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HomeMy WebLinkAboutZA2013-031 - Approved MD2013-009 - 220 Ruby AvenueRESOLUTION NO. ZA2013 -031 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2013 -009 TO ALLOW THE ENCLOSURE OF AN EXISTING EXTERIOR STAIRWAY THAT PROJECTS TWO INCHES INTO THE REQUIRED THREE -FOOT SIDE YARD SETBACK LOCATED AT 220 RUBY AVENUE (PA2013 -094) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Mark Teale, on behalf of the property owner, Larry Smith, with respect to property located at 220 Ruby Avenue, and legally described as Lot 20, Block 10, Tract Balboa Island, Section 3, requesting approval of a modification permit. 2. The applicant requests approval of a modification permit to enclose an existing 13 -foot wide exterior staircase of an existing nonconforming duplex that would encroach two inches into the required three -foot northerly side yard setback. The existing structure is nonconforming due to the number and size of garage parking spaces provided and the south side yard setback projects one inch into the required three -foot side yard setback. The approximate three percent addition (87 sq. ft.) to the existing nonconforming duplex is permitted by right pursuant to Section 20.38.060.2.a (Nonconforming Parking) of the Zoning Code, when consistent with applicable development standards. 3. The subject property is located within the Residential - Balboa Island (R -BI) Zoning District and the General Plan Land Use Element category is Two -Unit Residential (RT). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two -Unit Residential (RT -E). 5. A public hearing was held on June 13, 2013, 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 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. The project is categorically exempt under the requirements of the California Environmental Quality Act under Class 1(Existing Structures). 2. 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 and the proposed scope of work is below these limits. Zoning Administrator Resolution No. ZA2013 -031 Pape 2 of 6 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 findings for a Modification Permit are set forth: Finding: A. The requested modification will be compatible with existing development in the neighborhood. Facts in Su000rt of Finding: 1. The neighborhood is comprised of a development pattern of single -unit and two -unit (duplex) dwellings. 2. Minor side yard encroachments of finish materials (stucco, siding, etc.) are not uncommon for older structures constructed on 30 -foot wide lots. The proposed addition will result in a residence that is similar in bulk and scale to others on Balboa Island. 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. A two -inch encroachment into the side yard setback is necessary to accommodate a required one -hour fire separation wall at the exterior wall to enclose the existing stairway. The stairs would maintain the 3 -foot minimum stairway width as required by the Building Code and would provide an entry and hallway connection to both dwelling units. 2. The existing structure and first floor plan configuration limit the area available to enclose the stairway within the buildable area of the lot. 3. The existing and proposed development will comply with the height limit, open volume, and residential design criteria as shown on the proposed plans. Finding: C. The granting of the modification is necessary due to the unique physical characteristic(s) of the property andlor structure, andlor characteristics of the use. 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -031 Pape 3 of 6 Facts in Support of Finding: 1. Strict application of the code would require a substantial increase in the scope of the project. The applicant would be required to reconfigure the existing hallway and kitchen adjacent to the exterior stairway, which would involve extensive remodeling of existing improvements. 2. The resulting reconstruction results in a physical hardship where the owner and neighbor would have to live through and endure the corrective construction effort to provide two additional inches of setback area for strict code compliance. The physical hardship of reconfiguring the adjacent kitchen and hallway areas outweigh any tangible benefits to the abutting properties or the community. 3. Enclosing the stairway will provide a secure weather proof entrance for both units. 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. Without this approval, the applicant would be required to reconfigure the existing hallway and kitchen adjacent to the exterior stairway, which would involve extensive remodeling above and beyond the current scope of work. 2. The only other alternative is to maintain the existing open stairway. 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 resulting 2- foot -10 -inch setback over a 13 -foot wide portion of the side yard provides adequate access for emergency personnel. The remainder of the existing duplex has a three -foot setback at the right side yard. 2. The spatial relationships between existing development and the adjacent property suggest that the light, air, and privacy of the abutting home and property will not be negatively affected. 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -031 Paqe 4 of 6 3. The location of the encroachment is approximately 37 feet back from the street and approximately 30 feet back from the alley, which will reduce the visibility of the encroachment from Ruby Avenue and the alley. 4. The applicant/owner is required to obtain a building permit. The construction will then be inspected prior to final of building permits. 5. The existing development on the property is a duplex. As such, there is no change to the density or intensity under the proposed remodel and addition. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2013 -009 (PA2013 -094), 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 Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 13th DAY OF JUNE, 2013. 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -031 Pape 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 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. Modification Permit No. MD2013 -009 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. 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. 4. Prior to the 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. 5. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6. 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. 7. The Zoning Administrator may add to or modify the conditions of approval to this Modification Permit or revoke this Modification Permit upon a determination that the operation, which is the subject of this Modification Permit, causes injury, or is detrimental to the health, safety, peace, comfort, or general welfare of the community. 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 property owner. 9. 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 04 -24 -2013 Zoning Administrator Resolution No. ZA2013 -031 Pape 6 of 6 or indirectly) to City's approval of the Smith Residence Remodel including, but not limited to, Modification Permit No. MD2013 -009 (PA2013 -094). 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. Building Division and Fire Department Conditions 10. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. 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. 11. Exterior walls located less than three feet from property lines shall be constructed of approved one -hour fire rated assembly with no openings, including vents in accordance with CRC R302.1. 12. Prior to the issuance of building permits, the project plans shall be revised to address the following comment: The project plans specified the skylight as dual pane, which suggests that the skylight is glazed with glass, which is not the case. Acralight is a plastic unit skylight listed under ESR 2415. Per ESR 2415, plastic skylights are not permitted within 6 feet of exterior walls where protected openings are required. Public Works Conditions 13. County Sanitation District fees shall be paid prior to the issuance of any building permits. 14. All improvements shall be constructed as required by Ordinance and the Public Works Department. 04 -24 -2013