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HomeMy WebLinkAbout02 - 423 Belvue Lane Modification - PA2015-117 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT y PLANNING DIVISION u $ 100 Civic Center Drive, P.O.Box 1768,Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 c`�LfFOR�,P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT August 13, 2015 Agenda Item No. 2 SUBJECT: 423 Belvue Lane Modification - (PA2015-117) 423 Belvue Lane • Modification Permit No. MD2015-007 APPLICANT: John Morgan Architect OWNER: Adam and Shira Boehler PLANNER: Melinda Whelan, Assistant Planner (949) 644-3221, mwhelan@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: R-1 (Single-Unit) • General Plan: RS-D (Single-Unit Residential Detached) PROJECT SUMMARY A modification permit to allow an approximately 24-percent addition to an existing non- conforming single-family residence where the Zoning Code limits additions to 10 percent of the existing gross floor area when the required parking dimensions are not provided. The non-conforming garage currently provides 20 feet wide by 18-feet 10- inches in depth, where a minimum 20-foot by 20-foot dimension is required. The garage dimensions were in compliance with the Zoning Code when it was originally constructed in 1998. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Modification Permit No. MD2015-007 (Attachment No. ZA 1). 1 423 Belvue Lane Zoning Administrator, August 13, 2015 Page 2 DISCUSSION • The property is located at the end of the Balboa Peninsula in the Peninsula Point neighborhood and measures approximately 4,000 square feet in area and has a lot width of approximately 40 feet. The neighborhood is developed with single- unit dwellings. • A 2,934-square-foot single-unit dwelling with an attached 526-square-foot garage is currently developed on the property, which was originally constructed in 1998. • The applicant is proposing a small addition to the kitchen on the first floor, two (2) new bedrooms with bathrooms on the second floor, and a bedroom with a bathroom on the third floor. The total addition proposed is approximately 838 square feet and equates to an increase of approximately 24 percent of the existing structure. • The existing interior garage dimensions of 20 feet wide by 18 feet 10 inches deep were compliant with the Zoning Code at the time of construction (the approved plans showed 19 feet deep). A minimum 20-foot by 20-foot interior dimension is now required on lots wider than 40 feet. • One of the ridges of the existing dwelling extends above the height limit by approximately a '/2 inch due to changes in how grade is established to measure height per the current Zoning Code as compared to the previous Zoning Code. This non-conforming condition limits the project to a 50 percent addition. Therefore, a 24 percent addition complies with the Zoning Code limitations. • Due to the change in development standards related to minimum size of garage parking spaces required for lots 40 feet wide or more, the existing two-car garage is legal nonconforming. Additions to the existing residence are limited to 10 percent of the existing structure (Section 20.38.060.2.a and b: Nonconforming Parking — Dimensions or Type of Parking Spaces). A larger addition can be permitted with approval of a Modification Permit (Section 20.52.050). • Given the scope of work, increasing the depth of the garage to 20 feet would result in a practical difficulty by requiring significant structural alterations to the garage and entrance to the dwelling. This additional work would include removing and replacing an existing retaining wall that was required due to a difference in floor elevation between the garage and the first floor of the dwelling. • 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 TmpIt:04-17-14 423 Belvue Lane Zoning Administrator, August 13, 2015 Page 3 two-car garage, which has not proven detrimental to the occupants or neighbors of the dwelling. The proposed addition would extend the existing kitchen by approximately 27 square feet, extend the second floor over the garage area to accommodate two new bedrooms with bathrooms, and a 181-square-foot third floor area. The addition would comply with all of the required setback areas, height limits, open volume requirement (more than minimum required, 408-square-feet provided) and the maximum floor area limit for the site which is 5,440 square feet. The addition would result in a dwelling that is consistent in scale with other dwellings in the neighborhood. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). This exemption includes additions up to 10,000 square feet where public services and utilities are available and the area is not considered environmentally sensitive. The proposed project is an 838-square-foot addition to an existing single-family residence in a developed neighborhood and is not within an environmentally sensitive area. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644-3200. Prepared/by: Melinda Whelan Assistant Planner GBR/msw TmpIt:04-17-14 423 Belvue Lane Zoning Administrator, August 13, 2015 Page 4 Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Plans TmpIt:04-17-14 J Attachment No. ZA 1 Draft Resolution 5 V� QP �P RESOLUTION NO. ZA2015-0## A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2015-007 FOR A 24-PERCENT ADDITION TO AN EXISTING NONCONFORMING SINGLE-UNIT RESIDENCE LOCATED AT 423 BELVUE LANE (PA2015-117) 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 Morgan, with respect to property located at 423 Belvue Lane, and legally described as Lot 4, Tract 1090 requesting approval of a Modification Permit. 2. The applicant proposes a modification permit to allow an approximately 24-percent addition to an existing non-conforming single-family residence where the Zoning Code limits additions to 10 percent of the existing gross floor area when the required parking dimensions are not provided. The non-conforming garage currently provides 20 feet in width by 18 feet 10 inches in depth, where a minimum 20-foot by 20-foot dimension is required. The garage dimensions were in compliance with the Zoning Code when it was originally constructed. 3. The subject property is located within the Single-Unit Residential Detached 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). 5. A public hearing was held on August 13, 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 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) of the Guidelines for CEQA. 2. This exemption includes additions up to 10,000 square feet where public services and utilities are available and the area is not considered environmentally sensitive. The Zoning Administrator Resolution No. ZA2015-0## Page 2 of 6 proposed project is an 838-square-foot addition to an existing single-unit residence in a developed neighborhood and is not within an environmentally sensitive area. 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 comprised of two- and three-story single-unit dwellings. The Modification Permit will allow expansion of the existing single-unit dwelling, which is compatible with other properties in the neighborhood. 2. The addition would increase the dwelling by 838 square feet, expanding the existing kitchen, adding two (2) new bedrooms with bathrooms on the second floor and creating a third floor bedroom with a bathroom. The proposed alterations will comply with all applicable development standards, including floor area, height, setbacks, and open volume and will not intensify or alter the existing nonconforming parking or roof height. 3. The proposed addition will result in a total floor area of approximately 4,298 square feet (including the 526-square-foot garage), which is substantially less than the maximum allowable floor area of 5,440 square feet for the property. The resulting dwelling will be similar in bulk and scale to others within the neighborhood. 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 and were approved with the plan check for the building permit in 1998. However, as a result of amendments to the Zoning Code, the two-car garage is now substandard in size, and is therefore legal nonconforming. 03-03-2015 g Zoning Administrator Resolution No. ZA2015-0## Page 3 of 6 2. The front of the property is about 2 feet higher than the alley at the rear and the transition in the height from the garage floor to the first floor of the dwelling is more than 3 feet. This transition required a retaining wall to be included in the original construction which would be costly and significantly increase the scope of the project to gain slightly over 1 foot of garage depth. 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. The addition is mostly adding to the upper level and creating a third level. Increasing the depth of the garage to 20 feet would result in a practical difficulty by requiring significant structural alterations to the structure and a significant expansion in the scope of work to increase the depth of the garage by approximately 1 foot. 2. The existing garage provides two (2) useable garage spaces only slightly less than the required depth therefore fulfilling the intent of the Zoning Code by providing adequate parking on site. Approval of the Modification Permit allows the applicant to continue using 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 garage depth. Expanding the garage depth would require significant alterations to the structure well beyond the scope of the planned additions and alterations. 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 comply with the requirements of the Zoning Code. Given the proposal is to add rooms and to add a new third floor area, a 03-03-2015 9 Zoning Administrator Resolution No. ZA2015-0## Page 4of6 redesign to reduce the size of the addition will significantly impact the intent of the project and not meet the objectives of the applicant. 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 one-story addition would maintain all required setbacks 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 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. MD2015-007, 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 13th DAY OF AUGUST, 2015. Brenda Wisneski, AICP, Zoning Administrator 03-03-2015 10 Zoning Administrator Resolution No. ZA2015-0## Page 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. Each parking space within the garage shall be permanently available and maintained for parking purposes. The interior dimensions (20 feet wide by 18-feet 10-inches deep) shall be kept clear of obstructions including cabinets, shelving, or similar that may impact the ability to adequately park two (2) vehicles. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department, including for the existing improvements that were constructed without the benefit of building permits. 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. 6. 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. 7. 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. 8. 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 Boehler Residence Modification including, but not limited to, MD2015-007 (PA2015-117). 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 03-03-2015 22 Zoning Administrator Resolution No. ZA2015-0## Page 6 of 6 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. PUBLIC WORKS 9. All encroachments within the Belvue Lane right-of-way shall comply with City Council Policy L-6. All non-compliant encroachments shall be removed and the applicant shall obtain an encroachment permit and encroachment agreement for all remaining compliant encroachments. 03-03-2015 Attachment No. ZA 2 Vicinity Map 13 V� QP �P 2� VICINITY MAP PE M Q W 1 R s.,• } A Al d r��< Modification Permit No. MD2015-007 PA2015-117 423 Belvue Lane 15 V� QP �P 2� Attachment No. ZA 3 Project Plans 17 V� QP �P sg PA2015- - Pro,iii ct Plans 2.0 CONI. 5.5 CONC. OF9 PGS\ 5.5 05 `A z ^oyo U 9 2.0 yF W CONC 70 0 J 2 STORY z "o F J RESIDENCE a W z g CONC. n rnr OF5\ yyryl ON CONC. CONC' _ CONG CONC. �° lU o 1, e _ Q m Z & CONC.� P # o # # # # o ° 0\ ��c coNo # 1znFS)# o # $k �- ye rg CONC. CONC. 2 STORY h z a RESIDENCE 6tiF` ## ## # # o w v m IV�e a 8 g W 4 5 ,�ryry\ EXl'G RIDGE H m Z w CONC. RG - - - �'� GT O O P^yyy\ # P (40.1) \ _ ,{ CONQ O (9.24F5) CONE. - (11.76F5) z u °ry°Q5 # # CONC. 4F S) (12.0) \ ^ry0 P ..s_-_ _. ,.-_-�._ _ `�wvn LL [/ 9. 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