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HomeMy WebLinkAboutZA2018-052 - COASTAL DEVELOPMENT PERMIT & MODIFICATION PERMIT TO ALLOW A NEW TANDEM CARPORT PARKING SPACE TO DEVIATE FROM THE MINIMUM WIDTH STANDARDS TO ALLOW A GREATER THAN 10 PERCENT ADDITION TO AN EXISTING DUPLEX WITH NONCONFORMING GARAGE AND CARPORT W02-22-2018 RESOLUTION NO. ZA2018-052 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-008 AND MODIFICATION PERMIT NO. MD2018-003 TO ALLOW A NEW TANDEM CARPORT PARKING SPACE TO DEVIATE FROM THE MINIMUM WIDTH STANDARDS AND TO ALLOW A GREATER THAN 10 PERCENT ADDITION TO AN EXISTING DUPLEX WITH NONCONFORMING GARAGE AND CARPORT WIDTHS LOCATED AT 1100 WEST BALBOA BOULEVARD (PA2018-021) 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 T. Morgan Jr., Architect, representing property owner, Alexandria C. Gladstone – Lamas, with respect to property located at 1100 West Balboa Boulevard, requesting approval of a coastal development permit and modification permit. 2. The lot at 1100 West Balboa Boulevard is legally described as Lot 1, Block 111, Tract 234. 3. The applicant proposes a coastal development permit and modification permit for a remodel, 627-square-foot (17 percent) addition, and addition of a second carport space to an existing three-story 3,692-square-foot duplex with an attached 513-square-foot, two-car garage and single-car carport. A modification permit is requested to allow a second tandem carport parking space with a width of 8 feet 3 inches where a width of 10 feet is required. A modification permit is also requested to allow an addition of greater than 10 percent to a residence with nonconforming parking because the existing garage width of 18 feet 3 inches where 18 feet 6 inches is required and the existing carport space is 8 feet 3 inches in width where a width of 10 feet is required. The proposed residence complies with all other applicable development standards including height, setbacks, and floor area limits. 4. The subject property is designated RT (Two-Unit Residential) by the General Plan Land Use Element and is located within the R-2 (Two-Family Residential) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-D (Two-Unit Residential) (20.0 to 29.9 DU/AC) and it is located within the R-2 (Two-Unit Residential) Coastal Zone District. 6. A public hearing was held on May 10, 2018, 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 hearing 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 hearing. Zoning Administrator Resolution No. ZA2018-052 Page 2 of 11 12-21-2017 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the demolition and construction of up to three single-family residences and additions of up to 10,000 square feet to existing structures. The proposed project consists of a 627-square-foot addition to an existing duplex, which qualifies for a Class 3 exemption. 3. The exceptions to the Class 3 exemption do not apply in this case as noted under Section 15300.2 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The property is located on an interior parcel that is not located in a particularly sensitive environment where the project may impact an environmental resource, cumulative impacts are not anticipated from the scope of work, and significant effects on the environment are not anticipated. Additionally, the project will not result in damage to scenic resources, the site is not listed as a hazardous waste site, and the site is not designated as a historic resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. The maximum floor area limitation is 4,704 square feet and the proposed floor area is 4,318 square feet. b. The proposed development provides the minimum required setbacks, which are 5 feet along the front property line abutting West Balboa Boulevard, 3 feet along each side property line and 0 feet along the rear property line abutting the alley. Zoning Administrator Resolution No. ZA2018-052 Page 3 of 11 12-21-2017 c. The highest guardrail is less than 24 feet from established grade (8.85 feet NAVD88) and the highest ridge is no more than 29 feet from established grade, which comply with the maximum height requirements. d. The project includes garage parking for two vehicles and carport parking for two vehicles, complying with the minimum two-car garage and two-car garage or carport parking requirement for duplexes in the R-2 Zoning District. 2. The neighborhood is predominantly developed with two - and three-story, single-family and two-unit residences. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 3. The finished floor elevation of the proposed dwelling is 9.56 MSL (NAVD88), which complies with the minimum 9.00 MSL (NAVD88) elevation standard. 4. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 5. The property is not located on the shoreline nor is it located within 100 feet of coastal waters. The project design addresses water quality with a construction erosion control plan and a post construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event run-off on-site. Any water not retained on-site is directed to the City’s storm drain system. No water quality impacts to coastal waters are anticipated based upon the location and elevation of the property. 6. The property is not located near designated Public Viewpoints or Coastal View Roads and will not impact public coastal views. The closest Public Viewpoint is located near the Veterans Memorial Park, approximately 1,800 feet to the west of the property and Balboa Pier, approximately 4,800 feet to the east of the property. The proposed residence is not located near Coastal View Roads, as designated in the Coastal Land Use Plan. The project is located entirely on private property and will no t inhibit coastal views looking north or south along 11th Street. Due to the distance of the proposed development from these Public Viewpoints and the project’s compliance with height, setbacks, and floor area, the project will not impact coastal views. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone . Zoning Administrator Resolution No. ZA2018-052 Page 4 of 11 12-21-2017 Fact in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect public recreation, access, or views and the project will not affect the public’s ability to gain access to, use, and /or view the coast and nearby recreational facilities. The residential lot does not currently provide nor inhibit public coastal access. 2. Multiple access points are provided at street ends throughout Balboa Peninsula . Vertical access to the bay front is available along 10th Street, 11th Street, and 12th Street. The property is located approximately 270 feet from the bay front where there are small public beaches and approximately 325 feet from the public beach to the south. 3. Lateral Access is available via a public beach fronting West Ocean Front. The public beach that is approximately 325 feet south provides a 12-foot-wide paved public boardwalk providing lateral access and views of the Pacific Ocean. 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: C. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: 1. The proposed parking configuration will accommodate four vehicles on -site where currently three parking spaces are provided. The addition of a second tandem carport space will help minimize the demand for street parking in the area. 2. The neighborhood is comprised of predominately two-story and three-story single- family dwellings and duplexes. The Modification Permit will allow a 17 percent expansion of the existing duplex, which is compatible with other properties in the neighborhood. The proposed project includes a third floor addition so it is compatible with existing development in the neighborhood. 3. The maximum floor area limit it 4,704 square feet for the property th e proposed addition will result in a total gross floor area of approximately 4,318 square feet (including the 513-square-foot garage), which is equal or less than the bulk and scale of the other single-unit and two-unit dwellings within the neighborhood. 4. The existing development on the property is a residential duplex. Therefore, there is no change to the density as a result of the proposed remodel and addition. Zoning Administrator Resolution No. ZA2018-052 Page 5 of 11 12-21-2017 5. The dimensions of the fourth tandem carport space are consistent with the existing nonconforming carport width of 8 feet 3 inches where a widt h of 10 feet is required. Nonconforming parking dimensions are common on the Balboa Peninsula where the code required parking width was recently modified in 2010 to require additional width for lots in excess of 30 feet in width. Finding: D. 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 proposed addition will not alter the three existing nonconforming parking sp aces and will add an additional tandem carport space to accommodate a fo urth vehicle on- site. 2. The interior dimensions of the existing two -car garage were compliant with the Newport Beach Zoning Code at the time of construction in 1972. As a result of amendments to the Zoning Code in 2010 where the required clear interior garage width was modified from 17 feet 6 inches to 18 feet 6 inches , the two-car garage is now substandard in size and is considered legal nonconforming. The two-car garage complies with the minimum 19-foot depth. 3. The adjacent single carport space was originally approved by Modification Permit No. MD2521, which allowed a 7-foot 6-inch width where a width of 9 feet was required at the time. The carport currently provides a width of 8 feet 3 inches where the Zoning Code currently requires a width of 10 feet. The existing carport space provides a depth of 26 feet and the new tandem carport space will provide a minimum depth of 35 feet. 4. The proposed 627-square-foot addition would increase the existing 3,692-square-foot duplex by 17 percent to add an exercise room and two bathrooms at the first floor level, expand the master bedroom and add an office at the second floor level, and add a family room and bathroom at the third floor level of the rear unit. These proposed additions will improve the efficiency of the rear unit and comply with all applicable development standards including height, setbacks, and gross floor area. 5. The granting of the Modification Permit is ne cessary to allow a reasonable addition to an existing duplex that was constructed in compliance with garage standards in effect at the time of original construction and will be adequate for the parking of four (4) vehicles. Finding: Zoning Administrator Resolution No. ZA2018-052 Page 6 of 11 12-21-2017 E. 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 subject property is 30.76 feet wide. A Code-compliant garage with an adjacent carport would require a minimum dimension of 29 feet 6 inches where the buildable width of the lot together with the adjacent side yard (where the carpor t is located) is only 27 feet 9 inches. Zoning Code Section 20.30.110 (Setback Regulations and Exceptions) allows a garage wall or post to project up to 9.24 inches in a side yard for a lot that is less than 30 feet 10 inches in width. This property qualifies for this exception but the additional 9.24 inches would still not provide sufficient width to accommodate Code-required width dimensions for three parking spaces. 2. The addition is expanding the rear unit of the duplex on the east side at the first and second level and adding gross floor area at the third floor level. Increasing the width of the garage at the west side and subsequently the carport width would require significant structural alterations to the structure and a significant expansion in the scope of work. 3. The proposed tandem carport addition accommodates a fourth vehicle on -site and maintains the existing nonconforming vehicle widths on -site given the limitations of the property width and existing structures on-site. Finding: F. 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. Providing a code compliant tandem carport space is not feasible given the width of the lot and the location of existing structures on-site unless a new duplex is constructed on-site or the scope of the re-model and addition is substantially increased. 2. The alternative would require expanding the garage width. Expanding the garage width would require significant alterations to the structure well beyond the scope of the planned addition. Modifying the width of the garage to project into the side setback to gain an additional 9.24 inches of parking width would be costly and would not provide code required parking space width. Furthermore, a garage encroachment into the left side yard would comply with Section 20.30.110 (Setback Regulations and Exceptions), Subsection D(9) but would not meet the requirements of Subsection A(1) for the 36- inch width of fire access free of encroachments. Zoning Administrator Resolution No. ZA2018-052 Page 7 of 11 12-21-2017 3. Modifying the width of the garage within the buildable area would also be costly and would further encroach into the already nonconforming carport, rendering it unusable. 4. An alternative that would reconfigure the entire lower level to accommodate a two-car garage and two-car carport in a tandem would require the entire first floor living area to be reconfigured. This redesign would significantly impact the cost and scope of the project and would not meet the objectives of the applicant. 5. An additional alternative is to reduce the size of the addition to not more than 10 percent of the existing floor area of the structure as authorized under Section 20.38.060 (Nonconforming Parking), Subsection A. The proposed addition maximizes the efficiency and use of each level. A redesign to reduce the size of the addition will significantly impact the project and not meet the objectives of the applicant. Finding: G. 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 parking configuration accommodates three (3) vehicles on -site with the same garage width and carport width as the existing development. The existing nonconforming garage and carport width that provide less than the required width fulfill the intent of the Zoning Code by providing adequate parking on-site. The existing condition has not proven to be detrimental to the occupants of the property, nearby properties, the neighborhood, or the City. The addition of a fourth tandem carport space will accommodate an additional vehicle on-site. 2. The proposed addition does not maximize the all owable floor area and will result in 4,318 square feet of gross floor area where the property is limited to 4,704 square feet of gross floor area (2 times the buildable area). The proposed 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. 3. The proposed project maintains a 3-foot side yard for fire access in accordance with Zoning Code Section 20.30.110 (Setbacks Regulations and Exceptions), Subsection A(1)(c). 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. The Building Division has reviewed the proposed project and added conditions of approval for demonstration of project compliance with liquefaction thresholds prior to the final of building permits. Zoning Administrator Resolution No. ZA2018-052 Page 8 of 11 12-21-2017 5. The Public Works Department has reviewed the proposed project and determined the existing block wall along 11TH Street must be reduced to 36 inches in height since a portion of the wall is located within the public right-of-way. The wall requires the approval of an encroachment agreement and encroachment permit prior to the issuance of final building permits. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-008 and Modification Permit No. MD2018-003, 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 Zoning Code and Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF MAY, 2018. Zoning Administrator Resolution No. ZA2018-052 Page 9 of 11 12-21-2017 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. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. 3. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right -of-way. 4. The maximum area of addition authorized under the Modification Permit is 627 square feet. 5. The two-car garage shall maintain minimum clear interior dimensions of 18 feet 3 inches by 19 feet and shall remain clear and open for vehicles to park. 6. The tandem carport shall maintain minimum clear dimensions of 8 feet 3 inches by 35 feet and shall remain clear and open for vehicles to park. 7. Prior to the issuance of final building permits, the existing block wall adjacent to the carport area along 11th Street shall be removed or modified to 36 inches in height measured from the adjacent sidewalk. An encroachment permit and encroachment agreement shall be obtained to retain the modified 36 -inch wall within the public right- of-way. A detail of any extensions above the wall on private property shall be provided as part of the encroachment permit and encroachment agreement submittal. Any extensions above the block wall on private property shall also comply with sight distance requirements of the Zoning Code. 8. Prior to the issuance of building permits, a geotechnical report shall be required per City Building Policy CBC1803.5. 9. The building is in an area mapped as being subject to potential seismic induced liquefaction. Prior to the issuance of building permits, foundation designs shall conform to the requirements of City Building Policy CBC 1803.5.11 -12. 10. The proposed work may exceed the valuation threshold of Newport Beach Municipal Code Section 15.02.060. Prior to the issuance of building permits, the applicant shall provide a cost analysis to show that the cost of the addition and remodel does not exceed 50 percent of the market value of the building. Otherwise, the entire building shall comply with the Code provisions for new construction. Zoning Administrator Resolution No. ZA2018-052 Page 10 of 11 12-21-2017 11. If the garage is shared, the project plans shall be revised prior to the issuance of building permits to reflect garage walls and floors with 1-hour rated construction. 12. Best Management Practices (BMP’s) and Good Housekeeping Practices (GHP’s) shall be implemented prior to and throughout the durati on of construction activity as designated in the Construction Pollution Prevention Plan (CPPP). 13. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and wash ed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 14. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stock piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 15. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 16. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 17. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 18. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 19. This Coastal Development 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 materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 20. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 21. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. Zoning Administrator Resolution No. ZA2018-052 Page 11 of 11 12-21-2017 22. 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 the current property owner or agent. 23. This Coastal Development Permit No. CD2018-008 and Modification Permit No. MD2018-003 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Exceptions) and Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 24. 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 Gladstone-Lamas Residence including, but not limited to, Coastal Development Permit No. CD2018-008 and Modification Permit No. MD2018-003 (PA2018-021). 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.