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HomeMy WebLinkAboutZA2017-014 - ADDITION GREATER THAN 10% TO DWELLING WITH NONCONFORMING GARAGE - 1731 Bayport Way RESOLUTION NO. ZA2017-014 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2016-017 FOR A 534-SQUARE-FOOT ADDITION TO AN EXISTING SINGLE-FAMILY RESIDENCE WITH NONCONFORMING PARKING LOCATED AT 1731 BAYPORT WAY (PA2016-205) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Creative Heights Designs (Moises Villegas) with respect to property located at 1731 Bayport Way and legally described as Lot 10 of Tract 2467 requesting approval of a modification permit. 2. The applicant proposes a modification permit to allow a 23 percent addition to an existing single-family residence with nonconforming parking. The modification permit is required due to the existing nonconforming garage that does not meet the interior clear dimensions required by the Zoning Code. The existing nonconforming garage provides dimensions 17 feet 3 inches wide by 21 feet 10 inches deep, whereas the Zoning Code requires a minimum interior width of 20 feet and a minimum length of 20 feet. The proposed development was subject to compliance with the Orange County Zoning Code at the time of construction. 3. The subject property is located within the Single-Unit Residential (R-1-10000) 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 February 28, 2017 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 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines. 2. This exemption includes additions of 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 534-square-foot addition to an existing single family Zoning Administrator Resolution No. ZA2017-014 Page 2 of 7 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) 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 by 534 square feet for two new bedrooms, walk-in closets, and a bathroom. The proposed addition will comply with all applicable development standards, including height, setbacks, and site coverage. The proposed addition will not intensify the existing nonconforming parking. 2. Bayport Way consists of single-story and two-story single-family residences. Several of the other homes built in Tract No. 2467 were developed with setback encroachments and parking dimensions similar to the subject property. The addition is consistent with the design and height of other properties in the neighborhood. 3. The existing development on the property is a single-family dwelling with a two-car garage. Therefore, there is no change to the density 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 . A modification permit is necessary based on the original design of the residence in 1959 that oriented the structure essentially parallel to the front property line, thereby utilizing the full front of the property for livable area and leaving less than 20 feet for the width of the garage. Therefore, expanding the garage to the south will not bring the garage into conformance, unless a variance is approved to allow it to encroach into the setback. Alteration of the north wall would significantly increase the scope and cost of the project, and greatly alter the interior layout of the residence. Expansion of the garage to provide a tandem parking configuration would require significant structural work that would affect the existing second floor above the garage. 01-03-17 Zoning Administrator Resolution No. ZA2017-014 Page 3 of 7 2. The granting of the Modification Permit is necessary to allow a reasonable addition to an existing dwelling that was constructed pursuant to Orange County Zoning Code requirements, and that allows adequate width for the parking of two (2) vehicles. Additionally, the driveway in front of the garage allows for up to two (2) open parking spaces on-site. 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 existing residence and two-car garage were originally constructed under the jurisdiction of the County of Orange in 1959 and subsequently annexed to the City in 1968. Therefore, at the time of original construction, the existing two-car garage was built pursuant to County of Orange standards. 2. The proposed addition is located at the rear of the lot, away from the location of the existing garage, and does not result in the need to modify the garage located at the front of the residence. Increasing the width of the garage to 20 feet to satisfy current parking size requirements would require major structural alterations to the north wall and result in a significant increase in the scope of work in order to increase the garage width by 2 feet 9 inches. 3. The existing garage provides two (2) useable garage spaces only slightly less than the required widths and fulfills the intent of the Zoning Code by providing adequate parking on-site. The driveway may serve as two (2) additional open parking spaces on-site. Approval of the Modification Permit allows the applicant to continue using the existing two-car garage, which has not been detrimental to the occupants or neighbors, and allows for a reasonable size addition. 4. The R-1-10000 zone limits maximum site coverage to 60 percent of the lot. The existing property only utilizes approximately half of the total building potential allowed by the Zoning Code. The proposed project would increase the total lot coverage by approximately 7 percent, for a total of 40.84 percent, which is consistent with the general range of properties in the neighborhood. 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: 01-03-17 Zoning Administrator Resolution No. ZA2017-014 Page 4 of 7 1. The applicant may expand the garage to meet the current dimension requirements. However, expanding the garage to the south will not bring the garage into conformance, unless a variance is approved to allow it to encroach into the setback. Alteration of the north wall would significantly increase the scope and cost of the project, and greatly alter the interior layout of the residence. Expansion of the garage to provide a tandem parking configuration would require significant structural work that would affect the existing second floor above the garage. 2. The applicant may reduce the addition 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 two new bedrooms, a new bathroom and closets, 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. The existing structures onsite amount to approximately half of the allowed lot coverage of the site (33.58% out of 60% allowed). Additionally, the proposed project would only increase the total lot coverage of the site by approximately 7 percent (40.84°/x). Therefore, the proposed modification permit would allow the Applicant to utilize the available square footage permitted in the R-1-10000 zone. 3. The proposed project and the potential alternatives would result in the same potential impacts to surrounding owners, occupants, the neighborhood, and the general public. 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 second 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 width to park two (2) vehicles. Additionally, the driveway in front of the garage allows for up to two (2) open parking spaces on-site. 3. The proposed addition will result in site coverage that is less than the maximum allowed by Zoning Code. 01-03-17 Zoning Administrator Resolution No. ZA2017-014 Page 5 of 7 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 approved Modification Permit No. MD2016-017 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 28TH DAY OF FEBRUARY, 2017. Patrick J. Alford, Zoning Administrator 01-03-17 Zoning Administrator Resolution No. ZA2017-014 Page 6 of 7 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 (17 feet 3 inches by minimum 21 feet 10 inches deep) shall be kept clear of obstructions including cabinets, shelving, or similar structures 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. 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 Modification. 5. 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. 6. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Modification Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Modification Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 7. 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 business owner, property owner or the leasing agent. 8. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 9. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in 01-03-17 Zoning Administrator Resolution No. ZA2017-014 Page 7 of 7 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 Pitcher Modification Permit including, but not limited to, MD2016-017(PA2016- 205). 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. Building Division Conditions 11 . 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. 01-03-17