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HomeMy WebLinkAbout03 - Code Amendment to Change Front-Yard Setback - PA2010-017Agenda Item No. 3 July 6, 2010 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 23 June 22. 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Russell Bunim, Assistant Planner (949) 644 -3233, rbunim @newportbeachca.gov SUBJECT: A Code Amendment to allow the change of a front -yard setback established on Districting Map No. 24 from 38 feet to 16 feet. (PA2010 -017) ISSUE: Should the City Council approve a code amendment to change a front -yard setback established on Districting Map No. 24 from 38 feet to 16 feet? RECOMMENDATION: 1) Conduct a public hearing; and 2) Introduce an ordinance approving Code Amendment No. CA2010 -002 and pass to second reading for adoption on July 6, 2010 (Attachment No. CC1) D'Ambrosia Residence June 22, 2010 Page 2 VICINITY MAP 3347 _ _ lA3P ' 23F d - t 2`41 ♦37 IdW ° `$319 r, 1331 2414 340 .424 F5Q1 33453I Pro @Ct 143 LOCBtIOn 1419 ` ISOS ISi ,. ""2� m 317 -- d424�s � I�m ;e 'ISI fl' SS31 �F,p, 'q4 ala� 2547 3524 1537 gg" 325 �,�F419� � �19t3 � iS36 I543'' {t _ *14Q3 1405 1427f i519- F536 40 2� id2_ 901 -5F 53 r�� Ib k667 1241 Py5 � F 152 1549 ' n�fbl5 1TT3 2419 `1430 2515 _ 1934 ��a ©6 16F9�• 6313IF.F223. iS��`` � "`ISIS � s(153' B32 � '163 787 ; 1437�� l912�IS S53F fi2k '4Y1 '27 61"�� 71 25QY S2 1543� YS X53 1s44 - /I530 °ala - aza Tao ya 1SI ,. 263 °Ei $3 dQl I40! '��� FS23'i529 6Q6.. f0 -. 1447 �d F53Sr" � v... Sazt, � 2941 I547 �OOr 52. a4 7TS: GENERAL PLAN ZONING l � r iu :o �' , ,v ��. �ooa fi �T � 7. �1 � ♦ 4.e>I v F� mo.i \\ ♦ I J !N E%'Syt \` !•/ v \.a \� s}e \ > � �'e �� A.n �v s ♦e� �fi �,. � 0'6 i .. m ! .. em f� use ♦n c-0 pp s.. /SRS D �� -0 �GEI LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Single-Unit d RS -D Residential IL Detached Single - Family Residential (R -1) Single -unit residential detached NORTH RS -D R -1 Single-unit residential detached SOUTH RS -D R -1 Single-unit residential detached EAST RS -D R -1 Sin le -unit residential detached WEST RS -D R -1 Sin le -unit residential detached D'Ambrosia Residence June 22, 2010 Page 3 INTRODUCTION: Project Setting The subject property is located in the Irvine Terrace neighborhood, which is bounded by East Coast Highway, Jamboree Road, Bayside Drive and Avocado Avenue. Specifically, the project site is located on the northerly side of Serenade Terrace between Dolphin Terrace and Ramona Drive. The topography in the Irvine Terrace neighborhood slopes downward from East Coast Highway to Bayside Drive. Project Description The current 38 -foot front -yard setback requirement for the subject property is established on Districting Map No. 24. Minimum front -yard setbacks range from 8 feet to 39 feet on Serenade Terrace. The applicant's request is that a new, 16 -foot front -yard setback be established. Refer to Attachment No. CC 2 for the project plans approved by the Homeowner's Association. Refer to Attachment No. CC 3 for the Districting Map No. 24 Exhibit showing the proposed setback. Background: Irvine Terrace was one of the City's first subdivisions and planned communities. A staggered setback concept was approved with the original tract map in an agreement between the City and Irvine Company. A condition of approval required that variances would be needed to establish setbacks at a later date and be reflected on Districting Map No. 24. In 1953 and 1954, the City Council approved several variances to stagger the front -yard setbacks in Irvine Terrace. The findings for the approval state that the staggered setbacks were consistent with the existing development under construction and offered an "architecturally practical" and "interesting tract layout ". In subsequent years, the City approved numerous modification permits in Irvine Terrace to allow buildings to encroach into the required front -yard setbacks, including nine on Serenade Terrace and a few others throughout the Irvine Terrace neighborhood. D'Ambrosia Residence June 22, 2010 Page 4 DISCUSSION: Analysis Neighborhood Character Irvine Terrace was once characterized by the extreme variation in front -yard setbacks. Modification permit approvals changed the visual character of Serenade Terrace by allowing the garages to encroach into the front -yard setbacks; the habitable portions of the dwelling remained farther from the street. This started a new trend whereby the setback variation is provided on a single lot rather than between each two adjoining lots. Prior to 2004, property owners in Irvine Terrace were granted modification permits allowing encroachment in front -yard setbacks. In 2004, a "practical difficulty associated with the lot" finding was introduced for modification permits. This finding cannot be made for the subject property, or for most Irvine Terrace lots, as there are not any development constraints on the property that would preclude development within the buildable area. The only option available is a code amendment to change front -yard setback for this property on the districting map. The Home Owners Association (HOA) has reviewed the applicant's request and has granted preliminary approval to the conceptual plans with a 16 -foot setback. The applicant has gathered signatures from all the home owners on Serenade Terrace in support of the application. (Refer to Attachment CC. 4 for HOA letter and neighborhood signatures). The subject property has a 38 -foot front -yard setback, which is one of the largest on the street. The front -yard setbacks on the adjacent properties are 18 feet and 20 feet. The approval of the proposed 16 -foot front -yard setback would reduce the extreme setback variations between properties. Planning Commission Action On May 20, 2010, the Planning Commission unanimously voted (7 ayes) to recommend approval of the proposed project to the City Council. (Refer to Attachment CC 5 for the Planning Commission staff report) 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). The project involves a change in setback established on a Districting Map, which is consistent with this exemption. D'Ambrosia Residence June 22, 2010 Page 5 Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property, and posted at the site a minimum of ten days in advance of this hearing, consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Russell Bunim, Assistant Planner Submitted by: s � � David Lepo, Planni irector Attachments: CC1 — City Council Ordinance CC2 — Project Plans approved by the Homeowner's Association CC3 — Districting Map No. 24 Exhibit CC4 — HOA Letter and Neighborhood Signatures CC5 — Planning Commission Staff Report Attachment No. CC 1 City Council Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. CA2010 -002 TO REVISE DISTRICTING MAP NO. 24 TO ESTABLISH A 16 -FOOT FRONT -YARD SETBACK FOR A PROPERTY LOCATED AT 1500 SERENADE TERRACE (PA2010 -017) WHEREAS, an application was filed by Mark D'Ambrosia, the owner of the property located at 1500 Serenade Terrace, and legally described as Lot 36 of Tract 1701, requesting approval of a Code Amendment; and WHEREAS, the applicant is requesting a Code Amendment to change a front - yard setback established on Districting Map No. 24 from 38 feet to 16 feet; and WHEREAS, on May 20, 2010, the Planning Commission conducted a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, 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; and WHEREAS, at the May 20, 2010, public hearing, the Planning Commission received public comments and unanimously (7 ayes) recommended approval of the proposed Code Amendment; and WHEREAS, a public hearing was held by the Newport Beach City Council on June 22, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Municipal Code and State Law. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, the subject property is located within the Single - Family Residential (R- 1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D); and WHEREAS, the subject property is located within the coastal zone and is subject to the categorical exclusion order (CEO). The Coastal Land Use Plan category is Single -Unit Residential Detached (RSD -A). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Districting Map shall be amended as provided in Exhibit "A ", with all other provisions of the existing Districting Map remaining unchanged. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on June 22, 2010, and adopted on July 6, 2010, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: Exhibit "A" CODE AMENDMENT NO.CA2010 -002 DISTRICTING MAP NO. 24 EXHIBIT - A SEE D ISTRICT /ND MAP NO. 49 SEE DISTR ACT /NB MdP W. 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[eJ Uy YM'wYTS /dHK >O.TO/ 9 -SG -LL RL, 2 -2Tt7i DISTRICTING MAP NEW PORT BEACH CALIFORNIA -- AGRICULTURAL RESIDENTIAL C$� REST'D M TIPLE FAMILY RESIDENTIAL R -I SINGLE FAMILY RESIDENTIAL 0-I LIGHT COMMERCIAL R -2 DUPLEX RESIDENTIAL C -2 -2 GENERAL COMMERCIAL SCALE C• FEET FR MULTIPLE FAMILY RESIDENTIAL MANUFACTURING 0 mo 400 400 coo - - COMBINING DISTRICTS © UNCLASSIFIED ORD. NO, 635 MAP N0. Zd+ FRONT YARD DEPTH IN FEET SHOWN THUS: —10— VAR. DR MD. Na SHOWN THUS: 17R DR,,. 26 lam Attachment No. CC 2 Project Plans Approved by the Homeowner's Association I BI R AN MGMEEAS RISK CERTIFICATION MUST BE BINARIES FOLLOWING TIMES: A. PRIOR TO CONCRETE 5U0DUKE POOREST 9. TGPOFPAAMETTIRI S CEATRCAMNTFUSTRE APPROVED BY OUR OFFICE NBOA TO ROOMED PAROPOsto RESIRENCEti SITE PLAN 3 I I UI W ti Q W W 0 a DES N LOTGUEMGE IBM% ��� owNER TAMMY TO OPWRDTERRACE r E 11. 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FRRMT REAR ELEVATION KEYNOTES- EEESATIONS ❑� v � � R N rL"9� ❑ .� n. ❑ �., o m C"L� SENERAENOTES -1IESIITONS MAT ERIALL SPECIFICATICMS EIITERIOR PIASTER �n ��Cn�.m.nmrp, .maw mem"emm �nwwaru°ua AO WINDOWS im ®I�ltr Fty4u � C YI! ADC o � Ir flTD 2 W BURT- OPfloonme �wz omrWR..m�wam _ � .ro•rw. pp wiwr.M mo�4ywNw*dwn +l ° �� g� E wm.ivi% -Wt mr.0 bm4r.lp lwe yyry. MAN= ®yyp� q YY 1mII p ¢vw�.y�pp wOYS �.uP�••w' .w.w WIRRDEDCOR PRECASTCOMCRETE re ideme ...ywarmmn•e.oyaai.[ww� Ay3 SECTION A SECTION B SECTION C SECTION B xnxmES•sECnaxs O� oxu,w,nmw m on w� sMmuxmes- SECnsxs xl 'e W y� TMp��yY��..yy. fM WM TO V1l�W/. em lmmkv .Mu.o a o� w° N 0 N O A-4 SECTION E SECTION F KEY WES- SECTIONS ate. o� IEMENNINIM94EMINS NM TO arAW &M Ml III •, �� ��roetcwew,w:n I I�I�� +un ■ I �I SECTION E SECTION F KEY WES- SECTIONS ate. o� IEMENNINIM94EMINS NM TO arAW &M Ml Attachment No. CC 3 Districting Map No. 24 Exhibit 69 51 Pk r4 38 a F 1 G ; r i -R'PQ4 y C'�ORHI" U �,pE WOE TERRACE TERRACE TERRACE PA2010 -017 CA2010 -022 - Code Amendment Districting Map # 24 - Change Front Yard Setback from 38 Feet to 16 Feet for Property Located at 1500 Serenade Terrace I\- 0 8s s� a�4 .n ZE_a 7/ 70 9 ZZ t Z / 20 NF.... ......... Attachment No. CC 4 Homeowner's Association Approval Letter and Neighborhood Signatures IRVINE TERRACE COMMUNITY ASSOCIATION C/O Merit Property Management - Orange County 1 Polaris Way Ste 100 Aliso Viejo, CA 92656 -1751 Ph: 949 -448 -6000 Fax: 949 -448 -6400 Wednesday, April 21, 2010 ROBERT M. DAMBROSIA / TARA DAMBROSIA 1500 SERENADE TER CORONA DEL MAR CA 92625 RE: Custom Home and Major Landscape - APPROVED Dear ROBERT M. DAMBROSIA / TARA DAMBROSIA: I m TPNL FYL TERRACE Thank you for resubmitting your plans to the Irvine Terrace Architectural Committee. The Architectural Committee has granted preliminary approval to the plans in concept. Please forwarded two (2) copies of the revised plans to our office to be stamped. Also, a new signed Neighbor Awareness form is required from the adjacent properties at 1506 and 1442 Serenade Terrace because the front yard setback has been changed to 168. As a reminder, you must abide by the guidelines (enclosed) as part of your approval. We encourage you to work with your neighbors and contractors during this period to insure that the construction process moves smoothly and with little disruption to the neighborhood. We live in a small, close community where there are a number of younger children and older adults. Please make sure your contractors operate in a safe manner and respect the neighborhood. Should you have any questions, please contact Melissa Badamain 949 -448 -6113 or by email mbadamain@>critpm.com. Thank you for your patience and cooperation. Sincerely, Melissa Badamam Associate Community Manager April 29, 2010 Re: D'Ambrosia request to change setback from 38 feet to 16 feet To Newport Beach Planning Commission, I have reviewed the plans for Matt and Tara D'Ambrosia new home construction at 1500 Serenade Terrace.. I am also aware and in full support of their request to a permanent code change in the setback of their property from 38 feet to their requested 16 feet. It is important for the continued improvement of our neighborhood, both in appearance and financially, to allow for reasonable changes in setbacks from the street. A 16 feet setback is viewed as a reasonable request. There are no negative impacts to our community with this request. Please grant the request for the change to 16 feet. Residents of Serenade Terrace Name: RoRA O Fv ! r 1 Address: Name: Address: l,�y 02 x NameCJ�(, Address:�L/ f � (X ., ,Zy Ac c.. ZzYt 44 .J— Address: L. Name: SAPtc" 74 �, Address ISO 6ek',�hiyl� cel is Name: l ee e l& Address:�� X Name: Address: '1 "7 X L Name �`GG' ��loYl3 Address: x I Name. Address: Name: 1A C �I LC— C. s O G✓ Address: 15 1 SG- 2t- I�(✓d /]r- 1'G- 2 z -tom Name:. Address: X � r Name: 4 L �T� l t o L\ L� J Address: 1 y z l 5-,;:- rya - \ �-- Name :�s Address: xOJZU J Name: �/ TJ ��Kcly ✓✓ 1 XY7 Address: x lit ' Y Name: 1� � (� �� vvbv Address: X.-.. g! 4- , Name: .0 ts _- Address: x, Name:rDb,.lAL,,> Pv{o L) L Address: 153-1 SE2E*�A7� CIZ(LpCE Name: Address: x- �-�` Ll Name: �'�ESSr>tJ°1f=� /M cy 4,11 Address:�sp /�/L17��y�L�� Name: 45FlGJpj�/� Address: Name: Aced )l X17 Address: 15J-0 X Name: Cj x,7 C cN lL 1 Address: (f - - M, Name: 4aA �y Address: V5 •r� Z Name: Address: i Name: �,.;/ � ���✓� ^(= -�1 Address: /�— Name: � N\ . J(z, Address: X��\ V l Name: Address: X Name: Address: X Name: Address: X Name: Address: x Name: Address: X Names Address: X Attachment No. CC 5 Planning Commission Staff Report CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 22, 2010 Agenda Item No. 2 SUBJECT: D'Ambrosia Residence (PA2010 -017) 1500 Serenade Terrace ■ Code Amendment No. CA2010 -002 APPLICANT: Mark Teale, Architect PLANNER: Russell Bunim, Assistant Planner (949) 644 -3233, rbunim @newportbeachca.gov PROJECT SUMMARY The application consists of a code amendment to change a front -yard setback established on Districting Map No. 24 from 38 feet to 20 feet. 1) Conduct a public hearing; and 2) Establish a setback requirement for the subject lot and adopt Resolution No. recommending City Council adoption of Code Amendment No. CA2010 -002 (Attachment No. PC1) to revise Districting Map No. 24; or 3) Deny the code amendment. D'Ambrosia Residence April, 22, 2010 Page 2 LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Single-Unit Residential Detached Detach Single - Family Residential (R -1) Single -unit residential detached NORTH RS -D R -1 Sin le -unit residential detached SOUTH VS —D R -1 Single-unit residential detached EAST RS -D R -1 Sin le -unit residential detached WEST RS -D R -1 Single-unit residential detached D'Ambrosia Residence April, 22, 2010 Page 3 INTRODUCTION Proiect Setting The subject property is located in the Irvine Terrace neighborhood on the northerly side of Serenade Terrace between Dolphin Terrace and Ramona Drive. The topography in the Irvine Terrace neighborhood slopes downward from East Coast Highway to Bayside Drive. Proiect Description The current 38 -foot front -yard setback requirement for the subject property is established on Districting Map No. 24. Minimum front -yard setbacks range from 8 feet to 39 feet on Serenade Terrace. The applicant requests that a new, 20 -foot front -yard setback be established. Refer to Attachment No. PC 2 for the project plans approved by the Homeowner's Association. Refer to Attachment No. PC 3 for the Districting Map No. 24 Exhibit showing the proposed setback. Background Irvine Terrace was one of the City's first subdivisions and planned communities. A staggered setback concept was approved with the original tract map in an agreement between the Planning Commission and Irvine Company. A condition of approval required that variances would be needed to establish setbacks at a later date and be reflected on Districting Map No. 24. In 1953 and 1954, the City Council approved several variances to stagger the front -yard setbacks in Irvine Terrace. The findings for the approval state that the staggered setbacks were consistent with the existing development under construction and offered an "architecturally practical" and "interesting tract layout ". In subsequent years, the City approved numerous modification permits in Irvine Terrace to allow buildings to encroach into the required front -yard setbacks, including nine on Serenade Terrace and a few others throughout the Irvine Terrace neighborhood. Refer to Attachment No. PC 4 for an exhibit of discretionary approvals on Serenade Terrace. D'Ambrosia Residence April, 22, 2010 Page 4 DISCUSSION Analysis Modification permit approvals have changed the visual character of the streetscape on Serenade Terrace, which once included a variety of building setback distances from the street. Now the street is characterized by front building walls at equal distances from the street on adjacent and nearby properties. This is the first time an applicant has proposed to amend the code required front -yard setback in Irvine Terrace rather than applying for a modification permit. In 2004, a "practical difficulty associated with the lot" finding was introduced for modification permits that would now be difficult to make in Irvine Terrace. The subject property has a 38 -foot front -yard setback, which is one of the largest on the street. The front -yard setbacks on the adjacent parcels are 18 feet and 20 feet. The approval of the proposed 20 -foot front -yard setback would align the front building walls on all three properties. (Refer to Attachment No. PC 5 for oblique aerial photos) The subject property and two other properties (1424' and 1518 Serenade Terrace) are the only large setbacks remaining on Serenade Terrace. The Planning Commission should determine whether or not the visual character of the streetscape, as originally defined by varied setbacks, warrants retention of setbacks shown on the districting maps for Irvine Terrace. The Home Owners Association (HOA) has reviewed the applicant's request and does not object to the proposed 20 -foot front -yard setback. However, the letter from the HOA states that the HOA will defer to the City of Newport Beach and will accept any decision made by the Planning Commission for the front -yard setback requirement. (Refer to Attachment No. PC 6 for HOA letter) Conclusion The Planning Commission has two options for taking action: 1. Recommend a revised front -yard setback to the City Council for approval. 2. Deny the code amendment. Staff is seeking direction from the Planning Commission as this code amendment could set a precedent for amending front -yard setback requirements in Irvine Terrace. ' 1424 Serenade Terrace was approved for a 12 -foot setback, but the project was never constructed. The dwelling at that property remained at the 31 -foot setback requirement. D'Ambrosia Residence April, 22, 2010 Page 5 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). The project involves a change in setback established on a Districting Map, which is consistent with this exemption. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property, and posted at the site a minimum of ten days in advance of this hearing, consistent with the Municipal Cade. Additionally; the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Russell Bun , Assistant Planner ATTACHMENTS Submitted by David Lepo, Piann- 1r ce or PC 1 Draft Resolution with Findings and Conditions. PC 2 Project plans approved by HOA PC 3 Districting Map Exhibits PC 4 Prior Approvals on Serenade 'Terrace PC 5 Oblique Aerial Photos PC 6 HOA Letter PC 7 Emails for Public Record