HomeMy WebLinkAboutZA2014-041 - MOD TO ALLOW 15% ADDITION TO DWELLING WITH NONCONFORMING PARKING DIMENSIONS. - 437 Morning Canyon Rd RESOLUTION NO. ZA2014-041
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2014-010 TO ALLOW A 304-SQUARE-FOOT
ADDITION TO AN EXISTING SINGLE-FAMILY DWELLING WITH
NONCONFORMING PARKING LOCATED AT 437 MORNING
CANYON ROAD (PA2014-149)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by JR Walz, with respect to property located at 437 Morning
Canyon Road, and legally described as Lot 37 in Tract 1237 requesting approval of a
modification permit.
2. The applicant proposes a modification permit to allow a 304-square-foot addition to an
existing 2,040-square-foot single-family dwelling that is nonconforming due to the
interior dimensions of the garage. The existing two-car garage provides an interior
width of 17 feet 3 inches and a depth of 21 feet 5 inches, where a minimum 20-foot by
20-foot interior dimension is required. The dwelling is also nonconforming because it
provides side setbacks less than the 6 feet required by the Zoning Code.
3. The subject property is located within the Two-Unit Residential (R-2-6000) 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-C).
5. A public hearing was held on November 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.
1. This project has been determined to be categorically exempt pursuant to the
requirements of the California Environmental Quality Act Guidelines under Class 1
(Existing Facilities).
2. The Class 1 exemption includes additions to existing structures provided that the
addition will not result in an increase of more than 50 percent of the floor area of the
structures before the addition, or 2,500 square feet, whichever is less. The project
involves an addition of 304 square feet, or approximately 15 percent of the floor area
of an existing single-family dwelling.
Zoning Administrator Resolution No. ZA2014-041
Page 2 of 7
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050.E (Modification Permits — Required Findings) of the
Newport Beach Municipal Code, the following findings and facts in support of such findings
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 generally comprised of a development pattern of one and two-
story single-unit and two-unit dwellings. The Modification Permit will allow an addition
to a single-story, single-unit dwelling which is compatible with abutting properties
which are single-unit dwellings.
2. The applicant is proposing a 304-square-foot addition to the existing dwelling. The
proposed addition will comply with all applicable development standards, including lot
coverage, height, and setbacks, and will not intensify or alter the existing
nonconformities.
3. The proposed addition will result in a dwelling that is similar in bulk and scale to others
in the Corona Highlands Community.
4. The existing development on the property is a single-family dwelling. As such, there is
no change to the density or intensity as a result of the proposed remodel and addition.
Finding:
B. 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 interior dimensions of the existing two-car garage were in compliance with the
Zoning Code at the time of original construction in 1953. However, as a result of
amendments to the Zoning Code, the two-car garage is now substandard in size, and
is therefore legal nonconforming.
2. Widening the interior width of the garage to twenty (20) feet, as required by the current
Zoning Code, would impact the access way to the garage. The property slopes steeply
downward moving east to west and any expansion to the interior of the garage would
necessitate a widening of the existing curb cut and driveway down the slope.
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Zoning Administrator Resolution No. ZA2014-041
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3. The granting of the Modification Permit is necessary to allow a reasonable addition to
an existing dwelling that was constructed in compliance with garage standards in
effect at the time of original construction, and that are adequate in width for the parking
of two (2) vehicles.
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. Given the scope of work, increasing the width of the garage to twenty (20) feet would
result in a practical difficulty by requiring significant structural alterations to the garage
and entrance to the dwelling. Widening the garage would create a practical difficulty by
requiring reconstruction and realignment of the hardscape and concrete planters that
lead from the front property line to the dwelling.
2. The existing garage provides two (2) useable garage spaces, therefore fulfilling the
intent of the Zoning Code by providing adequate parking on site. 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 of the
dwelling.
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. The alternative would require that the applicant bring the existing two-car garage into
conformance by expanding or relocating the existing garage. Expanding the garage
towards the interior of the property would require significant alterations to the structure
and entrance of the dwelling. Expanding the width of the garage into the
6-foot side setback required by the Zoning Code is not feasible without a variance, as
the garage already encroaches eight (8) inches into the setback.
2. The other alternative is to reduce the size of the addition to not more than ten (10)
percent of the existing floor area of the structure and comply with the requirements of
the Zoning Code. Given the proposal is to add a master bedroom, a redesign to
reduce the size of the addition will significantly impact the intent of the project and not
meet the objectives of the applicant.
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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:
1. The proposed addition will occur on the first floor, at the rear of the dwelling, will
maintain a minimum distance of six (6) feet from neighboring properties, and will
provide adequate protection for light, air, and privacy. The addition will not preclude
access to the dwelling and will be consistent in scale with other dwellings in the
neighborhood.
2. The existing nonconforming garage has not proven to be detrimental to the occupants
of the property, nearby properties, neighborhood, or City and is adequate in width to
park two (2) vehicles.
3. The proposed addition will result in a site coverage that is less than the maximum
allowed by the Zoning Code.
4. 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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Modification
Permit No. MD2014-010, 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 (14) days following the date this
Resolution was adopted 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.
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Zoning Administrator Resolution No. ZA2014-041
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PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF NOVEMBER, 2014.
BY:
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#redisneski,fP1Zo@n1ngkAcdministrator
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Zoning Administrator Resolution No. ZA2014-041
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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. All non-compliant, non-standard walls and stairs within the Public Right-of-Way shall
be removed. All remaining non-standard improvements require an encroachment
permit and agreement, subject to a review and approval by the Public Works
Department.
3. Each parking space within the garage shall be permanently available and maintained
for parking purposes. The interior dimensions (17 feet 3 inches wide by 20 feet deep)
shall be kept clear of obstructions including cabinets, shelving, or similar that may
impact the ability to adequately park two (2) vehicles.
4. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. 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.
6. 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.
7. 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.
8. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities 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.
9. This approval shall expire and become void unless exercised within twenty-four (24)
months from the actual date of review authority approval, except where an extension of
time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of
the Newport Beach Municipal Code.
10. 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,
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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 Thomas Residence Modification including, but not
limited to, MD2014-010 (PA2014-149). 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.
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