HomeMy WebLinkAboutZA2014-048 - MOD FOR REDUCED GARAGE DIMENSIONS. - 2132 Seville Ave RESOLUTION NO. ZA2014-048
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2014-012 TO ALLOW THE CONSTRUCTION OF
A NEW TWO-CAR GARAGE WITH REDUCED INTERIOR
DIMENSIONS LOCATED AT 2132 SEVILLE AVENUE (PA2014-
189)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Mark Becker, on behalf of the property owner with respect to
property located at 2132 Seville Avenue and legally described as Lot 95 of Tract 948,
requesting approval of a modification permit.
2. The applicant proposes a modification permit to allow the construction of a new two-car
garage with an interior dimension of 18 feet 6 inches in width by 19 feet in depth where
the Code requires dimensions of 20 feet in width by 20 feet in depth be provided. The
proposed new 3,102-square-foot home and attached 512-square-foot garage would
comply with all other development standards.
3. The subject property is located within the R-1 (Single-Unit Residential) Zoning District
and the General Plan Land Use Element category is RS-D (Single Unit Residential
Detached).
4. The subject property is located within the coastal zone and is designated RSD-C (Single
Unit Residential Detached 10.0 — 19.9 DU/AC).
5. A public hearing was held on December 23, 2014, 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 under the requirements
of the California Environmental Quality Act (CEQA) under Class 3 (New Construction
or Conversion of Small Structures) of the Guidelines for CEQA.
2. This exemption includes one single-family residence, or a second dwelling unit in a
residential zone. This proposed project is a new 3,102-square-foot single-family
residence with an attached 512-square-foot garage in the R-1 (Single-Unit Residential)
zone.
Zoning Administrator Resolution No. ZA2014-048
Page 2 of 5
3. SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.050.E (Required Findings, Modification Permits) of the
Newport Beach Municipal Code (NBMC), the following findings and facts in support of the
findings for a modification permit are set forth:
Finding:
A. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1. The existing development in the neighborhood is primarily characterized of two- and
three-story single-unit dwellings developed on lots that are predominately rectangular
in shape and measure approximately 35 feet wide by 70 feet deep with garage access
from the alley at the rear of the lots.
2. Per the Zoning Code, dwellings located on lots that are between 30.1 to 40 feet in width
are required to provide a two-car garage with minimum clear interior dimensions of 18
feet 6 inches in width by 19 feet in depth, which equates to an area of 351.5 square feet.
3. The proposed development maintains the predominant development pattern in the
neighborhood by locating the garage toward the rear of the lot with a minimum clear
width of 18 feet 6 inches and a depth of 19 feet. However, due to the triangular lot
shape, the proposed design provides additional garage space totaling 510 square feet in
area that can accommodate additional storage.
Finding:
B. 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 Zoning Code establishes varying garage sizes and side setback requirements based
on the width of lot to address development constraints associated with narrower lots. Lots
that are between 30.1 to 40 feet in width are required to provide a two-car garage with
minimum clear interior dimensions of 18 feet 6 inches in width by 19 feet in depth and a
minimum three foot setback. Lots wider than 40 feet require a two-car garage measuring
20 feet by 20 feet and minimum four-foot side setbacks.
2. The triangular shape of this lot measures 59.60 feet in the front and narrows to 23.54 feet
at the rear of the property, but results in a lot width of 41 feet utilizing the methodology of
the Zoning Code that states lot width is measured horizontally from side lot lines at a
point midway between the front and rear lot lines. In this case, the narrow lot width at the
10-15-2013
Zoning Administrator Resolution No. ZA2014-048
Page 3 of 5
rear of the lot creates a practical hardship in providing a conforming 20-foot by 20-foot
garage at the rear of the lot. As proposed, the design includes a larger garage at the rear
of the lot, but maintains parking dimensions of 18 feet 6 inches by 19 feet, consistent with
those dimensions required of the surrounding 35-foot-wide lots in the vicinity.
3. Due to the lot width of 41 feet, the resulting four-foot side setbacks that are required
result in a disproportionately increased area of the lot restricted as setback than the
surrounding 35-foot-wide lots subject to a three-foot side setbacks. For example, the
subject 2,850-square-foot lot is allowed a maximum floor area of 3,970 square feet,
resulting in a floor area to land area ratio of 1.39. The typical 35-foot-wide lot in the area
(2,450 square feet) with three-foot side setbacks is permitted a maximum floor area of
3,712 square feet, resulting in a floor area to land area ratio of 1.52. Since the subject lot
is already disproportionately affected by the lot width with regards to allowable floor area,
requiring a 20-foot by 20-foot garage would further impact the living area of the proposed
dwelling by requiring the garage to be located further toward the front of the house and
creating a garage space substantially larger (540 square feet) than the minimum garage
space (352 square feet) provided on neighboring lots.
Finding:
C. 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 triangular shape of lot that narrows to 23.54 feet is unique when compared to the
surrounding 35-foot-wide rectangular lots that are typical in the area. Although a few
other triangular lots do exist in the vicinity, those lots differ in that they widen toward the
rear of the lots accommodating larger garages.
2. Although the lot technically maintains an average width of 41 feet, the narrowing lot width
creates a constraint with designing the required 20-foot by 20-foot garage at the rear of
the lot. Therefore, a reduced garage dimension of 18 feet 6 inches by 19 feet is
necessary to maintain the development pattern with the garage located toward the
rearmost portion of the lot as possible, consistent with that of the surrounding 35-foot
wide lots with 18-feet-6-inch by 19-feet garages.
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. Providing a garage with dimensions of 18 feet 6 inches by 19 feet would not result in a
detriment to surrounding owners or occupants since the minimum garage size of 18
10-15-2013
Zoning Administrator Resolution No. ZA2014-048
Page 4 of 5
feet 6 inches by 19 feet is the standard required of surrounding lots. However, unlike
the surrounding lots, the proposed garage is actually larger in area (510 square feet
versus 352 square feet) due to the constrained garage space located at the rear most
portion of the lot that can be used for additional storage.
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.
Fact in Support of Finding
1. Though the proposed minimum clear interior dimensions will be less than the minimum
required by the Zoning Code, it provides sufficient area for use as a two-car garage with
additional space to park a golf cart or additional storage. The proposed size of the
garage is consistent with neighboring properties and will not be detrimental to the
occupants of the property, nearby properties, neighborhood, or City.
2. The approval of this Modification Permit will comply with all other provisions of the R-1
Zoning District and will not result in a change in density or intensity that would be
inconsistent with the provisions of the Zoning Code.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Modification
Permit No. MD2014-012, 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 after the adoption of this
Resolution 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 23 t DAY OF DECEMBER, 2014.
rt
Iredisneski, AI P, Zoning Administrator
10-15-2013
Zoning Administrator Resolution No. ZA2014-048
Page 5 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division
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. Modification Permit No. MD2014-012 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions)
of the Newport Beach Municipal Code, unless an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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 Use
Permit.
5. The Zoning Administrator may add to or modify the conditions of approval to this
Modification Permit or revoke this Modification Permit upon a determination that the
operation, which is the subject of this Modification Permit, causes injury, or is detrimental
to the health, safety, peace, comfort, or general welfare of the community.
6. 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.
7. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless the 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 2132 Seville Avenue Modification Permit
including, but not limited to, the Modification Permit No. MD2014-012 (PA2014-189). 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 the City's costs, attorneys' fees, and damages, which the 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.
10-15-2013