HomeMy WebLinkAbout201 Crystal Avenue - Ferrarini residenceCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
March 6, 2008
Agenda Item No. 2
SUBJECT: 201 Crystal Avenue (PA2007 -214)
Ferrarini Residence
• Variance No. 2007 -004
• Modification No. 2007 -078
APPLICANT: Brad Smith
PLANNER: Melinda Gondrez, Assistant Planner
(949) 644 -3221, mctondrez - city.newport- beach.ca.us
PROJECT SUMMARY
A variance is requested to permit the construction of a 1,760 square -foot, single - family
dwelling that exceeds the maximum permitted floor area limitation for the site (1,055
square feet). The request also includes a modification permit to allow the encroachment
of the dwelling into the required setbacks as follows: 15 feet into the required 20 -foot
front yard setback adjacent to Park Avenue; 1 foot into the required 3 -foot side yard
setback for the corner of the garage on the northeast side along Crystal Avenue; 7 feet
into the required 10 -foot rear yard setback; and 4 feet into the required reversed corner
6 -foot setback for the rear 20 feet of the northeasterly comer along Crystal Avenue.
RECOMMENDATION
Staff recommends that the Planning Commission approve Variance No. 2007 -004 and
Modification Permit No. 2007 -078, subject to the findings and conditions of the attached
draft resolution.
201 Crystal Ave. Variance
March 6, 2008
Page 2
LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON-SITE
Two - Family Residential
R -1.5 (Restricted Two-
Single - Family
RT
Family Residential )
Residence
NORTH
Two - Family Residential
R -1.5 (Two - Family
Two - Family
RT
Residential
Residence
SOUTH
Two - Family Residential
R -1.5 (Restricted Two
Single - Family
RT )
amil Residential )
Residence
EAST
Two - Family Residential
R -1.5 (Restricted Two-
Single - Family
RT
Family Residential )
Residence
WEST
Two - Family Residential
R1.5 (Restricted Two-
Single - Family
RT
Family Residential )
Residence
3
201 Crystal Ave. Variance
March 6, 2008
Page 3
INTRODUCTION
Project Setting
The subject property is located on the northwest corner of Park Avenue and Crystal
Avenue on Little Balboa Island. The subject property is comprised of Lot 27, Block 6 east
25 feet and east 25 feet Lot 28, Block 6 resulting in a 25' x 60' (1,500 square feet)
reversed corner lot. It appears that the unusual lot configuration occurred around the year
1935 before the Subdivision Map Act.' The subject property is smaller in size than lots in
the surrounding area. It is a reversed corner lot (a corner lot, the rear of which abuts the
side of another lot) that has a south to north orientation as opposed to the east to west
orientation of most of the lots in the block. Currently, the site is developed with a 985.5
square -foot, one -story single - family dwelling, which encroaches into the setbacks as
follows: 17 feet 6 inches into 20 -foot front yard; 2 feet into the 3 -foot east side yard
setback; and 7 feet into the 10 -foot rear yard. Off - street parking consists of a single,
enclosed parking space. Please see the reversed comer lot diagram below from the
Zoning Code.
Street
Normal Comer Side Yard Setback' - 0 "—{ — Front Yard Setback Lin (")V Feet)
Reversed Corner Lot
� \X
CD Interior Lot r
CD
0 0
r
0
Diagram 20.10.030 (G): Setbacks on Reversed Frontages
'A condition of project approval requires applicant to obtain a Certificate of Compliance (Condition No. 8).
5
201 Crystal Ave. Variance
March 6, 2008
Page 4
Proiect Description
The proposed project involves the demolition of the existing dwelling and the
construction of a new, two -story single - family dwelling with a total floor area of 1,560
square feet plus 200 square feet for a two -car garage. The first floor area will include a
living room, kitchen with a nook, guest bathroom, and two -car garage. The second floor
area will include a master bedroom with deck, a second bedroom, den /office, two
bathrooms, two closets, and a laundry. The proposed project also includes an open
roof deck with an exterior fireplace.
The applicant requests approval of a variance to exceed the maximum permitted floor area
limitation for the site with the proposed new single- family dwelling. Additionally, the request
is for a modification permit to allow the encroachment of the new, single - family dwelling
into the required setbacks.
DISCUSSION
Analysis
General Plan
The Land Use Element of the General Plan designates the subject property for Two -unit
Residential (RT) uses. The RT category applies to a range of two- family residential
dwelling units such as duplexes and townhomes, but also permits single - family
dwellings.
Local Coastal Plan
The Coastal Land Use Plan designates the subject property as High Density Residential
(RH -A), 20.1 -30 Dwelling Units /Acre. Single- family dwellings are permitted within this
designation.
The subject property is located within the Categorical Exclusion Order area, which
excludes most single - family and two- family residences and their appurtenant facilities
from the coastal development permit provisions of the Coastal Act; however, the
proposed project exceeds the maximum floor area limit of the Categorical Exclusion
Order. Therefore, the applicant will be required to obtain a coastal development permit
or coastal development permit waiver issued by the Coastal Commission prior to the
issuance of building permits.
Zoning Code
The subject property is located within the R -1.5 (Restricted Two - Family Residential)
Zoning District. The R -1.5 District allows for single - family dwelling units. The proposed
project will conform to all the required zoning regulations of the R1.5 zoning district, with
4
201 Crystal Ave. Variance
March 6, 2008
Page 5
the exception of the increased floor area requested and the encroachment into the
required setbacks requested.
Floor Area Variance
The Zoning Code permits structures within the R -1.5 District to have a total gross floor
area equal to 1.5 times the buildable area. The buildable area of a lot is the lot area
minus the area of required setbacks. Section 20.10.030(M) 2 of the Zoning Code
excludes 200 square feet of floor area used for enclosed parking of two or more spaces
within the R -1.5 District from the calculation of the gross floor area. Using this formula,
the maximum allowable gross floor area for the subject lot is 855 square feet plus 200
square feet for an enclosed garage for a total of 1,055 square feet. The proposed
single - family structure has a floor area of 1,560 square feet and a 200 - square foot
garage (1,760 gross sq. ft.). Table 1 shows how the development standards impact the
floor area to land area ratios for the subject lot and other lots in the vicinity.
Table 1 Pro a Develop ment Standards Comparison
(1) Excluding the 200 square feet floor area exception for providing two or more enclosed parking spaces
within the R1.5 District.
Applying standard setbacks to a property the size of the subject property results in a
significantly reduced buildable area and thus less allowable floor area; however, the
irregular south to north orientation of the lot triggers the application of a default 20 -foot
a ibject Lot
=
Tpjateat Lot
in the:! flock
Proposed
Front Setback (Rack):
20 ft.
6 ft.
5 ft. 4 in.
SI&Setback
3' & reversed
3' to 5' and 2' @comer of
(Grystat)
corner 6' for
3 ft.
garage -First Floor and
-
rear 20'
Tto 4'- Second Floor
Side Setback (!Nest)
3 ft.
3 ft.
3 ft.
Rear 3otback
loft
5 ft. (alley)
3 ft.
_. Gross Lot Area
1,500 sq. ft.
2,550 sq. ft.
No change
Buildable Area
570 sq. ft.
1,776 sq. ft.
No change
Maxiniu''rh Floor Area
(Buildable Area x
855 sq. ft.
2,664 sq. ft.'
1,560 sq. ft'
1.5
Floor Area to tied
0.57
1.04
1.04
Area''IZatio`
(1) Excluding the 200 square feet floor area exception for providing two or more enclosed parking spaces
within the R1.5 District.
Applying standard setbacks to a property the size of the subject property results in a
significantly reduced buildable area and thus less allowable floor area; however, the
irregular south to north orientation of the lot triggers the application of a default 20 -foot
201 Crystal Ave. Variance
March 6, 2008
Page 6
minimum front setback. This is an unusually large setback for not only the subject
property, but for a typical lot within the block and for Balboa Island. The rear property
line is not adjacent to an alley as most typical lots are within the block and throughout
Balboa Island; therefore, the required rear yard setback is 10 feet instead of 5 feet.
Strict application of these default setbacks on this small lot results in increased rear
setback area (250 sq. ft.) and front setback area (500 sq. ft.) as compared to the rear
setback area (150 sq. ft.) and front setback area (180 sq. ft.) of the larger, typical lots
within the block. The increased rear and front setback areas combined with the smaller
lot size results in what may be a disproportionate reduction in buildable area.
On prior occasions, the Planning Commission has used a true "floor area to lot area
ratio" (FAR) to determine an appropriate floor area for similar variance requests for
unusually sized and oriented lots. Strict application of the Zoning Code requirement of
the 1.5 floor area limit to the subject site allows a maximum of 855 gross square feet,
which results in a FAR of 0.57. The FAR of a typical lot within the block is 1.04. The
applicants requested variance to exceed the 1.5 floor area limit with a single - family
dwelling that has a gross floor area of 1,560 square feet (excluding the 200 square feet
floor area exception for providing two enclosed parking spaces) results in a 1.04 FAR,
which is consistent with the typical lots within the vicinity (block). The proposed structure
woild not be out of proportion to the other dwellings within the immediate neighborhood
and throughout Balboa Island.
The following table provides details of recent variances granted:
Table 2 Floor Area Variance Comparisons
1) Per Section 20.10.030(M) 2 of the Zoning Code, 200 square feet of floor used for enclosed parking of
two or more spaces within the R1.5 District shall not be included in the calculation of the gross floor area.
(2) Subject to a variance for the increased floor area.
no
201 Crystal Ave.
201A ena = `
224 Abalone
212 Cry
subject
200_ --
2002
2007
Gross Lot
1,500 sq. ft.
2,400 sq. ft.
1,500 sq, ft.
2,406.9 sq. ft.
Buildable'Area :'s
570 sq. ft.
950 sq. ft.
570 sq. ft.
1609.6 sq. ft.
Alaxlmum Floor
Area
855 sq. ft.
1,625 sq. ft.
,
855 sq. ft.
2,414 sq.ft.
1,560 sq. ft. +200
2,295 sq. ft. +200
1,505.50 sq ft. +
2,458 sq, ft. +200
Floor Area _a '
sq ft2
sq. ft. x
200 sq. ft. =
sq. ft. a
ft.
P
Variance'
Variance
=1,760 sq. ft.
=2,495 sq.
1,705.5 sq. ft.
= 2,658 sq.
(Proposed)
ft.(VA2002 -001)
(VA2002 -007)
ft.(VA2006 -001)
Floor Area to
Land Area Ratio
1 1.04
1.04
1.004
1.02
1) Per Section 20.10.030(M) 2 of the Zoning Code, 200 square feet of floor used for enclosed parking of
two or more spaces within the R1.5 District shall not be included in the calculation of the gross floor area.
(2) Subject to a variance for the increased floor area.
no
201 Crystal Ave. Variance
March 6, 2008
Page 7
Variance Findings
Chapter 20.91 of the Zoning Code requires the Planning Commission to make certain
mandatory findings should approval of a variance request be desirable. These findings
and facts in support of these findings are discussed below.
1. 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 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. That the granting of the application is necessary for the preservation and enjoyment
of substantial property rights of the applicant.
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. 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 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. 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.
0
201 Crystal Ave. Variance
March 6, 2008
Page 8
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
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.
Modification Permit
The applicant also requests a modification permit to allow the encroachment of the new
single - family dwelling into the required setbacks. The unusual orientation of the subject
property triggers the requirement by the Zoning Code for default setbacks that are
intended for larger -sized lots and furthermore, are not required for the typical lot
throughout Balboa Island.
Front Yard Encroachment
The applicant is requesting a 5 -foot 4 -inch front yard setback adjacent to Park Avenue.
The request is reasonable due to the extremely short depth of the lot, which is 60 feet
(typical lot within the vicinity is 85 feet). 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.
East Side Yard Encroachment and Reversed Comer Encroachment
The proposed corner of the garage will encroach 1 foot into the 3 -foot side setback along
Crystal Avenue and is necessary to create the minimum required interior two-car garage
parking dimensions of 17 feet 6 inches by 19 feet. The second floor will maintain the 3 -foot
setback along Crystal Avenue.
The proposed garage will encroach 4 feet into the 6 -foot required reversed corner setback.
As with the encroachment into the required side yard 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.
Rear Yard Encroachment
The applicant proposes a 7 -foot encroachment into the required 10 -foot rear yard setback.
The request is reasonable due to the extremely short depth of the lot. The encroachment
consists of the garage on the first floor and a bedroom on the second floor. The first -floor
garage encroachment is necessary, as with the encroachment into the side yard and the
Ib
201 Crystal Ave. Variance
March 6, 2008
Page 9
reversed corner setback, to create the minimum required two -car garage spaces that is a
crucial development standard in this neighborhood where on- street parking is limited. The
proposed 3 -foot rear setback for the second floor is intended to match the standard 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.
The table below provides a summary of similar encroachment requests that have been
authorized in the area.
Table 3 Comparative Setback Modifications
Property.'.
Front $etbadk
Side Set1actr
Rear.Settiack W
Required
Approved
Required
Approved
Required
Approved
3' east
3' east
224Abalone Ave.
3' Abalone
3' Abalone
6-10" 1s'
(MD2002 -103)
20'
4'
5' for
3'
10'
fir
reversed
reversed
5' 2ntl fl
comer
corner
3'
201Apolena Ave.
T Apolena
3'
(MD2002 -032)
20'
5'
10' for
10'
N/A
N/A
reversed
Apolena
comer
1608 Park Ave.
N/A
N/A
N/A
N/A
10'
1'
(UP # 436)
1610 Park Ave.
N/A
N/A
N/A
N/A
10'
0'
(UP # 612)
1704 Park Ave.
N/A
N/A
N/A
N/A
10'
2'
(VA # 831)
Chapter 20.91 of the Zoning Code requires the Planning Commission to make certain
mandatory findings should approval of a modification request be desirable. These findings
and facts in support of these findings are discussed below.
Modification Permit Findings
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:
201 Crystal Ave. Variance
March 6, 2008
Page 10
• 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 corner 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
corner 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 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.
3. 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
1i
201 Crystal Ave. Variance
March 6, 2008
Page 11
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 setbacks on the first and second floor to meet the
Residential Design Criteria.
■ All site distance requirements will be met for the Public Works Department.
Alternatives
The Commission has the option to deny the request if it is found that the applications
are inconsistent with the purpose and intent of the Zoning Code or that the project might
prove detrimental to the area. Denial would allow construction of a 1,055 square -foot
residence with the Zoning Code required setbacks. The Commission also has the option
to propose a revised project that contains altered amounts for gross floor area and
setback encroachments.
Environmental Review
The project qualifies for a Categorical Exemption pursuant to Section 15303 (New
Construction or Conversion of Small Structures) and Section 15305 (Minor Alterations
of Land Use Limitations) of Article 19, Categorical Exemptions of the California
Environmental Quality Act as the proposed project is one, single - family residence in a
residential zone that contains no environmentally significant resources on site.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site including the applicant, and posted on the
subject property at least 10 days prior to this hearing consistent with the provisions of
the Municipal Code. Additionally, the item was shown on the agenda for this meeting,
which was posted at City Hall and on the City website.
13
Prepared by:
Submitted by:
201 Crystal Ave. Variance
March 6, 2008
Page 12
Melinda Gondrez, sista Planner Planning Director, P ing Director
Exhibits:
1. Draft Resolution and Conditions
2. Exhibit 2 Lot Comparison Diagram
3. Project Plans
F:\Users\PLN\Shared\PA's\PAs - 2007\PA2007- 214 \VA2007- 004andMD2007- 078pert.doc
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