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HomeMy WebLinkAbout1867 - APPROVE VA_20442 SANTA ANA AVENUERESOLUTION NO. 1867 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. VA2011 -011 TO ALLOW A DETACHED RESIDENTIAL BUILDING TO ENCROACH 20 FEET WITHIN THE REQUIRED 25 -FOOT REAR YARD SETBACK AT 20442 SANTA ANA AVENUE (PA2011 -212) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Dunn Voyer, with respect to the property located at 20442 Santa Avenue, and legally described legally described as TR 456, LOT 6, FOR OF LOT requesting approval of a Variance No. VA2011 -011. 2. The applicant proposes a variance to allow an existing residential building constructed without the benefit of permits to encroach 20 feet into the required 25 -foot rear setback area. 3. On July 22, 2010, the Planning Commission approved Modification Permit No. MD 2010 -007 allowing a portion of the existing unpermitted building to encroach 15 -feet within the the required 25 -foot rear setback area. The applicant has abandoned the project approved pursuant to MD2010 -007 due to financial reasons. 4. The Land Use Element of the General Plan designates the site RM (Multiple -Unit Residential) with a maximum density of 43 dwelling units per acre. 5. The property is zoned RMD(1000), which provides for medium density residential development up to approximately 43 dwelling units per gross acre, including single - family (attached and detached), two- family, and multi - family residential uses. 6. The subject property is not located within the coastal zone. 7. A public hearing was held on January 19, 2012, 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 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction). The exemption includes the construction of a second dwelling in a residential zone, necessary utility connections, and accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Planning Commission Resolution No. 1867 Paae 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.090.E of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: 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 is zoned RMD(1000) and is rectangular in shape, 140 feet in depth and approximately 7,000 square feet in size. The majority of lots within the identical zoning classification are approximately 290 feet in depth. A -2. The front and rear setbacks (20 and 25 feet, respectively) comprise 32% of the project site lot. These setbacks comprise only 15.5% of the majority of lots identically zoned. A -3. The existing residence occupies including the existing front yard occupies 53.6% of the overall lot. 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. Strict compliance with the rear setback standard given the unique circumstances identified in the facts that support the Finding A above significantly limits the ability of the property owner to provide more than one unit on the property depriving a substantial property right provided by the multi - family designation. B -2. Other properties in the vicinity with the identical zoning designation [RMD(1000)] enjoy the privilege of providing more than one unit on their properties consistent with the multiple unit land use designation. Finding: C. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Planning Commission Resolution No. 1867 Pape 3 of 8 Facts in Support of Finding: C -1. The project site is designated for multiple unit residential by the General Plan and the Zoning Ordinance. The granting of the Variance would allow the existing construction to proceed allowing an additional unit on the property, a substantial property right, enjoyed by properties identically Zoned while avoiding the expense of eliminating the existing construction entirely. C -2. To provide a larger setback, a portion of the rear of the two -story building would need to be removed and should the depth of the garage be reduced below 35 feet, two parking spaces would be compromised making the site deficient. Increasing the setback would not provide significant benefits to future occupants of the proposed development or abutting properties given the design of the proposed project and orientation of existing construction on abutting lots. 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 would not constitute a special privilege inconsistent with the limitations upon other properties Zoned RMD(1000) as it allows the property owner to maintain parity (multi - family use) with the development of other lots in the vicinity. D -2. The granting of the Variance does not relieve the requirement to obtain required Building Permits and any corrective work deemed necessary by the Building Official. Finding: 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 Findin E -1. The abutting property to the rear is developed with a two -story, single - family residence and is not oriented toward the proposed project. The abutting residence is located at a higher grade than the subject property by approximately 3 feet. The side yard elevation of the abutting residence that faces the proposed project has only one second level window that faces the project. The window is frosted and does not appear to be in a bedroom or active living area. No privacy issues are anticipated with respect to this property. E -2. The side of an existing 2 -story apartment building is located to the north and second floor bedroom windows will be in close proximity to one another and the buildings will Planning Commission Resolution No. 1867 Paqe 4 of 8 be approximately 9 to 10 feet apart and given this separation, no significant privacy impact is expected. E -3 The lot to the south is developed with several single -story residential buildings and the project provides a side yard setback of slightly over 7 feet. These two factors avoid any significant impacts to this property. E -4 The Public Works Department has reviewed the proposed design and although vehicle maneuvering to the proposed tandem garage is not optimal, there is sufficient area for vehicles to use the garage and cars can use the paved area in the front yard to turn around to exit the site in a forward direction. E -5 The approval of this Variance is conditioned such that the applicant is required to obtain all necessary permits in accordance with the Building Code and other applicable Codes and to correct and complete the project diligently thereby eliminating a potential hazard to the area. Finding: 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 subject property is designated by the Land Use Element of the General Plan RM (Multiple -Unit Residential) with a maximum density of 43 dwelling units per acre which would allow a maximum of 6 units on the property. Approval of the Variance will facilitate a total of 2 units at the property, well below the maximum density allowed. F -2. The subject property is zoned RMD(1000), which provides for medium density residential development up to approximately 43 dwelling units per gross acre, including single - family (attached and detached), two- family, and multi - family residential uses. Approval of the Variance will facilitate a total of 2 units at the property, well below the maximum density allowed. F -3. The purpose of setback standards is to provide adequate separation of buildings for light, access and ventilation. The granting of the Variance will necessitate 5 -foot setbacks to the north and east and a 7 -foot setback to the west. Adequate separation from these adjoining properties will be maintained consistent with the intent of the Zoning Code. F -4. The subject property is not located within a specific plan area Planning Commission Resolution No. 1867 Paae 5 of 8 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2011 -011, 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. PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF JANUARY, 2012. AYES: Ameri, Kramer, Toerge, and Tucker NOES: Myers and Hillgren I.1:MrT111►1111l � ABSENT: None. BY: Micha er In airman BY: Fred Ameri, Secretary Planning Commission Resolution No. 1867 Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING 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). Variance No. VA2011 -011 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 project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. This Variance may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. 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. 7. 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 Voyer Variance including, but not limited to, the Variance No. VA2011 -011. 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 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. Planning Commission Resolution No. 1867 Page 7 of 8 8. The enclosed 4 -car garage as shown on the approved plans shall be available for the exclusive use of the residential occupants for parking purposes only. No conversion of the garage spaces to other use shall be allowed. The garage shall have a minimum interior width and depth of 19 feet and 37 feet respectively, unless reduced to meet minimum fire or sound transmission ratings in accordance with Condition Nos. 12 and 13. 9. The use of the new residential building shall be limited to one (1) dwelling unit and it shall not be modified or otherwise altered to increase the number of units. A restrictive covenant, approved as to form and content by the City Attorney, restricting the new residential building to (1) dwelling unit shall be recorded prior to the issuance of a Building Permit. Building 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. The applicant shall file for the necessary permits within 60 -days from the effective date of this permit. The applicant shall diligently correct and complete the constriction in accordance with the approved plans. 11. Existing undocumented and unpermitted construction shall be included within the proposed plans and said plans shall comply with current adopted codes. 12. Full, not partial, 1 -hour rated construction shall be provided between the garage and dwelling unit. 13. Sound transmission construction details and specifications between the garage and dwelling unit shall be provided on the plans and the details and specifications shall comply with current adopted codes. Fire 14. An automatic sprinkler system shall be installed in accordance with Section 903.3 of the California Fire Code and the sprinkler system shall be provided and maintained throughout the proposed new building (Group R fire area). Public Works 15. All on -site drainage shall comply with the latest City Water Quality requirements. Bottomless trench drains shall be installed on the private -side of the property line across the width of driveway to retain non -storm on -site runoff on -site. 16. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 17. All improvements shall comply with the City's sight distance requirement (See City Standard 110 -L.) Planning Commission Resolution No. 1867 Paoe 8 of 8 18. Each unit shall be served with individual gas and electrical service connection and shall maintain separate meters for utilities if required by service providers. 19. Each unit shall be served by its individual water service /meter and sewer lateral /cleanout if required by service providers. 20. Water service is provided by the Irvine Ranch Water District and sewer service is provided by the Costa Mesa Sanitary District. Work shall be performed in accordance with agency standards, requirements, and permitting /procedures. 21. The Santa Ana Avenue public right -of -way is within the County of Orange's jurisdiction. An approved County of Orange Public Works encroachment permit is required for all work activities within the public right -of -way. 22. The driveway, as proposed, shall be constructed and maintained free of barriers, such as trees, planters, etc. to allow vehicles to tun) around on -site and exist the site in a forward- facing direction onto Santa Ana Avenue. 23. The existing air conditioning condenser unit located near the southeast corner of the existing residence shall be removed or relocated outside the minimum necessary vehicle maneuvering area (as determined by the City Traffic Engineer) for the proposed 4 -car tandem garage. The removal or relocation of the air conditioning condenser shall be accomplished (with proper permits and inspection) prior to the issuance of a certificate of occupancy for the proposed new construction.