HomeMy WebLinkAboutHerbst Residence-PA2006-114 - 1710 East Bay AvenueCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
August 3, 2006
TO: PLANNING COMMISSION
FROM: Jaime Murillo, Associate Planner
(949) 644 -3209, imurillo (&city.newport- beach.ca.us
SUBJECT: Herbst Residence
Variance No. 2006 -002
Modification Permit No. 2006 -059
1710 East Bay Avenue (PA 2006 -114)
APPLICANT: Tim Herbst, Property Owner
ISSUE
Should the City approve Variance No. 2006 -002 requesting that the construction of a
single - family home deviate from applicable floor area requirements and approve
Modification Permit 2006 -059 to allow the construction to encroach within required
setbacks?
RECOMMENDATION
Staff recommends the Planning Commission approve Variance No. 2006 -002 and
Modification Permit No. 2006 -059, subject to the findings and conditions of the attached
draft resolution.
DISCUSSION
The applicant desires to demolish an existing two -car garage and construct a 1,094
square foot residence on a 899 square foot lot. The application of setbacks to the subject
property results in no buildable area, thus necessitating a Variance to the floor area
standards and a Modification Permit to allow construction within required setbacks.
Site Overview/ Background
The subject property is the west 30 feet of the east 90 feet of Lot 12 of the East Side
Addition to the Balboa Tract, more specifically located near the southwesterly corner of
the intersection of East Bay Avenue and J Street on the Balboa Peninsula. The lot is a
30 -foot wide by 29.97 -foot deep lot, measuring 899 square feet in area with a frontage
Herbst Variance and Modification
August 3, 2006
Page 2
Herbst Variance and Modification
August 3, 2006
Page 3
off East Bay Avenue, a named alley. The property is currently developed with a non-
conforming two -car garage measuring approximately 625 square feet. The existing
garage is setback approximately 7% feet from the front property line, I% feet from the
rear property line, 6- inches from the easterly side property line, and zero feet from the
westerly side property line. Permit history can not be located for the original construction
of the existing two -car garage; however, the applicant indicates that it was most likely
constructed in the 1950'x. (Exhibit 2 -Site Photographs)
The original underlying lot was created in 1905 as part of the original subdivision for the
tract and measured a standard 30 -feet wide by 100 -feet deep, with a total of 3,000
square feet of lot area. The lot was then divided several times over the years, ultimately
creating the parcels that exist today. Exhibit 3 is a copy of the Assessor's Parcel Map
illustrating the current configuration of the three parcels.
The subject parcel is unusually small in area and is about 30% of the original lot of the
subdivision. The small lot has existed as early as 1947 as evidenced in a Grant Deed
conveying the property to another entity as their sole and separate property (Exhibit 4).
The subject parcel was created prior to the City's first Subdivision Code in 1959, and
therefore has been determined to be a legally created lot. The City is precluded from
applying current subdivision standards and cannot invalidate the original division and
subsequent transfers of property and financing. Certificate of Compliance No. 2006 -005
(Exhibit 5) was issued by the City and recorded on July 5, 2006 establishing the
legitimacy of the parcel, and the property owner is entitled to the economic use of the
property.
The adjacent 10 -foot wide parcel located directly to the west of subject site was created
in 1937 as a residual parcel resulting from the sale of the east 90 feet of the underlying
lot. A portion of the parcel is currently used as a landscape planter, with the remaining
area undeveloped and used to facilitate the vehicular circulation through the alley
intersection. However, staff has been unable to locate any development restrictions
pertaining to that parcel with the exception of a 10 -foot by 10 -foot utility easement that
exists on the parcel.
Project Overview
The applicant proposes to demolish the existing two -car garage and construct a two -
story residence with 1,094 gross square feet of floor area (Exhibit No. 6). The proposed
two story residence includes a 2 -car garage and is approximately 25 -feet 7' /cinches in
total height to the ridge and 22 -feet 7- inches to the midpoint of the roof structure. The
proposed residence would encroach up to 17% -feet with a second story balcony and
15 -feet with the first story into the required 20 -foot front yard setback along East Bay
Avenue, 8 -feet into the required 10 -foot rear yard setback, and 2 -feet 6- inches into the
westerly 3 -foot side yard setback. In addition to the encroachments, a 4 -inch projection
and several 1'h -inch projections for architectural window and door trims are proposed
Herbst Variance and Modification
August 3, 2006
Page 4
around the structure. The residence is comprised of 577.87 square feet of living area
and 515.87 square feet for a two -car garage. The floor area distribution by floor is as
follows:
First Floor: 577.87 sq. ft. (2 -car garage & stairway entry)
Second Floor: 515.87 sq. ft (Living room kitchen. bedroom
Total Area 1,093.74 square feet
Analysis
General Plan
The Land Use Element of the General Plan designated the property for Single Family
Detached (SFD) uses. The proposed project is consistent with this designation, as well
as the proposed Residential Single Unit — Detached (RS -D) designation of the new
General Plan Update.
Local Coastal Program Land Use Plan
The subject property has a Coastal Land Use Plan designation of Medium Density
Residential. 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 these standards, the project would not qualify for a Categorical Exclusion.
Should this Variance and Modification Permit 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.
Zoning Code Development Regulations
The subject property is located within the R -1 Zoning District. Single- family dwellings
are a permitted use within the R -1 Zoning District. With the exception of the increased
floor area and setback encroachments, all development regulations of the R -1 Zoning
District have been met, including interior garage dimensions and structure height. Final
verification will occur during the building permit plan check process should this
application be approved.
no
Herbst Variance and Modification
August 3, 2006
Page 5
Floor Area Variance
Zoning Code regulations allow structures in the R -1 Zoning District to have a maximum
structural square footage equal to 2 times the buildable area. The buildable area of a lot
is simply defined as the lot area minus the setbacks. Due to the lack of a setback on the
districting map, the front and rear setbacks default to the standard setbacks of 20 feet
and 10 feet, respectively. The application of these two setbacks results in no buildable
area. The following chart shows relevant lot information and a comparison of the subject
lot to a standard lot in the block.
Development
Subject Lot
Typical Lot in
Proposed
Standards
3'
the Block
3'
Setbacks:
Front:
20 ft.
8 ft.
5 ft.
(E. Bay Ave.
Alley)
Right Side:
3 ft.
3 ft. or 4 ft.
6 inches
Left Side:
3 ft.
3 ft. or 4 ft.
3 ft.
Rear:
10 ft.
5 ft. from alleys
3 ft.
Gross Lot Area:
899 sq. ft.
3,000 sq. ft. to
No change
4,500 sq. ft.
Buildable Area:
0 sq. ft.
2,088 sq. ft. to
582 sq. ft.
3,219 sq. ft.
Maximum Floor Area:
(Buildable Area x 2)
0 sq. ft.
4,176 sq. ft. to
1,094 sq. ft
6,438 sq. ft.
Floor Area to Land
Area Ratio:
0
1.39 to 1.43
1.22
In the past, the Planning Commission has used the "reasonable setback" method to
determine a possible floor area for similar cases. In this particular case, staff considers the
following setbacks reasonable since they are consistent with what a typical lot orientation
would be required to provide:
Front:
3' (side yard abutting alley)
Right Side:
3'
Left Side:
3'
Rear:
3'
i
Herbst Variance and Modification
August 3, 2006
Page 6
The resulting buildable area using this method is approximately 576 square feet that would
result in a maximum floor area of 1,152 square feet (576 x 2), which is approximately 58
square feet more than the proposed residence.
Using a floor area to lot area ratio typical of lots in the block (1.39 to 1.43) for comparison
purposes, the total area would be 1,250 sq. ft. to 1,286 sq. ft., both exceeding the
applicant's request. Based upon these two possible floor areas and the fact that the actual
floor area to land ratio for the project is 1.22, the applicant's request for 1,094 square feet
would not be out of proportion to permissible development in the immediate area.
Open Space
Section 20.10.040(C) of the Zoning Code requires that open space be provided for
residential properties located on the Balboa Peninsula. Open space is measured in
cubic feet and calculated by multiplying the buildable width times the buildable height
times 6. The open space may be provided anywhere on the lot behind the required
setback lines, or in other words, within the buildable area, up to the 24 -foot height limit.
With no buildable area, technically, no open space requirement exists. Based on the
reasonable setbacks, the project would be required to provide 3,456 cubic feet of open
space (24' x 24' x 6').
The project does provide open space within the reasonable setbacks; however, the
open space is solely provided above the roof, which is allowable. A conservative
calculation of open space is approximately 2,214 cubic feet using the reasonable
setbacks and 1,221 cubic feet within the setbacks as proposed. Based on those
volumes, the ratio of open space provided to lot area is approximately 2.46 - 1.36 cubic
feet to square foot of land. For comparison, a typical lot in the block, which is 3,000 sq.
ft. in area, is also required to provide 3,456 cubic feet of open space. These numbers
translate to an open space to lot area ratio of 1.15 cubic feet of open space to square
feet. Given the comparison, staff believes that the open space provided by the proposed
project could be seen as satisfying the intent of the open space requirement.
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:
1. 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.
tI
Herbst Variance and Modification
August 3, 2006
Page 7
The size and location of the lot are not typical of the other lots in the area and the
strict application of the setback standards provide no buildable area and therefore
would preclude any redevelopment of the lot.
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 nonconforming property,
which is designated for residential use. Granting approval of the application is
necessary for the preservation and enjoyment of a substantial property right.
However, since the property owner preserves the right to maintain the existing non-
conforming two -car garage on the site, one could argue that the property owner
currently enjoys a substantial property right with the use of a garage and the
granting of this application is not necessary.
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 1,094 square feet is below the
comparable floor to land area ratios allowed in the vicinity. Additionally, the
provided open space to land ratio is 1.36 cubic feet to square foot which is higher
than the 1.15 ratio resulting from the minimum open space requirements of a typical
lot 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 as designed would not introduce a new
use to the area that is incompatible and the plans provide two off - street parking
spaces. The two parking spaces are important as there is minimal street parking in
the area. Other lots in the area are not required to provide a 20 -foot front yard
setback or a 10 -foot rear yard setback. The plan provides 3 -foot rear yard and side
yard setbacks adjacent to existing residences, similar to other side yard setbacks in
the neighborhood and it also provides a 5 -foot front yard setback, comparable to 5-
hit
Herbst Variance and Modification
August 3, 2006
Page 8
foot alley setbacks required for residences adjacent to 15 -foot alleys. Additionally,
the 6 -inch setback adjacent to the 10 -foot wide landscaped parcel to the west is not
detrimental since the parcel is un- developable as a residence and is largely
comprised of a utilities easement. Additionally, the amount of floor area requested
does not necessitate deviation from structure height standards which could be
viewed as detrimental. For these reasons, the project can be viewed as not being
detrimental to the neighborhood.
It should be noted however, that since a single - family residence currently exists on
the adjacent parcel to the east, that the approval of the variance will allow a second
unit where only one unit was originally planned if one considers the original
subdivision and zoning pattern. Denial of the variance would avoid the additional
development and density beyond what was planned for and it would also avoid the
additional traffic, parking, or demand for other services that the project would
generate. Although the impacts of the project are fairly small, granting the request
could be viewed as detrimental to the abutting properties.
Setback Modifications
In conjunction with the Variance request, the applicant has requested a Modification
Permit to encroach within the setbacks. The required and proposed setbacks are noted in
the table above. Chapter 20.93 of the Zoning Code requires the City to make the following
findings should approval of the Modification request be desirable:
A. The granting of the application is necessary due to 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.
B. The requested modificalion will be compatible with existing development in the
neighborhood.
C. The granting of such an application will not adversely affect the health or safety of
persons residing or working in the neighborhood of the property and will not be
detrimental to the general welfare or injurious to property or improvements in the
neighborhood.
Due to the size of the lot and no buildable area, it is clear that the lot has practical physical
difficulties in facilitating construction of any kind. What remains to be determined is the
appropriateness of the setbacks suggested by the applicant and whether or not the
suggested setbacks would be detrimental.
The required front yard setback overlaps the required rear yard setback, and therefore,
there are, technically, no required side yards.
J�
Herbst Variance and Modification
August 3, 2006
Page 9
I-I VI It ACwtAFn— IYVILIIOlI F I U 1-avow-
The northerly portion of the residence will maintain a 5 -foot setback to the property
line, with the exception of a balcony that will maintain a 2Y2-foot setback to the
property line. The 5 -foot main building setback is comparable to the required 5 -foot
rear alley setback of other residences in the area abutting the 15 -foot wide alley. The
proposed setback will provide adequate maneuverability for vehicles entering and
exiting adjacent garage spaces. The 2 %2 -foot 2nd story balcony extension has been
designed in accordance with the exemption permitted within the Zoning Code that
permits 2nd story encroachments into residential rear yard setbacks abutting alleys;
however, since the encroachment is into a front yard setback abutting an alley,
technically, a Modification request is also required. The balcony will maintain a
minimum 8 -foot high vertical clearance, which is sufficient height to not impede the
circulation of traffic or trucks through the alley.
Rear Setback — Southerly Property Line
In the past, the Commission has considered the "side yard relationship" to aid in
determining an appropriate setback for lots with reversed orientations. In this
particular case, the 3 -foot setback is intended to match the required 3 -foot side yard
setback of the other lots in the vicinity and is also identical to the minimum side yard
setback that would have been required if the original underlying lot had not been
subdivided and was developed in a typical fashion. Staff believes that the proposed
setback is acceptable.
Side Yard Setback — Westerly Property Line
The side yard setbacks are based on the Zoning Code requirements that R -1 lots
40 -feet or less in width provide a minimum 3 -foot setback. The proposed project
maintains a 3 -foot setback to the easterly property line, but encroaches 2Y2-feet into
the westerly side yard setback and an additional 4- inches with a minor architectural
window trim projection. As previously mentioned, the 6 -inch structure setback
adjacent to the 10 -foot wide landscaped parcel to the west is reasonable since the
parcel is un- developable, given its width for a residence, and is largely comprised of a
utility easement.
In addition to the proposed setbacks discussed above, 6- inches of roof overhang and
various 1 Yrinch architectural window and door trims are proposed to encroach beyond
the face of the structure. These minor architectural projections add visual interest and
result in a structure that is more compatible with the surrounding development.
Additionally, the height of the proposed residence is 25 -feet 7'/2- inches to the ridge
which is well below the maximum of 29 feet. Staff believes that the suggested setbacks
in conjunction with the height of the proposed structure will provide sufficient light, open
space and separation between the abutting properties such that no detriment is
Herbst Variance and Modification
August 3, 2006
Page 10
generated. Therefore, staff believes that the findings for approval of the Modification
Permit can be made.
Environmental Review
The project qualifies for a Categorical Exemption from the requirements of the California
Environmental Quality Act under Class 3 (Construction of a single - family residence in a
residential zone). This exemption permits the construction of small structures including
single family homes on lots not environmentally sensitive.
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
1. 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 will not preclude the
owner's reasonable use of the property due to the presence of the existing non-
conforming two -car garage.
2. The Commission has the option to direct the applicant to reduce the gross
square footage and/or setback encroachments to an acceptable level and
continue the item to re- design the project.
Prepared by:
Jair a Murillo, Associate Planner
Exhibits:
1.
Draft Resolution for approval
2.
Existing Site Photographs
3.
Assessor's Parcel Map
4.
Grant Deed
5.
Certificate of Compliance
6.
Project Plans
Submitted by:
ja F1
Patricia L. Temple, Planning Director
L_
EXHIBIT 1
Draft Resolution
6
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING VARIANCE NO. 2006 -002 AND
MODIFICATION PERMIT NO. 2006 -059 FOR PROPERTY LOCATED AT
1710 EAST BAY AVENUE (PA 2006 -114)
WHEREAS, an application was filed by Mr. Tim Herbst with respect to property
located at 1710 East Bay Avenue, and legally described as the west 30 feet of the east
90 feet of Lot 12, Block 26 of the East Side Addition to the Balboa Tract, requesting
approval of a Variance to allow a new single - family residence to deviate from the floor
area requirements and a Modification Permit to allow construction within the setbacks.
WHEREAS, a public hearing was held on August 3, 2006 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.
WHEREAS, the property is designated Single Family Residential by the General
Plan Land Use Element and zoned R -1 (Single - Family Residential). The project proposes
constructing a new single - family residence, which is permitted within the General Plan and
Zoning designation.
WHEREAS, a Variance to the applicable floor area requirements has been
prepared and approved, in accordance with Chapter 20.91 of the Newport Beach
Municipal Code, for the following reasons:
1. Strict application of this code deprives the property of privileges enjoyed by other
property in the vicinity and under identical zoning classification due to the following
special circumstances applicable to the property:
a. The size and location of the lot are not typical of the other lots in the area
and the strict application of the setback standards provides no buildable
area and therefore would preclude any redevelopment of the lot.
b. Other lots in the area are not required to provide a 20 -foot setback to East
Bay Avenue or a 10 -foot rear yard setback.
2. The granting of the application is necessary for the preservation and enjoyment of
substantial property rights of the applicant because:
a. Without the granting of the variance to increase the permitted floor area, the
property owner could not construct a residence on the nonconforming
property, which is designated for residential use.
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 6
3. 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 because:
a. 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 1,094 square feet is
below the comparable floor to land area ratios allowed in the vicinity.
b. The open space to land ratio provided is 1.36 which is higher than the 1.15
ratio resulting from the minimum open space requirements of a typical lot in
the vicinity.
4. 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 because:
a. The granting of the variance for floor area as designed would not introduce a
new use to the area that is incompatible and the plans provide two off - street
parking spaces. The two parking spaces are important as there is minimal
street parking in the area.
b. The plan provides 3 -foot rear yard and side yard setbacks adjacent to
existing residences, similar to other side yard setbacks in the neighborhood
and it also provides a 5 -foot front yard setback, comparable to 5 -foot alley
setbacks required for residences adjacent to 15 -foot wide alleys.
C. The 6 -inch setback adjacent to the 10 -foot wide landscaped parcel to the
west is not detrimental since the landscaped parcel is un- developable as a
residence and is largely comprised of a utilities easement.
d. The amount of floor area requested does not necessitate deviation from
structure height standards, which could be viewed as detrimental.
WHEREAS, the proposed Modification Permit for the encroachment of the
proposed residence into the required setbacks into the setbacks have been prepared
and approved, in accordance with Chapter 20.93 (Modification Permits) of the Newport
Beach Municipal Code, for the following reasons:
1. The Modification Permit is necessary due to practical difficulties associated with
the property and strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code
because:
0
City of Newport Beach
Planning Commission Resolution No.
Page 3 of 6
a. Due to the size and location of the lot, strict application of the setback
standards provide no buildable area and clearly creates physical difficulties
in facilitating construction of any kind.
2. The requested modification will be compatible with the existing development in
the neighborhood because:
a. The proposed 5 -foot front yard (East Bay Avenue) setback is comparable to
the required 5 -foot setback of other residences in the area abutting a 15 -foot
wide alley. The 2nd story balcony extension will maintain a 2 ' /Moot setback
from the front property line and a vertical clearance of 8 -feet from the finish
grade, and has been designed in accordance with the Zoning Code setback
exception that residences in the area benefit from which permits 2nd story
encroachments into residential rear setbacks abutting alleys.
b. Given the lots reversed orientation, the proposed 3 -foot rear yard setback is
intended to match the side yard of the adjacent residence and is comparable
with the side yard setbacks of other residences in the area.
C. The project maintains the Code required 3-foot side yard setback to the
easterly property line; however, encroaches 2'/2 -feet into the westerly side
yard setback and an additional 4- inches with a minor architectural window
trim projection. The proposed westerly side yard setback is reasonable
since the adjacent 10 -foot wide landscape parcel is un- developable as a
residence and is largely comprised of a utility easement. Additionally, the
landscape parcel provides visual screening.
d. The various 1 % -inch architectural window and door trims and the
additional 6 -inch roof overhangs proposed beyond the face of the
structure promote architectural compatibility with the surrounding
residences.
3. 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 because:
a. The proposed 5 -foot front yard setback is comparable to the Code
required 5 -foot rear yard alley setbacks of other residences in the area
and provides an increased setback than the 3-foot side yard alley setback
of the adjacent residence to the east. The proposed setback will provide
adequate maneuverability for vehicles entering and exiting adjacent
garage spaces. Additionally, the 2nd story extension will maintain a vertical
clearance of 8 -feet and will not impede the circulation of traffic or trucks in
the alley.
b. The proposed 3 -foot rear yard setback is consistent with the required 3-
foot side yard setback of adjacent residences.
VO
City of Newport Beach
Planning Commission Resolution No. _
Paqe 4 of 6
C. The proposed 6 -inch setback with a 4 -inch architectural projection into the
easterly side yard is reasonable since the adjacent 10 -foot wide landscape
parcel is un- developable as a residence and is largely comprised of a
utilities easement.
d. The various 1 Y2 -inch architectural window and door trims and the
additional 6 -inch roof overhangs proposed beyond the face of the
structure are minor architectural projections that promote visual interest to
the structure and will not prove detrimental to surrounding properties.
WHEREAS, the proposed 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 (Construction of a single - family residence in a residential zone);
and
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves
Variance No. 2006 -02 and Modification Permit No. 2006 -059 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.
PASSED, APPROVED AND ADOPTED THIS 3'" DAY OF AUGUST 2006.
BY:
Jeffrey Cole, Chairman
L0
Robert Hawkins, Secretary
AYES:
NOES:
11
City of Newport Beach
Planning Commission Resolution No.
Pane 5 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 2006 -002
MODIFICATION PERMIT NO. 2006-059
1. 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. No further building encroachment within setbacks or increase in floor area shall be
allowed without an amendment to this application
3. The structure shall not exceed a maximum of 1,094 gross square feet.
4. The proposed residence shall maintain a minimum front yard (East Bay Avenue)
setback of 5 -feet, a rear yard setback of 3 -feet, and easterly side yard setback of
6- inches, and a westerly side yard setback of 3 -feet.
5. A balcony projection is permitted on the second story into the front yard setback
and shall provide a minimum of 2' /z -foot setback from the front property line and
a minimum vertical clearance of 8 -feet from finish surface.
6. In addition to the proposed building encroachments, a 1 '/Z -inch window and door
trim projection are permitted to encroach into the proposed setbacks as depicted
on the approved plans, and one 4 -inch window trim encroachment is permitted
into the westerly side yard setback.
7. Roof overhangs are permitted to encroach an additional 6- inches beyond the
face of the structure, as depicted on approved plans.
8. 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.
9. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
10. 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.
11. Openings shall not be permitted on the northerly side of the proposed residence
adjacent to the landscape parcel, unless otherwise approved by the Building
Department.
City of Newport Beach
Planning Commission Resolution No.
Paae 6 of 6
12. These approvals 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.
13.All public improvements shall be constructed if required in accordance with
applicable Ordinances and the Public Works Department requirements.
14.An encroachment permit shall be processed through the Public Works Department
for all work within the public right -of -way.
15. 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.
16.Overhead utilities serving the site shall be undergrounded to the nearest
appropriate pole in accordance with Section 19.24.140 of the Municipal Code
unless it is determined by the City Engineer that such undergrounding is
unreasonable or impractical.
17. California Coastal Commission approval shall be obtained prior to the issuance of
building permits.
18.Variance No. 2006 -002 and Modification Permit No. 2006 -059 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.
VI
EXHIBIT 2
Existing Site Photographs
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EXHIBIT 3
Assessor's Parcel Map
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EXHIBIT 4
Grant Deed
M
6658 •''• '�
IN CONSIDERATION of ten dollars t48ART
husband and wife, do hereby grant to SALLY X&R6A7iF;Y
as her sole and separate property, al that real prm-Wr OF< e °
port Beach, County of orange, State of California, dpseiC.:am`r. _ `
w The west 30 feet of the east 90 :feet of lot IS 1
1VT Addition to the Balboa Tract, in the City of Newport
California, as per map thereof recorded in book 4,pngoi
ords of said Orange County.
In SUBJEOR T0:
(V.Vy
1. Tarcee for the fiscal year 1946 -47 a Lisa. r "
2.Conditions, restrictions, easements, reservat woo',,
of record.
M� U.S.I.R.5.02.20
Cancelled �.
WITNESS otr hands this 4th day of February 1947
Grant &
I�
Beatriaibq' 3
STATE OF CALIFORNIA) , '`��,
County of Orange )ea. On this 4th day of February 19rg71r .;a
Q Notary Public in and Tor said Q*dhty�.' ,{.9Tsa
(�} Grant X. Phillips and Beatrice W- Phillips, known to me to UpB4°�
whose names are subacrined to the within instrument and enktiow$k. 'd6+isItQe.',.
some.
WITNESS my hand erd Official anal the day and year in this *SMAtIORtie fl"t 8604
.
written.
(ISgAL)) D.C. Hamilton Notary Pa0314
In and for said County and Btate
SUB Reoorded at request of Securlt� title InaUMOe aid 0MArnnte0 CO. at 9 A.B.
Feb 2S 1947 in book 1472 page 377 Official Records Of Crags County, California. Fees 1.0013
Bub; RoFnrlend, County Reoorder,
Carolina Harvey COMPARED Blanche Vaughn
- - - 000 - - -
6.','ii
ORAN1• DEED -
JH3R1r TH'•NAB wife of Wl"I'sn i:ean Thc.z-S, In considersLion of ten dollars to her
Iri land onii, t! ;e receipt of w^:Ioh is '.erebr aoAnowledged, does hereby grant to JOSH AARON
:I>RIG:7 a Tarries ma:., ail that real cropr:•ty altuated in the City of HOntington hea0b,
.',onr :y ::f Ornnge, State of Jt+llfur.;ia, d-seriued 6 a follower
.Lu a 15,:'l, And 23 In tloce. U9, of i;u:itington Beach, as per map recorded in book 3
of y.iace:; Annuua ..r•ca in the aftier f the County .iecor6er for Grange Ccunty,
3;46.
J ^c +•ie :hcz �s•
:c ec _ +:•
1y46 befor- me, tre cnlersignec, a
,. ... sun e7, pe C3a rnil}' Pi °. °r red Cherie
to :zf ^regc;:7 Sns truxe nt I
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EXHIBIT 5
Certificate of Compliance
3-0
r RECORDING REQUESTED BY:
$ o
Newport Beach Planning Department
G Fp0.�s 3300 Newport Boulevard
Newport Beach, California 92663
AND WHEN RECORDED MAIL TO:
Newport Beach Planning Department
3300 Newport Boulevard
Newport Beach, California 92663
And
Name: Timothy Herbst
Street: 5195 South Las Vegas Boulevard
City: Las Vegas, NV 89119
Recorded in Official Records, Orange County
Tom Daly, Clerk- Recorder
IIIIIIIUl IIIIIIII�II�IIIIIII�IIIIIIIIIIIIIIIIIIIIIII�IIIIInINIIN 12.00
200600044944311:48am 07/05/06
115 81 C16 3
0.00 0.00 0.00 0.00 6.00 0.00 0.00 0000
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CERTIFICATE OF COMPLIANCE No. 2006 -005
California Government Code Section No. 66499.36(c)
CITY OF NEWPORT BEACH
Owner:
Site Address:
Assessors Parcel Number: 048 - 232 -18
Number of parcels for which this
Certificate of Compliance is being issued.and recorded: One (1)
LEGAL DESCRIPTION
The real property in the City of Newport Beach, County of Orange, State of California,
described as:
The West 30 feet of the East 90 feet of Lot 12 in Block 26 of the, East Side Addition to
the Balboa Tract, in the City of Newport Beach, County of Orange, State of California,
as per Map thereof recorded in Book 4, Page 20, of Miscellaneous Maps, records of
said Orange County.
I
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31°
CC
Owner /Address: Herbst/ 1710 E. Bay Avenue Page: 2
CERTIFICATE OF COMPLIANCE
California Government Code Section No. 66499.35(c)
CONTINUATION
Newport Beach Certificate of Compliance No. 2006 -005
Notice:
This document certifies compliance with the State Subdivision Map Act, specifically
Government Code 66499.35, and the local subdivision ordinance enacted pursuant
thereto. The parcel described herein may be sold, leased, or financed without further
compliance with the Subdivision Map Act or any local ordinance enacted thereto.
Development of the parcel may require issuance of a permit or permits, or other
grant or grants of approval.
The described lot is approximately 900 square feet in area and has no buildable
area as defined by the Newport Beach Zoning Code as required setbacks
encompass the entire lot. The existing two car garage is nonconforming to allowable
building area and setback standards. As a nonconforming structure, alteration of the
structure is strictly regulated by the Zoning Code. Depending upon the type and
scope of alteration, the Zoning Code may require a discretionary permit or the
alteration may not be allowed. Increasing the size of the existing structure or
replacing the structure (whether it is larger or not) will require a Variance to the
allowable floor area and setbacks would need to be modified in order to implement
the expansion or replacement. These permits require a public hearing and approval
by the Planning Commission. These permit applications are discretionary and might
not be approved should an application be found to be contrary to the intent and
purpose of the Zoning Code or be found detrimental to the health, safety or general
welfare of the City.
City of Newport Beach
d /r; /a
,Mmes W. Campbell, Senior Planner for
Patricia L. Temple, Planning Director Date
ress: Herost 11710 E. Bay Avenue Page: 3 of 3
CERTIFICATE OF COMPLIANCE
California Government Code Section No. 66499.35(c)
CONTINUATION
Newport Beach Certificate of Compliance No. 2006 -005
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On Q u ^L ° 2004, before me, LaVonne M. Harkless, City Clerk of the
City of Newport Beach, personally appeared �:J Om S - - &mj2j(-)e&
personally known to me to be the person whose name is subscribed to the within instrument
and acknowledged to me that he%she has executed the same in hisNTmauthorized capacity, and
that by his0her signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official.seal.
oz��% /Do. /-44-&n
LAVONNE M. HARKLESS, CITY CLERK
CITY OF NEWPORT BEACH, CALIFORNIA
EXHIBIT 6
Project Plans
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