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HomeMy WebLinkAbout1948 - STAFF APPROVAL FOR ALTERNATIVE SETBACK AREAS. THE REQUEST IS TO REDUCE THE FRONT SETBACK AREA ABUTTING 11TH STREET FROM 20 FEET TO 3 FEET, THE REAR SETBACK AREA ABUTTING 1045 WEST BALBOA BOULEVARD FR - 108 11th StRESOLUTION NO. 1948 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING STAFF APPROVAL NO. SA2014 -011 FOR AN ALTERNATIVE SETBACK DETERMINATION LOCATED AT 108 11TH STREET (PA2014- 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 Michael and Betty Terry, Property Owners, with respect to property located at 108 11th Street, and legally described as the southerly 50 feet of Lot 11 of Block 10 in Tract No. 234 requesting a staff approval for an alternative setback determination. 2. The applicant proposes alternative setback areas due to the existing orientation of the lot and development limitations created by the code required setback areas. The request is to reduce the front setback area abutting 11th Street from 20 feet to 3 feet, the rear setback area abutting 1045 West Balboa Boulevard from 10 feet to 3 feet, and the side setback area abutting the alley from 4 feet to 0 feet. The applicant would maintain the 4 -foot side setback area abutting 1051 West Balboa Boulevard. In addition, the request includes reorientation of the third floor setbacks. 3. The subject property is located within the Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element category is Two -Unit Residential (RT). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two -Unit Residential (RT -D). 5. Zoning Code Section 20.30.110.0 (Alternative Setback Area Location) allows the Community Development Director to redefine the location of setback areas in cases where the orientation of an existing lot and the application of the setback areas are not consistent with the character or general orientation of other lots in the vicinity. To ensure surrounding property owners are notified, the Community Development Director referred this request to the Planning Commission for consideration and final action. 6. A public hearing was held on June 19, 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. Planning Commission Resolution No. 1948 Paae 2 of 3 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations). 2. Class 5 exempts minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density. The proposed project will alter the required setbacks, but will not result in any physical change to the lot or existing structure, or any changes in land use or density. SECTION 3. FINDINGS. 1. The Municipal Code does not establish required findings for a review of a staff approval for an alternative setback determination. The setback areas requested were reviewed for consistency with lots in the vicinity based on an application of standard setback areas, the resulting floor area ratio (FAR), and other development standards. 2. The application of standard Two -Unit Residential (R -2) setback areas does not feasibly allow for development on the lot and results in an FAR substantially lower than other lots in the vicinity and in the R -2 Zoning District. 3. The application of alternative setbacks will allow development on the property that is consistent with neighboring properties. 4. The applicant proposes to reduce the 20 -foot front setback area to 3 feet, the rear setback area from 10 feet to 3 feet, the alley side setback area from 4 feet to 0 feet, and will maintain the 4 -foot side setback area at the northerly property line. 5. The proposed 3 -foot setback areas at the front and rear, and the proposed 0 -foot setback at the alley would be the standard setback area requirement if the subject property was oriented consistent with surrounding properties. In addition, the 20 -foot wide alley provides adequate area for vehicle maneuvering to accommodate a 0 -foot alley setback area. 6. The reorientation of third floor area setbacks will allow for development of a third story. The request is to allow the enclosed square footage on the third floor be setback a minimum of 2 feet from the proposed front and rear setback lines, and 15 feet from each of the proposed side setback lines which would be the standard code requirement had the subject property been oriented consistent with the typical lots on the block. 7. The alternative setback areas and reoriented third floor setbacks will not be detrimental to the neighborhood, but will provide adequate access to and around a future dwelling unit, adequate access to natural light and ventilation, adequate Planning Commission Resolution No. 1948 Page 3 of 3 separation from abutting properties, and will provide space for privacy and landscaping. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Staff Approval No. SA2014 -011, subject to the setbacks set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted 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 19TH DAY OF JUNE, 2014. AYES: AMERI, BROWN, HILLGREN, KRAMER, LAWLER, MYERS, AND TUCKER NOES: NONE ABSTAIN: NONE ABSENT: NONE M M