HomeMy WebLinkAboutZA2016-028 - MODIFICATION PERMIT TO EXCEED 10% ALLOWABLE ADDITION AS WELL AS TO LEAVE GARAGE AS NONCONFORMING. - 1738 Skylark Ln RESOLUTION NO. ZA2016-028
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2016-005 FOR A 27 PERCENT ADDITION TO
AN EXISTING NONCONFORMING SINGLE-UNIT RESIDENCE
LOCATED AT 1738 SKYLARK LANE (PA2016-047)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by GS Design (Gary Sumberg), with respect to property located
at 1738 Skylark Lane, and legally described as Lot 4 in Tract 3097 requesting approval of
a modification permit.
2. The applicant proposes a modification permit to allow a 27 percent addition to an existing
single-family residence with nonconforming parking. The Zoning Code limits additions to
10 percent of the existing gross floor area when the required parking dimensions are not
met. The nonconforming garage provides an interior width of 18 feet 9 inches and a
depth of 20 feet 3 inches, where a minimum 20-foot by 20-foot interior dimension is
required.
3. The subject property is located within the Single-Unit Residential (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 May 12, 2016 in the Corona del Mar Conference Room
(Bay E-1 st 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
proposed project is an 831-square-foot addition to an existing single-family residence in a
developed neighborhood and is not within an environmentally sensitive area.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050.E (Modification Permits) 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 addition would increase the dwelling by 831 square feet for a new family room
and bunk room at the rear of the structure. The proposed addition will comply with
all applicable development standards, including height, setbacks, and site
coverage. The proposed addition will not intensify the nonconforming parking.
2. Skylark Lane consists of single-story and two-story single-family residences. A
second story addition above the garage was constructed in 1981, and the
proposed two-story addition at the rear of the property will not exceed the height of
the second story over the garage. The addition is consistent with the design and
height of other properties in the neighborhood.
3. The existing development on the property is a single-family dwelling with a two-car
garage. Therefore, there is no change to the density 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 1960. As a result of
amendments to the Zoning Code in 2010, the two-car garage is now substandard
in size, and is therefore legal nonconforming.
2. A modification permit is necessary because the expansion of the garage walls to
increase the garage width is difficult due to the unique physical characteristics of
the property. The garage's east wall cannot be moved the 1 foot 3 inches needed
to provide the 20-foot-wide parking clearance without encroaching 3 inches into the
side yard setback. The removal of the west wall would be costly due to it being a
bearing wall for the second floor above, and it would require new framing and
foundations. Lastly, a tandem configuration would require significant alteration and
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expansion of the garage and would bring the garage within 5 feet of the existing
pool in the rear yard.
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. Additionally, the driveway in front of the garage allows
for up to two (2) open parking spaces 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. The proposed addition is located at the rear of the lot, away from the location of the
existing garage, and does not result in the need to modify the garage located at the
front of the residence. Increasing the width of the garage to 20 feet to satisfy
current parking size requirements would require major structural alterations to the
west wall and result in a significant increase in the scope of work in order to
increase the garage width by 15 inches.
2. The existing garage provides two (2) useable garage spaces only slightly less than
the required widths and fulfills the intent of the Zoning Code by providing adequate
parking on-site. The driveway is 22 feet 6 inches long by 16 feet 6 inches wide,
which may serve as two (2) additional open parking spaces on-site. Approval of the
Modification Permit allows the applicant to continue using the existing two-car
garage, which has not been detrimental to the occupants or neighbors of the
dwelling, and allows for a reasonable size addition.
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. An alternative to the Modification Permit is to bring the garage into compliance with
current Zoning Code requirements. Expanding the garage to the east will not bring
the garage into conformance, unless a variance is approved to allow it to encroach
into the setback. Alteration of the west wall would require significant structural
changes that would affect the second floor above the garage, since it is a bearing
wall. Expansion of the garage to provide a tandem parking configuration would
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significantly increase the scope and cost of the project and unnecessarily impact
the usable area of the yard.
2. The applicant may reduce the addition to not exceed 10 percent of the existing
floor area of the structure to comply with the requirements of the Zoning Code.
Given the intent of the project is to provide a new family room, bunkroom, and
bathroom, a redesign to reduce the size of the addition will significantly impact the
objectives of the project and would not provide similar benefits to the applicant.
Findinq:
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 two-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. Additionally, the driveway in front of the
garage allows for up to two (2) open parking spaces on-site.
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. MD2016-005, 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 or call for review 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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PASSED, APPROVED, AND ADOPTED THIS 12'" DAY OF MAY, 2016.
Patrick J. Alford, Zoning Administrator
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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. Each parking space within the garage shall be permanently available and maintained for
parking purposes. The interior dimensions (18 feet 9 inches wide by minimum 20 feet 3
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 property owner or the leasing agent.
7. All damaged/broken curb, gutter, sidewalk, and driveway approach along the Skylark
Lane frontage shall be reconstructed.
8. A new sewer clean out on existing sewer lateral per city standard STD-406-L shall be
installed.
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,
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
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or indirectly) to City's approval of the Huntress Modification Permit including, but not
limited to, Modification Permit No. MD2016-005 (PA2016-047). 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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