HomeMy WebLinkAboutVoyer Modification Permit Resolution No. 2010-1813_PA2010-043CITY OF NEWPORT BEACH
OFFICE OF THE CITYATTORNEY
DATE: August 13, 2010
TO: Planning Commissioners
Planning Department Staff j�
FROM: OFFICE OF THE CITY ATTORNEY E � �
Leonie Mulvihill, Assistant City Attorney Q'
MATTER: General Matters: Planning; A09- 00279
SUBJECT: Modification Permit No. MD2010 -007
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Following the public hearing on July 22, 2010, the Planning Commission of the City of
Newport Beach granted an appeal relating to Modification Permit No. MD2010 -007. The
effect of this action was to conditionally approve Modification Permit No. MD2010 -007
allowing a 15 -foot encroachment within the required 25 -foot rear yard.
Included as a consent item on the agenda for the August 19, 2010, meeting of the
Planning Commission is Resolution No. 1808. Resolution No. 1808 reflects the action of
the Planning Commission approving Modification Permit No. MD2010 -007 subject to
specified conditions and confirms that the Planning Commission's approval of Modification
Permit No. MD2010 -007 occurred on July 22, 2010.
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/A09- 00279/ PC & Planning Staff from LM 08.13.10 re: MD2010 -007
DIU Copy
RESOLUTION 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. Following the public hearing on July 22, 1010, the Planning Commission of the City of
Newport Beach approved the appeal and reversed 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, attached
hereto and incorporated by reference.
2. Action by the Planning Commission becomes final and effective fourteen days
following action taken by the Planning Commission on July 22, 2010 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, ADOPTED AND APPROVED THIS 22nd DAY OF JULY, 2010.
AYES: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren
NOES: None
M
Earl McDaniel, Chairman
BY:
Michael Toerge, Secretary
EXHIBIT "A'
CONDITIONS OF APPROVAL
The development shall be in substantial conformance with the approved plot plan, floor
plans and elevations, except as noted in the following conditions.
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
shall highlight the approved elements such
elements of the plans.
approved by this Modification Permit and
that they are readily discernible from other
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.
Tmpil: 04/14/10