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HomeMy WebLinkAbout1986 - CONDITIONAL USE PERMIT TO WAIVE 1 PARKING SPACE RESOLUTION NO. 1986 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2015-018 AUTHORIZING THE REDUCTION OF OFF-STREET PARKING ASSOCIATED WITH THE REMODELING OF AN EXISTING SINGLE-UNIT DWELLING LOCATED AT 4024 CHANNEL PLACE (PA2015-065) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Michael G. Flower, with respect to property located at 4024 Channel Place, and legally described as Lot 13, Block 441, Canal Section, requesting approval of a conditional use permit. 2. The applicant requests the reduction of off-street parking that occurred in conjunction with the unpermitted remodeling of an existing 1,100-square-foot single-unit dwelling. Specifically, a one-car garage was converted into living space, resulting in only one (1) uncovered parking space provided on-site where the Zoning Code requires a minimum of two (2) parking spaces within a garage. 3. The subject property is located within the Two-Unit Residential (R-2) Zoning District and the General Plan Land Use Element category is Two-Unit Residential (RT). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two-Unit Residential (RT-D). 5. A public hearing was held on July 9, 2015, in the Council Chambers 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 Planning Commission 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). 2. The Class 1 exemption allows for the alterations and additions to existing structures where there is negligible or no expansion of use, including the addition of a maximum of 10,000 square feet. The proposed project involves permitting interior alterations and the conversion of garage area into living space that previously occurred without the benefit of a building permit. �, Planning Commission Resolution No. 1986 Page 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding 1. The General Plan land use designation for the site is Two-Unit Residential (RT), which allows for the development of up to two (2) dwelling units. The existing single-unit dwelling is consistent with this designation. 2. The subject property is not part of a specific plan area. Finding B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding 1. The site is within the Two-Unit Residential (R-2) Zoning District, which allows a maximum of two (2) residential dwelling units on a single legal lot. The existing single-unit dwelling is a permitted land use within this zoning district. 2. With the exception of parking, the existing dwelling complies with all applicable development standards, including building setbacks, height, floor area, and open volume. 3. Section 20.40.110 of the Newport Beach Municipal Code authorizes the reduction of off-street parking requirements through the approval of a conditional use permit and is subject to the following conditions: a. Parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk in trade, mixed-use development). L As properties redevelop in the neighborhood, the development trend has been to maximize the building floor area and height, commonly with three (3) or four (4) bedroom units, while only providing the two (2) minimum required parking spaces. 03-03-2015 Planning Commission Resolution No. 1986 Page 3 of 7 ii. The 1,100-square-foot, two-bedroom dwelling is approximately 60- percent smaller than the allowable size of the unit that could be constructed on the property (approx. 2,760 square feet). Given the significantly reduced intensity of development, maintenance of one (1) parking space is reasonable. iii. The garage conversion appears to have existed for several years and the City has not received any complaints from the neighborhood regarding the conversion or lack of on-street parking. iv. One (1) unrestricted parking space will continue to be provided on- site and the unused portion of the driveway approach located in front of the former garage door opening will be required to be closed and a sidewalk constructed. The sidewalk improvement will also result in the creation of a new legal on-street parking space that can utilized by the applicant. b, A parking management plan shall be prepared in compliance with subsection 20.40.110.0 (Parking Management Plan). L To ensure that the life of the structure is not further extended in the future and to prevent any intensification of parking demand, Condition of Approval No. 10 will function as a parking management plan and require the applicant to record a covenant that restricts any future improvements to the property that would result in additional floor area, bedrooms, or significant reconstruction of walls. Any such future improvements will require that off-street parking be brought into compliance with applicable development standards. Finding C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding 1 . The approximately 1,100-square-foot dwelling is built substantially below the maximum floor area and heights allowed on the property and remains compatible with the neighborhood where several similar older nonconforming properties exist and were constructed at a time when only one (1) space was required. 2. One (1) unrestricted parking space will continue to be provided on-site and the unused portion of the driveway approach located in front of the former garage door opening will be required to be closed and a sidewalk constructed. The sidewalk improvement will eliminate vehicles illegally parking across the driveway approach and will improve pedestrian access. 03-03-2045 Planning Commission Resolution No. 1986 Page 4 of 7 Finding D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding 1. Proposed changes are all interior and will not result in an expansion of area or change of use of the property. 2. Adequate public and emergency vehicle access, public services, and utilities are provided on-site and will continue to be accessed from Channel Place. 3. The applicant will be required to obtain building permits for the unpermitted improvements to ensure that all applicable Building, Public Works, and Fire Codes are complied with. Finding E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger,jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and this approval includes conditions to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. 2 The restrictions on future expansions and improvements will prevent adverse traffic and parking impacts to the surrounding residential uses. 3. The dwelling will continue to be utilized in a manner that has existed for several years and has not proven detrimental to date. 4. The applicant will be required to submit the interior remodeling plans to the City for review and issuance of a building permit to ensure all work completed complies with applicable Building and Fire Codes to minimize any potential hazards to the building occupants and neighbors associated with the unpermitted improvements. 03-03-2015 Planning Commission Resolution No. 1986 Page 5 of 7 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1 . The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-018, 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 City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF JULY, 2015, AYES: Kramer, Myers, Brown, Hillgren, Koetting, and Lawler NOES; None ABSTAIN: None ABSENT: None BY: A, � Rory KahWr, Vice Chair BY: J ers, ecret 03-03-2015 Planning Commission Resolution No. 1986 Page 6 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 1. The dwelling shall remain consistent 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. 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. 3. This Conditional Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or is materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. Any change in floor plan configuration, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 5. The applicant shall submit plans, obtain building permits, and final approval for all previous unpermitted improvements to the dwelling, including, but not limited to, the conversion of the garage into living space, remodeling of bathrooms, and remodeling of kitchen. Application and plans for a building permit for the as-built improvements shall be submitted within sixty (60) days of the effective date of this approval and the applicant shall diligently pursue issuance of the building permit and completion of any required modifications. 6. Within sixty (60) days of the effective date of this approval, the planter located in front of the on-site uncovered parking space shall be removed and paved to provide a Code-compliant parking depth of 19 feet clear as measured from the 3-foot front setback line. 7. The unused portion of the driveway approach located in front of the former garage door opening shall be closed and a new sidewalk shall be constructed at the applicant's cost. The new driveway approach shall align with the uncovered on-site parking space. Said improvements shall require the review and approval of the Public Works Department pursuant to an encroachment permit. Application and plans for an encroachment permit shall be submitted within sixty (60) days of the effective date of this approval and the applicant shall diligently pursue issuance of the permit and completion of improvements. 03-03-2015 Planning Commission Resolution No. 1986 Page 7 of 7 8. The on-site uncovered parking space shall be maintained free and clear at all times except for the parking of currently registered, licensed motor vehicles. 9. Within sixty (60) days of the effective date of this approval, the applicant shall record a covenant that restricts any future improvements to the property that would involve the addition of new floor area, addition of bedrooms, or that require the demolition and reconstruction of any building walls. Any such future improvements will require that off- street parking be brought into compliance with applicable development standards. The covenant shall be reviewed and approved by the City Attorney's Office prior to recordation. 10. 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. 11. Prior to issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 12. 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 sales agent. 13, All trash shall be stored within the property side yards and shall be screened from view of neighboring properties and the public right-of-way, except when placed for pick-up by refuse collection agencies. 14. This approval shall expire if the required actions described in Condition Nos. 5, 6, 7, and 9 are not completed by the respective deadlines. Prior to the expiration date of this approval, an extension may be approved in accordance with Section 20.54.060.8 of the Newport Beach Municipal Code. Request for extensions must be in writing. 15. 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 Flower Residence Parking Reduction including, but not limited to, Conditional Use Permit No. UP2015-018. 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. 03-03-2015