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Home My WebLink AboutPC Staff ReportTitle: CAP O.1 N :::- ; ` + COR ORATTD CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 6 March 4, 2013 PUBLIC HEARING - ZONE VARIANCE FOR A REDUCED REAR YARD SETBACK RELATED TO A RESIDENTIAL ADDITION AT 1624 SOUTH LANOITAN AVENUE. Case File No.: 2013-01 Z Location: West side of Lanoitan Avenue south of 16th Street Assessor's Parcel No.: 558-200-34 Staff Report By: Martin Reeder, AICP — Assistant Planner Applicant /Owner: Silvia Sotelo Plans Prepared By: Shift Design Combined General Plan/ RS-2 Zoning Designation; Parcel Size: 0.13 acres Adjacent Land Use/Zoning: North: Residential Use : RS-2 East: Residential Use across Lanoitan Ave. / RS-2 South: Residential Use / MXC-1 (Minor Mixed -Use Corridor) West: Residential Use / RS-2 Environmental Review: Categorically Exempt pursuant to 32 Section 15332 (In -Fill Development) BACKGROUND Site Characteristics The 5,662 square -foot lot is located on the west side of South Lanoitan Avenue, south of East 16th Street in the RS-2 (small lot residential) zone. The property is roughly 80 feet square and developed with a 1,061 square -foot two -bedroom house and a 423 square -foot garage. The existing house is built at or close to the front and rear setbacks — 20 and 25 feet respectively — and has a six-foot side setback on the south side of the lot. The north side yard setback is 14 feet due to a slope and retaining wall in this location. The lot to the north is approximately 10 feet higher than the subject property. An embankment slopes down from 10 feet to 6 feet above the pad level of the subject home over a distance of approximately 13 feet, terminating in a six- foot high retaining wall. The existing home is about a foot from the wall. There is an existing 20-foot wide utility right-of-way easement along the western property line. According to the Sweetwater Authority, who the easement is granted to, there is no water main or infrastructure in this location. Proposed Use The applicant proposes to construct a 419 square -foot addition to a single-family residence that encroaches approximately 14 feet into the required 25-foot rear yard setback. The applicant is requesting a variance from the required rear yard setback requirement. The addition would provide a third bedroom and another bathroom. The proposed location of the addition would include the area occupied by the Sweetwater Authority easement. Analysis The Land Use Code (LUC) requires that a 25 foot setback be maintained from rear property lines adjoining a property developed with residential use. Standard Tots in the RS-2 zone are usually around 50 feet wide by 100 feet deep, which does not pose a problem with maintaining a 25 foot setback. Howeier, as the subject property is as deep as it is wide, and that distance is only 80 feet, the home cannot be expanded to the rear without encroaching into the setback. Furthermore, the embankment and retaining wall on the north side further restrict development potential. Three specific findings must be made in order to approve a Zone Variance request. The first is that the lot is affected by special circumstances, including size, shape, or topography, that deprive the lot of the ability to develop per the LUC as others in the area have. In this case the property is shallow in depth, which restricts the normal buildable area afforded standard -shaped Tots. in addition, the north side of the lot is restricted by the retaining wail and embankment sloping down from the neighboring property. The second finding is that granting of the Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. In this case there are multiple properties in the same neighborhood in the same zone which have less than the required rear yard setback. The development to the west on Morning Breeze Lane is a good example; the majority of the homes in this subdivision have a less than required rear yard setback. The third finding is that the Variance does not authorize a use that is not otherwise allowed in the zone. In this case a single-family home is an allowed use in any residential zone. The resultant size of the home would be 1,480 square feet if the Variance were approved. This would be within the allowances of the LUC for a home in the RS-2 zone and would continue to meet floor area ratio and maximum size requirements. Conditions of Approval Comments were received from the Building and Engineering Departments related to code requirements and drainage. Sweetwater Authority also commented and is requiring a quitclaim of the easement at the rear of the property should the property ever be redeveloped. There is also a condition related to Planning that requires compliance with the City's design guidelines. Summary Because of special circumstances applicable to the property, including the topography of the area and its shallow depth, there is no room to construct an addition without encroaching into the required rear yard setback. Although the lot is wider than most, the existing home is only moderate in size and the applicant wishes to expand their residence to provide addition space for their family. Granting of the Variance would not be a privilege inconsistent with other properties in the are.a as there are multiple homes in excess of 1,061 square feet in size. The proposal is consistent with all require findings of approval and would be consistent with a!! other regulations. RECOMMENDATION Approve 2013-01 Z subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Notice of Exemption 5. Public Hearing Notice (Sent to 30 property owners) 6. Site Photos 7. Applicant's Plans (Exhibit A, case file no. 2013-01 CUP, dated 1/7/2013) MARTIN REEDER, AJCP Assistant Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2013-01 Z, 1624 Lanoltan Avenue Because of special circumstances applicable to the property, including size, shape, or topography, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the property is shallow in depth, which restricts the normal buildable area afforded standard -shaped Tots, and since the north side of the lot is restricted by a retaining wall due to an embankment sloping down into the property. 2. The requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since there are multiple properties in the same neighborhood in the same zone which have less than the required rear yard setback. 3. The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since a single-family residence is an allowed use in the underlying residential zone (RS-2). RECOMMENDED CONDITIONS OF APPROVAL 2013-01 Z, 1624 Lanoitan Avenue General 1. This Zone Variance authorizes a single-family residential addition with a less than required rear yard setback at 1624 Lanoitan Avenue. Plans submitted for approvals shall show the location of the addition in substantial conformance with Exhibit A, case file no. 2013-01 CUP, dated 1/712013. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. Before this Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 5. Any plans submitted for improvements must comply with the current editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Engineering 6. A drainage plan shall be submitted showing all of the proposed and existing conditions. 7. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination. System (NPDES) is required to be completed and submitted to the Engineering Division. 8. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 9. An existing 20-foot wide right-of-way easement reserved by Sweetwater Authority is located along the westerly 20 feet of the property. The easement shah be shown on plans and permission must be granted by Sweetwater Authority for construction within the easement. 10.A title report shall be submitted to the Engineering Division, after Planning Commission approval for review of all existing easements and ownership of the property. Fire 11. Any plans submitted for improvements must comply with the current editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Planning 12. Plans submitted for building permits must meet appropriate design guidelines as specified by the Land Use Code, including a matching pitch roof and matching construction materials. Sweetwater Authority 13. In the event that the property is ever redeveloped, the existing 20-foot Sweetwater Authority right-of-way easement shall be quitclaimed through the standard [Sweetwater] Authority process. Nam; 1 f ;•1 6 JF,ORN1+ `. Yr- cooR. NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego; CA 92112 Proiect Title: 2013-01 Z Proiect Location: 1624 S. Lanoitan Avenue, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Zone Variance application for a Tess than required rear yard setback related to an addition to an existing single-family residence. Applicant: Silvia Sotelo 1624 S. Lanoitan Avenue National City, CA 91950 Exempt Status: Telephone Number: (619) 838-1716 ® Categorical Exemption. Class 7 Section 15332 (In -Fill Development) Reasons why project is exempt: It can be seen with certainty that the project will not have a significant effect on the environment, since the project involves a small addition to an existing residence within a fully urbanized residential area. Other homes in the area have the same setbacks. No habitat exists in the setback area in which the addition is proposed. Date: MAR T IN KttuiK, AICP Assistant Planner ' •i r ekl FORK A zsco.i.o .arzo CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING ZONE VARIANCE FOR A REDUCED REAR YARD SETBACK RELATED TO A RESIDENTIAL ADDITION AT 1624 LANOITAN AVENUE. CASE FILE NO.: 2013-01 Z APN: 558-200-34 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, March 4th, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed- request. (Applicant: Silvia Sotelo) The applicant proposes to construct an addition to a single-family residence that encroaches approximately 14 feet into the required 25-foot rear yard setback. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., March 4th, 2013, who can be contacted at 619-336-4310 or planninqanationalcityca,gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION BRAD RAULSTON Executive Director 2013-01 Z — 1624 S. Lanoitan Ave. — Site Photos Front of existing house looking west Existing retaining wall to north of property looking northwest