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HomeMy WebLinkAboutZA2014-005 - Denying MD2013-017 444 Isabella TerraceRESOLUTION NO. ZA2014 -005 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH DENYING MODIFICATION PERMIT NO. MD2013 -017 FOR A 10- PERCENT SETBACK ENCROACHMENT LOCATED AT 444 ISABELLA TERRACE (PA2013 -197) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Scott Laidlaw, with respect to property located at 444 Isabella Terrace, and legally described as Lots 152 and 153 of Tract Number 1237, requesting approval of a modification permit. 2. The applicant proposes a modification permit for a new second -story cantilevered deck to encroach 18 inches into the required 15 -foot front setback along Rivera Terrace. 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 (RS- D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single -Unit Residential Detached (0.0 - 5.9 DU /AC) (RSD -A). 5. A public hearing was held on February 13, 2014, 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. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. 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. Zoning Administrator Resolution No. ZA2014 -005 Paae 2 of 3 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. 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. 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. 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. In this particular case, staff believes not all findings can be made for the following reasons: 1. The subject property is located in the northernmost section of the Corona Highlands and has a required 15 -foot front setback along Rivera Terrace. The interior lots are generally 60 feet in width and are characterized by a sloping double frontage with most vehicular access taken from the higher side of the property and decks with outdoor living areas situated at the lower side. The subject property is comprised of two, legal lots thereby doubling the lot width and making it one of the larger lots in the community. The majority of the area within the 15 -foot front setback and a large area adjacent to it have been graded and covered by hardscape in conjunction with an in- ground pool. The outdoor living areas afforded to the property owner are comparable to those existing within the immediate vicinity. 2. The Corona Highlands community is characterized by an underlying slope that descends toward the ocean. The slope on the subject property is no different from that on other properties within the immediate vicinity. 3. The subject property was recently remodeled with a second -floor cantilevered deck that complies with the Zoning Code requirements. The deck was constructed in the same location where the proposed extension would take place. This presents an alternative that not only exists, but provides similar benefits to the property owner without necessitating a modification permit. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby denies Modification Permit No. MD2013 -017. 10 -15 -2013 Zoning Administrator Resolution No. ZA2014 -005 Paae 3 of 3 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 13TH DAY OF FEBRUARY, 2014. P, Zoning Administrator 10 -15 -2013