HomeMy WebLinkAbout5.0_Alternative Setback Determination_PA2012-001CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
February 9, 2012 Meeting
Agenda Item 5
SUBJECT: Alternative Setback Determination - (PA2012 -001)
1702 Park Avenue
• Staff Approval No. SA2012 -001
APPLICANT: William Scott Brown
PLANNER: Kay Sims, Assistant Planner
(949) 644 -3237, ksims @newportbeachca.gov
PROJECT SUMMARY
The applicant is requesting an alternative setback determination for property located at
1702 Park Avenue to accommodate redevelopment of the site. The applicant is
requesting that the following setbacks be established:
• Front (Along Park Avenue) — 6 feet
• Sides — 3 feet
• Rear (Opposite Park Avenue) — 3 feet
RECOMMENDATION
1) Conduct a public hearing; and
2) Approve Alternative Setback No. SA2012 -001 with the attached Alternative Setback
Determination letter (Attachment No. PC 1) that would establish the following
setbacks:
• Front — 6 feet
• Sides — 3 feet
• Rear — 5 feet
1702 Park Avenue Alternative Setback Determination
February 9, 2012
Page 2
VICINITY MAP
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GENERAL PLAN
ZONING
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LOCATION GENERAL PLAN
ZONING
CURRENT USE
ON -SITE RT Two -Unit Residential I R -BI (Balboa Island
Single -Unit Dwelling
NORTH F RT
11 R -BI
11 Single and Two -Unit Dwellings
SOUTH RT
11 R -BI
Sin le and Two -Unit Dwellings
EAST RT
11 R -BI
11 Single and Two -Unit Dwellings
WEST RT
R -BI
11 Single and Two -Unit Dwellings
1702 Park Avenue Alternative Setback Determination
February 9, 2012
Page 3
INTRODUCTION
Project Setting
The 1,800 square -foot property (30 feet by 60 feet) is located adjacent to the northerly
side of Park Avenue near the intersection of Park and Crystal Avenues. The topography
of the site is relatively flat. It is currently developed with a small, one story, single -unit
dwelling, which is nonconforming because it encroaches into the required rear,
westerly -side, and the front setback areas. Also, there are no parking spaces provided
on the site.
Project Description
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. Strict application to the subject property of the
default setback regulations for an R -BI (Balboa Island) property results in a floor area
limit lower than other properties in the vicinity. The Community Development Director
has referred this application to the Planning Commission for review and action.
The setbacks required by the Zoning Code are 20 feet from the front property line
(adjacent to Park Avenue), 3 feet on the sides, and 10 feet in the rear (opposite of Park
Avenue). The resulting buildable area' of the lot is 720 square feet. The requested
setbacks are 6 feet in the front along Park Avenue, 3 feet on the sides, and 3 feet in the
rear (opposite of Park Avenue) resulting in a buildable area of 1,224 square feet.
Background
The subject property and surrounding area (Section 5 of Balboa Island) was originally
subdivided in 1912 (Attachment No. PC 4). At that time, all the lots within the subject
block (Block 5) were oriented towards Crystal Avenue. Vehicular access was intended
to be provided from the alley along the rear of the properties. Subsequent to the original
subdivision, lots one and two within Block 5 were re- oriented to face Park Avenue,
which resulted in three 30 feet by 60 feet properties. As a result of the re- orientation,
two of the properties no longer have access to the alley.
Although the three reoriented lots are subject to the 20 foot front setback required by
the Zoning Code, each is developed within approximately three feet of the front property
' "Buildable area" is defined by Chapter 20.70 (Definitions) of the Zoning Code as the area of a
development site, excluding the minimum front, side, and rear setback areas as applied to residential
properties only.
1702 Park Avenue Alternative Setback Determination
February 9, 2012
Page 4
line and are, therefore, nonconforming. Permits for the existing development on the
three lots could not be located in the City's records.
DISCUSSION
Analysis
To determine whether the proposed setbacks are appropriate, staff analyzed: 1) the
compatibility of the proposed setbacks with the required setbacks on lots within the
surrounding area; and 2) the resulting true floor area ratio (maximum building square
footage allowed divided by lot size) to ensure that the proposed setbacks do not result
in additional floor area as compared with neighboring lots with typical lot configurations.
Setback Compatibility
The front (6 feet) and side (3 feet) setbacks requested are compatible with the existing
setbacks of the immediately adjacent properties, which have been developed to within
approximately 3 feet of the front property line. The requested three foot rear setback is
similar to a required 3 foot side setback because the rear yard of the subject property
abuts the side of the neighboring property (204 Crystal). Staff recommends a five foot
rear setback to provide more useable rear yard area.
Exhibit 1, existing buildable
area with required setbacks
k�
10 -Foot Rear Setback
1
Recommended�i
I Buildable Area
0
Proposed
1
1
Buildable
Existing
Area
Buildable
Area
0
1,224 Sq. Ft. 104
IS
720 Sq. Ft.
L
Park Ave.
c
Park Ave.
Exhibit 1, existing buildable
area with required setbacks
Exhibit 2, proposed setbacks
and resulting buildable area
5-Foot Rear Setback
k�
1
Recommended�i
I Buildable Area
Proposed
1
1
Buildable
Area
1,224 Sq. Ft. 104
IS
Park Ave.
Exhibit 2, proposed setbacks
and resulting buildable area
5-Foot Rear Setback
k�
1
Recommended�i
I Buildable Area
1
1
Exhibit 2, proposed setbacks
and resulting buildable area
5-Foot Rear Setback
k�
Recommended�i
I Buildable Area
1
1
Park Ave.
Exhibit 3, recommended setbacks
and resulting buildable area
1702 Park Avenue Alternative Setback Determination
February 9, 2012
Page 5
FAR Comparison
Due to the difference in lot size and variation in setback areas between the subject
property and surrounding lots in the area, staff has employed a true floor area ratio
(FAR) method by which the total building square footage allowed on the site is divided
by the total site area. This method allows for an equitable comparison of floor area to lot
area.
FAR Analysis Table
Property Address
Lot Size
SF
Buildable
Area SF
Max Floor Area
SF
Floor Area
Ratio
1.) 1702 Park Avenue /subject property
(Existing Setbacks F -10, S -3, R -10
1,800
720
1,080 + 200 = 1,280
.71
(Requested Setbacks F -6, S -3, R -3
1,224
1,836 + 200 = 2,036
1.13
Recommended Setbacks F -6, S -3, R -5
1,176
1,764 + 200 = 1,964
1.09
Neighboring Lots
2. 204 Cr stal F -8, S -3, R -5
2,550
1,728
2,592 + 200 = 2,792
1.09
3. 201 Cr stal Variance No. VA2007 -004
1,500
1
1 1,760
1 1.17
4. 205 Crystal F -6, S -3, R -5
2,550
1 1,776
1 2,664 + 200 = 2,864
1 1.12
212 210 x12
W211112 M154
270 �12110
211I " 204 Crystal ~
Zoe 205 Crystal z66
z d vF �5 21 1208 m
Z M1�M1
206 207 P 206 �
206 112
2 5 C
201 Crystal 20 � 204
202
200
PARK AVE
wl_ 127 1W_ .tn
6 12 `
126 6
PRIVATE UTILITIEy 1,n 111
124112 125 LK�66h
Because the properties immediately adjacent to the east and west of the subject
property have also been reoriented and, as a result, have similarly reduced buildable
areas, staff has not included those properties in this FAR analysis. Properties which are
representative of the typical lot size and configuration within the surrounding area were
used and are included in the FAR Analysis Table.
1702 Park Avenue Alternative Setback Determination
February 9, 2012
Page 6
The typical lot size in the surrounding area is 2,550 square feet (30 feet by 85 feet).
North of Park Avenue, lots facing the east side of Crystal Avenue have 8 foot front
setbacks, those on the west side of Crystal have 6 foot front setbacks. The typical lot on
the east side of Crystal Avenue (204 Crystal) has an FAR of 1.09. The typical lot on the
west side (205 Crystal) has an FAR of 1.12. Staff also included 201 Crystal in the
analysis, as representative of a reoriented property similar to the subject property, which
had a reduced buildable area when the default setbacks for the RB -I (Balboa Island)
were applied. A variance (VA2007 -004) was approved in 2007 to allow a larger
buildable area for development, that resulted in an FAR of 1.17 allowed for the property.
The setbacks requested for the subject property result in an FAR of 1. 13, which is less
than that approved by variance for 201 Crystal Avenue. The proposed FAR is also
slightly larger than those of typical lots facing both sides of Crystal Avenue, which are
1.12 FAR (205 Crystal Avenue) and 1.09 FAR (204 Crystal Avenue). Staff recommends
a rear setback of 5 feet, which would allow a 1.09 FAR that is the same as the typical
lots located within the subject block (Block 5).
Summary
Staff believes the requested front, side, and rear setbacks are compatible with the
nearby lots. As illustrated in the FAR Analysis Table, the requested setbacks result in
an FAR of 1. 13, which is consistent with the FAR granted with approval of a variance for
a similarly reoriented lot in the immediate area. This FAR, however, is slightly larger
than typical lots within the subject block. Therefore, staff has recommended a rear
setback of 5 feet, which would allow for a more usable rear yard area and would result
in an FAR (1.09), that is the same as the typical lot within the subject block (Block 5).
Alternatives
Should the Planning Commission find the alternative setbacks requested by the
applicant or recommended by staff to be unreasonable, the Planning Commission
should either prescribe more appropriate setbacks for the property or determine the
property should be subject to the default setbacks required for residential properties
within the R -BI (Balboa Island) Zoning District.
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 20 percent ( %), 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
Setback Determination does not constitute a major change which would require
environmental review.
1702 Park Avenue Alternative Setback Determination
February 9, 2012
Page 7
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:
by:
Kay Sbs, 8r n a Wisn k
Assistant Planner D p ty Commu ty Development Director
ATTACHMENTS
PC 1 Draft Planning Commission Resolution
Exhibit "A" Alternative Setback Determination Letter
PC 2 Applicant's Request
PC 3 Site Survey
PC 4 Original Tract Map: Section 5, Balboa Island
PC 5 Photos
PC 6 Portions of Variance No. VA2007 -004 (201 Crystal Avenue)
FAUSERS \PLN \Shared \PA's \PAS - 2011\PA2012- 001 \PA2012 -001\ PC rpt.doex
Attachment No. PC 1
Draft Planning Commission Resolution
RESOLUTION NO. ;
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING SA2012 -001 FOR AN
ALTERNATIVE SETBACK DETERMINATION FOR THE
PROPERTY LOCATED AT 1702 PARK AVENUE (PA2012 -001)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS. .
1. An application was filed by William Scott Brown, with respect to property located at 1702
Park Avenue, and legally described as Balboa Island SEC 5 LOT 1 BLK 5 WLY 30 FT
ELY 60 FT AND WLY 30 FT ELY 60 FT LOT 2 BLK 5.
2. The applicant requests approval of an Alternative Setback Determination. The requested
setbacks are: Front — 6 feet, Sides - 3 feet, and Rear — 3 feet (see Exhibit "A ",
Alternative Setback Determination Letter).
3. The subject property is located within the Balboa Island (RB -1) Zoning District and the
General Plan Land Use Element category is Two -Unit Residential (RT).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Two -Unit Residential (RT -E).
5. A public hearing was held on February 9, 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 20 percent ( %), 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
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.
1702 Park 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:
"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 and adjacent properties have been re- subdivided and are not
consistent with the orientation of the original subdivision and many lots within the
surrounding area and within the subject block (Block 5, Section 5, Balboa Island).
B. The application of the standard R -BI (Balboa Island) setbacks will result in an FAR
substantially lower than other lots in the vicinity and in the R -BI 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 -BI Zoning District and the subject block (Block 5, Section
5, Balboa Island).
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 1702 Park
Avenue Alternative Setbacks including, but not limited to, the SA2012 -001 (PA2012 -001).
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.
Tmpit 12/1512011
Planning Commission Resolution No. _
1702 Park Avenue Alternative Setback Determination
Page 3 of 3
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves SA2012 -001,
as recommended by staff, subject to the setbacks set forth in Exhibit A, which is attached
hereto and incorporated by reference.
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 FEBRUARY 9, 2012.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Michael Toerge, Chairman
go
Fred Amen, Secretary
Tmplt: 12/15/2011
Exhibit "A"
Draft Alternative Setback Determination Letter
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o iT
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F
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c'�4FURN�P
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 -001 (PA2012 -0019)
Date: February 9, 2012
Site address: 1702 Park 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
6'
Park Avenue
Side
3'
Adjacent to
200 Crystal Avenue
Side
3'
Adjacent to
1704 Park Avenue
Rear
5'
Opposite to Front
Park Avenue
On behalf of Michael Toerge, Chairman
0
Fred Ameri, Secretary
Attachment: Setback Exhibit
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P�� "i 1702 Park Avenue - PA2012 -001
Determination of Alternative
m Setback Area Locations
PA2012 -001 1702 Park Ave Date: 01/31/2012
Attachment No. PC 2
Applicant's Request
diro
rc
' REO.
11nRT
FARK AVE.
sOr '' 2 ; I
(LOT AREA 1,500)
BUILDABLE I
FOOTFRINT: -720
X13
1,280 RE0.
AREA
— — — — — I
1,250 MAX.
ALLOWABLE
702 FAR�1-1- AIVE.
!(LOT AREA
BUILDING
F007FRINT:1,224
X1.5
!,a5& to
-200
FROFOSED
AREA i
5070- 3070
FAR< AVENUE
EXISTING
REOUIREMENTS
NORTH FAFK AVENUE
0 FROFOSEZ�
SET5A(f,< ALTERATION
PA2012-001 for SA2012-001
1702 Park Avenue
William Guidero
FRO FOSED N ES I DEN�E
oo
5OUA1;',E FOOTAGE: o 6Qro
it ��N
FIRST FLOOR PLAN: 68 S.F. _
SECOND FLOOR PLAN: qO3 S.F.
THIRD FLOOR PLAN: 481 S.F.
TOTAL: 1452 S.F.
,SARAGE: 504 S.F.
TOTAL AREA lN/GARAGE: 2,05& S.F.
DECK. 2:
DECK 3:
124 S.F.
IC16 S.F.
BUILDABLE LOT AREA: 1,224 x 1.5 = 1836
-± -_?_QO 2 036 MAX`/hLLO1NABLE
PA2012 -001 for SA2012 -001
1702 Park Avenue
William Guidero
IF'ARiy AVENUIE
SITE and
FLOOR FLAN
SCALE: 1/8"
Attachment No. PC 3
Site Survey
I
I
I
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TOPOGRAPHIC SURVEY OF THE ETY 30 FEET OF THE W'LY 55 FEET
OF LOTS 1 & 2, BLOCK 5, MAP OF SECTION FIVE, BALBOA ISLAND,
NEWPORT BEACH, PER M.M. 8/9 RECORDS OF ORANGE COUNTY, CA.
SCALE: 1"=B' ARCHITECT DRAWN BY M.S.
)ATE: 01-08-2012 WILLIAM BELDEN GUIDERO REVISED
BACK BAY SURVEYING & MAPPING
2338 TUSTIN AVENUE
NEWPORT BEACH, CA. 92660
Original Tract Map:
Section 5. Balboa Island
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Attachment Noe PC 6
Portions of Variance No. VA2007 -004
(201 Crystal Avenue)
u
NOTICE OF FINAL APPROVAL
DATE: March 6, 2008
TO: Mr. Peter Ferrarini
FROM: Planning Director
SUBJECT: Variance VA2007 -004 and Modification Permit MD2007 -078
Please be advised that an amendment to Variance VA2007 -004 and Modification Permit
MD2007 -078 were approved by the Planning Commission at its meeting of April 17, 2008 and
became effective May 1, 2008. A copy of the approved Resolution with findings and conditions is
enclosed. Any deviation from the application(s) and plans on file in the Planning Department
may require an amendment to the application(s) mentioned above for the project.
Applicant: Ferrarini residence (PA2007 -214)
Location: 201 Crystal Avenue
Description: A request to approve a variance to permit a new single - family dwelling to exceed
the maximum permitted floor area limitation. Additionally, the request 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 -6t setback for the rear 20 feet of
the northeasterly comer along Crystal Avenue.
Should you have any questions, please contact our office at (949) 644 -3221.
Very truly yours,
PLANNING DEPARTMENT,
David Lepo Director}
By U-
Ginger arin
Executive Secretary Planning Commission
Enclosure: Approved Resolution with Findings and Conditions of Approval
cc: Property Owner (if not applicant)
3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3200 Fax: (949) 644 -3229 • www.city.newport- beach.ca.us
RESOLUTION NO. 1756
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.
Planning Commission Resolution No. _
Paoe2of7
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.
1 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
Planning Commission Resolution No.
3of7
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
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 toll) feet, depending on the block, and rear
property lines adjacent to 10 -foot wide alleys, which requires a minimum rear yard
setback of 5 feet.
■ The subject property is a reversed comer lot within a block that the Districting Map
established a 6 -foot front yard setback along Crystal Avenue, which results in an
additional 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 flinch 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
Plannin ®Commission Resolution No. _
Paoe 4 of 7
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 Permit 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.
Plannin ®Commission Resolution No.
Page 5 of 7
PASSED, APPROVED AND ADOPTED THIS 6th DAY OF MARCH 2008.
C
o ecretary
AYES: Eaton, Peotter, Hawkins, Cole,
McDaniel, Toerae and Hillgren
NOES: None
Plannin ommission Resolution No.
Facie 6 of 7
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project - specific conditions are in italics)
i»i1'.f.`:tf Tt7
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.
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
Planning Commission Resolution No. _
Page 7 of 7
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 proposed /existing 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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Memorandum
Correspondence
Item No. 5a
Alternative Setback Determination
PA2012 -001
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
3300 NEWPORT BOULEVARD, BLDG. C
NEWPORT BEACH, CA 92658 -8915
(949)644-3237
To: Planning Commission
From: Kay Sims, Assistant Planner
Date: February 7, 2012
Re: PC Agenda Item #5
1702 Park Avenue, Alternative Setback Determination (PA2012 -001)
We would like to provide the following clarifications /corrections to the staff report for this project:
The FAR Analysis Table on page 5 (handwritten page 9) should state that the "Existing"
(required) front setback for 1702 Park Avenue is 20 feet (see table below). The buildable area
of the property is correct (720 square feet).
FAR Analysis Table
Property Address
Lot Size
SF
Buildable
Area (SF)
Max Floor Area
(SF)
Floor Area
Ratio
1.) 1702 Park Avenue /subject property
(Existing Setbacks F4020, S -3, R -10
1,800
720
1,080 + 200 = 1,280
.71
(Requested Setbacks F -6, S -3, R -3
1,224
1 1,836 + 200 = 2,036
1.13
Recommended Setbacks F -6, S -3, R -5
1,176
1,764+ 200 = 1,964
1.09
Neighboring Lots
2. 204C stal F- 8,S -3,R -5
2,550
1,728
2,592 +200 =2,792
1.09
3. 201 C stal Variance No. VA2007 -004
1,500
1,760
1.17
4. 205 Crystal F -6, S -3, R -5
1 2,550
1,776
2,664 + 200 = 2,864
1.12
Attachment PC 3 (Site Survey) was not printed properly and is attached. As shown on the site
survey, current development on the property encroaches approximately 2 feet into the front 20
foot setback, 2.4 inches into the westerly side setback, and 6 feet 8 inches into the rear
setback. The easterly side setback is 3 feet and is consistent with the 3 foot side setback for
the RB -I (Balboa Island) Zoning District.
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?� F,LEVATICNS HEREON ARE REFERENCED TO
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1992 ADJUSTMENT.
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LEGEND
FF FINISHED FLOOR
FS FINISHED SURFACE
EG EXISTING GRADE
FL FLOW LINE
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TW TOP OF WALL
CONC CONCRETE
NIPS NO PARKING SIGN
WF WOOD FENCE
CM GAS METER
WH WATER HEATER
G GATE
BW BACK OF WALK
S S'I' K P
EM ELECTRICAL METER
P/L PROPERTY LINE
Exp. 9130/13',
N. 4599 oTi
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DOUGLAS GO FCSTER .L.S. 4599
TOPOGRAPHIC SURVEY OF THE E'LY 90 FEET OF THE W'LY 55 FEET
OF LOTS 1 A 2, BLOCK 5, MAP OF SECTION FIVE, 3ALSOA ISLAND,
NEWPORT BEACH, PF.R N.N. 819 RECORDS OF ORANGE COUNTY, CA.
SCALE= I " -B' '"OM"'" DRAWN BY: M.S.
DATE41-05-2D12 WILLIAM BELDEN GUIDERO REVISED
T
/ HACK BAY SURVEYING & MAPPING
ZMA TUS'nN RT
BR AVRNUR
NEWPORT BRACfS,CA.9E969
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BENCH MARK:
?� F,LEVATICNS HEREON ARE REFERENCED TO
ORANGE COUNTY BENCH MARK OCS BM
NB3- 13- 70,ELEVATIOK -7.735 (NAVD 88)
1992 ADJUSTMENT.
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TWO STORY i a
1 a
WOOD RESIDENCE i C
(60' WIDE)
LEGEND
FF FINISHED FLOOR
FS FINISHED SURFACE
EG EXISTING GRADE
FL FLOW LINE
TC TOP OF CURB
TW TOP OF WALL
CONC CONCRETE
NIPS NO PARKING SIGN
WF WOOD FENCE
CM GAS METER
WH WATER HEATER
G GATE
BW BACK OF WALK
S S'I' K P
EM ELECTRICAL METER
P/L PROPERTY LINE
Exp. 9130/13',
N. 4599 oTi
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DOUGLAS GO FCSTER .L.S. 4599
TOPOGRAPHIC SURVEY OF THE E'LY 90 FEET OF THE W'LY 55 FEET
OF LOTS 1 A 2, BLOCK 5, MAP OF SECTION FIVE, 3ALSOA ISLAND,
NEWPORT BEACH, PF.R N.N. 819 RECORDS OF ORANGE COUNTY, CA.
SCALE= I " -B' '"OM"'" DRAWN BY: M.S.
DATE41-05-2D12 WILLIAM BELDEN GUIDERO REVISED
T
/ HACK BAY SURVEYING & MAPPING
ZMA TUS'nN RT
BR AVRNUR
NEWPORT BRACfS,CA.9E969
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Materials Received
Item No. 5b
I /VL- I TV T - 7-WC
I Alternative Setback Determilna ion
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Planning Commission Meeting
February 9, 2012
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1702 Park Avenue
Alternative Setback Determination
PA2012- 001(SA2012 -001)
Vicinity Map
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PARK AVE
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Site Photos
Photo 1
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Setbacks
10 -Foot Rear Setback
Existing
Buildable
Area
3 -Foot Rear Setback
41
Y
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Proposed
Buildable
Area
o
0
LL
C1
t
5 -Foot Rear Setback
Recommended
Buildable Area
Required Setbacks Fproposed Setbacks Recommended Setbacks
FAR Comparison
Property Address
Lot Size
(S F)
Buildable
Area (SF)
Max Floor Area
(SF)
Floor Area
Ratio
1.) 1702 Park Avenue /subject property
(Required Setbacks F -20, S -3, R -10)
11800
720
1,080 +200 =1,280
.71
(Requested Setbacks F -6, S -3, R -3)
1,224
1,836 + 200 = 2,036
1.13
(Recommended Setbacks F -6, S -3, R -5)
1,176
1,764+ 200 = 1,964
1.09
Neighboring Lots
2.) 204 Crystal (F -8, S -3, R -5)
2,550
1,728
2,592+ 200 = 2,792
1.09
3.) 201 Crystal (Variance No. VA2007 -004 )
1,500
1,760
1.17
4. 205 Crystal F -6 S -3, R -5
2,550
1,776
2,664 + 200 = 2,864
1.12
U212 273 �A
1 112
205 Crystal — 1.12 FAR 211
1 209 209
206 207
201 205
■� 202
201 Crystal - 1.17 FAR
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Subject Property -.71 FAR
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PARK AVE
121 127
111 126 PRIVATE l UnE4 I
123
r D12 4101J
Recommendation
Approve Alternative Setback No. SA2012 -001 as
recommended by staff with the Alternative Setback
Determination letter attached to the staff report
(Attachment No. PC 1) that would establish the
following setbacks:
Front - 6 feet
Sides - 3 feet
Rear - 5 feet
Portion of Setback Map S =4
312 —. --`-
310 31; z 310 1
9D8 5 30A
306 307 3 308 I eU!
.L4 305 304 305
302 I 'till
1 300 �. Ilit
BALBOA
226 217
224 225
_ -22._.. 723 72_2 L21
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2 +0
117
104 203
7300 ;,411 200 �01
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Subject Property
AVENUE
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124 1_25 tY7
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1 °8 119 0 1B X110 �_
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PARK
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AVENUE
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AVENUE
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