HomeMy WebLinkAboutExhibit No. 1Exhibit 1
Draft Resolution and Conditions
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RESOLUTION NO.
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 into the 20 -foot front yard setback adjacent to Park
Avenue; 15 feet into the 20 -foot front yard setback adjacent to Park Avenue with a 1 -foot portion
of a deck (southeast corner above living room); 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 April 17, 2008 in the City Hall Council
Chambers, at 3300 Newport Boulevard, Newport Beach, California. 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
comer lot, where there is reversed frontage, shall not be less than the front yard
required on the adjacent reversed frontage.
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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 because of special circumstances applicable to the property, including
size, shape, topography, location or surroundings, the strict application of this code
deprives such property of privelages enjoyed by other property in the vicinity and
under identical zoning classification.
Facts in Support of Finding: The reversed corner lot creates special circumstances
that restrict the maximum floor area allowed on the lot that exist on a typical -sized and
oriented lot within the block and throughout Balboa Island. The reversed corner lot with
the strict application of the Zoning Code required setbacks, which are greater than
those on other lots in the vicinity, disproportionately reduces the buildable area of the
subject site compared to lots within the block and the R -1.5 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 and floor area ratio of 0.57. Strict
application of the Zoning Code would deprive the property rights of the applicant to
develop a single - family dwelling with a reasonable amount of square footage that is
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
other single - family residences that comply with development regulations in the
immediate vicinity and throughout the neighborhoods of Balboa Island. The proposed
floor area of approximately 1,537 square feet (excluding the 200 square -foot credit)
results in a FAR of 1.025, which 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 minimum required 3 -foot side yard setback
immediately adjacent to the existing residence to the west will be maintained; this and
variations in the mass of the first floor and the second floor will allow air and light for
the adjacent property on the west side. Therefore, the granting of the floor area
variance for the proposed dwelling would not adversely affect the health or safety of
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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 1,500 square -feet, and oriented differently than nearby lots, a
reversed corner lot 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.
Typical lots on Balboa Island have front yard setbacks ranging from 5 feet to 10 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 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 reasons:
• The 6 -foot front yard setback is within the range of the 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 average depth of the front yard setbacks along the north side of Park Avenue is 6
feet; furthermore, 6 feet is the required front yard setback for the typical lot along
Crystal Avenue, which is also within the range of required front yard setbacks for all of
Balboa Island.
■ The portion of the second floor deck proposed to extend to within 5 feet from the front
property line is requested by the applicant and will provide an additional variation to
the mass of the second floor, which is encouraged by the General Plan.
■ 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 17 feet 6 inches by 19 feet interior dimensions required for a two -car
garage parking space.
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■ The proposed garage will encroach 4 feet into the 6 -foot reversed corner 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 requiring 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 will 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 requested encroachments are consistent with development in the immediate
neighborhood and throughout Balboa Island. Concerns with the provision for
adequate light and air on an adjacent property have been addressed with the
revised design that creates a greater front yard setback than originally proposed
and reduced architectural mass adjacent to the westerly neighbor.
■ The granting of the application will enable the proposed single - family dwelling to
create variations in mass on the first floor and the second floor which are
encouraged by the General Plan.
■ 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 ".
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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.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF April 2008.
AYES:
NOES:
ABSENT:
Robert Hawkins, Chairman
BY:
Bradley Hilgren, Secretary
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Planning Commission Resolution No. _
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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 April 1, 2008. (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 17 feet 6 inches wide by 19 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 parking spaces for the R -1.5 District, shall not
exceed 1,737 square feet.
6. The new single - family structure shall maintain the following minimum setbacks: 6 feet 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 corner
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 new deck extension from the master bedroom above the living room in the southeast
corner of the new structure shall provide a minimum 5 -foot setback to the front property
line adjacent to Park Avenue. The deck railing shall only encroach a maximum 6 inches,
as permitted by the Zoning Code, into the required 3 -foot side yard setback along Crystal
Avenue.
8. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
9. 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 201 Crystal Avenue as one parcel for a single
development.
10. Prior to the issuance of a building permit, the applicant shall pay any unpaid
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administrative costs associated with the processing of this application to the Planning
Department.
11. 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.
12. 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.
Buildinq Department Conditions
13. 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.
14. Project foundation and slab design shall mitigate liquifaction.
15. The top of slab elevation shall be at 8.67 NAVD minimum due to special flood hazard
zone.
16. 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
17. 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.
18. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
19. 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.
20. All improvements shall comply with the City's sight distance requirement (intersections
and driveways). See City Standard 110 -L.
21. All proposed /existing private non - standard improvements within the public- right -of -way
requires an Encroachment Permit, if applicable.
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22. All on -site drainage shall comply with the latest City Water Quality requirements.
23. Driveway approach bottom shall not exceed 20 feet wide for a two -car garage.
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