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HomeMy WebLinkAboutSimpkins Residence (PA2004-155)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. A October 7, 2004 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208 rung @city.newport- beach.ca.us SUBJECT: Simpkins Residence Variance No. 2004 -001 & Modification Permit No. 2004 -053 (PA2004 -155) 520 Larkspur Avenue APPLICANT: Mary Jean Simpkins REQUEST A Variance request to allow the construction of a new 2,472 square foot, two -story, single - family residence with a basement level to exceed the established floor area limit and a Modification Permit to allow the new residence to encroach 7 feet into the required 10 -foot rear yard setback. RECOMMENDATION Staff recommends approval of the Variance and Modification Permit; however, staff suggests that the floor area be reduced to 1,964 square feet, which can be achieved by the elimination of the basement. Site Overview The subject property is located at the southeast comer of Larkspur Avenue and Third Avenue in the Old Corona del Mar area. The property is the front one -half of a larger comer lot that was previously subdivided into two lots pior to 1953, and is therefore smaller than typical lots in the area. Vehicular access to the property, which has an existing one - car garage, is taken from Third Avenue. Simpkins Residence (PA2004 -155) October 7, 2004 Page 3 of 9 Proiect Overview The applicant proposes to demolish the existing single - family dwelling and construct a new two -story single - family dwelling with a basement and an attached two -car garage. Garage access is proposed from Third Avenue. The applicant also proposes to construct two exterior decks on the second floor, one overlooking Third Avenue and the second overlooking Larkspur Avenue. The floor area, distributed by floor, is as follows: Basement: 564 sq. ft. (Game room) First Floor: 960 sq. ft. (Kitchen, living room & 2 -car garage) Second Floor 948 sq. ft. (Master bedroom, 2 bedrooms, and 2 bathrooms) Total Area: 2,472 sq. ft. DISCUSSION General Plan The subject property has a General Plan Land Use designation of Two - Family Residential. The proposed single - family dwelling is consistent with the land use designation. Zoning Code Development Regulations The subject property is zoned R -2 (Two - Family Residential). The proposed single - family dwelling is a permitted use within the R -2 zone. With the exception of the increased floor area and setback encroachment, all development regulations of the R -2 zone appear to have been met based upon staff's review of the attached plans. The minimum corner lot size in the R -2 zone is 6,000 square feet with a minimum lot width of 60 feet and therefore the existing 30'x67' lot is nonconforming. For the purpose of validating the existing lot configuration, the applicant is required by Title 19 (Subdivisions) of the Municipal Code to apply for and receive a Certificate of Compliance. Based upon the age of the division and the fact that the City has approved the lot for development previously, a Certificate of Compliance shall be issued per the Subdivision Map Act. Floor Area Variance The total allowable gross floor area for R -2 lots in Corona del Mar may not exceed 1.5 times the buildable area of the site. Using this criterion, the maximum floor area permitted on the subject property is 1,332 square feet (24 x 37 x 1.5) which includes the proposed two -car garage. Simpkins Residence (PA2004 -155) October 7, 2004 Page 4 of 9 The following table contains standards and area calculations for the subject property, a typical -size lot in the neighborhood and the proposed residence with and without the basement level: As one can see, the subject property has a low floor area to land area ratio when compared to a typical lot on the block. Since 1980, the Planning Commission has considered several requests within the neighborhood for variances to permit gross floor area to exceed the established floor area limits. In most cases where the Planning Commission approved the variance, it was determined that there was an unusual circumstance affecting the property, which inordinately reduced the floor area permitted on the site. The primary circumstances noted included: unusual size or shape of the property or unusual setback configuration, which resulted in a limited amount of buildable area on the site. Several surrounding properties have received variances for floor area. This application has similar circumstances to these other lots. The table below provides the particulars: Proposed Proposed Development Subject Lot Typical Lot in with. . without Standards the Block basement basement level level Setbacks: Front (Larkspur): 20 ft. 20 ft. 20 ft. 20 ft. Side (Third): 3 ft. 3 ft. 3 ft. 3 ft. Side (Interior): 3 ft. 3 ft. 3 ft. 3 ft. Rear: loft. 5 ft. (abutting an 3 ft. 3 ft. alle Gross Lot Area: 30 ft. x 67 ft. = 30 ft. x 118 ft. = No change No change 2,010 sq. ft. 3,540 sq. ft. Buildable Area: 24 ft. x 37 ft. = 24 ft. x 93 ft. = No change No change 888 sq. ft. 2,232 sq. ft. Floor Area Limit: 888 x 1.5 = 2,232 x 1.5 = 2,472 sq. ft. 1,964 sq. ft. (Buildable Area x 1,332 sq. ft. 3,348 sq. ft. 1.5) Floor Area to Land 1,332/2,010= 31348/3,540= 2,472/2,010= 1,96412,010= Area Ratio: .663 .946 1.230 .977 As one can see, the subject property has a low floor area to land area ratio when compared to a typical lot on the block. Since 1980, the Planning Commission has considered several requests within the neighborhood for variances to permit gross floor area to exceed the established floor area limits. In most cases where the Planning Commission approved the variance, it was determined that there was an unusual circumstance affecting the property, which inordinately reduced the floor area permitted on the site. The primary circumstances noted included: unusual size or shape of the property or unusual setback configuration, which resulted in a limited amount of buildable area on the site. Several surrounding properties have received variances for floor area. This application has similar circumstances to these other lots. The table below provides the particulars: Simpkins Residence (PA2004 -155) October 7, 2004 Page 5of9 Property 520 Larkspur 3211 Third 600 3121 Third 3 feet Ave. (Subject Ave. Larkspur Ave. Property) (VA1199) Ave. (VA1099) VA1210 Gross Lot Area 2,010 sq. ft. 1,530 sq. ft. 1,920 sq. ft. 1,530 sq. ft. Buildable Area 888 sq. ft. WA' 816 sq. ft. 984 sq. ft. Maximum 1,332 sq. ft. N/A' 1,224 sq. ft. 1,476 sq. ft. Floor Area Floor Area 2,472 sq. ft. 1,447 sq. ft. 1,795 sq. ft. 1,643 sq. ft. Permitted by (with basement Variance level) 1,964 sq. ft. (without basement level Floor Area to 1.230 .946 .934 1.074 Land Area with basement Ratio: level .977 without basement level ' Strict applications of required setbacks result in no buildable area for tnis site. In the past, the Commission also has used the "reasonable setback" method to determine a possible floor area for similar cases. For this application, staff considered the following setbacks reasonable since they are consistent with what a typical lot orientation would be required: Front (Larkspur Ave): 20 feet Side(Third Ave): 3 feet Side (Interior): 3 feet Rear: 3 feet The resulting buildable area using this method is 1,056 square feet with a maximum structural area of 1,584 square feet (1,056 x 1.5), which is approximately 888 square feet less than the proposed residence. The Zoning Code requires the Planning Commission to make certain findings for Variances. These mandatory findings are listed and discussed below for the construction of new residence without the basement: Simpkins Residence (PA2004 -155) October 7, 2004 Page 6 of 9 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 lot size and configuration (lack of alley access) are not typical of other lots in the area, and the strict application of the setback standards would reduce the permitted building area to 1,332 square feet. This area is disproportionably lower than other lots within the area and under identical zoning provisions. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant The granting of the application for some increase in floor area is necessary for the preservation and enjoyment of substantial property rights of the applicant because the strict application of setbacks and resulting 1,332 square foot floor area would limit development to a small two- bedroom home that is inconsistent in design to other newer dwellings located within the neighborhood. 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 Code is to promote the orderly growth of the City to protect the health, safety and welfare of the City. Protection of the character of the City while assuring beneficial development is also a goal. In staff's opinion an increase in floor area will not violate these basic principles. As indicated in the previous table, the typical neighborhood lot in Corona de Mar is 30 feet by 118 feet with a 20 -foot front yard setback, 5 -foot rear yard setback (when abutting an alleyway), and 3 -foot side yard setbacks, which results in a floor area to land area ratio of .946 (3,348/3,540). When this same ratio is applied to the subject property, the allowable gross floor area would be 1,901 square feet (.946 x 2,010 sq. ft. of lot area). The applicant is proposing a two -story residence with a basement level of 2,472 square feet. The floor area to land ratio is 1.230, which is 571 square feet more than the floor area to land area ratio of the standard lot in the area. Without the basement level, the proposed residence will have the floor area to land area ratio of .977 or 1,964 square feet, which is slightly higher when compared to the typical lot. The applicant's request for a 1.23 floor area to land area ratio can be considered the granting of special privilege as no other property enjoys this high a ratio. The project without the basement level will result in a 1,964 square foot residence that is comparable with the floor to land area allowed on other properties in the neighborhood, and therefore not granting of a special privilege. Staff chose to recommend the 1,964 rather than 1,901 as the areas are comparable and the 1,964 is based upon a simple Simpkins Residence (PA2004 -155) October 7, 2004 Page 7 of 9 design alternative that is readily achievable (i.e. 1,901 would require a more significant redesign of the project). 4. That the granting of such application will no& 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 property is designated for two - family residential use and the granting of the application for an increase in floor area would not increase the density beyond what is planned for the area, thereby avoiding additional traffic, parking, or demand on other services. The project as designed with a basement would not have any negative visual impact to the adjoining residential properties. The applicant proposes a new residence that is 22 feet 3 inches in height, which is within the building height allowance of 24 feet. The site exceeds the 3,456 cubic feet open space requirement of 764 cubic feet (4,220 cubic feet proposed), provides two parking spaces and meets the 20 -foot front yard setback. Granting the reduced floor area of 1,964 square feet as suggested by staff will not, therefore, be detrimental to the surrounding neighborhood either. Setback Modifications In conjunction with the Variance request, the applicant has requested a Modification Permit to encroach 7 feet into the 10 -foot rear setback. The request for the modification results from the fact that the lot does not take access from the alley. The length of the subject property is 67 feet of the original 118 -foot lot. The rear property line of the subject property is the side property line of the rear lot. The adjacent dwelling to the rear of the lot fronts on Third Avenue and maintains a 3- foot side yard setback adjacent to the rear property line of the subject property. The applicant requests a 7 -foot encroachment for the structure, leaving a 3 -foot side yard setback that is comparable to the side yard setback on the adjoining lot. The existing residence currently has a 7 -foot rear yard setback. It is staff's opinion that a 3 -foot setback is a logical request in this application due to the lot's configuration and access even though the existing dwelling has a 7 -foot setback. The rear yard setback is most similar to a side yard and would be compatible to the required setback for side yards in the area and the 20 -foot front yard will provide the opportunity for outdoor living areas. Environmental Review 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 the residential zone). Simpkins Residence (PA2004 -155) October 7, 2004 Page 8 of 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. SUMMARY The lot has special circumstances that warrant approval of a Variance to increase the floor area. However, it is staff's opinion that the applicant's request for 2,472 square feet does not have the same floor area to land area ratio as other similar sized lots in the neighborhood and could be the granting of a special privilege. To be compatible with the other properties in the area and therefore not be the granting of special privileges, the project would need to be reduced to approximately 1,964 square feet. With regard to the Modification Permit request, for the rear yard encroachment, staff believes it is reasonable due to the size of the lot and that the relationship between the proposed home and the neighbor to the south is similar to a side to side which are typically 6 feet of separation. The proposed rear yard setback of 3 feet with the neighbor's 3 foot setback is adequate to ensure that light and air ventilation to the subject property and adjacent property is maintained. Should the Planning Commission concur with staff's analysis and recommendations and choose to approve the Variance as modified and approve the Modification Permit request, the suggested findings for approval and conditions of approval for the Variance and Modification Permit have been included in the attached resolution (Exhibit 1). Alternatives Should the Commission find that that the encroachment in the rear yard setback is not acceptable, staff recommends that the item be continued to allow the applicant an opportunity to redesign the project to conform to the desires of the Commission. If the Commission is unable to make affirmative findings for the Variance request as suggested by staff, the Commission should either direct the applicant to further reduce the floor area to an acceptable level and continue the item to prepare a revised design. Simpkins Residence (PA2004 -155) October 7, 2004 Page 9 of 9 Prepared by: Submitted by: M. Ung, so late Planner Patricia L. Temple, PI nning Director 1. Draft Resolution no. 2004 -_; findings and conditions of approval 2. Letter and project description from the applicant 3. Project Plans EXHIBIT 1 DRAFT RESOLUTION 1° RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2004 -001 AS MODIFIED AND MODIFICATION PERMIT NO. 2004 -053 FOR PROPERTY LOCATED AT 520 LARKSPUR AVENUE (PA2004 -155) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Mary Jean Simpkins, with respect to properly located at 520 Larkspur Avenue and described as the northwest 67 feet of Lot 22 Block 538 of Corona Del Mar, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 3 pages 41 and 42 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, California, requesting approval of Variance No. 2004 -001 to exceed the 1,332 square -foot floor area by 1,140 square feet, and Modification Permit No. 2004- 053 to allow a 7 -foot encroachment into the 10 -foot rear setback, in order to construct a new two -story single - family dwelling with a basement level. WHEREAS, a public hearing was held on October 7, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the property is designated Two - Family Residential by the General Plan Land Use Element and zoned R -2 (Two - Family Residential). The property is presently improved with a 960 square foot single - family dwelling unit, and the proposed single - family residence is permitted within the General Plan and Zoning designation. WHEREAS, the Planning Commission finds as follows: There are exceptional or extraordinary circumstances applying to the land, building or use referred to in the variance application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district. The lot size is not typical of other lots in the area and the lot configuration with no alley access combined with the strict application of the setback standards would reduce the permitted building area to 1,332 square feet. The limitation of floor area to this square footage would result in a disproportionately small house for the subject property in the Corona del Mar neighborhood. 2. The granting of the variance application as modified is necessary for the preservation and enjoyment of substantial property rights of the applicant. Without relief from the floor area limit, the applicant would not receive a proportionate enjoyment of a substantial property right enjoyed by other property owners in the area. The strict application of allowable floor area would limit development and would be inconsistent in design to other dwellings located within the neighborhood. 11 Planning Commission Resolution No. Page 2 of 5 3. The applicant's request for 2,472 square feet or 1.23 floor area to land area ratio can be considered the granting of special privilege as it would give the applicant more area proportionally when compared to other lots under the R -2 zone standards in the Corona del Mar area. 4. The project as modified not to have a basement level, will result in a dwelling unit that is similar to and consistent with the other dwellings in the area. The proposed 1,964 square feet is comparable to the floor to land area allowed on other properties in the neighborhood, and therefore will not be the granting of a special privilege. 5. 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 on other services. Granting the request for a floor area of 1,964 square feet will not, therefore, be detrimental to the surrounding neighborhood, and will result in a structure that is compatible to surrounding dwellings with respect to size, bulk, and design. 6. 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: a) The setback, as proposed, would result in the development of the site that is similar to other properties in the area. The proposed 3 -foot setback is a logical request due to the lot's configuration and access, and allows for maintenance of the 20 -foot front yard and reasonable use of the lot. The rear yard setback is more similar to a side yard and would be the same as the required setback for side yards in the area. b) The requested rear yard encroachment is reasonable due to the rear yard to side yard relationship. The proposed rear yard setback of 3 feet is adequate to ensure that light and air ventilation to the adjacent property is maintained. 7. The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through, or use of, the property within the proposed development. 8. Public improvements may be required of the developer pursuant to Section 20.10.040 of the Municipal Code. 9. The proposed project has been determined to be Categorically Exempt under Class 3 (Construction of a single - family residence in a residential zone). I a- Planning Commission Resolution No. Page 3 of 5 NOW, THEREFORE, BE IT RESOLVED: Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Variance No. 2004-001 as modified to allow the construction of a new two-story single - family residential unit not to exceed 1,964 square feet in area and having the floor area to land ratio of .977 and Modification Permit No. 2004 -053, 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 or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 7h DAY OF OCTOBER 7, 2004. BY: Larry Tucker, Chairman Jeffrey Cole, Secretary AYES: NOS: �3 Planning Commission Resolution No. Page 4 of 5 CONDITIONS OF APPROVAL Variance No. 2004 -001 & Modification Permit No. 2004 -053 1. The applicant shall submit to the Planning Department for review and approval of the revised plot plan, floor plans and elevations to reflect the Planning Commission's approval of the modified Variance and Modification Permit. 2. The new single - family residence shall be limited to 1,964 gross square feet in area. 3. Variance No. 2004 -001 and Modification Permit No. 2004 -053 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. 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 Uniform Building Code. 5. All improvements shall be constructed as required by Ordinance and the Public Works Department. 6. Prior to the issuance of building permits, the applicant shall obtain approval from the Planning Department and record the approved Certificate of Compliance with the County Recorder's Office. 7. The second floor deck located next to Bedroom #2, at the rear of the property, shall have a minimum dimension of 6 ft. x 6 ft. behind the approved setback areas. 8. The existing non - standard brick pavers shall be removed from the public right -of -way and landscaping shall be installed of the type approved by the Public Works and City General Services Departments. 9. A full width concrete sidewalk shall be constructed along the length of the Third Avenue frontage. 10. The existing damaged concrete curb and gutter along the Third Avenue frontage shall be reconstructed. 11. Any damage caused by the project to all public improvements is the responsibility of the applicant(property owner, since Third Avenue was recently rehabilitated. The applicant shall contact the Public Works Department for further details. 12. Per the City Municipal Code, new street trees shall be planted along the Larkspur Avenue and Third Avenue parkways. 14 Planning Commission Resolution No. Paqe 5 of 5 13. A new water meter and sewer cleanout shall be installed. If installed at a location that will be subjected to vehicle traffic, a traffic -grade box/frame and cover is required. 14. All utilities serving this development shall be undergrounded. 15. An encroachment permit is required for all work activities within the public right -of -way. 16. An encroachment agreement is required for the existing sprinkler system within the Third Avenue parkway. 17. Additional public works improvements may be required at the discretion of the Public Works Inspector, including the reconstruction of the existing concrete curb access ramp at the Larkspur Avenue/Third Avenue southeasterly curb return. 45 EXHIBIT 2 LETTER & PROJECT DESCRIPTION FROM THE APPLICANT lip To: City of Newport Beach/Corona Del Mar Planning department ATT: Rosalinh Ung Re: 520 Larkspur Ave Corona Del Mar Dear Rosalinh, RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH AI1G 2 5 2004 718191101111121112A415 6 I would first like to mention your assistance in meeting with my designer Mohsen Mehrtash and builder Mike Evans. They both spoke highly of your attention to detail and your efforts in getting my new home through the city approval process. Having lived in Corona Del Mar since 1945 and raised a family here, my children and grand children would also love to visit me here. As you are aware the residence is much beyond repair. According to the planning department's density requirements for this unusually small lot, the amount of floor space allowed is quite small. This particular lot was subdivided before my purchase. It is situated on the comer of Larkspur and Third Avenue. Because of the required 20 -foot front yard setback, which we will still maintain even with the requested variance taken into account, the buildable pad is so limited that a "remodeling" effort would not be economically feasible. Taking into account the current visual deterioration of the structure and our proposals sensitivities to style, scale and material selection makes a new building much more attractive for the neighborhood. After reviewing many options with my designer and builder, we thought of a basement space to try to give my grandchildren a place to play. Much like a game room. During this process I instructed Mohsen Mehrtash to try to maintain a look of the old Corona Del Mar beach house, and attempt to make the basement as unobtrusive from the exterior as possible. I think Mohsen has achieved that. The basement is not even noticeable from the outside. Even the hight of the building was lowered to accommodate the entire basement underground. In closing, this is a once in a lifetime opportunity come true for me. As you can see from the package we have spent a lot of time and effort on the aesthetic aspect of the project. With the way property values are these days and not many more building sites available in the area, I would very much like to have this project approved by your department. I, along with my friends/consultants, am available to answer any questions you may have. Please do not hesitate to contact any of us. Sincerely, Mary Jean Simpkins J^ To: City of Newport Beach/Corona Del Mar Planning department Re: 520 Larkspur Ave Corona Del Mar Good day, In regards to the above mentioned project, I'd like to thank the planning department's staff for partially approving the variances we had applied for. We believe we have designed a house that is in keeping with the scale of the neighborhood and the aesthetic spirit of a seaside village that is Corona Del Mar. The portion of the project that the planning department staff has reservations about is the basement. We would like to present a few points in regards to this project and the basement in particular. a. Aesthetically the massing of the house is not any different than surrounding homes with similar lot sizes. b. The added square footage of the basement does not alter in any way the exterior massing of the house. c. The basement does not add additional parking requirement to the house, therefore not a burden on traffic and parking in the neighborhood. d. The owner is not a developer and the basement is not being designed to increase any profitability for the owner. The owner, Mary Jean Simpkins, is the end user. e. The project enjoys support from various neighbors. We would appreciate your consideration of the above points in determining the viability of portion of the project. In closing, we certainly understand and appreciate the staff's review of the project based on the current planning codes. But we would also like the staff and the planning commission to weigh the minimal impact, if any, of the added basement to this project. I am available to answer any questions you may have. Please do not hesitate to contact any of us. Regards, Mohsen Mehrtash Mehr Group, Inc. 0( EXHIBIT 3 PROJECT PLANS I a� � 1 I �l -J `RRRRRS" 00'L9 M.OSN_ +_ dhhhd r Id CIE, ?1a �' I �I1 g2 �'g g 1111', I! 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