HomeMy WebLinkAbout1950 - VARIANCE REQUEST FOR ENCROACHMENT INTO REQUIRED SIDE YARD SETBACK - 7 Harbor IslandRESOLUTION NO. 1950
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).
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.
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).
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.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.090.F (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:
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.
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:
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.
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
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Planning Commission Resolution No. 1950
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 necessary for the preservation and enjoyment
of substantial property rights of the applicant.
Facts in Support of Finding:
1. 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.
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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.
Finding:
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.
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 complies 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.
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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:
1. 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 17TH DAY OF JULY, 2014.
AYES: BROWN, KOETTING, KRAMER, LAWLER, MYERS, AND TUCKER
NOES: NONE
ABSTAIN: NONE
ABSENT: HILLGREN
BY: / 0
Larry Tucker, Chair
Ja My+ r , Sec etary
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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.)
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.
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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. Written documentation shall be submitted prior to issuance of building permits
establishing approval by the holders of any private easements for any proposed
encroachments.
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