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HomeMy WebLinkAboutZA2013-060 - Approved MD2013-012 - 310 Driftwood RoadRESOLUTION NO. ZA2013 -060 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2013 -012 TO ALLOW A SECOND -STORY ADDITION TO ENCROACH 7.2 INCHES INTO THE REQUIRED 6- FOOT SIDE SETBACK OF A SINGLE - FAMILY RESIDENCE LOCATED AT 310 DRIFTWOOD ROAD (PA2013 -152) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John and Liz Kirkowski, property owners, with respect to property located at 310 Driftwood Road, and legally described as Lot 27 of Tract 1116, being a subdivision of a portion of Block 95 of the Irvine Subdivision as shown on a map recorded in Book 1 Page 88 of Miscellaneous Records of Orange County, requesting approval of a modification permit. 2. The applicant proposes a modification permit to allow a second story addition to project 7.2 inches into the required 6 -foot side left side setback, consistent with the existing nonconforming single - family residence at the first floor level. The proposed project is a 1,135- square -foot (37 percent) second floor addition to an existing nonconforming 3,081- square -foot single - family residence. The structure is nonconforming because the existing residence projects a maximum of 7.2 inches into the required 6 -foot left side setback, 1 -foot 4 inches into the right side setback, and 2 feet 6 inches into the required 25 -foot front setback. 3. The subject property is located within the Single -Unit Residential (R -1- 6,000) 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. The Coastal Land Use Plan category is Single Unit Residential Detached (RSD -A). 5. A public hearing was held on October 10, 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. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) of the Guidelines for CEQA. 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. SECTION 3. REQUIRED FINDINGS. Zoning Administrator Resolution No. ZA2013 -060 Paqe 2 of 6 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 Support of Finding: 1. The neighborhood is comprised of a development pattern of one- and two -level single - unit dwellings. 2. The proposed addition will result in a residence that is similar in bulk and scale to others in the Shore Cliffs community. 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 lot ranges in width from 40 feet to 75 feet and the Zoning Code requires 6 -foot side setbacks. The lot was permitted to be developed with a single - family residence with a side setback equal to 10 percent of the lot width in 1951, consistent with the Zoning provisions at that time. Therefore, the structure is considered legal nonconforming. 2. Strict application of the side setback standard would not allow the exterior wall of the proposed addition to be supported by the existing building wall and foundation directly below. From a structural standpoint, additional framing and foundation elements would be necessary to properly support the addition in compliance with the required setbacks. The walls and foundation below would need to be reconstructed or replaced, which is a departure from the desired scope of construction. Additions and two -story construction are allowed in the R -1 -6,000 Zoning District and approval of the Modification Permit is necessary to preserve that right without significant added construction and cost to comply with the setback standard. 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 and /or structure, and /or characteristics of the use. Facts in Support of Finding: 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -060 Paqe 3 of 6 1. The previous Zoning Code allowed additions in the R -1 -B Zoning District to the side setback line in effect at the time the principal building was constructed. The current Zoning Code does not provide a provision that allows additions in -line with existing nonconforming structures that project into the side setback within the R -1 -6,000 zoning district. 2. Strict application of the setback standard would not allow the exterior wall of the proposed addition to be supported by the existing building wall and foundation directly below. From a structural standpoint, additional framing and foundation elements would be necessary to properly support the addition in compliance with the required setbacks. The walls and foundation below would need to be reconstructed or replaced, which is a departure from the desired scope of construction. Additions and two -story construction are allowed in the R -1 -6,000 Zoning District and approval of the Modification Permit is necessary to preserve that right without significant added construction and cost to comply with the setback standard. 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 design the second -story addition to conform to the 6 -foot side setback requirement, which would involve additional engineering above and beyond the current scope of work. 2. The only other alternative is to maintain the existing residence without constructing the proposed addition. 3. The granting of the Modification Permit would not constitute a special privilege inconsistent with the limitations upon other properties zoned R -1 -6,000 as it allows the property owner to maintain equity with other homes in the Shore Cliffs Community, where similar additions have occurred. The proposed project is consistent with historic development in the neighborhood. Neighboring homes in the Shore Cliffs Community are non - conforming and many were allowed additions in -line with non - conforming side setbacks pursuant to the previous Zoning Code standards. 4. The granting of the Modification Permit does not relieve the applicant of the requirement to obtain required Building Permits and any corrective work deemed necessary by the Building Official. 5. Strict compliance with the side setback standard given the unique circumstances identified in the facts significantly limits the ability of the property owner to create a two -story home thereby depriving a substantial property right afforded by other R -1- 6,000 lots in the Shore Cliffs community. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -060 Paqe 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. Fact in Support of Finding 1. The resulting 5 -foot 4.8 -inch setback over a 54 -foot 7 -inch wide portion of the side provides adequate access for emergency personnel since a minimum setback of 5 feet is provided. 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. The proposed addition is approximately 24 feet high at its highest point. The height complies with the 24 -foot height limit for flat roof structures and is well below the 29 -foot height limit for sloped rooflines. 3. The location of the encroachment is a minimum of 28 feet back from the street and approximately 44 feet back from the rear property line, which will reduce the visibility of the encroachment from Driftwood Road and adjacent properties to the rear. 4. The existing development on the property is a single - family residence. As such, there is no change to the density or intensity under the proposed remodel and addition. 5. The approval of this Modification Permit is conditioned such that the applicant is required to obtain all necessary permits in accordance with the Building Code and other applicable Codes. The applicant/owner is required to obtain a building permit. The construction will then be inspected prior to final of building permits. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Modification Permit No. MD2013 -012 (PA2013 -152), 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 14 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 10th DAY OF OCTOBER, 2013. 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -060 Paqe 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 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. Modification Permit No. MD2013 -012 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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 Use Permit. 5. 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. 6. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 7. 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. 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 either the current business owner, property owner or the leasing agent. 9. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 10. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved 08 -09 -2013 Zoning Administrator Resolution No. ZA2013 -060 Paqe 6 of 6 in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 11. 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 Kirkowski Residence Modification including, but not limited to, the Modification Permit No. MD2013 -012 (PA2013 -152). 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. Buildinq Division Conditions 12. 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. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 13. Prior to the issuance of building permits, the eave projections shall satisfy the requirements of one hour fire resistive construction. 14. A fire sprinkler system to the entire structure shall be provided if the addition and reconstruction exceeds 2000 sq ft and 50 percent of the area of the existing structure. Prior to the issuance of building permits, the applicant shall demonstrate compliance with this requirement to the satisfaction of the Building Division. Public Works Conditions 15. Prior to final of building permits, the applicant shall obtain an encroachment permit and encroachment agreement for the existing decorative drive approach within the right -of- way. 16. Prior to issuance of building permits, the project plans shall be revised to reflect the installation of a minimum 36 -inch box Lagerstroemia Indica Natchez, or "Crepe Myrtle" street tree along the Driftwood Road frontage. The street tree shall be installed prior to the final of building permits. 17. County Sanitation District fees shall be paid prior to the issuance of any building permits. 08 -09 -2013