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Home My WebLink About2.0_W. Ocean Front Setback Determination_PA2013-0450 ■ I Dcea n Fra r 0 154 4 1 ' C I Al ative Se n V �I 1111 L /4-1 i >- y F v � s ,cgt:FOnN P N I 1505 '� 1 1501 s e 1,7� ° ° 1 *Tt ro PN 14,111 an r 105 . 1/2 e ;Z r`s I^L -� 105,E � .. , rt MU- CV+15TH ST_ 703' 1 MU -H4 ^x_101. �! . t � 1. �• ) • 4 CIA'I KRO�4 f W • � M • 41� . g4r0 \G E o 13/2012 IN / - -Co r Art. K y 1N 104 R -7 18 RT ` PR PR ity Development Department - Panning Division 2 -i. I f. -,- _.FRUP.fflLUNii._ _._ _._ I I BLOCK 14 I I 14. F 0 NBGDEG.16'301 120.02' . LOT 10 & 11 I I I ZI I I s EMSPING BUILDING EXISTING BUILDING I I I I I IW I PROPERTY. LINE - -- - - 120.02' 07/13/2012 WEST OCEAN FRONT (EXISTING DDARDWALK) Community Development Department - Planning Division Ah OTA3k ,'�.. �. ... , 6L Applicant requests a 3 -foot side setback opposite of 151h Street and a 3 -foot West Ocean Front. ■ Establishing setbacks that rear setback opposite of are compatible with the neighborhood and that meet the intent of the Zoning Code. Comparing Buildable Area, FAR, FAIL, Setback Area Creating equity with the surrounding properties Community DeveIopment Department - Planning Division M : • '•f':4' :r ••• --------------------------------------- ------------- - - - - -� li �I REQUIRED 14! I I� 'I !- .- .- .- ... -• - - -- 10 - - IKLANFRDNI SETBACK 1420 W. OCEAN FRONT LOT SIZE= 6,000 SO. FT. BUILDABLE AREA= 3,360 SQ. FT. MAX ALLOWABLE= 6,720 SQ. FT B.A. /L.S.= 56% F.A.R.= 1.12 packs K -- -- - - - - -- - -- - -- - -- - -- - - -_- -_ -- 41 PROPOSED I� !- .- .- .- .- . -. -. -. �0.- - _ _ _ _ _ __I SITE IMPRNEMENTS LIMFTED 1420 W. OCEAN FRONT TO 42 "ABOVE NATURAL GRADE LOT SIZE= 6,000 SQ. FT. BUILDABLE AREA= 4,181 SQ. FT. MAX ALLOWABLE= 8,362 SQ. FT. B.A. /L.S.= 70% F.A.R.= 1.39 Community Development Department- Planning Division 5 POR, m y •I@aI fro 19Lots]ImrvIIH: Lot Area (SF) Buildable Area (SF) Floor Area Limit (SF) FAR Setback as %of Lot Subject Lot (REQUIRED)10 `rear /4' side setbacks 6,000 3,360 6,720 1.12 44 (RECOMMENDED) 4'rear /3'side setback 6,000 4,068 8,136 1.36 32.20 (ALTERNATIVE) 4'rear /4'side setbacks 6,000 4,032 8,064 1.34 32.8 (PROPOSED) 3' side /3' rear setbacks 6,000 4,181 8,362 1.39 30.32 Typical Lot in Area 1414 W Ocean Front 3,075 2,220 4,440 1.44 27.8 Nearby Lots 1416 W Ocean Front 4,100 3,145 6,290 1.53 23.29 1200 W Ocean Front 7,470.2 6,131 12,262 1.64 17.93 104151h Street 6,008 3,825 7,650 1.28 36.33 kraws +-j XZ- T- Ah 904 West Ocean Front Alley Buildable Area: 3,780 sf Buildable Area: 4,068 sf 120 West Ocean Front 10 Community Development Department- Planning Division Buildable Area: 3}145 sf [ l D .-S .__ q< /FO FN 7 NOME& 16'301 F._. _._._._._._._._._._. _._._._.�,_._._._._._._._._._._ - - - - - - - - - - - - - - - - - - -. -. _.4 120.02" >� I I I I I cal I I I I � I i� W 'B' 'A 07/13/2012 UNIT A EXISTING BOARDWALK Community Development Department - Planning Division CwT B I I I i � I I I I O I � I Lq I I I I i I VJ IILL &I FRONT SETBACK IMPROVEMENTS WED TO 42' HIGF II 6 IN i 6 IN 1 For more information contact: Benjamin M. Zdeba, Assistant Planner 949-644-3253 bzdebaQa newportbeachca.gov www.newportbeachca.gov Additional Materials Item No. 2b W. Ocean Front Setback Determination PA2013 -045 RESOLUTION NO. 91 -4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING CITY'S VACATION OF A PORTION OF AN EXISTING ALLEY LOCATED BETWEEN WEST OCEAN FRONT AND BALBOA BOULEVARD, EASTERLY OF 15TH STREET, LOCATED IN THE BALBOA PENINSULA AREA WHEREAS, the City Council of the City of Newport Beach, • pursuant to the provisions of the Street Vacation Act (Section 8300 et sea. of the Streets & Highways Code) is authorized to vacate public easements; and WHEREAS, the City Council of the City of Newport Beach has reviewed and considered the various elements of the General Plan of the City of Newport Beach prior to declaring its intent to vacate this alley and has determined that the proposed vacation is consistent with the General Plan. WHEREAS, the City Council of the City of Newport Beach held a public hearing on the proposed vacation of an alley legally described on Exhibit "A" and depicted on a map attached as Exhibit "B" at 7:00 P.M. on December 10, 1990, in the Chambers of the City Council of the City of Newport Beach located at 3300 Newport Boulevard, Newport Beach, California; and WHEREAS, the City Council of the City of Newport Beach desires to vacate the alley legally described in Exhibit "A" and depicted on Exhibit "B ", the vacation to be processed pursuant to the provisions of the Street Vacation Act. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the alley legally described in Exhibit "A", and depicted on the map attached as Exhibit "B" is hereby ordered vacated and abandoned subject to completion of the following items: (1) Relocation of the existing water, power, and gas • utilities. (2) Reorientation and relocation of the garage at 1416 Ocean Front to provide for a five (5) foot setback from the alley parallel to Ocean Front. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this resolution recorded by the Orange County Recorder. Adopted this 14th day of January ,1991 ATTEST•'. t CITY CLERK �� .- MAYOR i CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 18, 2013 Meeting Agenda Item 2 SUBJECT: W. Ocean Front Setback Determination - PA2013 -045 1420 West Ocean Front Staff Approval — Setback Determination No. SA2013 -002 APPLICANT: Christopher Brandon, Brandon Architects, Inc. PLANNER: Benjamin M. Zdeba, Assistant Planner (949) 644 -3253, bzdeba @newportbeachca.gov PROJECT SUMMARY A request for an alternative setback determination pursuant to Zoning Code Section 20.30.110.0 (Alternative Setback Area Location) due to the orientation of the lot and required setbacks. The applicant would maintain the required front setback of 10 feet along West Ocean Front as well as the required side setback of 4 feet along 15th Street. The request is to change the rear setback requirement from 10 feet to 3 feet along the northeastern property line and to change the side setback from 4 feet to 3 feet along the eastern property line. Planning staff agrees with the proposal, but is recommending a 4- foot rear setback instead of the requested 3 feet. If approved, the buildable area would increase resulting in a change in the floor area limit (maximum square footage), third floor limitations, and open volume requirement. 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Setback Determination No. SA2013 -002 (Attachment No. PC 1). 1 2 W. Ocean Front Setback Determination April 18, 2013 Page 2 VICIN c, r �N 1505 I� 1 1501 ( f art d r rr ( g -4 R I� .�,_ RJt , L�►EBi � .. a eft Subject Site a r a ' ,f is i 3 a-,,, ;Y LOCATION 11 GENERAL PLAN ZONING CURRENT USE ON -SITE RT (Two-Unit Residential R -2 Two -Unit Residential Nonconforming ei ht lex NORTH 11 RT Two -Unit Residential F R- (Two -Unit Residential ) Nonconforming ei ht lex SOUTH PR Parks and Recreation PR Parks and Recreation Beach EAST RT Two -Unit Residential MU -H4 (Mixed -Use WEST Horizontal) R -2 Two -Unit Residential Nonconforming triplex MU -CV115 ST (Mixed -Use Commercial and Mixed -use Cannery Villagel15'" St) development S W. Ocean Front Setback Determination April 18, 2013 Page 3 INTRODUCTION Project Setting The subject property is 6,000 square feet in area and is located on the Balboa Peninsula at the corner of 15th Street and West Ocean Front. The Balboa Peninsula contains a mixture of residential and commercial properties which are intended to be developed with resident and visitor - serving uses. The typical lots in the area are 102 feet in depth and 30 feet in width. The property is developed with a legal, nonconforming eight -unit dwelling. The applicant desires to redevelop the property with a duplex consistent with the General Plan and Zoning designations (Attachment No. PC 4). The existing development has the following building setbacks: 2- foot -11- inch - setback (West Ocean Front), 1-foot-1-1/2-inch-setback (15th Street), 13- foot -l1- inch -rear setback, and a 10 -foot Y2- inch -side setback. x� I �I c NBODEC.16'70t _ _._._._._._._._._._ — ._._._._._._._._._._ . T . I S BLOCK 14 LOT 10 & 11 ! � ! I g, Ai r nr I E%IVK WILDING IXISBNR BUILDING I iI I Lk. !R � I ._._._. .__? SLY. UW._._._._._. ------------------------- .--------- .--------------- . ._._._._._._.1._._._._.t._ WEST MM FRM (EMWM1C WMM ") Figure 1— Existing site plan DISCUSSION Zoning Code Section 20.30.110.0 (Alternative Setback Area Location) states that in cases where the orientation of an existing lot and the application of the setback area are not consistent with the character or general orientation of other lots in the vicinity, the Community Development Director may redefine the location of the front, side, and rear setback areas to be consistent with surrounding properties. To ensure surrounding property owners are notified, the Director referred the request to the Planning Commission for consideration at a public hearing and final action. 4 W. Ocean Front Setback Determination April 18, 2013 Page 4 Analysis To determine the appropriate setback requirements, staff considered the compatibility of proposed setbacks with surrounding properties, the resulting floor area ratio (FAR), and other relevant development standards. The proposed setback areas were compared with other options for the subject lot, standard setbacks for typical lots in the area, and standard setbacks for nearby corner lots. Setback Compatibility The required setbacks for the subject property are 10 feet along West Ocean Front, 4 feet along the 15th Street, 4 feet along the easterly property line, and 10 feet along the northerly property line. The default rear setback for R -2 properties is 10 feet unless the property abuts an alley. The majority of properties in the area have alleys to the rear and are required to provide a 5 -foot rear setback area. Most of the properties in the vicinity have a lot width of 40 feet or less and the required side setbacks are 3 feet. For the subject property and other lots that have a lot width of greater than 40 feet, the required side setbacks are 4 feet. Because the subject property is located on a corner, the side and rear setback areas abut the side setback areas of the adjacent lots. The applicant proposes a 3 -foot rear setback adjacent to the side setback on 104 15th Street. Staff, however, believes a 4 -foot rear setback would be more compatible given the 4 -foot side setback requirement on the neighboring lot. The applicant's proposed 3- foot side setback will be next to the required 3 -foot side setback on the abutting lot at 1416 West Ocean Front. The 4 -foot setback on the rear and 3 -foot setback on the easterly side would be compatible with the neighborhood, provide adequate setback area for light and air, and would not be detrimental to the adjacent properties. Treating the rear setback as a side setback and requiring 4 feet would meet the intent of the Zoning Code setback area requirements. REQUIRED SETBACKS: PROPOSED SETBACKS: — •— •- -- - -- --- — •— •— •— •— • -- -•— — — — -- — — 3— — — — — — — — i - jp - -------------- - - - - -- II' !4 41 !4 3! I I I ' I I ______10__ ____I I_________1_0___ _I ut[ /.n.w.'1 SIZE IMWIOVFMfNKUMI 1 _ 1420 W. OCEAN FRONT 1420 W. OCEAN FRONT m<rAe nnmanf GMa LOT SIZE= 6,000 SQ. FT. LOT SIZE= 6,000 SO. FT. BUILDABLE AREA= 3,360 SO. FT. BUILDABLE AREA= 4,181 SO. FT. MAX ALLOWABLE= 6,720 SO. FT. MAX ALLOWABLE= 8,362 SQ. FT. B.A. /LS.= 56% B.A. /LS.= 70% F.A.R: 1.12 F.A.R.= 1.39 Figure 2 - Required and proposed setback areas e W. Ocean Front Setback Determination April 18, 2013 Page 5 It should be noted the abutting property at 104 15`h Street is also eligible for an alternative setback determination. Since there is not a front setback identified on the Zoning Code Setback Map, the lot is required to provide a 20 -foot front setback, 4 -foot side setbacks, and a 10 -foot rear setback. The current development, however, is legal nonconforming as it encroaches 17 feet into the required 20 -foot front setback and over 1 foot into the required 4 -foot side setback at the northerly property line. Development Standard Comparison The required setback areas determine the buildable area of the lot, which affects other development standards. Section 20.48.180 (Residential Development Standards and Design Criteria) establishes third floor area limitations of 20 percent of the buildable area (for lots 30 feet or wider) and an open volume requirement of 15 percent of the buildable area. The third floor is also required to be set back an additional 15 feet from the front and rear setback lines and 2 feet from the side setback lines (for lots 30 feet or wider). Table 1 compares the buildable area, third floor area, and open volume requirement for the subject property with various setback requirements. Table 1 Development Standard Comparison Setbacks Buildable area (SF) Third Floor Area (SF) Open Volume (SF) (Zoning Code) 10' rear /4' side setbacks 3,360 672 504 (Proposed) 3' rear /side setbacks 4,181 836 627 (Recommended) 4' rear /3' side setback 4,068 814 610 (Alternative #1) 4' rear /4' side setbacks 4,032 807 605 Floor Area Comparison Table 2 compares the approximate lot area, buildable area, floor area limit (FAL), floor area ratio (FAR), and setback area as a percentage of the lot area for the subject lot with various setback options, typical lots in the area, and nearby end lots similar to the subject lot. The buildable area of a lot is the lot area excluding the required setback areas. The FAIL (maximum square footage) for R -2 properties on the Balboa Peninsula is two (2) times the buildable area of the lot. The FAR is the floor area to lot area ratio and is a method to compare the maximum square footage allowed on a site based on the lot size. Compared to the subject lot, 104 15`h Street is the most similar lot in the vicinity in terms of shape and size. However, as previously mentioned, this lot would also be eligible for an alternative setback determination if it were to be redeveloped. 0 W. Ocean Front Setback Determination April 18, 2013 Page 6 Table 2 Floor Area and Setback Comparison 'Setbacks recommended by staff 2Setbacks proposed by applicant 3Figures estimated due to irregular shape at rear Staff's recommendation of a 3 -foot side and 4 -foot rear setback would provide an FAR of 1.36, which is comparable to nearby lots in the neighborhood. The maximum square footage that could be built would increase by approximately 1,416 square feet with the recommended alternative setback area. The resulting increase in FAL would be comparable to typical lots in the area. As recommended, the setback area as a percentage of the lot would be comparable to typical lots in the area. Therefore, it can be concluded that a 3 -foot side and rear setback areas are consistent with the surrounding properties and provides an equitable FAL, FAR, and setback area, while meeting the intent of the Zoning Code setback area requirements. The applicant has provided setback and site plan exhibits (Attachment No. PC 3). Alternatives The Planning Commission could approve the setback area requirements as requested by the applicant, modify the setback area requirements, or deny the application (Attachment No. PC 2). If the application is denied, the subject property would retain the default 10 -foot required rear setback and 4 -foot required side setbacks. W Lot Area Buildable Area (SF) Floor Area Limit (SF) FAR Setback as % of Lot Subject Lot 10 `rear /4' side setbacks 6,000 3,360 6,720 1.12 44 4' rear /3' side setback' 6,000 4,068 8,136 1.36 32.20 4' rear /4' side setbacks 6,000 4,032 8,064 1.34 32.8 3' side /3' rear setbacksZ 6,000 4,181 8,362 1.39 30.32 Typical Lot in Area 1414 W Ocean Front 3,075 2,220 4,440 1.44 27.8 Nearby Lots 1416 W Ocean Front 4,100 3,145 6,290 1.53 23.29 1200 W Ocean Front 7,470.2 6,131 12,262 1.64 17.93 104 15th Street3 6,008 3,825 7,650 1.28 36.33 'Setbacks recommended by staff 2Setbacks proposed by applicant 3Figures estimated due to irregular shape at rear Staff's recommendation of a 3 -foot side and 4 -foot rear setback would provide an FAR of 1.36, which is comparable to nearby lots in the neighborhood. The maximum square footage that could be built would increase by approximately 1,416 square feet with the recommended alternative setback area. The resulting increase in FAL would be comparable to typical lots in the area. As recommended, the setback area as a percentage of the lot would be comparable to typical lots in the area. Therefore, it can be concluded that a 3 -foot side and rear setback areas are consistent with the surrounding properties and provides an equitable FAL, FAR, and setback area, while meeting the intent of the Zoning Code setback area requirements. The applicant has provided setback and site plan exhibits (Attachment No. PC 3). Alternatives The Planning Commission could approve the setback area requirements as requested by the applicant, modify the setback area requirements, or deny the application (Attachment No. PC 2). If the application is denied, the subject property would retain the default 10 -foot required rear setback and 4 -foot required side setbacks. W W. Ocean Front Setback Determination April 18, 2013 Page 7 Environmental Review The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations). Class 5 exempts minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density. The proposed project will alter the required setbacks, but will not result in a physical change to the existing lot or structure, or any changes in land use or density. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of- way and waterways) including the applicant and posted on the subject property at least 10 days prior to the decision date, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: V i M. eba nt Planner Br n a Wisnes i, ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution —Approve PC 2 Draft Resolution — Deny PC 3 Applicant's Setback Exhibits PC 4 Existing and Proposed Footprints IN Attachment No. PC 1 Draft Resolution — Approve I 10 1:7 �Y�AIj�[�P►��[�a A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING STAFF APPROVAL NO. SA2013 -002 FOR AN ALTERNATIVE SETBACK DETERMINATION LOCATED AT 1420 WEST OCEAN FRONT (PA2013 -045) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Christopher Brandon of Brandon Architects, Inc., with respect to property located at 1420 West Ocean Front, and legally described as Lots 10 and 11 of Block 14 in Tract No. 234 requesting approval of a Staff Approval for an alternative setback determination. 2. The applicant proposes to maintain the required front setback of 10 feet along West Ocean Front as well as the required side setback of 4 feet along 15th Street. The request is to change the rear setback requirement from 10 feet to 3 feet along the northerly property line abutting 104 15th Street and to change the side setback from 4 feet to 3 feet along the easterly property line abutting 1416 West Ocean Front. 3. Planning staff agrees with the applicant's proposal; however, staff recommends a 4 -foot rear setback along the northerly property line abutting 104 15th Street instead of 3 feet as proposed. 4. The subject property is located within the Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element category is Two -Unit Residential (RT). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two -Unit Residential Detached (RT -D). 6. Zoning Code Section 20.30.110.0 (Alternative Setback Area Location) states that in cases where the orientation of an existing lot and the application of the setback area are not consistent with the character or general orientation of other lots in the vicinity, the Community Development Director may redefine the location of the front, side, and rear setback areas to be consistent with surrounding properties. In this case, so that surrounding property owners would be notified of the application, the Director referred the request to the Planning Commission for consideration at a public hearing and final action. 7. A public hearing was held on April 18, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, 11 Planning Commission Resolution No. Paqe 2 of 3 both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations). 2. Class 5 exempts minor alterations in land use limitations in areas with an average slope of less than 20 percent which do not result in any changes in land use or density. The proposed project will alter the required setbacks, but will not result in a physical change to the existing lot or structure. 3. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. 1. The Municipal Code does not set forth any required findings for either approval or denial of Staff Approvals for alternative setback determinations. The application was reviewed for compatibility with the neighborhood based on setback area, floor area ratio (FAR), and other development standards, and to ensure the setback determination would not be detrimental to the neighborhood. 2. The application of the standard Two -Unit Residential (R -2) setbacks will result in an FAR substantially lower than other lots in the vicinity and in the R -2 Zoning District. 3. The application of the approved alternative setbacks will allow development on the property that will be more consistent with the FAR allowed on other properties within the surrounding area. 4. The alternative setback determination will not be detrimental to the neighborhood. The rear setback area of the subject property abuts the side setback area of the adjacent property to the northeast. The 4 -foot rear setback requirement is consistent with surrounding properties. 5. The easterly side of the property also abuts another side where there is a required 3- foot side setback. The proposed 3 -foot side setback on the subject property will be consistent with the neighboring and surrounding properties. 12 Planning Commission Resolution No. Paqe 3 of 3 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves SA2013 -002, subject to the setbacks set forth in Exhibit A, which is attached hereto and incorporated by reference. 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF APRIL, 2013. AYES: None NOES: None ABSTAIN: None ABSENT: None BY: Michael Toerge, Chairman BY: Fred Ameri, Secretary is 14 Exhibit A COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644 -3200 Fax: (949) 644 -3229 www.newportbeachca.gov DETERMINATION OF ALTERNATIVE SETBACK AREA LOCATIONS SA2013 -002 (PA2013 -045) Date: April 18, 2013 Site address: 1420 West Ocean Front Section 20.30.110 C (Setback Regulations and Exceptions — Alternative setback area location): In cases where the orientation of an existing lot and the application of the setback area are not consistent with the character or general orientation of other lots in the vicinity, the [Community Development] Director may redefine the location of the front, side, and rear setback areas to be consistent with surrounding properties. The reorientation of setback areas is not applicable to the bluff overlay district. In this case the Community Development Director elected to refer this request to the Planning Commission, which established the following alternative setbacks: Setback Area Setback Requirement Description Front 10' West Ocean Front Front 4' 15th Street Side 3' Eastern Property Line Rear 4' Northern Property Line On behalf of Michael Toerge, Chairman 0 Fred Ameri, Secretary Attachment: Setback Exhibit 15 West Balboa Boulevard F-- West Ocean Front Alley West Ocean Front 0 10 20 Feet NN' 1420 West Ocean Front - PA2013 -045 Determination of Alternative Setback Area Locations e j 104 ......... .... ....... .............................................. ...,— N Buildable Area: 3,780 sf Cn L.......... 4-1 Lr) .............-- ................ ...... ..............................: .... ............................... .................... ......... .............. .. ............ . Buildabl Area: Buildable Area: 3,145 sf o 4,068 sf 1 ...... ............................... m 1420 m 141 West Ocean Front 0 10 20 Feet NN' 1420 West Ocean Front - PA2013 -045 Determination of Alternative Setback Area Locations e Attachment No. PC 2 Draft Resolution — Deny 17 12 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING STAFF APPROVAL NO. SA2013 -002 FOR AN ALTERNATIVE SETBACK DETERMINATION LOCATED AT 1420 WEST OCEAN FRONT (PA2013 -045) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Christopher Brandon of Brandon Architects, Inc., with respect to property located at 1420 West Ocean Front, and legally described as Lots 10 and 11 of Block 14 in Tract No. 234 requesting approval of a Staff Approval for an alternative setback determination. 2. The applicant proposes to maintain the required front shack of 10 feet along West Ocean Front as well as the required side setback of 4'!6et along 15th Street. The request is to change the rear setback requirement from 10 feet to 3 feet along the northerly property line abutting 104 15th Street and to change the side setback from 4 feet to 3 feet along the easterly property line abutting 1416 West Ocean Front. 3. The subject property is located within the Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element category is Two -Unit Residential (RT). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two -Unit Residential Detached (RT -D). 5. Zoning Code Section 20.30.110.0 (Alternative Setback Area Location) states that in cases where the orientation of an existing lot and the application of the setback area are not consistent with the character or general orientation of other lots in the vicinity, the Community Development Director may redefine the location of the front, side, and rear setback areas to be consistent with surrounding properties. In this case, so that surrounding property owners would be notified of the application, the Director referred the request to the Planning Commission for consideration and final action. 6. A public hearing was held on April 18, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 19 Planning Commission Resolution No. Paqe 2 of 2 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. 1 -.]:[" KQ 04KCRa1►1111ORB*3 1. The Municipal Code does not set forth any required findings for either approval or denial of Staff Approvals for alternative setback determinations. The application was reviewed for compatibility with the neighborhood based on setback area, floor area ratio (FAR), and other development standards, and to ensure the setback determination would not be detrimental to the neighborhood. 2. The alternative setback determination will be detrimental to the surrounding properties. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Beach hereby denies Staff Approval No. SA2013 -002. #1114b, IN 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 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF APRIL, 2013. AYES: NOES: ABSTAIN: ABSENT: BY: M3 Michael Toerge, Chairman Fred Ameri, Secretary Tmplt: 05/16/2012 20 Attachment No. PC 3 Applicant's Setback Exhibits 21 22 B n- PFANL,(v,R� � Wt �." :A 17 u . V r WAVAlb I" AI o.,tedy°, fMt Carmel CMrth r � If � �5 717 107 105 uu 103 1pG 1 lu co o v a K'ES T 1420 W. Oceanfront Setback Determination PROPOSED SETBACKS: r I - - -- - -- - -- - - -_ - - - - - - - - --- ---- _ !4i! I ............. SITE IMPROVEMENTS LIMITED 1420 W. OCEAN FRONT TO 42" ABOVE NATURAL GRADE LOT SIZE= 6,000 SQ. FT. BUILDABLE AREA= 4,181 SQ. FT. MAX ALLOWABLE= 8,362 SQ. FT. B.A. /L.S.= 70% F.A.R.= 1.39 EXISTING SETBACKS: ---------- - - - - -- ------------- - - - - -• 10 ! i I li �I i41 14i I� �I i / / /�� /nom 10 OCEAN FRONTSETBACK 1420 W. OCEAN FRONT LOT SIZE= 6,000 SQ. FT. BUILDABLE AREA= 3,360 SQ. FT. MAX ALLOWABLE= 6,720 SQ. FT. B.A. /L.S.= 56% F.A.R.= 1.12 j^ Iy l LL 1 1„ 113 111 125 250 Feet 5 8A180 18(Vo. V IV N EXISTING SETBACKS OF NEIGHBORING AND SIMILIAR CONDITION LOTS: PROPOSED SETBACKS: 1416 W. OCEAN FRONT LOT SIZE= 4,100 SQ. FT. BUILDABLE AREA= 3,145 SQ. FT. MAX ALLOWABLE= 6,290 SQ. FT B.A. /L.S.= 72% F.A.R.= 1.53 1414 W. OCEAN FRONT LOT SIZE- 3,075 SQ. FT. BUILDABLE AREA= 2,220 SQ. FT. MAX ALLOWABLE= 4,440 SQ. FT B.A. /L.S.= 72% F.A.R.= 1.44 1200 W. OCEAN FRONT LOT SIZE= 7,470.2 SQ. FT. BUILDABLE AREA= 6,131 SQ. FT. MAX ALLOWABLE= 12,262 SQ. FT. B.A. /L.S.= 82% F.A.R.= 1.64 025' K - -- - -- - I — — — — — — — — — — — - - — — — — — — — — -- I I I I I I I I !41 i3 I � 1420 W. OCEAN FRONT LOT SIZE= 6,000 SQ. FT. BUILDABLE AREA= 4,181 SQ. FT. MAX ALLOWABLE= 8,362 SQ. FT B.A. /L.S.= 70% F.A.R.= 1.39 I B M.,i BRANDON ARCHITECTS, INC. P: 714.754.4040 F:714.754.4004 www.BraTAb chitects.com � 7 ql ! I I I! I I! I I I I! I I I I I I 1025' i j ,31 1025' 141 14; I I i t I; i I l i j L-- - - - - -1 ; i L - - - - � i L - - - - - - - - - - - - - - � i 10 i 10 i 8 i i i • ---------------- L------- - - - - -� •-------------------------------- I I 40' I 30' 72.88' 1416 W. OCEAN FRONT LOT SIZE= 4,100 SQ. FT. BUILDABLE AREA= 3,145 SQ. FT. MAX ALLOWABLE= 6,290 SQ. FT B.A. /L.S.= 72% F.A.R.= 1.53 1414 W. OCEAN FRONT LOT SIZE- 3,075 SQ. FT. BUILDABLE AREA= 2,220 SQ. FT. MAX ALLOWABLE= 4,440 SQ. FT B.A. /L.S.= 72% F.A.R.= 1.44 1200 W. OCEAN FRONT LOT SIZE= 7,470.2 SQ. FT. BUILDABLE AREA= 6,131 SQ. FT. MAX ALLOWABLE= 12,262 SQ. FT. B.A. /L.S.= 82% F.A.R.= 1.64 025' K - -- - -- - I — — — — — — — — — — — - - — — — — — — — — -- I I I I I I I I !41 i3 I � 1420 W. OCEAN FRONT LOT SIZE= 6,000 SQ. FT. BUILDABLE AREA= 4,181 SQ. FT. MAX ALLOWABLE= 8,362 SQ. FT B.A. /L.S.= 70% F.A.R.= 1.39 I B M.,i BRANDON ARCHITECTS, INC. P: 714.754.4040 F:714.754.4004 www.BraTAb chitects.com Attachment No. PC 4 Existing and Proposed Footprints 25 20 F- w Qf F- V) Lo �i ti EXISTING PARKING H4 EXISTING CURB CUT AND DRIVEWAY y EXISTING PUBLIC RESTROOMS EXISTING PARKING _ - _ _ _ _ _ _ - _ _ _ _ _ - _ - _ _ PROPERTY UNE_ _ - _ - - - - ABAN WIN E I I I Q LOT 12 &13 e EXISTING BUILDING I a I p F._ - - PROPERTY LINE -- -- - BLOCK 14 Q I TRACT 234 N80DEG.16'30'E - - 120.02' LOT 10 & 11 EXISTING BUILDING EXISTING BUILDING ____ LWJ_L1J_LLJ `____- __ PROPERTY LINE 120.02' _.________________ WEST OCEAN FRONT (EXISTING BOARDWALK) I i I I I T - T 1 ALLEY WAY I I I I I I I I II I y -0• I �I - T � > I I EXISTING BUILDING I I I I LOT 9 EXISTING BUILDING EXISTING SITE PLAN 1420 W. OCEAN FRONT SCALE : 1/16 " =1' -0" BRANDON ARCHITECTS, INC. 714.754.4040 LOT 8 EXISTING BUILDING Mi BRANDON ARCHITECTS, INC. 27 gII I 01 la °I Iw 1/4• I o 1 I _ EXISTING SITE PLAN 1420 W. OCEAN FRONT SCALE : 1/16 " =1' -0" BRANDON ARCHITECTS, INC. 714.754.4040 LOT 8 EXISTING BUILDING Mi BRANDON ARCHITECTS, INC. 27 ; W w H V) 2 H I r w 0 0 z EXISTING PUBLIC RESTROONS EXISTING BOARDWALK PROPOSED SCHEMATIC SITE PLAN 1420 W. OCEAN FRONT SCALE : 1/16 " =1' -0" BRANDON ARCHITECTS, INC. 714.754.4040 Mi BRANDON ARCHITECTS, INC. M