HomeMy WebLinkAboutZA2013-081 - APPROVED MD2013-021- 1246 SOMERSET LANERESOLUTION NO. ZA2013 -081
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2013 -021 TO ALLOW A 40 PERCENT
ADDITION TO AN EXISTING SINGLE - FAMILY RESIDENCE
LOCATED AT 1246 SOMERSET LANE (PA2013 -213)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Sam Rafail, property owner, with respect to property located
at 1246 Somerset Avenue and legally described as Lot 32 of Tract 3032, requesting
approval of a modification permit.
2. The applicant proposes a modification permit to allow a 40 percent addition to an
existing nonconforming single - family residence where the code limits additions up to
10 percent of the existing gross floor area when the required parking width is not
provided. The garage provides a 19- foot -2 -inch width is provided where 20 feet is
required. The garage is also nonconforming because it provides a 2- foot -2 -inch side
setback and 3- foot -2 -inch rear setback where 6 -foot side and rear setbacks are
required.
3. The subject property is located within the R -1 -6,000 (Single Unit Residential) Zoning
District and the General Plan Land Use Element category is RS -D (Single Unit
Residential Detached).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on November 27, 2013, in the Corona del Mar Conference
Room (Bay E -1st Floor) 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 Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities)
of the Guidelines for CEQA.
2. This exemption includes additions to the existing structure up to 50 percent of the
existing floor area or 2,500 square feet, whichever is less. The proposed scope of
work is below these limits.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050.E (Required Findings, Modification Permits) of the
Newport Beach Municipal Code (NBMC), the following findings and facts in support of the
findings for a modification permit are set forth:
Finding:
A. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1. The neighborhood is comprised of a development pattern of one- and two -story single -
unit dwellings. The Modification Permit will allow a second -story addition to a one -story
single -unit residence within the subdivision.
2. The applicant is proposing a 40 percent addition to the existing structures on the lot. The
proposed addition will comply with all of the development standards, including lot
coverage, height, and setbacks, and will not intensify or alter the existing
nonconformities.
3. The resulting residence will consist of 4,071 square feet (3,651 square feet plus a 420 -
square -foot garage). Pursuant to Table 3 -10: Off - Street Parking Requirements of the
Zoning Code, it will not require the addition of a third garage parking space since the
livable floor area (not including the garage) is less than 4,000 square feet.
4. The proposed addition will result in a residence that is similar in bulk and scale to
others in the Mariner's Community.
5. The existing development on the property is a single - family residence. As such, there
is no change to the density or intensity under the proposed remodel and addition.
Finding:
B. The granting of the modification is necessary due to practical difficulties associated
with the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code.
Facts in Support of Finding:
1. The residences in this area were constructed with garages and setbacks that were in
compliance with the Zoning Code at the time of construction. The Zoning Code
requires 6 -foot side setbacks. The lot was permitted to be developed with a single -
family residence and detached garage in 1964. Therefore, the structure is considered
legal nonconforming.
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2. Although the existing garage does not provide the minimum clear interior dimensions
required by the Zoning Code, it does provide two useable garage spaces and,
therefore, meets the intent of the Zoning Code by providing adequate parking on the
site. Approval of the Modification Permit allows the applicant to continue the use of the
existing two -car garage, which has not proven detrimental to the occupants or
neighbors.
3. The existing garage provides clear interior dimensions of 19 feet 2 inches in width by
20 feet in depth and its location is conflicting with the existing 5- foot -wide public
utilities easements along the northeasterly property line acquired by the public at large
for utilities purposes. Given the design of the existing residence and proposed scope
of work, bringing the garage into conformance would require a significant expansion in
the scope of work. A variance to allow an expansion to the garage would be required
to allow encroachments into the rear yard setback. Additionally, the location of the
addition would be within the existing 5 -foot utilities easement.
4. The existing and proposed development will comply with the height limit, lot coverage,
and residential design criteria as shown on the proposed plans.
Finding:
C. The granting of the modification is necessary due to the unique physical
characteristic(s) of the property and /or structure, and /or characteristics of the use.
Facts in Support of Finding:
1. The clear interior dimensions of the existing two -car garage were in compliance with
the Zoning Code at the time of original construction. However, as a result of
amendments to the Zoning Code, the two -car garage is now substandard in size, and
is therefore legal nonconforming.
2. Bringing the existing two -car garage into conformance with the clear interior dimensions
required by the current Zoning Code would result in a significant increase in the scope of
the project. Since the existing garage provides two useable spaces, the intent of the code
is achieved.
Finding:
D. There are no alternatives to the Modification Permit that could provide similar benefits
to the applicant with less potential detriment to surrounding owners and occupants, the
neighborhood, or to the general public.
Facts in Support of Finding:
1. The alternatives would require that the applicant bring the existing two -car garage into
conformance by expanding or relocating the existing garage. An addition in the
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garages existing location would require a Variance for rear setback encroachments
and a request for relief from the requirements limitations of the 5 -foot utility easement.
2. The only other alternative is to maintain the existing residence without constructing the
proposed addition.
3. The granting of the Modification Permit would not constitute a special privilege
inconsistent with the limitations upon other properties zoned R -1 -6,000 as it allows the
property owner to maintain equity with other homes in the Mariner's Community,
where similar additions have occurred. The proposed project is consistent with historic
development in the neighborhood.
4. Strict compliance with 10 percent addition of the existing gross floor area pursuant to
per Section 20.38.060.2.a (Nonconforming Parking) of the Zoning Code significantly
limits the ability of the property owner to create a two -story home thereby depriving a
substantial property right afforded by other R -1 -6,000 lots in the Mariner's community.
Finding
E. The granting of the modification would not be detrimental to public health, safety, or
welfare to the occupants of the property, nearby properties, the neighborhood, or the
City, or result in a change in density or intensity that would be inconsistent with the
provisions of this Zoning Code.
Fact in SUDDort of Findin
1. Though the minimum clear interior dimensions will be less than the minimum required by
the Zoning Code, it provides sufficient area for use as a two -car garage. The size of the
spaces has not been detrimental to the occupants of the property, nearby properties,
neighborhood, or City.
2. The project will not increase the nonconforming status of the existing structure and will
comply with all other provisions of the R -1 -6,000 Zoning District.
3. The side and rear setbacks provide adequate access for emergency personnel
4. The spatial relationships between existing development and the adjacent property
suggest that the light, air, and privacy of the abutting home and property will not be
negatively affected by the proposed addition. The proposed addition is approximately 24
feet 8.5 inches in height at its highest point. The height is well below the 29 -foot height
limit for sloped rooflines. The addition will comply with all applicable development
standards.
5. The approval of this Modification Permit is conditioned such that the applicant is
required to obtain all necessary permits in accordance with the Building Code and
other applicable Codes. The applicant/owner is required to obtain a building permit. The
construction will then be inspected prior to final of building permits.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Modification
Permit No. MD2013 -021, 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 after the adoption of this
Resolution unless within such time an appeal is filed with the Community Development
Director in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 271h DAY OF NOVEMBER, 2013.
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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. Modification Permit No. MD2013 -021 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions)
of the Newport Beach Municipal Code, unless an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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 this Use
Permit.
5. The Zoning Administrator may add to or modify the conditions of approval to this
Modification Permit or revoke this Modification Permit upon a determination that the
operation, which is the subject of this Modification Permit, causes injury, or is detrimental
to the health, safety, peace, comfort, or general welfare of the community.
6. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
7. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Modification
Permit file. The plans shall be identical to those approved by all City departments for
building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately
depict the elements approved by this Modification Permit and shall highlight the
approved elements such that they are readily discernible from other elements of the
plans.
8. 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 City's approval of the Rafail Residence Modification including, but not
limited to, the Modification Permit No. MD2013 -021 (PA2013 -213). This indemnification
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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 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.
Building Division Conditions
9. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City -
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
10. Prior to the issuance of building permits, the wood shingle roofing shall comply with
NBMC 15.04.200 (Amendment to Table 1505.1) and NBMC 15.04.220 (Amendment to
Section 1505.1.3). Class A roofing is required for all new construction. When more than
50 percent of the existing roof is modified, the entire roof shall comply with Class A
assembly.
11. Prior to the issuance of building permits, the residence shall comply with the new code as
it relates to fire resistive rating per Section R302 and R302.1 to the satisfaction of the
Building Division. If the sprinkler is proposed, the system shall be modified to include the
entire structure and shall not be limited to the new addition.
12. Prior to the issuance of building permits, the window opening protective and eave
projections shall comply with the California Residential Code (CRC).
13. The setback for the existing garage is nonconforming and any new work on the garage
shall require the structure to comply with the new code as it relates to fire resistive rating
per Section R302 and Table R302.1.
Public Works Conditions
14. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
15. The applicant shall reconstruct the existing broken and /or otherwise damaged
concrete sidewalk panels, curb, and gutter along the Somerset Lane frontage.
16. The applicant shall remove the existing concrete between the curb and the sidewalk
and replace with new sod or low groundcovers of the type approved by the City
throughout the Somerset Lane parkway fronting the development site.
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17. A new sewer cleanout shall be installed on the public side of the property line, with a
traffic -grade box and cover.
18. An encroachment permit is required for all work activities within the public right -of -way.
19. All improvements shall comply with the City's sight distance requirement. See City
Standard 110 -L and Section 20.30.130 (Traffic Safety Visibility Area) of the Zoning
Code.
20. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right -of -way shall be
required at the discretion of the Public Works Inspector.
21. All on -site drainage shall comply with the latest City Water Quality requirements.
22. The existing street tree shall be protected in place.
23. Prior to the issuance of building permits, the property owner shall obtain letters from
utilities companies (Southern California Edison, Time Warner, The Gas Company, and
AT &T) acknowledging the existing encroachment. Letters shall be scanned onto
project plans.
24. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
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