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HomeMy WebLinkAboutZA2016-031 - MODIFICATION PERMIT TO ALLOW ADDITION TO EXISTING SINGLE-FAMILY RESIDENCE TO ENCROACH IN THE REQUIRED 25-FOOT FRONT SETBACK1930 Port Ramsgate Pl RESOLUTION NO. ZA2016-031 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2016-006 FOR A TEN PERCENT ENCROACHMENT INTO THE FRONT SETBACK FOR AN ADDITION TO A SINGLE-FAMILY RESIDENCE LOCATED AT 1930 PORT RAMSGATE PLACE (PA2016-052) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Dewain and Jenny Campbell, with respect to property located at 1930 Port Ramsgate Place, and legally described as Lot 64 in Tract 6624 requesting approval of a modification permit. 2. The applicant proposes a 10 percent encroachment into the required 25-foot front setback. The encroachment would allow approximately a total of 16.5 square feet to encroach a maximum 2 feet 6 inches into the front setback for the corners of a proposed three-car garage and the corner of a family room. An exterior porch column for the entryway would also encroach 2 feet 6 inches. 3. The subject property is located within the Harbor View Hills Planned Community (PC-3) Zoning District and the General Plan Land Use Element category is Single-Unit Residential (RS-D). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on May 26, 2016 in the Corona del Mar Conference Room (Bay E-1 st 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 pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. This exemption consists of additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition or 2,500 square feet, whichever is less. The proposed scope of work is to Zoning Administrator Resolution No. ZA2016-031 Page 2 of 6 add 380 square feet to an existing 2,168-square-foot dwelling, or approximately 17.5 percent of the existing floor area. 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: 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 single-story, single- family dwellings. 2. The proposed addition and setback encroachment at the ground level of an existing single-story, single-family dwelling will result in a residence that is compatible in bulk and scale with others in the Harbor View Hills community. 3. The approved front setbacks for the Harbor View Hills Planned Community (PC-3) vary on each lot. The proposed encroachments will result in a front setback that is still greater than the abutting and adjacent lots therefore, compatible with these neighbors. 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 Finding: 1. The subject property has a 25-foot front setback which is the largest required front setback on the block and the two adjacent blocks. 2. The 25-foot front setback is larger than the neighboring lots required front setbacks. With the proposed encroachments, the resulting setback will remain larger than all but two of the lots on both sides of the entire length of Port Ramsgate Place. 3. The property is uniquely located at the end of a cul-de-sac abutting a park. This location creates a curved front property line and irregular shape that inhibits the development of the buildable area of the lot. The irregular shape also affects the access to the lot. 03-08-2016 Zoning Administrator Resolution No. ZA2016-031 Page 3 of 6 4. The proposed encroachment is necessary to allow the entry, garage, and family room to be squared-off to a regular shape along the curved property. 5. The proposed addition and encroachment at the front would maintain the minimum 5- foot side setback, and the dwelling will continue to comply with the height limit, lot coverage and all other required setbacks from the PC-3 regulations the any other regulations applicable from the Zoning Code. 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. Facts in Support of Finding: 1. The proposed encroachments are only for the corners of the garage, entry and family room and result in a minimal total area of 16.5 square feet. The total length of the proposed encroachment is approximately 15.5 feet which is a minimal 2.8 percent of the buildable width of the lot (56 feet). 2. A strict application of the approved PC-3 front setback would require the corners of the garage, entry and family room to be set back even further than the minimum 25-foot requirement in order to be squared-off and be architecturally desirable. This would further inhibit development within the buildable area of the lot. 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. Without this approval the applicant would be required to provide the 25-foot front setback which coupled with the location and shape of the lot at the end of the cul-de- sac, unfairly impacts the buildable area of the property. 2. The encroachments of the corner of the garage, family room and a portion of the entry totals approximately 16.5 square feet, is minimal in nature and does not impact surrounding properties. However, denying the proposed encroachments would impact the subject property and not allow them to enjoy the property rights enjoyed by others in the neighborhood. 03-08-2016 Zoning Administrator Resolution No. ZA2016-031 Page 4of6 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. Facts in Support of Finding: 1. The proposed setback encroachment is minimal in nature and does not run the entire width of the buildable width of the lot. The subject property abuts a park on one side and a neighbor with an even lesser required front setback of 20 feet. The location of the encroachment will maintain a minimum 22-foot 6-inch front setback and will maintain the 5-foot required side setbacks. 2. The applicant/owner is required to obtain a building permit. The construction will then be inspected prior to final of building permits. 3. 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. 4. The location of the encroachments will not block air or sunlight to any adjoining property or affect protected public views. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2016-006 (PA2016-052), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. PASSED, APPROVED, AND ADOPTED THIS 26th DAY OF MAY, 2016. Patrick J. Alford, Zoning Administrator 03-08-2016 Zoning Administrator Resolution No. ZA2016-031 Page 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 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 encroachments shall maintain a minimum front setback of 22 feet 6 inches. 4. 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. 5. 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. 6. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 7. This approval shall expire and become void unless exercised within twenty-four (24) months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 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 related (directly or indirectly) to City's approval of the 1930 Port Ramsgate Modification Permit including, but not limited to, Modification Permit No. MD2016-006 (PA2016-052). 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 03-08-2016 Zoning Administrator Resolution No. ZA2016-031 Page 6 of 6 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. PUBLIC WORKS 9. The existing driveway shall be plugged per City Standard STD-165-L. 10. The new driveway approach shall be installed pursuant to City Standard STD-162-L. 11. Protect the existing water meter and service in place. A traffic rated box and cover shall be installed. 12. Install a new sewer cleanout within the public right-of-way per City Standard STD-406-L. 13. Provide a minimum 5-foot clearance from the top of the driveway X to the existing City street light pole along Port Ramsgate Place. 14. An encroachment permit is required for all work activities within the public right-of-way. 03-08-2016