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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 8 inches into the 20 -foot front yard setback adjacent to
Park Avenue; 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 comer along Crystal Avenue; and
WHEREAS, a public hearing was held on March 6, 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
corner 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 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.
Facts in Support of Finding: 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. 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 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. 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
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. 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 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
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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.
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 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 comer
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 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 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
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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 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 stepbacks on the first and second floor to meet the
Residential Design Criteria.
■ 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 Pen-nit No. 2007 -078 subject to the Conditions set forth
in Exhibit "A ".
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.
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PASSED, APPROVED AND ADOPTED THIS 6th DAY OF MARCH 2008.
AYES:
NOES:
ABSENT:
L�
Robert Hawkins, Chairman
BY:
Bradley Hilgren, Secretary
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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 with the date of this approval. (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 pacing spaces for the R -1.5 District, shall not
exceed 1, 760 square feet.
6. The new single - family structure shall maintain the following minimum setbacks. 5 feet 4
inches 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 comer 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 project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
8. 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.
9. 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.
10. 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
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control and transportation of equipment and materials shall be conducted in accordance with
state and local requirements.
11. 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.
Building Department Conditions
12. 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.
13. Project foundation and slab design shall mitigate liquifaction.
14. The top of slab elevation shall be at 8.67 NAVD minimum due to special flood hazard
zone.
15. 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
16. 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.
17. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
18. 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.
19. All improvements shall comply with the City's sight distance requirement (intersections
and driveways). See City Standard 110 -L.
20. All proposedlexisting private non - standard improvements within the public-right -of -way
requires an Encroachment Permit, if applicable.
21. All on -site drainage shall comply with the latest City Water Quality requirements.
22. Driveway approach bottom shall not exceed 20 feet wide for a two -car garage.
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