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HomeMy WebLinkAbout01-c_Voyer_Modification_ Permit_Resolution_No.2010-1813RESOLUTION NO. 1813 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2010 -007 TO ALLOW A RESIDENTIAL BUILDING TO ENCROACH 15 FEET INTO THE REQUIRED 25- FOOT REAR YARD SETBACK (PA2010 -043). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brion Jeannette Architecture with respect to property located at 20442 Santa Ana Avenue, and legally described as TR 456 LOT 6 POR OF LOT, requesting approval of Modification Permit No. MD2010 -007. 2. The applicant proposed a 15 -foot encroachment of a residential building into the required 25 -foot rear yard setback. 3. On May 13, 2010, the Zoning Administrator conducted a public hearing on Modification Permit No. MD2010 -007. The Zoning Administrator deferred rendering a decision for 15 days in order to consider both the written and oral evidence presented. 4. On May 28, 2010, the Zoning Administrator approved Modification Permit No. MD2010- 007 with a 10 -foot encroachment into the required 25 -foot rear yard setback, instead of the 15 -foot encroachment requested by the applicant. 5. On June 2, 2010, an appeal of the Zoning Administrator's decision on Modification Permit No. MD2010 -007 was filed with the Planning Department. 6. A public hearing was held on July 22, 2010 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 from the requirements of the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15303 (New Construction or Conversion of Small Structures). Construction of up to six dwelling units in an urbanized area on a site that is not environmentally sensitive is exempt and the project and project site meets these criteria. Planning Commission Resolution No. 1808 Page 2 of 3 SECTION 3. FINDINGS The Planning Commission finds as follows: 1. The Land Use Element of the General Plan designates the site RM (Multiple -Unit Residential) with a maximum density of 43 dwelling units per acre. The proposed construction of a 2 -unit building and the reconstruction of the existing residential unit thereby providing a total of 3 dwelling units on a 7,003- square -foot lot is consistent with the RM land use designation and the resulting density is below the maximum allowable density. The property is zoned RMD(1000), which provides for medium density residential development up to approximately 43 dwelling units per gross acre, including single - family (attached and detached), two- family, and multi - family residential uses. The development of the 7,003- square -foot lot with 3 -units is consistent with the RMD(1000) District. In conducting the historical research related to General Plan and Zoning Code compliance, it was discovered that at the time of annexation of the lot in 2008, the County of Orange zoned the property R -4 (Suburban Multifamily Residential). This County zoning district required a minimum of 3,000 square feet of land area per residential unit (Sec. 7- 9 -79). When the City established zoning for the annexation in 2004, the RMD (Medium Density Residential) zone was created and applied to the subject property and surrounding lots. The zoning for the area was not effective until the area was annexed on January 1, 2008. The specific purpose of the RMD zoning district is to provide for medium density residential development up to approximately 22 dwelling units per gross acre, including single - family (attached and detached), two - family, and multi - family (Section 20.10.010). The RMD zone requires a minimum of 3,000 square feet of land area per unit (Section 20.10.030) except that the adopted districting map that applies the RMD zoning district to the lot has a density symbol of "1,000." This symbol establishes a minimum of 1,000 square feet of land area per residential unit and pursuant to Section 20.00.055, the density symbol on adopted districting supersede the density limits contained within Sections 20.10.010 and 20.10.030. 2. The granting of the application is necessary due to the practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. a. The depth and size of the lot (140 feet and 7,003 square feet respectively) when combined with the front and rear yard setbacks (20 and 25 feet respectively) significantly limit available area for construction. b. The site is designated for multi - family residential use and the strict application of setback standards along with parking requirements and height limits effectively restricts the ability of the property owner to develop multi - family residential uses consistent with the General Plan. 3. An encroachment of 15 feet within the required 25 -foot rear yard setback is compatible with existing development in the neighborhood when taking into account structure Planning Commission Resolution No. 1808 Page 3 of 3 setbacks on lots within the general vicinity and the fact that the closest abutting residential building, 20452 Savanna Lane, has two- stories, is located 5 feet from the intervening property line, and is built on a grade that is approximately 3 feet higher than the grade of the project site. This two -story, single -unit residential building has only one frosted window in the elevation that faces the project site; therefore, reducing the rear yard setback on the subject property by 15 feet would be compatible with the surrounding residential development. 4. Approval of the Modification Permit with a 15 -foot encroachment will not adversely affect or be detrimental to the use and enjoyment of abutting properties since there would be 15 feet between the proposed 2 -unit building and 20452 Savanna Lane. This separation should provide sufficient separation for light, air and privacy of future residents of the project site and abutting properties. 5. Approval of this Modification Permit allowing a 15 -foot encroachment within the required 25 -foot rear yard setback allows some relief from standards that may assist in the elimination of an existing Zoning and Building Code violation without significantly affecting the use and enjoyment of abutting properties. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves the appeal and reverses the Zoning Administrator's decision to approve Modification Permit No. MD2010 -007 with a 10 -foot encroachment into the required rear yard setback, subject to the conditions 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 22nd DAY OF JULY, 2010. AYES: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren NOES: None WA Earl McDaniel, Chairman BY: Michael Toerge, Secretary EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted in the following conditions. 2. The development shall be revised to provide a minimum 10 -foot rear yard setback. Projections from the proposed 2 unit building (roof overhangs, brackets, cornices and eves) may encroach no more than 24 inches within this setback area and they must be at least 8 feet from the finished grade below. Architectural features (e. g. moldings and similar items) may encroach no more than 6 inches within this setback area. 3. Anything not specifically approved by this Modification Permit is prohibited and must be addressed in a separate and subsequent Modification Permit review. 4. This approval was based on the particular facts of this 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. 5. Prior to issuance of building permits, the applicant shall submit to the Planning Department an additional copy of the approved architectural plans for inclusion in the Modification Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Modification Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 6. A building permit shall be obtained prior to commencement of the alteration of existing structures or the construction of new structures. 7. A copy of this approval letter shall be incorporated into the Building Department and field sets of plans prior to issuance of the building permits. 8. If any of the existing public improvements surrounding the site are damaged by private work associated with this project, the applicant or owner shall be responsible for the repair (including any required permits, if any) of said public improvements to the satisfaction of the Public Works inspector. 9. All work performed within the public right -of -way shall be reviewed and approved by the County of Orange's Public Works Department. The City of Newport Beach's Public Works Department shall review any application for widening the driveway apron unless it defers such review to the County of Orange's Public Works Department because the work to be performed is within the County's public right -of -way. Planning Commission Resolution No. Paae 2 of 2 10. This approval shall expire unless exercised within 24 months from the approval date, as specified in Section 20.93.050 (A) of the Newport Beach Municipal Code. Prior to the expiration date of this approval, an extension may be approved in accordance with Section 20.93.050 (B) of the Newport Beach Municipal Code. Requests for an extension must be in writing. 11. 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 Voyer Modification Permit including, but not limited to, the approval of Modification Permit No. MD2010- 007(PA2010 -043); and /or the City's related California Environmental Quality Act determinations. 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. Tmpll: 04/14110