HomeMy WebLinkAboutZA2016-052 - MODIFICATION PERMIT DUE TO SIZE OF EXISTING PARKING SPACES -429 Snug Harbor Road RESOLUTION NO. ZA2016-052
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2016-011 FOR A 21-PERCENT ADDITION TO
AN EXISTING NONCONFORMING SINGLE-UNIT DWELLING
LOCATED AT 429 SNUG HARBOR ROAD (PA2016-132)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Maurer Building and Design, with respect to property located
at 429 Snug Harbor Road, and legally described as Lot 140 in Tract 1218, City of
Newport Beach, County of Orange requesting approval of a modification permit.
2. The applicant proposes modification permit to allow an approximately 21-percent addition
to an existing non-conforming single-story, single-family residence where the Zoning
Code limits additions to 10 percent of the existing gross floor area when the required
parking dimensions are not provided. The non-conforming garage is currently 17-feet, 6-
inches wide by 20 feet deep, where a minimum 20-foot by 20-foot dimension is required.
The project proposes an approximate 400-square-foot addition to the existing 1,895-
square-foot dwelling to create a new master bedroom and bathroom.
3. The subject property is located within the Single-Unit Residential (R-1) Zoning District
and the General Plan Land Use Element category is Single-Unit Residential Detached
(RS-D).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on September 15, 2016, 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 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) of the Guidelines for CEQA.
2. This exemption includes additions up to 10,000 square feet where public services and
utilities are available and the area is not considered environmentally sensitive. The
proposed project is an approximately 400-square-foot addition to an existing single-
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residence in a developed neighborhood and is not within an environmentally sensitive
area.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050.E (Modification Permits — Required Findings) 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 one-story and two-story single-unit dwellings. The
Modification Permit will allow expansion of the existing single-story, single-unit
dwelling, which is compatible with other properties in the neighborhood.
2. The addition would increase the dwelling by approximately 400 square feet, to provide
for a new master bedroom. The proposed alterations will comply with all applicable
development standards, including height, setbacks, and open volume and will not
intensify or alter the existing nonconforming parking.
3. The proposed addition will result in a total floor area of approximately 2,292 square
feet (including the 370-square-foot garage), which is equal or less than the bulk and
scale of other single-unit dwellings within the neighborhood.
4. 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 proposed addition.
Finding-
B.
indin :8. 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 interior dimensions of the existing two-car garage were compliant with the
County of Orange Zoning Code at the time of construction. The area was annexed
from the County in 1953 and at the time of annexation the existing garage was
compliant with the Newport Beach Zoning Code. However, as a result of
amendments to the Zoning Code, the two-car garage is now substandard in size,
and is therefore legal nonconforming.
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2. Moving the garage wall that is not within the area of the proposed construction
would be costly and significantly increase the scope of the project in order to gain 2
feet, 6 inches of garage width.
3. The granting of the Modification Permit is necessary to allow a reasonable addition
to an existing dwelling that was constructed in compliance with garage standards in
effect at the time of original construction, and that are adequate in width for the
parking of two (2) vehicles.
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 addition will expand the master bedroom towards the rear yard of the property.
Increasing the width of the garage to 20 feet would affect the existing laundry room
and result in a practical difficulty by requiring significant structural alterations to the
structure and a significant expansion in the scope of work in order to increase the
width of the garage by approximately 2 feet, 6 inches. Widening the garage by
moving the exterior wall towards the front property line is not feasible because it
would encroach into the front setback.
2. The existing garage provides two (2) useable garage spaces only slightly less than
the required width therefore fulfilling the intent of the Zoning Code by providing
adequate parking on-site. Approval of the Modification Permit allows the applicant
to continue using the existing two-car garage, which has not proven detrimental to
the occupants or neighbors of the dwelling. Also, the driveway meets the minimum
length (more than 20-feet-deep) to provide two additional parking spaces on-site.
Finding-
D.
indin :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.
inding:1. The alternative would require that the applicant bring the existing two-car garage into
conformance by expanding the garage width. Expanding the garage width would
require significant alterations to the structure well beyond the scope of the planned
small addition.
2. The other alternative is to reduce the size of the addition to not more than 10 percent
of the existing floor area of the structure and comply with the requirements of the
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Zoning Code. Given the proposal is to create a new master bedroom, a redesign to
reduce the size of the addition will not allow the project to meet these objectives of the
applicant.
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 one-story addition would maintain all required setbacks and will provide
adequate protection for light, air, and privacy. The addition will not preclude access to
the dwelling and will be consistent in scale with other dwellings in the neighborhood.
2. The existing nonconforming garage has not proven to be detrimental to the occupants
of the property, nearby properties, the neighborhood, or the City and is adequate in
width to park two (2) vehicles.
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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Modification
Permit No. MD2016-011, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
Patrick J. Alford, Zoning Administrator
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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. Each parking space within the garage shall be permanently available and maintained for
parking purposes. The interior dimensions (17-feet, 6-inches wide by 20 feet deep) shall
be kept clear of obstructions including cabinets, shelving, or similar that may impact the
ability to adequately park two (2) vehicles.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
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, including for the existing improvements that were constructed
without the benefit of building permits. 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. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current property owner or the leasing agent.
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 relate (directly
or indirectly) to City's approval of the 429 Snug Harbor Modification including, but not
limited to, Modification Permit No. MD2016-011 (PA2016-132). 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
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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.
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