HomeMy WebLinkAbout2.0 - 216 Crystal Variance - PA2013-118CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 19, 2013 Meeting
Agenda Item 2
SUBJECT: 216 Crystal Variance - (PA2013 -118)
216 Crystal Avenue
Variance No. VA2013 -005
PLANNER: Melinda Whelan, Assistant Planner
(949) 644 -3221, mwhelan @newportbeachca.gov
PROJECT SUMMARY
A request for a variance to allow the following improvements to an existing
nonconforming duplex: 1) a second story addition which would exceed the maximum
allowed floor area; 2) an addition greater than 10 percent of the existing square footage
without providing the required number of parking spaces (two garage spaces per unit);
and 3) encroachment into the 4 -foot side yard setback along E. Bay Front Alley.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. _ approving Variance No. VA2013 -005 (Attachment No.
PC 1).
216 Crystal Variance
September 19, 2013
Page 2
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GENERAL PLAN ZONING
LOCATION
GENERAL PLAN ZONING
CURRENT USE
ON -SITE
Two -Unit Residential RT Balboa Island (R -BI)
Duplex
NORTH
RT R -BI
Single - Family Dwelling
SOUTH
RT I R -BI
Single-Family Dwelling
EAST
RT R -BI
Duplex
WEST
RT R -BI
Duplex
216 Crystal Variance
September 19, 2013
Page 3
Project Setting
The subject property is a triangular shaped lot coming to a point at the intersection of
Crystal Avenue and E. Bay Front Alley on Little Balboa Island. The property is improved
with a 2,417- square -foot, two -story duplex with two - one -car garages. Its triangular
shape results in only three property lines: a 94.72 -foot front lot line along Crystal
Avenue, a 109.65 -foot side property line along E. Bay Front Alley, and a 54 -foot
property line shared with a neighbor to the south. The gross lot area is 2,586 square
feet. Figure 1 shows the buildable area (shaded) per the Zoning Code required
setbacks.
Figure
;t Site
The existing duplex, which was permitted in 1951, is nonconforming because it exceeds
the maximum allowed floor area by 51 square feet. Additionally, the duplex encroaches
into the setbacks as follows: 1 foot into the 8 -foot front yard setback on the first floor; 1
foot 6 inches into the side yard setback along E. Bay Front Alley on the first and second
floor; and 1 foot into the 4 -foot side yard setback to the south. The duplex is also non-
216 Crystal Variance
September 19, 2013
Page 4
conforming because it provides only a one -car garage for each unit where two spaces
per unit are required. Table 1 provides the details of each existing unit.
Table 1 Existing Duplex
Project Description
The applicant requests a variance to add 378 square feet to the second story of one of
the units, encroachment into the side yard setback along E. Bay Front Alley, and
maintaining the existing non - conforming parking. The existing duplex exceeds the
2,366- square -foot maximum allowed floor area (including 200 square feet for enclosed
garages) by 51 square feet. With the addition, the structure would exceed the maximum
by 429 square feet. The addition includes a master bedroom and a balcony on the
second floor that would encroach lfoot 6 inches into the side yard setback along the E.
Bay Front Alley, consistent with the existing first and second floor. The addition and
balcony would maintain the front yard setback of 8 feet.
Analysis
General Plan, Local Coastal Plan, and Zoning Code
The Land Use Element of the General Plan designates the subject property for Two -unit
Residential (RT) uses. The RT category applies to a range of two- family residential
dwelling units such as duplexes and townhomes, but also permits single - family
dwellings. The Coastal Land Use Plan designates the subject property as High Density
Residential (RH -A), 20.1 -30 Dwelling Units /Acre. Two - family dwellings are permitted
within this designation. The subject property is located within the R -BI (Balboa Island)
Zoning District. The R -BI District allows for single - family and two - family dwelling units.
The proposed project will conform to all the required zoning regulations of the R -BI
zoning district, with the exception of the increased floor area requested, the existing
nonconforming parking and the existing and proposed encroachments into the
setbacks.
Floor Area Variance
The Zoning Code permits structures within the R -BI District to have a total gross floor
area equal to 1.5 times the buildable area. The buildable area of a lot is the lot area
minus the area of required setbacks. Section 20.18.030 of the Zoning Code excludes
200 square feet of floor area used for enclosed parking of two or more spaces within the
Unit —1 (downstairs)
Unit — 2 (upstairs)
Floor Area
916 sq. ft. (1� Floor Only)
308 sq. ft. (1 Floor)
743 sq. ft. 2nd Floor
Bedrooms
1 bedroom
2 bedrooms
Parking
1 -car garage
1 -car garage
Project Description
The applicant requests a variance to add 378 square feet to the second story of one of
the units, encroachment into the side yard setback along E. Bay Front Alley, and
maintaining the existing non - conforming parking. The existing duplex exceeds the
2,366- square -foot maximum allowed floor area (including 200 square feet for enclosed
garages) by 51 square feet. With the addition, the structure would exceed the maximum
by 429 square feet. The addition includes a master bedroom and a balcony on the
second floor that would encroach lfoot 6 inches into the side yard setback along the E.
Bay Front Alley, consistent with the existing first and second floor. The addition and
balcony would maintain the front yard setback of 8 feet.
Analysis
General Plan, Local Coastal Plan, and Zoning Code
The Land Use Element of the General Plan designates the subject property for Two -unit
Residential (RT) uses. The RT category applies to a range of two- family residential
dwelling units such as duplexes and townhomes, but also permits single - family
dwellings. The Coastal Land Use Plan designates the subject property as High Density
Residential (RH -A), 20.1 -30 Dwelling Units /Acre. Two - family dwellings are permitted
within this designation. The subject property is located within the R -BI (Balboa Island)
Zoning District. The R -BI District allows for single - family and two - family dwelling units.
The proposed project will conform to all the required zoning regulations of the R -BI
zoning district, with the exception of the increased floor area requested, the existing
nonconforming parking and the existing and proposed encroachments into the
setbacks.
Floor Area Variance
The Zoning Code permits structures within the R -BI District to have a total gross floor
area equal to 1.5 times the buildable area. The buildable area of a lot is the lot area
minus the area of required setbacks. Section 20.18.030 of the Zoning Code excludes
200 square feet of floor area used for enclosed parking of two or more spaces within the
216 Crystal Variance
September 19, 2013
Page 5
R -BI District from the calculation of the gross floor area. Using this formula, the
maximum allowable gross floor area for the subject lot is 2,166 square feet plus 200
square feet for an enclosed garage for a total of 2,366 square feet. The existing duplex
has a floor area of 2,417 square feet including two single -car garage spaces. Figure 2
shows the block of the subject property with lots 204 through 210 Crystal Avenue
considered typical lots.
Fiaure 2 - Arial of Block
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216 Crystal Variance
September 19, 2013
Page 6
Table 2 shows how the setbacks impact the floor area to land area ratios for the subject
lot and other lots in the vicinity.
Table 2 Floor Area and Setback Comparison
(1) - typical lot dimensions are 30'x 85'
(2) Excluding the 200 square feet floor area exception for providing two or more enclosed parking
spaces within the R1.5 District.
The triangular shaped lot creates an exceptionally long, approximately 95 -foot front lot
line along Crystal Avenue resulting in an unusually large 758 - square -foot front setback
area. This front setback area is more than three times the size of a typical lot within the
block which have a 240 - square -foot front setback area. This is also an unusually large
setback area for Balboa Island. On triangular lots, as discussed previously, a rear lot
line is created where there is a minimum width of at least 10 feet and then the rear yard
setback is measured from this line thus further reducing the buildable area of the lot.
Also, due to the shape, there are areas created that are unusable for enclosed floor
area. The large front setback area, combined with the unusual shape of the lot, results
in what a disproportionate reduction in buildable area when compared to a typical
rectangular shaped lot.
Subject Lot
Typical Lot in
Proposed
p
Required
the Block
Front Setback
7 ft. existing. Proposed 8 ft.
(Crystal); and
8 ft.;
8 ft.;
for 2nd floor addition and
Front Setback Area
758 sq. ft.
240 sq. ft.
balcony. Bay window
encroaching per Code.
4 ft.
3 ft.
2 ft. 6 in. proposed for addition
Side Setback
(Lot is wider than
(Less than 40'
and balcony consistent with
(E. Bay Front Alley)
40')
wide)
existing nonconforming
setback.
Side Setback
(Lot is wider than
(Less than 40'
3 ft. existing nonconforming
(south)
40')
wide)
(No change)
Rear Setback
5 ft.
5 ft.
5 ft. (No change)
(E. Bay Front Alley)
Gross Lot Area
2,586 sq. ft.
2,550 sq. ft.
No change
Buildable Area
1,444 sq. ft.
1,728 sq. ft.
No change
Maximum Floor
Area
2
2
(Buildable Area x
2,166 sq. ft.
2,592 sq. ft.
2,595 sq. ft
1.5)
Floor Area to Land
0.84
1.02
1.00
Area Ratio
(1) - typical lot dimensions are 30'x 85'
(2) Excluding the 200 square feet floor area exception for providing two or more enclosed parking
spaces within the R1.5 District.
The triangular shaped lot creates an exceptionally long, approximately 95 -foot front lot
line along Crystal Avenue resulting in an unusually large 758 - square -foot front setback
area. This front setback area is more than three times the size of a typical lot within the
block which have a 240 - square -foot front setback area. This is also an unusually large
setback area for Balboa Island. On triangular lots, as discussed previously, a rear lot
line is created where there is a minimum width of at least 10 feet and then the rear yard
setback is measured from this line thus further reducing the buildable area of the lot.
Also, due to the shape, there are areas created that are unusable for enclosed floor
area. The large front setback area, combined with the unusual shape of the lot, results
in what a disproportionate reduction in buildable area when compared to a typical
rectangular shaped lot.
216 Crystal Variance
September 19, 2013
Page 7
On prior occasions, the Planning Commission assessed the "floor area ratio" (FAR) to
determine an appropriate floor area for variance requests for unusually sized and
shaped lots. Strict application of the Zoning Code requirement of the 1.5 floor area limit
to the subject site allows a maximum of 2,166 gross square feet, which results in a FAR
of 0.84 (excluding the 200 square foot allowance for garages). The FAR of a typical lot
within the block is 1.02 (excluding the 200 square foot allowance for garages). The
existing duplex exceeds the maximum floor area by 51 square feet and has an existing
FAR of 0.86 (excluding the 200 square foot allowance for garages). The applicant's
requested variance to add 378 square feet to one of the existing units creates a floor
area of 2,595 square feet (excluding the 200 square feet floor area exception for
providing two enclosed parking spaces) and results in a 1.00 FAR, which is consistent
with the typical lots within the vicinity (block). The proposed structure would not be out
of proportion to the other dwellings within the immediate neighborhood and throughout
Balboa Island. Table 3 details recent variances granted on Balboa Island.
Table 3 Floor Area Variance Comparisons
(1) Per Section 20.10.030(M) 2 of the Zoning Code, 200 square feet of floor used for enclosed parking of
two or more spaces within the R1.5 District shall not be included in the calculation of the gross floor area.
(2) Subject to a variance for the increased floor area.
Exceed 10 Percent Addition — Nonconforming Parking
The nonconforming parking section of the Zoning Code, Section 20.38.060, allows existing
development with less than the required parking to add up to 10 percent of the existing
square footage as long as the gross floor area does not exceed the maximum allowed by
the Zoning Code. Section 20.38.060 is intended to allow the addition of bedrooms or small
expansions that do not intensify the use of existing dwellings. However, since the existing
square footage exceeds Zoning Code maximum by 51 square feet, the proposed addition
requires that the parking also be addressed by the Variance. The existing duplex has
maintained a one -car garage for each unit since 1951. The irregularly shaped buildable
216 Crystal
212 Crystal
201 Crystal
201 Apolena
303 Crystal
(Subject)
(2007)
2007
(2002)
(1993)
Gross Lot
Area
2,586 sq. ft.
2,406.9 sq. ft.
1,500 sq. ft.
2,400 sq. ft.
1,675 sq. ft.
Buildable
Area
1,444 sq. ft.
1609.6 sq. ft.
570 sq. ft.
950 sq. ft.
1,223 sq. ft.
Maximum
Floor Area
2,166 sq. ft.
2,414 sq.ft.
855 sq. ft.
1,625 sq. ft.
1,834.5 sq. ft.
Floor Area
2,595 sq. ft. +
2,458 sq. z
1,560 sq. ft.
2,295 sq. ft +200
1,738 sq. ft
Permitted
200 sq. ft. =
ft. +200 sq. ft.
+200 sq. ft.
sq. ft.
+200 sq. ft.
by Variance
2,795 sq. ft.
= 2,658 sq. ft.
=1,760 sq. ft.
=2,495 sq.ft.
= 1,938 sq. ft.
(Proposed)
(VA2006 -001)
(VA2002 -001)
(VA2002 -001)
(VA No. 1186)
Floor Area
Ratio Per
1.00
1.02
1.04
1.04
1.16
Variance
(1) Per Section 20.10.030(M) 2 of the Zoning Code, 200 square feet of floor used for enclosed parking of
two or more spaces within the R1.5 District shall not be included in the calculation of the gross floor area.
(2) Subject to a variance for the increased floor area.
Exceed 10 Percent Addition — Nonconforming Parking
The nonconforming parking section of the Zoning Code, Section 20.38.060, allows existing
development with less than the required parking to add up to 10 percent of the existing
square footage as long as the gross floor area does not exceed the maximum allowed by
the Zoning Code. Section 20.38.060 is intended to allow the addition of bedrooms or small
expansions that do not intensify the use of existing dwellings. However, since the existing
square footage exceeds Zoning Code maximum by 51 square feet, the proposed addition
requires that the parking also be addressed by the Variance. The existing duplex has
maintained a one -car garage for each unit since 1951. The irregularly shaped buildable
216 Crystal Variance
September 19, 2013
Page 8
area limits the ability to create additional parking without completely removing the first -
floor unit. The addition is a 15.6 percent increase of the existing gross floor area.
Side Yard Encroachment along E. Bay Front Alley
The existing duplex was built with a 2- foot -6 -inch setback along E. Bay Front Alley. A
variance is required for the proposed second -floor addition to maintain this setback. The
triangular shaped lot and unusually large front -yard setback area results in limited
buildable area; therefore, this encroachment is justified in providing living conditions
consistent with modern living standards. The existing and proposed encroachment does
not abut another residential development; therefore, adequate light, air, and separation is
maintained. The 2- foot -6 -inch setback allows sufficient vehicular access for two- direction
travel within the alley and access to garages for the adjacent residential units.
Variance Findings
Section 20.52.090.F (Variances, Findings and Decision) of the Zoning Code requires
the Planning Commission to make the following findings before approving a variance:
A. There are special or unique circumstances or conditions applicable to the subject
property (e.g., location, shape, size, surroundings, topography, or other physical
features) that do not apply generally to other properties in the vicinity under an
identical zoning classification;
B. Strict compliance with Zoning Code requirements would deprive the subject
property of privileges enjoyed by other properties in the vicinity and under an
identical zoning classification;
C. Granting of the Variance is necessary for the preservation and enjoyment of
substantial property rights of the applicant;
D. Granting of the Variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and in the same
zoning district;
E. Granting of the Variance will not be detrimental to the harmonious and orderly
growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, safety, or general welfare of persons
residing or working in the neighborhood; and
F. Granting of the Variance will not be in conflict with the intent and purpose of this
Section, this Zoning Code, the General Plan, or any applicable specific plan.
The subject lot is an irregular shaped, triangular lot which results in a smaller and
limited buildable area as compared to typical lots within the block and the Balboa Island
neighborhood. The triangular shape results in an exceptionally long, 94.72 -foot front lot
216 Crystal Variance
September 19, 2013
Page 9
line along Crystal Avenue and unusually large 758 - square -foot front setback area. This
front setback area is more than three times that of a typical lot with a 240 - square -foot
front setback area. The irregular shape and large setback results in a buildable area of
1,444 square feet where a typical lot in the block has 1,728 square feet; and a FAR that
is 0.84 (excluding the 200 - square -foot allowance for garages) where a typical lot in the
block has an FAR of 1.02 (excluding the 200 - square -foot allowance for garages). The
requested variance to exceed the 1.5 floor area limit for a duplex that has a floor area of
2,595 square feet (excluding the 200 - square -foot allowance for garages) results in a
1.00 FAR, which is less than typical lots within the block. It allows the property the right
to maintain the duplex with a similar FAR to other residential development on Balboa
Island.
The unusual shape of the lot with the strict application of the 8 -foot front yard setback
along the approximately 95 -foot lot line along Crystal Avenue and the 4 -foot side yard
setback along E. Bay Front Alley limits the buildable area to accommodate usable
enclosed floor area and outdoor areas. The second story addition maintains the existing
2 -foot, 6 -inch setback and is not abutting a residential lot; therefore, providing adequate
light, air, and separation. The encroachment provides usable floor area and outdoor
living area while maintaining the existing adequate access for two -way direction of travel
in the alley and garage access for the residents in the surrounding area. The proposed
encroachment does not result in a special privilege because a typical lot within the block
enjoys a 24 -foot wide rear yard setback abutting alley of which they can encroach into
with a second floor up to 2 feet 6 inches from the property line by right per the Zoning
Code.
The existing duplex was built in 1951 with one -car garages for each unit. The irregularly
shaped buildable area prohibits the ability to create additional parking without
completely removing the first -floor unit, Unit -1. For a typical lot on Balboa Island that is
developed with a duplex constructed per an old Zoning Code requirement of one garage
space per unit, a 10 percent addition is permitted up to the maximum square footage
allowed. Additions within the 10 percent often accommodate a room addition.
The addition and the existing duplex meet the height limits of the R -BI Zoning
Designation. The requested Variance is consistent with the intent of the Zoning Code
and the General Plan because the proposed deviations from the Zoning Code allow for
the maintenance of an existing duplex with a comparable FAR to other properties within
the block and neighborhood of Balboa Island. The addition maintains the design of the
existing duplex that provides usable open volume area, articulation and modulation
resulting in bulk that is consistent with other properties in the block and neighborhood of
Balboa Island. The addition of the master bedroom is comparable to additions that are
provided for by right within the Zoning Code for existing duplexes of a similar size that
have less than the required number of parking spaces. Staff, therefore, recommends
Planning Commission approval based on the discussion and facts above and findings
included in the draft resolution. Conditions of approval have been incorporated into the
attached draft resolution (Attachment No. PC 1).
216 Crystal Variance
September 19, 2013
Page 10
Alternatives
1. The Planning Commission may suggest specific changes that are necessary to
alleviate concerns. If any additional requested changes are substantial, the item
should be continued to a future meeting to allow a redesign or additional analysis.
Should the Planning Commission choose to do so, staff will return with a revised
resolution incorporating new findings and /or conditions.
2. If the Planning Commission believes that there are insufficient facts to support the
findings for approval, the Planning Commission must deny the application and
provide facts in support of denial to be included in the attached draft resolution for
denial (Attachment No. PC 2).
Environmental Review
The project categorically exempt under Section 15301 of the California Environmental
Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities) of the implementing
Guidelines of the California Environmental Quality Act as the project is an addition to an
existing structure and is located on a developed site with no environmentally significant
resources present.
Public Notice
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights -of-
way and waterways) including the applicant and posted on the subject property at least
10 days before the scheduled meeting, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
Prepared by: Submitted by:
Melinda Whelan
Assistant Planner Br n a Wisnes i, ICP, Deputy Director
ATTACHMENTS
PC 1 Draft Resolution for Approval
PC 2 Draft Resolution for Denial
PC 3 Project Plans Including Color Renderings
Attachment No. PC 1
Draft Resolution
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING VARIANCE NO.
VA2013 -005 FOR AN ADDITION TO AN EXISTING DUPLEX
LOCATED AT 216 CRYSTAL AVENUE PA2013 -216
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Art Kent, with respect to property located at 216 Crystal
Avenue, and legally described as Lot 9, Block 5 requesting approval of a Variance.
2. The applicant requests a variance to allow the following improvements to a
nonconforming duplex with an existing square footage of 2,417 square feet: 1) a
second story addition of 378 square feet which would exceed the maximum allowed
floor area of 2,366 square feet; 2) an addition greater than 10 percent of the existing
square footage and beyond the maximum allowed square footage without providing
the required number of parking spaces (2 per unit in a garage); and 3) a 1- foot -6 -inch
encroachment into the 4 -foot side yard setback along East Bay Front Alley.
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 High Density Residential (RH -A), 20.1 -30 Dwelling Units /Acre.
5. A public hearing was held on September 19, 2013, 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under Section
15301 of the California Environmental Quality Act (CEQA) Guidelines — Class 1
(Existing Facilities).
2. The project is an addition to an existing structure that is less than 50 percent of
the existing structure and is located on a developed site with no environmentally
significant resources present.
Planning Commission Resolution No. ####
Paqe 2 of 8
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.090 F. of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Finding:
A. There are special or unique circumstances or conditions applicable to the subject property
(e.g., location, shape, size, surroundings, topography, or other physical features) that do
not apply generally to other properties in the vicinity under an identical zoning
classification; and
Facts in Support of Finding:
1. The subject lot is an irregular triangular shaped lot which results in a smaller and
unusually shaped buildable area from that of typical lots within the block and the
Balboa Island neighborhood.
2. The irregular triangular shaped lot results in an exceptionally long, 94.72 -foot front
lot line along Crystal Avenue and an unusually large 758 - square -foot front setback
area. This front setback area is more than three times that of a typical lot with a
240 - square -foot front setback area.
3. The irregular shape with the unusually large setback results in a buildable area of
1,444 square feet where a typical lot in the block has 1,728 square feet; and a FAR
that is 0.84 where a typical lot in the block has an FAR of 1.02.
4. The irregular shape creates an unusual shape of buildable area which is difficult to
provide enclosed floor area and usable outdoor living area without encroaching into
the setback as proposed to be consistent with the existing structure.
5. The existing duplex was built in 1951 with one -car garages for each unit. The
irregularly shaped buildable area and prohibits the ability to create additional
parking without eliminating the habitable area of the first floor unit.
Finding:
B. Strict compliance with Zoning Code requirements would deprive the subject property of
privileges enjoyed by other properties in the vicinity and under an identical zoning
classification; and
Facts in Support of Finding:
1. Applying the 8 -foot front yard setback requirement along the unusually long,
approximately 95 -foot front lot line results in a larger setback area and smaller
buildable area than a typical lot within the block and within the Balboa Island
neighborhood. Strict application of the Zoning Code required floor area limit (FAIL =
08 -09 -2013
Planning Commission Resolution No. Ott
Paqe 3 of 8
buildable area X 1.5) to the subject property allows a maximum area of 2,166,
which results in a FAR of 0.84 (excluding the 200 square foot allowance for
garages on Balboa Island). The allowed FAR of a typical lot with a 240 - square -foot
front yard setback within the same block is 1.02 (excluding the 200 - square -foot
allowance for garages).
2. Additionally, the unusual shape of the lot with the strict application of the 8 -foot
front yard setback along the approximately 95 -foot lot line along Crystal Avenue
and the 4 -foot side yard setback along E. Bay Front Alley limits the buildable area
adequate to accommodate usable enclosed floor area as well as usable outdoor
areas. The addition and balcony maintains the existing 2- foot -6 -inch setback and is
not abutting a residential lot therefore providing adequate light, air, and separation.
Furthermore, the encroachment provides usable floor area and outdoor living area
and maintains adequate access for 2 -way direction of travel in the alley and garage
access for the residents in the surrounding area.
3. The existing duplex was permitted in 1951 to provide 1 -car garage per unit, per the
Zoning Code in affect at that time. Unit -1 occupies the majority of the first floor with
one bedroom and 916 square feet. For a typical lot on Balboa Island that is
developed with an existing duplex constructed per an old Zoning Code requirement of
one garage space per unit, a 10 percent addition is permitted up to the maximum
square footage allowed by the Zoning Code. Additions within the 10 percent often
accommodate a room addition.
Finding:
C. Granting of the Variance is necessary for the preservation and enjoyment of substantial
property rights of the applicant; and
Facts in Support of Finding:
1. The unusually large setback area and unusual triangular shape is not typical of
other lots within the block or on Balboa Island and significantly limits the floor area
and buildable area.
2. The requested variance to exceed the 1.5 floor area limit for a duplex that has a
floor area of 2,595 square feet (excluding the 200 square feet allowed for garages)
results in a 1.00 FAR, which is consistent with the typical lots within the block and
allows the property the right to maintain the duplex with a similar FAR to other
residential development on Balboa Island.
3. The proposed encroachment into the side yard setback, consistent with the existing
structure, is reasonable in this case due to the unusual triangular shape that limits
the buildable area. The encroachment would afford the property owner a more
usable buildable area.
08 -09 -2013
Planning Commission Resolution No. ####
Paqe 4 of 8
4. The duplex has existed since 1951 with a one -car garage for each unit. The existing
structure and lot characteristics provide no additional area on the first floor to add
more parking without removing Unit -1.
Finding:
D. Granting of the Variance will not constitute a grant of special privilege inconsistent with
the limitations on other properties in the vicinity and in the same zoning district; and
Facts in Support of Finding:
1. The FAR is a method to compare the maximum square footage allowed on a site
based on the lot size. Using an FAR comparison to determine the appropriate
maximum square footage allowed on a site provides equity for sub - standard lots
without granting a special privilege. The proposed floor area results in an FAR of
1.00 (excluding the 200 square feet allowed for garages), which is less than the
1.02 FAR of typical lots within the block, ensuring that the increased floor area
does not result in a special privilege not enjoyed by other property owners in the
vicinity.
2. The proposed side yard setback along E. Bay Front Alley of 2 feet 6 inches is
consistent with the existing structure does not result in a special privilege because
a typical lot within the block enjoys a 24- foot -wide rear yard setback abutting the
alley of which an encroachment to within 2 feet 6 inches of the property line is
allowed on the second floor by right. Additionally, the side yard is not abutting a
residential lot as do the typical side yards within the block.
3. The existing duplex has been maintained with only a one -car garage for each unit
since 1951. For a typical lot on Balboa Island that is developed with a duplex
constructed per an old Zoning Code requirement of one garage space per unit, a 10
percent addition is permitted up to the maximum square footage allowed. Additions
within the 10 percent often accommodate a room addition.
E. Granting of the Variance will not be detrimental to the harmonious and orderly growth of
the City, or endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of persons residing or working in
the neighborhood; and
Facts in Support of Finding:
1. The size of the duplex with the proposed addition is proportionate to other single -
family and duplexes within the block and neighborhood of Balboa Island.
2. The proposed addition that encroaches 1 foot 6 inches into the side yard setback
along E. Bay Front Alley still provides 2 feet 6 inches in line with the existing
structure that is an adequate setback consistent with the neighborhood pattern of
08 -09 -2013
Planning Commission Resolution No. Ott
Pace 5 of 8
development ensuring the protection of air, light, and separation with adjacent
properties.
3. The proposed encroachment is abutting an alley and it does not inhibit circulation
or access of the subject lot or of lots across the alley.
4. The design of the structure includes articulation, modulation, and open volume with
an existing balcony and a new balcony.
5. Duplexes within the Balboa Island neighborhood were typically built with one -car
garages for each unit, were built with smaller than your average dwelling unit, and
are typically afforded small one -room additions, per the non - conforming section of
the Zoning Code, that are not considered as detrimental to the neighborhood.
F. Granting of the Variance will not be in conflict with the intent and purpose of this Section,
this Zoning Code, the General Plan, or any applicable specific plan.
Facts in Support of Finding:
1. The intent of floor area limits (FAL) is to ensure each residential structure can be
developed with a reasonable sized dwelling in relationship to the lot size and
setbacks; however, in this case, utilizing the FAIL disproportionally reduces the
buildable area on this lot due to the irregular triangular shape and the larger front
yard setback requirement. Additional floor area above the allowed FAIL, would
provide for the construction of a master bedroom addition that allows the existing
duplex to be consistent with other developments within the block and within the
Balboa Island neighborhood.
2. The intent of the side yard setback is to provide adequate separation for light, air,
and usable outdoor living space adjacent to other residential properties. The
proposed 2- foot -6 -inch setback along E. Bay Front Alley leaves adequate
separation for light, air as it is abutting the alley and is not a typical side that abuts
a residential development. On Balboa Island, most properties have a 24- foot -long,
5- foot -deep rear yard setback abutting the alley which, per the Zoning Code a
second floor can cantilever to within 2 feet 6 inches of the property line. The
encroachment also allows the proposed balcony to create usable outdoor living
space within the irregularly shaped area.
3. The addition and the existing duplex meet the height limits of the R -BI Zoning
Designation.
4. The requested Variance is consistent with the intent of the Zoning Code and the
General Plan because the proposed deviations from the Zoning Code allow for the
maintenance of an existing duplex with a comparable FAR to other properties
within the block and neighborhood of Balboa Island. The addition maintains the
design of the existing duplex that provides usable open volume area, articulation
and modulation resulting in bulk that is consistent with other properties in the block
08 -09 -2013
Planning Commission Resolution No. ####
Paqe 6 of 8
and neighborhood of Balboa Island. The addition of the master bedroom is
comparable to additions that are provided for by right within the Zoning Code for
existing duplexes of a similar size that have less than the required number of
parking spaces.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Variance No.
VA2013 -005, 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 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 19" DAY OF SEPTEMBER, 2013.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Bradley Hillgren, Chairman
MU
Kory Kramer, Secretary
08 -09 -2013
Planning Commission Resolution No. ####
Pace 7 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The master bedroom addition and balcony shall maintain the 8 -foot front yard setback
and shall not encroach further than the existing structure into the E. Bay Front Alley
side yard setback maintaining 2 feet 6 inches to the property line.
4. The gross square footage including the garages with the addition of the master
bedroom shall not exceed 2,795 square feet.
5. 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 Use
Permit.
6. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
7. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Variance file.
The plans shall be identical to those approved by all City departments for building
permit issuance. The approved copy shall include architectural sheets only and shall
be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the
elements approved by this Variance and shall highlight the approved elements such
that they are readily discernible from other elements of the plans.
8. Prior to issuance of building permits, approval from the California Coastal Commission
shall be required.
9. 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
Division.
10. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner, or the leasing agent.
08 -09 -2013
Planning Commission Resolution No. ####
Paqe 8 of 8
11. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved
in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
12. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the 216 Crystal Avenue Variance including, but not
limited to, the Variance No. VA2013 -118. This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this condition. The applicant shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
Building Division Conditions
13. The development shall comply with the Residential Code CRC 2010.
14. The garages shall provide a minimum door opening of 8- feet -wide for car.
15. Building shall be one hour rated construction due to unit overlapping conditions and to
include sound rating.
16. For the purpose of fire protection ratings of exterior walls and opening, the center line
of the alley may be considered the property line.
17. The development site is subject to liquefaction zone policy and flood Zone; therefore,
the structure shall comply with liquefaction and FEMA guideline policy.
08 -09 -2013
Attachment No. PC 2
Draft Resolution for Denial
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DENYING VARIANCE NO. VA2013-
005 FOR AN ADDITION TO AN EXISTING DUPLEX LOCATED
AT 216 CRYSTAL AVENUE PA2013 -216
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Art Kent, with respect to property located at 216 Crystal
Avenue, and legally described as Lot 9, Block 5 requesting approval of a Variance.
2. The applicant requests a variance to allow the following improvements to a
nonconforming duplex with an existing square footage of 2,417 square feet: 1) a
second story addition of 378 square feet which would exceed the maximum allowed
floor area of 2,366 square feet; 2) an addition greater than 10 percent of the existing
square footage and beyond the maximum allowed square footage without providing
the required number of parking spaces (2 per unit in a garage); and 3) a 1- foot -6 -inch
encroachment into the 4 -foot side yard setback along East Bay Front Alley.
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 High Density Residential (RH -A), 20.1 -30 Dwelling Units /Acre.
5. A public hearing was held on September 19, 2013, 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under Section
15301 of the California Environmental Quality Act (CEQA) Guidelines — Class 1
(Existing Facilities).
2. The project is an addition to an existing structure that is less than 50 percent of
the existing structure and is located on a developed site with no environmentally
significant resources present.
Planning Commission Resolution No. ####
Paqe 2 of 2
SECTION 3. FINDINGS FOR DENIAL.
The Planning Commission may approve a variance only after making each of the required
findings set forth in Section 20.52.090 (Variances). In this case, the Planning Commission
was unable to make the required findings based upon the following:
1. The Variance application for the proposed addition to the existing duplex is not
consistent with the legislative intent of Title 20 of the Municipal Code and that findings
required by Section 20.52.090 are not supported in this case. The proposed project
may prove detrimental to the community.
2. The design, location, size, and characteristics of the proposed project are not
compatible with the single- or two -unit dwellings in the vicinity. The development may
result in negative impacts to residents in the vicinity and would not be compatible with
the enjoyment of the nearby residential properties.
08 -09 -2013
Attachment No. PC 3
Plans Including Color Renderings
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Addition of 378 square foot master bedroom
Variance
Exceed floor area by 429 sq. ft. (2,366 sq.
ft . )
Encroach 1 foot 6 inches into side setback -
line -up with existing structure
Existing parking —1 car garage for each unit
:)mparison to Typical Lo-'
216 Crystal Ave
Total Lot Area: 2,586 sq ft
216 Crystal Ave Total Buildable Area: 1,444 sq ft
Front Set Back Area: 758 sq ft L\
True Floor Area to Lot Area Ratio (FAR) = 0.84
2� \v�
210 Crystal Ave
Total Lot Area: 2,550 sq ft
Total Buildable Area: 1,728 sq ft
True Floor Area to Lot Area Ratio (FAR) = 1.02
210 Crystal Ave (Typical Lot Size)
Front Set Back Area: 240 sq_ft
Front yard setback area > 3 times the typical
front yard
■ l.00 FAR is less than typical lot (1.02)
recent approvals of 1.04 FAR
Setback in -line with existing structure
maintains adequate access and circulation
One -car garage provided for each unit
Z,
07/13/2012
Community Development Department- Planning Division
07/13/2012
Community Development Department- Planning Division
Proposed
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For more information contact:
Melinda Whelan
949-644 -3221
mwhelan@newportbeachca.gov
www.newportbeachca.gov
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