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HomeMy WebLinkAboutZA2017-068 - MODIFICATION PERMIT FOR ADDITION TO SFR WITH NONCONFORMING PARKING DIMENSIONS - 20162 SPRUCE AVENUE RESOLUTION NO. ZA2017-068 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2017-005 FOR A 45-PERCENT ADDITION TO AN EXISTING NONCONFORMING SINGLE-UNIT RESIDENCE LOCATED AT 20162 SPRUCE AVENUE (PA2017-153) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ryan Schleiger, with respect to property located at 20162 Spruce Avenue, and legally described as Lot 33 in Tract 1506, requesting approval of a modification permit. 2. The applicant proposes a modification permit to allow a 45-percent addition to an existing single-family residence with nonconforming parking. The Zoning Code limits additions to 10 percent of the existing gross floor area when the required parking dimensions are not met. The nonconforming garage provides an interior width of 19 feet 4 inches and a depth of 19 feet 5 inches, where a minimum 20-foot by 20-foot interior dimension is required. 3. The subject property is designated as Residential Single-Family (RSF) within the Santa Ana Heights Specific Plan (SP-7) 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 14, 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) 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 a 718-square-foot addition to an existing single-family residence in a developed neighborhood and is not within an environmentally sensitive area. Zoning Administrator Resolution No. ZA2017-068 Page 2 of 7 03-08-2016 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050.E (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 addition would increase the dwelling by 718 square feet for a new bedroom, bathroom, laundry room, and expanded kitchen. The proposed addition will comply with all applicable development standards, including height and setbacks. The proposed addition will not intensify the nonconforming parking. 2. Development along Spruce Avenue consists of single-story and two-story single- family residences. The existing 1,586-square-foot single-family residence consists of a single-story and was constructed in 1952. The proposed 718-square-foot addition, which includes a kitchen expansion, new laundry room, and new master suite, are single-story. The areas of addition will not exceed the height of the existing roof and is consistent with the design and height of other properties in the neighborhood. 3. The existing development on the property is a single -family dwelling with a two-car garage. Therefore, there is no change to the density 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. The interior dimensions of the existing two -car garage were compliant with the County of Orange standards at the time of construction. The area was annexed in 2003 and, at the time of annexation, the existing garage was compliant with the Newport Beach Zoning Code. As a result of the amendments to the Zoning Code in 2010, the two-car garage is now substandard in size, and is therefore legal nonconforming. 2. Modifying the garage walls, which are not within the area of the proposed construction, would be costly and significantly increase the scope of the project in order to gain 8 inches of garage width and 7 inches of garage depth. Zoning Administrator Resolution No. ZA2017-068 Page 3 of 7 03-08-2016 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. Additionally, the driveway in front of the garage allows for up to two (2) open parking spaces on-site. 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 additions are to allow a kitchen expansion located behind the garage and a master suite located near the rear of the residence. Neither areas of addition result in the need to modify the garage located at the front of the residence. Increasing the width and depth of the garage to satisfy current parking requirements would require major structural alterations to the north and east walls and result in a significant increase in the scope of work. 2. The existing laundry area is located in the garage which further restricts the usable dimensions for parking purposes. As part of the proposed addition, the laundry will be relocated to a new laundry room, which will result in the increased usability of the existing garage. 3. The existing garage provides two (2) useable garage spaces only slightly less than the required widths and fulfills the intent of the Zoning Code by providing adequate parking on-site. The driveway is approximately 19 feet wide by 30 feet deep, which may serve as two (2) additional open parking spaces on-site. Approval of the Modification Permit allows the applicant to continue using the existing two -car garage, which has not been detrimental to the occupan ts or neighbors of the dwelling, and allows for a reasonable size addition. 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. Bringing the garage into compliance with current Zoning Code requirements would provide a negligible benefit, but it would unreasonably require significant alterations to the structure well beyond the scope of the planned small addition. Zoning Administrator Resolution No. ZA2017-068 Page 4 of 7 03-08-2016 2. The applicant may reduce the addition to not exceed 10 percent of the existing floor area of the structure to comply with the requirements of the Zoning Code. Given the intent of the project is to provide an expanded kitchen, a new laundry room, and a new master suite, a redesign to reduce the size of the addition will significantly impact the objectives of the project and would not provide similar benefits to 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 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. Additionally, the driveway in front of the garage allows for up to two (2) open parking spaces on-site, further minimizing impacts to on-street parking in the community. 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. MD2017-005, 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 following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code . Zoning Administrator Resolution No. ZA2017-068 Page 5 of 7 03-08-2016 PASSED, APPROVED, AND ADOPTED THIS 14th DAY OF SEPTEMBER, 2017. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2017-068 Page 6 of 7 03-08-2016 EXHIBIT “A” CONDITIONS OF APPROVAL 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 (19 feet 4 inches wide by 19 feet 5 inches deep) shall be kept clear of obstructions including cabinets, laundry facilities, 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 Schleiger Residence Modification Permit including, but not limited to, Modification Permit No. MD2017-005 (PA2017-153). 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' Zoning Administrator Resolution No. ZA2017-068 Page 7 of 7 03-08-2016 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.