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Home My WebLink About3.0 - Peterson Setback Determination - PA2014-195 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 5, 2015 Meeting Agenda Item No. 3 SUBJECT: Peterson Setback Determination - (PA2014-195) 706 Park Avenue • Staff Approval No. SA2014-028 APPLICANT: Sally Peterson OWNER: Sally Peterson PLANNER: Jason Van Patten, Planning Technician (949) 644-3234, jvanpatten@newportbeachca.gov PROJECT SUMMARY A request for alternative setback areas due to the orientation of the lot and development limitations created by the required setbacks. Specifically, the proposal is to reduce the front setback area abutting Park Avenue from 20 feet to 5 feet and the rear setback area abutting 204 Ruby Avenue from 10 feet to 4 feet. The applicant would maintain the required 4-foot side setback areas abutting 200/202 Ruby Avenue and the alley. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Staff Approval No. SA2014-028 (Attachment No. PC 1). INTRODUCTION Project Setting The subject property fronts Park Avenue between Ruby Avenue and Diamond Avenue on Balboa Island and measures 42.5 feet wide and 60 feet deep, for a lot area of 2,550 square feet. The lot is developed with a two-unit dwelling that was constructed in 1954. Adjacent properties are similarly developed with two-unit residential dwellings. The lot orientation is a result of a subdivision of the original Lot 17 and 18 that occurred prior to the City's subdivision ordinances that were enacted in 1959. Therefore, the subject property is a legal lot. 1 V� QP �P Peterson Setback Determination Planning Commission, March 5, 2015 Page 2 VICINITY MAP Rn V SP—Subject Property Rn to 210 vz C—Compared Property 211_ 210 .y "zoe ns zaR to 8 lzoe � t « `zzz zm vz zaz 6 8 RM _ zoS v2 zos to C i ROS 200 IL '�I 20R 12 C 00R 0n' C e 200 V C x126 PL j 2 GENERAL PLAN ZONING ItMW LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE RT Two-Unit Residential R-BI Balboa Island Two-unit dwelling NORTH RT R-BI Two-unit dwelling SOUTH RT R-BI Two-unit dwelling EAST RT R-BI Two-unit dwelling WEST RT R-BI Two-unit dwelling 3 V� QP �P Peterson Setback Determination Planning Commission, March 5, 2015 Page 3 DISCUSSION Analysis Zoning Code Section 20.30.110.0 (Alternative Setback Area Location) allows the Community Development Director to redefine the location of setback areas in cases where the orientation of an existing lot and the application of the setback areas are not consistent with the character or general orientation of other lots in the vicinity. To ensure surrounding property owners are notified, the Community Development Director referred the request to the Planning Commission for consideration and final action. To determine the appropriate setback requirements for the subject property, staff analyzed setback area compatibility with neighboring properties and other development standards as detailed below. Setback Compatibility Pursuant to Table 2-3 of Zoning Code Section 20.18.030 (Residential Zoning Districts General Development Standards), the property is required to provide a 20-foot front setback area at the southerly property line (abuts Park Avenue), a 4-foot side setback area at the westerly (abuts 200/202 Ruby Avenue) and easterly property lines (abuts alley), and a 10-foot rear setback area at the northerly property line (abuts 204 Ruby Avenue). By definition, the lot line fronting the street is considered the front of the property. The rear lot line is opposite the front lot line, and lot lines that are not a front or a rear are considered side lot lines. Given the applicable setback areas, development on the subject lot is limited relative to a typical lot on the block as depicted in Figure 1. Figure 1: Setback Comparison CODE REQUIRED SETBACKS PROPOSED SETBACKS 85' 0 4 85' i �------- `o Typical Lot on Block m o Typical Lot on Block d w {`2 Q O n b n N -- - - T kTe - - - � AL 4'Rear _ 10'Rear W Q Q Q l Q a cc rnl 706 Park Avenue N cc m v NI 706 Park Avenue N o vl 20'Front 5'Front IF 42.5' it 42.5' Park Avenue Park Avenue .�J Peterson Setback Determination Planning Commission, March 5, 2015 Page 4 The applicant proposes to reduce the 20-foot front setback area to 5 feet and the 10-foot rear setback area to 4 feet. The applicant would maintain the required 4-foot side setback areas. Staff believes the proposed setback areas are compatible with surrounding properties and typical lots on the block that are oriented towards Ruby Avenue. Had the subject property remained consistent in orientation with lots on the block, the proposed 4-foot rear setback area would be the standard side setback required by the Zoning Code. The proposed 5-foot front setback area is appropriate because it provides a reasonable setback from Park Avenue and will allow for the development of a single-unit or two-unit dwelling on the property that is within the range of sizes at nearby lots, as shown in Table 1. Alley Setback Restriction Jr NIL Power -. le -roperty EncroachmentVLimit of '7Subj - ..- In addition to redefining setbacks, staff recommends limiting the encroachment of accessory structures (eg. fences, hedges, walls) in the alley side setback area. Typically, lots are oriented with a rear setback area adjacent to the alley, and in those instances, the Zoning Code prohibits setback encroachments for the purpose of maintaining access to a garage or carport and to provide enhanced vehicular maneuverability through the alley. In this case, the alley is adjacent to a side setback area and encroachments are not restricted by the Zoning Code. However, approximately S feet of clearance is currently provided between an existing power pole in the alley and the subject property's side lot line, severely limiting access through the alley. Therefore, staff recommends limiting above grade encroachments to two feet into the proposed 4-foot alley side setback for the purpose of maintaining adequate vehicle maneuverability through the 10-foot wide alley. The existing above grade curb is also subject to this limitation and would be required to be lowered at the time of redevelopment. Should the existing power pole be removed or relocated such that 10 0 Peterson Setback Determination Planning Commission, March 5, 2015 Page 5 feet of clearance is provided through the alley, the above referenced encroachment limitation would no longer apply. Comparison of Floor Area Table 1 provides a summary of lot area, buildable area, floor area limit (FAL), floor area ratio (FAR), and setback area as a percentage of the lot area for the subject property, and other properties in the vicinity. FAL represents the maximum square footage allowed for a given lot. FAR is a ratio of the floor area limit to the lot area and is a method for comparing the maximum square footage allowed on a lot relative to the lots size. Table 1: Comparison of Floor Area Width(FT) Depth(FT) Lot Area Buildable Area FAL FAR Setback as (SF) (SF) (SF) (SF) %of Lot Subject Lot Code Requiredl Required42.5 1 60 2,550 1,035 1,753 0.69 59.40% ProposedProposedl 42.5 1 60 2,550 1 1,760 1 2,840 1 1.11 1 31.0% Typical Lot on Block 204-226 Ruby Avenual 30 1 85 1 2,550 1 1,752 1 2,828 1 1.11 1 31.3% Nearby Lots 201 Diamond Avenue 30 85 2,550 1,680 2,720 1.07 34.1% 127 Diamond Avenue 30 85 2,550 1,680 2,720 1.07 34.1% 201 Rub Avenue 30 85 2,550 1,680 2,720 1 1.07 34.1% 126 Ruby Avenue 30 85 2,550 1 1,728 2,792 1 1.09 32.2% 127 Ruby Avenue 30 85 1 2,550 1,800 2,900 1.14 29.4% The proposed setbacks result in an FAL of 2,840 square feet, nearly identical to a typical lot on the block (2,828 square feet), and an FAR of 1.11, which is within the range of nearby lots that have the same lot area. Alternatives The Planning Commission could approve the setback area requirements as requested by the applicant, modify the setback area requirements, or deny the application (Attachment No. PC 2). If the application is denied, the subject property would retain the default 20-foot front setback area, 10-foot rear setback area, and 4-foot side setback areas, and would limit the allowable floor area that may be constructed on the property relative to a typical lot on the block. Environmental Review The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations). Class 5 exempts minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or 7 Peterson Setback Determination Planning Commission, March 5, 2015 Page 6 density. The proposed project will alter the required setback areas, but will not result in any physical change to the lot or existing structure, or any changes in land use or density. 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: Jas6q Van Patten *rn isnes i, ICP, Deputy Director Planning Technician ATTACHMENTS PC 1 Draft Resolution to Approve PC 2 Draft Resolution to Deny PC 3 Applicant's Project Description 8 Attachment No. PC 1 Draft Resolution to Approve 9 V� QP �P 20 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING STAFF APPROVAL NO. SA2014-028 FOR AN ALTERNATIVE SETBACK DETERMINATION LOCATED AT 706 PARK AVENUE (PA2014-195) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sally Peterson, property owner, with respect to property located at 706 Park Avenue, and legally described as the east one-half of Lots 17 and 18 in Block 10, of Section 2, Balboa Island, requesting a staff approval for an alternative setback determination. 2. The applicant proposes alternative setback areas due to the existing orientation of the lot and development limitations created by the code required setback areas. The proposal is to reduce the front setback area abutting Park Avenue from 20 feet to 5 feet and the rear setback area abutting 204 Ruby Avenue from 10 feet to 4 feet. The applicant would maintain the required 4-foot side setback areas abutting 200/202 Ruby Avenue and the 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 Two-Unit Residential (RT-E). 5. Zoning Code Section 20.30.110.0 (Alternative Setback Area Location) allows the Community Development Director to redefine the location of setback areas in cases where the orientation of an existing lot and the application of the setback areas are not consistent with the character or general orientation of other lots in the vicinity. To ensure surrounding property owners are notified, the Community Development Director referred this request to the Planning Commission for consideration and final action. 6. A public hearing was held on March 5, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 11 Planning Commission Resolution No. Page 2 of 3 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations). 2. Class 5 exempts minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density. The proposed project will alter the required setbacks, but will not result in any physical change to the lot or existing structure, or any changes in land use or density. SECTION 3. REQUIRED FINDINGS. 1. The Municipal Code does not establish required findings for a review of a staff approval for an alternative setback determination. The setback areas requested were reviewed for consistency with lots in the vicinity based on an application of standard setback areas, the resulting floor area ratio (FAR), and other development standards. 2. The application of standard Balboa Island (R-BI) setback areas limit development on the lot and result in an FAR substantially lower than other lots in the vicinity and in the R-BI Zoning District. 3. The application of alternative setbacks will allow development on the property that is consistent with neighboring properties. 4. The applicant proposes to reduce the 20-foot front setback area to 5 feet and the 10-foot rear setback area to 4 feet. The applicant would maintain the required 4-foot side setback areas abutting 200/202 Ruby Avenue and the alley. 5. The proposed 4-foot setback area at the rear would be the standard side setback area requirement had the subject property remained consistent in orientation with lots on the block and in the surrounding area. In addition, the proposed 5-foot front setback area will allow for the development of a single-unit or two-unit dwelling on the property that is within the range of sizes at nearby lots and provides a reasonable setback from Park Avenue. 6. Accessory structures (eg. fences, hedges, walls) shall be limited to a maximum encroachment of two feet into the proposed 4-foot alley side setback for the purpose of maintaining adequate vehicle maneuverability through the 10-foot wide alley. Approximately, 8 feet of clearance is currently provided between an existing power pole in the alley and the subject property's side lot line. If the existing power pole is removed and or relocated such that 10 feet of clearance is provided through the alley, the above referenced limitation would no longer apply. 07-22-2014 12 Planning Commission Resolution No. Page 3 of 3 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Staff Approval No. SA2014-028, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 5T" DAY OF MARCH, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chairman BY: Jay Myers, Secretary 07-22-2014 13 �EwroR COMMUNITY DEVELOPMENT DEPARTMENT T 04 PLANNING DIVISION d� F 100 Newport Center Drive, Newport Beach, CA 92663 U x (949) 644-3200 Fax: (949) 644-3229 ""L1F�aN•D www.newr)ortbeachca.gov Exhibit A DETERMINATION OF ALTERNATIVE SETBACK AREA LOCATION SA2014-028 (PA2014-195) Date: March 5, 2015 Site address: 706 Park Avenue Section 20.30.110.0 (Setback Regulations and Exceptions): In cases where the orientation of an existing lot and the application of the setback area are not consistent with the character or general orientation of other lots in the vicinity, the [Community Development] Director may redefine the location of the front, side, and rear setback areas to be consistent with surrounding properties. The reorientation of setback areas is not applicable to the bluff overlay district. In this case the Community Development Director referred this request to the Planning Commission, which established the following alternative setbacks: Setback Area Setback Requirement Description Front 5 feet Park Avenue Rear 4 feet Northerly Property Line Side 4 feet Westerly Property Line Side 4 feet Alley Alley Side Setback: Accessory structures proposed within this side setback area shall maintain 2 feet to the property line until such time the existing power pole in the alley is removed or relocated such that a 10-foot clear passage is provided for vehicular maneuverability through the alley. On behalf of Larry Tucker, Chairman By: Jay Myers, Secretary Attachment: Setback Exhibit 1-� EXHIBIT "A" 10' 85' 204................. ...........................-----------....., Buildable Area: 0: 1 ,752 sf o :..................... ............................ ......... Q 200 . ........ Buildable 0 5 Area: 1 ,760 sf 7 Ow ........... PARK AVE 0 10 20 ",Wpf-)*I 706 Park Avenue mommon==Feet PA2014-195 \' Determination of Alternative e N ,Foa- Setback Area Locations E T PA2014-195 706 Park Ave 02117/2015 V� QP �P 2� Attachment No. PC 2 Draft Resolution to Deny 17 V� QP �P sg RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING STAFF APPROVAL NO. SA2014-028 FOR AN ALTERNATIVE SETBACK DETERMINATION LOCATED AT 706 PARK AVENUE (PA2014-195) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sally Peterson, property owner, with respect to property located at 706 Park Avenue, and legally described as the east one-half of Lots 17 and 18 in Block 10, of Section 2, Balboa Island, requesting a staff approval for an alternative setback determination. 2. The applicant proposes alternative setback areas due to the existing orientation of the lot and development limitations created by the code required setback areas. The proposal is to reduce the front setback area abutting Park Avenue from 20 feet to 5 feet and the rear setback area abutting 204 Ruby Avenue from 10 feet to 4 feet. The applicant would maintain the 4-foot side setback areas abutting 200 Ruby Avenue and the 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 Two-Unit Residential (RT-E). 5. Zoning Code Section 20.30.110.0 (Alternative Setback Area Location) allows the Community Development Director to redefine the location of setback areas in cases where the orientation of an existing lot and the application of the setback areas are not consistent with the character or general orientation of other lots in the vicinity. To ensure surrounding property owners are notified, the Community Development Director referred this request to the Planning Commission for consideration and final action. 6. A public hearing was held on March 5, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 19 Planning Commission Resolution No. #### Page 2 of 2 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. 1. The Municipal Code does not establish required findings for a review of a staff approval for an alternative setback determination. The setback areas requested were reviewed for consistency with lots in the vicinity based on an application of standard setback areas, the resulting floor area ratio (FAR), and other development standards. In this case, the Planning Commission was unable to find that the proposed setbacks were consistent with lots in the vicinity. 2. The alternative setback determination will be detrimental to the surrounding properties. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Staff Approval No. SA2014-028. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 5T" DAY OF MARCH, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chairman BY: Jay Myers, Secretary 07-22-2014 20 Attachment No. PC 3 Applicant's Project Description 21 V� QP �P gECEIVEO 19Y COA411UNITV SUBJECT PROPERTY: 706 Park Avenue FFB 19 2015 Balboa Island �s DCVELOOrAENT APN 050-092-14 OA, G� �eN?ORT 6�P LEGAL DESCRIPTION: The East one-half of Lots 17 and 18 in Block 10, of Section 2, Balboa Island, in the City of Newport Beach, as shown on a map recorded in Book 6, Page 31, of Miscellaneous Maps, in the Office of the County Recorder of said County. APPLICANT: Sally Peterson, Property Owner PROJECT SUMMARY A request for alternative setback areas is made due to the existing orientation of the lot and development limitations created by the required setbacks. Since the subject parcel has an orientation different from the typical Balboa Island parcel and does not front a north-south street, the Balboa Island setback requirements do not specify setbacks for the subject. Due to this, its current setbacks are those of a typical lot in Newport Beach, not a small Balboa Island lot. Thus, though the subject has a parcel of a size comparable to a typical Balboa Island lot, under its current setback requirements, it has a buildable area at just over half of typical. Specifically,this request is to reduce the front setback area abutting Park Avenue from 20 feet to 5 feet, the rear setback abutting 204 Ruby from 10 feet to 4 feet, and the side setback along the alley to 4 feet, and the side setback area abutting 200 Ruby would be changed to 4 feet. Project Setting The subject property fronts Park Avenue and sides the alley between Ruby and Diamond. It is of similar square footage as the typical lots in this neighborhood, but is the rear half of two lots. It has a frontage of 42.5', which is wider than the average lot (30 feet). It additionally sides the alley with an alley "frontage" of 60',where the typical lot has 30 feet along the alley. Front Rear East Side West Side Code Required 20' 10' 4' 4' As Improved 2' 1.5' Improvements 4' 3' Raised Walk 0' As Proposed 5' 4' 4' 4' Proposal Since the subject's current setbacks are not typical of the subject's neighborhood, I am requesting the following changes: Front The subject fronts Park Avenue. The subject improvements currently have a setback of 2 feet. For the typical lot along Park, this is the side yard and would have a 4 foot setback. A 5-foot setback is recommended. Rear Similarly, the subject's improvements are currently built to within 1.5 feet of the rear property line. The subject's rear is located where the typical lot's side yard would be. The required setback for a lot of over 40 feet in width would be 4 feet. West side The west is the subject's side line and sides to 200 Ruby. In conformance with the side setback requirements, a setback of 4 feet would be appropriate. East side-Alley The east is the other side line, requiring a 4-foot setback. Condition of approval would be that because of a utility pole's location into the alley which currently narrows passage, a fence/wall or similar may encroach 2 feet into the 4-foot alley setback. When the pole is removed or relocated, there would be no restriction for use of the full 4-foot side yard. Conclusion The proposed setbacks result in an FAL of 2,840 square feet and an FAR of 1.11 which is consistent with the area. 24