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HomeMy WebLinkAbout1755 - APPROVE VA_ 201 CRYSTAL AVERESOLUTION NO. 1755 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2007 -004 AND MODIFICATION PERMIT NO. 2007 -078 FOR PROPERTY LOCATED AT 201 CRYSTAL AVENUE (PA 2007 -214) WHEREAS, an application was filed by Brad Smith on behalf of Mr. Peter Ferrarini, property owner, with respect to property located at 201 Crystal Avenue, and legally described as the Lot 27, Block 6 E 25 ft and 25 ft Lot 28, Block 6 Track 103 in Balboa Island Section 5, requesting approval of a variance to permit a new single - family dwelling to exceed the maximum permitted floor area limitation. Additionally, the request for approval is for a modification permit to allow the encroachment of the new, single family dwelling into the required setbacks as follows: 14 feet 8 inches into the 20 -foot front yard setback adjacent to Park Avenue; 1 foot into the 3 -foot side yard setback for a portion of the garage on the northeast side along Crystal Ave; 7 feet into the 10 -foot rear yard setback, and 4 feet into the reversed corner 6 -foot setback for the rear 20 feet of the northeasterly corner along Crystal Avenue; and WHEREAS, a public hearing was held on March 6, 2008 in the City ball Council Chambers, at 3300 Newport Boulevard, Newport Beach, Califomia. A notice of time, place and purpose of the aforesaid meeting was given. The application, plans, a staff report and evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Two -Unit Residential' use. The proposed single - family residential structure is consistent with this designation; and WHEREAS, the subject property is designated Two - Family Residential (RT) by the 2006 General Plan Land Use Element and zoned R1.5 (Two - Family Residential). The proposed single - family dwelling is consistent with these designations; and WHEREAS, the modification to the Zoning Code, as proposed, is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. It is a logical use of the property that would be precluded by strict application of the zoning requirements for this District for the following reasons: ■ The Zoning Code requires default setbacks for the subject property to be a minimum 20 -foot front yard, 10 -foot rear yard, and 3 -foot side yards. ■ The Zoning Code requires that the side yard on the rear 20 feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required on the adjacent reversed frontage. Planning Commission Resolution No. Paqe 2 of 7 WHEREAS, Chapter 20.91 of the Newport Beach Municipal Code requires findings and facts in support of such findings for approval of a variance, which are presented as follows: 1. Finding: 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. Facts in Support of Finding: The small size and unusual orientation of the lot creates extraordinary circumstances that inhibit the maximum floor area allowed for a structure proposed on the lot that would not apply to the typical -sized and oriented lot within the block and throughout Balboa Island. The unusual orientation of the lot with the strict application of the Zoning Code required setbacks, which are unreasonably greater than on other lots in the vicinity, disproportionately reduces the buildable area of the subject site compared to lots within the block and District. 2. Finding: That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Finding: The application of the default setbacks to the small lot results in a disproportionately reduced buildable area with a FAR of 0.57. Strict application of the Zoning Code would deprive the property of substantial rights and privileges enjoyed by other parcels within the R -1.5 District. 3. Finding: 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. Facts in Support of Finding: The proposed single - family residence is consistent with what the development regulations permit in the immediate vicinity and throughout the neighborhoods of Balboa Island. The resulting floor area of approximately 1,560 square feet (1.04 FAR) plus 200 square feet for a gross floor area of 1,760 square feet is comparable to the FAR allowed in the vicinity and places the property in parity with the properties in the neighborhood. 4. Finding: 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. Facts in Support of Finding: The proposed single - family dwelling will provide the minimum required parking of two enclosed garage spaces per unit to meet the Zoning Code regulations, which is important to the improvement of the Balboa Island neighborhood where the on- street parking is limited. The height restrictions provided by the Zoning Code will not be exceeded by the proposed project. The minimum required side yard setback immediately adjacent to the existing residence to the west will be provided. Therefore, the granting of the floor area variance for the proposed Planning Commission Resolution No. Page 3 of 7 dwelling would not adversely affect the health or safety of persons residing or working in the vicinity, would not be detrimental to public welfare, and would not be injurious to property or improvements in the vicinity. WHEREAS, Chapter 20.91 of the Newport Beach Municipal Code requires findings and facts in support of such findings for approval of a modification permit, which are presented as follows: Findings 1. In accordance with the provisions of Chapter 20.93, the granting of this application is necessary due to practical difficulties associated with the property. The strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code for the following reasons: ■ The subject property is unusually small, 1,500 square -feet, and oriented differently than nearby lots, south to north with the front adjacent to Park Avenue. Strict application of the Zoning Code requires larger setbacks that were not intended for the R -1.5 District. A typical lot on Balboa Island has front yard setbacks called out on the Districting Map ranging from 5 feet to10 feet, depending on the block, and rear property lines adjacent to 10 -foot wide alleys, which requires a minimum rear yard setback of 5 feet. ■ The subject property is a reversed comer lot within a block that the Districting Map established a 6 -foot front yard setback along Crystal Avenue, which results in an additional for 6 -foot setback for the rear 20 feet along Crystal Avenue. 2. In accordance with the provisions of Chapter 20.93, the requested modification will be compatible with existing development(s) in the neighborhood for the following reason: ■ The 5 -foot 4 -inch front yard is within the range of 5- foot to10 -foot front yard setbacks called out on the Districting Map for the typical lots (85 feet in depth) throughout Balboa Island. ■ The required side yard setback along Crystal Avenue is 3 feet. The proposed comer of the garage will encroach 1 foot into the 3 -foot setback and is necessary to create the minimum required interior two -car garage parking spaces of 17 feet 6 inches by 19 feet. • The proposed garage will encroach 4 feet into the 6 -foot reversed comer setback. As with the encroachment into the required sideyard setback, this encroachment is necessary to create the minimum required garage space. The second floor will stepback to provide 5 feet 3 inches to the property line leaving only a 9 -inch encroachment, which is necessary to maintain useable floor area on the second floor. • The proposed rear yard setback is 3 feet. The rear yard encroachment consists of the garage on the first floor and a bedroom on the second floor. The first floor garage encroachment is necessary to create the minimum required two car garage parking spaces. The second floor 3 -foot rear yard setback is intended to match the standard Planning Commission Resolution No. Paae 4 of 7 3 -foot side yard setback on the abutting property, thus providing the same amount of air, light, and separation as would exist with two 3 -foot side yard setbacks. In accordance with the provisions of Chapter 20.93, the granting of this Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood based on the following: The requested encroachments will provide the applicant the ability to construct a single - family dwelling that consists of the minimum two -car garage parking spaces required by the Zoning Code, which is important to the immediate vicinity and all of Balboa Island where the on- street parking is limited. The granting of the application will enable the proposed single family dwelling to create articulation and stepbacks on the first and second floor to meet the Residential Design Criteria. • All site distance requirements will be met for the Public Works Department. WHEREAS, this project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures) and Class 5( Minor Alterations to Land Use Limitations); and NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. 2007 -004 and Modification Permit No. 2007 -078 subject to the Conditions set forth in Exhibit "A ". Section 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. Planning Commission Resolution No. PASSED, APPROVED AND ADOPTED THIS 6th DAY OF MARCH 2008. F? ra it n, Secretary 5 of 7 AYES: Eaton, Peotter, Hawkins, Cole, McDaniel, Toerqe and Hillgren NOES: None Planning Commission Resolution No. Paae 6 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL (Project - specific conditions are in italics) PLANNING 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. Prior to issuance of building permits, approval from the California Coastal Commission shall be required. 3. The interior garage with dimensions of 97 feet 6 inches wide by 99 feet deep shall remain free of all obstructions and remain available for the parking of vehicles at all times. 4. All height restrictions for the R -1.5 District shall be met, including maximum height permissible 24 feet for midpoint/flat roof /deckrails. 5. The total square footage of the approved structure, including the 200 square -foot credit permitted by the Zoning Code for enclosed pacing spaces for the R -9.5 District, shall not exceed 9,760 square feet. 6. The new single- family structure shall maintain the following minimum setbacks: 5 feet 4 inches to the front property line adjacent to Park Avenue; 3 feet to the westerly side property line; 2 feet on the first floor and 5 feet 3 inches on the second floor to the reversed comer northeasterly property line along Crystal Ave; 2 feet for the southerly most comer of the garage to the easterly side property line along Crystal Avenue; 3 feet to 5 feet to the easterly side property line along Crystal Avenue; and 3 feet to the rear property line. 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. Prior to the issuance of building permits, the applicant shall work with the Planning Department to obtain and record a Certificate of Compliance or Lot Line Adjustment to legally recognize the portions of parcels at 209 Crystal Avenue as one parcel for a single development. 9. 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 Department. 10. 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 Planning Commission Resolution No. Paae 7 of 7 control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 11. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. Building Department Conditions 12. 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 California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 13. Project foundation and slab design shall mitigate liquifaction. 14. The top of slab elevation shall be at 8.67 NAVD minimum due to special flood hazard zone. 15. 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 to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. Public Works Conditions 16. The design or the development shall not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 17. All improvements shall be constructed as required by Ordinance and the Public Works Department. 18. All other utility service connections serving this development shall be made underground. The existing water service line is above ground in the Public right -of -way. 19. All improvements shall comply with the City's sight distance requirement (intersections and driveways). See City Standard 110 -L. 20. All proposed /existing private non - standard improvements within the public- right -of -way requires an Encroachment Permit, if applicable. 21. All on -site drainage shall comply with the latest City Water Quality requirements. 22. Driveway approach bottom shall not exceed 20 feet wide for a two -car garage.