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HomeMy WebLinkAboutZA2016-012 - MODIFICATION PERMIT TO ADD 24% (538 SQ FT) TO AN EXISTING SINGLE-FAMILY RESIDENCE WITH NONCONFORMING PARKING DIMENSIONS (19' 4" X 22' 3") WHEN 20' X 20' MINIMUM DIMENSIONS ARE REQUIRED. - 1536 Vivian Ln RESOLUTION NO. ZA2016-012 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2016-002 FOR A 25-PERCENT ADDITION TO AN EXISTING NONCONFORMING SINGLE-UNIT RESIDENCE LOCATED AT 1536 VIVIAN LANE (PA2016-017) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Eric Aust, with respect to property located at 1536 Vivian Lane, and legally described as Lot 21 in Tract 1806 requesting approval of a modification permit. 2. The applicant proposes a modification permit to allow an approximately 25-percent addition to an existing single-family residence with nonconforming parking dimensions. The Zoning Code limits additions to 10 percent of the existing gross floor area when the required parking dimensions are not provided. The nonconforming garage provides an interior width of 19 feet 4 inches and a depth of 22 feet 3 inches where a minimum 20- foot by 20-foot interior dimension is required. The garage dimensions were in compliance with the Zoning Code when the home and garage were built in 1956. 3. The subject property is located within the Single-Unit Residential Detached (R-1-6000) Zoning District 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 March 24, 2016, 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 15301, 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. ZA2016-012 Page 2of7 proposed project is a 538-square-foot addition to an existing single-family 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 one- and two-story single-unit dwellings. The Modification Permit will allow expansion of the existing single-story, single-unit dwelling, which is compatible with other properties in the neighborhood. 2. The addition would increase the dwelling by 538 square feet, to enlarge the master bedroom and bathroom and create a bonus room. The proposed addition will comply with all applicable development standards including height, setbacks, and site coverage. The proposed addition will not intensify or alter the existing nonconforming parking or east side setback encroachment. 3. The proposed addition will result in a total floor area of approximately 2,730 square feet (including the 430-square-foot garage), which is equal or less than the bulk and scale of the other single-unit dwellings within the neighborhood. 4. The existing development on the property is a single-family dwelling. Therefore, 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 compliant with the Newport Beach Zoning Code at the time of construction in 1956. 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 Zoning Administrator Resolution No. ZA2016-012 Page 3of7 2. Moving the west garage wall that is not within the area of the proposed construction would be costly and significantly increase the scope of the project in order to gain 8 inches of garage width. 3. Moving the east garage wall would further encroach into an already nonconforming side setback. 4. 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. Additionally, the driveway in front of the garage allows for up to two (2) open parking spaces onsite. 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 expanding the structure towards the rear and front of the property on the west side. Increasing the width of the garage to 20 feet would affect the east side of the property and result in a practical difficulty by requiring significant structural alterations to the structure and a significant expansion in the scope of work in order to increase the depth of the garage by approximately 8 inches. 2. The existing garage provides two (2) useable garage spaces only slightly less than the required width therefore fulfilling the intent of the Zoning Code by providing adequate parking on site. Additionally, the driveway leading to the garage has dimensions approximately 16 feet wide by 23 feet long and may provide two additional open parking spaces onsite. 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 width. Expanding the garage width would require significant alterations to the structure well beyond the scope of the planned 03-03-2015 Zoning Administrator Resolution No. ZA2016-012 Page 4 of 7 small addition. Expanding the width of the garage further into the side setback is not feasible without review and approval of 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 comply with the requirements of the Zoning Code. Given the intent of the project is to provide a larger master bedroom and bonus room, a redesign to reduce the size of the addition will significantly impact 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, the neighborhood, or the 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 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. MD2016-002, 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. 03-03-2015 Zoning Administrator Resolution No. ZA2016-012 Page 5of7 PASSED, APPROVED, AND ADOPTED THIS 24th DAY OF MARCH, 2016. BY: Patrick J. Alford, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2016-012 Page 6 of 7 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. Each parking space within the garage shall be permanently available and maintained for parking purposes. The interior dimensions (19 feet, 4 inches wide by minimum 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. 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 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 1536 Vivian Lane Parking Modification including, but not limited to, MD2016-002 (PA2016-017). 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 Zoning Administrator Resolution No. ZA2016-012 Page 7of7 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. 03-03-2015