HomeMy WebLinkAboutZA2015-042 - MODIFICATION PERMIT - SUBSTANDARD GARAGE - NONCONFORMING PARKING ADDITION - 1723 Terrapin Way RESOLUTION NO. ZA2015-042
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2015-004 TO ALLOW A 974-SQUARE-FOOT
ADDITION TO AN EXISTING SINGLE-UNIT DWELLING WITH
NONCONFORMING PARKING LOCATED AT 1723 TERRAPIN
WAY (PA2015-073)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS,
1. An application was filed by TKR Construction, with respect to property located at 1723
Terrapin Way, and legally described as Lot 26 in Tract 3097 requesting approval of a
modification permit.
2. The applicant proposes a modification permit to allow a 974-square-foot addition to an
existing 3,064-square-foot single-unit dwelling that is nonconforming due to the interior
dimensions of the garage. The existing two-car garage provides an interior width of
19 feet 1 inch and a depth of 21 feet 5 inches, where a minimum 20-foot by 20-foot
interior dimension is required.
3. The subject property is located within the Single-Unit Residential Zoning District
(R-1-6000) and the General Plan Land Use Element category is Single-Unit Residential
Detached (RS-D).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on July 30, 2015, 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
structure before the addition, or 2,500 square feet, whichever is less. The project
involves an addition of 974 square feet, or approximately 32 percent of the floor area
of the existing single-unit dwelling.
Zoning Administrator Resolution No. ZA2015-042
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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 dwellings. The Modification Permit will allow a first and second floor
addition and will result in a single-unit dwelling that is similar in bulk and scale to
others in the Harbor Highlands Community.
2. The applicant is proposing a 974-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
non conformities.
3. The existing development on the property is a single-unit 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 1959. 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. The dwelling was designed with an attached garage that provides the minimum side
setback required. The existing interior of the garage measures 19 feet 1 inch wide and
20 feet 5 inches deep. Expanding the width of the garage is not feasible without
physically altering the interior of the floor plan or encroaching into the required
setback.
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
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Zoning Administrator Resolution No. ZA2015-042
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of two (2) vehicles. In addition, the driveway in front of the garage allows for the
parking of a third vehicle on site
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 20 feet would result in a
practical difficulty by requiring significant alterations to the garage and adjoining
kitchen. Expanding the garage to the east is not feasible given the required setback.
Expanding the garage to the west would require reconstruction and reconfiguration of
the kitchen and would impact the existing electrical, plumbing, and gas lines that run
through the wall.
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 the existing garage. Expanding the garage towards the
interior of the property would require significant alterations to the adjoining kitchen and
living area. Expanding the width of the garage into the 6-foot side setback required by
the Zoning Code is not feasible without a variance.
2. The other alternative is to reduce the size of the addition to not more than 10 percent
of the existing floor area of the structure and to comply with the requirements of the
Zoning Code. Given the proposal is to add a second floor, 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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Zoning Administrator Resolution No. ZA2015-042
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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 rear half of the property, will maintain a
minimum distance of 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 which
have two (2) floors.
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 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. MD2015-004, 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.
PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF JULY, 2015.
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Zoning Administrator Resolution No. ZA2015-042
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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. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. Each parking space within the garage shall be permanently available and maintained
for parking purposes. The interior dimensions (19 feet 1 inch wide by 20 feet 5 inches
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 applicant shall install a new sewer clean out on the existing sewer lateral pursuant
to City Standard STD-406-L.
5. The applicant shall remove all loose gravel from the parkway area. An encroachment
permit and encroachment agreement shall be required for the decorative carriage walk
within the Terrapin Way right-of-way. Private improvements shall be consistent with
City Council Policy L-6.
6. This Modification Permit may be modified or revoked by the Zoning Administrator if
determined that the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or is materially injurious to
property or improvements in the vicinity or if the property is operated or maintained so
as to constitute a public nuisance.
7. 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.
8. 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.
9. 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.
10. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts 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.
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11. 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.
12. 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 Eitel Residence Modification including, but not
limited to, MD2015-004 (PA2015-073). 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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