HomeMy WebLinkAboutZA2012-017 Nguyen Residence Parking ModificationRESOLUTION NO. ZA2012 -017
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2012 -006 FOR THE LOCATION OF REQUIRED
PARKING LOCATED AT 129 241h STREET (PA2012 -023)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Rod A. Jeheber on behalf of the property owner, with respect
to property located at 129 24th Street, and legally described Lot 21, Block 24 of the
Newport Beach City Tract requesting approval of a Modification Permit.
2. The applicant proposes to construct a new, single - family residence with one garage
space and one carport space to satisfy the residential parking standard which requires
two spaces within a garage.
3. The subject property is located within the Single -Unit Residential (R -1) Zoning District
and the General Plan Land Use Element category is Single -Unit Residential Detached
(RS -D).
4. The subject property is located within the coastal zone in the categorical exclusion zone.
The Coastal Land Use Plan category is Single Unit Residential Detached - (20.0 - 20.9
DU /AC) (RSD -D).
5. A public hearing was held on April 11, 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 under Class 3 (New Construction or
Conversion of Small Structures).
2. Class 3 provides for the construction and location of new, small structures including
one single - family residence in a residential zoning district.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050 E. (Required Findings, Modification Permits) of the
Newport Beach Municipal Code (NBMC), the following findings and facts in support of the
finding for a Modification Permit are set forth:
Zoning Administrator Resolution No. 2012 -017
Page 2 of 5
Finding:
A. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1. The neighborhood is developed with single- and two- family residences with vehicular
access from the alley.
2. The requested modification will allow the applicant to maintain vehicular access from the
alley and provide two -car parking for the new single - family residence.
3. The proposed carport will be adjacent to the interior lot line and will not be visible from
Balboa Boulevard.
4. As conditioned, the carport area will count towards the maximum floor area limit for the
property to prevent an advantage by granting an alternative location for parking.
Finding:
B. 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 narrow lot dimensions present a practical difficulty and preclude the construction
of a two -car garage with the required minimum clear interior width.
2. Although a two -car tandem garage is feasible, the required depth of 35 feet would
result in a first floor that is constrained and unusually narrow.
3. Although granting the modification would allow deviation from the required parking
standards, two usable parking spaces would be maintained for the single - family
residence; thus, the purpose and intent of the Zoning Code is upheld.
Finding:
C. 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 buildable width of the lot narrows from 17 feet, 9 '/2 inches to 14 feet, 2 inches.
Section 20.40.090 (Parking Standards for Residential Uses) of the Zoning Code
requires a two -car garage with a minimum clear interior width of 17 feet, 6 inches.
Tmplt: 12/15/2011
Zoning Administrator Resolution No. 2012 -017
Page 3 of 5
2. There is no feasible method of providing the minimum clear interior width without
encroaching into a required side setback area. The granting of the modification will
allow the applicant to provide the required parking in a manner that is least obtrusive
to the adjacent neighbor and as seen from Balboa Boulevard.
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. Section 20.52.050 (Modification Permits) of the Zoning Code specifies that a
Modification Permit may be granted to allow relief from a development standard
including deviations from the size, access, and /or location of parking spaces.
2. The granting of the Modification Permit allows the applicant to use one partially
covered carport space in place of one enclosed garage space to satisfy the parking
requirement for a single - family residence.
3. Although a two -car tandem garage is feasible for the property, its construction would
create a first floor area that is constrained and unusually narrow.
4. In order to construct a two -car garage with the required clear interior width, the
applicant would need to pursue a variance for encroachments into the required side
setback. The encroachments would locate the garage walls either closer to the
neighboring property or closer to Balboa Boulevard which could prove detrimental.
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.
Fact in Support of Finding
1. The existing development on the property is a single - family residence and the
proposed development is a single - family residence. As such, there is no change to the
density or intensity.
2. The granting of the modification would provide relief from the residential parking
requirement of a two -car garage, but would maintain the required two spaces and
would preclude any detriment on nearby properties.
Tmplt: 12/15/2011
Zoning Administrator Resolution No. 2012 -017
Page 4 of 5
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves PA2012 -023 for
MD2012 -006, 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 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 11th DAY OF APRIL, 2012.
I
Wisneski; AIPP, Zoning Administrator
Tmplt: 12/15/2011
Zoning Administrator Resolution No. 2012 -017
Page 5 of 5
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 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.
3. The area of the covered carport shall be included in the square footage calculations
and shall count towards the maximum floor area limitation of the property.
4. A copy of the resolution with conditions of approval shall be incorporated into the
Building Division and field sets of plans prior to the issuance of building permits.
5. 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.
6. 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 Nguyen Residence Parking Mod including, but not
limited to, the PA2012 -023 for MD2012 -006. 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: 1211512011