HomeMy WebLinkAboutPoag Residence (PA2002-088)CITY OF NEWPORT BEACH Hearing Date: August 22, 2002
PLANNING DEPARTMENT Agenda Item: 3
3300 NEWPORT BOULEVARD Staff Person: Bill Cunningham
NEWPORT BEACH, CA 92658 (949) 644 -3200
(949) 644 -3200; FAX (949) 644 -3229 Appeal Period: 14 days after final action
REPORT TO THE PLANNING COMMISSION
PROJECT: Poag Residence (PA2002 -088)
3210 Seaview Avenue
SUMMARY: Variance to exceed allowable floor area to establish a 1,857 sq. ft.
maximum floor area, for a lot with zero floor area permitted. Included is a
Modification for setbacks: 1 foot into the side yard opposite the alley (roof
eaves an additional 18 inches); 17 feet into the front yard facing Seaview
(roof eaves an additional 18 inches); 7 feet into the rear yard (additional 11
inch encroachment for the chimney).
ACTION: Adopt Resolution No. , approving the requested Variance No.
VA2002 -004 and Modification No. MD2002 -055 (PA2002 -088) with
conditions.
APPLICANT: Andrew Goetz
250 Newport Center Drive #102
Newport Beach, CA 92660
PROPERTY
OWNER: Candace Poag
1300 Dove Street
Newport Beach, CA 92660
LOCATION: On the north side of Seaview Avenue and approximately 63 feet east of
Larkspur Avenue in Corona del Mar.
LEGAL
DESCRIPTION: Lot 2 in Block 238 of Corona del Mar Tract.
GENERAL PLAN: Two-Family Residential
ZONING
DISTRICT: Two-Family Residential (R -2) District.
N.
0 200 400 Feet
VICINITY MAP wE.
S
VA 2002- 004/MD 2002 -055 ^2m -Oa)
3210 Seaview Avenue
Current
Development:
Single - family residence
To the north:
Duplexes
To the east
Multiple-family residential across an alley
To the south
Single-family residence across Seaview Avenue
To the west:
Single-family residence
Poag Residence (PA2002 -088)
August 22, 2002
Page 2 of 9
2.
Introduction & Background
The applicant, Andrew Goetz, acting as agent for the property owner, Candace Poag, is seeking
approval of a Variance and Modification Permit in order to demolish the existing residence and
construct a new single - family dwelling. The Variance request is to establish a floor area for the
dwelling consisting of 1,857 square feet, and the Modification Permit is to allow reduced yard
setbacks and carport width. The existing single - family dwelling consists of approximately 900
square feet and is located on a lot that is non - conforming due to its size.
Proiect Overview
The applicant proposes to demolish the existing older residential structure and construct a new
single - family dwelling. The lot is configured to have its frontage on Seaview Avenue, and is the
rear portion of the adjacent lot that fronts onto Larkspur Avenue. A 14 -foot wide alley exists
along the east property line. The new dwelling will be three- stories in height and will consist of
1,674 square feet of living area and two -car covered parking. The residence will have three
bedrooms and three baths, with two bedrooms and two baths on the second floor; and one
bedroom, one bath and a view deck on the third floor
Analysis
In order to construct the new residence, it is necessary for the applicant to seek a Variance to
establish a maximum floor area, and to obtain a Modification Permit for modified setbacks. In
addition, the applicant is requesting a Modification Permit to allow the carport width to be less than
required by the Zoning Code. Each of the requested waivers is discussed under separate sections
that follow.
General Plan
The City's General Plan designates the site as Two - Family Residential. A single - family dwelling
is a permitted use within this land use designation. Therefore, the proposed project is consistent
with the General Plan.
Development Standards
With the exception of the setbacks and garage size, all of the other development standards of the
R -2 Zone have been met, as shown by the following table:
Project Development Characteristics Table
Minimum Site Area (per 1,000 sq. ft. I 1,650 sq. ft. I 1,650 sq. ft.
d.u.)
Minimum Lot Area 5,000 sq. ft. 1,650 sq. ft. 1,650 sq. ft.
Poag Residence (PA2002 -088)
August 22, 2002
Page 3 of 9
FA
Floor Area Variance
The Zoning Code provides that the maximum floor area is determined by multiplying the
buildable area of the site by a factor of 1.5. The buildable area, in turn, is defined as the lot area
less the setbacks. As noted above, the subject parcel is unique in that it is a small parcel with
street frontage along Seaview Avenue. The Seaview Avenue frontage is defined as the front of
the lot. However, the depth of the lot is only 30 feet. The front setback (20 feet) and the rear
setback (10 feet) added together would result in 0 feet remaining with no buildable area.
Therefore, the applicant is requesting the variance in order establish a permitted floor area.
Staff considered what would have been pemnitted if the property were developed with the
adjacent parcel to the west that fronts Larkspur, and the degree to which the resulting project
would be consistent with surrounding properties. Both parcels together would have a gross land
area of 3,540 square feet (118 feet by 30 feet). Subtracting the normal setbacks would yield a
buildable area of 2,232 square feet (93 feet by 24 feet), and would result in a gross floor area of
3,348 square feet (1.5 X 2,232). The proposed dwelling will have 1,674 square feet distributed
on three levels as follows:
First Floor: 652 sq. ft.
Second Floor: 768 sq. ft.
Third Floor 166 sq. ft.
In addition to the gross floor area of the livable area, the Code requires that the area devoted to
the required covered parking space be included. In the case of this property, one space is
required to be covered. Even though the applicant is proposing a two-car carport, staff included
an additional 183 square feet because the one covered parking space required must be included as
floor area. Therefore, the total gross floor area is 1,857 square feet. Assuming that the subject
Poag Residence (PA2002 -088)
August 22, 2002
Page 4 of 9
14
t^DDE i
EXISTEiCr
PRt3P(?SE1? . _ -
Building Height:
24 feet to the
Estimated
Pitched roof with ridge,
midpoint of a
average roof
hip and dormer elements
sloping roof with
height of 14
with a maximum height of
the ridge not to
feet.
29 feet (midpoint of the
exceed 29 feet
roof will be 24 feet).
Setbacks:
Front: ( Seaview Avenue)
20 ft.
3 ft.
3 ft.
Sides: (Alley)
5 ft.
3 ft.
5 ft.
(West)
4 ft.
10 ft.
3 ft.
Rear: (North)
10 ft.
3 ft.
3 ft.
Parking provided:
2 spaces including 1
1 enclosed space
2 covered spaces
covered
Floor Area Variance
The Zoning Code provides that the maximum floor area is determined by multiplying the
buildable area of the site by a factor of 1.5. The buildable area, in turn, is defined as the lot area
less the setbacks. As noted above, the subject parcel is unique in that it is a small parcel with
street frontage along Seaview Avenue. The Seaview Avenue frontage is defined as the front of
the lot. However, the depth of the lot is only 30 feet. The front setback (20 feet) and the rear
setback (10 feet) added together would result in 0 feet remaining with no buildable area.
Therefore, the applicant is requesting the variance in order establish a permitted floor area.
Staff considered what would have been pemnitted if the property were developed with the
adjacent parcel to the west that fronts Larkspur, and the degree to which the resulting project
would be consistent with surrounding properties. Both parcels together would have a gross land
area of 3,540 square feet (118 feet by 30 feet). Subtracting the normal setbacks would yield a
buildable area of 2,232 square feet (93 feet by 24 feet), and would result in a gross floor area of
3,348 square feet (1.5 X 2,232). The proposed dwelling will have 1,674 square feet distributed
on three levels as follows:
First Floor: 652 sq. ft.
Second Floor: 768 sq. ft.
Third Floor 166 sq. ft.
In addition to the gross floor area of the livable area, the Code requires that the area devoted to
the required covered parking space be included. In the case of this property, one space is
required to be covered. Even though the applicant is proposing a two-car carport, staff included
an additional 183 square feet because the one covered parking space required must be included as
floor area. Therefore, the total gross floor area is 1,857 square feet. Assuming that the subject
Poag Residence (PA2002 -088)
August 22, 2002
Page 4 of 9
14
parcel were combined with the adjacent parcel fronting Larkspur Avenue, the proposed gross
floor area for this property would be slightly more than half (55 %) of the permitted floor area.
The following table compares the site and area information of the applicant's proposal with other
properties in the vicinity of the property:
Development
Typical Lot in
Standards
Subject Lot
the Tract
Proposed
Setbacks: Front:
20 ft.
20 ft.
3 ft.
Sides:
4 & 5 ft.
3 ft.
3 ft. & 5 ft.
Rear:
10 ft.
5 ft.
3 ft.
Gross Land Area:
30 ft. x 55 ft. =
30 ft. x 118 ft. =
30 ft. x 55 ft. =
1,650 sq. ft.
3,540 sq. ft.
1,650 sq. ft.
Buildable Area:
46 ft. x 0 ft. =
24 ft. x 93 ft. =
47 ft. x 24 ft =
0 sq. ft.
2,232 sq. ft.
1,128 sq. ft.
Gross Floor Area:
(Buildable Area x 1.5)
0 sq. ft.
3,348 sq. ft.
1,857 sq. ft.
Setback Area:
1,650 sq. ft.
1,308 sq. ft.
522 sq. ft.
Floor Area to Land
Area Ratio:
N/A
0.95
1.125
In the past the Planning Commission has also used the reasonable setback method to determine a
possible floor area for similar cases. For the purposes of this case, staff used setbacks of three
feet along the Seaview Avenue and north sides, four feet along the west side and five feet along
the east (alley) side. Using these setbacks, the residence could be 1,656 square feet (46 ft. x 24
ft. x 1.5 = 1,656) and results in a floor area to land area ratio of 1.004. The applicant's request
exceeds this possible floor area limit by 201 square feet (1,857 sq. ft. - 1,656 sq. ft. = 201 sq. ft.).
The applicant's request exceeds the floor area to lot area ratio by 289 sq. ft. (1,857 sq. ft. — 1,568
sq. ft.) and the reasonable setback method by 201 sq. ft. Staff believes that the applicant's
requested floor area should be reduced by a minimum of 201 square feet. The resulting gross
floor area of the proposed residence would be 1,656 square feet of which approximately 183
square feet would be devoted to a parking space leaving an interior living area of approximately
1,473 square feet. Further reduction in floor area up to 289 sq. ft. can be justified based upon the
floor area to lot area ratio.
Poag Residence (PA2002 -088)
August 22, 2002
Page 5 of 9
5
The Zoning Code requires the Planning Commission to make certain findings for Variances. These
mandatory findings are listed and discussed below:
1. That there are exceptional or extraordinary circumstances applying to the land building or
use referred to in the application, which circumstances or conditions do not apply generally
to land, buildings and/or uses in the same district.
The lot location and size are atypical of the other lots in the area and the strict application of
the setback standards would reduce the buildable area to zero, thereby rendering the site
undevelopable. If the lot were combined with the adjacent lot fronting Larkspur Avenue,
the dwelling proposed by the applicant would be similar to the surrounding properties
located on similar parcels.
2. That the granting of the application is necessary for the preservation and enjoyment of
substantial property rights of the applicant.
Without the granting of the variance to establish the floor area the lot would be rendered
undevelopable in that the front and rear setbacks would result in zero buildable area.
3. 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 limitations on other properties
in the vicinity and in the same zoning district.
The project as proposed by the applicant will result in a structure that is similar to and
consistent with other dwellings in the area, under identical zoning conditions provide that
the floor are is reduced by a minimum of 201 square feet. The resulting gross floor area of
1,656 square feet is comparable with the floor area allowed on other properties with taking
into account differing lot sizes. Granting a larger floor area could be construed as a grant of
special privilege as the floor area to lot area ratio would be further exceeded. Lastly, the
City has used the reasonable setback method to establish an acceptable floor area as the
basis of the approval of previous floor area variance requests.
4. 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.
The property is designated for two family residential use and the granting of the variance
would not increase the density beyond what is planned for the area thereby avoiding
additional traffic, parking or demand for other services. Granting the request for the
establishment of the floor area of 1,656 square feet will not, therefore be detrimental to the
surrounding neighborhood, and will result in a structure that is similar to surrounding
dwellings with respect to size, bulk and design.
Poag Residence (PA2002 -088)
August 22, 2002
Page 6 of 9
9
Based on the foregoing, staff believes that the facts support the approval of the Variance request.
Setback Modifications
The following chart compares the setbacks of the existing residence, the proposed building, and
zoning requirements.
The new structure will be located the same distance from the front and rear property lines as the
existing structure, but will be located seven feet closer to the west property line and two feet
further from the east (alley) property line than the existing structure.
In order to approve a Modification Permit request, the finding required is that the "establishment,
maintenance or operation of the use of the property or building will not, under the circumstances
of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of
persons residing or working in the neighborhood of such proposed use or be detrimental or
injurious to property and improvements in the neighborhood or the general welfare of the City,
and further that the proposed modification is consistent with the legislative intent of this code."
As noted above, the parcel is unusual in terms of its size and the fact that it fronts onto Seaview
Avenue. The result of this lot configuration is that the Seaview Avenue frontage is considered
the front of the lot and, therefore, requires a 20 -foot setback. The north property line is the rear
and requires a 10 -foot setback. However, the front and rear setbacks together result in no
buildable area being left since the lot is only 30 feet deep. Similar to the foregoing analysis of
the Variance to establish the allowable floor area, staff considered the type of structure that
would result if the lot were combined with the adjacent lot fronting Larkspur, and therefore being
similar to other lots in the area. If combined, the setback along Seaview Avenue and the north
property line would be three feet as proposed by the applicant for this project, and the setback
along the alley would be five feet, also as proposed by the applicant. (There would be no setback
requirement along the west property line if combined with the adjacent parcel -- applicant
proposes a three -foot setback along that property line). In summary, the proposed structure will
occupy approximately the same footprint as would be achievable if the two parcels were
consolidated and developed with a duplex, and the building as proposed is similar to and
compatible with other surrounding residential structures. Therefore, in staff's opinion, the
finding for the Modification Permit can be made with respect to the setbacks.
Parking Modification
Applicant proposes to provide two off -street covered parking spaces in accordance with Code
requirements. Currently, the property is non - conforming in that only a one -car garage is provided.
Poag Residence (PA2002 -088)
August 22, 2002
Page 7 of 9
I
Existing Setbacks
Required Setbacks
Proposed Setbacks
Front
3 feet
20 feet
3 feet
West side
10 feet
4 feet
3 feet
East side
(alley)
3 feet
5 feet
5 feet
Rear
3 feet
10 feet
3 feet
The new structure will be located the same distance from the front and rear property lines as the
existing structure, but will be located seven feet closer to the west property line and two feet
further from the east (alley) property line than the existing structure.
In order to approve a Modification Permit request, the finding required is that the "establishment,
maintenance or operation of the use of the property or building will not, under the circumstances
of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of
persons residing or working in the neighborhood of such proposed use or be detrimental or
injurious to property and improvements in the neighborhood or the general welfare of the City,
and further that the proposed modification is consistent with the legislative intent of this code."
As noted above, the parcel is unusual in terms of its size and the fact that it fronts onto Seaview
Avenue. The result of this lot configuration is that the Seaview Avenue frontage is considered
the front of the lot and, therefore, requires a 20 -foot setback. The north property line is the rear
and requires a 10 -foot setback. However, the front and rear setbacks together result in no
buildable area being left since the lot is only 30 feet deep. Similar to the foregoing analysis of
the Variance to establish the allowable floor area, staff considered the type of structure that
would result if the lot were combined with the adjacent lot fronting Larkspur, and therefore being
similar to other lots in the area. If combined, the setback along Seaview Avenue and the north
property line would be three feet as proposed by the applicant for this project, and the setback
along the alley would be five feet, also as proposed by the applicant. (There would be no setback
requirement along the west property line if combined with the adjacent parcel -- applicant
proposes a three -foot setback along that property line). In summary, the proposed structure will
occupy approximately the same footprint as would be achievable if the two parcels were
consolidated and developed with a duplex, and the building as proposed is similar to and
compatible with other surrounding residential structures. Therefore, in staff's opinion, the
finding for the Modification Permit can be made with respect to the setbacks.
Parking Modification
Applicant proposes to provide two off -street covered parking spaces in accordance with Code
requirements. Currently, the property is non - conforming in that only a one -car garage is provided.
Poag Residence (PA2002 -088)
August 22, 2002
Page 7 of 9
I
In addition, the proposal will result in an improvement over the existing design of the garage that
takes access directly from Seaview Avenue; the new carport will have access from the alley, which
will eliminate cars backing directly onto Seaview Avenue. However, the interior parking space
dimensions as proposed by the applicant will be smaller than required by Code. The Code requires
interior dimensions of 18 feet depth by 17.5 feet in width. Applicant proposes to construct a carport
that is 18.5 feet in depth by 16 feet 8 inches in width. Therefore, the carport will be 10 inches
smaller in width than required by Code. It is noted, however, that the wall obstruction on the north
side of the carport is a distance of five feet at the front of the carport and the balance of the area is
open. An additional problem with the carport is that the clear opening for access to each parking
space is reduced to 7.5 feet. While staff is supportive of the provision of an additional off - street
parking space and the access to the parking from the alley instead of directly from the street, the
decrease in the width of the carport does not appear to be justified since it is possible to redesign the
powder room, kitchen and laundry room areas to provide the full carport width. Also, the decreased
carport width results in decreased clear openings into the carport of 7.5 feet. City Traffic Engineer
has reviewed the plans and recommends that the carport openings be increased to eight feet. The
alley providing access to the carport is only 14 feet wide. Even with the five -foot setbacks
proposed for the project and that exists for the property to the east of the alley, the total turning
distance is 24 feet. Therefore, in staff's opinion the minimum carport dimensions as well as the
clear openings are needed, particularly to accommodate full -sized vehicles. The draft resolution
includes a provision requiring the minimum carport width and access openings.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt under the
requirements of the California Environmentla Quality Act under Class 3 (New construction of a
single - family residence in a residential zone).
Conclusion
In staff's opinion, the request for the Variance to establish a floor area of 1,857 square feet should
be reduced by 201 square feet and the residence redesigned accordingly. Additionally, the requested
Modification Permit to allow the reduced setbacks appears reasonable and will result in a
residential structure that is compatible with the neighborhood and surrounding dwellings. Staff also
believes that the decrease in the width of the parking spaces is not justified and that the minimum
dimensions of the off - street parking spaces can be met with modest design changes. Therefore,
staff recommends that the request be approved subject to revised plans to reduce the floor area and
provide the full parking space dimensions as required by the Zoning Code. If the Commission
concurs, the draft resolution for project approval should be considered (Exhibit No. 1).
The Commission has the option to approve the project as requested by the applicant including the
reduced parking space dimension within the Modification Permit. If that were the desire of the
Commission, it would be appropriate to adopt the draft resolution with a revision to the
provisions relating to parking space dimensions and floor area.
Poag Residence(PA2002 -088)
August 22, 2002
Page 8 of 9
S
The Commission also has the option to further modify the project to increase the setbacks and/or
to decrease the floor area suggested if deemed appropriate and necessary to mitigate detrimental
effects that may be identified at the public hearing.
Due to the fact that the Zoning Code provides no buildable area for this lot, staff believes that
some kind relief from the floor area limit and setbacks is required. Therefore, staff has not
prepared findings for project denial.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Exhibits
Prepared by:
WILLIAM CUNNINGHAM
7 Con t Planner � o
1. Resolution No. 2002 -_; findings and conditions of approval
2. Project plans
Poag Residence (PA2002 -088)
August 22, 2002
Page 9 of 9
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ID
1 *1111 111191
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING VARIANCE NO.
2002 -004 AND MODIFICATION PERMIT NO. 2002 -055 FOR
PROPERTY LOCATED AT 3210 SEAVIEW AVENUE (PA2002-
088)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Andrew Goetz, agent for the property owner, Candace
Poag, with respect to property located at 3210 Seaview Avenue and described as Lot 22 in Block 238 of
Corona del Mar Tract, requesting approval of Variance No. 2002 -004 to establish a floor area of 1,857
square feet, and Modification Permit No. 2002 -055 to permit reduced yard setbacks and reduced carport
dimensions in order to construct a new single - family dwelling within Corona del Mar.
Section 2. A public hearing was held on August 22, 2002 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. Evidence, both written and oral, was presented to and
considered by the Planning Commission at this meeting.
Section 3. The Planning Commission finds as follows:
a) That there are exceptional or extraordinary circumstances applying to the land, building
or use referred to in the application, which circumstances or conditions do not apply
generally to land, buildings and/or uses in the same district.
The lot location and size are atypical of the other lots in the area and the strict application of the
setback standards would reduce the buildable area to zero, thereby rendering the site
undevelopable. If the lot were combined with the adjacent lot fronting Larkspur Avenue, the
dwelling proposed by the applicant would be similar to the surrounding properties located on
similar parcels.
b) That the granting of the application is necessary for the preservation and enjoyment of
substantial property rights of the applicant.
With the granting of the Variance to establish the floor area the lot would be rendered
undevelopable in that the front and rear setbacks would result in a zero buildable area for
construction.
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 limitations on other
properties in the vicinity and in the same zoning district.
Planning Commission Resolution No.
Page 2 of 5
The project as proposed by the applicant will result in a structure that is similar to and
consistent with other dwellings in the area in both size and bulk.
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.
The property is designated for two family residential use and the granting of the Variance
would not increase the density beyond what is planned for the area thereby avoiding additional
traffic, parking or demand for other services. Granting the request for the establishment of
floor area of 1,656 square feet will not be detrimental to the surrounding neighborhood and will
result in a structure that is similar to surrounding dwellings with respect to size, bulk and
design.
e) The establishment, maintenance or operation of the use of the property or building will
not, under the circumstances of the particular case, be detrimental to the health, safety,
peace, comfort and general welfare of persons residing or working in the neighborhood of
such proposed use or be detrimental or injurious to property and improvements in the
neighborhood or the general welfare of the City, and further that the proposed
modification is consistent with the legislative intent of this code for the following reasons:
• The setbacks as proposed would result in the development of the site to be similar to other
properties and will result in a structure that is similar to and compatible with other
residential structures in the area.
The required 20 -foot front setback and 10 -foot rear setback would result in a parcel with
zero buildable area remaining.
f) The request to reduce the width of the carport is not justified and would be detrimental to the
surrounding area in that there is room to provide the required parking space dimensions by
making minor revisions to the plans, and in that the alley providing access to the parking spaces
is only 14 feet in width and full parking space dimensions are required to accommodate
vehicular access.
g) The design of the proposed improvements will not conflict with any easements acquired by the
public at large for access through or use of the property within the proposed development.
h) That public improvements may be required of the developer pursuant to Section 20.1.040 of the
Municipal Code.
i) The proposed project has been determined to be Categorically Exempt under Class 3
(Construction of a single - family residence in a residential zone).
Section 4. Based on the aforementioned findings, the Planning Commission hereby approves
Variance No. 2002 -004 and Modification Permit No. 2002 -055, with the exception that the portion of the
Planning Commission Resolution No.
Page 3 of 5
Modification Permit relating to minimum parking space dimensions is denied, and subject to the
Conditions set forth in Exhibit "A."
Section 5. 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 or this action is called for review
by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF AUGUST, 2002.
on
I
Steven Kiser, Chairman
Shant Agajanian, Secretary
AYES:
NOES:
12.7
Planning Commission Resolution No.
Paee 4 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
Variance No. 2002 -004 &
Modification Permit No. 2002 -055
The development shall be in substantial conformance with the approved plot plan, floor plan,
elevations and preliminary grading plan dated July 20, 2002, with the exception that the plans shall
be revised in a manner that will allow minimum interior carport dimensions of 18 feet in depth by
17.5 feet in width. Additionally, the plans shall be revised such that the total gross floor area as
calculated pursuant to the Zoning Code shall not exceed 1,656 square feet.
2. Variance No. 2002 -004 and Modification Permit No. 2002 -055 shall expire unless exercised
within 24 months from the date of approval as specified in Section 20.91.050 of the Newport
Beach Municipal Code, unless an extension is otherwise granted.
3. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent City - adopted version of
the Uniform Building Code.
5. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
6. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or
other applicable section or chapter, additional street trees shall be provided and existing street
trees shall be protected in place during construction of the subject project, unless otherwise
approved by the General Services Department and the Public Works Department.
7. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory
completion of the public improvements, if it is desired to obtain a building permit prior to
completion of the public improvements.
8. All vehicular access to the property shall be from the alley unless otherwise approved by the City
Council. The existing curb cut along Seaview Avenue shall be replaced with full curb, gutter and
sidewalk, and landscaping installed to the approval of the Public Works Department. All work
shall be completed under an encroachment permit issued by the Public Works Department.
9. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to
further review by the Traffic Engineer. The carport shall be redesigned to have a maximum
clear opening for each door of eight feet, or a minimum clear opening of sixteen feet if a double
opening is used. The carport floor must be located a minimum of six inches above the alley
flow line grade.
10. Applicant shall obtain a Certificate of Compliance prior to the issuance of a Building Permit.
Planning Commission Resolution No.
Page 5 of 5
I1. Disruption caused by construction work along roadways and by movement of construction
vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic
control and transportation of equipment and materials shall be conducted in accordance with
state and local requirements.
IS
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