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HomeMy WebLinkAbout627 West Bay Ave (PA2008-080)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 7, 2008 Meeting Agenda Item 3 SUBJECT: 627 West Bay Avenue (PA2008 -080) • Parcel Map No. NP2008 -012 • Code Amendment No. CA2008 -001 APPLICANT: Fritz Duda, Housing Resources LLC Knitter and Associates, Phillip Budovec, Director of Architecture PLANNER: Kay Sims, Assistant Planner (949) 644 -3237, ksimsecity.newport- beach.ca.us PROJECT SUMMARY The applicant is requesting to re- subdivide two lots which currently have frontages on 7th Street so that each proposed lot would have frontage on West Bay Avenue. The applicant also requests an amendment to Districting Map No. 10, reducing the Zoning Code required front yard setback along West Bay Avenue. The re- subdivision of the existing lots is not consistent with policies within the General Plan and Coastal Land Use Plan related to alley access and curb cuts for new development. Project implementation requires: • Tentative Parcel Map to re- subdivide the two existing lots. • Code Amendment to modify Districting Map No. 10 to establish a reduced front yard setback for each proposed lot. RECOMMENDATION Staff recommends the Planning Commission deny the application for Parcel Map No. NP2008 -012 and Code Amendment No. CA2008 -001 per the attached draft resolution (Exhibit 1). 627 West Bay Avenue (PA2008 -080) August 7, 2008 Page 2 VICINITY MAP II GENERAL PLAN I ZONING II E i ui�aa�w BE Sin t 7 z zi 3 ft2 - �� , � �C t ON-SITE Two -Unit Residential (RT) Two- Famillyy Residential Two -unit residence NORTH Single -Unit Residential RS -D Single -Unit Residential R -1 Single -unit residences SOUTH RS -D R -1 Single -unit residences EAST RT R -2 Two -unit residences WEST RS -D R -1 Single -unit residences 5 627 West Bay Avenue (PA2008 -080) August 7, 2008 Page 3 Project Settina The subject property consists of two legal, rec tangular- shaped lots located on the southeast corner of the intersection of 7th Street and West Bay Avenue. Each property within this block currently has frontage on 7th Street, and vehicular access is provided from the 10- foot -wide alley at the rear of the property. Properties located within the blocks to the east across the alley have frontage on West Bay Avenue or West Balboa Boulevard, and are also provided vehicular access via the 10- foot -wide alley. The subject property is currently developed with a single - family residence located across both lots, and a second unit over a separate two -car garage facing the alley at the rear of the interior lot. The property is located within the Coastal Zone. Project Description The applicant is requesting to re- subdivide the two existing lots so that each proposed lot has frontage on West Bay Avenue. Each lot would be developed with a single - family residence. Vehicular access for Parcel 1 would be provided from 7th Street, and Parcel 2 would have vehicular access via the 10- foot -wide alley adjacent to the easterly side property line (Exhibit 5, Project Plans). A parcel map is required to re- subdivide the existing lots so that each proposed lot has frontage on West Bay Avenue. Although each of the proposed lots would have a lot area the same as each of the existing lots (2100 square feet), front and rear yard setbacks required by the Zoning Code must be applied to the proposed lots (Exhibit 2, Setbacks required by Zoning Code). Application of these setbacks would result in lots with smaller buildable areas than the existing lots. Since a reduction in the required front yard setback would increase the buildable area of each proposed lot, the applicant is requesting a code amendment to modify Districting Map No. 10 to reduce the Zoning Code required 20- foot front yard setback along West Bay Avenue to 5 feet (Exhibit 2, Proposed Lots). Analysis Consistency with the General Plan and Coastal Land Use Plan The Land Use Element designates the site as Two -Unit Residential (RT). The proposed re- subdivision and development of one single - family residence on each parcel is consistent with this designation. The existing and proposed lots are designated Medium Density Residential (RM -C) in the Coastal Land Use Plan (CLUP). Development of a single - family residence on each proposed lot is consistent with this designation. The proposed re- subdivision design is inconsistent with the following development policies of the Circulation Element of the General Plan and the Land Use and Development Chapter of the CLUP: 5 627 West Bay Avenue (PA2008 -080) August 7, 2008. Page 4 Curb Cuts (CE7.1.11), (CLUP2.9.3.10): "Require new development to minimize curb cuts to protect on- street parking spaces. Close curb cuts to create on street parking spaces wherever feasible." Vehicular access for Parcel 1 would be provided from 7th Street or West Bay Avenue. Proposed development of Parcel 1 with a single - family residence would result in the loss of at least one on- street parking space. Since Parcel 1 is zoned R -2, development of a two -unit residence could require a wider curb cut (to 32 feet) and loss of at least two on- street parking spaces. This would result in the loss of at least one or more on- street parking spaces available within the area, and decreasing the available on- street parking spaces within the Coastal Zone. Alley Access (CE7.1.12), (CLUP2.9.3.11): "Require alley access to parking areas for all new development in areas where alley access exists." The subdivision design of the existing lots provides vehicular access to each lot via the 10- foot -wide alley at the rear of the lots (Exhibit 2, Existing Lots). The proposed re- subdivision design would require proposed Parcel 1 to provide vehicular access from 7th Street or West Bay Avenue (Exhibit 2, Proposed Lots). The re- subdivision design of the existing lots would provide alley access for only one of the lots. The lack of alley access would result in at least one new curb cut and the loss of at least one, and possibly more on- street parking spaces. Re- subdivision of the existing lots would preclude development of the proposed lots in a manner consistent with the parking and alley access policies of the General Plan and CLUP. Consistency of the Subdivision Code and Zoning Code Parcel Map Application The applicant is requesting approval of a parcel map to re- subdivide two existing lots so that each proposed lot would have frontage on West Bay Avenue. Pursuant to Section 19.12.070 of the Subdivision Code (Title 19), eleven standard findings must be made in order to approve the Parcel Map (Exhibit 6). In addition to the standard findings for parcel map approval, findings must be made in order to deviate from the minimum lot width and minimum lot size requirements of the Zoning Code (Table 1). Table 1: Standard R -2 Property Development Re ulations 1000sgft 2100sg Mot * 2100sgft* 2100sgft 5000 sq ft 2100 sq It ' N/A NIA 6000 sq ft 2100 sq ft NIA _-N[A i 50 ft 30 ft WA 35 ft 6o ft 30 It 35 ft NIA *One unit or000sed. however. two units can be developed. O 627 West Bay Avenue (PA2008 -080) August 7, 2008 Page 5 If the Planning Commission determines that one or more of the required findings in relation to the proposed Parcel Map cannot be made, the application for the map must be denied pursuant to Section 19.12.070.13 (Denial if Findings Not Made). The following three findings cannot be made: • Section 19.12.070.A.1 (Required Findings for Action on Tentative Maps) and Section 19.24.130.0.5 (Deviation from Design Standards, Required Findings to Allow Deviation): "That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code." • Section 19.12.070.A.11 (Required Findings for Action on Tentative Maps): "For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program, and where applicable, with public access and recreation policies of Chapter Three of the Coastal Act." As stated previously, policies relating to alley access and curb cuts in the General Plan and CLUP require new development to minimize curb cuts to protect on- street parking spaces, and require alley access to parking areas where alley access exists. Each of the existing lots provides vehicular access from the alley at the rear of the properties. The proposed re- subdivision design does not provide proposed Parcel 1 alley access. Vehicular access must be provided from 7th Street or West Bay Avenue. Providing this access from either of the streets would require at least one new curb cut resulting in the loss of at least one on- street parking space. • Section 19.24.130.C.6 (Deviation from Design Standards, Required Findings to Allow Deviation): `The resulting subdivision design and improvements will not be materially detrimental to the residents or tenants of the proposed subdivision or surrounding properties, nor to public health or safety." Development of proposed Parcel 1 would require removal of at least two existing street trees. This would be inconsistent with provisions of Chapter 13 of the Newport Beach Municipal Code (Streets, Sidewalks, and Public Property) requiring all City street trees to be protected in place. Proposed Parcel 2 would have a required 3 -foot side yard setback along the 10 -foot- wide alley (Exhibit, Proposed Parcels). This side yard setback would be 2 feet narrower than the 5 -foot rear yard alley setback provided on the existing lots. The Zoning Code permits walls and fences to be 6 -feet high within side yard setbacks and along side property lines. Additionally, the proposed Parcel Map cannot be conditioned to prevent construction of a building to the 3 -foot setback line or require that a 5 -foot setback to the alley adjacent to the garage be maintained. Each existing lot provides the 5 -foot rear 627 West Bay Avenue (PA2008 -080) August 7, 2008 Page 6 yard alley setback required by the Zoning Code, which provides easier maneuverability through the narrow, 10 -foot -wide alley at the rear of the existing lots. Approving the proposed re- subdivision design would result in development that is inconsistent with the stated goals and policies of the General Plan and CLUP related to alley access and curb cuts. The proposed re- subdivision design would be detrimental to the residents of the subject property and surrounding properties. Code Amendment The request for a code amendment to modify Districting Map No. 10 should be considered only if the Planning Commission determines that the findings required for approval of the proposed Parcel Map can be made. As previously discussed, the proposed re- subdivison would result in lots with smaller buildable areas than the existing lots (Exhibit 2). The applicant is requesting a code amendment to modify Districting Map No. 10 to reduce the Zoning Code required 20- foot front yard setback along West Bay Avenue to 5 feet. Portion of Districting Map No. 10 Per the Zoning Code (Chapter 20.94.010): "amendments to the code can be made whenever the public necessity and convenience and the general welfare require such amendment." 30 627 West Bay Avenue (PA2008 -080) August 7, 2008 Page 7 Since 9 and 10 feet are the most common front yard setbacks established by Districting Map No. 10 with frontages along West Bay Avenue, staff concludes approving a 9 -foot front yard setback would be more appropriate than the 5 -foot front yard setback requested by the applicant. Alternatives 1. If the Planning Commission concludes that there are facts to support findings for approval of the proposed Parcel Map, it may then consider the proposed Code Amendment to modify Districting Map No. 10 to reduce the front yard setback along West Bay Avenue. 2. The Planning Commission can deny the Code Amendment and require application of the Zoning Code required 20 -foot front yard setback along West Bay Avenue. 3. The Planning Commission can approve the proposed Code Amendement to reduce the front yard setback to 5 feet, as proposed. 4. The Planning Commission can approve an alternative front yard setback Summary The existing subdivision design with each lot having frontage on 7`h Street is preferred. Development of each existing lot would be consistent with the policies and goals of the General Plan and CLUP. Since vehicular access is provided via the 10- foot -wide alley at the rear of each lot, the existing on- street parking spaces and street trees would be maintained. Development of the existing lots would not create any detriment to the residents of the property or surrounding properties, nor to public health or safety. The facts do not support the making of the findings required to approve the proposed Parcel Map. Approving the proposed Parcel Map re- subdivision design would allow development that is inconsistent with policies and goals stated in the General Plan and CLUP related to alley access and curb cuts. Approving proposed Parcel 1 would result in a lot without alley access, development requiring a new curb cut to provide street access, and loss of at least one on- street parking space and two existing street trees. If approved, proposed Parcel 2 would result in development which could create difficulty maneuvering through the existing 10- foot -wide alley at the rear of the subject block. The proposed re- subdivision design and development would be detrimental to future residents of the property and residents of the surrounding properties. Environmental Review This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or I 627 West Bay Avenue (PA2008 -080) August 7, 2008 Page 8 Conversion of Small Structures) and Class 5 (Minor Alterations In Land Use Limitations). 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. Prepared by: Submitted by /6-1 , � Kay Si s, Assistant Planner EXHIBITS 1. Draft resolution 2. Setbacks /Buildable Area Exhibits 3. Required Findings 4, Photos 5. Project Plans David Lepo, Plan ' g Director F.WsersIPLMSharedlPA'sIPAs- 20081PA2008-0804CA2008 -008 NP2008- 092St6pt- drafti.doc I Exhibit No. 1 1� RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING PARCEL MAP NO. 2008- 012 AND ZONING CODE AMENDMENT NO.2008 -001 FOR DEVELOPMENT OF PROPERTY LOCATED AT 627 WEST BAY AVENUE (PA 2008 -080) WHEREAS, an application was filed by Phillip Budovec, Knitter and Associates, on behalf of Fritz Duda, Housing Resources, LLC with respect to property located at 627 West Bay Avenue, and legally described as Lots 14 and 15, Block 4, East Newport Tract, requesting approval of a Parcel Map to re- subdivide the existing lots so that each proposed lot would have frontage on West Bay Avenue, and an amendment to Districting Map No. 10 to establish a reduced front yard setback for each proposed lot. WHEREAS, a public hearing was held on August 7, 2008 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 Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the Planning Commission finds as follows: 1. The proposed Parcel Map would result in development that is inconsistent with the stated goals and policies of the General Plan related to alley access and curb cuts. The re- subdivision design and development of proposed Parcel 1 would require that vehicular access be provided from either 7th Street or West Bay Avenue. At least one new curb cut would be required. This would result in the loss of at least one or more on- street parking spaces. 2. The proposed Parcel Map re- subdivision design would result in development that is inconsistent with the stated goals and policies of the Coastal Land Use Program related to alley access and curb cuts within the Coastal Zone. Development of proposed Parcel 1 would require at least one new curb cut. This would result in the loss of at least one or more on- street parking spaces, decreasing the available on- street parking spaces within the Coastal Zone. 3. The proposed re- subdivision design would be detrimental to the residents of the subject property and surrounding properties since development of proposed Parcel 1 would require the removal of two existing City street trees. Development of proposed Parcel 2 would result in development which could create difficulty maneuvering through the existing 10- foot -wide alley at the rear of the subject block. Planning Commission Resolution No. Page 2 of 8 NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby denies Parcel Map No. NP2008 -012 and Code Amendment No. CA2008 -001. 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 7t' DAY OF August, 2008. BY: Scott Peotter, Chairman L-" Barry Eaton, Secretary U EXCUSED: Exhibit No. 2 0 BAY AVE W 5' - r ti 1 9' 10' 10' Exhibit 2 627 Bay Ave W (PA2008 -080) 626 _Bay_Ave_W_Setbadc_Analysis.mxd July /2008 Q 1� Exhibit No. 3 ►k 19.12.070 Required Findings for Action on Tentative Maps (66412.3, 66473 et seq.) A. Required Findings for Approval. In approving a tentative tract map or tentative parcel map, the decision- making body shall make all of the following findings: 1. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. 2. That the site is physically suitable for the type and density of development. 3. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 5. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. at 6. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. 7. That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision - making body finds that the proposed land project is consistent with the specific plan for the area. 8. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. 9. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. 10. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. 11. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. B. Denial if Findings Not Made. If the decision - making body determines that one or more of the findings listed in Paragraph A of this Section cannot be made, the tentative tract or parcel map shall be denied. 19.24.130 Deviation from Design Standards A. Modified Standards Per Title 20 Provisions. Notwithstanding other requirements of this Section, the tentative map decision - making as body may approve projects with different design standards than set forth in this Chapter if it determines that such modified designs are specifically permitted pursuant to the provisions of planned community, planned residential development, specific plan, or other regulations set forth in Title 20 (Zoning Code). B. Subdivider Justification * Proposed deviations from the standards of design contained in this Chapter shall be identified by a note on the face of the tentative map. The subdivider shall submit evidence of justification for each requested design deviation. Special circumstances which may be cited to justify a deviation from design standards include, but are not limited to, arguments that physical or topographical constraints make the design infeasible, that the design standard would create results contrary to the purposes of the City's design or improvement requirements, or that the design standard would impose a burden on the subdivider not imposed on comparable subdivisions. C. Required Findings to Allow Deviation. A deviation from any of the design standards set forth in this Chapter may be approved by the tentative map decision - making body if it makes all of the following findings: 1. The requested deviation(s) will create a land plan or development design equal or superior to that under the baseline design standards in this Chapter; 2. The deviation(s) will not negatively impact the carrying capacity of the local vehicular circulation network; 3. The deviation(s) will not negatively impact pedestrian circulation; 4. The resulting subdivision will be compatible with the pattern of surrounding subdivisions; 5. The resulting subdivision design and improvements will be consistent with the General Plan and any applicable specific plan, and will conform to the Subdivision Map Act and all other provisions of this Subdivision Code. 6. The resulting subdivision design and improvements will not be materially detrimental to the residents or tenants of the proposed subdivision or surrounding properties, nor to public health or safety. Exhibit No. 4 ,;; �_ ,, _. -. a �` � � r Exhibit No. 5