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HomeMy WebLinkAboutZA2012-031 Modification Permit No. MD2012-013.RESOLUTION NO. ZA2012 -031 A RESOLUTION OF THE ZONING .ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2012 -013 TO ALLOW AN ADDITION TO A NONCONFORMING STRUCTURE LOCATED AT �(PA2012-083) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An. application was filed .by�� Iwith respect to property located at and legally described as 2. A Modification ,Permit to allow a 34 percent addition (1,170 square feet) to an existing 3,461- square -foot, nonconforming single -unit residence. The Zoning Code limits additions to 10 percent of the existing floor area of the structure because the interior dimensions of the. existing two -car garage (19 feet 3 1/2 inches deep by 19 feet 5 inches wide) are less than the minimum required by Code (20 feet by 20 feet). The proposed addition complies with all other development standards. 3. The. _subject property is located within the R -1I 6,000 (Single -Unit Residential) Zoning_ District and the General Plan Land Use Element category is RS -D (Single -Unit Residential Detached), 4. The subject property is located within the Coastal Zone and has a Coastal Land Use designation of RSD -A (Single Unit Residential Detached - 0.0 - 5.9 DU /AC) 5. A public hearing was held on August 15, 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, bath written and oral, was presented to; and considered by, the Zoning Administrator at this meeting, SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the addition of 1,170 square feet to an existing, 3,461 - square -foot single family residence. This exemption includes additions to the existing structure up to 50 percent of the existing floor area or 2,500 square feet, whichever is less. This project therefore qualifies for this exemption. Zoning Administrator Resolution No. ZA2012 -031 Page 2 of 6 SECTION.3, REQUIRED FINQINGS. In accordance with Section 20:52:050 E, (Required Findinas, Oodification Permits) of the Newport BeaIIMuriieipalCdE1e (NBMC), the fallowing findings and facts in support of the finding fdr a Modification Permit are set forth` Finding A. The requested modification will be compatible with existing development in the neighborhood. Facts ip Support;of Finding 1. The modification permit will allow an addition to a single -unit residence within a single - unit residential subdivision. 2. The applicant is proposing a 34 percent addition to the existing structure.. The proposed addition will comply withal], of the. development standards; including lot coverage, height, and setbacks, and will not intensify or alter the existing nonconformities. 3. The resulting residence will consist of 4,440 square feet (3,998 square feet plus a 442 - square -foot garage). Pursuant to Table 3 -10: Off- Street Parking Requirements of the Zoning Code, it will not require the addition of a third garage parking space since the structure (not including the garage or basement) is less than 4,000 square feet. 4. The residence will be similar in character and size to other residences located in the neighborhood. Finding B. The granting of the modification is necessary due to the unique physical characteristics) of the property andlor structure, and /or characteristics of the use, Facts in Support of Finding 1. The residences in this area were constructed with garages and setbacks that were in compliance with the Zoning Code at the time of construction. 2. Given the design of the existing residence and proposed scope of work, bringing the garage into conformance would require a significant expansion in the scope of work, 3. The design of the existing two -car garage is not square. One of the parking spaces (10 feet wide by 20 feet 3 1/2 inches) complies with the minimum clear interior dimensions required by the Zoning Code; the second space is substandard (9 feet 5 inches wide by 19 feet 1(2 inches deep). The clear interior space provided is adequate to park two vehicles and will not be decreased as a result of the design of the proposed additions. Tinpit: 03/08/11 Zoning Administrator Resolution No: ZA2012 -031 Page 3 of 6 Although the existing garage is deficient as to meeting the minimum clear interior dimensions required by the Zoning Code, it does provide two useable garage spaces and,. therefore; meets the intent of the Zoning Code by providing adequate parking on the site. Approval of the Modification Permit to allow the 34 percent addition is reasonable given the use of the structure. as a single -unit residence and the fact that the proposed addition will :not, result in a. residence that exceeds 4,000. square feet (not including the. garage or basement) which would require the addition of a third parking space. 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 interior clear dimensions of the existing two -car garage were in compliance with the Zoning Code at the time of original construction. However, as a result of amendments to the Zoning Code, the two -car garage is now substandard in size, and is therefore legal nonconforming. Bringing the existing two -car garage into conformance with the clear interior dimensions required by the current Zoning Code would result in a significant increase in, the scope of the project and/or require approval of a Variance to encroach into the required front and/or side setbacks. Since the existing garage provides two useable spaces, the intent of the code is achieved. Finding D. There are no alternatives to the modification permit that could provide similar benefits to the applicant with toss potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Facts in Support of Finding The alternatives would require that the applicant bring the existing two -car garage into conformance by significantly expanding the scope of the, project or requesting a Variance for setback encroachments. Approval of the Modification Permit allows the applicant to continue the use of the existing two -car garage, which has not proven detrimental to the occupants or neighbors. Tmplt 03/08/11 Zoning Administrator Resolution. No: ZA2012 -031 Page 4 of 6 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 Though the minimum clear interior dimensions will be less than the minimum required by the Zoning Code, it provides sufficient area for use as a two -car garage. 2. The two existing garage parking spaces have provided adequate space to park two vehicles and will. continue to do so. The size of the spaces has not been detrimental to the occupants of the property, nearby properties, neighborhood, or City, 3. The Zoning Code (Section. 20.38,040:. ;Nonconforming Structures) would allow an addition up to 50 percent of the existing residence if the second garage parking space complied with the, minimum clear interior dimensions currently required. 4, The project.'will not increase the nonconforming status of the existing structure and will comply with all other provisions of the R -1 -6,000 Zoning District. 5. The addition will result in a residence similar or smaller in scale to other residences In the neighborhood and will not require a third garage parking space. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED; The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2012 -013, 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. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF AUGUST, 2012, In Tinpltt 03!08111 Zoning Administrator Resolution No. ZA2012 -031 Page 5 of 6 EXHIBIT "`A" CONDITIONS OF APPROVAL 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 th.e 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 174ches. 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 non- standard improvements within the Morning Canyon Road right -of -way shall comply with Council Policy L -6. All non - compliant improvements shall be removed. The applicant shall obtain an encroachment permit and encroachment agreement from the Public Works department for all remaining non- standard, improvements within the public right -of -way. 7. Reconstruct the existing broken and /or otherwise damaged concrete curb, gutter and driveway approach along the Morning Canyon Drive frontage. 8. All existing drainage facilities in the public right -of -way, including the existing curb drain along the Morning Canyon Drive frontage shall be retrofitted to comply with the City's on -site, non -storm runoff retention requirements, 9: A new sewer cleanout needs to be installed on the existing sewer lateral per STD -406- L adjacent to the property line in the Morning Canyon Drive public right-of-way. 10. All on -site drainage shall comply with the latest City Water Quality requirements. Tinplt 03/08/11 Zoning Administrator Resolution No. ZA2012 -031 Page 6 of 6 11. All improvements shall be constructed as required by Ordinance and the Public Works Department. 12. In case of damage done to public improvements surrounding the development site by the private construction,: additional reconstruction within the public right- of -way could be required at the discretion of the Public. Works Inspector:. 1.3. 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. 14: 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 Addition including, but not limited to, Modification No. MD2012- 013013 (PA2012- 0830$3). 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