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HomeMy WebLinkAbout1967 - AMENDMENT TO EXISTING USE PERMIT FOR SENIOR ACCESSORY DWELLING UNIT - 2727 Shell St RESOLUTION NO. 1967 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014-041 AND SUPERSEDING USE PERMIT NO. 3331 FOR A SENIOR ACCESSORY DWELLING UNIT LOCATED AT 2727 SHELL STREET (PA2014-192) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Michael Mugel, with respect to property located at 2727 Shell Street, and legally described as Lot 3 Block C33 and Lots 4, 10 & 11 Block C33 Tract 186 in Corona Del Mar& 11 TR 186 requesting approval of a Minor Use Permit. 2. The applicant proposes to modify the conditions of approval established by Use Permit No. 3331 to reflect updated Zoning Code requirements for senior accessory dwelling units. The changes include lowering the age requirement from 60 years of age or older to 55 years of age or older and deleting the condition that requires an independently accessible garage space for an existing senior accessory dwelling unit. 3. The subject property is located within the Single-Unit Residential (R-1) 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-C 10.0 — 19.9 DU/AC. 5. A public hearing was held on January 22, 2015 in the Council Chambers 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures). 2. 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 Class 1 exemption also includes additions to existing structures provided Planning Commission Resolution No. 1967 Page 2 of 8 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 proposed project involves a minor remodel to an existing single-family residence and senior accessory dwelling unit. Therefore, the project qualifies for a Class 1 categorical exemption. 3. The Class 3 exemption includes the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure and more specifically a second dwelling unit in a residential zone. Therefore, the project qualifies for a Class 3 categorical exemption. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the site RS-D (Single-Unit Residential). The RS-D land use category applies to a range of detached single- family residential dwelling units on a single legal lot. The existing single-family residence is consistent with this land use category. 2. General Plan Policy LU6.2.4 recognizes that certain provisions of State law supersede local land use regulations, including the ability to add granny units in single-family residential areas. 3. The subject property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding: 1. The site is located in the R-1 (Single-Unit Residential) Zoning District. The R-1 zoning district is intended to provide for areas appropriate for a range of detached single-family residential dwelling units; each located on a single legal lot. The existing single-family residence and existing accessory senior dwelling unit are consistent with this zoning district, Zoning Code Section 20.48.200 (Senior Accessory Dwelling Units) and, Government Code Section 65852.2. Senior 07-22-2014 Planning Commission Resolution No. 1967 Page 3 of 8 accessory dwelling units are allowed subject to the approval of a minor use permit in the R-1 zoning district. 2. The principal structure received discretionary approvals to exceed the maximum height limit, encroach into the required 5-foot front yard setback on the water and encroach into the 4-foot side yard setback. Variance No. 1042 approved the structure to exceed the height limit, Modification Permit No. 0593 approved the encroachment into the front yard setback along the water, and Use Permit No. 746 approved the encroachment into the side yard setback. 3. The existing residence and senior accessory dwelling unit will provide Code required parking. The existing 7,640-square-foot residence requires a 3-car garage which is provided by the existing garage. An independently accessible parking space within the northerly side yard area outside of the front yard setback along Shell Street complies with the Code requirement for parking for the senior accessory unit. This parking space will be screened with a decorative automatic gate. 4. The senior accessory dwelling unit complies with the development standards per Section 20.48.200 (Senior Accessory Dwelling Units) of the Zoning Code with regard to height, setback requirements, minimum lot size, floor area, owner occupancy of the primary unit, and occupant age. 5. This approval has been conditioned to require the verification of occupancy for persons 55 years of age and the recordation of a deed restriction for the subject property. This is a senior accessory dwelling unit located in an existing residential neighborhood. Senior accessory dwelling unit standards were created to help ensure that the additional unit is compatible with the land uses in the neighborhood. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: 1. The existing senior accessory dwelling unit was constructed with building permits in 1989. The project, as conditioned, will comply with all applicable single-family development regulations in the Zoning Code and specified in Chapter 20.48.200 for granny units. 2. The existing senior accessory dwelling unit established in 1989 above the detached garage adjacent Shell Street has proven operationally to be compatible with the surrounding residential uses. 07-22-2014 Planning Commission Resolution No. 1967 Page 4 of 8 Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding: 1. The project site is located within an existing single-family residential neighborhood. The design, size, location, and operating characteristics of the existing senior accessory dwelling unit are compatible with the surrounding neighborhood. Access to the unit is achieved through exterior stairs that are relocated to the interior of the property between the principal structure and the detached garage, which will minimize the visual impacts and use characteristics of the additional dwelling unit on the surrounding neighborhood. 2. The lot is adequate in size to accommodate the proposed granny unit and the parking required for the principal dwelling unit and the senior accessory dwelling unit. 3. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. 4. The proposed renovation will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger,jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The project has been reviewed and the amended use permit includes updated conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. Also, the goal of providing senior housing opportunities will be obtained, while minimizing negative impacts associated with the project. 2. The existing residence and senior accessory dwelling unit are compatible with the land uses permitted within the surrounding residential neighborhood. The proposed use is residential in character and the senior accessory dwelling unit is restricted to 07-22-2014 Planning Commission Resolution No. 1967 Page 5 of 8 one or two adult occupants who are 55 years of age or older as regulated by the Zoning Code. 3. Approval of Minor Use Permit No. UP2014-041 , as conditioned and under the circumstances of the case, will not be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2014-041 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 following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Planning Commission Use Permit No. 3331, which upon vesting of the rights authorized by this Use Permit No. UP2014-041 shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 22nd DAY OF JANUARY, 2015. AYES:HILLGREN, KOETTING, KRAMER, MYERS AND TUCKER NOES: ABSTAIN: ABSENT: BROWN AND LAWLER BY Larry Tu <er, Chairman BY: at yers, Secretary 07-22-2014 Planning Commission Resolution No. 1967 Page 6 of 8 EXHIBIT "A" Conditions of Approval 1. The proposed development shall be in substantial conformance with the approved plot plan, floor plan and elevations. 2. The granny unit shall provide a minimum of 600 square feet of floor area and a maximum of 640 square feet as measured from within the surrounding perimeter walls of the unit. 3. At least one person having an ownership interest in the property shall continuously occupy the primary residence or senior accessory dwelling unit. 4. The senior accessory dwelling unit shall be limited to the use as a residence by one or two persons at least 55 years in age. 5. Prior to the issuance of a final building permit for the remodel of the garage including the addition of the exterior parking space, the property owner shall record a deed restriction with the County Recorder's Office. The form and content of which shall be satisfactory to the City Attorney and that states that under no circumstances shall the senior accessory dwelling unit be rented to or otherwise occupied by any person or persons less than 55 years of age. Said document shall also contain all conditions of approval imposed by this use permit. This deed restriction shall remain in effect so long as the senior accessory dwelling unit exists on the property. 6. Prior to the final inspection of building permits of the remodel of the garage including the addition of the exterior parking space by a City Building Inspector, the property owner shall submit to the Community Development Director the names and birth dates of any and all occupants of the senior accessory dwelling unit pursuant to this chapter to verify occupancy by a person or persons of at least 55 years in age. Thereafter, verification will be on an annual basis. Upon any change of tenants, the property owner shall notify the City immediately. This information shall be submitted in writing and contain a statement signed by the property owner certifying under penalty of perjury that all of the information is true and correct. 7. On an annual basis the property owner shall submit to the Planning Division and the Code Enforcement Division the names and birth dates of any and all occupants of the senior accessory dwelling unit certifying under penalty of perjury that all of the information is true and correct. 8. In the event that the property owner desires to terminate the use of the granny unit and remove the deed restriction, building permits shall be obtained that restore the property to a single dwelling unit. Upon completion of inspection by the Building Official, the Director shall request the deed restriction to be removed from the property by the County Recorder. 07-22-2014 Planning Commission Resolution No. 1967 Page 7 of 8 9. In addition to the parking required for the primary residence, there shall be at least one independently accessible parking space for the senior accessory dwelling unit. This additional parking space shall be kept free, clear, and accessible for the parking of a vehicle at all times and shall be made available for the exclusive use of the occupant(s) of the senior accessory dwelling unit. 10.All improvements shall be constructed as required by Ordinance and the Public Works Department. 11.The gate opening for the exterior parking space shall be a minimum of 9 feet clear and the opening shall align with the bollards that are adjacent to the gas meter. 12.An encroachment agreement is required for the existing decorative driveway approach. 13. Installation of a new sewer clean-out on the existing sewer lateral is required per City Standard STD-406-L. 14. Prior to issuance of final building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Minor Use 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 Minor Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 15.The Community Development Director or the Planning Commission may add to or modify the conditions of approval for this use permit, or revoke this permit upon a determination that the operation (which is the subject of this approval) causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16.This use permit 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. 17.To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless the 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 the City's approval of the 2727 Shell Street Senior Dwelling Amendment including, but not limited to, the Minor Use Permit No. UP2014-041(PA2014- 192). 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, the 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. 07-22-2014 Planning Commission Resolution No. 1967 Page 8 of 8 The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 07-22-2014