Staff recommends that the Planning Commission take the following actions:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (Class 3, New Construction or Conversion of Small Structures); and,
2. Approve Administrative Hillside Development Permit No. 21-01 to allow a detached approximate 2,000 square-foot residential carport, which exceeds the 600 square-foot maximum for an accessory structure in the R-H Zone, subject to the recommended conditions of approval (Attachment C) and based on the findings and conclusions in the attached resolution (Attachment A); and,
3. Approve Zoning Variance No. 21-01 to allow the approximate 20-foot tall residential carport to exceed the 12-foot maximum height for accessory structures in the R-H Zone, subject to the recommended conditions of approval (Attachment C) and based on the findings and conclusions in the attached resolution (Attachment B).
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BACKGROUND
Location
The project site is located at 6200 Carbon Canyon Road within the R-H (Single-Family Residential – Hillside) Zone. The project site is approximately 32.5 acres and comprised of four contiguous parcels (Accessor Parcel Numbers (APNs): 312-011-20, 312-011-21, 312-011-22 and 312-011-24). In March 2013, a covenant agreement was recorded to maintain all parcels as a single residential site. The site is located in a hillside area and approximately one mile away from the nearest residential structure in Olinda Village to the southwest. Exhibit No. 1 below is an aerial of the existing site.
Access to the site is taken from a gated driveway connecting with Carbon Canyon Road. The approximate 0.43 mile-long driveway leads to an existing two-story single-family residence that is near the top of the ridge on an existing graded pad. The existing single-family residence and proposed carport site are not visible from the public right-of-way. The majority of the project site is hillside area which maintains the existing natural topography, with the exception of the driveway and graded pad. The adjacent properties remain undeveloped at this time. Exhibit No. 2 is a photograph taken from Carbon Canyon Road, facing east, towards the located of the proposed structure demonstrating visibility of any structure at the site.
Permit History
In February 1979, a building permit application was issued for the construction of a 3,530 square-foot single-family residence and garage. This building permit was finalized in May 1986.
In February 2013, the Community Development Director approved AHDP No. 13-01 to remodel an existing single-family residence, construction of a 1,957 square-foot addition and a 1,500 square-foot attached garage. Later that year, a building permit was issued for AHDP No. 13-01. This building permit was finalized in October 2014.
In March 2013, a Covenant and Agreement to Hold Property as One Parcel (Attachment D) was recorded by the Applicant. This document includes language that all parcels are held as one and that no portion of the site or any of the improvements can be sold separately.
In December 2013, Lot Merger No. LM 01-2013 (Attachment E) was recorded to merge two parcels (312-011-15 and 312-011-16) into one lot. LM 01-2013 reduced the number of overall parcels related to the subject site.
In July 2104, Lot Line Adjustment (LLA) No. 2013-01 (Attachment F) was recorded in a land swap between the Applicant and Orange County Transportation Authority (OCTA). As a result of this LLA, the subject site is now comprised of three parcels as depicted in Attachment F. Below is a table that correlates the history of APN’s between LLA No. 2013-01 and current County Assessor’s Map Book:
| LLA No. 2013-01 APNs |
County Assessor’s Map APNs |
Ownership |
| 312-011-03 |
312-011-20 |
Applicant |
| 312-011-06 |
312-011-21 |
Applicant |
| 312-011-15 |
312-011-22 |
Applicant |
| 312-011-16 |
312-011-22 |
Applicant |
| 312-011-08 |
312-011-23 |
OCTA |
In November 2020, the Applicant submitted a building permit application for preliminary grading to construct a concrete pad for the proposed carport. The plans submitted note a net fill of approximately one cubic yard of earth. The preliminary grading plans were approved and a permit was issued in December 2020. The permit has not been finalized and is awaiting resolution of the review.
In February 2021, the Applicant submitted a building permit application for the installation of a 40’ W by 50’ L residential carport structure on the approved concrete pad. Upon initial review of the building plan check, the Planning staff determined that the proposed structure would require an Administrative Hillside Development Permit and Zoning Variance for the proposed structure. The building permit has been placed on hold until a decision has been rendered by the Planning Commission on the new carport structure.
On May 10, 2021, the Applicant submitted the ADHP and ZV application.
PROJECT DESCRIPTION
The Applicant is proposing the construction of an approximate 2,000 square-foot, 20-foot tall carport structure with roof-mounted solar. The proposed structure would be detached and located approximately 125-feet from the primary dwelling. The proposed structure would allow for storage of maintenance equipment and personal recreational vehicles. As proposed, the carport structure would be open on all sides. It is important to note that the roof-mounted solar is not subject to review by the Planning Commission and would be reviewed through a non-discretionary building permit.
DISCUSSION
Administrative Hillside Development Permit (AHDP)
Pursuant to the BCC Section 20.206.040.B.1.C., an accessory structure more than 600 square-feet of gross floor area is subject to an AHDP. As a standalone request, this entitlement would be subject to the review of the Director of Community Development; however, since the AHDP is associated with the ZV request, the AHDP has been deferred to the Planning Commission for review. The intent of an AHDP is to facilitate and permit development that is suitable for the hillside areas. The proposed location of the carport is situated in a previously graded portion of the site, that would require approximately 35 cubic yards of fill and 34 cubic yard of cut, resulting in a net of one cubic yard of earth on the site. The proposed carport would not impact any natural hillside or ridgeline. From Carbon Canyon Road, the proposed structure would not be visible and have no visual impact on the existing hillside ridgelines from the public right-of-way.
Zoning Variance (ZV)
Pursuant to Brea City Code (BCC) Section 20.206.200 (Accessory Structures), the maximum height of a detached accessory structure is 12-feet in the R-H Zone. Since the proposed carport is 8-feet above the permitted height, a ZV is required, subject to review by the Planning Commission and can only be approved based on the following findings:
- The proposed carport complies with all applicable developments that includes structural setbacks and lot coverage, with the exception of height. As stated in the Applicant’s Letter of Justification (Attachment G), the proposed height would facilitate for the storage of large equipment and vehicles that include a tractor, tractor attachments and oversized recreational vehicles. The tractor is utilized to maintain the site for compliance with City of Brea fire abatement procedures per CFC Chapter 49 and Brea Fire ‘Brush Clearance on all Existing Properties located within the Protection Area’ standard.
Due to the significant grade/slope from Carbon Canyon Road and the topography of the site, the proposed carport would not be visible from the public right-of-way. The height of the proposed carport is in scale with the existing 29-feet 8-inch two-story residence. Due to the topography of the site, the proposed structure would be situated at a slightly lower elevation than that of the residence. The proposed height would not impact any adjacent properties as they remain undeveloped. The construction of the proposed carport is of non-combustible materials, pursuant to the applicable building and fire codes. Given the size of the site and location, staff is supportive of the variance request for the increase in height.
Lot Merger
The project site is comprised of several parcels that are currently bound as one through a covenant agreement. In an attempt to address the previous covenant agreement, lot merger and lot line adjustment, staff recommends the use of a lot merger to merge the remaining parcels into one. The consolidation would address concerns with any future improvements on the site in their relation to existing lot lines.
Staff has proposed draft conditions of approval (Attachment C) for the project. Notable conditions of approval include:
- The Applicant would be required to apply for a Lot Merger, prior to Building Permit issuance (Conditional of Approval No. b).
- That the appropriate building permits be obtained for the proposed carport (Conditional of Approval No. c).
- The structure shall maintain a minimum of 30-foot defensible space and maintenance of 100-feet due to the structure being located in the Very High Fire Hazard Severity Zone (Conditional of Approval No. f).
The conditions of approval along with the project design would ensure the proposed carport would be compatible with the existing single-family residence, H-R Zone, General Plan land use designation and hillside environment.
PUBLIC NOTICE AND COMMENTS
This project was noticed in accordance with the City’s public noticing requirements, which involved mailed notices and publication in the local paper. The public hearing notice for this project is provided as Attachment K of this report. As of the writing of this report, staff has not received any public comment.
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