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Home My WebLink AboutCode Amendment No. 2002-001 (PA2002-098)xe�EW�RT CITY OF NEWPORT BEACH O @ PLANNING DEPARTMENT z 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3229 Hearing Date: Agenda Item: Staff Person: Council REPORT TO THE PLANNING COMMISSION PROJECT: Code Amendment No. 2002 -001 (PA2002 -098) 3513 Finley Avenue August 8, 2002 3 Todd M. Weber, (949) 644 -3209 Automatic if annroved SUMMARY: Request to change the front yard setback of 3513 Finley Avenue facing the Rivo Alto channel established on District Map No. 3 from 40 feet to 20 feet. ACTION: Adopt the attached resolution recommending that the City Council approve the requested amendment. APPLICANT: Ben C. Anderson, Newport Beach LOCATION: Southeast corner of the intersection of 36' Street and Finley Avenue LEGAL DESCRIPTION: Lot 7 and a portion of Lot 6 in Block 435 of the Canal Section, Newport Beach GENERAL PLAN: Two - Family Residential ZONING DISTRICT: R -2 Introduction and Background The applicant is requesting a change to the front yard setback for 3513 Finley Avenue that faces the Rivo Alto channel as noted on the District Maps. The property would retain the same land use designation and zoning. If the change to the setback is approved, the applicant intends to redevelop the lot with a single - family dwelling. The best available property records indicate that the existing residential structure was built in 1949. There appear to be no other past approvals that apply to the project site. Code Amendment No. 2002 -001 (PA2oo2 -o98) 3513 Finley Avenue Current Development: Existing two -story residential use INN . ( 11 ,i AI�I {III {l li 1l, 111 II! h 1 ��7F Pp�a IIII Ili 111 11711111 fji�� I y��'l�a��l� ��{ 1�11��95 a�3��'� I1 Residential uses across 36' Street, Finley Avenue To the east: I;l,`,l•py l�1{l;,i 111` ,�.., f :,'�� To the south: Residential uses across the remainder portion of the former Lot 6 of Block 435 that has been developed as an alley and the Rivo Alto channel .00 �I II 111 hill al 111 I Ilal t h ,, IIjI 'l+ { j�',Illiill Residential uses across 36' Street and the Rivo Alto channel Hili�Ilil ;1 l gq,�ga III Ir 1;� °I �► 'I; �ly ��'I � ,��a � � ; �il 111 MIN, I��al i(IA( 1111111 111 �t I lil 71I Ilil la li 11 .'ll� ° Tat h:. II 1 ! 111 X11 M1 IIII 1� {111{ 9; , SU 'ect Property III Ill Ij �tl �II � 1 1 I II 11 pl lull ,l If �1>' 1. 1 Ill ;ll 1 I; II .I ihialu�i Lti Y I,• i 1 11 fA i l' Ill ��1�,I,�. 1 , I � •II ,1, ',l._LIII�jll�lq Y �� ::,- � I I ?i;,. 111111!.. oh o Feet VICINITY MAP w+ s Code Amendment No. 2002 -001 (PA2oo2 -o98) 3513 Finley Avenue Current Development: Existing two -story residential use To the north: Residential uses across 36' Street, Finley Avenue To the east: Residential uses across Finley Avenue and the remainder portion of the former Lot 6 of Block 435 that has been developed as an alley To the south: Residential uses across the remainder portion of the former Lot 6 of Block 435 that has been developed as an alley and the Rivo Alto channel To the west: Residential uses across 36' Street and the Rivo Alto channel Code Amendment No. 2002 -001 (PA2002 -098) August 8, 2002 Page 2 of 6 Site Overview The project site is an existing, stand -alone residential lot that abuts the channel, public streets, or the remainder of Lot 6 of Block 435 that has been converted into an alley off of Finley Avenue. There is an existing two- story, residential structure on the property that is approximately 1,770 square feet (sq. ft.). Across the alley, channel and streets are similarly designated and sized residential properties. As shown in the Vicinity Map, further to the northwest, the Rivo Alto channel intersects the Rialto channel. Project Overview For 3513 Finley Avenue, the District Maps indicate a front yard setback of 40 feet along the Rivo Alto channel (Exhibit No. 2). The applicant is requesting that this setback be reduced to 20 feet. Analysis General Plan & Local Coastal Program (LCP) The General Plan refers to the area that includes 3513 Finley Avenue as Finley Residential. The proposed project would not alter any aspect of the existing General Plan as the request strictly pertains to the reduction of a front yard setback (along the Rivo Alto channel) as denoted on the respective District Map. While neither the General Plan nor the Local Coastal Program (LCP) specifically address the proposed request, General Plan Policy B allows modest growth, encourages redevelopment for the preservation of value while discouraging traffic increases. This policy reads as follows: B. To insure redevelopment of older or underutilized properties, and to preserve the value of property, the floor area limits specified in the Land Use Element allow for some modest growth. To insure that traffic does not exceed the level of service desired by the City, variable floor area limits shall be established based upon the trip generation characteristics of land uses. (GP,4 96- 1(D)J. Staff suggests that the applicant's request would most likely improve the property's value rather than preserve it by allowing a larger building than currently is permitted. The redevelopment will not increase traffic to the neighborhood, as the existing residence will be replaced. Policy D of the General Plan prescribes that new buildings and structure shall be sited in a manner that ensures the preservation of public views. This policy was written as follows: D. The siting of new buildings and structures shall be controlled and regulated to insure, to the extent practical, the preservation of public views, the preservation of unique natural resources, and to minimize the alteration of natural land forms along bluffs and cliffs. Code Amendment No. 2002 -001 (PA2002 -098) August 8, 2002 Page 3 of 6 Staff believes the issues of public views and access are insignificant. There would be no alteration of natural resources or landforms as a result of the request. While 3515 Finley Avenue abuts the channel, there currently is no public access provided along the channel and none would be required as a part of this application. With respect to views, the revised setback would permit a building or related residential structure to be located 20 ft. closer to the water than is currently allowed. The subject property is surrounded on 3 sides by streets. So while some form of additional view obstruction would occur when looking from these streets, staff feels the difference in views from these streets resulting from the reduced setback is minor and should not significantly affect the views of neighboring property owners. A number of surrounding property owners have submitted letters recommending the Commission approve the proposed request (Exhibit No. 3). Similarly, the request would not result in any change to the City's Local Coastal Program (LCP) and does not affect public access, recreation or visitor serving facilities, or water and marine resources. Lastly the subject property is already developed with an existing dwelling unit and the Finley Residential area is completely urbanized, with no environmentally sensitive habitat or hazardous areas. If the project were approved, public views may be somewhat affected by a new building sited closer to the channel, but the views would not be eliminated as the property is surrounded by streets on the 3 sides not abutting the channel. A more detailed discussion of this aspect of the project is found later in the analysis of the report. Zoning The site is subject to the Residential property development regulations of the Zoning Code and the site is not subject to Planned Community regulations. The setbacks that apply to the project site are as follows: Yard Setbacks Existing Proposed Requirements Requirements Front (along Finley Avenue as denoted on the District Map) 5' 5' Front (along the Rivo Alto channel as denoted on the 40' 20' District Ma Sides (as prescribed by the Zoning Code based upon a lot 3 3' width of 36.43 Rear N/A N/A The result of reducing the setback would be a building located closer to the channel and an increase in the allowable floor area. The following table provides some comparison statistics for the Commission's consideration. Code Amendment No. 2002 -001 (PA2002 -098) August 8, 2002 Page 4 of 6 Characteristic Existing ins . ft. Proposed ins . ft. Change Lot Size 3,643.00 3,643.00 None Buildable Area 1,403.65 2,012.25 608.60 Floor Area Limit 2.0 2.0 None Gross Floor Area 2,807.30 4,024.50 1,217.20 Attached is a copy of District Map No. 3, which includes the project site (Exhibit No. 2). In examining the blocks of the Canal Section abutting the Rivo Alto channel, there is not a uniform setback that applies to all of the properties. Along this channel are Blocks (from west to east) 436 through 433. The setback from the channel for Block 436 is 20 ft. For the 3513 Finley Avenue (subject property is part of Block 435 but as improved is surrounded by streets) it is 40 ft.; the remainder of Block 435 is 30 ft. Blocks 434 and 433 have a 20 ft. setback along the channel. There is no uniform setback for the residential properties across the Rivo Alto channel as well (Exhibit No. 2). Canal Section Blocks (from west to east) 336 through 332 all have setbacks that meet or exceed a minimum distance of 20 ft., with Block 334 having a 25 ft. setback and Block 332 a 35 ft. setback from the adjacent channel to the north. When reviewing the history of the Canal Section Blocks on the north side of the channel (Blocks 436 through 433) Block 435 was not included under a similar setback request for Blocks 433 and 434 as approved in 1994 under (Code) Amendment No. 792. This amendment reduced the existing setback of 35 ft. along the channel to 20 ft. The Planning Commission staff report indicated that there were a number of Use Permits, Variances and Modifications that were granted between 1952 and 1968 for structures to encroach, to varying degrees, into the 35 ft. setback. It appears that Amendment No. 792 attempted to establish a uniform standard to adjust the District Map No. 3 setback along the channel for Blocks 433 and 434. The approved setback of 20 ft. accommodated some of these past approvals (and building additions) making them conforming while avoiding the creation of or future potential for non - conforming situations. The applicant contends that the request to reduce the setback along the channel for 3513 Finley Avenue is consistent with this previous amendment in that the subject property would have the same setback as a majority of the property along both the north and south sides of the Rivo Alto channel and the subject property has the same physical circumstances and setting as the other properties along the channel. Environmental Review This 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 5 (Minor Alterations in Land Use Limitations). The proposal involves amending the respective District Map to allow for a reduced setback along the Rivo Alto channel. Code Amendment No. 2002 -001 (PA2002 -098) August 8, 2002 Page 5 of 6 Recommendation Approve Resolution No. _ recommending that the City Council approve Code Amendment No. 2002 -001 (PA2002 -098) subject to the findings and conditions of approval attached as Exhibit 1. Submitted by: PATRICIA L. TEMPLE Planning Director Exhibits Prepared by: TODD M. WEBER Associate Plann f'f . Resolution including findings and conditions of approval Copy of a portion of District Map No. 3 including the relevant setback information 15 form letters from surrounding property owners in favor of the applicant's request Code Amendment No. 2002 -001 (PA2002 -098) August 8, 2002 Page 6 of 6 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY ' OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE CODE AMENDMENT NO. 2002 -001 (PA2002 -098) AMENDING THE FRONT YARD SETBACK FOR 3513 FINLEY AVENUE DEPICTED ON DISTRICTING MAP NO. 3. THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Mr. Ben Anderson with respect to property located at 3513 Finley Avenue, and legally described as Lot 7 and a portion of Lot 6 of Block 435 of the Canal Section, requesting approval of Code Amendment No. 2002 -001 (PA2002 -098) that would authorize the reduction of the front yard building setback along the property line abutting the Rivo Alto channel from 40 feet (ft.) to 20 ft. Section 2. A public hearing was held on August 8, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of the 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 requested 20 -foot setback is comparable with other setbacks along the north side of Rivo Alto channel. The resulting increase in floor area should not prove detrimental as the property is separated from adjoining lots with improved streets and the Rivo Alto channel. 2. The reduced setback will not impair public access to Newport Bay as no public access presently exists across the property and public access is not required by applicable regulations. The proposed setback of 20 feet will not significantly impair public views as public views are presently afforded by two abutting street ends. The public can presently walk to the bulkhead and a residence located 20 feet from the bulkhead will not block views. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitation). Section 4. Based on the aforementioned findings, the Planning Commission recommends that the City Council approve Code Amendment No. 2002 -001, which would amend District Map No. 3 to reflect the front yard building setback of 20 ft. along the property line abutting the Rivo Alto channel for 3513 Finley Avenue. Exhibit No. 1 q City of Newport Beach Planning Commission Resolution No. Page 2 of 2 PASSED, APPROVED AND ADOPTED THIS 8`h DAY OF AUGUST 2002. WA M Steven Kiser, Chairman Shant Agajanian, Secretary AYES: NOES: ABSENT: FAUSFRS\PLMShared \PA's\PAs - 2002\PA2002- 098 \CA2002- 001peresolution.doc I SEPARAT ION . T J. -- =20-ti -20- �'' -3- -3= Q' Iv ti y�• � >�A�a ;2 �� J R R-2 A Ln 70' 90 'qEY /S /ON L n .�O \ O AUTHORITY; LOCAL , V \ l�. � ,.( ,� .?as. .d0. 945'8 .ES3r�ols. - L r? 10 LZ .Pax W�y: sr4 ks39lofr /f3 k;4Ar" \ \p t it/o. 6Fr A/V9'.o119411 % �l oid .tom 7z6 46A �{ _ L e• c vas Otd.:fto. X39 + 36 6` N7 A� ' O :- \ t�t''•• VAR N0. _ S6o .:: BIK.334 -GO: AO U Exhibit No, Carl W. Kraushaar 3507 Finley Avenue Newport Beach, CA 92663 RECEIVED BY PLANNING DEPARTMENT CITY OP NIFNIO 1OT PEACH July 26, 2002 AUG 0 2 2002 AM PM Mr. Todd M. Weber 71819110111 i 12111213141616 Associate Planner Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I are supporting the applicants request. Please contact us if additional information is needed. C61 W. Kraushaar Exhibit No. 3 Diane J. Chipuzio 3606 Marcus Avenue Newport Beach, CA 92663 July 29, 2002 RECEIVED BY PLANNING DEPARTMENT ( ITy QF mPwPnPT REACH Mr. Todd M. Weber AM AUG 0 2 2002 Associate Planner 416191101111121112131418PM 16 Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I am supporting the applicants request. Please contact me if additional information is needed. Diane J. Chipuzio �a Doris Hope 3608 Marcus Avenue Newport Beach, CA 92663 July 26, 2002 Mr. Todd M. Weber Associate Planner Planning Department City of Newport Beach RECEIVED BY PLANNING DEPARTMENT CITY 4!F NI7WTn,77 I TEACH AM AUG 0 2 2002 PM 7i8i9ii0�11112i1i2i3i415�6 Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I are supporting the applicants request. Please contact us if additional information is needed. Doris Hope 0 James E. Collings 41038' Street Newport Beach, CA 92663 RECEIVED BY PLANNING DEPARTMENT CITY OF NFGVPn T BEACH July 26, 2002 AM AUG 0 2 2002 PM Mr. Todd M. Weber 71819110111112111213141816 Associate Planner. Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I are supporting the applicants request. Please contact-us if additional E. Collings is needed. \A John and Phylis Newsom 502 38" Street Newport Beach, CA 92663 July 29, 2002 RECEIVED BY PLANNING DEPARTMENT CITY OF n;: PAJPnPT REACH Mr. Todd M. Weber AM AUG 0 2 2002 PM Associate Planner 71819110111112111213141518 Planning Department. City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: We have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, we are supporting the applicants request. US if additional information is needed: LAL, Newsom Phyliss Ne44om 15 Jeff D. Thomason 3607 Finley Avenue Newport Beach, CA 92663 RECEIVED BY PLANNING DEPARTMENT CITY CF N' =W, ne-r rrACH July 26, 2002 AM AUG 0 2 2002 PM Mr. Todd M. Weber 71819110111112111213141616 Associate Planner Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I are supporting the applicants request. Please contact us if additional information is needed. ��L Richard I. Collings 3603 Finley Avenue Newport Beach, CA 92663 RECEIVED BY PLANNING DEPARTMENT CITY OF NF1, %Pi -)RT TEACH July 26, 2002 AUG 0 2 2002 AM PM Mr. Todd M. Weber 718191101111121112,3141616 Associate Planner. Planning Department City of Newport Beach " Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I are supporting the applicants request. Please contact us if additional information is needed. Richard I. Collings 1� Carl E. Meintee 501 36`h Street Newport Beach, CA 92663 July 26, 2002 RECEIVED BY PLANNING DEPARTMENT CITY OF NF1 +., ^;1RT PEACH Mr. Todd M. Weber AM AUG 0 2 2002 PM Associate Planner 71619110111112111213141516 Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I are supporting the applicants request. Please contact us if additional information is needed. Carl E. Meintee V'- Patricia A. Benson 501 36`h Street Newport Beach, CA 92663 July 26, 2002 Mr. Todd M. Weber Associate Planner Planning Department City of Newport Beach RECEIVED BY PLANNING DEPARTMENT CITY AM AUG 0 2 2002 PM 7181911011 l 112111213141616 Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I are supporting the applicants request. Please contact us if additional information is needed. Benson Patricia A. i v 0 \A Robert S. Wright 3505 Finley Avenue Newport Beach, CA 92663 July 26, 2002 Mr. Todd M. Weber Associate Planner Planning Department City of Newport Beach RECEIVED BY PLANNING DEPARTMENT CITY nr AM AUG 0 2 2002 PM 71 � 1911011 l 112111213141 g IB Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I are supporting the applicants request. Please contact us if additional information is needed. Ro ert S. Wright N Al- ff , CA August 1, 2002 / Z� �� RECEIVED BY PLANN!NG DEPARTMENT CITY n= AI. 11,V D �r.T "FA' -H Mr. Todd M. Weber AM AUG 0 2 2002 PM Associate Planner 71819110111112111213141616 Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I am supporting the applicants request. Please contact me if additia6l information is needed. �1 A4 August 1, 2002 RECEIVED BY PLAWNG DEPARTMENT Mr. Todd M. Weber CITY n7 n = ' ^- r- rEA.CH Associate Planner AUG 0 2 2002 Planning Department AM PM City of Newport Beach 7i8i9110�11i12i1i2�3i4i8iB Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback' from 40 feet to 20 feet with the applicant. By executing below, I am supporting the applicants request. Please contact me if additional information is needed. Luanne E. & John S. Acierno 402 38h Street Newport Beach, CA 92663 July 26, 2002 RECEIVED BY PLANNING DEPARTMENT CITY (-)r Nj = 5A' ^')r..; MCr', -H Mr. Todd M. Weber AM AUG 0 2 2002 PM Associate Planner 71819110111112111213141616 Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: We have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, we are supporting the applicants request. Please contact us if additional information is needed. Luanne E. Acierno �3 July 29, 2002 Mr. Todd M. Weber Associate Planner Planning Department City of Newport Beach Charlotte S. Mills 500 35"' Street Newport Beach, CA 92663 RECEIVED BY PLANNING DEPARTn1F�1T CITY n nic,n!ann- rr, ,H AM AUG 0 2 2002 PM 4181911011111211 1213141616 4. Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: I have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, I am supporting the applicants request. Please contact us if additional information is needed. - 0 � �/ 4' /� Charlotte S. Mills Ben C. & Michelle A. Anderson 3601 Finley Avenue Newport Beach, CA 92663 July 26, 2002 RECEIVED BY PLANNING DEPARTMENT CITY (1G A,jpwn1nT r?FAC}H Mr. Todd M. Weber AM AUG o z 2002 PM Associate Planner 71819110111i12i112i3i41B18 Planning Department City of Newport Beach Re: Amendment for Rear Setback, 3513 Finley Avenue Dear Mr. Weber: We have discussed the Amendment request for rear yard setback from 40 feet to 20 feet with the applicant. By executing below, we are supporting the applicants request. Please contact us if additional information is needed. Ben C. Anderson A. Anderson P