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HomeMy WebLinkAbout1791 - APPROVE VA, MD, AND UP_309 LINDO AVENUERESOLUTION NO. 1791 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING VARIANCE NO. VA2009 -001, MODIFICATION PERMIT NO. MD2009 -021, AND USE PERMIT NO. UP2009 -029 TO ACCOMMODATE CONSTRUCTION OF A SINGLE -UNIT DWELLING THAT WOULD EXCEED THE FLOOR AREA LIMIT, NOT PROVIDE THE REQUIRED OPEN SPACE, ENCROACH INTO THE SIDE YARD SETBACK, ENCROACH INTO THE FRONT YARD SETBACK, AND EXCEED THE HEIGHT LIMIT. THE SUBJECT PROPERTY IS 309 LINDO AVENUE (PA2009 -070). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Irwin & Clarann Goldring, with respect to property located at 309 Lindo Avenue, and legally described as Lot 135, Block A East Newport, requesting approval of a variance, modification permit, and use permit. 2. The applicant proposes to construct a new single -unit dwelling that would exceed the floor area limit by approximately 237 square feet, would not provide the required open space, would encroach ten inches into the required three -foot side yard setback, would encroach one foot into the required ten -foot front yard setback, and would exceed the height limit at the midpoint of a pitched roof by three feet. 3. 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). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Medium Density Residential (RM -A). 5. A public hearing was held on September 17, 2009, 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. 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 3 (New Construction or Conversion of Small Structures). Planning Commission. Resolution No. 1791 Pape 2 of 8 2. This exemption includes t he construction of limited numbers of new, small structures such as the proposed single -unit residence. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.91.035, Section 20.93.030, and Section 20.65.055 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Variance — Floor area limit and open space Finding: A. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Facts in Support of Finding: A -1. The lot is irregular in shape because it tapers towards the rear of the lot. The width of the lot at the front property line is approximately 30 feet and the width of the lot at the rear property line is approximately 16 feet. The narrow width and irregular shape of the lot reduces the buildable area and constrains the design of the structure. Finding: B. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Finding: B -1. A single -unit dwelling located on the subject property would be limited to approximately 1,873 square feet in area based on the maximum floor area limit in the Zoning Code. The floor area limit is approximately 766 square feet less than what other properties in the area are permitted by right. Granting the Variance would provide parity with property rights enjoyed by owners of property under the identical zoning classifications in the same community. B -2. The application of standard setbacks to the irregularly- shaped subject lot results in a disproportionately reduced buildable area and floor area limit compared with rectangular lots in the surrounding area. The buildable area of the subject lot is 71 percent of the buildable area of typical lots on the block. The floor area ratio for the subject lot is 1.137 compared with 1.257 for other lots on the block. Strict application of the Zoning Code would deprive the applicant of property rights to develop a single -unit dwelling with a reasonable amount of square footage that is enjoyed by owners of other lots within the Planning Commission Resolution No. 1791 Paae 3 of 8 R -1 District. The property rights of the applicant would be preserved if a floor area ratio of 1.257 were applied to the subject lot. Finding: C. That the granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitation on other properties in the vicinity and in the same zoning district. Facts in Support of Finding: C -1. The unique size and shape of the subject property warrants a deviation from the Zoning Code requirements to retain parity with other properties in the vicinity. C -2. Most properties in the vicinity are able to accommodate a two -car garage in the rear of the property adjacent to the alley. C -3. The design proposed for the single -unit dwelling is consistent with other single -unit dwellings that comply with development regulations in the immediate vicinity and throughout the neighborhoods of the Balboa Peninsula. The proposed floor area of approximately 2,110 square feet results in a comparable floor area ratio (1.28) to what is allowed in the vicinity and places the property in parity with the properties in the neighborhood. Finding: D. That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. Facts in Support of Finding: D -1. The property is designated for single -unit residential use and the granting of the Variance would not increase the density of the lot, thereby avoiding additional traffic, parking, or demand for other services. Granting the request will not be detrimental to the surrounding neighborhood as it is consistent with the size and intensity of other, single -unit residential properties in the area. Modification Permit — Side yard and front yard setback encroachments Finding: E. In accordance with the provisions of Chapter 20.93, the granting of this application is necessary due to practical difficulties associated with the property. The strict application Planning Commission Resolution No. 1791 Page 4 of 8 of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: E -1. The lot is irregular in shape because it tapers towards the rear of the lot. At the rear yard setback line, the buildable width of the lot is approximately 11 feet. E -2. The Zoning Code requires two off - street parking spaces that must meet minimum clear interior dimensions to ensure adequate access for vehicles. Due to the lot size and shape constraints, tandem parking is the only feasible option. The tandem garage occupies over half of the first floor area. E -3. Due to the shape of the lot and the placement of the garage, the first floor does not have a reasonable amount of usable space. Finding: F. In accordance with the provisions of Chapter 20.93, the requested modification will be compatible with existing development(s) in the neighborhood. Facts in Support of Finding: F -1. Properties to the south of the subject property and properties on nearby streets have a nine -foot front yard setback requirement, which is consistent with the setback encroachment requested for the subject property. F -2. Other structures built on irregularly- shaped lots in the neighborhood encroach into side yard setbacks. Finding: G. In accordance with the provisions of Chapter 20.93, granting of this Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. Facts in Support of Finding: G -1. The existing dwelling encroaches into the required setbacks, and has not proven to be detrimental. G -2. Several properties in the neighborhood have a nine -foot front yard setback requirement. G -3. The encroachment into the side yard setback is only for the tandem garage. Planning Commission Resolution No. 1791 Page 5 of 8 Use Permit — Height Finding: H. The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot, percentage of ground cover, and the treatment of all setback and open areas. Facts in Support of Finding: H -1. The ridge of the roof does not exceed 28 feet 6 inches; therefore, the visual open space and views are greater than they would be with a ridge at 29 feet. The third floor roof ridge is approximately 26 feet in length, which is less bulky than a third floor would be if it extended from the front yard setback line to the rear yard setback line. Finding: 1. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. Facts in Support of Finding: 1 -1. The increased height of the midpoint of the roof provides additional interior headroom on the third floor, which is a more desirable architectural treatment of the building. Finding: J. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. Facts in Support of Finding: J -1. The maximum height allowed for the ridge of a pitched roof is 29 feet. The proposed construction will not exceed this limitation at the ridge. Therefore, the increased midpoint height does not create an abrupt scale relationship with adjacent structures. J -2. The roof pitch is similar to other structures in the neighborhood. Finding: K. The structure shall have no more floor area than could have been achieved without the use permit. Planning Commission Resolution No. 1791 Paae 6 of 8 Facts in Support of Finding: K -1. The increased height does not result in additional floor area, it merely allows for increased ceiling height on the third floor. Any additional floor area for the subject property is achieved through the approval of the Variance. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Variance No. VA2009 -001, Modification Permit No. MD2009 -021, and Use Pen-nit No. UP2009 -029, subject to the conditions set forth in Exhibit A. 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 17'h DAY OF SEPTEMBER, 2009. AYES: Unsworth, Peotter, Hawkins, Toerge and Hillgren NOES: Eaton ABSTAIN: None ABSENT: McDaniel BY ROert C. Hawkins, Chairman n BY: c 1J. L� Charles Unsworth, Secretary Planning Commission Resolution No. 1791 Paqe 7 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL (Project - specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations, except as modified by applicable conditions of approval. 2. The maximum floor area allowed for this site is 2,110 square feet. 3. The maximum height for the ridge of the roof shall be 28 feet 6 inches and the maximum height for the roof midpoints shall be 27 feet, measured from 8.67 NAVD. 4. The structure may encroach a maximum of one foot into the required ten -foot front yard setback. 5. The structure may encroach ten inches into the required three -foot side yard setback at the first floor tandem garage only. 6. Prior to issuance of building permits, the applicant shall obtain approval from the California Coastal Commission. 7. 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 Department. 8. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 9. 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 and Modification Permit. 10. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 11. This approval may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 12. Should the property be sold or otherwise come under different ownership, any future Planning Commission Resolution No. 1791 Page 8 of 8 owners or assignees shall be notified of the conditions of this approval by either the current property owner or the leasing agent. 13. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise- generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. PUBLIC WORKS 10. All existing overhead utilities shall be undergrounded. 11. Lindo Avenue is part of the City's Moratorium List. Work performed on said roadways will require additional surfacing requirements. Refer to City Standard 105 -L -F. 12. An encroachment permit is required for all work activities within the public right -of -way. 13. All improvements shall comply with the City's sight distance requirement. Refer to City Standard 110 -L. 14. All on -site drainage shall comply with the latest City Water Quality requirements. 15. No above ground improvements shall be permitted within rear yard alley setback, unless otherwise approved by the Public Works and Planning Departments. 16. If any public improvements surrounding the development are damaged, additional reconstruction within the public right -of -way may be required at the discretion of the Public Works Inspector.