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HomeMy WebLinkAboutVelardo Variance & Modification (PA2003-048)0 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 June 5, 2003 TO: PLANNING COMMISSION FROM: James Campbell, Senior Planner (949) 644 -3210, iampbell @city.newport- beach.ca.us SUBJECT: Velardo Variance and Modification - 3809 Channel Place Variance No. 2003 -002 and Modification No. 2003 -025 (PA2003 -048) Request for a Variance to allow a proposed single - family residence to exceed the established floor area limit and a Modification Permit to allow the proposed residence to encroach within the front, side and rear setbacks. APPLICANT: John Velardo, Property Owner Staff recommends the Planning Commission hold a public hearing and approve Variance No. 2003 -002 and Modification Permit No. 2003 -025 (PA2002 -048) based on the findings and conditions of approval included within the attached draft resolution (Exhibit No. 1). 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. The small lot was created in 1960 when a previous owner sold the larger portion of the lot to a separate parry. The division was not in compliance with the subdivision regulations in effect at the time in that the resulting lots did not comply with the minimum lot size and the Planning Commission did not approve the substandard lots. It is not known why the County Recorder and the title company accepted and recorded the deed without City approval of a subdivision map. The transaction created a public utility and vehicular access easement 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 easements are shown on the site plan. Velardo Variance and Modification June 5, 2003 Page 2 Current Develo ment: Two car garage To the north: Single-family residences To the east: Duplex To the south: Single-family residences To the west: -ingla-family Single-family residences Velardo Variance and Modification June 5, 2003 Page 3 The S ubdivision M ap A ct s tates t hat t he C ity s hall issue a C ertificate o f C ompliance (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 of 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. The property is zoned for two- family residential use and the applicant seeks permission to construct a single unit. Project Overview The applicant proposes to demolish the existing two -car garage and construct a two - story residence with 988 gross square feet. The proposed residence will 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 proposed residence is comprised of 655 square feet of living area and 333 square feet for a two -car garage and laundry area. The floor area distribution by floor is as follows: First Floor: 493 sq. ft. (Entry, garage & laundry) Second Floor: 495 so. ft (Living room, kitchen, bedroom & bath) 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 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 formal Coastal Commission review if the subject lot is greater than 1,200 square feet, structural square footage does not exceed 1.5x 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. Velardo Variance and Modification June 5, 2003 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. 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 corner & 20 ft. from the 15 ft. from rear bay corner 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 June 5, 2003 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 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, staff supports the applicant's request for 988 square feet. 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 a nd the open space provided with the design. T he 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 satisfies 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: Velardo Variance and Modification June 5, 2003 Page 6 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 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 n of c onstitute a grant o f s pecial p rivilege i nconsistent with t he 1 imitations o n 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 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 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 3,500 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 should not be detrimental to the surrounding neighborhood. Based on the foregoing, staff believes that the facts support the approval of the Variance request. Velardo Variance and Modification June 5, 2003 Page 7 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. 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. 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 dimensions of the site provide some relief and articulation along Channel Place. The applicant p lans two I andscape p lanters t otaling a pproximately 9 0 s quare f eat i n a Tea within t he f ront y ard. T his I andscaping will assist i n s oftening t he f rontage of t he I ot. Staff believes that the setbacks suggested on the plans are acceptable for these reasons and should not prove detrimental to the surrounding area The front yard setback overlaps the 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. 3. 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 neighbor's garage. The 3 -foot setback to the south also observes the 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 setbacks suggested are acceptable, consistent with others in the neighborhood and provide adequate separation between buildings. Velardo Variance and Modification June 5, 2003 Page 8 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 easement and as such the removal of the structure is a benefit to maintenance of the utility easements. 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. 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 a residential zone). 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: If the Commission is unable to make affirmative findings for the Variance or Modification Permit request, staff suggests that the Commission 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. The Commission has the option to deny the project which will have the effect of maintaining the existing garage. Prep d by: Submitted by: � 10 r'aw 2k6i& L—L��L J es Campbel Senior planner Patricia L. Temple, PI nning Director Exhibits: 1. Draft Resolution for approval 2. Setback exhibit 3. Project Plans Exhibit No. 1 Draft Resolution for approval M This Page Intentionally Left Blank 16 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. 2003 -002 AND MODIFICATION PERMIT NO. 2003 -025 FOR THE PROPERTY LOCATED AT 3809 CHANNEL PLACE (PA2003 -048). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: Section 1. An application was filed by John Walter Velardo with respect to property located at 3809 Channel Place (PA2002 -250) and legally described as a portion of Lot 2, Block 538 of the Canal Section, requesting approval of Variance No. 2003 -002 to exceed the floor area limit and Modification Permit No. 2003 -025 to allow encroachments into the front and rear yard setbacks, in order to construct a new single - family dwelling. Section 2. A public hearing was first held on June 5, 2003 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. Section 3. The Planning Commission finds as follows: 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 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. Resolution No. _ Page 2 of 4 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 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 3,500 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 a nd 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 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 corner 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. IZ Resolution No. Page 3 of 4 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. 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. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Variance No. 2003 -002 and Modification Permit No. 2003 -025, subject to the Conditions set forth in Exhibit 1. Section 5. 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 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 5th DAY OF JUNE, 2003. BY: Steve Kiser, Chairman M AYES: NOES: ABSENT: Patricia L. Temple, Ex- Officio Secretary 13 Resolution No. Page 4 of 4 Exhibit 1 CONDITIONS OF APPROVAL Variance No. 2003 -002 & Modification Permit No. 2003 -025 1. The development shall be in substantial conformance with the approved plot plan, floor plans and elevations dated J anuary 31, 2003. N o further b uilding encroachment or i ncrease i n structure height shall be allowed without an amendment to this application. 2. Variance No. 2003 -002 and Modification Permit No. 2003 -025 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. All improvements shall be constructed as required by Ordinance and the Public Works Department. 5. 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. 6. 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. 7. The total square footage of the approved structure shall not exceed a maximum of 988 square feet. 8. The garage and carport shall remain clear of obstructions and remain available for the parking of vehicles at all times. 9. 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. 10. 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. The applicant shall record a Certificate of Compliance for the subject property prior to the issuance of a building permit. 11 Exhibit No. 2 Setback exhibit I-� 2 / | » § § ( 2 / | ! 7 K Fi k ` ■ OR �§ \ | \ 2 , �������• � 2/ §■ � 2 � WI[ I | ^ � / ■� } § % �! e■ EI || \ �| - -- 2 -p -- k. f r§ / ■ f § \! � /!\ \ \ - �` |k■! ) . . � � on \ \ % ( z N | § | \ ) | » § / Fi k ` ■ �§ \ | \ 2 . 2 f.� �) l Exhibit No. 3 Project Plans F7 This Page Intentionally Left Blank EO 4e� � 3x3, E '? a �� ; .e � ,�.,p '� 7: p4•' � �sj} �� ... 5;' SRS R a I�5 g ; $ g : $ gyp• ll� Llf $sqI Y � E z ms G..' ~pp alp / ��' �� �e 3 ✓p39/�� E s Vitl A 1� — o _ gg pp r , t y�y B p�p S L 1 ' .. .r .. ... ... .. .. _ .. ... .. .... .. ... _..... .. �. ..� .._. ..__.. ..... .. .. ..................._. __. - - a eR / s Wa 1 1e glie > a yy $ 99 [ E $Q F /9-� I I n \ I I I (HA3 I a I F € I 11 I II —� EDO i If I I I i MeI L jF � I I ;1 a gl gl9 "� 91 818 .... 1. 1. ... . .. - . .... .. .. 1 .. .1.._.. -.......... - ...,.. ....