HomeMy WebLinkAbout1556 - APPROVE VA_ 201 APOLENA AVERESOLUTION NO. 1556
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING VARIANCE NO. 2002 -001 (PA2002-
001) FOR THE PROPERTY LOCATED AT 201 APOLENA AVENUE
The Planning Commission of the City of Newport Beach does hereby find, resolve, and order as
follows:
Section 1. An application was filed by Mr. & Mrs. Brumbaugh, the applicants, with
respect to property located at 201 Apolena Avenue (PA2002 -001) and legally described as the
easterly 40 feet of Lot Nos. 1 & 2, Block 7, Section 2 of the Balboa Isle Tract, requesting
approval of a variance to exceed the 1.5 floor area limit applicable to Balboa Island (VA2002-
001).
Section 2. A public hearing was held on March 21 and on April 4, 2002, at 7:30 P.M. in
the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice
of time, place and purpose of the meeting was given. Evidence, both written and oral, was
presented to and considered by the Planning Commission at the meetings.
Section 3. The Planning Commission finds as follows:
a) That there are exceptional or extraordinary circumstances applying to the
land, building or use referred to in the application, which circumstances or
conditions do not apply generally to land, buildings and/or uses in the same
district.
The lot location and size are uncommon and the strict application of the setback
standards reduces the buildable area disproportionately compared to other lots
under identical zoning in the area. More of the subject lot is devoted to setback
areas than a typical lot in the area with the strict application of the setback
standards. The subject property is afforded a 0.677 floor area to lot area ratio and
a typical lot on Balboa Island with a 10 -foot front yard setback is permitted a
1.076 floor area to lot area ratio.
b) That the granting of the application is necessary for the preservation and
enjoyment of substantial property rights of the applicant.
Without the granting of the increased area, a residence located on the property
would be limited to 1,625 square feet in area. This amount of area is
approximately 1,000 square feet below what other properties in the area could be
developed with. Granting the variance provides a similar property right enjoyed
by others in the immediate area under the identical zoning classification.
c) That the granting of the application is consistent with the purposes of this
code and will not constitute a grant of special privilege inconsistent with the
limitations on other properties in the vicinity and in the same zoning district.
The increase in floor area limit is proportionately consistent with the area
permitted for other lots in the area. The abutting parcel to the west that also fronts
Park Avenue was granted a similar variance in 1998 to exceed the buildable area
imposed on the lot.
d) That the granting of such application will not, under the circumstances of the
particular case, materially affect adversely the health or safety of persons
residing or working in the neighborhood of the property of the applicant and
will not under the circumstances of the particular case be materially
detrimental to the public welfare or injurious to property or improvements
in the neighborhood.
The property is designated for two - family residential use, which is consistent with
what is planned for the area. No additional traffic, parking or demand for other
services should result from project implementation. Granting the request for the
increased floor area limit will not be detrimental to the surrounding neighborhood
as it is consistent with the size and intensity of other, single - family and two
family residential properties in the area.
e) The design of the proposed improvements will not conflict with any easements
acquired by the public at large for access through or use of the property within the
proposed development.
f) That public improvements may be required of the developer pursuant to Section
20.91.040 of the Municipal Code.
g) The proposed project has been determined to be Categorically Exempt under
Class 2 (Replacement or Reconstruction) of the California Environmental Quality
Act (CEQA), and the State CEQA Guidelines.
Section 4. Based on the aforementioned findings, the Planning Commission hereby
approves Variance No. 2002 -001, subject to the conditions set forth in Attachment "A."
Section 5. This action shall become final and effective fourteen (14) days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this
action is called for review by the City Council in accordance with the provisions of Title 20,
Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 41h DAY OF APRIL 2002.
AYES: Tucker, Gifford, Kranzlev
and Selich
NOES: McDaniel and Agajanian
ABSENT: Kiser
ATTEST:
Im
Larry Tucker, Chairman
BY: A
Earl McDaniel, Secretary
Attachment "A"
CONDITIONS OF APPROVAL
Variance No. 2002 -001
1. Development of the residential property shall be limited to a maximum floor area of 2,495
square feet (garage credit included), in conformance with a floor area limit not to exceed
1.039. The Modifications Committee shall approve any setback encroachments through
review of the project site plan, floor plans, roof plans and elevations.
2. The Variance No. 2002 -001 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 if the Newport Beach Municipal Code, unless an
extension is otherwise granted.
3. A Certificate of Compliance, Lot Line Adjustment, or Lot Merger shall be recorded prior to
the issuance of any demolition permit for the existing residence.
4. The project shall comply with the City's most recently adopted version of the Uniform
Building Code (U.B.C.). Due to the location of the project site, development of the project
will require liquefaction mitigation and compliance with flood plain requirements.
5. All improvements within the public right -of -way shall be constructed as required by
Ordinance and the Public Works Department under an encroachment permit.
6. In accordance with the provisions of Chapter. 13 of the Newport Beach Municipal Code
or other applicable section or chapter, additional street trees shall be provided and
existing street trees shall be protected in place during construction of the subject project,
unless otherwise approved by the General Services Department and the Public Works
Department. All work within the public right -of -way shall be approved under an
encroachment agreement issued by the Public Works Department.
7. An easement must be obtained from the owners of the property identified as 1006 Park
Avenue for a sewer lateral to serve the project. A sewer lateral and sewer lateral cleanout
must be installed in the alley between Coral Avenue and Apolena Avenue to serve 201
Apolena Avenue.
8. A 10 -foot radius corner cutoff at the corner of Apolena Avenue and Park Avenue shall be
dedicated to the public.
9. Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagmen. Traffic control and transportation of equipment and materials shall be conducted
in accordance with state and local requirements.
10. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole
in accordance with Section 19.24.140 of the Municipal Code unless it is determined by
the City Engineer that such undergrounding is unreasonable or impractical.