HomeMy WebLinkAboutZA2016-047 - MORE THAN 10% ADDITION TO EXISTING SINGLE-STORY SINGLE FAMILY DWELLING WITH NONCONFORMING PARKING - 2007 Diana Ln RESOLUTION NO. ZA2016-047
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MODIFICATION
PERMIT NO. MD2016-009 FOR A 25-PERCENT ADDITION TO
AN EXISTING NONCONFORMING SINGLE-FAMILY
RESIDENCE LOCATED AT 2007 DIANA LANE (PA2016-106)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by JR Walz of Walz Architecture, with respect to property located
at 2007 Diana Lane, and legally described as Lot 51 in Tract 1763 requesting approval of
a modification permit.
2. The applicant proposes a modification permit to allow a 25-percent addition (497
square feet) to an existing single-family residence with nonconforming parking
dimensions. The Zoning Code limits additions to 10 percent of the existing gross floor
area when the required parking dimensions are not provided. The nonconforming
garage provides an interior depth of 19 feet 2 inches and a width of 21 feet 6 inches.
The Zoning Code requires 20 feet for both dimensions.
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 25, 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).
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
Zoning Administrator Resolution No. ZA2016-047
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proposed project is a 497 square-foot addition to an existing single-family residence in a
developed neighborhood and is not within an environmentally sensitive area.
SECTION 3. REQUIRED FINDINGS.
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:
A. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1. The neighborhood is comprised of predominately one-story single-family dwellings.
The Modification Permit will allow expansion of the existing one-story, single-family
residence, which is compatible with other properties in the neighborhood.
2. The addition would increase the dwelling by 497 square feet to add a master bedroom
and bathroom and convert an existing bedroom into a study. The proposed addition
will comply with all applicable development standards including height, setbacks, and
site coverage. The proposed addition will not intensify or alter the existing
nonconforming parking or southeast side setback encroachment.
3. The proposed addition will result in a total floor area of approximately 2,451 square
feet (including the 443-square-foot garage), which is equal or less than the bulk and
scale of the other single-unit dwellings within the neighborhood.
4. The existing development on the property is a single-family dwelling. Therefore, there
is no change to the density or intensity 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 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 considered legal nonconforming.
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Zoning Administrator Resolution No. ZA2016-047
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2. Moving the north garage wall that is not within the area of the proposed construction
would be costly and significantly increase the scope of the project in order to gain 10
inches of garage depth.
3. Moving the south garage wall would further encroach into an already nonconforming
side setback.
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.
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 addition is expanding the structure towards the rear of the property on the north
side. Increasing the depth of the garage to 20 feet would affect the south side of the
property and result in a practical difficulty by requiring significant structural alterations
to the structure and a significant expansion in the scope of work in order to increase
the depth of the garage by approximately 10 inches.
2. The existing garage provides two (2) useable garage spaces only slightly less than the
required width and fulfills the intent of the Zoning Code by providing adequate parking
on-site. Approval of the Modification Permit allows the applicant to continue using the
existing two-car garage, which has not proven detrimental to the occupants or
neighbors of the dwelling.
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. The alternative would require that the applicant bring the existing two-car garage into
conformance by expanding the garage depth. Expanding the garage depth would
require significant alterations to the structure well beyond the scope of the planned
addition. Expanding the depth of the garage further into the side setback is not feasible
without review and approval of a variance.
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2. The other alternative is to reduce the size of the addition to not more than 10 percent
of the existing floor area of the structure and comply with the requirements of the
Zoning Code. Given the intent of the project is to provide a master bedroom and
bathroom, a redesign to reduce the size of the addition will significantly impact the
project and not meet the objectives of 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 one-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
depth to park two (2) vehicles.
3. The proposed addition will result in site coverage of 37 percent and that is less than
the maximum 60 percent 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. MD2016-009, 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 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 251" DAY OF AUGUST, 2016.
BY:
Patrick J. Alford, Zoning Administrator
i
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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, 2 inches deep by minimum 20 feet
wide) 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. 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.
8. 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 2007 Diana Lane Modification including, but not
limited to, Modification Permit No. MD2016-009 (PA2016-106). 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,
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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.
PUBLIC WORKS DEPARTMENT
9. The existing fence located within the Diana Lane right-of-way shall be removed.
10. A new 36-inch box street tree shall be installed within the Diana Lane right-of-way per
Council Policy G-6.
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