Loading...
HomeMy WebLinkAbout1707 - APPROVE UP, DENY MD AND APPROVE PORTIONS OF A LEGAL NONCONFORMING DWELLING_15 BAY ISLANDRESOLUTION NO. 1707 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2006 -030, DENYING MODIFICATION PERMIT NO. 2006 -118 AND APPROVING PORTIONS OF A LEGAL NONCONFORMING DWELLING TO BE RECONSTRUCTED AT 28 FEET IN HEIGHT FOR PROPERTY LOCATED AT 15 BAY ISLAND (PA2006 -247) WHEREAS, an application was filed by Mr. and Mrs. James Ray with respect to property located at 15 Bay Island, and legally described as a Portion of Section 34, Tract 65, Range 10W of Orange County, requesting approval of a Use Permit to allow structural alterations to an existing legal nonconforming dwelling of up to 75% of the structural elements, a Modification Permit to allow a second -level deck to encroach into the front yard setback and a shade /trellis structure to encroach into a side yard, and Planning Commission approval to allow portions of a legal nonconforming dwelling to be reconstructed up to 28 feet in height; and WHEREAS, a public hearing was held on December 7, 2006, in'the City Hall Council Chambers located at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. The application, plans, a staff report and evidence, both written and oral, were presented to and considered by the Planning Commission at this meeting; and WHEREAS, the project consists of the reconstruction, remodel and addition to an existing detached, single - family dwelling and is consistent with the 2006 Updated General Plan Land Use Element which designates the site for Multiple -Unit Residential Detached (RM -D) uses; and WHEREAS, the subject property is located in the Multi - Family Residential (MFR) zoning district with a Planned Residential Development (PRD) Overlay, and the project consists of the reconstruction, remodel and addition of 414 square feet to an existing single - family dwelling, and the reconstruction, remodel and addition has been designed to comply with all applicable development regulations of the MFR zone and Bay Island PRD Use Permit No. 3618, with the exception of the limitation on the amount of structural alterations allowed to a legal nonconforming structure and with the exception of the building height limit; and WHEREAS, a Use Permit to allow alterations of up to 75% of the structural elements of the existing legal nonconforming dwelling has been presented in accordance with Chapter 20.62 of the Newport Beach Municipal Code and such Use Permit may be approved upon making the following findings: 1. Finding: The cost of the improvements to be made is minor in comparison to the value of the existing nonconforming condition. City of Newport Beach Planning Commission Resolution No. _ Paqe 2 of 5 Fact in Support of Finding: The cost of the improvements ($410,500) to be made is minor in comparison to the value of the existing legal nonconforming dwelling which is estimated to be $1.4 million. 2. Finding: The cost of correcting the nonconforming condition would exceed the cost of the other alterations proposed. Fact in Support of Finding: The cost of correcting the nonconforming condition is estimated to be approximately $491,000 and exceeds the cost of proposed alterations which is valued at approximately $410,500. 3. Finding: Retention of the nonconforming condition is necessary to maintain reasonable use of the structure. Fact in Support of Finding: Retention of the nonconforming condition is necessary to maintain reasonable use of the structure, as demolition of the entire structure would be required to bring the dwelling into conformance with the 24- foot height limit. 4. Finding: The alteration does not increase the structure's inconsistency with the regulations of the Zoning Code. Fact in Support of Finding: The alteration does not increase the structure's inconsistency with the regulations of the Zoning Code as the portion of residence proposed for reconstruction is 28 feet in height which is lower than the existing legal nonconforming building. WHEREAS, the project as proposed, pursuant to the conditions under which it will be operated and maintained, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. The project as proposed will be consistent with other properties and improvements in the vicinity because the project will comply with the development standards and regulations of the MFR -PRD Zoning District and Use Permit No. 3618, with the exception of alterations of up to 75% of the structural elements to the existing legal nonconforming dwelling and to allow portions of the legal nonconforming dwelling to be reconstructed up to 28 feet maximum in height. 2. The project as proposed will not be detrimental to the properties or improvements in the vicinity because it is compatible and consistent with the height and scale of City of Newport Beach Planning Commission Resolution No. Paae 3 of 5 other adjacent and surrounding dwellings because of the predominance of dwellings constructed when the height limit was 35 feet, and as such will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood. 3. The project as proposed will comply with the provisions of this code, including the development standards and regulations of the MFR -PRD Zoning District in which the project is located and Use Permit No. 3618, with the exception of alterations of up to 75% of the structural elements to the existing legal nonconforming dwelling and to allow portions of the legal nonconforming dwelling to be reconstructed up to 28 feet maximum in height. WHEREAS, the encroachment of the proposed deck at the second level of the main living floor is consistent with and allowed pursuant to Section 1.5.1 B of Use Permit No. 3618, and therefore, no Modification Permit is required for this structure; and WHEREAS, the proposed one -foot encroachment of a shade or trellis -type structure beyond the building envelope is determined to be an architectural feature that is permitted to project into a side yard pursuant to Section 20.60.030 B of the Zoning Code, and therefore, the request for a Modification Permit was removed for consideration by the Planning Commission; and WHEREAS, the proposed reconstruction of the residence at a maximum height of 28 feet as measured in accordance with Chapter 20.65 of the Municipal Code is compatible and consistent with the height and scale of adjacent and surrounding dwellings on Bay Island. This is supported by the fact that many of the surrounding buildings exceed 28 feet in height as they were built when the height limit was 35 feet and that the Bay Island Club has reviewed and approved the proposed improvement plans; and WHEREAS, the project qualifies for a categorical exemption pursuant to Title 14, California Code of Regulations, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act, under Class 1 (Existing Facilities). This exemption allows for interior and exterior alterations and additions to an existing single - family residence. NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS: Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2006 -030 and approves the building height to be a maximum of 28 feet, all subject to the Conditions of Approval in Exhibit "A" attached hereto and made hereof. City of Newport Beach Planning Commission Resolution No. Page 4 _ of 5 Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 7h DAY OF DECEMBER, 2006. AM M AYES: Eaton, Peotter, Hawkins, Cole and Toerge NOES: McDaniel ABSENT: City of Newport Beach Planning Commission Resolution No. Paae 505 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2006 -030 1. The development shall be in substantial conformance with the approved site plan, floor plan, and elevations stamped with the date of this meeting, except as noted in the following conditions. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Automatic fire sprinklers shall be provided within the reconstructed and remodeled residence, in conformance with the Building and Fire Code requirements. 4. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. 5. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 6. The demolition, reconstruction, addition and remodel shall be as depicted on the approved plans. In no case shall the total alteration of the existing structural elements exceed 75% of the existing building. Alterations in excess of 75% of the structural elements shall render Use Permit No. 2006 -030 null and void and shall require approval of a Variance. 7. The reconstructed portion of the dwelling shall be a maximum height of 28 feet as measured in accordance with Chapter 20.65 of the Municipal Code.