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HomeMy WebLinkAbout3.0_Alternative Setback Determination_PA2012-015CITY 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) Alternative Setback Determination 211 Orchid Avenue March 8, 2012 Page 2 VICINITY MAP Of 1r�,`�'o I 'I ab het Subject Property r li W �r M„ • •° ,Q ,,i y % S 9 � y Y 4 • ;y • .. 1p 1`h.� S 1 air ,p V GENERAL PLAN ZONING � Subject / • ab '14 4.1 Property `" 4. lei Subject ,as'�, h b, ^>r, .va�\ Property . a \, + �b '4 ,W vi� �< \ I O 4` 0 11.11 10511 \ LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE it (Single-Unit Residential Detached (Single-Unit Residential) Single -Unit Dwelling NORTH RS -D R -1 Single-Unit Dwellings SOUTH RS -D R -1 Single Unit Dwellings EAST RS.D R -1 Single -Unit Dwellings WEST RS -D R -1 Single -Unit Dwellings 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. Proiect 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 Anal sis 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 Io eeo� 2,975 SF Buildable A r 4,080 SF Buildable A Figure 3, Requested FAR Comparison Figure 4, 2,100 SF Setbacks 3,444 SF Buildable Area I pr 3' 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 property. 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 Size Buildable Area Max Floor Area Floor Area Setbacks (Subject Prope rty) SF SF SF Ratio % of Lot Area Required Setbacks: 61045 2,975 4,463 F -20 8-4 Alley S -4 R -10 .74 .51 Reouested Setbacks: u 4,080 6,120 1.01 .33 F -10 S -8, Alley S -5, R -4 Recommended Setbacks: 3,444 5,166 .85 .43 F -20 S -4 Alley S -5 R -4 Alternative Setbacks: 3,864 5,796 .95 .36 F -15 S -4 Alley S -5 R -4 Neighboring Lots 215 Orchid Ave (30 x118) 3,540 2,232 3,348 .95 .37 F -20 S -3, R -5 214 Orchid Ave (45 x 118) 5,310 3,441 5,161 .97 .35 F -20 S -4 R -5 216 Orchid Ave 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 .43 F -25, S -4, R -10 i `,Pas`iilS k � 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. Staff's 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 8- 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: ay 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 -101B 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 1 Draft Planning Commission Resolution 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: 1.9:("115 LflIIIII&IIMI W LTA 1:1►1&CWMIT "Cca 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. 2. The applicant requests approval of an Alternative Setback Determination. The 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). 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. A public hearing was held on March 8, 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 changes in land use or increase in the 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 Setback Determination does not constitute a major change which would require environmental review. 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 Planning Commission Resolution No. 211 Orchid Avenue Alternative Setback Determination Page 2 of 3 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: "7n 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 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 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 Tmplt: 12115/2011 Planning Commission Resolution No. 211 Orchid Avenue Alternative Setback Determination Page 3 of 3 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 (adjacent to Orchid Avenue) — 20 feet; 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 MARCH 8, 2012. AYES: NOES: ABSTAIN ABSENT: BY: MN Michael Toerge, Chairman Fred Ameri, Secretary Tmplt: 12/15/2011 Exhibit "A" Alternative Setback Determination Letter COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644 -3200 Fax: (949) 644 -3229 www.newportbeachca.gov DETERMINATION OF ALTERNATIVE SETBACK AREA LOCATIONS SA2012- 002(PA2012 -0015) Date: March 8, 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 or general 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 Rear 4' Opposite to Front Orchid Avenue On behalf of Michael Toerge, Chairman Fred Ameri, Secretary Attachment: Setback Exhibit 14' Alley Subject Property �,Q, W P „q ` 9 J�O C�IIFOP�,, 118' luildable Area: 2,232 sf AR 0.95 m M ...........! 215 18 Buildable Area: 3,705 sf 0.86 FAR 25 OC 1z 3528 Boo /� Vera 0 0 10 20 mom= Feet 211 Orchid Avenue - PA2012 -015 Determination of Alternative Setback Area Locations 12 .......... Buildable I Area: 3,444 sf m :0.85 FAR I Q j I v ? ................ �..............._: 211 18 Buildable Area: 3,705 sf 0.86 FAR 25 OC 1z 3528 Boo /� Vera 0 0 10 20 mom= Feet 211 Orchid Avenue - PA2012 -015 Determination of Alternative Setback Area Locations 12 .......... Attachment No. PC 2 Applicant's Request %V 1, Planning Permit Application Community Development Department Planning Division -r 3300 Newport Boulevard, Newport Beach, CA 92663 (949)644 -3204 Telephone 1(949)644 -3229 Facsimile www.newi)ortbeachca.gov PA2012 -015 forSA2012 -002 211 Orchid Avenue 1. Check Permits Requested: Robert Hales, Trustee ❑ Coastal Residential Development ❑ Condominium Conversion ❑ Comprehensive Sign Program ❑Development Agreement ❑ Development Plan ❑ Lot Line Adjustment ❑ Lot Merger ❑Limited Term Permit — ❑ Seasonal ❑ Less than 90 day ❑ Greater than 90 days ❑ Modification Permit ❑ Off -Site Parking Agreement ❑ Planned Community Development Plan ❑ Planned Development Permit ❑ Site Development Review - ❑ Major ❑ Minor Parcel Map IEI Staff Approval ❑Tract Map ❑ Traffic Study ❑ Use Permit - ❑Minor ❑Conditional ❑ variance ❑ Amendment - ❑Code ❑PC ❑GP ❑LCP ❑ Other: ❑ Other: 2. Project Address(es) /Assessor's Parcel No(s).: 2 1 1 Q W CH I () A V , 3. Proms' ct Description and Justification (Attach additional sheets if necessary): '%O jIZOPoSq- IAraO -Wb-i yGe` d--IJ ;9UlQW6 5�-ri3act/ -,(� So �f mill %mil A�lc Ct�JStS�. =�7 vi-rill V�aSc�c�r:,►+3 ©/lS. 4. Applicant Name(s): lI o� j 14 ftLcf / '' Lt) C c Address: IA I ZlaS7 GNAAa1Ad tA\V� J , GA R Ui b v City /State /Zip: CV N Phone: -71q ­7`l`1 7tol( Fax: If "]-)I 7`4.3 Email: /Zx'1-�Al_ -c SLAW (°' 5. Contact: '�R " Ii A VI i' A °t" Cow-, Address: City /State /Zip: Phone: i i tl 6. Property Owner Name(s): S NrvWr A S A PPLt CA&) -( yN3 oV�r Address: City /State /Zip: Phone: Fax: Email: 7. Property Owner's Affidavit *: (1) (We) / L Og L`-lf / [ / J FS / I depose and say that (I am) (we are) the owner(s) of the property (ies) i volved in this application. (1) (We) f rther certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. /_ Signature(s): Date: *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. The owner(s)' signature on Parcelirract Map and Lot Line Adjustment Application must be notarized.) 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J t�•Y; � � i ���'�'� � �I� � l I ` 1`,_ �'.' I � 11 � :� � � 'I A � I � _.�' i' . e�.�: . ��� i � i '_� -�� � — � �— � � �� � —/ � , . r ; ;� i, 1 4'b� �: Jk., 11 i0( 0 � I I rr Materials Received Item No. 3a Alternative Setback Determination PA2012 -015 Attachment No. PC 6 Portions of Modification Permit No. 2533 MODIFICATION APPLICATION_ 0, , S3-17 Community Development Department App scat on ec-0 By 4:1t r- City of Newport Beach 640 -2138 PLEASE PRINT OR TYPE.. Fee:S 110.00 -_ Applicant Mr.&ttz;., R.J. Perry Phone 67S--;761; Address Of Property Involved 211 Orchid C.D.M. ? Mailing Address_ same Property Owner R.J.Perry Phone Mailing Address same Architect 0.1.H. General Contr. Phone 679 -0322 Work; to be done Replace existing posts and joist of patio cover, because of drvrot. .- Proposed non con formi g tie5 We propose to replaee exsitir m.+ig_ rover with new lumber, because of unsafe condition caused by drvrot. Present Use Patio cover Proposed Use same zoneR -1 rnwa r„ieri.... o­.. A Front setback 20 Ft. 20 i side setbac 4 Ft. 4 Lett sloe set ack 4 Pt. Rear set ac 10 Ft. 10 Ft. ov - a n DUlldlng area Garage area Far ace ric n s aces u l I ding height Previous Modifications, Use Permits, Variances, etc. none Legal Description of Property Involved (if too long, attach separate sheet) OWNER'S AFFIDAVIT (I) (We) depose and say tTiat am we are the owner 5 of the property ies invo ved in this - application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true correct to the best of (my) (our) knowledge and belief. Signature(s)j} .Gu.y NOTE: An agent may sign for the owner if wr tten authorization from the _ record owner is filed with the application. DO NOT COMPLETE APPLICATION BELOW T14I5 LINE Date Filed 4- Fee Pd. /,i; ?. Receipt No. Hearing Date Posting Date 41-/7-j!' Mail Date Modification Committee Action ��i 'J �•i Date_ AooeaT P. C. Hearin C. G. Heari P. C. Action Appeal L. C. Action i te"' • . +...•I (•.•� ,...1. • is �� ,.1 + -: i;I u:u .inch Y:::ya•+1 I:I. 1. u40 - %1'tR ,•.,.,. -ion% Iora,YI tr• Iinrf inq•. end hct ion, Appl seal Lion NO. 25.3.3 Appl icanL M. Stirs: R. 6ddress of Property Involved._ 211, Orchid. Avenue: Corona -del._ r_. _.__.___.._... Legal DeseripL ion_ _. - Modification Reques tio cover- which- encroaches- - - - - -- to the rear pr r[Yjfne._ NrwLpd .LiD�tClKlgte- to_er+crnac�xi thin- 2- 1(- �` -of -- rear---- - - - - -- -- p •_iy line ;here�hg_CAQR.cequirts The Modifications - Committee on April 29, 1980 _approved the application subject to the following conditions: I. That no art of hprourt P MDaed P&Ua -1 ure_be..c1ww =4ha"-4eel - - - - -- rom the rear ey lSne.___� - --- - -- The Modifications Committee determined in this case that the proposal would not -be detrimental to persons, property or improvenents in the neighborhood and that the modification as approved would be consistent with the legislative i intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1 That the request as approved is consistent with the required sid2 yards of adi ent proa°rtt es 2 That the request represents a reduct {on in patfo structure from that wh,ch formed encroaches to the rear ro rt line. 3. That the required ardsetbacks ware considered excessiye n re a ton --fo t e narrow ept of lot. _ NOTE: This approval shall extend for a period of 16 months from the end of the appeal period, and cannot be extended. The decision of the Committee may be appealed to the Planning Conmlission withinl4 days of the date of the decision. Any e?9cal filed shall be accompanied by a filing fee of $100.00. Ito building permiLs may Le 'isspwJ until the appeal period has expired. MDDIFICATIOHS COMRITTL!- PIAMNRdi DEPURitilf JAiiES D. 11NICKIR, DIRECfO:: B y-_''tkS4..,Gi! • J/+ltJGf�v`GR....... mes 0. Hew,cker -Direc Lor COTE: The above appli La ti an W14The,' Pu:.i Po +• LLr pTab:. •.:Lor, being •.ubniitlod Inr 10 "It r.Lr•ct iu'il Sui !,'1 _ voil•:- ¢� MAR 25!45 h 1 j I 1' Re: above project, request for an alternative setback for the property located at 211 Orchid Avenue. We own the property located at 217 Orchid Ave. The proposed alternative front setback proposed for 211 Orchid will significantly impair the view from our home, especially from our upstairs front patio. Currently all the front setbacks on the block are aligned. except for the house facing the ocean. This should be continued. There seems to be plenty of room to build a sizeable home within the existing setbacks. All of us in that immediate neighborhood have paid a significant premium for the ocean views that we enjoy, and do not wish them compromised. Thank you for your consideration in this matter. - Albert E. Barnett M.D. Correspondence Item No. 3b Alternative Setback Det:AYh9hation Sims, Kay PA2012 -015 t"wwr'f From: Albert Barnett [abarnett31 @sbcglobal.net] a l�i2 Sent: Monday; March 05, 2012 11:06 AM MAR To: Subject: Sims, Kay Project File No.: PA2012 -015 DEVELOPMENT �v'r OP NEWF U?' To: Kay Sims, Assistant Planner Re: above project, request for an alternative setback for the property located at 211 Orchid Avenue. We own the property located at 217 Orchid Ave. The proposed alternative front setback proposed for 211 Orchid will significantly impair the view from our home, especially from our upstairs front patio. Currently all the front setbacks on the block are aligned. except for the house facing the ocean. This should be continued. There seems to be plenty of room to build a sizeable home within the existing setbacks. All of us in that immediate neighborhood have paid a significant premium for the ocean views that we enjoy, and do not wish them compromised. Thank you for your consideration in this matter. - Albert E. Barnett M.D. F v Staff Presentation Item No. 3c Alternative Setback Determination .p WPp PA2012 -015 cl� `® \LjFOg Planning Commission Meeting March 8, 2012 211 Orchid Avenue Alternative Setback Determination PA2012- 001(SA2012 -001) Vicinity Map 00 ng aG /0 Site Photos Photo 1: Subject property Photo 3: View toward Ocean Blvd. Photo 2: View along Orchid Ave. I Photo 4: Side adjacent to 3528 Ocean Blvd. Setbacks a` Pa ^F °° 2,975 SF Buildable Area - y %°° SI a�6 Figure 1, Required Setbacks �sT i� V 4,080 SF Buildable Area e,T 'S �e 0 ff Figure 3, Requested Setbacks ye ;o +/- 2,100 SF Footprint 8� Figure 2, Existing Setbacks (Approximate) �O y ea 3,444 SF Buildable Area d- 5- c iS�P ryO. Figure 4, Recommended Setbacks Subject Property (.85 FAR) P i 9 �e _aye 3528 Ocean Boulevard (.86 FAR) 215 Orchid Avenue (.95 FAR) 1,a 'J� bwry �O R-1 w RI'* wQ' h 1 ,7 L PA2011 -149 (SA2011 -017) NII 214 Orchid Avenue (.97 FAR) as Qd� 7a Recommendation Approve recommended alternative 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) FAR Comparison 211 Orchid Avenue Lot Size Buildable Area Max Floor Area Floor Area Setbacks Sub'ect Property SF SF SF Ratio % of Lot Area Required Setbacks: 6,045 2,975 4,463 .74 .51 F -20, S-4 Alley S -4, R -10 Requested Setbacks: 4,080 6,120 1.01 .33 F -10, S -8, Alley S -5 R -4 Recommended Setbacks: 3,444 5,166 .85 .43 F -20, S -4, Alley S -5, R -4 Alternative Setbacks: 3,864 5,796 .95 .36 F -15, S -4, Alley S -5, R -4 Neiahborina o 215 Orchid Ave (30 x118) 3,540 2,232 3,348 .95 .37 F -20 S -3 R -5 214 Orchid Ave (45 x 118) 5,310 3,441 5,161 .97 .35 F -20, S -4 R -5 216 Orchid Ave 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 .43 F -2 -4 -1 Application of Setbacks Applicant Presentation Item No. 3d Alternative Setback Determination PA2012 -015 4,080 SF Buildable Area FAR Comparison i 3,444 8F Buildable Area_ Figure 4, Reconatumded Setbacks 211 Orchid — Plot Map BUILDABLE TO LAND AREA RATIOS - F.A.R. 211 Orchid Ave Currently proposed Front 20, Rear 10, Sides 4 Front 10, Rear 4, Side 8, Alley 5 Lot She 65 x 93 = 6,045 65 x 93 = 6,045 Minus Setbacks (30) (8) (14) (13) Buildable Area 35 x 85 = 2,975 51 x 80 = 4,080 Maximum Area 2,975 x 1.5 = 4,462.5 4,080 x 1.5 = 6,120 Ratio: Buildable to Land Area 4,462.5 / 6,045 = 0.73 6,120 / 6,045 = 1.01 215 Orchid Ave 3528 Ocean Blvd Front 20, Rear 5, Sides 3 Front 25, Rear 8, Sides 4 30 x I IS = 3,540 65 x 100 = 6,500 (6) (25) (8) (33) 24 x 93 = 2,232 57 x 67 = 3,819 2,232 x 1.5 = 3,348 3,819 x 1.5 = 5,728.5 3,348 / 3,540 = 0.95 5,728.5 / 6,500 = 0.88 Comments 1) Orchid Avenue is a wider street. 2) If 3528 Ocean and 211 Orchid were still one lot as they used to be, then an out -of -place gigantic 13,082 scift house could be built. 3) Even though 3528 Ocean has a 'side' setback of 4', the front door is on Orchid effectively making that the 'front' setback. 4) Subject property left side setback could be 4' but proposal calls for 8' to match neighbor. 5) Example reverse corner: 2830 Bayview 6) 3528 Ocean rear should be 30' but is 8'. 7) 200 Orchid front should be 20' but is 10'. F.A.R. Analysis 3516 Ocean Blvd Front 25, Rear 5, Sides 4 160 x 62 = 91900 (30) (9) 130 x 53 = 6,890 6,890 x 1.5 = 10,335 10,335 / 9,900 = 1.04 PAGE TWO 3600 Ocean Ave Front 25, Rear 10, Sides 4 75 x 70 = 5,250 (8) (35) 67 x 35 = 2,345 2,345 x 1.5 = 3,517.5 3,517.5 / 5,250 = 0.67 200 Orchid Ave 210 Orchid Ave Front 25, Rear 10, Side 4, Alley 5 Front 20, Rear 5, Sides 4 61x71 =4,312 45x118 =5,310 (9) (30) (6) (25) 52x41 =2,132 39x93 =3,627 2,132 x 1.5 = 3,198 3,627 x 1.5 = 5,440.5 3,198 / 4,312 = 0.74 5,440.5 / 5,310 =1.02 F.A.R. Analysis, cont 216 Orchid Ave Front 20, Rear 5, Sides 4 62 x 118 = 7,965 (6) (25) 56 x 93 = 5,208 5,208 x 1.5 = 7,812 7,812 / 7,965 = 0.98 - per• P�cr -'9 0 ? ?� �_ 3600 ir P7. ti 0• 0 1 14f ms's F.A.R. Analysis - Mapped PERCENTAGE OF LOT AVAILABLE TO BUILD ON Examole Calculation Total lot size Setbacks Total setbacksgft Percent of lot that is setback Percent of lot available to build on 3516 Ocean Blvd 9,900 Front 25, Sides 4, Back 5 3,200 3200 / 9900 = 32% 32% -100 % = 68% 211 Orchid: Current 6,045 211 Orchid: Proposed 6,045 Front 20, Side 4, Alley 5, Rear 10 Front 10, Side 8, Alley 5, Rear 4 3,375 3375 / 6045 = 56% 56% - 100% = 44% 2,147 2147 / 6045 = 36% 36% -100 % = 64% NOTE: If 211 Orchid were a standard lot as opposed to a reverse corner lot the lot would have an additional 547sgft of buildable area. Orchid as a standard lot would have a Buildable to Land Area Ratio of 0.96 (proposed will be 1.01) and a Percentage of Lot Available to Build On of 61% (proposed will be 64 %). Percentage of Lot Buildable ?l p ? 3631 o yy �, 68 ? ?� sat x ° O is i ?j O ?j? u O �114ft ?mss y46E of Col AVw�G.48Cc To AWO&O aw Percentage of lot Buildable - Mapped View Down Orchid From 219 Orchid i 210 Larkspur 4' Ocean Blvd —12' PIQ — Alley — 20' 11 LA11111J, 210 Iris 4' Ocean Blvd —10' PIQ — Alley — 20' 210 Iris 211 Heliotrope 4' Ocean Blvd —10' PIQ —Alley — 20' 211 Heliotrope ,�yxriS: ,.> -, J �� m �ary,'�.'"'�` y n'�f��'^` "'� `4•�> � s w �' �^`T 1' w 200 Orchid 4' Ocean Blvd —10' PIQ — Alley — 20' 200 Orchid 211 Orchid —10' Setback 211 Orchid —10' Setback Lqq 211 Orchid —Then &Now 3528 Ocean Blvd w/ 20' setback 3528 Ocean Blvd w/ 4' setback