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HomeMy WebLinkAboutZA2018-116 - MODIFICATION PERMIT TO ALLOW A 3-INCH ENCROACHMENT INTO A REQUIRED 6-FOOT SIDE SETBACK - 1608 RUTH LANERESOLUTION NO. ZA2018-116 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2018-006 TO ALLOW A 3-INCH ENCROACHMENT INTO A REQUIRED 6-FOOT SIDE SETBACK AT 1608 RUTH LANE (PA2018-193) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Scott Way (“Owner”), with respect to property located at 1608 Ruth Lane, requesting approval of a modification permit. 2. The property is legally described as Lot 19 of Tract 1645 in Newport Beach. 3. The applicant proposed a 440-square-foot second floor addition and first floor remodel to an existing nonconforming 2,714-square-foot single family residence. The structure is nonconforming because the existing residence projects a maximum of 9 inches into the required 6-foot left side yard setback. The request for a modificaiton permit is necceasry to allow the the proposed second floor to encroach a maximum of 3 inches into the left side yard setback, consistent with the nonconforming first floor. 4. The subject property is designated RS-D (Single-Unit Residential Detached) by the General Plan Land Use Element and is located within the R-1-6000 (Single-Unit Residential) Zoning District. 5. The subject property is not located within the coastal zone. 6. A public hearing was held on October 25, 2018, 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 hearing 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 hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is 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 (CEQA) under Class 1 (Existing Facilities), because it has no potential to have a significant effect on the environment. 2. Class 1 exempts additions of 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 440-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. ZA2018-116 Page 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050.E (Modification Permits – Required Findings) of the Newport Beach Municipal Code (NBMC), 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- and two-story single-unit dwellings. The Modification Permit will allow expansion of the existing two-story, single-unit dwelling, which is compatible with other properties in the neighborhood. 2. The addition would increase the dwelling by 440 square feet, to enlarge a bedroom and bathroom on the second floor. With the exception of a three-inch encroachment into the left side setback, the proposed addition will comply with all applicable development standards, including height, parking and site coverage. The proposed addition will not encroach farther into the side setback than the existing legal nonconforming first floor below. 3. The proposed addition will result in a total floor area of approximately 3,154 square feet (including the 464-square-foot garage), which is consistent with the bulk and scale of the other single-unit dwellings within the neighborhood. 4. The existing development on the property is a single -family dwelling and will remain 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. The side setback of the existing two-story single-family residence was compliant with the Newport Beach Zoning Code at the time of construction in 1958. As a result of amendments to the Zoning Code, the structure’s side setback is substandard in width and is therefore legal nonconforming. 2. The lot has a slight rhombus-like shape and the existing single-family residence was constructed with side wall alignments that are not parallel with the side property lines. Zoning Administrator Resolution No. ZA2018-116 Page 3 of 7 Consequently, the structure’s distance from the north property line ranges from five feet, nine inches to six feet, seven inches. 3. Redesigning the addition to comply with the six-foot side setback would be costly and significantly increase the scope of the project in order to gain three additional inches of separation from the side property line. 4. The granting of the Modification Permit is necessary to allow a reasonable addition to an existing dwelling that was constructed in compliance with setback standards in effect at the time of original construction. The home will maintain five-foot, nine-inch setbacks at its closet point which adequately provides separation from the adjacent property for light and ventilation. 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. See Fact in Support of Finding B(2). 2. The second-story addition is proposed in line with the nonconforming first story below, which encroaches a maximum of three inches in this location. Redesigning the addition to comply with the six-foot side setback would require additional framing elements to properly support the addition, thereby significantly increasing the cost and scope of the project. 3. The existing nonconforming structure provides a minimum setback of five feet, 3 inches and the proposed addition will provide a minimum setback of five feet, nine inches, only three inches less than the standard six-foot setback. The setbacks provide adequate light, air and separation from the neighboring property; therefore, fulfilling the intent of the Zoning Code. Approval of the Modification Permit allows the applicant to constru ct a 440-square-foot addition that is consistent with and in line with the setbacks of the existing structure, which has not proven detrimental to the occupants or neighbors of the dwelling. 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. Zoning Administrator Resolution No. ZA2018-116 Page 4 of 7 Facts in Support of Finding: 1. The alternative would require that the applicant construct the second-story addition in compliance with the six-foot side setback. This would require the second story wall to be off-set from the first story below by up to three inches. This would require significant changes to the framing and structural design of the addition well beyond the scope of the small addition. 2. The other alternative is to reduce the size of the addition, and only construct the second story addition above the first story with conforming setbacks. Given the intent of the project is to provide a larger bedroom and bathroom on the second floor, a redesign will significantly impact the project and not meet the 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 second-story addition complies with height and site coverage limitations and provides a five-foot, nine-inch side setback that 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. The addition runs 17 feet nine inches along the left side property line. However, due to the slightly irregular shape of the lot, only approximately 7 feet of the addition will encroach into the 6 -foot side setback. 2. The existing nonconforming structure has not proven to be detrimental to the occupants of the property, nearby properties, the neighborhood, or the City. 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. MD2018-006, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2018-116 Page 5 of 7 2. This action shall become final and effective fourteen (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 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF OCTOBER, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-116 Page 6 of 7 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. This approval shall expire and become null and void unless exercised within twenty- hour (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. 3. The applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department, including for 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. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this modification permit. 6. Prior to issuance of the building permits, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 7. 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 coastal development permit 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 coastal development permit. 8. 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 the current property owner or agent. 9. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA: Zoning Administrator Resolution No. ZA2018-116 Page 7 of 7 A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 10. 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 Way Residence including, but not limited to, Modification Permit No. MD2018- 006 (PA2018-193). 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. Public Works Department 11. Existing street trees shall be protected in place. 12. Ruth Lane is on the City’s street-cut moratorium list. Any damage to said street will require moratorium street repair. 13. Reconstruct all damaged/broken concrete curb, gutter and sidewalk per City Standard. Extent of repair shall be per the Public Works Inspector.