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HomeMy WebLinkAboutZA2012-009 Ceiba Place ModificationRESOLUTION NO. ZA2012 -009 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. 2012 -005 TO ALLOW AN ADDTION TO A NONCONFORMING STRUCTURE LOCATED AT 807 CEIBA PLACE (PA2012 -016) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Andy and Ya -Lei Betz with respect to property located at 807 Ceiba Place, and legally described as Lot 26 of Tract 5018 requesting approval of a Modification Permit to allow an addition that exceeds 10% to a single -unit dwelling that is nonconforming because the interior width of the two -car garage is 19 feet, 1 inch where Section 20.40.090 (Parking Standards for Residential Uses) of the Zoning Code requires a minimum width of 20 feet for a lot wider than 40 feet. 2. The subject property is located within the R -1 -6,000 (Single -Unit Residential) Zoning District and the General Plan Land Use Element category is RS -D (Single -Unit Residential Detached). 3. The subject property is not located within the Coastal Zone. 4. A public hearing was held on February 29, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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 under the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1 — Existing Facilities). 2. Class 1 provides for additions to existing structures provided that the addition will not result in an increase of more than 10,000 square feet; and the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the area in which the project is located is not environmentally sensitive. Zoning Administrator Resolution No. ZA2012 -009 Page 2 of 6 SECTION 3. REQUIRED FINDINGS. 1. In accordance with Section 20.52.050.E (Findings and decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a Modification Permit are set forth: Finding A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding 1. The modification permit will allow an addition to a single - family residence within a single - family residential subdivision. 2. The applicant is proposing a 45- percent addition to the existing structure. The proposed addition will comply with all of the development standards, including lot coverage, height, and setbacks, and will not intensify or alter the existing nonconformity. 3. The resulting structure will be 2,835 square feet and similar in character and size to other homes located in the neighborhood. 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 dwelling units in this area were constructed with garages that were in compliance with the Zoning Code at the time of construction. 2. Given the design of the existing structure and proposed scope of work, bringing the garage into conformance would require a significant expansion in the scope and cost of the project. 3. The Zoning Code specifies minimum interior dimensions for parking space, which vary by lot width. Although, the existing garage is nonconforming in regards to the minimum width dimension required for lots greater than 40 feet wide, it is consistent with the width requirements for garages on lots less than 40 feet wide and still provides two useable garage spaces. Thereby, the existing nonconforming garage meets the intent of the Zoning Code by providing adequate parking but is deficient as to meeting the minimum width requirement. Approval of the Modification Permit to allow the 45- percent addition is reasonable given the use of the structure. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012 -009 Page 3 of 6 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 existing two -car garage was in compliance with the Zoning Code at the time of original construction. However, as a result of amendments to the Zoning Code, the garage is now substandard in size in regards to width, but does provide adequate space to park two vehicles. 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 alternatives would require that the applicant bring the garage into conformance by expanding the scope of the project or requesting a Variance for a setback encroachment. 2. Approval of the Modification Permit allows the applicant to the continued use of the two - car garage which has not proven detrimental to the occupants or neighbors. 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. Though the width of the two -car garage will be less the minimum required by the Zoning Code, it provides sufficient area for use as a two -car garage. 2. The existing driveway area is large enough to provide a single, additional parking space. 3. The project will not increase the nonconforming status and will comply with all other provisions of the R -1 -6,000 Zoning District. 4. The existing nonconforming garage has not proven to be detrimental to the surrounding neighborhood. Tmplt: 03/08/11 Zoning Administrator Resolution No. ZA2012 -009 Page 4 of 6 5. The addition will result in a home similar or smaller in scale to other homes in the neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2012 -005, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. Modification Permit applications do not become effective until 14 days following the date of action. Prior to the effective date, the applicant or any interested party may appeal the decision of the Zoning Administrator to the Planning Commission by submitting a written appeal application to the Community Development Director. For additional information on filing an appeal, contact the Planning Division at 949 - 644 -3200. APPROVED, AND,,QDOPTED THIS 29TH DAY OF FEBRUARY, 2012. 0 , Zoning Administrator TmpIC 03/08/11 Zoning Administrator Resolution No. ZA2012 -009 Page 5 of 6 CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted in the following conditions. 2. If any of the existing public improvements surrounding the site are damaged by private work, new concrete sidewalk, curb and gutter, street pavement, and other public improvements will be required by the City at the time of private construction completion. Said determination and the extent of the repair work shall be made at the discretion of the Public Works inspector. 3. 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 Modification 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 Modification Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 4. A building permit shall be obtained prior to commencement of the construction. 5. A copy of the conditions of approval shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 6. All work performed within the public right -of -way shall be reviewed and approved by the Public Works Department under an encroachment permit/agreement, if required. 7. The applicant shall reconstruct the existing broken and /or otherwise damaged concrete driveway approach along the Ceiba Place frontage per City Standard STD - 162 -L. 8. A new sewer cleanout shall be installed on the existing sewer lateral per City Standard STD - 406 -L. Said sewer cleanout shall be located within the public right -of -way. 9. The proposed addition and related work shall comply with the California Building Code and all adopted local amendments. 10. This approval shall expire unless exercised within 24 months from the approval date, as specified in Section 20.93.050 (A) of the Newport Beach Municipal Code. Prior to the expiration date of this approval, an extension may be approved in accordance with Section 20.93.050 (B) of the Newport Beach Municipal Code. Requests for an extension must be in writing. Tmplt: 03/08111 Zoning Administrator Resolution No. ZA2012 -009 Page 6 of 6 11. To the fullest extent permitted by law, the 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 Betz Residence Addition including, but not limited to, Modification No. MD2012 -005 (PA2012 -016). 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. Tmplt: 03/08/11