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HomeMy WebLinkAbout1846 - APPROVE MUP AND VA _2430 HOLIDAY ROADRESOLUTION NO. 1846 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2010 -040 AND VARIANCE NO. VA2011 -005 FOR THE PROPERTY LOCATED AT 2430 HOLIDAY ROAD (PA2010 -173) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Harold Pemstein, with respect to the property located at 2430 Holiday Road, and legally described as Lot 9 of Tract 2052 requesting approval of a minor use permit and a variance. 2. The applicant proposes a minor use permit to allow for the retention of an as -built second dwelling unit to be converted to a senior accessory dwelling unit (granny unit) and a related variance request to allow for the construction of a garage addition to encroach 2 feet into the required 10 -foot easterly side setback. The application also includes ten (10) other variance requests to allow for the retention of the following as -built structures: An 8 -foot high arbor with a footprint of 48 square feet that encroaches 13 feet into the 15 -foot front setback, where the Zoning Code limits the height of such structures to 9 feet and a maximum footprint of 16 square feet. 2. An 8- foot -high arbor with a footprint of 48 square feet that encroaches 10 feet into the westerly 10 -foot side setback, where the Zoning Code limits the height of such structures to 9 feet and a maximum footprint of 16 square feet. 3. An 8- foot -high arbor with a footprint of 48 square feet that encroaches 10 feet into the 10 -foot rear setback, where the Zoning Code limits the height of such structures to 9 feet and a maximum footprint of 16 square feet. 4. An 8- foot -high arbor with a footprint of 48 square feet that encroaches 10 feet into the easterly 10 -foot side setback, where the Zoning Code limits the height of such structures to 9 feet and a maximum footprint of 16 square feet. 5. A 55- inch -high brick wall that encroaches 5 feet into 15 -foot front setback, where the Zoning Code limits the height of such structures to 42 inches. 6. A 2- foot -high fence extension mounted on top of a 6- foot -high wall (overall height 8 feet) that encroaches 10 feet into the westerly 10 -foot side setback, where the Zoning Code limits the height of such structures to 6 feet. Planning Commission Resolution No. 1846 Paqe 2 of 13 7. A 2- foot -high fence extension mounted on top of a 6- foot -high wall (overall height 8 feet) that encroaches 10 feet into the 10 -foot rear setback, where the Zoning Code limits the height of such structures to 6 feet. 8. A 2 -foot -high fence extension mounted on top of a 6- foot -high wall (overall height 8 feet) that encroaches 10 feet into the easterly 10 -foot side setback, where the Zoning Code limits the height of such structures to 6 feet. 9. An 8- foot -3- inch -high fireplace that encroaches 8 feet into the westerly 10 -foot side setback, where the Zoning Code limits the height of such structures to 6 feet. 10. A 129 - square -foot (footprint of 148 square feet under roof), 11- foot -4- inch -high storage building that encroaches 5 feet into both the 10 -foot easterly side setback and 10 -foot rear setback, where the Zoning Code limits the height of such structures to 6 feet. 3. The application also indicates the existence of an 8 -foot high arbor with a footprint of 48 square feet that encroaches into the required front and easterly side setback, where the Zoning Code limits the height of such structures to 9 feet and a maximum footprint of 16 square feet. The applicant indicated that this arbor will be removed. Therefore, it was not included in the variance request. 4. The subject property is located within the Single -Unit Residential (R -1- 10000) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 5. The subject property is not located within the coastal zone. 6. A public hearing was held on July 7, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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. The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The scope of the work is limited to a garage addition and alterations to an existing structure to accommodate a granny unit. Also included is to retain several detached accessory structures including arbors, walls, a fireplace, and a storage building. Tmplk 04/14/10 Planning Commission Resolution No. 1846 Page 3 of 13 SECTION 3. REQUIRED FINDINGS. For Minor Use Permit No. UP2010 -040 Pursuant to Section 20.52.020 F. of the Newport Beach Municipal Code (NBMC), the following findings and decisions shall be met to approve a minor use permit for a granny unit. The findings and facts in support of such findings are listed and discussed below: Finding: A. The us a is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A -1. The Land Use Element of the General Plan designates the site as Single -Unit Residential Detached (RS -D). The proposed granny unit is allowed upon approval of a minor use permit within this designation. General Plan Policy LU6.2.4 recognizes that certain provisions of State law supersede local land use regulations, including the ability to add granny units in single - family residential areas. Approval of Minor Use Permit No. UP2010 -040, as conditioned and under the circumstances of the c ase, w ill not be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood. A -2. The subject property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: B -1. The proposed granny unit is located in the Single -Unit Residential (R -1- 10000) Zoning District, which allows for "Senior Accessory Dwelling Units" upon approval of a minor use permit. The project is designed in accordance with the objectives of Chapter 20.48.200 (Senior Accessory Dwelling Units), which establishes procedures and specific development standards for granny units. B -2. The lot is relatively flat, rectangular in shape, and developed with a nonconforming two -story, 2,695- square -foot dwelling. The principal structure is nonconforming because it encroaches into the easterly and westerly required 10 -foot side setbacks, 2 feet and 5 feet, respectively. The subject parcel was part of the June 1968 Moden Annexation. B -3. The area of the existing structure converted to a granny unit encroaches 2 (two) feet into the easterly side setback. The creation of the granny unit will not alter or intensify this encroachment. Tmplr: 04/14/10 Planning Commission Resolution No. 1846 Paae 4 of 13 B-4. The 9,450- square -foot lot is large enough to accommodate the additional parking required for the principal dwelling unit and proposed granny unit. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: C -1. The project, as conditioned, will comply with all applicable single - family development regulations in the Zoning Code and specified in Chapter 20.48.200 for granny units, except those existing nonconforming conditions; which will not be intensified or expanded. C -2. The proposed garage addition complies with the front setback requirement and with approval of Variance No. VA2011 -005 will be allowed to encroach 2 feet into the required 10 -foot easterly side setback. This encroachment allows the garage to be constructed in line with the existing building and the side setback line in effect at the time the principal building was constructed. C -3. The granny unit will be established with an existing building and does not require new constructions other than the addition of a one -story garage, which can be accommodated as adequate lot area exists. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provisions of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: D -1. The site is a residential lot in an existing subdivision and is suitable for the proposed granny unit. D -2. Adequate public and emergency vehicle access, public services, and utilities are provided. D -3. All improvements associated with the project will comply with all Building, Public Works, and Fire Codes. The project will comply with all ordinances of the City and all conditions of approval. D-4. The lot is adequate in size to accommodate the proposed granny unit and the parking required for the principal dwelling unit and the proposed granny unit. Tmplt: 04 /14110 Planning Commission Resolution No. 1846 Paae 5 of 13 Finding: E. Operation of the use at the location proposed would 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 of the proposes use. Facts in Support of Finding: E -1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. Also, the goal of providing senior housing opportunities will be obtained, while minimizing negative impacts associated with the project. E -2. The project includes a residential use located within a residentially designated area. The granny unit is restricted to one or two adult occupants who are 55 years of age or older as regulated by the Zoning Code. For Variance No. VA2011 -005 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 for the variance: Finding: A. That there are special or unique circumstances or conditions applicable to the subject property (e.g. location, shape, size, surrounding, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: A -1. The 9,450 square foot subject lot is relatively flat, rectangular in shape, and developed with a nonconforming two -story, 2,695- square -foot dwelling. The structure is nonconforming because it encroaches into the easterly and westerly required 10 -foot side setbacks, 2 feet and 5 feet, respectively. The subject parcel was part of the June 1968 Moden Annexation. A -2. The subject property has larger side setbacks (10 -foot) as compared to most other properties in the City, which have side setbacks between 3 and 6 feet. A -3. A majority of the surrounding properties also have buildings setback less than the required 10 feet, including the properties directly adjacent to the subject property. This nonconforming condition exists throughout the neighborhood as a result of the 1968 annexation and subsequent change to side setback requirements. Additionally, prior to November 25, 2010, an addition to the principal building was allowed to be constructed in the R- 1- 10,000 District (formally known as R- 1 -B -2) to the side yard setback line in effect Tmplt: 04/14/10 Planning Commission Resolution No. 1846 Paae 6 of 13 at the time the principal building was constructed. This code provision was not included with the updated Zoning Code, which went into effect in November 2010. A-4. The property is developed with an as -built second dwelling unit. The applicant is proposing to retain the existing second unit dwelling by converting it to a granny unit. The area of the existing structure converted to a granny unit encroaches 2 (two) feet into the easterly side setback. A -5. The location of the subject dwelling, especially the easterly portion which is developed with an as -built second dwelling unit to be converted for granny purposes, and the neighbors' dwellings creates a unique circumstance in which noise and privacy are a concern due to the close proximity between buildings as a result of the nonconforming side setbacks of less than 10 feet. A -6. The property has a 6 -foot easement for public utilities along the rear property line. The visual aesthetics of the property are negatively impacted due to the easement and associated overhead power poles and wires. A -7. The establishment of the granny unit requires a garage addition to accommodate the required parking for the principal dwelling unit and proposed granny unit. Pursuant to Section 20.40.030 (Requirements for Off - Street Parking), at least 1 parking space is required for the granny unit and 2 garage spaces are required for the principal residential dwelling unit. The applicant is proposing a two car garage for the principal dwelling and one parking space for the proposed granny unit. The garage for the principal dwelling will encroach 2 feet into the required 10 -foot easterly side setback. Finding: B. That 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. Fact in Support of Finding: B -1. The garage addition would be constructed in line with the existing building and the side setback line in effect at the time the principal building was constructed. This design will be consistent with the development pattern in the neighborhood and will allow for the construction of a garage addition to provide the required parking for the principal dwelling unit. B -2. The subject property's large side and rear setback requirements results in more restrictive limitations on the location and height of accessory structures as compared to other properties within the City. B -3. Strict compliance of the Zoning Code would require that the arbors be removed or their footprint be reduced from 48 square feet to 16 square feet and that the walls be removed or reduced in height from 8 feet to 6 feet in height. Neither of these Tmplt: 04114/1'0 Planning Commission Resolution No. 1846 Paqe 7 of 13 requirements would allow the opportunity to establish a sufficient barrier between the subject property and the adjacent neighbors to address the noise and privacy concerns. The increased height of the walls and footprint of the arbors, as existing, has proven beneficial in addressing these concerns. B -4. Strict application of the Zoning Code would require that the existing storage building and fireplace be removed or reduced in height from 8 feet to 6 feet or relocated to area not within the required setback. However, the height and location of the existing storage building and fireplace are comparable to the location and height of these structures on other properties in the City, which have smaller required setbacks, 3 to 6 feet, on narrower lots as compared to the subject property, which has 10 -foot required side setbacks. B -5. The walls, arbors, and storage building enhance the aesthetics of the property providing screening of the overhead power poles and wires located in the rear yard of the property within the utility easement area. Finding: C. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Fact in Support of Finding: C -1. With the construction of the garage encroachment, the goal of providing senior housing opportunities will be provided, while providing the required parking. C -2. Allowing for the increased heights of the arbors, walls, fireplace, and storage building will assist in mitigating negative impacts and circumstances associated with the property affording a higher level of enjoyment and use of the property by the applicant or future property owners, which is consistent with the intent of the Zoning Code to promote the orderly growth and development of the City, to promote and protect the public health, safety, peace, comfort and general welfare, to protect the character and social and economic vitality of all districts within the City, and to assure the orderly and beneficial development of such areas. Finding: D. That the 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. Facts in Support of Finding: D -1. The granting of the variance allows the property owner to its rights of establishing a garage addition and maintains parity with the setbacks enjoyed by nearby properties. Tmplt: 04/14/10 Planning Commission Resolution No. 1846 Paoe 8 of 13 D -2. The design and location of the existing arbors, walls, fireplace, and storage building achieves suitable development within the constraints of the property due to its large size and setbacks and the existence of a utility easem ent area. Granting of the variance requests will preserve the applicant's right to enjoy accessory structures and a level of privacy as comparable to other properties within the City. Finding: E. That the 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. Facts in Support of Finding: E -1. As conditioned, the project will, to the greatest extent possible, ensure potential conflicts with the surrounding land uses are minimized. E -2. The garage addition is single story and would be at least 8 feet from the neighboring property and would minimize impacts to light and air. Its design and location does not interfere with the provision of safe sight distances. E -3. The encroachment of the proposed garage addition is consistent with the design of development on neighboring properties along Holiday Road. E -4. The design and location of the walls, arbors, fireplace, and storage building do not interfere with the provision of safe sight distances. E -5. The walls, arbors, fireplace, and storage buildings neither change the density nor intensify the use of the property. E -6. The walls, arbors, fireplace, and storage building are existing and have not been proven detrimental. E -7. The adjacent property owners located at 2424, 2436, and 2431 provided either verbal or written testimony at the public hearing in support of the applicant's request. E -8. There were no public comments in opposition of the applicant's request. Finding: F. Granting of the Variance will not be in conflict with the intent and purpose of Section 20.52.090 of the Zoning Code, the Zoning Code, the General Plan, or any applicable specific plan. Tmplt: 04/14/10 Planning Commission Resolution No. 1846 Paqe 9 of 13 Facts in Support of Finding: F -1. The granting of this variance will not conflict with the Land Use Element of the General Plan, which designates the site for Single -Unit Residential Detached (RS -D) use, or the Zoning Code, which designates the site as Single -Unit Residential (R -1- 10,000). These designations provide for the existing single unit dwelling and the proposed senior accessory dwelling upon approval of a minor use permit. The proposed garage encroachment and the encroachments of the arbors, walls, fireplace, and storage building are appurtenance to the dwelling units and are therefore consistent with these designations and will not change the use of the property. F -2. The subject property is not located within a specific plan area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No. UP2010 -040 and Variance No. VA2011 -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 fourteen 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 7th DAY OF JULY, 2011. AYES: Ameri, Hawkins, Hillgren, Kramer, Myers, Toerge, and Unsworth NOES: None. RECUSED: None. ABSENT: None. EXCUSED: None. Charles UrpWorttiv, Chairman BY: r g , §6crefMy Tmph: 04 /14/10 Planning Commission Resolution No. 1846 Paqe 10 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL 1. 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 granny unit shall provide a minimum of 600 square feet of floor area and a maximum of 640 square feet as measured from within the surrounding perimeter walls of the unit. 4. The principal dwelling unit or the granny unit shall be continuously occupied by at least 1 person having an ownership interest in the lot. 5. The granny unit shall be limited to the use of one or two persons at least 55 years in age. 6. Prior to the issuance of a building and /or grading permit for a granny unit, the property owner shall record a deed restriction with the County Recorder's Office. The form and content of which shall be satisfactory to the City Attorney and that states that under no circumstances shall the granny unit be rented to or otherwise occupied by any person or persons less than 55 years of age. Said document shall also contain all conditions of approval imposed by this minor use permit. This deed restriction shall remain in effect so long as the granny unit exists on the property. 7. Prior to the final inspection of building permits of the granny unit by a City Building Inspector, the property owner shall submit to the Community Development Director the names and birth dates of any and all occupants of the granny unit constructed pursuant to this chapter to verify occupancy by a person or persons of at least 55 years in age. Thereafter, verification will be on an annual basis. Upon any change of tenants, the property owner shall notify the City immediately. This information shall be submitted in writing and contain a statement signed by the property owner certifying under penalty of perjury that all of the information is true and correct. 8. In addition to the parking required for the primary residence, there shall be at least 1 independently accessible parking space for the granny unit. This additional parking space shall be kept free, clear, and accessible for the parking of a vehicle at all times. All the required parking spaces shall meet the minimum size and type requirements specified by the Zoning Code. 9. The width of the driveway approach shall meet standard Public Work's requirements. 10.Within 60 days after the effective date of the action for Minor Use Permit No. UP2010- 026 and Variance No. VA2011 -005, the property owner or an authorized representative Tmplt: 04/14/10 Planning Commission Resolution No. 1846 Page 11 of 13 shall remove the 8 -foot high arbor with a footprint of 48 square feet that encroaches into the required 15 -foot front setback and 10 -foot easterly side setback. 11. Within 60 days after the effective date of the action for Minor Use Permit No. UP2010- 026 and Variance No. VA2011 -005, the property owner or an authorized representative shall remove or obtain a building permit for the following as -built structures: a. The barbeque located in the westerly 10 -foot side setback on the rear half of the lot. b. The 8 -foot high arbor with a footprint of 48 square feet that encroaches 13 feet into the 15 -foot front setback. c. The 8 -foot high arbor with a footprint of 48 square feet that encroaches 10 feet into the westerly 10 -foot side setback. d. The 8 -foot high arbor with a footprint of 48 square feet that encroaches 10 feet into the 10 -foot rear setback. e. The 8 -foot high arbor with a footprint of 48 square feet that encroaches 10 feet into the easterly 10 -foot side setback. f. The 55 -inch high brick wall that encroaches 5 feet into 15 -foot front setback. g. The 2- foot -high fence extension mounted on top of a 6- foot -high wall (overall height 8 feet) that encroaches 10 feet into the westerly 10 -foot side setback. h. The 2- foot -high fence extension mounted on top of a 6- foot -high wall (overall height 8 feet) that encroaches 10 feet into the 10 -foot rear setback. i. The 2- foot -high fence extension mounted on top of a 6- foot -high wall (overall height 8 feet) that encroaches 10 feet into the easterly 10 -foot side setback. j. The 8- foot -3 -inch high fireplace (gas only) that encroaches 8 feet into the westerly 10- foot side setback. k. The 129- square -foot (footprint of 148 square feet under roof), 11 -foot 4 -inch high storage shed that encroaches 5 feet into both the 10 -foot easterly side and 10 -foot rear setback. 12.Within 60 days after the effective date of the action for Minor Use Permit No. UP2010- 026 and Variance No. VA2011 -005, the property owner or an authorized representative shall obtain a building permit or apply for and actively pursue obtaining a building permit for the granny unit. An extension of time maybe granted by written request of the applicant in compliance with Chapter 20.54.060 of the Zoning Code. 13. Upon completion of the private improvements on the site, the applicant shall be responsible for the repair or replacement of public improvements surrounding the subject property that are damaged by the private construction project. The extent of the remedial Tmplt: 04/14110 Planning Commission Resolution No. 1846 Page 12 of 13 work includes but is not limited to the repair or reconstruction of curb, gutter, sidewalk, driveway approach, parkway landscaping, and street pavement, unless otherwise approved by the Public Works Inspector. 14.All improvements shall be constructed as required by Ordinance and the Public Works Department. 15. An encroachment permit shall be obtained prior to the performance of any work activities within the public right -of -way. 16. 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 the minor use permit. 17. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 18. The minor use permit and /or variance may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 19. 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. 20. The applicant is required to obtain all applicable permits from the Building Division of the Community Development Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 21. Minor Use Permit No. UP2010 -040 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 22. 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 the City's approval of the Pemstein Residence Minor Use Permit and Variance including, but not limited to Minor Use Permit No. UP2010 -040 and Variance No. VA2011 -005 (PA2010 -173). 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 Tmplt: 04/14/10 Planning Commission Resolution No. 1846 Paqe 13 of 13 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. Tmpll: 04/14/10