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HomeMy WebLinkAbout1850 - APPROVE VA _403 JASMINE AVERESOLUTION NO. 1850 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. VA2011 -008 TO ALLOW THE CONSTRUCTION OF A 6- FOOT -HIGH DECK AND 42- INCH -HIGH GUARDRAIL THAT WOULD ENCROACH 5 FEET INTO THE REQUIRED 5 -FOOT REAR ALLEY SETBACK AT 403 JASMINE AVENUE (PA2011 -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 Christopher Brandon, AIA, with respect to the property located at 403 Jasmine Avenue, and legally described as Lot 3, Block 336, of Corona del Mar Tract, requesting approval of a variance. 2. The applicant proposes a variance to allow the construction of a 6- foot -high deck and 42- inch -high guardrail (9- foot -6 -inch total height) that would encroach 5 feet into the required 5 -foot rear alley setback. The alley is unimproved and is not utlized for vehicular access. 3. The subject property is located within the Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element category is Two -Unit Residential (RT). 4. The subject property is located within the coastal zone and is designated Two -Unit Residential (RT -D) by the Coastal Land Use Plan. 5. A public hearing was held on July 21, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction). This exemption allows for the construction of apartments, duplexes, and similar structures designed for no more than six dwelling units. The subject deck is accessory to the two - unit residential condominium structure currently under construction. Planning Commission Resolution No. 1850 Page 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.090.F of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Findincr A. That there are special or unique circumstances or conditions applicable to the subject 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: A -1. The subject property, as well as the other adjacent properties located along this unimproved alley, slopes down towards the unimproved alley. A -2. Residential properties adjacent to 14- foot -wide alleys are required to maintain 5- foot rear setbacks that are clear of any structures or obstructions in order to improve the maneuverability through the alleys; however, in this case, the alley is unimproved and a clear 5 -foot setback is not necessary for this purpose. A -3. The topography of the lot limits the usability of rear of the lot for outdoor living space. Finding: B. That strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. Facts in Support of Finding: B -1. Properties zoned R -1 and R -2 that are located adjacent to 14- foot -wide alleys are required to provide 5 -foot setbacks, which must be clear of any obstructions, including fences and decks, to allow for increased vehicular maneuverability through the alleys. B -2. Given that this alley is not improved, and will not likely be improved, the property is deprived of the privilege of using the setback area as outdoor living space. Finding: C. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Tmplt: 04/14/10 Planning Commission Resolution No. 1850 Page 3 of 7 Facts in Support of Finding: C -1. Since the alley is unimproved and there is no need to maintain a clear 5 -foot setback to the alley for vehicular maneuverability, the granting of the variance will allow the applicant the ability to utilize the area within the setback for outdoor living space. C -2. Due to the topography of the lot, the height of the deck and guardrail is required to maintain the same elevation as the lowest level of the house and to create a usable outdoor living area that nearby properties on flat lots are able to enjoy. 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: D -1. The granting of the Variance allows the property owner to maintain parity with the usable outdoor space enjoyed by residential properties not regulated by a rear alley setback limitations or topography. D -2. Properties zoned R -1 and R -2 that are not located adjacent to an alley are typically required to maintain 10 -foot rear setbacks, but are permitted to construct fences, walls, and other accessory structures up to a height of 6 feet within this setback to provide a private and protected outdoor living area. D -3. In this case, the property abuts an unimproved alley that does not warrant the requirement that the setback be clear of any encroachments or obstructions. 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: E -1. The deck has been designed to facilitate removal in the future should the City ever decide to improve the alley. E -2. The deck is cantilevered with only two posts supporting the deck, minimizing the massing of the encroachment as viewed by the neighboring residences. Tmpll: 04/14/10 Planning Commission Resolution No. 1850 Page 4 of 7 E -2. The guardrails are the minimum necessary height for safety and are designed to be of open construction, and will not obstruct light and air to adjoining properties, nor adversely impact views from adjacent residential properties. 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: F -1. The Land Use Element of the General Plan designates the subject property Two - Unit Residential (RT). The RT land use designation is intended to provide for a range of two- family residential dwelling units such as duplexes and townhomes. The subject two -unit residential condominium building is consistent within this designation. F -2. The subject property is located within the Two -Unit Residential (R -2) Zoning District. The subject two -unit residential condominium building is a permitted use within the R -2 Zoning District. F -3. The subject property is not located within a specific plan area. F -4. The granting of the Variance would allow the construction of an accessory structure to a two -unit residential condominium building that is consistent with the RT land use designation and R -2 Zoning District, SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2011 -008, subject to the conditions 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. 3. 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 Tmpit: 04/14/10 Planning Commission Resolution No. 1850 Page 5 of 7 PASSED, APPROVED AND ADOPTED THIS 21st DAY OF JULY, 2011. AYES: Ameri, Hawkins, Kramer, and Unsworth NOES: None. ABSTAIN: None. ABSENT: Hillgrren, Myers, and Toerge � BY:' l" Charles Unsworth, Chairman BY: t Kimberly Bran x- O�idoecretary of the Planning Commission Tmpll: 04/14/10 Planning Commission Resolution No. 1850 Paqe 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. Variance No. VA2011 -008 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The maximum height of the deck shall not exceed 6 feet in height and the guardrail shall not exceed 42 inches in height. The guardrail shall be constructed of open grillwork, wrought iron, latticework, Plexiglass, or similar materials. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. 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. 6. Deleted. 7. Deleted. 8. 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. 9. 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 the Bowman Residence including, but not limited to, the Variance No. VA2011 -008. 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 Tmplt: 04/14110 Planning Commission Resolution No. 1850 Page 7 of 7 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. 10. The applicant is required to obtain all applicable permits from the Building Division of the Community Development Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. Public Works 11. In the event that the alley is improved in the future, or if the City decides to utilize the alley right -of -way for any reason for which the City in its sole and absolute discretion determines that the deck and guardrail should be removed, the property owner is required, at their own expense, to remove the deck and guardrail encroachment within the rear 5 -foot alley setback. Should the property owner fail to remove the deck and guardrail encroachment in a timely manner, the City may remove the deck and guardrail encroachment and recover the costs of removal from the property owner. The property owner shall not be entitled to any compensation from the City for the removed deck and guardrail. Tmplt: 04/14 110