HomeMy WebLinkAboutAutore Residence (PA2003-119)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
September 4, 2003
TO: PLANNING COMMISSION
FROM: William Cunningham, Contract Planner
(949) 644 -3200
SUBJECT: Autore Residence (PA2003 -119)
2204 West Ocean Front
APPLICANT NAME: Umberto Autore
Applicant proposes to enclose an open stairway at an existing non - conforming multiple -
family residential structure located within a commercial district.
RECOMMENDATION:
Hold a public hearing and approve the applicant's request by adopting the draft
resolution and conditions contained in Exhibit No. 1.
DISCUSSION:
Applicant has submitted plans to enclose an open exterior stairway and to extend the
roof over the existing second floor deck. The stairway is located along the east side of
the building and provides open access from the ground level to the second floor, with an
additional open stairway from the second floor deck to a roof deck. The proposed
enclosed stairway will be located in the same space, but will provide closed access from
the garage on the first level to the second floor and third level roof deck. The area
under the stairway on the ground level will be for storage with a new door access
provided from the garage. The stairway enclosure will result in a total of 152 square
feet of additional living area. A new parapet roof will be extended 8.5 feet over the
existing second floor deck. No other exterior or interior modifications are proposed.
Autore Residence
September 4, 2003
Page 2
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Analysis
The property is located within the Cannery Village /McFadden Square Speck Plan (SP-6)
and is designated for "Retail and Service Commercial' uses. The existing multiple family
residential structure consists of four units, and was approved by the Planning Commission
on April 21, 1960 (Use Permit No. 601). Use Permit No. 3330 was approved by the
Planning Commission on November 9, 1988, to allow the expansion of the living areas in
two of the units.
The Specific Plan only permits residential uses on the second floor above commercial
uses in commercial areas. Two of the four units are located on the first floor, therefore, the
property is an existing non - conforming use. In addition, the property is non - conforming
with respect to number of units provided (four units are provided on the 3,125 square foot
lot, and the Specific Plan permits one unit per 2,375 square feet of lot area); and parking,
since four parking spaces are provided, and the Specific Plan requires eight spaces.
In accordance with Section 20.62.050.A of the Municipal Code, a Use Permit is required
for any expansion of a non - conforming use. The project complies with other applicable
Autore Residence
September 4, 2003
Page 3
site development standards of the Zoning Code as summarized in the following table
(building height and floor area are discussed under separate headings below):
iimum Yards:
Front 0 ft. 0 ft.
Side I Oft. 0 ft. & 3ft.
sq. ft. 1 1 a.u.irtrl sq.
Indicates existing legal non - conforming status.
Building Height
The Specific Plan provides a maximum height limit of 26 feet, subject to the requirements
within Chapter 20.65 (Height Limits). The applicant proposes to enclose the existing open
stairway, which will require construction of a roof -top structure over the stairway to provide
access to the roof deck. The maximum height of the existing building is within the height
limitations of the Specific Plan District. However, the proposed new roof access structure
will extend up to 31 feet in height. In addition, there is another roof structure that provides
access to the attic area, which is also approximately 31 feet in height. Under the
provisions of Section 20.65.070.6, enclosed stairwells, totaling no more than 25 square
feet are permitted to exceed up to five feet over the height limits. In order to comply with
that standard, the applicant proposes to remove the existing rooftop stairway structure (a
trap door will be provided for the attic access), and to limit the area under the new stairway
structure to 25 square feet. Therefore, the proposed project will comply with the height
limits of the Zoning Code.
Floor Area Ratio
As noted above, the property is non - conforming in that the Speck Plan restricts
residential uses within the Retail and Service Commercial portions of the District to the
second floor. Two one - bedroom units are existing on the ground floor of the subject
property. The Specific Plan references Chapter 20.63 (Floor Area Ratios and Building
Bulk). Section 20.63.040.E of the Municipal Code provides as follows:
"Where second floor residential development is permitted in conjunction with a first
floor commercial use, the total floor area ratio of 1.25 shall be permitted..."
In addition to that provision, Sections 20.43.050(0)3 and 4 state:
`The commercial or retail portion shall be limited to a floor area of between 0.25
and 0.50" and "The residential portion of the structure shall be limited to a
maximum floor area ratio of 0.75. "
Autore Residence
September 4, 2003
Page 4
The proposed project will result in a total second floor area of 2,011 square feet (1,930 sq.
ft. existing + 81 sq. ft. proposed). The .75 FAR for the second floor results in a permitted
floor area of.2,344 square feet (3,125 sq. ft. site area x .75 FAR = 2,343.75). Therefore,
the second floor area with the added stairway enclosure area would not exceed the
maximum FAR. The total commercial square footage permitted for the first floor would be
1,563 square feet (3,125 sq. ft. x 0.5); however, as noted above, the property is non-
conforming in that residential units exist on the first floor. The total living for the first floor
with the additional enclosed stairway will be 1,379 square feet. The total FAR for the
project, including the proposed stairway enclosure, is .92 (3,125 = 3,390).
Conclusion
The proposed enclosure of the existing stairway represents a minor expansion (less than
5 %) of the non - conforming use and will result in an improvement on the property. The
property is located between two other similar non - conforming multiple - family structures,
and, in staffs opinion, it is not likely that the ground floor of the property will be converted
to a commercial use in the near future. Additionally, staff does not believe that the
investment in the nonconformity represented by the project will extend the life of the
nonconforming property given the cost of the improvements compared to the entire
structure. Additionally, the project does not add any new units or bedrooms. Therefore,
staff recommends that the Use Permit be approved.
Environmental Review:
The proposed project qualifies for a categorical exemption from the requirements of the
California Environmental Quality Act under Class 1 (Minor Alteration of Existing
Structures).
Public Notice:
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Alternatives:
The Planning Commission has the option to deny the request, in which case it would be
appropriate to offer findings for denial. The Commission also has the option to approve
a modified project.
Autore Residence
September 4, 2003
Page 5
Prepared by:
William Cunningham
Contract Planner
Exhibits:
Submitted by:
Patricia L. Temple
Planning Director
1. Resolution No. 2003 -_; findings and conditions of approval
2. Project plans
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2003 -019 FOR PROPERTY LOCATED AT 2204 WEST OCEAN
FRONT (PA2003 -119).
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Umberto Autore, with respect to property located
at 2204 West Ocean Front, requesting approval of Use Permit No. 2003 -019 to enclose an open
stairway on an existing non - conforming multiple - family residential structure. The site is
designated Retail & Service Commercial by the General Plan Land Use Element and Cannery
Village/McFadden Square Specific Plan (SP -6) with a Retail and Service Commercial
designation by the Zoning Code,
Section 2. A public hearing was held on September 4, 2003 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to
and considered by the Planning Commission at this meeting.
Section 3. The Planning Commission finds as follows:
The City's General Plan designates the site as Retail & Service Commercial uses. The
Zoning Code designates the site as Cannery Village /McFadden Square Specific Plan (SP-
6). The use is an existing legal non - conforming use. Although the existing use is
inconsistent with the Land Use Element of the General Plan and the Zoning for the
property, the proposed enclosure of the existing stairway is not significant in this case and
alterations and additions to non - conforming uses are not precluded by the General Plan.
2. Expansion of a non - conforming use is permitted under Municipal Code Section
20.62.050.A upon approval of a Use Permit. The proposed project will not increase any
non - conforming condition as no increase in units will result, nor create any new non-
conforming condition on the site, nor will it increase the parking demand for the site.
3. The proposed addition will not conflict with any easements acquired by the public at large
for access through use of property within the proposed development.
4. The approval of the project will not, under the circumstances of this case, be detrimental
to the health, safety, peace, morals, comfort and general welfare of persons residing and
working the neighborhood or be detrimental or injurious to property and improvements in
the neighborhood or the general welfare of the City.
5. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 3 (New Construction of Small Structures).
This exemption allows for the construction of a single family residence within a residential
zone.
Exhibit No. 1
Planning Commission Resolution No.
2 of 3
Section 4. Based on the aforementioned findings, the Planning Commission hereby
approves Use Permit No. 2003 -019, subject to the Conditions set forth in Exhibit "A."
Section 5. 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 a DAY OF SEPTEMBER, 2003.
[f'1
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Earl McDaniel, Chairman
Michael Toerge, Secretary
AYES:
EXCUSED:
NOES:
9
Planning Commission Resolution No.
3 of 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2003-019
The development shall be in substantial conformance with the approved plot plan, floor
plan, elevations and preliminary grading plan dated August 8, 2003.
2. Use Permit No. 2003 -002 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 Planning Commission may add to or modify conditions of approval to this Use
Pen-nit, or revoke this Use Permit upon a determination that the implementation of the
project which is the subject of this approval causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare of the community.
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 (UBC). For the purposes of the UBC, the lower
garage/storage level shall comply with the UBC definition of basement.
5. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
6. One garage parking space shall be provided for each dwelling unit and shall be
maintained for vehicular storage at all times.
7. The 10 -foot rear yard setback on the ground floor shall be kept free and clear at all times
and shall not be used for parking purposes.
0
EXHIBIT NO.2
PROJECT PLANS
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