HomeMy WebLinkAboutZA2016-044 - MODIFICATION PERMIT TO ALLOW GREATER THAN 10% ADDITION DUE TO NONCONFORMING PARKING - 2312 Laurel Pl RESOLUTION NO. ZA2016-044
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2016-008 FOR A 111-PERCENT ADDITION TO
AN EXISTING NONCONFORMING SINGLE-UNIT RESIDENCE
LOCATED AT 2312 LAUREL PLACE (PA2016-086)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Foothill Project Management, Inc. (Corrie Kates), with respect
to property located at 2312 Laurel Place, and legally described as Lot 9 in Tract 1188
requesting approval of a modification permit.
2. The applicant proposes a modification permit to allow a 111-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 19 feet
6 inches and a depth of 19 feet 5 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 August 11, 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
proposed project is a 2,058-square-foot addition to an existing single-family residence in
a developed neighborhood and is not within an environmentally sensitive area.
Zoning Administrator Resolution No. ZA2016-044
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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 size by 2,058 square feet to allow for a
new dining room, expanded family room, and new master bedroom suite on the
first floor, as well as two new bedrooms on the second floor. The proposed addition
will comply with all applicable development standards, including height, setbacks,
and site coverage. The proposed addition will not create the need for a third
parking space and will not intensify the nonconforming parking.
2. The proposed addition will increase the total floor area of the property, including
the garage, to approximately 3,916 square feet, significantly below the maximum
allowable floor area of 10,773 square feet.
3. Laurel Place consists of single-story and two-story single-family residences. The
685-square-foot second story addition will not exceed the maximum 29-foot height
limit for the Zoning District and is consistent with the design and height of other
properties in the neighborhood.
4. The existing development on the property is a single-story, single-family dwelling
with a detached two-car garage and no change to the density would result.
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 existing two-car garage was compliant with the setback standards of the
Orange County Zoning Code when it was constructed in 1948. When the lot was
annexed from the County in 1956, the garage became legal, nonconforming due to
the encroachment into the rear setback. The interior dimensions of the existing
two-car garage were compliant with the Newport Beach Zoning Code at the time of
annexation in 1956. 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.
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2. A modification permit is necessary because the garage is a nonconforming
accessory structure due to its encroachments into the side and rear setbacks and
cannot be expanded in size. Section 20.38.040 (C) of the Zoning Code states that
structural alterations to nonconforming accessory structures are not allowed.
Therefore, in order for the garage to be brought to conformance with current
parking requirements, it would have to be completely demolished and relocated to
comply with the setbacks.
3. The relocation of the garage is difficult due to the unique orientation between the
residence and the garage. The relocation of the garage to comply with current
setbacks would significantly reduce the turning radius in the open space between
the garage and existing residence. This would make it difficult for vehicles to make
a proper turnout and force vehicles to back up in reverse towards the street. The
existing location of the garage has a turning radius large enough for a proper
turnout and allows for vehicles to safely drive in a forward direction towards the
street.
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 long driveway in front of the garage
allows for additional on-site parking spaces.
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 for the principal structure, which is detached from the
existing garage, and does not directly result in the need to modify the garage
located at the rear of the lot.
2. Due to the nonconforming status of the accessory garage structure, increasing the
width and depth of the garage to dimensions of 20 feet wide and 20 feet deep to
satisfy current parking size requirements would require a complete demolition of
the existing garage. This will result in a significant increase in the scope of work in
order to increase the garage width by six inches and the garage depth by seven
inches.
3. The existing garage provides two (2) useable garage spaces with dimensions only
slightly less than the requirement and fulfills the intent of the Zoning Code by
providing adequate parking on-site. The driveway is approximately 95 feet deep by
8 feet 7 inches wide, which serves as additional on-site parking spaces. Approval
of the Modification Permit allows the applicant to continue using the existing two-
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car garage, which has not been detrimental to the occupants or neighbors of the
dwelling, and allows for a reasonable size addition to the residence.
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
the current Zoning Code requirements. Due to the encroachment into the setbacks
as a result of the current Zoning Code, the existing garage is a nonconforming
accessory structure. Structural alteration of nonconforming accessory structures is
not allowed per Zoning Code Section 20.38.040 (C). Therefore, the alternative to
the Modification Permit is to completely demolish the existing garage and relocate
it to comply with current setback standards. This would significantly increase the
scope and cost of the project and would result in a potential detriment to the
applicant and neighbors by reducing the turning radius between the garage and
existing residence and forcing vehicles to back out of the long driveway.
2. The applicant may reduce the addition to the residence 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 dining room,
expanded family room, new master bedroom suite, and two new bedrooms on the
second floor, 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.
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 two-story addition would maintain all required setback standards 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 long driveway in front of
the garage allows for additional on-site parking spaces.
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3. The proposed addition will result in a floor area total that is less than the maximum
allowed by Zoning Code.
4. The approval of this Modification Permit is conditioned as 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. MD2016-008, 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.
PASSED, APPROVED, AND ADOPTED THIS 11th DAY OF AUGUST, 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 (19 feet 6 inches wide by 19 feet 5 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. 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 Laurel Place
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
or indirectly) to City's approval of the Stern Modification Permit including, but not limited
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to, Modification Permit No. MD2016-008 (PA2016-086). 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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