HomeMy WebLinkAbout2.0_Alternative Setback Determination_PA2012-015CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
AprilS, 2012 Meeting
Agenda Item 2
SUBJECT: Alternative Setback Determination - (PA2012 -015)
211 Orchid Avenue
• Staff Approval No. SA2012 -002
APPLICANT: Robert Hales
PLANNER: Kay Sims, Assistant Planner
(949) 644 -3237 or Ksims @newportbeachca.gov
PROJECT SUMMARY
The applicant is requesting an alternative setback determination for property located at 211
Orchid Avenue. The original request was for the following:
• Front - 10 feet (adjacent to Orchid Avenue)
• Side — 8 feet (adjacent to 3528 Ocean Boulevard)
• Side — 5 feet (adjacent to alley)
• Rear — 4 feet (opposite Orchid Avenue)
On March 8, 2012, the Planning Commission conducted a public hearing for the subject item and
then continued it to AprilS, 2012, to allow staff to meet with the applicant to develop additional
alternative setbacks for them to consider. This report supplements the March 8, 2012, staff report
and includes discussion of the additional alternative setbacks. The applicant's alternative is as
follows:
Front — (adjacent to Orchid Avenue) - 20 feet (from alley 28 feet), 10 feet (65 feet)
Side — 5 feet (adjacent to alley)
Side — 4 feet (adjacent to 3528 Ocean Boulevard)
Rear — (opposite Orchid Avenue) — 4 feet (from alley 28 feet), 7 feet (65 feet)
RECOMMENDATION
1) Conduct a public hearing; and
2) Approve Staff Approval No. SA2012 -002 with the attached Resolution and Alternative
Setback Determination letter (Attachment No. PC 1) that would establish the following
recommended setbacks:
• Front - 20 feet (adjacent to Orchid Avenue)
• Side - 4 feet (adjacent to 3528 Ocean Boulevard)
• Side - 5 feet (adjacent to alley)
• Rear - 4 feet (opposite Orchid Avenue)
Alternative Setback Determination
211 Orchid Avenue
April 5, 2012
Page 2
VICINITY MAP
r
ML
r N•
f • Subject Property I B
P rl
4�
CA 2
'�. \ ., r 'may ^ °• �' ��> +;� \< )�:
® 16
1W
Air
GENERAL PLAN ZONING
Subject '4 FSubject Property Sa ' $ ' erty \ ,'d\ •f
3\ \\
41 'dP
RS .0 jS by .f �` R "1 �,��. •�d �b
y \\
t '
' � �4 .- aJF� '; •. '� - �O alp
Ob
un '° ,dfoe 4
\ �i v r
LOCATION GENERAL PLAN ZONING
RS -D
ON -SITE (Single -Unit Residential R -1
Detached (Single -Unit Residential)
NORTH RS -D R -1
SOUTH RS -D R -1
EAST RS -D R -1
CURRENT USE
Single -Unit Dwelling
Sin le -Unit Dwellin s
Sin le -Unit Dwellin s
Sin le -Unit Dwellin s
Alternative Setback Determination
211 Orchid Avenue
April 5, 2012
Page 3
BACKGROUND
On March 8, 2012, the Planning Commission conducted a public hearing and reviewed
the applicant's request and staffs recommendation for alternative setbacks. During the
public comment period, the applicant and owners of the subject property presented
information and spoke in support of the request. Neighbors in the immediate area spoke in
support of staffs recommendation. The neighbor adjacent to the rear spoke in support of
the staffs recommendation, with the exception of the rear setback, which he felt should
remain at 10 feet. Following the public comment period, the Commission discussed
various alternatives in addition to the requested and recommended setbacks. The
Commission expressed general support for setbacks that would result in a .95 FAR (floor
area ratio). The Commission continued the item to the April 5, 2012, hearing date and
directed staff to meet with the applicant in order to develop additional alternatives that
would be appropriate for the site and allow up to a .95 FAR.
Staff met with the applicant to discuss an additional alternative proposal that incorporates
a staggered front setback (Table 1 and Attachment No. PC 2). Staff also met with the
owners of four properties located within the immediate vicinity of the subject property. The
neighbors expressed concern about a front setback less than 20 feet, and the property
owner to the north requests that a 10- foot -rear setback be maintained.
DISCUSSION
Additional Alternative Setbacks
The applicant proposes to stagger the front and rear setbacks, with placement of a
garage adjacent to the alley 20 feet from the front (Orchid Avenue) and to within 4 feet
of the rear (opposite Orchid Avenue). The remainder of the lot would have a 7- foot -rear
and a 10- foot -front setback. This would provide more rear yard area than the 4- foot -rear
setback originally requested and recommended by staff. This proposal would result in a
.96 FAR, which is slightly greater than the .95 FAR that the Planning Commission stated
it could support (see Attachment No. PC 2).
Other staff options are described in Table 1 and depicted in Attachment No. PC 3
(Staffs Additional Alternative Setbacks Exhibits). These options have an FAR range of
.87 to .92.
Alternative Setback Determination
211 Orchid Avenue
April 5, 2012
Page 4
Table 1: Alternative Setbacks and FAR Analysis
211 Orchid Avenue
Lot Size
Buildable Area
Max Floor Area
Floor Area
Subiect Pronertvl
SFI
SFI
SFI
Ratio
Required Setbacks:
F -20, S -4, 5- 4lallev \, R -10
6,045
2,975
4,463
.74
Applicant's Originally Requested Setbacks:
4,080
6,120
1.01
- S -5 (alley)
Aonlicanrs Alternative P96m2al
F -20 (from alley 28'),1 0 (65')
R -4 (from alley 28'), 7 (65')
3,871
5,806
.96
8-5 !allevl, 8 -4
Staffs Recommended Setbacks:
3,444
5,166
.85
F -20, 8 -4, S -5 (alley), R -4
Staffs Ori inalAlternativeRecommendation:
3,864
5,796
.95
F-15.8-4. -51 II R-4
Staff's Additional
Alternative Setack
1) F -20 (from alley 46.5'),10 (46.5')
R -4 (from alley 28'),10 (66)
3,503
5,254.50
.87
8 5 iallev\ 8 -4
2)F -20 (from alley 46.5'), 15' (46.5')
R-4
3,657
5,486
91
8 -5 iallev\ S4
3)F -15
R -6
3,696
5,544
.92
5- 5lallev\ 8 -4
Neighboring Lots
215 Orchid Ave (30 x118)
F -20 8 -3, R -5
3,540
2,232
3,348
.95
214 Orchid Ave (45 x 118)
F -20, 8-4, R5
5,310
3,441
5,161
.97
216 Orchid Avd 62 x 118)
7,316
5,022
7,533
1.02
3528 Ocean Blvd
(as existing - approx. 65 x 100)
6,500
3,705
5,558
.86
F -25 8 -4 R -10
Staff Recommendation
As shown in Table 1 and Attachment Nos. PC 2 and 3, there are various options to
achieve a floor area ratio that is equitable with other lots in the area. Staff maintains the
original setbacks recommendation based on the following:
1. Staff believes that a 20- foot -front setback is:
consistent with the pattern of development along Orchid Avenue
compatible with setbacks of the neighboring properties across the
adjacent alley
consistent with existing development on the property, which has been
in place since 1952.
Alternative Setback Determination
211 Orchid Avenue
April 5, 2012
Page 5
2. Staff believes that a rear yard setback of 4 feet is reasonable given that
the rear of the subject property is adjacent to the side of the adjacent
property, which has a 4- foot -side setback (see Vicinity Map).
Plannino Commission Action Alternatives
Should the Planning Commission find that none of the alternative setbacks presented
are appropriate, the Commission could either identify suitable alternative setbacks. or
deny the request and direct staff to apply the standard R -1 setbacks.
Environmental Review
The project is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use
Limitations), which consists of minor alterations in land use limitations in areas with an
average slope of less than twenty 20 percent. which do not result in any change to the
land use or increase in the density as identified in the General Plan and Zoning Code,
including but not limited to: minor lot line adjustments. side yard, and setback variances
not resulting in the creation of any new parcel. The Alternative Setback Determination
does not constitute a major change which would require environmental review.
Public Notice
This item was continued to a date certain from the March 8. 2012, hearing and
appeared upon the agenda for this meeting, which was posted at City Hall and on the
City website. In addition, notice of the March 8.2012 hearing was published in the Daily
Pilot, mailed to property owners within 300 feet of the property (excluding roads and
waterways) and posted at the site a minimum of 10 days in advance. The item also
appeared upon the agenda for the March 8, 2012 meeting, which was posted at City
Hall and on the City website.
Prepared by:
Kays s
Assistant Planner
ATTACHMENTS
PC 1 Draft Resolution with Exhibit "A" Alternative Setback Determination Letter
PC 2 Applicant's Alternative Proposal
PC 3 Staffs Additional Alternative Setbacks Exhibits
PC 4 March 8, 2012, Planning Commission Staff Report (Without Attachments)
PC 5 Additional Photos: Taken From Neighboring Properties
April 5, 2012
Attachment No. PC 1
Draft Resolution with Exhibit "A"
Alternative Setback Determination Letter
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING SA2012 -002 FOR AN
ALTERNATIVE SETBACK DETERMINATION FOR THE
PROPERTY LOCATED AT 211 ORCHID AVENUE (PA2012 -015)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Robert Hales, Trustee, with respect to property located at 211
Orchid Avenue, and legally described as RESUB OF CORONA DEL MAR, LOT 1,
BLOCK 141, NORTHEASTERLY 93 FEET AND NORTHEASTERLY 93 FEET LOT.
1. The applicant requests approval of an Alternative Setback Determination. The originally
requested setbacks are: Front - 10 feet, Side - 8 feet (adjacent to 3258 Ocean
Boulevard), Alley Side - 5 feet, and Rear - 4 feet (opposite Orchid Avenue).
2. The applicant's alternative proposal is: Front - (adjacent to Orchid Avenue) 20 feet (from
alley 28 feet), 10 feet (65 feet), Side - 4 feet (adjacent to 3258 Ocean Boulevard), Side
(alley) - 5 feet, and Rear - (opposite Orchid Avenue) 4 feet (from alley 28 feet), 7 feet
(65 feet).
3. The subject property is located within the Single -Unit Residential (R -1) Zoning District
and the General Plan Land Use Element category is Single -Unit Residential Detached
(RS -D).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Single -Unit Residential Detached (RSD -B).
5. Public hearings were held on March 8, 2012, and April 5, 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.
1. The project is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use
Limitations), which consists of minor alterations in land use limitations in areas with an
average slope of less than twenty percent, which do not result in any change to the
land use or increase in the density as identified in the General Plan and Zoning Code,
including but not limited to: minor lot line adjustments, side yard, and setback
variances not resulting in the creation of any new parcel. The Alternative Setback
Determination does not constitute a major change which would require environmental
review.
Planning Commission Resolution No _
211 Orchid Avenue: Alternative Setback Determination
Page 2 of 3
2. The Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages
which may be awarded to a successful challenger.
SECTION 3. FINDINGS.
Section 20.30.110.C, Alternative Setback Area Location of the Newport Beach Municipal
Code states the following:
"In cases where the orientation of an existing lot and the application of the setback
area are not consistent with the character or general orientation of other lots in the
vicinity, the Director may redefine the location of the front, side, and rear setback
areas to be consistent with the surrounding properties."
Pursuant to Section 20.30.110.C, the following findings are set forth.
Findings:
A. The subject property has been re- subdivided and is not consistent with the orientation of
the original subdivision and the properties within the surrounding area and within the
subject block (Block 141, Corona del Mar).
B. The application of the standard R -1 (Single -Unit Residential) setbacks will result in an
FAR substantially lower than other lots in the vicinity and within the R -1 Zoning District.
C. The application of the approved alternative setbacks will allow development on the
property, which will be more consistent with the scale and floor area ratio (FAR) allowed
on other properties within the R -1 Zoning District and the subject block (Block 141,
Corona del Mar).
D. The approved alternative setbacks recommended by staff will maintain the character of
the surrounding area and are consistent with the setbacks of properties within the
neighboring area.
SECTION 4. DECISION.
To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless the
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
Tmplt: 12N,512011
Planning Commission Resolution No _
211 Orchid Avenue: Alternative Setback Determination
Page 3 of 3
arise from or in any manner relate (directly or indirectly) to City's approval of the 211 Orchid
Avenue Alternative Setbacks including, but not limited to, the SA2012 -002 (PA2012 -015).
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.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves SA2012 -002,
allowing the following setbacks set forth in Exhibit A, which is attached hereto: Front -
20 feet (adjacent to Orchid Avenue); Side - 4 feet (adjacent to 3258 Ocean Boulevard),
Alley Side - 5 feet, and Rear - 4 feet (opposite Orchid Avenue).
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 APRIL 5, 2012.
AYES:
NOES:
ABSTAIN
ABSENT:
I -Y
Am
Michael Toerge, Chairman
Fred Ameri, Secretary
Tmplt: 1211WO11
Exhibit "A"
�wwrok COMMUNITY DEVELOPMENT DEPARTMENT
F�i PLANNING DIVISION
�\ 3300 Newport Boulevard, Building C, Newport Beach, CA 92663
J`1i�b s (949) 644 -3200 Fax: (949) 644 -3229
oK ..•P www.newportbeachca.gov
DETERMINATION OF ALTERNATIVE SETBACK AREA LOCATIONS
SA2012 -002 (PA2012 -0015)
Date: April 5,2012
Site address: 211 Orchid Avenue
Section 20.30.110 C (Setback Regulations and Exceptions - Alternative setback area
location):
In cases where the orientation of an existing lot and the application of the
setback area are not consistent with the character orgeneral orientation of
other lots in the vicinity, the {Community Development] Director may
redefine the location of the front, side, and rear setback areas to be
consistent with surrounding properties. The reorientation of setback areas
is not applicable to the bluff overlay district.
In this case the Community Development Director elected to refer this request to the
Planning Commission which established the following alternative setbacks:
Yard
Setback
Description
Front
20'
Orchid Avenue
Side
4'
Adjacent to
3528 Ocean Boulevard
Side
5'
Adjacent to
alley
Opposite to Front
Rear
4'
Orchid Avenue
On behalf of Michael Toerge, Chairman
13
Fred Ameri, Secretary
Attachment: Setback Exhibit
wrk
4 ?.
118'
Aft
. .F .......
I 14 i4l s
3*.k.... r r� �� 215
Alley 65'
a k:
u
i tr r �a
1 211
IN
�a
00 3528
vary
211 Orchid Avenue - PA2012 -015
Determination of Alternative
Setback Area Locations
a�
b
0 10 20
® Feet
NT -.' RT
PA2012 -015 211 Orchid Ave Date: 02/29/2012 --
Attachment No. PC 2
Applicant's Alternative Proposal
r 23'
4, 3111 sa ft
61'
�s
�a
2928 sa ft
ir
943 Sa ft -
v
23'
61' b
U 41
70/30 Variable Setback
IN 5"
7' Rear Setback Compromise
3871 Total Pad Area X 1.5 = 5806 Sa ft House
.96 FAR
4' Rear Setback
4054 total pad area x 1.5 = 6081 Sa ft House
1.01 FAR
Attachment No. PC 3
Staff's Additional Alternative Setbacks Exhibits
Ci5
31503 SF
Buildable Area:
0.87 FAR -
4
% 0ti Y
/ O Z
Alternative Setbacks, Exhibit 1
I.IJRLe
1'
Alternative Setbacks, Exhibit 2
J+
-
\2 $S§e F �
Bmmam A a
d »
°O «
�.
Alternative Set bcks ,mhi ■l
Attachment No. PC 4
March 8, 2012, Planning Commission Staff Report
(Without Attachments)
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
March 8, 2012 Meeting
Agenda Item 3
SUBJECT: Alternative Setback Determination - (PA2012 -015)
211 Orchid Avenue
• Staff Approval No. SA2012 -002
APPLICANT: Robert Hales
PLANNER: Kay Sims, Assistant Planner
(949) 644 -3237 or Ksims @newportbeachca.gov
PROJECT SUMMARY
The applicant is requesting an alternative setback determination for property located at
211 Orchid Avenue to accommodate redevelopment of the site. The applicant is
requesting that the following setbacks be established:
• Front - 10 feet (adjacent to Orchid Avenue)
• Side — 8 feet (adjacent to 3528 Ocean Boulevard)
• Side — 5 feet (adjacent to alley)
• Rear- 4 feet (opposite Orchid Avenue)
RECOMMENDATION
1) Conduct a public hearing; and
2) Approve Staff Approval No. SA2012 -002 with the attached Resolution and
Alternative Setback Determination letter (Attachment No. PC 1) that would establish
the following recommended setbacks:
• Front - 20 feet (adjacent to Orchid Avenue)
• Side - 4 feet (adjacent to 3528 Ocean Boulevard)
• Side - 5 feet (adjacent to alley)
• Rear - 4 feet (opposite Orchid Avenue)
.p
zm
Subject Pfoper(y
Alternative Setback Determination
211 Orchid Avenue
March 8.2O12
Page
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING
ON-SITE (Glacile-Unit Residential Detached) fSgole-Unit Residential)
Single-Unit Dwelling
omo|o'oni,oweNnoo
om le-Unit Dwellings
mno|o.00|,o||onmuo
mnw|eoouow°mnus
Alternative Setback Determination
211 Orchid Avenue
March 8, 2012
Page 3
INTRODUCTION
Project Setting and Background
The 6,045- square - property (93 feet wide by 65 feet deep) is located in Corona del Mar
on the northwesterly side of Orchid Avenue near the intersection of Orchid Avenue and
Ocean Boulevard. It consists of the northerly portions (93 feet) of Lots 1 and 2 of Block
141 of Corona del Mar that were originally subdivided in 1906 (Attachment No. PC 4).
Lots 1 -8 within the block were oriented to face Ocean Boulevard. Subsequently, Lots 1
and 2 were subdivided resulting in the reorientation of the subject property to face
Orchid Avenue and the current configuration of 3528 Ocean Boulevard. A 14- foot -wide
alley is adjacent to the northerly property line. Properties to the north of the alley are
oriented with the fronts facing either Orchid or Narcissus Avenues and are subject to the
standard setbacks required for the R -1 Zoning District (Attachment No. PC 3). The
property is subject to the following standard setbacks as shown in the FAR Analysis
Table 1: front - 20 feet (adjacent to Orchid Avenue), sides - 4 feet, rear - 10 feet
(opposite Orchid Avenue).
The property slopes gently downward toward Ocean Boulevard and is developed with a
two -story, single - family residence with an attached garage originally constructed as a
single -story in 1952; the second -story was added in 1982. Vehicular access is from the
alley via a driveway, which angles from the alley to the front of the garage facing Orchid
Avenue. The existing development on the property complies with the standard setbacks
required by the Zoning Code, with the exception of a patio cover that encroaches into
the rear setback, that was permitted with the approval of Modification Permit No. 2533
in 1980 (Attachment No. PC 6), and has the following setbacks: front - 20 feet (adjacent
to Orchid Avenue) - residence - 20 feet, garage - 27 feet, rear - 10 feet (opposite
Orchid Avenue), side - 12 feet (adjacent to 3528 Ocean Boulevard), and alley side - 4
feet.
Project Description
The application for an Alternative Setback Determination does not include any specific
plans for redevelopment of the property at this time and requests the following setbacks:
front - 10 feet (adjacent to Orchid Avenue), side - 8 feet (adjacent to 3528 Ocean
Boulevard), side - 5 feet (adjacent to alley) and rear - 4 feet (opposite of Orchid
Avenue).
Pursuant to Section 20.30.110 C (Setback Regulations and Exceptions - Alternative
setback area location) of the Zoning Code, the Community Development Director may
redefine the location of the front, side, and rear setback areas to be consistent with
surrounding properties in cases where the orientation of an existing lot and the
application of the setback area are not consistent with the character or general
orientation of other lots in the vicinity. The Community Development Director has
referred this application to the Planning Commission for review and action.
Alternative Setback Determination
211 Orchid Avenue
March 8, 2012
Page 4
DISCUSSION
Analysis
To determine whether the proposed setbacks are appropriate, staff analyzed: 1) the
compatibility of the proposed setbacks with the required setbacks and development
pattern of lots in the surrounding area; 2) the resulting true floor area ratio (maximum
building square footage allowed divided by lot size) to ensure that it is consistent with
neighboring lots with typical lot configurations, and 3) a comparison of the percentage of
.the lot devoted to setback areas with those of neighboring lots with typical lot
configurations.
Setback Compatibility
Front Setback: The applicant has requested a 10- foot -front setback adjacent to Orchid
Avenue. Properties along the southeasterly side of Orchid Avenue in the neighboring
area have been combined and vary In width and lot area. Properties located on the
northwesterly side are the size and area of lots typically found throughout Corona del
Mar (30 feet wide by 118 feet deep). Properties along Orchid Avenue are subject to
front setbacks of 20 feet and generally comply with the required setback; with the
exception of 200 Orchid Avenue, which has been reoriented to face Orchid Avenue and
is currently developed with a 10- foot -front setback. In order to maintain consistency of
the setbacks and development pattern in the area, staff recommends that the existing
20- foot -front setback on the property be maintained.
Rear Setback: The rear yard of the subject property abuts the side yard of 3516 Ocean
Boulevard, which has a 4- foot -side setback. The applicant has requested a 4- foot -side
setback, since the rear yard is similar to a side setback. The requested setback of 4 feet
would provide a total setback area of 8 feet between the properties, which is the same
setback requirement that existed prior to the reorientation of the subject property.
Side Setbacks: The southerly side of the subject property abuts the rear yard of 3528
Ocean Boulevard. Although the required rear setback for 3528 Ocean Boulevard is 10
feet; the existing development is constructed to 8 feet. The applicant has requested and
8- foot -side setback. Staff believes that a 4- foot -side setback adjacent to the rear of the
neighboring property would provide adequate setback area for light and air with the
current development (12 feet) between structures.
A 5- foot - setback is required for properties located with rear property lines adjacent to
the alley. The requested 5- foot -side setback Is consistent with this standard and
provides adequate area for vehicles to maneuver while entering or exiting the alley.
Alternative Setback Determination
211 Orchid Avenue
March 8, 2012
Page 5
Application of Setbacks
1'ele4975 8E
//Ouiiciable Ar ,'
�1 4�T
Flgilro 2, EKlsh'IIY Sorbndls (ApproMmftto)
FAR Comparison
Due to the varying sizes of the properties within the neighboring area, staff has
employed a true floor area ratio (FAR) method by which the total building square
footage allowed on each property is divided by the total square footage of the properly.
This method allows for an equitable comparison of floor area allowed to total area of the
property. Properties which are representative of the various lot sizes within the
neighboring area were used and are included in FAR Analysis Table 1.
Alternative Setback Determination
211 Orchid Avenue
March 8, 2012
Page 6
FAR Analysis Table 1
211 Orchid Avenue
Lot Sire
Buildable Area
Max Floor Area
Floor Area
S
SF
. .I 1 -1 A
Required Setbacks!
6,045
2,975
4,463
.74
.51
F -20 8 -4 Alley $-4 R-10
Leemesfed Setbacks:
F -10 S -8 Alley 8 -5 R-4
4,080
6,120
1.01
.33
Recommended Setbacks:
3,444
5,166
.85
.43
F -20 8 -4 Alley 8 -5 R-4
Alternative Setbacks:
3,864
5,796
.95
.36
F-15 S-4 Allev 8 -5 R-4
Neighboring Lots
215 Orchid Ave (30 x118)
F -20 8 -3 R 5
3,540
2,232
3,348
.95
.37
214 Orchid Ave (45 x 118)
5,310
3,441
5.161
F -20 8 -4 R -5
.97
.35
216 Orchid Ave 62 x 118
7,316
5,022
7,533
1.02
3528 Ocean Blvd
(as exlsling - approx. 65 x 100)
6,500
3,705
5,558
.86
43
F -25 $4 R -10
Alternative Setback Determination
211 Orchid Avenue
March 8, 2012
Page 7
For the subject property, standard setbacks equate to an FAR of .74, which is less than
other properties in the neighboring area. The requested setbacks result in an FAR of
1.01. This FAR is greater than that of the typical lot (.95) adjacent to Orchid Avenue, but
is less than some of the properties that have been combined and have greater lot
widths (216 Orchid — 1.02 FAR).
The proposed FAR is also greater than that of the 3528 Ocean Boulevard, which has a
similar lot area. Although the total lot area of 3528 Ocean Boulevard is larger
(approximately 455 square feet), the FAR proposed for the subject property would allow
a maximum floor area of 6,120 square feet, which is greater (562 square feet) than the
maximum floor area of 5,558 square feet allowed on 3528 Ocean Boulevard. Staffs
recommended setbacks results in an FAR of .85, which is nearly equal to the FAR of
3528 Ocean Boulevard.
Summary
Staff believes that the requested rear and alley side setbacks are consistent with
required setbacks for the neighboring properties and the development pattern of the
neighborhood. The requested a- foot -side setback adjacent to 3528 Ocean Boulevard is
not necessary to provide adequate light and air between the two adjacent properties.
Staff does not believe that the 10- foot -front setback adjacent to Orchid Avenue is
consistent with the setbacks required for neighboring properties and would not be
consistent with the pattern of existing development. Staff also believes that since the
requested resulting FAR of 1.01 is greater than that allowed by the typical lot size in the
area, a smaller FAR is appropriate. Therefore, staff recommends a 20- foot -front setback
to maintain the existing pattern of development and character of the area.
Alternatives
As an alternative, the Planning Commission could consider a 15- foot -front setback in
addition to the side and rear setbacks recommended. This would result in an FAR of
.95. Should the Planning Commission find the alternative setbacks requested by the
applicant or recommended by staff to be unjustified, the Planning Commission could
either identify appropriate setbacks or deny the request and direct staff to apply the
standard R -1 setbacks.
Environmental Review
The project is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use
limitations), which consists of minor alterations in land use limitations in areas with an
average slope of less than twenty 20 percent (20 %), which do not result in any changes
in land use or density, including but not limited to: minor lot line adjustments, side yard,
and setback variances not resulting in the creation of any new parcel. The Alternative
Alternative Setback Determination
211 Orchid Avenue
March 8, 2012
Page 8
Setback Determination does not constitute a major change which would require
environmental review.
Public Notice
Although not required by the Municipal Code, notice of this hearing was published in the
Daily Pilot, mailed to property owners within 300 feet of the property (excluding roads
and waterways) and posted at the site a minimum of 10 days in advance of this hearing
consistent with the Municipal Code. The item also appeared upon the agenda for this
meeting, which was posted at City Hall and on the City website.
Prepared by:
Way Sim ,
Assistant Planner
ATTACHMENTS
PC 1 Draft Planning Commission Resolution
Exhibit "A" Alternative Setback Determination Letter
PC 2 Applicant's Request
PC 3 Site Plan and Setback Map S -1 08
PC 4 Original Tract Map: Re- subdivision of Corona del Mar- 1906
PC 5 Photos
PC 6 Portions of Modification Permit No. 2533
Attachment No. PC 5
Additional Photos:
Taken From Neighboring Propties
View from 215 Orchid Avenue
View from 217 Orchid Avenue
mom...
View from 215 Orchid Avenue First Floor Side Window
Closeuo of Same View
Staff- 10' from Front Property Line and 5' from Alley
View from Rear of 3516 Ocean Boulevard Toward Ocean
Correspondence
Item No. 2b
Alternative Setback Determination
PA20012 -015
Sims, Kay
From:
Karl Draws [karl.drews @sbcglobal.net]
Sent:
Thursday, March 29, 2012 7:03 AM
To:
Sims, Kay
Cc:
elmer drews
Su bject:
21 1 Orchid
Follow Up Flag:
Follow up
Flag Status:
Flagged
Dear Kay,
It was a pleasure meeting you Tuesday, 3/20/12, at the applicant's site. I am representing my parents, Elmer and
Elizabeth Drews, \vho are the owners of the 3516 Ocean Blvd. property. As you heard from the adjacent
neighbors on Orchid, who are concerned about how the proposed Alternative Setback \vould impact their
properties, my parents are concerned about the proposed rear yard setback and how that would impact their
property.
I would like to remind you how imposing a t \ \'o story structure at the 4' setback is when we stood in the alley by
the Valente residence. A two story structure at a 4' setback would have negative impacts to the natural sunlight,
air quality and quiet enjoyment of the backyard space. My parents understand that this is an unusual situation
and the front neighbor has a 4' setback but when the lot was split the 21 1 Orchid property had a 10' setback on
their corrunon property line. That setback should be preserved because it is an ordinance. The FAR ratio is a
guideline and should not dictate setback dimensions.
We have seen the revised site plan the applicant has submitted and disapprove the proposed 4' and 7' setbacks
that are depicted.
Sincerely,
Karl Drews
Correspondence
Item No. 2b
Alternative Setback Determination RECEn,.
Qb
Sims, Kav PA20012 -015 ,„ -90
From: Matthew Valente [mrvalentel @gmail.comj 4%
Sent: Tuesday, April 03, 2012 9:33 AM !?�1p
To: Sims. Kay ?3 11
Cc: Fran Valente. Mother 1
Subject: Re: 211 Orchid Ave Case
b t?00�-
Ms Sims.
I represent my parents. who reside at 215 Orchid Ave. As you are aware. they are very concerned about the
possibility ofthe setback at 211 Orchid Ave being changed to allow for a 10' setback on their front elevation vs
the 20' setback that is common on this street. The potential 10' setback would significantly alter their views
from their house towards the ocean. as well as "crowd" the feel of the street with a home do close. The existing
home at 21 1 Orchid has been there for around 50 years. and the residents of Orchid have had a reasonable
assumption that a setback on their street would not be altered.
Please add our opinion to the file to be considered by the Planning Commission.
Thank you.
Matt VALENTE
For 215 Orchid Ave
/off
F
v
w�r1\
07;7,U
Planning Commission Meeting
April 5, 2012
211 Orchid Avenue
Alternative Setback Determination
Vicinity Map
A _e
'IiGYy�P e' A,
V
_ f �
Subject' pX � ert�.
O �l
h
ti
9� hn
l
V*d
I'
114
Applicant's Alternative Proposal
93'
3111 sq ft -
61'
2928 SCI ft
m
61'
i\
°.
Ali
93'
70/30 Variable Setback
rl�
a
_ V
23'
7' Rear Setback Compromise
3871 Total Pad Area X 1.5 = 5806 sq ft House
.96 FAR
943 sq ft
v
23'
b
IN
vi
4' Rear Setback
4054 total pad area x 1.5 = 6081 Sq ft House
L01 FAR
A
Alternative Proposals: • - to
Alternative Setbacks and FAR Analysis
211 Orchid Avenue
(Subject Property)
Required Setbacks:
F -20, $4, 8 -4 (alley). R -10
AODllcant's OriainallvReauested Setbacks:
F -10 $-8 $ -5 (alley) R -4
ADDlicant's Alternative Pr000sal
F -20 (from alley 28'). 10 (65')
R-4 (from alley 28'). 7 (65')
$ -5 (alley), $4
Staff's Recommended S, o. W.
F•20 $ -4. $-5 (alley), R-4
Staff's Original Alternative Rgcommendatlon:
F -15, S -4, 8-5(alley) R -4
Stafrs Additional
Alternative Setbacks
1) F- 20 (from alley 46.5'),10 (465)
R -4 (from alley 28'),10 (65')
$ -5 (alley), $4
2)F -20 (from alley 465), 15' (465)
Rri4
S6 (alley), $4
3)F -15
4
$ -5 (alley), $4
Neighboring Lots
215 Orchid Ave (30 x118)
F -20, $ -3, R -5
214 Orchid Ave (45 x 118)
F -20, S-4, R -5
216 Orchid Ave (62 x 118)
3528 Ocean Blvd
(as existing - approx. 65 x 100)
F-25. $- R -10
Lot Size Buildable Area Max Floor Area Floor Area
(SF) (SF) (SF) Ratio
6,045 2,975 4,463 .74
4,080 6,120 1.01
3.871 5,806 .96
" 3,444 5,166 .85
3,864 5,796 .95
3.503 5,254.50 .87
3,657 5,486 .91
3,696 5.544 .92
3,540 2,232
3,348
.95
5,310 3,441
5,161
.97
7316 5,022
7,533
1.02
6.500 3,705
5,558
.86
PA2011 -149 (SA2011 -017)
Setbacks: Required,
l' Fi
1 �
Original Request, and Recommended
Figure 4, Recommenaea Setbacks
a
�tl
5
3,320 SF
J B
0.82 FAR
�F
a
b
Alternative Setbacks, Additional 3
Site Photos
Photo 1: View along Orchid Ave.
Photo 2: View from 215 Orchid Ave.
View from 215 Orchid Avenue First Floor Side Window
ra
JJ� \
B
n
Pr a (.85 FA
IV
FAIN
4y
^F