Loading...
HomeMy WebLinkAboutVeldardo Residence (PA2004-274) 3809 Channel PlCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 November 3, 2005 TO: PLANNING COMMISSION FROM: James Campbell, Senior Planner (949) 644 -3210, IcampbellCa2city .newport- beach.ca.us SUBJECT: Velardo Variance and Modification Permit (PA2004 -274) 3809 Channel Place APPLICANT: John Velardo, Property Owner ISSUE Should the City approve Variance No. 2004 -004 requesting that the construction of a single family home exceed applicable floor area limits and approve Modification Permit 2004 -090 to allow construction to encroach within required setbacks? RECOMMENDATION Staff believes that there are facts to support either approval or denial of the project. The Commission has three options: 1. If the Commission is able to make affirmative findings for both application requests, the Commission can approve the project. Staff has prepared a resolution approving the project for consideration (Exhibit No. 1). 2. The Commission may find that the applications are inconsistent with the purpose and intent of the Zoning Code or that the project might prove detrimental to the area. In either of these cases, denial is recommended and findings have been prepared for consideration (Exhibit No. 2). 3. Direct the applicant to reduce the structural square footage and /or setback encroachments to an acceptable level and continue the item to re- design the project. DISCUSSION The applicant desires to demolish an existing two -car garage and construct a 988 sq. ft. residence on a 1,034 sq. ft. lot. The application of setbacks to the subject property results in no buildable area thus necessitating a Variance to floor area standards in addition to a Modification Permit to allow construction within required setbacks. Velardo Variance and Modification November`IO2, 2005 Page 2 Background The small lot was created in 1960 when a previous owner sold the larger portion of the original lot to a separate party (3801 Channel Place). The division was not in compliance with the subdivision regulations in effect at the time because the resulting lots did not comply with the minimum lot size and the Planning Commission did not approve the substandard lots. The transaction created a private utility and vehicular access easements for the abutting lot. The utility easement affects the southerly 3 feet of the lot and the access easement affects the northeasterly corner of the lot. The private easements are shown on the site plan. Current Development Two car garage To the north: Single-family residences To the east: Duplex To the south: Single-family residences To the west: Single-family residences Velardo Variance and Modification November 3, 2005 Page 3 The Subdivision Map Act states that the City shall issue a Certificate of Compliance (CC) upon request of the property owner. The City must issue the CC, however the City may apply conditions of approval to enforce subdivision standards that were in effect at the time of the illegal subdivision. The City is precluded from applying current subdivision standards and cannot invalidate the original division and subsequent transfers of property and financing. The issuance of the CC establishes the legitimacy of the lot and as such, the owner is entitled to the economic use of the property in accordance with the Zoning Ordinance. A conditional certificate of compliance was requested by the property and one was issued by the City (Exhibit No. 3). Project Overview The applicant proposes to demolish the existing two -car garage and construct a two - story residence with 988 gross square feet (Exhibit No. 4). The proposed two story residence includes a 2 -car garage and is approximately 22 feet in height. The proposed residence would encroach up to 19 feet in the required 20 foot front yard setback, 1 foot within both side yards and approximately 7 feet within the required rear yard that is measured from the back corner of the lot. The residence is comprised of 655 square feet of living area and 333 square feet for a two -car garage with a laundry area. The floor area distribution by floor is as follows: First Floor: 493 sq. ft. (Entry, 2 -car garage & laundry) Total Area 988 square feet Analysis General Plan & Local Coastal Program Land Use Plan The subject property has a General Plan Land Use and LCP Land Use Plan designation of Two - Family Residential. Single- family residences are permitted within the two- family designation. Additionally, the subject property is located within the Categorical Exclusion Zone (CEZ) of the Coastal Zone. Projects on properties located within the CEZ 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. E Velardo Variance and Modification November 3, 2005 Page 4 Zoning Code Development Regulations The subject property is located within the R -2 Zoning District. Single- family dwellings are a permitted use within the R -2 Zoning District. With the exception of the increased floor area and setback encroachments, all development regulations of the R -2 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. Floor Area Variance Zoning Code regulations allow structures in the R -2 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 and no alley access, the front and rear setbacks default to the standard setbacks of 20 feet and 10 feet, respectively. The rear setback is measured from a 10- foot line parallel to the front property line at the furthest location on the lot. 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 the Block Setbacks: Front: 20 ft. 3 ft or 10 ft. Varies between (Channel Place) 1 to 6 ft. Right Side: 0 ft. 3 ft. 3 ft. Left Side: 0 ft. 3 ft. 3 ft. Rear: 10 ft. from a 10- 5 ft. from alleys 4.25 ft. from the foot line or rear comer & 20 ft. from the 15 ft. from rear bay comer Gross Lot Area: 1,034 sq. ft. 2,895 sq. ft. No change Buildable Area: 0 sq. ft. 1,728 sq. ft. to No change 1,940 sq. ft. Floor Area Limit: (Buildable Area x 2) 0 sq. ft. 3,456 sq. ft. to 988 sq. ft. 3,840 sq. ft. Floor Area to Land Area Ratio: 0 1.21 to 1.34 0.955 Velardo Variance and Modification November 3, 2005 Page 5 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 setbacks along Channel Place - Front: 3 feet, Right Side: 3 feet and Left Side: 3 feet. The resulting buildable area using this method is approximately 650 square feet resulting in a maximum structural area of 1,300 square feet (650 x 2), which is approximately 312 square feet more than the proposed residence. Using a floor area to lot area ratio typical of lots in the block (1.21 to 1.34), the total area would be 1251 sq. ft. to 1,385 sq. ft., both which exceed the applicant's request. Based upon these two possible floor areas, the applicant's request for 988 square feet would not be out of proportion to 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. With no buildable area, technically, no open space requirement exists. The project does provide open space within the reasonable setbacks identified above. A conservative calculation of open space is 3,500 cubic feet using the reasonable setbacks and the open space provided with the design. The volume of open space provided to lot area is approximately 3.34 cubic feet to square foot. A typical lot in the block, which is 2,850 sq. ft. in area, is required to provide 3,456 cubic feet of open space. These numbers translate to an open space to lot area ratio of 1.21 cubic feet of open space to square feet of lot. 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 The Zoning Code requires the Planning Commission to make certain findings for Variances. These mandatory findings are listed and discussed below: 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. The orientation of the lot without alley access and size 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. Vi Velardo Variance and Modification November 3, 2005 Page 6 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. Whether granting the application is necessary for the preservation and enjoyment of a substantial property right is subject to determination by the Planning Commission because it can be argued that the property owner enjoys a substantial property right with the existing garage. 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 purpose of the Zoning Code is to protect the health, safety and welfare of the community. Minimum development standards including minimum lot sizes implement this purpose. Given that the lot in question is not of sufficient size for development when compared to the development standards of the Zoning Code, it can be argued that granting the variance is the granting of a special privilege as development on such a small lot is not a right and would be subject to discretionary review. However, the proposed project would result in a residence with a gross floor area of approximately 988 square feet that is below the floor to land area ratio allowed in the vicinity. Therefore, the granting of the variance to the floor area could also be viewed as not the granting of a special privilege to the property owner. 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 no street parking in the area and Newport Island has parking issues similar to other areas. The plan provides 3 -foot side yards similar to side yards of the neighborhood and it also provides a variable front yard setback of comparable depth to other street setbacks of other residences in the area. Additionally, the amount of floor area requested does not then 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. Velardo Variance and Modification November 3, 2005 Page 7 Approval of the Variance will allow a third unit where only 2 units were 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 property properties. Setback Modifications In conjunction with the Variance request, the applicant has requested a Modification Permit to encroach into all setbacks. The required and proposed setbacks are noted in the table above. The findings for a Modification Permit are as follows: 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 modification 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 setbacks suggested would be detrimental. The required front yard setback overlaps the required rear yard setback, and therefore, there are, technically, no required side yards. A graphic exhibit of the location of the setbacks is attached as Exhibit No. 5. Front yard setbacks along Channel Place on the opposite side of the street are 3 feet as established by the Districting Map. The setbacks on the southerly side of the street are side yards of the lots that front on the streets that intersect Channel Place. These side yards are typically 3 or 4 feet in width per the Zoning Code. Smaller setbacks exist and are nonconforming. The westerly portion of the residence is proposed to be setback 3 feet, 6 inches. One corner of the garage and floor area above will be 12 inches from the property line and sidewalk. The easterly portion of the site has a greater setback to accommodate the access easement to the abutting property. The varying setback 7 Velardo Variance and Modification November 3, 2005 Page 8 dimensions of the site provide some relief and articulation along Channel Place. The applicant plans two landscape planters totaling approximately 90 square feet in area within the front yard. This landscaping will assist in softening the frontage of the lot. Staff believes that the setbacks suggested on the plans are acceptable for these reasons and might not prove detrimental. The applicant proposes the structure to be 3 feet from both the east and south property lines, which amounts to an 11 -foot encroachment within the 15 -foot setback as measured from the rear corner of the lot. The 3 -foot setbacks are similar to side yards required for other lots in the area. The existing garage currently provides a 3 -foot setback to the east and no setback to the south. The resulting separation between the proposed two story building and the neighbor to the south will be 6 feet. The separation to the east will be 15 feet to living space and 6 feet to the corner of the neighbors garage. The 3 -foot setback to the south also observes the private utility easement that is a benefit of the abutting property to the east. Finally, the height of the proposed residence is 21 feet, 8 inches to the ridge which is well below the maximum of 29 feet. Staff believes that the suggested 3 -foot 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 generated. In summary, staff believes that the findings for approval of the Modification Permit can be made. Water and Sewer Connections Water and sewer connections to the abutting property to the east are located within the southerly 3 feet of the subject property. An easement was created with the division of the property for the benefit of the neighbor, so no further action is necessary. The proposed construction will remove the existing garage, which is presently located over the private easement and, as such, the removal of the structure is .a benefit to maintenance of the easement. Public Works staff suggests that the two property owners replace the aging sewer and water lateral during construction to avoid future disruption of the sideyard. Finally, separate utility connections for the proposed project (separate from the abutting duplex) will be required should the project be approved. 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. Velardo Variance and Modification November 3, 2005 Page 9 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. Prepared by: 1. Draft Resolution for approval 2. Findings for Denial 3. Conditional Certificate of Compliance 4. Project Plans 5. Setback exhibit Submitted by: I Patricia L. Temple, Manning Director Exhibit No. 1 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2004 -004 AND MODIFICATION PERMIT NO. 2004 -090 FOR THE PROPERTY LOCATED AT 3809 CHANNEL PLACE (PA2004 -274). WHEREAS, an application was filed by John Walter Velardo with respect to property located at 3809 Channel Place (PA2004 -274) and legally described as a portion of Lot 2, Block 538 of the Canal Section, requesting approval of Variance to to allow construction of a single family residence that would exceed the applicable floor area limit and Modification Permit to allow encroachments of the proposed single family residence into the front and rear yard setbacks. WHEREAS, a public hearing was first held on November 3, 2005 at 6:30 P.M. in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at the meeting. WHEREAS, the Planning Commission finds as follows: 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 generally apply to land, buildings and /or uses in the same district. The orientation and size of the lot is 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. 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. 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 will result in a structure that is similar to and consistent with the development regulations permitted on other lots in the area. The requested gross floor area of approximately 988 square feet is below the floor to land area ratio allowed in the vicinity. Therefore, the granting of the variance to the floor area does not grant 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 heffi th or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the 13 Resolution No. Page 2 of 5 circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. The property is designated for two- family residential use and the granting of the variance would not increase the density beyond what is planned for the area, thereby avoiding additional traffic, parking or demand for other services. Project approval results in a structure that is similar to surrounding dwellings with respect to size, bulk and design and the project provides over, 3j500; cubic feet of, open space within the reasonable identified setbacks consistent with the legislative intent of the Zoning Code. Granting the request for the establishment of the floor area of 988 square feet and deviation from open space standards will not be detrimental to the surrounding neighborhood. 5. The establishment, maintenance or operation of the use of the property or building will not, under.the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of this code for the following reasons: The design of the project has front yard setbacks that vary from 1 foot to approximately 6 feet. Similar front and side yard setbacks presently exist along Channel Place and smaller nonconforming setbacks exist in the area. The portion of the building that encroaches to 1 foot from the front property line is small in area. The varying setback 1 dimensions of the site provide some relief and articulation along Channel Place. Two landscape planters totaling approximately 90 square feet in area within the front yard will assist in softening the frontage of the lot. The existing garage currently provides a 3 -foot setback to the east and no setback to the south and the project increases the southerly setback to 3 feet. The 3 -foot setback for both side yards is similar to other side yards required for other lots in the area. The separation between the proposed building and the neighbor to the south will be 6 feet and the separation to the east will be 15 feet to living space and 6 feet to the comer of the neighbor's garage. The 3 -foot setback to the south also observes the utility easement that is to the benefit of the abutting property to the east. The height of the proposed residence is 21 feet, 8 inches to the ridge which is well below the maximum of 29 feet. The suggested 3 -foot 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 generated. 6. The. design. of the. proposed improvements, as conditioned, will not conflict with any easements acquired by the public at large for access through, or use of, the property by the Public. 7. Public improvements in the form of modifying or replacing the existing driveway approach on Channel Place with a standard drive approach, curb, gutter and sidewalks, is required of the developer pursuant to Section 20.1.040 of the Municipal Code. )q Resolution No. Page 3 of 5 8. The proposed project qualifies for a Categorical Exemption pursuant to Section 15303 of the Implementing Guidelines of the California Environmental Quality Act. This exemption allows the construction of limited new structures including a single - family residence in an area designated for such use where the development does not significantly impact environmental resources. The site is presently developed with a single - family residence and is devoid of . any significant environmental resources. NOW, THEREFORE, BE IT RESOLVED Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Variance No. 2004 -004 and Modification Permit No. 2004 -090, subject to the Conditions set forth in Exhibit 1. Section 2. This action shall become final and effective fourteen (14) 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 NOVEMBER, 2005. BY: Michael Toerge, Chairman P.M Jeffrey Cole, Secretary AYES: NOES: ABSENT: Is Resolution No. _ Page 4 of 5 Exhibit 1 CONDITIONS OF APPROVAL Variance No. 2004 -004 & Modification Permit No. 2004 -090 1. The development shall be in substantial conformance with the approved plot plan, floor plans and elevations dated December 1, 2004. No further building encroachment within setbacks or increase in structure height shall be allowed without an amendment to this application. 2. Variance No. 2004 -004 and Modification Permit No. 2004 -090 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. 3. 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 Uniform Building Code. 4. An Encroachment Permit shall be required for all work to be performed within the public right of way. All public improvements shall be constructed as required by Ordinance and the Public Works Department. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 5. 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. 6. The structure shall not exceed a maximum of 988 gross square feet. 7. The garage shall remain clear of obstructions and remain available for the parking of vehicles at all times. The interior dimensions of the garage spaces shall conform to the Zoning Code. 8. Prior to the issuance of building permits, the applicant shall obtain approval from the California Coastal Commission for the demolition of the existing structure and the construction of the new residence. 9. The landscape planters shown on the site plan shall be provided and shall be planted and maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 11 Resolution No. Page 5 of 5 10. The existing sewer and water lateral that serve the abutting property (3801 Channel Place) shall be inspected and replaced if necessary in the opinion of the Building, Utilities or Public Works Departments. 11. All utility connections to the proposed structure shall be underground. 12. The utility easement and access easement described within the legal description of the real property shall be reserved and maintained for the benefit of the easterly portion of said Lot 2 of Block 538 of the Canal Section. V+ Exhibit No. 2 Findings for denial Variance No. 2004 -004 & Modification Permit No. 2004 -090 1. The granting the Variance to floor area is not necessary for the preservation and enjoyment of a substantial tproperty right as the property owner enjoys a substantial property right with the existing garage. 2. The 1,036 sq. ft. lot is not large enough for development when compared to the development standards of the Zoning Code, and the granting the Variance to allow 988 square feet of floor area is the granting of a special privilege as development on such a small lot to this degree is not a right that other property owners enjoy. 3. Approval of the Variance will allow a third unit where only 2 units were originally planned, considering the original subdivision and zoning pattern. Approval would create additional development and density with this additional unit beyond what was planned for and it would add additional traffic, activity and demand for public services to the detriment of abutting property properties and neighborhood. 4. The location of the proposed residence is in close proximity to abutting buildings and Channel Place and does not provide sufficient separation of the two -story building proposed and therefore, the encroachments within setbacks is detrimental to the neighborhood. This page is blank if s RECORDING REQUESTED BY: m Newport Beach Planning Department a4 3300 Newport Boulevard Newport Beach, California 92663 AND WHEN RECORDED MAIL TO: Newport Beach Planning Department 3300 Newport Boulevard. Newport Beach, California 92663 I1 Name: John Walter Velardo Street: 20 Campbelldale Road City: Enderby, British Columbia VOEt V4 Canada Owner: Exhibit No. 3 Recorded in official Records, orange County Tom Daly, Clerk- Recorder IHlfifllll(1�11111�! 111111(} IIIIICI�Illligill�l (gllll�l�li11112.00 2004000990319 09:21am 10/21/04 130 51 C17 3 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE CONDITIONAL CERTIFICATE OF COMPLIANCE NO. 2003 -001 California Government Code Section No. 66499.35(b) CITY OF NEWPORT BEACH Site Address: 3809 Channel Place, City of Newport Beach, County of Orange Assessors Parcel Number: 423 064 02 Number of parcels for which this Certificate of Compliance is being issued and recorded: One (1) LEGAL DESCRIPTION Lot 2 of Block 538 of the Canal Section, in the City of Newport Beach, County of Orange, in the State of California, as per map recorded in Book 4, Page 98 of Miscellaneous Maps, in the office of the County Recorded of said County excepting therefrom that portion of Lot 2 lying easterly of a line beginning at a point in the southerly line of said Lot 2, 50.00 feet westerly of the southeasterly corner thereof; thence northerly along a line parallel with the easterly line of said lot, a distance of 28.50 feet; thence westerly along a line parallel with the said southerly line a distance of 2.50 feet; thence northerly along a line parallel with the easterly line of said .lot to the northwesterly line of Lot 2. An easement for utility purposes over the southerly 3.00 feet of said Lot 2 except for the easterly 50.00 feet thereof and an easement for ingress and egress over said Lot 2, except the southerly 32.00 feet and the easterly 52.50 feet of said Lot 2. 0 t� -za •S Channel Place Page: 2 of 2 CONDITIONAL CERTIFICATE OF COMPLIANCE NO. 2003-001 California Government Code Section No. 66499.35(b) CONTINUATION I hereby determine that the above- described real property does not comply with the applicable provisions of the Subdivision Map Act and of the Newport Beach Municipal Code and I herby issue this Conditional Certificate of Compliance. Pursuant to this certificate, THE PROPERTY MAY BE SOLD, LEASED OR FINANCED as one parcel without further compliance with the Subdivision Map Act of any local ordinance enacted pursuant thereto; however, the following condition shall be imposed and shall remain effective in perpetuity unless the City releases or otherwise eliminates the condition: The utility easement and access easement described within the legal description of the real property shall be reserved and maintained for the benefit of the easterly portion of said Lot 2 of Block 538 of the Canal Section. This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinance enacted pursuant thereto. The parcel described here in 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 1,034 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 setbacks 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 -2t . ,i CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of lJ On V • ld 2-J°.15 , before me, C! � 1D�2f Date Names nd TWO oofpOffiicer (e.8..'jam Doe, Notary Pu CD personally appeared r� "� L • t� Namels d wigneris) Apersonally known to me ❑ proved to me on the basis of satisfactory evidence CATHY FISHER J Commission /1341009 � Notary Public - Califomia £ Orange county QMYComm. Expires Feb 27, 20D0 to be the personM whose name is re subscribed to the within instrument and acknowledged to me thashe hey executed the same in his er elr authorized capacity(ibQ, and that by hi /he their signature(4on the instrument the person04, or the entity upon behalf of which the person( acted, executed the instrument. ESS my hand and Icial seal. Piece NM, Seal Above Sign d Notary Pu�� OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docu ent 1 Title or Type of Document: C--o^k • #,.A �r^' t • 'i2 ^^ - - �~ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual • Corporate Officer— Title(s): • Partner-0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER OIB9B N85onal fbtary ASSOtleuon• 935e Da Sob Ave.. P.O. Ba, 2x02 • Cbat mrEIN CA 9131&3 • xwn.f2aolulnMary.org Pr . No. 5997 19eoitlx. Call Td Frae t-9eOB]66aPr ;11 tit I till, x � p k 2 $ gQ S� i5i Vo o ;I ° °� 3 . -...i ki w .. Z. ij, Z w w y w3 y -.- 20 Fm �. '8 T tH'oo- \ s BUD z a $I dt= \ gg ,C4 C LL ho IJ, s< e a L o LL oU Lit aF a°, ,°o Vy I 8 ik T G Jb go z p & z o _m a as - - Lit �r - 04 -,£L lit i �1 I I ml 3 bl n I d i al w 5Ppg� z z �" �Y� Z�o3 � m m rc dN `� 4g zm zN �,® �K� 9 9q`1611 L L g95y H INS %� y ST �� Q °a d 'i _6 S 9)� ❑ � d W J V C4 '! is IN a .& ,A gg gg g ga� > u - -d U € 4 a i- O 0 0 0 COO O QOO� : I i � IZ AIAL I 1 I - 7 I i I I O '(D O®Q O 00 a ! - a I. i I I r y, y I i � f III• , —_ � /`'hj� ` _ I �jl /� ^i ��j_' A N T I - i i s•I � EI s'� a - .! �• �I. X; °I o 81 8 - - �• R. $j i $ - (319tlM0'ilY '%VW .0-.BZ) i I 0 - a. ... i^ ij I� I'. I ' - I � � Ili - 8 • �`/II(yJL I - lil O l i' Q i�I III li,ilr r El z F i B E CAI X31 _ k 41 tl P P RI A 8: 8 K z �n 1 A ` >O mm Z °n m x m O O � u ALI F)rm'1 830 p=T A c 1. Pmm� m> ii Exhibit No. 5 oy 9,I,ti F AZ9 of / N m yZKyn v� 2&5v u 1 ` m Z °n �z r�j rM m mm AS m Iml� f m� yt m gg It / oK 9 N �T OA�Onn ,y� 1 0i ,A, 2 • Ego rAa w my 3cz m N E F �o g M zg a o m Exhibit No. 5 oy 9,I,ti F AZ9 of / N m yZKyn v� - 2&5v u 1 ` m Z °n r�j rM m mm AS yt m gg It Elf 9 N 1 0i m bo b rD 5i r m 3F 1 - 2&5v u ` g I;IMz °n r�j rM m mm AS yt m gg It Elf 9 0i m b 1�:1 n L 24