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HomeMy WebLinkAbout1972 - ALTERNATIVE SETBACK DETERMINATION - 706 Park Ave RESOLUTION NO. 1972 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING STAFF APPROVAL NO. SA2014-028 FOR AN ALTERNATIVE SETBACK DETERMINATION LOCATED AT 706 PARK AVENUE (PA2014-195) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sally Peterson, property owner, with respect to property located at 706 Park Avenue, and legally described as the east one-half of Lots 17 and 18 in Block 10, of Section 2, Balboa Island, 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 proposal is to reduce the front setback area abutting Park Avenue from 20 feet to 5 feet, the rear setback area abutting 204 Ruby Avenue from 10 feet to 4 feet, and the side setback area abutting 200/202 Ruby from 4 feet to 3 feet. The side setback area abutting the alley would increase from 4 feet to 5 feet. 3. The subject property is located within the Balboa Island (R-BI) 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-E). 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 March 5, 2015, 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. 1972 Page 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. REQUIRED 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 Balboa Island (R-BI) setback areas limit development on the lot and result in an FAR substantially lower than other lots in the vicinity and in the R-BI 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 5 feet, the 10-foot rear setback area to 4 feet, and the 4-foot side setback area abutting 200/202 Ruby to 3 feet. The applicant would increase the required 4-foot side setback area abutting the alley to 5 feet. 5. The proposed 4-foot setback area at the rear would be the standard side setback area requirement had the subject property remained consistent in orientation with lots on the block and in the surrounding area. In addition, the proposed 5-foot front setback area will allow for the development of a single-unit or two-unit dwelling on the property that is within the range of sizes at nearby lots and provides a reasonable setback from Park Avenue. The 3-foot side setback area and 5-foot alley side setback area will provide consistency with lots on the block and in the surrounding area. 6. Accessory structures (eg. fences, hedges, walls) within the alley side setback area shall maintain two feet to the property line for the purpose of maintaining adequate vehicle maneuverability through the 10-foot wide alley. Approximately, 8 feet of clearance is currently provided between an existing power pole in the alley and the subject property's side lot line. If the existing power pole is removed and or relocated such that 10 feet of clearance is provided through the alley, the above referenced limitation would no longer apply. 07-22-2014 Planning Commission Resolution No. 1972 Page 3 of 3 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Staff Approval No. SA2014-028, 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 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 5T" DAY OF MARCH, 2015. AYES: BROWN, HILLGREN, KOETTING, KRAMER, LAWLER, MYERS, AND TUCKER NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chairman � BY: 5 U ®' ay yer , Sli6cretary 07-22-2014