Loading...
HomeMy WebLinkAboutIsla Vista Homes - PA2004-123CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 6 November 2, 2006 TO: PLANNING COMMISSION FROM: Brandon Nichols, Assistant Planner (949) 644 -3234, bnichols @city.newport- beach.ca.us SUBJECT: Isla Vista Homes (PA2004 -123) General Plan Amendment No. 2004 -002 Code Amendment No. 2004 -007 Newport Beach Tract Map No. 2005 -001 Modification Permit No. 2006 -087 Mitigated Negative Declaration APPLICANT: Monrovia Avenue LLC REQUEST Request for a general plan amendment, code amendment, tract map and modification permit to allow the construction of a residential development consisting of 44 detached condominium units on an industrial site located at 1499 and 1515 Monrovia Avenue. Entitlement of the project involves the following discretionary applications for consideration by the City: • General Plan Amendment To change the current general plan land use designation from General Industrial to Multi - Family Residential. • Zone Code Amendment To change the current zoning designation of the property from Light Industrial (M -1 -A) to Multi - Family Residential (MFR). • Tract Map Tentative Tract Map for condominium purposes creating 44 airspace condominium units for individual sale. The map will also dedicate a portion of the lot to the City for the future extension of 15th Street. • Modification Permit To allow structural encroachments into front and side yard setbacks, decrease the required distance between detached buildings and allow the construction of over- height walls within front, side and rear yard setback areas. Isla Vista Homes November 2, 2006 Page 3 RECOMMENDATION Staff recommends that the Planning Commission review the proposed project and provide feedback regarding the subdivision layout proposed deviations from development standards (modification permits). DISCUSSION Proiect Site The project site is 3.25 acres and is generally located along the west side of Monrovia Avenue at the current termination of 15th Street (see vicinity map). The triangular site is flat and currently developed with an office building, two vacant homes and a marine storage facility. Adjacent uses surrounding the property include office and light industrial to the north, a mobile home park to the east and multi - family residential to the southeast and southwest. To the west is a large vacant parcel within the Banning Ranch Planned Community. Office or light industrial uses are allowed on the property. The project site also contains an abandoned portion of the 15th Street right -of- way that was added to the Circulation Element's Master Plan of Streets and Highways after it was abandoned. If the project is approved the City will require dedication a 104 foot wide right -of -way to accommodate the future extension of 15th Street as required by the Circulation Element. Proiect Description The applicant proposes to construct 44 detached residential units in four different floor plans for individual sale (see plans attached as Exhibit 1). The extension of the 15th street right -of -way divides the building site into two separate parcels. The northern parcel is 2.03 acres with 34 units for a density of 17 units an acre (rounding up). The southern parcel is .71 acres with 10 units for a density of 15 units an acre (rounding up). The project satisfies the parking requirement for the requested MFR zoning with a total of 110 parking spaces provided on site. Each unit has an attached two -car garage providing direct entry to the unit. All garages are accessed via private alleys (alley loaded). Consistent with the proposed MFR zoning, the project also provides an additional Y2 space per unit for guest parking. The guest spaces are dispersed throughout both parcels with 17 spaces allocated to the 34 units on the north parcel (34 units x .5 spaces /unit = 17) and 5 allocated to the 10 units on the south parcel (10 units x .5 spaces /unit = 5). In total the project provides 88 enclosed garage spaces and 22 uncovered guest spaces. Vehicular access to the property will be provided via three separate driveways along Monrovia Avenue. The northern most driveway will access the northern 5 Isla Vista Homes November 2, 2006 Page 4 parcel containing units 1 -34. The remaining two driveways will access the southern parcel containing units 35 -44. Prior to the extension of 15th Street, the north parcel will be allocated an additional gated access drive for Fire Department use only. As stated, the City's Circulation element calls for an extension of 15th Street to provide access to future development at the Banning Ranch property to the west of the project site. As a condition of approval of the tract map, the City is requiring an irrevocable offer of dedication (IOD) of approximately .51 acres of the site to accommodate the proposed 104 foot right -of -way. The proposed project would be developed as if the future 15th Street extension exists. At full build -out of the project, all existing structures on the site will be demolished. However, due to leasing constraints, the existing office building will remain on the site for an undetermined amount of time. This will require the project to be built in two phases and under two separate final tract maps. Each respective phase will be built on one of the two parcels created by the right -of- way dedication. The parcel to the north of the right -of -way will be developed first and will contain 34 of the 44 total units. The parcel to the south will contain the remaining 10 units and would be developed upon expiration of the lease for the office building. Street improvements for VP Street will not be constructed until deemed necessary for access to Banning Ranch due to development of that property. General Plan The project is located within Statistical Area A2. The current Land Use designation for the property is General Industry. Surrounding land uses include Multi - Family residential, a Mobile Home Park, and office and light industrial. The applicant is proposing to change this designation to Multi - Family residential. This designation is intended for multiple -unit development on a single lot and allows for condominium or single - family development. The proposed change will be compatible with existing development. It should also be noted that this area is designated for Multi - Family use by the proposed 2006 Land Use Element approved by the City Council. Should Measure V be approved by the electorate in November of this year, the land use designation for the property will become Multiple Residential, 18 units an acre. The designation is intended for "mufti- family residential development containing attached or detached dwelling units." The proposed project and density are therefore consistent with the proposed 2006 Land Use Element. Additionally, if Measure V is approved by the electorate, the project will be consistent with the General Plan and will no longer require a general plan amendment. Isla Vista Homes November 2, 2006 Page 5 Zoning The requested zoning designation for the site is Multi-Family Residential (MFR). Per section 20.10 Residential Districts, the MFR designation "provides areas for single-family, two-family and multiple-family residential land uses. The project is consistent with the allowable uses for the requested zone code designation. Each parcel of the development is considered an independent building site for the purpose of determining development standards. The tables below summarize the Code-required development standards for each building site and the project's compliance (or non-compliance) with the standards: North Parcel (parcel north of 151h Street Extension) South Parcel (trianaulat parcel south of 15`h Street extension) WRIRA Ulv EMOON�W Ii.i.IIII: 30,737 Lot Areas q. ft.) 5,000 88,387 -Minimum Minimum Site Area per unit (sq. ft) 1,200 2,600 -Distance Between Buildings 10, 7 Height 28' 28' -Maximum Floor Area Limit 1,75 .88 -Maximum Space 6 times buildable exceeds -Open Front (future 15 Street) 20' -Setbacks Front (Monrovia Avenue) 20' 20' Rear Side (Monrovia Avenue) 0; Street) I io 12' (8% of lot width) 1 91 Side abuttin industrial to the north) 18.12' (8% of lot Width) 10' South Parcel (trianaulat parcel south of 15`h Street extension) Requested Modifications To facilitate construction of the project, the applicant is seeking various modifications from MFR development standards. Specifically, the applicant is requesting the following deviations from development standards: 1. Distance Between Buildings According to the MFR Zoning Code, buildings must maintain a separation of 10'. The proposed distance between buildings in the development is 7'. i2 0 , "MOW"AW, hf— ill�lii 5,000 EMOON�W Ii.i.IIII: 30,737 Lot Area (sq. ft.) -Minimum Site Area per unit (sq. ft) 1,200 3,073 -Minimum Between Buildings 10' 7' -Distance Height 28' 28' -Maximum -Maximum Floor Area Limit 1.75 '81 Space 6 times buildable exceeds -Open Setbacks Front (future 15 Street) 20' 20' Side (opposite Monrovia Avenue) 1 6-2- 6'-2- Side (Monrovia Avenue) 16-2" 6-2" Requested Modifications To facilitate construction of the project, the applicant is seeking various modifications from MFR development standards. Specifically, the applicant is requesting the following deviations from development standards: 1. Distance Between Buildings According to the MFR Zoning Code, buildings must maintain a separation of 10'. The proposed distance between buildings in the development is 7'. Isla Vista Homes November 2, 2006 Page 6 2. Setbacks A side yard of 18.12' (based upon lot width) is required for the north parcel of the proposed development. The proposed right side yard is 10' and the left side yard is 17.9'. All other side and rear yard conditions are in accordance with standards. The applicant is also requesting minor encroachments into the front setbacks of both parcels to accommodate the projection of light wells for the below grade areas as required by the Uniform Building Code. 3. Allowable Wall Height In the proposed design the grade of the outdoor patio areas has been raised up around the units by 4.5 — 5 feet. The patios extend into the front, rear and side yard setbacks for many of the units in the development. Based on this condition there will be a 4.5 - 5 foot retaining wall in the setbacks. In the front, rear and most side yards, there will be a 3.5 foot picket fence which encloses the patio and serves as a guardrail above the retaining wall as required by the Uniform Building Code. In the setbacks that run along the northern property line, there will be a 6 -foot fence above the retaining wall to provide privacy and buffer the building from the adjacent industrial building to the north. The total wall height in the setbacks will therefore vary from 8 — 8.5 feet in the front, rear and most side yards. The wall height will vary from 8.5 feet to eleven (11) feet in the side yard adjacent to the industrial property to the north of the development. Maximum allowable wall height in front setbacks is 3 feet. Maximum allowable wall height in side and rear yards is 6 feet. In order to approve a modification request, the following three findings must be made: A. The granting of the application is necessary due to practical difficulties associated with the property and that strict application of the zoning code results in physical hardships that are inconsistent with the purpose and intent of the zoning code. B. The requested modification will be compatible with existing development in the neighborhood. C. The granting of such an application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. In this case, the unique triangular shape of the property creates practical difficulties relative to the siting of structures and impacts the overall subdivision design. The difficulties created by the lot shape are exacerbated by the required dedication of the 15th street right -of -way. The dedication eliminates .5 acres from the buildable area of the lot (approximately 15% of the total lot square footage) R] Isla Vista Homes November 2, 2006 Page 7 and divides the triangular property into two odd shaped parcels (1 triangular and one trapezoidal). Staff believes that it is possible to make the findings to justify the proposed deviations. It is the opinion of staff that the loss of buildable area combined with the design difficulties created by the irregular shape of the two building sites constitutes a practical difficulty for the development. Furthermore, it is staffs belief that the proposed modifications will be compatible with existing development and will not be detrimental or injurious to the surrounding neighborhood. However, it should be noted that the deviations are created or exacerbated by the choice of design and that alternative design choices could reduce or eliminate the need for deviations. The applicant has prepared a summary of their justifications and findings relative to the modification request. This has been attached as Exhibit 2. Environmental Review A Mitigated Negative Declaration (MND) has been prepared by The Planning Center, Inc. for the proposed project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). The MND determined all impacts to be less than significant with the exception of potential impacts related to light and glare, construction air quality, archaeological resources, paleontological resources and disposal of hazardous materials. With the implementation of the suggested mitigation measures, all environmental impacts will be reduced to less than significant levels. The document was initially prepared to evaluate the project relative to a zoning designation of Multiple - Family Residential with a Planned Residential Development overlay. The 30-day review period for the MND was from September 16, 2006 to October 16, 2006. After the end of the review period, the applicant requested removal of the PRD overlay and requested traditional MFR zoning. This removal of the PRD does not affect the size, scope or design of the project in a way that would create additional environmental impacts. Therefore, staff believes that the MND adequately describes the potential impacts of the project and does not require additional recirculation and review of the MND. The MND has been attached as Exhibit 3. SUMMARY Staff would like feedback from the Commission relative to the design of the project and the related modification applications. Staff will then prepare the necessary documents for a recommendation to the City council and present those to the Commission at a future meeting. 0 Prepared by: Submitted by: Isla Vista Homes November 2, 2006 Page 8 Brando ichols, Assistant Planner Patricia L. Temple, Planning Director Exhibits: 1. Project Plans 2. Applicants justification for proposed modifications 3. Mitigated Negative Declaration* ` Distributed separately due to bulk. Document is available for review at the Planning Department. /D e� I 4 e �- Ae Y �.It• �� M1 I.- .l1 km m Jm- N a F F � 0 � N V F oa C I� i I I i 1 I I I i I I 1 , I I � I I I I I N N W N N M Ey N �, C $ C W v V II II II C,ry C'1 C7 II N W U A W ly W ,O, z3ao zzzW aaaa a ¢ U OzzF�w H QaCN N N rn z �"" QaazQ.z7 gaF6 cn O w 6 O U�zF O a p Y �.It• �� M1 I.- .l1 km m Jm- N a F F � 0 � N V F oa C I� i I I i 1 I I I i I I 1 , I I � I I I I I 4 F O Z MERE 4 3I dG) 51 v 5a r J W V y a i o] 1 z `\ z vw � FN � w cc z V v z a a 6 6 Na FV am oil z- 0 V m a 0. 4 ii In. All Oil Oil r'sr ee;lili III Oil •S,u�iST �iiTi n W M rn 'Iri � � § 2 2 � b W/ 2 q. a \ \b I z R �§ Q3 > � k� / § A § \ !\ z §,z §�¢ ^\ q ? . � s m ) I• , . . �| ! k | Qk pill gill kk lit| ,k ! — &� � � _ k |.. � �»�| § § a � $ # ` ■r | � � | � _ §) \.� g Z-6 .e:a . N3 31... e �•� � JNI 'ONLLlO5N0 li I df a' I €��I �a I : a sca 1 t 1 a IffIa..IrarILI�� sca 1 t 699M VINHOAMO'HOV391-N dW3N '3AV VIAOHNOW 9M ONV Ltt1 NOISIM03NS V1SIA VLSI F C` i SAN rd (`,� 'V—c —�• -- =- -- F- \ Lp :�L I � W � fl t '� � ' •r a �: of 1 x I moo ®oho ©�000 6 0 0 b M � O O O q a a WN F U p] Q a A yU 6 W Q Za a a ENE lllflll e k [ F r ma i 4 Ill ll 1J11J1 lf, i h1�N4 YY ,t i 1c y 11 IIII ` X fflflll � k WN F U p] Q a A yU 6 W Q Za r k A K w H U Q V) V) d a c4 w a Q L1 W a w _YR d yR iH � a 3i3 .. a 6 zo F w a $ ___ tLJ In a _YR d yR iH � a 3i3 .. a 6 zo F w a $ WE ko V) 8d V) 4 0 O M. O ct X w. O 0 V) V) N d w x a d aQ z 0 F d > w J .. w F w J z 0 E 6 W J W E z 0 a w my f re �xR - z 0 F 6 > W J w E x U z z 0 E 6 w J w a a w a z o_ F d 9 w .a w d a a e 0 0 0 0 w H d w a aQ C� z 0 H a m .l W F W z 0 F J F z 0 a 4 Z 0 F a w J w F x 0 'a I a C W a A }' � o O F 6 w a w a a b D O O �� 1-➢ II w= O� a m COD 1-➢ II w= O� a m R � N W VI a O O a W F N a w N 1i 00 �+ a 6 qzo F n o W I---, I 2 > I3 IUJ :1 ■ z ra Ns t z 0 F Q w J F w z 0 E Q w w F Z O a w z 0 F 6 w F x a z 0 H 6 7 W J w a 4 w a RRt` ° ji� a l l a6_I aI P z O F-' d w 0 z a w 0 0 o Gh W H I� E"' O Q �a W z 0 H ¢ w a w F w w a z 0 H Q w a w F Z O a w z 0 F Q > w a w F S V u: z 0 F > w a w a Q w a eE as., e s a$?a ca z 0 H W a N z a a. e 0 s ( k/ \ m\ —a >3 � { \ f \ / \ \ | {,J M 2 0 � 4 » w * � � ! a/ � O a z 0 F Q w J w F z 0 F 6 a w F Z 0 a w R �R j(po� iR.°�. w xca o °o zy�� OR Z 0 F Q 7 w J w F z 0 a z 0 H Q > w J w a Q w a U z 0 W W N /4 a a. b O O 3 3 W N d U O V) V) z 0 F 4 w w F w J z 0 F 6 w J W F z 0 x w 5A 1 d FI E �U f a8p�= 3¢a� z 0 F Q W a w F x C7 a z 0 H d > W J w C d W m i] z O w w N z a a 0 0 o c1 �J I I/ �i W U 0 V) �y W P� �Q 0 a w E-' � Ri 3a ee MIN do M 44 RRO.. M .] zF <o a a T�S w - -I ----------- f0 _ --- In � Ri 3a ee MIN do M 44 RRO.. M .] zF <o a a T�S L PF 0 F-4 V) O rx n AI O ip LLo O 5 O a� W �1 N V O C/) V) w a Q' d z 0 F Q > m v w F a .Wa z O F 4 w a u� F z 0 a m z 0 F Q w w F 2 a 2 O F 4 w a w a a m a R �R A lied €J I E-' d w a w z d a 0 0 n o ? (J w E-4 aQ o a w h iJ z 0 F a w J w F W J z 0 F 6 > w J w F z 0 a w R p�G •Y p 5 ]yy of z 0 F a > w w F C'7 a F a W J W a U z 0 w w z a w 0 0 0 3 $ �I �R $m� x $e oY JIB P d a 1 GG [� ?V �GZ �au w N F z W W N fA w N x O O a w F N a w w N C4 0 J Qzo z O U a o �a a ° ° N 9 QI O kl O O fL MZ, Z ! C) F. O 71 O O O 90 1 C f Y N G z 0 F 6 w J w F W J . I F 6 w J w F z 0 a w R C S S e PiI UH dig a� z 0 F Q > w w F Z a 0 W z a a 0 a m m �I W F-� H C/) V) z 0 E 6 w a w F w w a I F 6 w J F z O 0.� w _Rp dG ggg9/ �R S z 0 H 6 w a m F a z 0 F ■ il',s IN z 0 F W a z a a b OO N O L' EXHIBIT 2 Applicant's Justification for Modifications 43 Modification Permit Application Isla Vista 1499 —1515 Monrovia Avenue, Newport Beach, CA 92663 Ownership: Monrovia Avenue, LLC Applicant: Telford A Walker P.O. Box 8083, Newport Beach, CA 92658 Tel(949)644 -7058 Fax(949)644 -7157 tawalker@cox.net Contact: Kirstin Emershaw P.O. Box 8083, Newport Beach, CA 92658 Tel (949) 644 -7059 Fax (949) 644 -7157 kirstin@penbrookre.com Project Description: Isla Vista is a proposed development that consists of 44 detached town home units on approximately 3.25 acres. The triangular lot is located on Monrovia Avenue at the current termination of 151h Street. The applicant is applying for a rezone from MIA to MFR. Please see the application for the General Plan Amendment for a more detailed project description. Proposed Modifications: The applicant is requesting approval of the following proposed modifications: 1) Distance Between Buildings — According to the MFR Zoning Code, buildings must maintain a separation of 10'. The proposed distance between buildings in the Isla Vista development is 7'. 2) Setbacks — Side yard setbacks on the north parcel of the proposed development. Because of the complicated way the Zoning Code requires side yards to be calculated on irregularly shaped parcels, a side yard of 18.12' is required for the north parcel of the proposed development. Because this project is designed as a single - family development with multi- family characteristics, it is difficult to 9s meet the required side yards. The proposed right side yard is 10' and the left side yard is 17.9'. All other front, side and rear yard conditions are in accordance with the MFR Zoning Code. 3) Wall Heights in the Setbacks — The maximum allowable height for walls in the front yard setback is 3 feet. In a typical single family lot, the height restriction is to preclude fences at grad with the sidewalk from exceeding 3' in order to insure line of sight for backing out of driveways, etc. In the proposed design, the front yards are basically patios and the grade of the patios has been raised up around the units by 4.5 — 5 feet. The patios extend into the front, rear and side yard setbacks for many of the units in the development. Based on this condition of raised grade, there will be a 4.5 - 5 foot retaining wall in the setbacks. In the front, rear and most side yards, there will be a 3.5 foot picket fence which encloses the patio as a guardrail above the retaining wall as required by the Municipal Code. In the setbacks that run along the northern property line, there will be a 6 foot fence above the retaining wall in order to allow for patio privacy as this side of the development is adjacent to an existing and operating industrial building. From the resident's view, however, this wall will appear as a 6' wall, not 11'. The total wall height in the setbacks from existing grade will thus vary from 8 — 8.5 feet in the front, rear and most side yards to eleven feet in the side yards along the northern property line. The proposed development exceeds the front setback height limit by 5 feet. The maximum allowable height in the side and rear yard setbacks is 6 feet. The proposed development exceeds the side and rear yard height limit by 2 to 5 feet depending on the location of the unit. The existing development at Sailhouse incorporated a similar design feature with raised patios and entries on the second level and garage access on the bottom level. This development incorporated retaining walls and slopes in order to accommodate this design feature. The result is a condition where the heights in the front yards exceed 3 -feet. Please see the enclosed photographs that illustrate this condition at Sailhouse as relates to the proposed development. Please refer to the wall exhibit for a detailed view of the wall height in all locations. Required findings: A) The granting of this application is necessary due to the practical difficulties associated with the property and results in physical hardships as follows: 1) While the requested zoning is under the MFR guidelines, these units are detached single family townhomes on small lots with multi - family characteristics. The MFR code does not grant the flexibility for the proposed design, consistent with other projects previously approved in the city, such as Sailhouse. Requiring a 10 -foot distance between buildings is excessive given that each building consists of one dwelling unit, not multiple dwelling units (for which the code is written). The floor plans of each unit are designed with resident privacy in mind. Windows between units are positioned in such a way that they do not directly face a neighboring window. The units are placed 7 feet apart, which �t still allows for ample circulation and open space between units and is consistent with setbacks allowed in other parts of the city. 2) The proposed development design cannot meet the code with respect to the side yards on the north parcel. The left side yard falls short of the 18.12' requirement by 0.22 feet. The right side yard is 8.12 feet short of the required 18.12 foot setback. Granting the 10' side yard on the right of the north parcel is necessary in order to maintain the desired consistency of project design. The applicant must dedicate a 104' right of way through the subject property for the proposed extension of 15a` Street. The total dedicated area amounts to 22,108 s.£ (0.50 acres). Due to the extensive 104' right of way, (substantially in excess of the dedication requirement of One Nautical Mile just to the west of the subject property), the developable area was reduced significantly. Granting the 10 -foot side yard condition allows the applicant to regain some of the buildable area lost to the right of way and yet still allows for appropriate sideyard open space and visual separations. 3) In order to maximize square footage within the homes and allow for a livable floor plan, the units at Isla Vista are three stories and twenty -eight feet in height (measured in accordance with the City of Newport Beach Municipal Code). The garage and bonus room are located at natural grade. The middle level consists of the living area and the bedrooms reside on the third floor. Residents will walk up a set of steps to gain access to the patio area and entry of the unit. Once inside the unit, there will he a set of stairs that lead up approximately 4 feet to the living area and a set of stairs that lead down 5 feet to the garage area. The entry to the garage is behind the unit in the alley that is at grade level. Thus the design of these units requires flexibility in the application of the code sections. Each unit has a generous outdoor patio area, which is a very positive and essential component of the development. In order to make the patios more livable and user - friendly, the patios have been raised 5 feet. Instead of exiting the unit onto the patio from the garage level, residents will exit from the middle level living area of the unit to a landing and then down 4 feet of stairs onto the patio. This design unifies the outdoor space with the indoor space and creates a more functional patio area. The 3.5 -foot picket fence surrounding the patios acts as a guard rail while also adding charm and character to the development. In addition to creating a more functional outdoor space, raising the grade of the patios acts to minimize the twenty -eight foot height of the units. By adding 5 feet of grade up around the entry side of the buildings, the units appear as two stories from the front. Finally, to the west of the property lies Banning Ranch. Beyond the open space of Banning Ranch lies a beautiful view of the ocean. In order for the residents to take advantage of the view on the westerly property line, raising the grade of the outdoor space is a necessity. The additional 5 feet will allow residents to gain a clear and unobstructed view of the ocean from their patios. If the patios are at grade, the ocean would only be viewable when standing. '7 B) The requested modification is compatible with the surrounding existing developments. 1) The 7 -foot distance between the buildings as opposed to 10 feet does not affect the compatibility of the units to surrounding properties, which is a mix of industrial and nwlti family residential. A 7 -foot separation between buildings allows for ample open space and good circulation between units. Currently, the parcel consists of an older office building two vacant houses and unimproved land. The proposed development will be a significant improvement to the current conditions on the property. Additionally, the proposed 7 -foot distance meets the standard for single family residential, which allows a 3 -foot side yard for lots 30 to 39 feet. As these units are detached, it is more logical to apply these standards to the distance between units. 2) The 10 -1oot side yard condition occurs only on the northern property line adjacent to a three -story industrial office building. A driveway and parking separates the industrial building from the proposed developments property line. Therefore, the units will be approximately thirty feet from the current industrial building, despite the 10 -foot setback. This 10 -foot side yard setback does not adversely affect any surrounding residential development as all residential lies to the south and east of the property, not directly to the north where the reduced setback condition occurs. 3) The requested modification for the walls is compatible with the surrounding existing developments. To the western border of the triangular shaped lot is Banning Ranch. Currently this area is open space and is anticipated for some level of development. An 8.5 -1oot wall along the western property line does not adversely effect future development. Future development of Banning Ranch will orient to the west away from the proposed wall. To the North of the subject property is a three -story industrial building. Along this wall will be an 11 -foot wall (5 foot retaining wall and a 6 foot privacy fence). A wall height five (5)) feet over the allowable height does not adversely effect the industrial building but instead serves as a means of separation between the residential and commercial zones as well as provide added privacy for the residents of Isla Vista. On the north parcel, the retaining wall and guardrail encroaches into the 20 -foot front yard setback. This same condition occurs on the proposed 15a` Street extension on the south parcel. The wall is set back a significant distance from Monrovia Avenue and the extension of 15'h Street. Measuring from the street, there is 10 feet of public landscaped parkway and sidewalk and 10 feet of private landscape area before the 8.5 -foot wall. The units are set back an additional 10 feet from the retaining wall. Each unit has an individual walkway and steps up to their patio and entry area; therefore the wall along the two streets is not solid. There are breaks in the walls to allow for the steps and walkways up to the unit. The mixed component of retaining walls and picket fence also serves to minimize the wall height as the picket fence will not be solid and will allow for openness. Also, the walls create no line of sight issue for cars backing out of a driveway, as the garages are all entered from the rear of the buildings. Please refer to the enclosed street scene that illustrates this condition. The only properties to the south of the subject property are multi - family units separated from the very tip of this triangular site by dense landscaping and have no real interface with this project. The multi - family units to the west have a very minor interface with the property and are setback from Monrovia in a way that does not relate to this site. Finally, there are several projects located throughout Newport Beach where an 8 -foot wall is acceptable. Such developments include Harbor Hills and Belmont Court. In the proposed development, in all the side yards except the side yard setback on the north side of the north parcel, the maximum wall height will be 8 — 8.5 feet in height and then only due to the patio design. C) The requested modification creates no adverse affects on the health or safety of residents of the proposed or existing developments. 1) The 7 -foot distance between buildings is a common condition that is found in single - family residential areas throughout Newport Beach. A 7 -foot distance between single dwelling units meets all safety codes in a single - family development. The same standards of safety should be applied to the proposed development. There are no adverse health or safety concerns due to this modification. 2) The reduced setbacks pose no adverse affects on future residents or existing developments. The north side yard of the north parcel is setback 10 feet from an industrial lot, however, the industrial building is approximately 20 feet from the property line providing a distance of 30 feet between the building and units. Additionally there will be a fence to separate the two lots and ensure privacy for the residents of the proposed development. 3) While the grade of the patios will be raised 5 feet, there will be a guardrail of the required height of 3.5 feet above the retaining wall to secure the patio and provide the appropriate safety mechanisms. The proposed development is relatively removed from surrounding residential areas because of the orientation of the multi- family to the south, the orientation of the condos across Monrovia south of 151" and the enclosure of the mobile homes within the mobile home park to the east of the northerly parcel across Monrovia; therefore the higher walls will not affect the existing residential developments. The architectural characteristics of the project will contribute to the quality of the neighborhood and will not have any adverse impact on the residents that are relatively isolated from the units as proposed. On the north property line the wall will be as high as 11 feet. The height of the wall will serve to separate the development from the industrial area and therefore serves as a qy benefit to the residents. Given the nature of the use of this industrial lot, an 11 -foot wall should have no negative impact on the adjacent property. So