front Alternative Setback Determination
07/13/2012 Community Development Department -Planning Division 6
Planning Commission - August 17, 2017 Item No. 3e Additional Materials Presented at Meeting - Staff (PA2017-099)
102 East Ocean Front Alternative Setback Determination
No new structure encroachments
(A) Demolish existing structure and build new
residence that conforms with all Code
requirements, including setbacks and parking.
(5’ rear or 10’ rear setback)
(B) Remodel and/or addition to existing
residence.
07/13/2012 Community Development Department -Planning Division 7
Planning Commission - August 17, 2017 Item No. 3e Additional Materials Presented at Meeting - Staff (PA2017-099)
102 East Ocean Front Alternative Setback Determination
07/13/2012 Community Development Department -Planning Division 8
Loss of one on-street space
Planning Commission - August 17, 2017 Item No. 3e Additional Materials Presented at Meeting - Staff (PA2017-099)
102 East Ocean Front Alternative Setback Determination
07/13/2012 Community Development Department -Planning Division 9
Loss of one on-street space
Planning Commission - August 17, 2017 Item No. 3e Additional Materials Presented at Meeting - Staff (PA2017-099)
102 East Ocean Front Alternative Setback Determination
Proposed 5-foot rear setback
(1) Compatible with setbacks of surrounding
properties
(2) Consistent with Floor Area Ratios of nearby
properties
Staff recommends approval of Staff Approval
No. SA2017-004 (PA2017-099)
Community Development Department -Planning Division07/13/2012 10
Planning Commission - August 17, 2017 Item No. 3e Additional Materials Presented at Meeting - Staff (PA2017-099)
102 East Ocean Front Alternative Setback Determination
For more information contact:
Liz Westmoreland949-644-3234lwestmoreland@newportbeachca.govwww.newportbeachca.gov
Planning Commission - August 17, 2017 Item No. 3e Additional Materials Presented at Meeting - Staff (PA2017-099)
102 East Ocean Front Alternative Setback Determination