HomeMy WebLinkAboutZA2015-028 - MODIFICATION - 917 Bay Ave W RESOLUTION NO. ZA2015-028
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO, MD2015-006 TO ALLOW A SECOND FLOOR DECK
TO ENCROACH 1 FOOT INTO THE REQUIRED 10-FOOT
FRONT YARD SETBACK FOR PROPERTY LOCATED AT 917
WEST BAY AVENUE (PA2015-093)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Theresa Drewry, property owner, with respect to property
located at 917 West Bay Avenue, and legally described as Lot 6 of Tract 1061 in the
County of Orange, State of California, as shown on a map recorded in Book 34, Page 26
of Miscellaneous Maps, in the Office of the County Recorder of said County requesting
approval of a modification permit.
2. The applicant requests approval of modification permit to allow the construction of a new
cantilevered second floor deck at an existing residence that will encroach 1-foot into the
required 10-foot front yard setback along West Bay Avenue.
3. The subject property is located within the Two-Unit Residential (R-2) 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—(20.0 — 29.99 DU/AC) (RT-E).
5. A public hearing was held on May 28, 2015, 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.
This project has been determined to be categorically exempt under the requirements of the
California Environmental Quality Act under Section 15301, Article 19 of Chapter 3, Guidelines
for Implementation of the California environmental Quality Act) under Class 1 (Existing
Facilities). This exemption includes minor additions and alterations to existing residences.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050 (Modification Permits) of the Newport Beach Municipal
Code, the following findings and facts in support of such findings are set forth:
Zoning Administrator Resolution No. ZA2015-028
Page 2 of 5
Finding:
A. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Findinq:
1. The neighborhood is comprised primarily of a development pattern of two-story single
family homes and duplexes.
2. The subject property and surrounding residential properties are zoned R-2 (Two-Unit
Residential), which allows single and two unit residential uses.
3. The proposed remodel including the second floor deck encroachment will result in a
home design similar to other homes along this block of West Bay Avenue in bulk and
scale. Additionally, several homes on the same block have second floor decks or
balconies that encroach into the front yard setback.
4. The overall design, based upon the proposed plans, meets residential design criteria
provided within Section 20.48.180.B.2 (Design Criteria) by avoiding long unarticulated
walls, providing architectural treatment of all elevations, and emphasizing the entry
and window elements at the front fagade.
Finding:
B, 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 Findinq:
1. The existing home is built at the 10-foot front setback. The proposed project would
move the second floor wall back 3 feet to provide area for the second floor deck. The
requested one-foot encroachment for the cantilevered portion of the deck would
provide more useable outdoor living area.
2. Increasing the scope of work by creating a 4-foot deck that complies with the 10-foot
setbacks would likely require substantial upgrades to the existing foundation or a new
foundation, which would increase the cost of the project and the time to complete the
project.
Finding:
C. 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.
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Zoning Administrator Resolution No. ZA2015-028
Page 3 of 5
Facts in Support of Findinq:
1 . The principal purpose of setback standards is to provide adequate separation of
buildings for light, access and ventilation. Approval of the modification permit will not
significantly diminish this setback area due to the open design of the deck. Additionally
the second floor deck would maintain a 9-foot setback to the front property line and the
first floor would maintain the required 10-foot setback. These distances will provide
separation from the public right-of-way and will achieve the intent of the zoning code.
2. Providing the additional 1-foot setback for a deck with a 4-foot depth would require an
increase to the scope of the interior alterations and foundation upgrades or
replacement could be required. This increase in required structural alterations
presents a physical hardship that outweighs any tangible benefits to neighboring
properties, particularly since the neighborhood maintains variable front setbacks and
several nearby homes have legal non-conforming decks and balconies with similar
front yard setback encroachments.
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 encroachment is for a second floor deck with an open railing into the front yard
(street side) setback, therefore no impact to the light, air and ventilation to the
neighboring properties is anticipated. Without this approval the applicant would be
required to increase the scope of work to potentially include significant alteration or
reconstruction of the foundation.
2. The overall design, based upon the proposed plans, meets residential design criteria
provided within Section 20.48.180.B.2 (Design Criteria) by avoiding long unarticulated
walls, providing architectural treatment of all elevations, and emphasizing the entry
and window elements at the front fagade. The architectural improvements associated
with the building will result in an upgraded more architecturally attractive home.
3. The existing and proposed development will comply with all other applicable
development standards including height, open volume and setbacks.
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.
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Zoning Administrator Resolution No. ZA2015-028
Page 4 of 5
Facts in Support of Finding:
1. The location and design of the deck would not significantly affect air and solar access
to any adjoining property or affect public views.
2. The existing development on the property is a single-family dwelling. As such, there is
no change to the density or intensity as a result of the addition.
3. 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 construction will then be inspected prior to final of building
permits.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Modification
Permit No. MD2015-006, 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 (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 281th DAY OF MAY, 2015.
re d Wisneski,At P, Zoning Administrator
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Zoning Administrator Resolution No. ZA2015-028
Page 5 of 5
EXHIBIT " l
CONDITIONS OF APPROVAL
Planning Division
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. 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.
4. 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
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 and shall highlight the approved elements
such that they are readily discernible from other elements of the plans.
5. The cantilevered second story deck shall maintain a minimum front setback of 9 feet.
The deck rail is allowed to encroach an additional 6-inches in accordance with the
standard zoning code allowance. Additionally, the deck (roof) overhang is allowed to
encroach 6-inches beyond the deck rail encroachment in accordance with the
standard zoning code allowance.
6. 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 Drewry Deck Modification including, but not limited
to Modification No. MD2015-006 (PA2015-093). 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 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.
04-24-2013