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HomeMy WebLinkAbout3.0 - The Francescon Residence Varinance - PA2014-084CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT July 17, 2014 Meeting Agenda Item No. 3 SUBJECT: The Francescon Residence Variance - (PA2014 -084) 7 Harbor Island Variance No. VA2014 -004 APPLICANT: Brandon Architects, Inc. PLANNER: Benjamin M. Zdeba, Assistant Planner (949) 644 -3253, bzdeba @newportbeachca.gov PROJECT SUMMARY A variance to allow a new single - family development to encroach up to 12.9 feet into the 19 -foot setback along the easterly side of the property. The applicant also requests to exceed the allowed floor area limitation (7,040 sq. ft.) by 1,497 sq. ft. for a total of 8,537 sq. ft. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Variance No. VA2014 -004 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE The Francescon Residence Variance Planning Commission, July 17, 2014 Page 2 VICINITY MAP Subject Property GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE RS -D (Single -Unit Residential Detached) R -1 (Single -Unit Residential) Single- family residence RS -D (Single -Unit NORTH Residential Detached) R -1 (Single -Unit Residential) Single- family residences SOUTH RS -D (Single -Unit Residential Detached) R -1 (Single -Unit Residential) Single- family residences EAST RS -D and RT (Two -Unit Residential R -1 and R -2 (Two -Unit Residential ) Single- and two - family residences WEST RS -D (Single -Unit R -1 (Single -Unit Residential) Single- family residences Residential S The Francescon Residence Variance Planning Commission, July 17, 2014 Page 3 Project Setting The subject property is a rectangular shaped lot on the northern side of Harbor Island facing Linda Isle. The gross lot area is approximately 9,082 square feet. The property is improved with a 3,936- square -foot, two -story single - family residence with attached garage originally constructed in 1969. The current lot configuration was established under the original subdividing document in 1926 (Attachment No. PC 6). Since its inception in 1950, the City zoning district map has required a 19 -foot side setback along the easterly property line which is consistent with an unutilized 15 -foot private easement in the same location. The other setbacks are 15 feet along the front and rear property lines and 4 feet along the interior westerly property line. It should be noted that all setbacks are measured from the original Tract No. 802 boundaries. Figure 1 shows the required setbacks (shaded) as well as the resulting buildable area (BA), maximum floor area limitation ( "Allowable "), and floor area to land ratio (FAR). Figure 1— Existing Buildable Area and Setbacks of Project Site LOT 7 SITE: 55' x 165' 9,082 S.F. SETBACKS: 4' & 19' SIDEYARDS, 15' FRONT & REAR BA.: 3,520 S.F. ALLOWABLE: 7,040 S.F. F.A.R.: 0.78 The existing residence is nonconforming as it has livable area that encroaches approximately 6 feet, 9 inches into the required 19 -foot side setback. Additionally, there are several landscape walls encroaching nearly 11 feet (see Attachment No. PC 3). Project Description The applicant has designed a new three - level, four - bedroom single - family residence with 7,584 square feet of habitable floor area and a 953 - square -foot three -car garage. The requested variance would allow varying encroachments on the first, second, and third floors up to 12.9 feet into the 19 -foot setback along the easterly side of the property (see Figure 2). The applicant also requests to exceed the allowed floor area limitation (7,040 sq. ft.) by 1,497 sq. ft. for a total of 8,537 sq. ft. Also refer to the project plans provided as Attachment No. PC 7. 4 The Francescon Residence Variance Planning Commission, July 17, 2014 Page 4 Figure 2 — Proposed Setback Encroachments by Floor 4� LOT 7 1 SITE: 55'x I65' 9,082 S.F. SETBACKS: 4'& 19' SIDEYARDS, 15' FRONT & REAR 3 1' B.A.: 3,520 S.F. ALLOWABLE: 7,040 S.F. is F.A.R.: 0.78 7 FIRST FLOOR PLAN LOT 7 SITE: 55' x I65' 9,082 S.F. SETBACKS: 4' & 19' SIDEYARDS, 15' FRONT &REAR ax 15' B.A.: 3,520 S.F. ALLOWABLE: 7,046 S.F. 15' F.A. R.: 6.78 SECOND FLOOR PLAN Lab 7 SITE: SS' x 1b5' 9,082 S.F. SETBACKS: 4' & 19' SIDEYARDS, 15' FRONT & REAR W B.A.: 3,520 S.F. ALLOWABLE: 7,040 S.F. 1? F.A.R.: 0.78 1 THIRD FLOOR PLAN DISCUSSION Analysis General Plan, Local Coastal Plan, and Zoning Code The site is designated RS -D (Single -Unit Residential Detached) by the General Plan Land Use Element and RSD -A (Single -Unit Residential Detached) by the Coastal Land Use 0 The Francescon Residence Variance Planning Commission, July 17, 2014 Page 5 Plan. It is located within the R -1 (Single -Unit Residential) Zoning District. The single - family residence is a permitted use under these land use designations. The proposed residence requires the approval of a variance from the development standards of the R -1 Zoning District and related setback map. Variance A variance is a request to waive or modify certain standards when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district. A variance can only be granted to maintain parity between the variance site and nearby properties in the same zoning district to avoid the granting of special privileges to one property. Section 20.52.090.F (Variances, Findings and Decision) of the Zoning Code requires the Planning Commission to make the following findings before approving a variance: A. There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification; B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification; C. Granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; D. Granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district; E. Granting of the Variance will not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood; and F. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable specific plan. 0 The Francescon Residence Variance Planning Commission, July 17, 2014 Page 6 Side Setback Encroachments Although the project site is topographically flat and rectangular in shape, it is subject to a relatively large side setback of 19 feet due to the presence of an unutilized private easement for a private roadway. At its original development, the easement was dedicated to accommodate for a bridge to Linda Isle and a pedestrian pier; however, these improvements are no longer desired by the Harbor Island Community Association (Attachment No. PC 5). The 19 -foot side setback constitutes an impingement on the property owner's right to develop the property and creates a buildable width of 32 feet where most property owners on Harbor Island enjoy a buildable width ranging from 34 feet to 96.5 feet. Nearly 42 percent of the lot width is dedicated to side setback areas whereas typical properties have an approximate range of 14 to 18 percent. Furthermore, the R -1 Zoning District's development standards require a maximum side setback of 4 feet in cases where the lot is wider than 40 feet. The 19 -foot side setback is 15 feet larger than the largest side setback requirement prescribed by the Zoning Code for an R -1 property. The proposed encroachments will maintain a side setback of no less than 6 feet at the worst case whereas the majority of the proposed structure will maintain a minimum side setback of 12 to 14 feet. As such, the proposed encroachments and resulting setbacks will be consistent with the pattern of development and will provide sufficient light and air. It should also be noted the adjacent single - family residences at 8 Harbor Island, opposite of 7 Harbor Island, and 26 Harbor Island, kitty corner from 7 Harbor Island, maintain setback encroachments approved under Modification Permit Nos. MD4406 and MD2004 -046, respectively. Modification Permit No. MD4406 for 8 Harbor Island allowed setback encroachments of up to 8 feet on two stories and Modification Permit No. MD2004 -046 for 26 Harbor Island allowed varying encroachments up to 14.5 feet on two stories. With the update to the Zoning Code in 2010, encroachments of this degree now require a variance. The proposed setback encroachments will mirror those of the adjacent lot inasmuch as the encroachments are less towards the front of the lots and increase towards the rear. This mirrored effect will improve the compatibility of the development and will produce a structure that is in scale and in kind with the neighborhood. Floor Area Increase Harbor Island homes are generally larger in scale when compared to other R -1 properties and the lot sizes vary due to consolidations that have occurred over time. Lots in the area range between 40 feet and 112 feet in width and approximately 6,604 square feet and 18,115 square feet in area. The applicant is requesting an increase in the allowable floor area due to the large 19 -foot side setback and its resulting smaller buildable area. When analyzing the request for additional floor area, staff employs a true floor area ratio (FAR) method by which the total building square footage allowed on the site is divided by the total site area. This method allows for an equitable comparison of floor area to lot area. Table 1 below compares the allowable floor areas for adjacent properties along Harbor Island. The location of these properties is also identified in the FAR Comparison appended as Exhibit No. PC 1. rW, The Francescon Residence Variance Planning Commission, July 17, 2014 Page 7 Table 1— Floor Area Comparisons 'Subject to a variance or setback determination resulting in increased floor area. As shown in Table 1, FARs range between 0.78 and 1.13; however, the majority of properties with typical lot configurations on Harbor Island have FARs that range between 1.10 and 1.13. In addition, the nearby properties within the R -1 Zoning District on Linda Isle to the north across the water have a typical FAR of 1.07. The proposed residence would be well within this range at 0.94 FAR; therefore, there is no special privilege granted to the property owner as a result of the Variance and the development will be compatible with the surrounding area and other properties with an R -1 designation. Summary The project site is topographically flat and rectangular in shape, but is subject to an unusually large 19 -foot side setback which results in a smaller buildable area and an off - balanced development that is favoring the westerly side property line. The requested variance allows encroachments that result in a more balanced development and a 0.94 FAR, which is comparable to typical lots within the area. The Community Association to which the easement is dedicated has provided a letter in support of the proposal and recognizes the easement as obsolete (Attachment No. PC 5). The proposed encroachments and buildable area do not result in a special privilege as they allow the property owner to construct a residence with a similar FAR to other residential development on Harbor Island. The single - family residence complies with the height limits and open volume requirements of the R -1 Zoning District. The requested Variance is consistent with the intent of the Zoning Code and the General Plan because Hr 7 Harbor 4 Harbor 5 Harbor 6 Harbor 8 Harbor 9 Harbor Island Island Island Island Island Island Subject Opposite Gross Lot 9,082 sq. ft. 8,258 sq. ft. 7,432 sq. ft. 7,432 sq. ft. 9,082 sq. ft. 6,604 sq. ft. Area Buildable Area 3,520 s ft. q' 4,620 s ft. q' 4,070 s ft. q' 4,070 s ft. q' 3,520 s ft. q' 3,740 s ft. q' Maximum Floor 7,040 sq. ft. 9,240 sq. ft. 8,140 sq. ft. 8,140 sq. ft. 7,040 sq. ft. 7,480 sq. ft. Area Maximum FAR by 0.78 1.12 1.10 1.10 0.78 1.13 Code Floor Area Permitted g,537 sq. ft. N/A N/A N/A N/A N/A by (Proposed) Variance FAR Per 0.94 N/A N/A N/A N/A N/A Variance 'Subject to a variance or setback determination resulting in increased floor area. As shown in Table 1, FARs range between 0.78 and 1.13; however, the majority of properties with typical lot configurations on Harbor Island have FARs that range between 1.10 and 1.13. In addition, the nearby properties within the R -1 Zoning District on Linda Isle to the north across the water have a typical FAR of 1.07. The proposed residence would be well within this range at 0.94 FAR; therefore, there is no special privilege granted to the property owner as a result of the Variance and the development will be compatible with the surrounding area and other properties with an R -1 designation. Summary The project site is topographically flat and rectangular in shape, but is subject to an unusually large 19 -foot side setback which results in a smaller buildable area and an off - balanced development that is favoring the westerly side property line. The requested variance allows encroachments that result in a more balanced development and a 0.94 FAR, which is comparable to typical lots within the area. The Community Association to which the easement is dedicated has provided a letter in support of the proposal and recognizes the easement as obsolete (Attachment No. PC 5). The proposed encroachments and buildable area do not result in a special privilege as they allow the property owner to construct a residence with a similar FAR to other residential development on Harbor Island. The single - family residence complies with the height limits and open volume requirements of the R -1 Zoning District. The requested Variance is consistent with the intent of the Zoning Code and the General Plan because Hr The Francescon Residence Variance Planning Commission, July 17, 2014 Page 8 the proposed deviations from the Zoning Code allow for the construction of a single - family residence with a comparable FAR to other properties on Harbor Island. Staff, therefore, recommends Planning Commission approval based on the discussion and facts above and findings included in the draft resolution. Conditions of approval have been incorporated into the attached draft resolution (Attachment No. PC 1). Alternatives 1. The Planning Commission may suggest specific changes that are necessary to alleviate concerns. If any additional requested changes are substantial, the item should be continued to a future meeting to allow a redesign or additional analysis. Should the Planning Commission choose to do so, staff will return with a revised resolution incorporating new findings and /or conditions. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, Planning Commission must deny the application and provide facts in support of denial to be included in the attached draft resolution for denial (Attachment No. PC 2). Environmental Review The project categorically is exempt under Section 15303 of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures) of the implementing Guidelines of the California Environmental Quality Act. The Class 3 exemption includes the construction of one single - family residence. The project is a new single - family residence and is located on a previously developed site with no environmentally significant resources present. 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 before the scheduled meeting, 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: I Be ja i h M. eba Ass' tant Planner Br n a Wisnesiti, VkICP, Deputy Director 9 The Francescon Residence Variance Planning Commission, July 17, 2014 Page 9 ATTACHMENTS PC 1 Draft Resolution for Approval PC 2 Draft Resolution for Denial PC 3 Existing Photos PC 4 Applicant's Project Description and Justification PC 5 Letter from Harbor Island Community Association PC 6 Tract Map No. 802 and Setback Map No. S -8 PC 7 Project Plans EXHIBITS PC 1 FAR Comparisons 04/0714 10 Attachment No. PC 1 Draft Resolution for Approval 21 INTENTIONALLY BLANK PAGE 12 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. VA2014 -004 FOR A SINGLE - FAMILY RESIDENCE LOCATED AT 7 HARBOR ISLAND (PA2014 -084) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Brandon Architects, Inc. representing 7 Harbor, LLC, property owner, with respect to property located at 7 Harbor Island, and legally described as Lot 7 of Tract No. 802, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 24, Page(s) 7, of Miscellaneous Maps, in the Office of the County Recorder of Orange County, requesting approval of a variance. 2. The applicant requests to allow a new single - family development that encroaches up to 12.9 feet into the 19 -foot setback along the easterly side of the property. The applicant also requests to exceed the allowed floor area limitation (7,040 sq. ft.) by 1,497 sq. ft. for a total of 8,537 sq. ft. 3. The subject property is located within the R -1 (Single -Unit Residential) Zoning District and the General Plan Land Use Element category is RS -D (Single -Unit Residential Detached). k 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD -A (Single -Unit Residential Detached). 5. A public hearing was held on July 17, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). 2. The Class 3 exemption includes the construction of one single - family residence. The project is a new single - family residence and is located on a previously developed site with no environmentally significant resources present. 13 Planning Commission Resolution No. Paqe 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.090.E (Variance, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of a variance are set forth: Finding: A. That there are special or unique circumstances or conditions applicable to the subject property (e.g. location, shape, size, surrounding, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: 1. The lot has an unusually large side setback resulting in a buildable area of approximately 3,520 square feet where a typical lot in the vicinity has between 3,740 and 4,620 square feet; the resulting FAR is 0.78 where a typical lot in the block has an FAR between 1.10 and 1.13. 2. The 19 -foot side setback is 15 feet larger than the largest side setback within the development standards for the R -1 (Single -Unit Residential) Zoning District. Adequate light and air will be provided with the proposed encroachments which lessen from a 12.9 -foot encroachment at the rear to an approximate 5.5 -foot encroachment at the front. Furthermore, the development will maintain a minimum side setback of 6 feet at its most severe encroachment which is greater than the standard Zoning Code requirement of 4 feet for a property within the R -1 Zoning District. Finding: B. That strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. Facts in Support of Finding: 1. Strict application of development standards creates a residence that is smaller in size when compared to other identically zoned lots in the immediate area. Strict application of the Zoning Code required floor area limit (FAIL = buildable area X 2) to the subject property allows a maximum area of 7,040 square feet, which results in a FAR of 0.78. The allowed FAR of a typical lot on Harbor Island is between 1.10 and 1.13. 2. The project site is 55 feet wide, 58 percent of which is buildable as compared to nearby properties that enjoy buildable widths that are between 82 and 86 percent of the overall width. The lessened buildable width hinders the property owners ability to create a front fagade that is consistent with the Zoning Code's Residential Design 10 -15 -2013 f� 1 J Planning Commission Resolution No. Paqe 3 of 7 Criteria by dedicating the majority of the frontage to an unarticulated three -car garage entry. 3. Setbacks required by the setback map for this property include an obsolete easement and do not reflect the prevailing setbacks for this area. Further, they deprive the property of comparable floor area and scale for the development of a new single - family residence allowed on typical lots on Harbor Island. 4. The adjacent residence opposite of the project site at 8 Harbor Island has several encroachments into its 19 -foot side setback. The proposed encroachments aim to balance the development and increase its compatibility with the adjacent residences and surrounding area. Finding: C. That the granting of the Variance is necessaAfhfe preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Finding: The project site has a floor area to land ratio (FAR) of 0.78 while other typical properties on Harbor Island enjoy FARs between 1.10 and 1.13. 2. The requested Variance to encroach into the side setback and increase the floor area will result in an a 8,537- square -foot floor area limit results in a 0.94 FAR, which is comparable with the typical lots on Harbor Island and allows the property the ability to build a residence with a comparable FAR to other residential developments within the R -1 Zoning District. 3. The proposed setback encroachments will help to ensure the property owner has the ability create a clear entry from Harbor Island's private roadway and will enhance the front fagade by providing additional articulation as encouraged by the Zoning Code. Finding: D. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. Facts in Support of Finding: 1. The proposed setback encroachments and floor area increase do not result in a special privilege as it allows the property owner to construct a residence with similar development standards applicable to the typical lots on Harbor Island. 10 -15 -2013 2J� Planning Commission Resolution No. Paqe 4 of 7 2. The proposed setback encroachments are not impinging upon the default side setback requirement of 4 feet prescribed by the Zoning Code for properties within the R -1 (Single -Unit Residential) Zoning District. 3. Approval of the variance results in a floor area to land area ratio (FAR) of 0.94, which is comparable of typical lots along Harbor Island where maximum FARs range from 1.10 to 1.13. The 0.94 FAR is also comparable to typical lots within the R -1 Zoning District nearby on Linda Isle, which have a typical FAR of 1.07. Findinq: E. That the granting of the Variance will not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. Ar Facts in Support of Finding: 1. The proposed encroachments and building location will provide adequate light, air, and separation. The proposed encroachments result in built setbacks that are consistent with setbacks for similar lots on Harbor Island. 2. The design of the structure includes adequate articulation, modulation, and open volume. The increased floor area will not result in a structure that is out of scale with the neighborhood and visually incompatible. 3. The design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. The design com s with all other Zoning Code development standards. Finding: F. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable specific plan. Facts in Support of Finding: 1. Setbacks govern the location of structures on a lot and provide for open areas around structures for visibility and traffic safety, access to and around structures, access to natural light and ventilation, separation of incompatible land uses, space for privacy, landscaping, and recreation, protection of natural resources, and safety from fire and geologic hazards. The Variance upholds the intent of setbacks and will allow a single - family residence that is consistent with the existing development pattern along Harbor Island and typical of a property within the R -1 Zoning District. 10 -15 -2013 Z� Planning Commission Resolution No. Paqe 5 of 7 2. The requested Variance is consistent with the intent of the Zoning Code and the General Plan because the proposed deviations from the Zoning Code allow for the construction of a single - family residence with a comparable FAR to other properties on Harbor Island and within the R -1 Zoning District. 3. The subject property is not located within a specific plan area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2014 -004 (PA2014 -084), subject to the conditions set forth in Exhibit "A ", which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 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 17T" DAY OF JULY, 2014. AYES: NOES: ABSTAIN ABSENT: BY: BY: Bradley Hillgren, Chairman Kory Kramer, Secretary 10 -15 -2013 17 Planning Commission Resolution No. Paqe 6 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Variance No. VA2014 -004 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Variance. 5. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 6. Approval of the California Coastal Commission is required prior to issuance of a building permit for a single - family residence. 7. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be 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. 8. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Variance file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Variance and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 9. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the property owner or agent. 10 -15 -2013 Zg Planning Commission Resolution No. Paqe 7 of 7 10. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Francescon Residence Variance, but not limited to, Variance No. VA2014 -004 (PA2014 -084). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. PUBLIC WORKS 11. There shall be no encroachments within the City's easements 12. Approval of any proposed encroachments into easement areas shall be granted by those who are a party to the easement. 10 -15 -2013 19 INTENTIONALLY BLANK PAGE 20 Attachment No. PC 2 Draft Resolution for Denial 21 INTENTIONALLY BLANK PAGE 22 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING VARIANCE NO. VA2014- 004 FOR A SINGLE - FAMILY RESIDENCE LOCATED AT 7 HARBOR ISLAND (PA2014 -084) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Brandon Architects, Inc. representing 7 Harbor, LLC, property owner, with respect to property located at 7 Harbor Island, and legally described as Lot 7 of Tract No. 802, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 24, Page(s) 7, of Miscellaneous Maps, in the Office of the County Recorder of Orange County, requesting approval of a variance. 2. The applicant requests to allow a new single - family development that encroaches up to 12.9 feet into the 19 -foot setback along the easterly side of the property. The applicant also requests to exceed the allowed floor area limitation (7,040 sq. ft.) by 1,497 sq. ft. for a total of 8,537 sq. ft. 3. The subject property is located within the R -1 (Single -Unit Residential) Zoning District and the General Plan Land Use Element category is RS -D (Single -Unit Residential Detached). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD -A (Single -Unit Residential Detached). 5. A public hearing was held on July 17, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). 2. The Class 3 exemption includes the construction of one single - family residence. The project is a new single - family residence and is located on a previously developed site with no environmentally significant resources present. 23 Planning Commission Resolution No. Paqe 2 of 2 SECTION 3. FINDINGS FOR DENIAL. The Planning Commission may approve a variance only after making each of the required findings set forth in Section 20.52.090 (Variances). In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Variance application for the proposed single - family residence is not consistent with the legislative intent of Title 20 of the Municipal Code and that findings required by Section 20.52.090 are not supported in this case. The proposed project may prove detrimental to the community. 2. The design, location, size, and characteristics of the proposed project are not compatible with the single- and two -unit dwellings in the vicinity. The development may result in negative impacts to residents in the vicinity and would not be compatible with the enjoyment of the nearby residential properties. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of New Beach hereby denies Variance No. VA2014 -004 (PA2014 -084). 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 17TH DAY OF JULY, 2014. AYES: NOES: ABSTAIN ABSENT: 1' My Bradley Hillgren, Chairman Kory Kramer, Secretary 08 -09 -2013 24 Attachment No. PC 3 Existing Photos 25 INTENTIONALLY BLANK PAGE 20 27 Y J 0 O N 7 U 7 Y N 0) C .N �X O N L Y 0 O co O L �H CD L_ 0) C .3 0 L N T 0 3 a 0 0 a) m .L a N =o m i O L i 2 O O Q N 0 O t a 22 T C N L L U Y U 4 N N O O w. m r O t O Y L U (6 O L U C N (6 L Y V W L L cc T i 7 O U N O r N .N C E O L a) O Q Cl) w O t '•w �9 INTENTIONALLY BLANK PAGE so Attachment No. PC 4 Applicant's Project Description and Justification 31 INTENTIONALLY BLANK PAGE PA2014 -084 Monday, April 14, 2014 To: Ben Zdeba City of Newport Beach Planning Department 100 Civic Center Drive Newport Beach, CA 92658 T: 949.644.3200 Re: 7 Harbor Island — Variance Findings Dear Mr. Zdeba, BM.,& BRANDON ARCHrrECTS, INC. From: Christopher Brandon, AIA Brandon Architects, Inc. 3001 Red Hill Ave. Building 01, Suite 102 Costa Mesa, CA 92626 T: 714.754.4040 Thank you for your time in assisting our office to prepare a Variance Application for the future development of 7 Harbor Island. Please refer to the following points as you determine your own findings in support of our application. I have included exhibits that depict our design and when the time is right I can assist you in cataloging all the encroachments. There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification: a. There is an obsolete 15' easement along the Easterly property line that was originally created to allow for a bridge to be built from Harbor Island to Linda Isle. Obviously the bridge was never constructed and will never be proposed again. However, the zoning setback map for Harbor Island shows the 4' side yard setback imposed from this 15' easement, making the effective side yard setback 19'. This is unduly onerous for a lot that is only 55' wide. This obsolete easement affects two properties on Harbor Island, (2 other lots to the south have a 7.5' easement that was intended to allow for a pedestrian pier to be constructed). This easement severely restricts the allowable footprint for development and significantly reduces FAR. Typical lots in the area enjoy an FAR of 1.10 to 1.13. 7 Harbor Island's FAR is 0.78. Our proposed design has an FAR of appx. 0.94. Unfortunately the Harbor Island Home Owners Association has never gone to the trouble to remove this easement and has no capacity to do so in the near future. However, they have allowed significant encroachments (Modifications and Variances) for the other affected lots and they are very much in support of our project. 2. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification: a. Strict compliance with the Zoning Code would deprive our property owner of enjoyment and utilization of this 15' section along the entire 165' length of the property. This renders 27% of the lot useless because the buildable width is reduced to 32' and reduces the allowable FAR to 0.78. Other properties in the vicinity under the same zoning BRANDON INC. 3001 Red Hill Ave. Bldg. 1 Ste. 102, Costa Mesa, CA 92626 P: 714.754.4040 F: 714. 754.4004 www.BrandonArchitects.com Email: info @BrandonArchitects.com 33 PA2014 -084 Page 2 of 3 7 Harbor Island Variance Findings classification enjoy FAR's of 1.10 to 1.13 and even the narrowest lot being 40' wide has a buildable width of 34'. Most lots are 45' wide which yield a buildable width of 37' 3. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant: a. Our applicant desires to build a home that equals the substance and stature of other homes on Harbor Island. As you and I both know this is an area of extremely high property values and the homes we design and build here need to be developed in a consistent manner in order to retain any kind of value when compared to price of the land. Granting of this Variance is extremely necessary for the preservation and enjoyment of substantial property rights of our applicant because we will not be able to build on a footprint of equal width or a home of an adequate size for the neighborhood. 4. Granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district: a. There has already been precedent set by the adjacent neighbor to the East (Lot 8) where significant encroachments were allowed (I believe by Modification under the old Zoning Code.) We have been in direct contact with the owner at Lot 8 to make sure they are in support of our proposed design and subsequent encroachments. They are in favor of our proposed improvements and there's been a mutual feeling of cooperation that will result in a beautifully enhanced "side yard" space that both owners can be proud of. In addition Lot 26 to the South has been afforded similar relief from their 11.5' setback. Also, our proposed FAR is approximately 0. 94 when all the other lots are allowed a min of 1.10. Granting our Variance request will certainly not grant any special privilege inconsistent with the limitations on other properties in the vicinity. b. Lot 8 has encroached past the 19' and is 8' -9" from the property line at the closest point. Lot 26 has encroached into the 11' — 6" setback as well as the 4' setback. I'm sure a search of records will provide more detailed information that I don't have access to at this time. 5. Granting of the variance will not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood: a. The applicant has been diligent in reviewing our proposed design with the affected neighbor at Lot 8 and the HOA (which has no Architectural oversight) and they are all in support. The extra space between lots 7 and 8 will be functional, (it's current use is for occasional overflow parking) much more attractive, safe and generally a major improvement over existing conditions. b. The existing home already has significant encroachments in the form of the both the residence footprint and a 6' high slump block wall that runs the majority of the 165' length. As you will see in the Shared Side Yard Exhibit (attached) many of the existing improvements are non - conforming and our proposed design actually creates more compliance, more open space and generally beautifies the affected area. BRANDON INC. 3001 Red Hill Ave. Bldg. I Ste. 102, Costa Mesa, CA 92626 P: 714.754.4040 F: 714. 754.4004 www.BrandonArchitects.com Email: info @BrandonArchitects.com S'4' PA2014 -084 Page 3 of 3 7 Harbor Island Variance Findings 6 Granting of the variance will not be in conflict with the intent and purpose of this section, this Zoning Code, the General Plan, or any applicable specific plan: a. To my knowledge our proposed Variance will be very much consistent with the intent of the Zoning code, the variance language and the General Plan. It's also my strong belief that our application is keeping with the character and pattern of development of Harbor Island. In conclusion the applicant and my office strongly believe that the findings for a Variance can be met and expounded upon by Staff in support of our application. Please don't hesitate to contact me at your convenience. Best Regards, Christopher Brandon, AIA BRANDON F.11919 06M ME BRANDON INC. 3001 Red Hill Ave. Bldg. I Ste. 102, Costa Mesa, CA 92626 P: 714.754.4040 F: 714. 754.4004 www.BrandonArchitects.com Email: info @BrandonArchitects.com 35 INTENTIONALLY BLANK PAGE Attachment No. PC 5 Letter from Harbor Island Community Association S7 INTENTIONALLY BLANK PAGE MIS PA2014 -084 05/08/2014 13:58 9497233127 Thursday, May 01, 2014 To: Ben Zdeba City of Newport 13 each Planning Department 100 Civic Center Drive Newport Beach, CA 92658 T: 949.644,3200 Re: 7 Harbor Island — Proposed New Residence Dear Mr, 7doba, WB NB PAGE 02/02 From: Harbor Island Community Association c /o. Total Property Management 2301 Dupont Drive Ste, '100 Irvine, CA 92612 T: 949,261.8282 On behalf o.fthe homeowners of Harbor Island, I would like to represent our support for the proposed project at 7 Harbor Island. At our meeting on April 30, 2014, we reviewed exhibits provided by Mr. Francescon & Brandon Architects, The easement located in the middle of the island between lots 7 & 8 as well as lots 24 & 26 was originally planned for a. bridge and pedestrian pier. These Easements are largely obsolete. Exhibit A -1.0 provided by Brandon Architects clearly shows that currently both homes on lot 7 & 8 have been built within the easement. As shown in Exhibit A. 1, 1, the proposed plan is cognizant of the current relief between the adjacent home on lot 8. The artist's perspective and the exterior elevations provided (Exhibits B & C) are very much to our liking. We believe the proposed new residence at lot 7 is consistent with the pattern of development of the Island and will be a welcomed improvement. It is also our finding that the proposed encroachments into the easement are acceptable and will also be an Improvement for both homeowners and the community of Harbor Island. 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F.A.R.: 1.12 a' -- - 4, LOT 5 is, SITE: 45' x 165' 7,432 S.F. 3 ' ss' SETBACKS: 4' SIDEYARDS, 15' FRONT & REAR B.A.: 4,070 S.F. ALLOWABLE: 8,140 S.F. F.A.R.: 1.10 a' 4' - LOT 6 is, SITE: 45' x 165' 7,432 S.F. SETBACKS: 4' SIDEYARDS, 15' FRONT & REAR B.A.: 4,070 S.F. ALLOWABLE: 8,140 S.F. F.A.R.: 1.10 LOT 7 SITE: 55' x 165' 9,082 S.F. 3�,s• SETBACKS: 4' & 19' SIDEYARDS, 15' FRONT & REAR 3� 15' B.A.: 3,520 S.F. ALLOWABLE: 7,040 S.F. F.A.R.: 0.78 - ------ -- -- 19' ' 19' LOT 8 15' 3s' SITE: 55' x 165' 9,082 S.F. 1s' 1 SETBACKS: 4' & 19' SIDEYARDS, 15' FRONT &REAR 3 B.A.: 3,520 S.F. ALLOWABLE: 7,040 S.F. F.A.R.: 0.78 a' LOT 9 SITE: 40' x 165' 6,604 S.F. ss SETBACKS: 3' SIDEYARDS, 15' FRONT & REAR 94 B.A.: 3,740 S.F. ALLOWABLE: 7,480 S.F. F.A.R.: 1.13 ICI PA2014 -084 Bmm, F.A.R. EXH I BIT INC. " " " 7 HARBOR ISLAND LOT 24 15' SITE: 112' x 158/163' 18,115 S.F. 15' 96.5' SETBACKS: 4'& 11.5' SIDEYARDS, 15' FRONT & REAR B.A.: 10,585 S.F. ALLOWABLE: 21,170 S.F. F.A.R.: 1.17 I u.s• I ll.s LOT 26 SITE: 63'x 163/166' 10,288 S.F. is 47.5• SETBACKS: 4'& 11.5' SIDEYARDS, 15' FRONT & REAR ls' B.A.: 5,262 S.F. ALLOWABLE: 10,524 S.F. F.A.R.: 1.02 a' LOT 27 I SITE: 50'x 166/168' 8,339 S.F. ls' 42• SETBACKS: 4' SIDEYARDS, 15' FRONT & REAR ls' B.A.: 4,672 S.F. ALLOWABLE: 9,344 S.F. F.A.R.: 1.12 �:� Francescon ResidencieVariance Planning Commission Public Hearing July 17, 2014 6141111116111116 ® Variance No. VA2014 -004 (PA2014 -o84) • Varying encroachments up to 12.9 feet into the required 19 -foot setback along the eastern property line • Increase in allowed floor area limitation (FAL) by 1,497 sq. ft. s OFi LRB •S � DETAIL %S w ..ve tio� ergw bnine esudeME p lrw up 1pi 07 /17 /20i4 Community Development Department - Planning Division 2 Existing Development mot kw Prnnnsecl Develr 19 Project , 1T Site As ,a Legend Landscape wall Easement -- Principal structure Setback . -- 07/17 /2014 Community Development Department - Planning Division Q ■ 19 -foot side setback is unusually large (compared to 4 feet) 58% buildable width compared to 82— 86% average for others ■ Compatible with neighborhood and other properties in R -1 Zoning District Proposed encroachments balance with adjacent properties Strict application of Zoning Code results in disproportionate FAR (0.78 compared to 1.10 —1.13) 07 /17 /20i4 Community Development Department - Planning Division 7 Conduct a public hearing ■ Adopt Resolution No. No. VA2014 -004 ■ Next steps approving Variance If approved, proceed through coastal development permit process and building permit plan check 07 /17 /20i2 Community Development Department - Planning Division M For more information contact: Benjamin M. Zdeba, Assistant Planner 949-644-3253 bzdebat7a newportbeachca.gov www.newport�eachca.gov 5 a I 1 1 i 5 a Prnnnsecl Develr An j 14[8 1]4A t 1� 1 71 611" T I 4 4 FIRST FLOOR PLAN SECOND FLOOR P'IAN A THIRD FLOOR FAH 07 /17 /20i4 Community Development Department - Planning Division 11 PA2014 -084 Bn, F.A.R. EXHIBIT 7 HARBOR ISLAND 4- PA2014-084 61.! F.A.R. EXHIBIT ,.._. 7 HARBOR ISLAND e' LOT 24 SITE: 112'x 158/163' 18,115 S.F. is, SETBACKS: 4'& 11.5' SIDEYARDS, 15' FRONT & REAR BA: 30,585 S.F. ALLOWABLE: 21,170 S.F. FAR.: 1.17 LOT 26 SITE: 63'x 163 /166' 30,288 S.F. SETBACKS: 4'& 11.5' SIDEYARDS, 15' FRONT & REAR B.A.: 5,262 S.F. ALLOWABLE: 10,524 S.F. F.A.R.: 1.02 1. LOT 27 SITE: 5D x 166/166' 8,339 S.F. SETBACKS: 4' SIDEYARDS, 15' FRONT & REAR B.A.: 4,672 S.F. ALLOWABLE: 9,344 S.F. FAR.: 1.12