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Home My WebLink About06 - Planning Commission Amendment 896i �gw c o F D • V ¢,�� CpRr S CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Hearing Date: Agenda Item No -: Staff Person: January 25, 2000 21 Eugenia Garcia (949) 644 -3208 REPORT TO THE MAYOR AND CITY COUNCIL A3.- WO-0 SUBJECT: Amendment to front yard setbacks on Alvarado Place (Planning Commission Amendment No. 896) SUMMARY: An amendment to Districting Map No. I 1 to establish an 8 foot front yard setback on Alvarado Place and delete the established 8 foot front yard setback on East Bay Avenue, in conjunction with the construction of a new single family dwelling at 301 Alvarado Place. The two lots are currently developed fronting on Alvarado Place and the Districting Map establishes East Bay Avenue as the front of the corner lot. ACTION: Conduct public hearing; introduce Ordinance No. 2000- for Amendment 896, and pass to second reading on February 8, 2000. On January 6, 2000, the Planning Commission held a public hearing and voted unanimously to recommend approval of the amendment to the City Council. An excerpt of the draft minutes of the Planning Commission, and a copy of the staff report prepared for their consideration are attached for the information of the City Council. This proposal is to establish a front setback of 8 feet on Alvarado Place for two properties that have been reoriented to front on Alvarado Place. The comer property at 301 Alvarado Place has an existing front setback of 8 feet on East Bay Avenue, established by the Zoning Districting Map. The interior property has an existing default front setback of 20 feet on Alvarado Place. The Planning Commission and staff recommend the establishment of an 8 foot front setback on Alvarado Place and the deletion of the 8 foot front yard setback on East Bay Ave., since the front setback of other properties on Alvarado Place is 8 feet. Submitted by: PATRICIA L. TEMPLE P Planning Director �MIn�Q Attachments: Prepared by: EUGENIA GARCIA Associate Planner 1. January 6, 2000 Planning Commission staff report for Amendment No. 896 2. Draft Ordinance 3. Excerpt of the Planning Commission minutes of January 6, 2000 aE roRr CITY OF NEWPORT BEACH Hearing Date.- January 6, 2000 o °• °, COMMUNITY and ECONOMIC DEVELOPMENT Agenda Item No.: 3 �; �•s PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD Staff Person: Eugenia Garcia NEWPORT BEACH. CA 92658 Phone number: (949) 644 -3208 (949) 644 -3200: FAX (949) 644 -3250 Appeal Period: 14 Days REPORT TO THE PLANNING COMMISSION SUBJECT: Haggstrom and Lakes Residences (Rodney Lee Haggstrom, applicant) 301 and 305 Alvarado Place PURPOSE OF APPLICATION: Amendment to revise Districting Map No. 11 to establish an 8 foot front yard setback on Alvarado Place and delete the established 8 foot front yard setback on East Bay Avenue, in conjunction with the construction of a new single family dwelling at 301 Alvarado Place. The two lots are currently developed fronting on Alvarado Place and the Districting Map establishes East Bay Avenue as the front of the corner lot. LOCATION: Lots 69, 70 and 71, Block C, Newport Bay Tract and a portion of a vacated alley northerly of 305 Alvarado Place. ACTION: Hold hearing; if desired, adopt Resolution No. recommending to the City Council approval of • Amendment No. 896 ZONE: R -1 OWNER: Rodney Lee Haggstrom, Yorba Linda, and Robert L. Lakes, Newport Beach Points and Authority • Environmental Comoliance (California Environmental Ouality Actl It has been determined that this project is categorically exempt under Class 5 (Minor Alterations in Land Use Limitations). • Conformance with the General Plan and Local Coastal Program The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the properties for "Single Family" residential use, which permits single family residences. • Amendment procedures are set forth in Section 20.94.020 (B) of the Newport Beach Municipal Code. 0 R•3 C e R� 1 • R 0. 8 Jo, $ti e N R-/ ) R;z VICINITY MAP. R\ R 9� A' i y J Sp. 4`7 Sp F B S •�=rP 8 P Sp'@ e., Q SP,B 4 i C �J\ e Sq B 9 'r�'•a 1 h� \ dt Na-'sP-8 AMENDMENT NO. 896 '6. Current Development: The subject properties are comprised of two parcels of land occupied by a single family dwelling on each parcel. To the north: Are single family detached dwellings. To the east: Across Alvarado Place, are single - family dwellings To the south: Across East Bay Avenue, are two family - dwellings To the west: Across Medina Way are one and two - family dwellings. A896 January 6. 2000 Page 2 J Background 9 The subject properties are developed with single family dwellings that front on Alvarado Place. The two parcels are comprised of portions of three lots that were part of the original subdivision that fronted on East Bay Avenue. The tract was developed in the 1920's and the lots were subsequently divided in half and reoriented towards Alvarado Place without the benefit of a parcel map. The Zoning Districting Map establishes a front yard setback of 8 feet on East Bay Avenue for the corner lot (301 Alvarado Place), and the standard 20 foot front yard setback required for the R -1 District automatically applies to the interior lot (305 Alvarado Place). Analysis The property owner of 301 Alvarado Place is proposing to construct a new dwelling and is requesting a change to the Districting Map to eliminate the required 8 foot front yard setback on East Bay Avenue, and to establish an 8 foot front yard setback on Alvarado Place, because the proposed dwelling will front on Alvarado Place. Additionally, with the exception of the adjacent lot (305 Alvarado Place), properties on this side of the block maintain an 8 foot front yard setback on Alvarado Place, as established on the Districting Maps. The proposed change to the Districting Map will allow the property owners to develop the subject properties with similar setbacks and comparable size dwellings, as other properties on this side of the street. r L A896 January 6, 2000 Page 3 14 0 PROJECT CHARACTERISTICS Address Lot Existing Setbacks Existing Existing Proposed Setbacks Proposed Proposed Size Buildable Bldg.-to- Buildable Bldg. to Area x 2 Land Area Land Area Area Ratio Ratio 301 75 x 36 Front: 8 ft., E. Bay Ave . 67 x 18 ft. .893 Front: 8 ft., Alvarado Pl. 30 x 67 ft. 1.488 Alvarado ft. = Sides: 4 ft., Alvarado Pl. = 1,206 Sides: 3 ft., E. Bay Ave. =2,010 sq. Place 2,700 4 ft., Medina Way sq. ft. x 2 3 ft., interior ft. x 2 = sq. ft. Rear: 10 ft, interior = 2,412 Rear: Oft., Medina 4,020 sq. sq. ft. Way ft. 305 42.5 x Front: 20 ft., Alvarado PI. 34.5 x 55 1.19 Front: 8 ft., Alvarado PI. 34.5 x 67 1.45 Alvarado 75 = Sides: 4 ft. ft. = Sides: 4 ft. = 2,311.5 Place 3,187.5 Rear: 0 ft., Medina Wy. 1,897.5 x Rear: Oft., Medina Way x2= sq. ft. 2 = 3,795 4,623 sq. ft. Standard 30 x 75 Front: 8 ft., Alvarado PI. 24 x 67 ft. 1.43 1.43 Lot ft. = Sides: 3 = 1,608 2,250 Rear: Oft., Medina Wy. sq. ft. x 2 sq. ft. = 3,216 sq. ft. As indicated in the chart above, the standard lot size for the original tract is 30 x 75 with a gross sq. footage of 2,250. The subject lots are slightly larger at 2,700 sq. ft. (301 Alvarado Place), and 3,187.5 sq. ft. (305 Alvarado Place)' The building -to -land area ratio for the lot at 301 Alvarado Place is .893, which is substantially less than the standard lot in the area (1.43). Since the requirement for the R -I District of 20 feet on the front would automatically apply to the property at 305 Alvarado Place, the building-to-land area ratio is 1.19. Without an amendment to the Districting Map, both properties are limited in the ability to construct comparable floor area as other properties in the neighborhood. Additionally, an 8 foot front yard setback is consistent with the front yard setbacks of other residential development along Alvarado Place. It should be pointed out that if the required 20 foot front yard setback and the existing 8 foot front yard setback on East Bay Avenue were applied to both properties without the proposed amendment, it is likely that future development would result in a request for a variance on one or both of the properties. All other setbacks for the existing and proposed dwellings will conform to the Code. CONCLUSION AND RECOMMENDATION Staff has reviewed various alternatives to this request and is of the opinion that the proposed amendment will establish front yard setbacks that are typical in the neighborhood, particularly because of the change in orientation of the lots since the tract was originally established. Since new development is proposed for one of the lots, there is also the potential for redevelopment of the • ' The subject properties are slightly larger due to their composition, portions of three lots. 305 Alvarado Place gained an additional 7.5 ft. in additional width with an adjacent alley vacation in 1941. A896 Jmuary 6, 2000 Page 4 J other lot, resulting in new structures with the same front yard setbacks as the other properties in the neighborhood. Therefore, staff recommends that the Planning Commission recommend the approval of Amendment No. 896 to the City Council with the findings contained in the draft resolution. Submitted by: PATRICIA L. TEMPLE Planning Director Attachments: Districting Map No. 11 Resolution Letter from Applicant Prepared by: EUGENIA GARCIA Associate Planner i A896 January 6, 2000 Page 5 11 91 0 ORDINANCE 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENTS TO DISTRICTING MAP NUMBER 11, SO AS TO ESTABLISH AN 8 FOOT FRONT YARD SETBACK FOR TWO PROPERTIES LOCATED AT 301 AND 305 ALVARADO PLACE, AND DELETE THE 8 FOOT FRONT YARD SETBACK REQUIREMENT ON EAST BAY AVENUE FOR THE PROPERTY LOCATED AT 301 ALVARADO PLACE [AMENDMENT 8961 WHEREAS, the Planning Commission initiated an amendment to change the front yard setbacks for two properties on Alvarado Place between Alvarado Place and Medina Way; and WHEREAS, on January 6, 2000, the Planning Commission of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, on January 25, 2000, the City Council of the City of Newport Beach held public hearings regarding this amendment; and WHEREAS, the public was duly noticed of the public hearings; and WHEREAS, pursuant to the California Environmental Quality Act (CEAQ), it has been determined that the proposed amendment is Categorically Exempt under Class 5 (Minor Alterations in Land Use Limitations). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Districting Map Number I1 shall be amended to read as provided in attached Exhibit "A." SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. 7 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on January 25, 2000, and adopted on the 8th day of February, 2000, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 2 r 0 r1 4 'r 2 II2 _ 9 j ey / h : !¢ T P h V Z j CL + QO E ZF¢0 FOB 5 � � F NNE, rs `oo ` Q o GJ 5 Ny. s e � s ', 4 Q a _�•� Fr F- °~ Wd !0 0� yy f0 U iy8 d Q ° ysl O tai 9 LLI Z � Q ! •s°q, � p ,ps � / /Y a F'i: •5 a yQn ° � � d ��•'i '•!s^ •6- [(��/ p $° Q Q � Q �$1c• a z Ypi]a == � °v.VV,yay4:�p 5 2ZEa•v @ �^ t4xa�q�y ZION o :e .p j °wm -=7 e":• !! i •+p� y%`� -5- Y,r Q-^ �•d m � / � aYY48 �` p@ Fp@"E"g "' ac. u 8 �" ia�an � o y y / T B. �bbb1 ]i� Q� C /�}• V a � 0�7 i��`"E1 =Ye~i �i < c Ilap g, I 1 d 1 S di o d ee o o rc g 'r City of Newport Beach Planning Commission Minutes January 6, 2000 SUBJECT: Haggstrom and Lakes Residences (Rodney Lee Haggstrom, applicant) 301 and 305 Alvarado Place • Amendment No. 896 Amendment to revise Districting Map No. 11 to establish an 8 foot front yard setback on Alvarado Place and delete the established 8 foot front yard setback on East Bay Avenue, in conjunction with the construction of a new single family dwelling at 301 Alvarado Place. The two lots are currently developed fronting on Alvarado Place and the Districting Map establishes East Bay Avenue as the front of the comer lot. Commissioner Kranzley stated he visited the site the previous day and noted that it was in an extremely unsafe condition. Associate Planner Eugenia Garcia reported that she had contacted the Building Department at the request of Commissioner Kranzley. The Chief Building Inspector sent an inspector to the site and reported back to Mrs. Garcia that they had received a complaint about unsafe conditions and debris at the site a week ago. When the inspector made the second inspection, they reported that the site had been somewhat cleaned up. Commissioner Kranzley stated the demolition site is still very unsafe with broken glass, etc., and some precautionary measures should be taken. Mrs. Garcia will request that the Building Department look into the matter further. Public comment was opened. Paul Medina, 307 Medina Way. Mr. Medina noted he is glad to know the Commission is concerned about the safety and condition of the subject site. He requested that the Commission include a condition that would require the property owner or contractor to put a fence around the site now and during construction. His concern is based on a situation that took place 13 years ago on a construction site nearby when a fire was started by children which was put out with no serious damage. Chairman Selich asked Ms. Clauson if the Commission had the ability to place such a condition on this type of permit. Ms. Clauson replied that the Commission did not, but the Building Department could. This request was so noted by Staff. Motion was made by Commissioner Fuller to adopt Resolution No. 1515, recommending to the City Council approval of Amendment No. 896. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley, Tucker Noes: None Absent: None Abstain: None 13 INDEX Item No. 3 Amendment No. 896 Approved L_J 0 E i6 0 • RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUCIL AN AMENDMENT TO DISTRICTING MAP NO. 11, SO AS TO ESTABLISH AN 8 FOOT FRONT YARD SETBACK FOR TWO PROPERTIES LOCATED AT 301 AND 305 ALVARADO PLACE, AND DELETE THE 8 FOOT FRONT YARD REQUIREMENT ON EAST BAY AVENUE FOR THE PROPERTY LOCATED AT 301 ALVARADO PLACE WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, the proposal is consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan since the lots are designated for single - family development, a permitted use in this area, and WHEREAS, the proposed amendment has been determined to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 5 (Minor Alterations in Land Use Regulations); and WHEREAS, Section 20.94.020 of the Newport Beach Municipal Code provides that Title 20 (the Zoning Code) may be amended by establishing setbacks and other provisions whenever the public necessity, convenience and the public welfare require such amendment; and WHEREAS, The proposal will not be detrimental to persons, property or improvements in the neighborhood and the amendment, as approved, would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reason: the establishment of an 8 foot front yard setback along the Alvarado Place frontages of both A896 January 6, 2000 I� Page 6 properties will provide a more consistent and uniform street -side setback for the subject properties in relation to other properties along Alvarado Place; and WHEREAS, the Planning Commission desires to recommend to the City Council, an amendment to Districting Map No. 11 of Title 20 of the Newport Beach Municipal Code, to establish an 8 foot front yard setback from the front property lines on Alvarado Place and delete the 8 foot front yard setback on East Bay Avenue, due to a reorientation of two lots from East Bay Avenue to Alvarado Place. WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the Planning Commission to adopt a resolution recommending amendments to the Zoning Code or Districting Maps of the City of Newport Beach, and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Beach to recommend to the City Council, an amendment to Title 20 of the Newport Beach Municipal Code to revise Districting Map No. 11 to establish an 8 foot front yard setback on Alvarado Place, for 2 lots located at 301 and 305 Alvarado Place, and the deletion of an 8 foot front yard setback on East Bay Avenue for the property located at 301 Alvarado Place. RM MM Edward Selich, Chairman Richard Fuller, Secretary AYES NOES ABSENT I] A896 lm my6.2000 �� Page 7 HS CONSTRUCTION ° Ilg Bonded &Insured •License N553310 DEC. 1,1999 TO CITY OF NEWPORT BEACH; REGARDING THE PROPERTY AT 301 ALVARADO. I AM STARTING THE DEMOLITION OF THE EXISTING 1927 YEAR HOME TO BUILD A NEW CUSTOM HOME TO CONFORM WITH MOST OF THE HOMES AROUND THE VICINITY. IN DOING SO, I HAVE FOUND THAT THIS PROPERTY WAS REZONED TO CON- FORM WITH THE REST OF THE BLOCK BY TAKING # LOTS AND SPLITTING THEM INTO 2. BUT THEY NEVER CHANGED THE SETBACKS TO CONFORM WITH THE REST OF THE BLOCK BY MAKING ALVARADO THE FRONT OF THE PROPERTY AND BAY AVE THE SIDE. I AM GOING TO BUILD A HOME WITH THE FRONT DOOR FACING ALVARADO AND WITH THE EXISTING SETBACKS OF 8' AND 10' ON THE BAY AVE SIDE AND BETWEEN THE NEIGHBORS HOUSE RESPECTIVELY I AM LIMITED TO 17' FOR BUILDING AREA WITH THESE EXISTING SETBACKS. IF WE CHANGE AND AMEND THE DISTRICT MAPS TO READ ALVARADO AS THE FRONT AND BAY AVE AS THE SIDE THIS WILL GIVE ME ONLY A LOSS OF BUILDING SPACE FOR THE WIDTH OF THE .PROPERTY OF6', THEREFORE GIVING ME A WIDTH TO BUILD OF,29' INSTEAD OF THE EXISTING 18'. THIS AMENDMENT OF THE DISTRICT MAPS SHOULD HAVE BEEN DONE AT THE TIME OF THE REZONING OF THE PROPERTY. PLEASE NOTE IN YOUR DECISION OF THIS AMENDMENT THAT I HAVE NOT ONLY SPENT $1,941.00 FOR THIS AMENDMENT BUT, I WILL BE BEING DISCRIMINATED AGAINST TO NOT BE ALLOWED THE SAME AD- VANTAGE AS ANY OF THE OTHER NEIGHBORING PROPERTIES OF THESE SETBACKS OF THE FRONT BEING ALVARADO,THE SIDES BEING BAY AVE AND THE BACK BEING THE ALLEY. AFTER ALL HOW CAN I POSSABLY BUILD A HOUSE WITH A WIDTH OF 17'. THANK YOU VERY MUCH FOR . TAKING TIME TO ANSWER MY REQUEST FOR THIS AMENDMENT. RODNEY LEE HAGGSTROM (OWNER) 301 ALVARADO PL. NEWPORT BEACH, CA 17947 Sun Hill Dr. • Yorba Linda, CA 92886 '3 (714) 528 -2797 • Fax (714) 996 -9750