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HomeMy WebLinkAbout1599 - APPROVE VA AND MD_107 10TH STREETRESOLUTION NO. 1599 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2002 -008 AND MODIFICATION PERMIT NO. 2003 -033 FOR PROPERTY LOCATED AT 107 10" STREET (PA2002 -235) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by John Crider property owner, with respect to property located at 107 10th Street and described as the Southwesterly 42.5 feet of Lot No. 23, Block 10, Tract 234, requesting approval of Variance No. 2002 -008 to exceed the floor area limit and deviate from open space requirements, and Modification Permit No. 2003 -033 to allow encroachments into the front, rear and side yard setbacks, in order to construct a new single - family dwelling. Section 2. A public hearing was held on May 8, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meetings was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at the meeting. Section 3. The Planning Commission finds as follows: a) The proposed single - family dwelling is a permitted use in the Two - family Residential General Plan and Local Coastal Program Land Use Plan land use designations and the Two - Family (R -2) Zoning District in which it is located. b) 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 orientation of the lot is not typical of the other lots in the area and the strict application of the setback standards reduces the permitted building area to 58 square feet, rendering the property unbuildable for the purposes of constructing a new single family residence, and no area to provide for required open space in strict compliance with the Zoning Code. 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 variance to increase the permitted floor area and waiver of the open space requirement, the property owner could not construct a new residence to replace the existing nonconforming residence. 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. Planning Commission Resolution No.1599 Paqe 2 of 5 The proposed project will result in a structure that is similar to and consistent with what the development regulations permit on other lots in the area. The resulting gross floor area of approximately 1,702 square feet is comparable with the floor to land area ratio allowed in the vicinity. The project provides open space in excess of typical lots, although not in strict compliance with location standards. Therefore the granting of the variance to the floor area and open space is not granting a special privilege to the property owner not enjoyed by other property owners in the vicinity. d) The granting of the requested variance 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 and the granting of the variance would not increase the density beyond what is planned for the area, thereby avoiding additional traffic, parking or demand for other services. Project approval results in a structure that is similar to surrounding dwellings with respect to size, bulk and design and the project provides over 4,000 cubic feet of open space consistent with the legislative intent of the Zoning Code. Granting the request for the establishment of the floor area of 1,702 square feet and deviation from open space standards will not be detrimental to the surrounding neighborhood. e) The establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of this code for the following reasons: The setbacks, as established in the conditions of approval proposed, would result in the development of the site similar to other properties in the area and will result in a structure that is similar to and compatible with other residential structures. Other lots in the area are not required to provide a 20 -foot front yard setback or a 10 -foot rear yard setback. Both the 3 -foot front yard setback and 3 -foot rear yard setback are consistent with the required side yard setbacks on abutting properties. The design of the front of the structure provides articulation, open space and relief in the form of a staggered setback and front porch and balcony that will aid in reducing the mass of the structure on 10"' Street. Additionally, the encroachment of the structure within the side yard abutting the alley is not detrimental due to the width of the alley (20 feet) and the fact that other properties are not required to provide a setback from the alley. f) The design of the proposed improvements, as conditioned, will not conflict with any easements acquired by the public at large for access through, or use of, the property by the Public. Planning Commission Resolution No.1599 Page 3 of 5 g) Public improvements in the form of replacing the existing driveway approach on 10th Street with standard curb, gutter and sidewalks, is required of the developer pursuant to Section 20.1.040 of the Municipal Code. h) The proposed project qualifies for a Categorical Exemption pursuant to Section 15303 of the Implementing Guidelines of the California Environmental Quality Act. This exemption allows the construction of limited new structures including a single - family residence in an area designated for such use where the development does not significantly impact environmental resources. The site is presently developed with a single - family residence and is devoid of any significant environmental resources. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Variance No. 2002 -008 and Modification Permit No. 2003 -033, subject to the Conditions set forth in Exhibit 1. Section 5. 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 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 8h DAY OF MAY 2003. AYES: Toerge, Agaianian, Kiser, Gifford, Selich, Tucker NOES: McDaniel BY:� Steven Kiser, Chairman BY: . Planning Commission Resolution No.1599 Page 4 of 5 Exhibit 1 CONDITIONS OF APPROVAL Variance No. 2002 -008 & Modification Permit No. 2003 -033 1. The development shall be in substantial conformance with the approved plot plan, floor plans and elevations dated February 13, 2003 with the exception of any revisions required by the following conditions. 2. Variance No. 2002 -008 and Modification Permit No. 2003 -033 shall expire unless exercised within 24 months from the date of approval as specked in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent City- adopted version of the Uniform Building Code. 4. All improvements shall be constructed as required by Ordinance and the Public Works Department. 5. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 6. Prior to the issuance of building permits, the sewer and water system for the residence at 1001 West Balboa Avenue shall be re- routed to 10th Street so as not to cross the property at 107 10th Street or a private easement shall be granted to the 1001 West Balboa Avenue to allow sewer and water lines to cross the subject property. All construction associated with this work shall be done as required by ordinance and the Public Works Department and Building Department. 7. Prior to the final of building permits the applicant shall replace the existing curb cut and drive apron on 10th Street with curb and sidewalk through an encroachment permit issued by the Public Works Department. 8. 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. 9. The total square footage of the approved structure shall not exceed a maximum of 1,702 square feet. 10. The structure shall maintain a right side setback of 4.5 feet at the first floor, 4 feet at the second and third floors and 3 feet for roof eaves. Planning Commission Resolution No.1599 Paae 5 of 5 11. The structure shall maintain a left side setback of 3 feet at the first floor, 2.5 feet at the second and third floors and 1.5 -foot for roof eaves. 12. The garage and carport shall remain clear of obstructions and remain available for the parking of vehicles at all times. 13. Prior to the issuance of building permits, the applicant shall obtain approval from the California Coastal Commission for the demolition of the existing residence and the construction of the new residence.