HomeMy WebLinkAboutMccloskey Residence_VA2006-001_212 Crystal Ave (PA2006-046)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
January 4, 2007
TO: PLANNING COMMISSION
FROM: Jaime Murillo, Associate Planner
(949) 644 -3209, imurillo Cir)citv.newport- beach.ca.us
SUBJECT: McCloskey Residence
Variance No. 2006 -001
212 Crystal Avenue (PA 2006 -046)
APPLICANT: Len Bekemeyer & Associates
ISSUE
Should the City approve Variance No. 2006 -001 to allow additions and alterations to an
existing single - family residence which will exceed the maximum permitted 1.5 Floor
Area Ratio (FAR) limitation of the site?
Staff recommends that the Planning Commission approve Variance No. 2006 -001,
subject to the findings and conditions of the attached draft resolution.
DISCUSSION
Site Overview /Background
The lot is currently developed with a two -story, single - family residence and an attached,
one -car garage that was originally constructed in 1948. The second story actually
consists of a non - permitted office and loft conversion of the existing attic area. The
existing garage currently encroaches 1 -foot 9- inches into the rear 5 -foot alley setback.
McCloskey Variance
January 4, 2007
Page 2
Vicinity Map
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Variance No. 2006-001
Current Development,
Sin gle-Fami y Residence
To the north:
Two-Family Residential
To the east:
Two-Family Residential
To the south:
Two-Family Residential
To the west:
Two-Family Residential
McCloskey Variance
January 4, 2007
Page 3
The subject property is located southeasterly of the intersection of Crystal Avenue and
the East Bay Front Alley on Balboa Island, and is approximately 2406.9 square feet in
area. The rear lot line of the property conforms to the diagonal direction of the alley,
resulting in an irregular lot configuration.
Project Overview
The applicant proposes to significantly alter the existing 1,863 square foot residence
and add an additional 797.7 square feet, resulting in a three -story residence with a total
floor area of 2,660.7 square feet. Project implementation will result in the creation of a
two -car garage which would conform to the required 5 -foot rear alley setback. The
proposed first level will consist of a two -car garage, kitchen, dining room, living room,
office, bathroom, and laundry room. The proposed second level will consist of a large
master bedroom, bathroom facilities, a second bedroom, and wine room. The third level
is proposed to consist of a bathroom facility, attic, and deck area. As discussed in detail
in the Zone Code Analysis section of this report, the project would conform, to all the
required zoning regulations of the R -1.5 zoning district, with the.exception of the
increased floor area requested.
Analysis
General Plan
The Land Use Element of the 2006 General Plan designates the property for Two -
Family Residential (RT) uses. This designation applies to a range of two- family
residential dwelling units such as duplexes and townhomes and permits single- family
dwelling units. The proposed single- family residence is consistent with this designation.
Local Coastal Program Land Use Plan
The subject property has a Coastal Land Use Plan designation of High Density
Residential (RH -A). Single- family residences are permitted within this designation.
The subject property is located within the Categorical Exclusion Order (CEO) Area of
the Coastal Zone. Projects on properties located within the CEO may qualify for
Categorical Exclusion and avoid Coastal Commission review if the subject lot is greater
than 1,200 square feet, structural square footage does not exceed 1.5 times the
buildable area and 2 parking spaces are provided. Given that the proposed project does
not meet the maximum floor area standard, the project would not qualify for a
Categorical Exclusion. Should this variance be granted, the applicant would be required
to obtain a Coastal Development Permit or Coastal Development Permit Waiver issued
by the California Coastal Commission prior to the issuance of building permits.
McCloskey Variance
January 4, 2007
Page 4
Zoning Code Analysis
The subject property is located within the R -1.5 (Two - Family) Zoning District. Single -
family dwellings are a permitted use within the R -1.5 Zoning District. With the exception
of the increased floor area, all development regulations of the R -1:5 Zoning District
would be met, including building setbacks and structure height limitations. Final
verification of compliance will occur during the building permit plan check process
should this application be approved. The following breakdown summarizes compliance
with the required development standards:
Section
the
square
for enclosed parkinq
two or more spaces within the R1.5 District shall not be included in the calculation of the gross floor area.
(2) Subject to a variance for the increased floor area
Floor Area Variance
Zoning Code regulations allow structures in the R -1.5 Zoning District to have a total
gross floor area equal to 1.5 times the buildable area. The buildable area of a lot is
simply defined as the lot area minus the setbacks. Section 20.10.030(M)2 of the Zoning
Code excludes 200 square feet of floor area used for enclosed parking of two or more
spaces within the R -1.5 District from the calculation of the gross floor area. The
proposed project consists of approximately 2,457.9 square feet of gross floor area
(2,657.9 sq. ft. — 200 sq. ft. = 2,457.9 sq. ft.) and results in a floor area ratio of 1.53, or
43.9 square feet above the maximum permitted 1.5 FAR limitation. For comparison and
analysis purposes, the following chart provides relevant floor area information for the
subject site and a standard 30' x 85' lot typical of the area:
2'6" Second Floor
3'6" Second Floor
Maximum Height
24' Midpoint/Flat
14'6", Midpoint:,,,
237" Midpoint
Roof /Deck Rails
24' Deck Rail
29' Ridge
19' Ridge
28' Ridge
Maximum Floor Area
Buildable Area x 1.5 + 200 sq. ft.
Buildable Area x 1.16
Buildable Area x 1.53 + 200 sq. ft.
Limit
(2,613.5 sq, ft.)
(1,863 sq. ft.)
(2,657.9 sq. ft.)'
Parkina
2 Der unit
I 1 space
I 2 spaces
Section
the
square
for enclosed parkinq
two or more spaces within the R1.5 District shall not be included in the calculation of the gross floor area.
(2) Subject to a variance for the increased floor area
Floor Area Variance
Zoning Code regulations allow structures in the R -1.5 Zoning District to have a total
gross floor area equal to 1.5 times the buildable area. The buildable area of a lot is
simply defined as the lot area minus the setbacks. Section 20.10.030(M)2 of the Zoning
Code excludes 200 square feet of floor area used for enclosed parking of two or more
spaces within the R -1.5 District from the calculation of the gross floor area. The
proposed project consists of approximately 2,457.9 square feet of gross floor area
(2,657.9 sq. ft. — 200 sq. ft. = 2,457.9 sq. ft.) and results in a floor area ratio of 1.53, or
43.9 square feet above the maximum permitted 1.5 FAR limitation. For comparison and
analysis purposes, the following chart provides relevant floor area information for the
subject site and a standard 30' x 85' lot typical of the area:
McCloskey Variance
January 4, 2007
Page 5
Gross Lot Area: 1 2406.9 sq. ft. 1 2,550 sq. ft. I No change
Buildable Area: 1 1609.6 sq. ft. 1 1,728 sq. ft. I No change
Maximum Floor 2,414 sq. ft.' 2,592 sq. ft.' 2,457.9 sq. f
Area:
(Buildable Area x
1.5)
Floor Area to Land
Area Ratio:
(1) Excluding the 200 square
within the R1.5 District.
.00 1 1.02 1
area exception for providing two or more
as
Nafurally, a smaller lot size should result in a reduced buildable area limitation for a
property, and that in itself, does not typically warrant a variance approval. However,
application of minimum setback standards to an irregularly shaped lot can result in a
disproportionate reduction in buildable area as compared with rectangular lots. In this
circumstance, the diagonal orientation of alley right -of -way adjacent to the rear of the lot
creates a unique lot configuration and eliminates the northeasterly corner of the lot. As
illustrated in Exhibit 2, strict application of the 5-foot setback along the diagonal rear lot line
creates a disproportionately increased rear setback area (167.7 sq. ft.) as compared to the
rear setback area of the larger, typical rectangular lots in the area (150 sq. ft.). This
increased rear setback area, combined with the smaller lot size, unfairly penalizes the
applicant and results in a disproportionate reduction in buildable area.
In the past, the Planning Commission has used the "floor area to lot area ratio" method
to determine an appropriate floor area increase for such variance requests. Application
of the 1.5 FAR to the subject site allows a maximum of 2,592 gross square feet, and a
floor area to lot area ration of 1.0. A floor area to lot area ratio typical of the standard
lots in the area is 1.02. The applicant's requested 43.9 square foot variance increase
beyond the 1.5 FAR limitation results in a 1.02 floor area to lot area ratio, which is
consistent with the standard lots in area and would not result in a residence that is out
of proportion to other houses in the immediate area.
Variance Findings
Chapter 20.91 of the Zoning Code requires the Planning Commission to make the
following mandatory findings should approval of a variance request be desirable:
McCloskey Variance
January 4, 2007
Page 6
7. 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
The shape and location of the lot are not typical of the other lots in the area in that
the strict application of the setback standards, in combination with the diagonal
orientation of the alley right -of -way adjacent to the rear lot line, results in a
disproportionately greater setback area than on other lots in the vicinity and
disproportionably reduces the buildable area of the subject site as compared to
other lots in the block and district.
2. That the granting of the application is necessary for the preservation and enjoyment
of substantial property rights of the applicant.
Without the granting of the variance to increase the permitted floor area, the
property owner could not construct a residence on the property :similar to and
consistent with what the development regulations permit on other lots. in the area.
As previously discussed, the application of the 5 -foot alley setback to the diagonally
oriented rear lot line results a disproportionately reduced buildable area with a floor
area to land area ratio of 1.0. Therefore, granting approval of the application is
necessary for the preservation and enjoyment of a substantial property right by
allowing the applicant to enjoy the same 1.02 floor area to land area ratio enjoyed
by others.
3. 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.
The proposed project would result in a structure that is similar to and consistent
with what the development regulations permit on other lots in the area. The
resulting gross floor area of approximately 2,457.9 square feet (1.02 floor area to
land area ratio) is comparable to the floor to land area ratio allowed in the vicinity.
Therefore, the granting of the variance to the floor area required is not the granting
of a special privilege to the property owner not enjoyed by other property owners in
the vicinity.
4. 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
The granting of the variance for floor area would not allow a new structure or
increased density that is incompatible with existing improvements in the area. The
McCloskey Variance
January 4, 2007
Page 7
plans provide two off -street parking spaces, which are important as there is minimal
on- street parking in the area. Additionally, the amount of floor area requested would
not result in structure height or setbacks less than required. The plan provides the
required 3 -foot side yard setbacks adjacent to existing residences and improves
maneuverability and circulation through the alley by providing a conforming 5 -foot
alley setback to the garage, rather than the existing non - conforming 3 -foot 4 -inch
alley setback. For these reasons, the project can be viewed as not being
detrimental to the neighborhood.
Environmental Review
The project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing
Facilities) of the implementing Guidelines of the California Environmental Quality Act as
the project is an addition to an existing structure and is located on a developed site with
no environmentally significant resources present.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at.the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Alternatives
The Commission has the option to deny the request if it is found that the applications
are inconsistent with the purpose and intent of the Zoning Code or that the project might
prove detrimental to the area. Denial would allow construction of a 2,414 square foot
residence.
Prepared by:
Jame Murillo, Associate Planner
Exhibits:
1. Draft Resolution for approval
2. Lot Area Comparison
3. Assessor's Parcel Map
4. Project Plans
Submitted by:
r
David Lepo, Pla Director
EXHIBIT 1
Draft Resolution of Approval
Z
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING VARIANCE NO. 2006 -001
ALLOWING THE FLOOR AREA TO EXCEED THE 1.5 FAR LIMITATION
FOR PROPERTY LOCATED AT 212 CRYSTAL AVENUE (PA 2006 -046)
WHEREAS, an application was filed by Len Bekemeyer & Associates, on behalf
of Mr. Bob McCloskey, property owner, with respect to property located at 212 Crystal
Avenue, and legally described as the Lot 7, Block 5, Section 5 of the Balboa Island
Tract, requesting approval of a variance to allow additions and alterations to an existing
single - family residence which will exceed the maximum permitted 1.5 Floor Area Ratio
(FAR) limitation of the site; and
WHEREAS, a public hearing was held on January 4, 2007 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 property is designated Two - Family Residential (RT) by the 2006
General Plan Land Use Element and zoned R -1.5 (Two - Family Residential). The
proposed addition and alterations to an existing single - family residence is consistent with
these designations; and
WHEREAS, Chapter 20.91 of the Newport Beach Municipal Code requires
findings and facts in support of such findings for approval of a variance; and
WHEREAS, such findings and facts in support of such findings are as follows:
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 shape and location of the lot are not typical of the
other lots in the area in that the strict application of the setback standards, in
combination with the diagonal orientation of the alley right -of -way adjacent to the
rear lot line, results in a disproportionately greater setback area than on other lots
in the vicinity and disproportionably reduces the buildable area of the subject site
as compared to other lots in 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: Without the granting of the variance to increase the
permitted floor area, the property owner could not construct a residence on the
10
City of Newport Beach
Planning Commission Resolution No.
Pace 2 _ of 5
property similar to and consistent with what the development regulations permit on
other lots in the area. As previously discussed, the application of the 5 -foot alley
setback to the diagonally oriented rear lot line results a disproportionately reduced
buildable area with a floor area to land area ratio of 1.0. Therefore, granting
approval of the application is necessary for the preservation and enjoyment of a
substantial property right by allowing the applicant to enjoy the same 1.02 floor area
to land area ratio enjoyed by others.
3. 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 project would result in a structure that is
similar to and consistent with what the development regulations permit on other lots
in the area. The resulting gross floor area of approximately 2,457.9 square feet
(1.02 floor area to land area ratio) is comparable to the floor to land area ratio
allowed in the vicinity. Therefore, the granting of the variance to the floor area
required is not the granting of a special privilege to the property owner not enjoyed
by other property owners in the'vicinity.
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 granting of the variance for floor area would not
allow a new structure or increased density that is incompatible with existing
improvements in the area. The plans provide two off - street parking spaces, which
are important as there is minimal on- street parking in the area. Additionally, the
amount of floor area requested would not result in structure height or setbacks less
than required. The plan provides the required 3 -foot side yard setbacks adjacent to
existing residences and improves maneuverability and circulation through the alley
by providing a conforming 5 -foot alley setback to the garage, rather than the
existing non - conforming 3 -foot 4 -inch alley setback. For these reasons, the project
can be viewed as not being detrimental to the neighborhood.
WHEREAS, the proposed project qualifies for a Categorical Exemption
pursuant to Section 15301 (Existing Facilities) of the implementing Guidelines of
the California Environmental Quality Act as the project is an addition to an
existing structure and is located on a developed site with no environmentally
significant resources present; and
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves
Variance No. 2006 -01, subject to the Conditions set forth in Exhibit "A.°
)0
City of Newport Beach
Planning Commission Resolution No. _
Page 3 0f5
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.
PASSED, APPROVED AND ADOPTED THIS 4th DAY OF JANUARY 2007.
AYES:
NOES:
ABSENT:
BY:
Jeffrey Cole, Chairman
BY:
Robert Hawkins, Secretary
City of Newport Beach
Planning Commission Resolution No. _
Paa 4 e of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 2006 -001
STANDARD CONDITIONS
The development shall be in substantial conformance with the approved site
plan, floor plan, and elevations stamped with the date of this meeting, except as
noted in the following conditions.
2. The garage shall remain clear of obstructions and remain available for the
parking of two operable, registered vehicles at all times. The garage shall serve
the residential unit and shall maintain clear interior dimensions in conformance
with the Zoning Code.
3. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
4. 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.
5. All public improvements shall be constructed, if required, in accordance with
applicable Ordinances and the Public Works Department requirements.
6. An encroachment permit shall be processed through the Public Works Department
for all work within the public right -of -way.
7. 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 control and transportation of equipment and materials shall be
conducted in accordance with state and local requirements.
8. 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.
9. Variance No. 2006 -001 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050 of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
PROJECT SPECIFIC CONDITIONS
10. With the exception of the FAR variance granted by the approval, the project shall
comply with all other development standards applicable to the R1.5 zoning
district.
N
City of Newport Beach
Planning Commission Resolution No. _
Page 5 of 5
11.The structure shall not exceed a maximum of 2,657.9 total gross square feet.
12. California Coastal Commission approval shall be obtained prior to the issuance of
building permits.
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Rear Set Back Area: 150 sgft
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