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HomeMy WebLinkAboutZA2012-017 Nguyen Residence Parking ModificationRESOLUTION NO. ZA2012 -017 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. MD2012 -006 FOR THE LOCATION OF REQUIRED PARKING LOCATED AT 129 241h STREET (PA2012 -023) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Rod A. Jeheber on behalf of the property owner, with respect to property located at 129 24th Street, and legally described Lot 21, Block 24 of the Newport Beach City Tract requesting approval of a Modification Permit. 2. The applicant proposes to construct a new, single - family residence with one garage space and one carport space to satisfy the residential parking standard which requires two spaces within a garage. 3. The subject property is located within the Single -Unit Residential (R -1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 4. The subject property is located within the coastal zone in the categorical exclusion zone. The Coastal Land Use Plan category is Single Unit Residential Detached - (20.0 - 20.9 DU /AC) (RSD -D). 5. A public hearing was held on April 11, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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 under Class 3 (New Construction or Conversion of Small Structures). 2. Class 3 provides for the construction and location of new, small structures including one single - family residence in a residential zoning district. 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 finding for a Modification Permit are set forth: Zoning Administrator Resolution No. 2012 -017 Page 2 of 5 Finding: A. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: 1. The neighborhood is developed with single- and two- family residences with vehicular access from the alley. 2. The requested modification will allow the applicant to maintain vehicular access from the alley and provide two -car parking for the new single - family residence. 3. The proposed carport will be adjacent to the interior lot line and will not be visible from Balboa Boulevard. 4. As conditioned, the carport area will count towards the maximum floor area limit for the property to prevent an advantage by granting an alternative location for parking. 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 narrow lot dimensions present a practical difficulty and preclude the construction of a two -car garage with the required minimum clear interior width. 2. Although a two -car tandem garage is feasible, the required depth of 35 feet would result in a first floor that is constrained and unusually narrow. 3. Although granting the modification would allow deviation from the required parking standards, two usable parking spaces would be maintained for the single - family residence; thus, the purpose and intent of the Zoning Code is upheld. 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 buildable width of the lot narrows from 17 feet, 9 '/2 inches to 14 feet, 2 inches. Section 20.40.090 (Parking Standards for Residential Uses) of the Zoning Code requires a two -car garage with a minimum clear interior width of 17 feet, 6 inches. Tmplt: 12/15/2011 Zoning Administrator Resolution No. 2012 -017 Page 3 of 5 2. There is no feasible method of providing the minimum clear interior width without encroaching into a required side setback area. The granting of the modification will allow the applicant to provide the required parking in a manner that is least obtrusive to the adjacent neighbor and as seen from Balboa Boulevard. 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. Section 20.52.050 (Modification Permits) of the Zoning Code specifies that a Modification Permit may be granted to allow relief from a development standard including deviations from the size, access, and /or location of parking spaces. 2. The granting of the Modification Permit allows the applicant to use one partially covered carport space in place of one enclosed garage space to satisfy the parking requirement for a single - family residence. 3. Although a two -car tandem garage is feasible for the property, its construction would create a first floor area that is constrained and unusually narrow. 4. In order to construct a two -car garage with the required clear interior width, the applicant would need to pursue a variance for encroachments into the required side setback. The encroachments would locate the garage walls either closer to the neighboring property or closer to Balboa Boulevard which could prove detrimental. 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. The existing development on the property is a single - family residence and the proposed development is a single - family residence. As such, there is no change to the density or intensity. 2. The granting of the modification would provide relief from the residential parking requirement of a two -car garage, but would maintain the required two spaces and would preclude any detriment on nearby properties. Tmplt: 12/15/2011 Zoning Administrator Resolution No. 2012 -017 Page 4 of 5 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves PA2012 -023 for MD2012 -006, 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 days after the adoption of this Resolution 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 11th DAY OF APRIL, 2012. I Wisneski; AIPP, Zoning Administrator Tmplt: 12/15/2011 Zoning Administrator Resolution No. 2012 -017 Page 5 of 5 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. This approval shall expire unless exercised within 24 months from the approval date, as specified in Section 20.93.050 (A) of the Newport Beach Municipal Code. Prior to the expiration date of this approval, an extension may be approved in accordance with Section 20.93.050 (B) of the Newport Beach Municipal Code. Requests for an extension must be in writing. 3. The area of the covered carport shall be included in the square footage calculations and shall count towards the maximum floor area limitation of the property. 4. A copy of the resolution with conditions of approval shall be incorporated into the Building Division and field sets of plans prior to the issuance of building permits. 5. 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. 6. 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 Nguyen Residence Parking Mod including, but not limited to, the PA2012 -023 for MD2012 -006. 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. Tmplt: 1211512011