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HomeMy WebLinkAboutZA2017-010 - MODIFICATION PERMIT FOR REMODEL AND ADDITION TO EXISTING SFR - 461 Morning Canyon RESOLUTION NO. ZA2017-010 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2016-018 FOR A TWO-CAR TANDEM GARAGE ADDITION TO A SINGLE-FAMILY RESIDENCE WITH A LOT WIDTH OF OVER 40 FEET LOCATED AT 461 MORNING CANYON ROAD (PA2016-210) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Phil Nielsen of Philip J. Nielsen Design and Drafting, with respect to property located at 461 Morning Canyon Road, and legally described as Lot 43 in Tract 1237 requesting approval of a modification permit. 2. The applicant proposes a modification permit to construct a two-car tandem parking garage attached to a single family home. The proposed garage addition will replace an existing 437-square-foot two-car garage. Required dimensions for a two-car garage are 20 feet wide by 20 feet deep. Proposed dimensions are 10 feet 8 inches wide by 35 feet 4 inches deep. The Zoning Code provides the Modification Permit process for deviations from size or location of parking spaces. 3. The subject property is located within the Two-Unit Residential (R-2-6000) 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 and is designated Two Unit Residential (RT-C). 5. A public hearing was held on February 16, 2017, 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). 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 Zoning Administrator Resolution No. ZA2017-010 Page 2 of 6 proposed project is a 536-square-foot addition to an existing single-family 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 predominately one-story one- and two-unit dwellings. The Modification Permit will allow expansion of the existing one-story, single-family residence, which is compatible with other properties in the neighborhood. 2. The addition would increase the dwelling by 536 square feet to add a tandem two-car garage, convert an existing garage to living space, and create space in the backyard for a swimming pool. The proposed addition will comply with all applicable development standards including height, setbacks, and site coverage. 3. The proposed addition will result in a total floor area of approximately 3,507 square feet (including the 432-square-foot garage), which is equal or less than the bulk and scale of the other dwellings within the neighborhood. 4. The existing development on the property is a single-family dwelling. Therefore, there is no change to the density or intensity as a result of the proposed remodel and addition. 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. inding:1. Construction of a conforming garage with a width of 20 feet at the front of the property would require significant structural alterations and a significant remodel of the existing home, and would therefore greatly increase the scope of the project. 2. In its current location, the two-car garage requires a driveway to span from the street to the rear of the property, preventing the back yard area from being used as outdoor recreational space. 03-03-2015 Zoning Administrator Resolution No. ZA2017-010 Page 3 of 6 3. The granting of the Modification Permit is necessary to allow a reasonable addition and swimming pool to an existing dwelling. The proposed garage will provide adequate parking for two vehicles and will allow one additional vehicle to be parked on the driveway. 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 remodel of the home includes the conversion of the existing two-car garage to living space at the rear of the structure. The new garage is proposed near the front of the property. Construction of a 20-foot-wide garage near the front of the property will require a significant remodel of the home and will significantly increase the scope of work of the project. 2. The proposed garage will provide two usable garage spaces and fulfills the intent of the Zoning Code by providing adequate parking on-site. Approval of the Modification Permit allows the applicant to provide two parking spaces in the garage and accomplish the goal of removing the existing driveway that extends to the existing garage. 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 alternative would require that the applicant construct a new garage with required dimensions 20 feet wide by 20 feet deep at the front of the property. This width would require significant alterations to the existing structure well beyond the scope of the planned addition. 2. The other alternative is to leave the existing garage in place and instead construct a livable space addition to the home. Given the intent of the project is to provide a garage closer to the street and eliminate the need for a driveway that extends to the rear of the property, this redesign will significantly impact the project and not meet the objectives of the applicant. Finding- E. indin :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 03-03-2015 Zoning Administrator Resolution No. ZA2017-010 Page 4 of 6 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 proposed tandem garage is adequate in depth to park two (2) vehicles and is therefore not anticipated to be detrimental to the occupants of the property, nearby properties, the neighborhood, or the City. 3. The proposed addition will result in site coverage of 52 percent and is less than the maximum 60 percent allowed by Zoning Code. 4. 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. MD2016-018, 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 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 16th DAY OF FEBRUARY, 2017. BY: Patrick J. Alford, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2017-010 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. Each parking space within the garage shall be permanently available and maintained for parking purposes. The interior dimensions (10 feet wide by 35 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 Riley Garage Modification including, but not limited to, Modification Permit No. MD2016-018 (PA2016-210). 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 03-03-2015 Zoning Administrator Resolution No. ZA2017-010 Page 6 of 6 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. PUBLIC WORKS DEPARTMENT 9. The decorative driveway within the public right of way shall be removed. 10. The driveway shall be reconstructed per City Standard STD-164-L. Entire driveway including flares/driveways Xs shall be within the prolongation of the side property line. BUILDING DIVISION 11. Plans shall be designed under the 2016 California Residential Code. 03-03-2015